2022 ANNUAL REPORT

 

 

1)

Section

Amended Chapter Numbers:

 

3-6-1

192 and 193

 

 

3-6-1. Manufacturer's license.

   (a) A manufacturer's license authorizes the holder to establish and operate a brewery,

distillery, or winery at the place described in the license for the manufacture of beverages within

this state. The license does not authorize more than one of the activities of operator of a brewery or

distillery or winery and a separate license shall be required for each plant.

     (b) The license also authorizes the sale at wholesale, at the licensed place by the

manufacturer of the product of the licensed plant, to another license holder and the transportation

and delivery from the place of sale to a licensed place or to a common carrier for that delivery. The

license does authorize the sale of beverages for consumption on premises where sold; provided that

the manufacturer does not sell an amount in excess of thirty-six forty-eight ounces (36 oz.) (48 oz.)

of malt beverage or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a

combination not greater than three (3) drinks where a drink is defined as twelve up to sixteen ounces

(12 oz.) (16 oz.) of beer or one and one-half ounces (1.5 oz.) of spirits, for consumption on the

premises. The license also authorizes the sale of beverages produced on the premises in an amount

not in excess of forty-eight (48) twelve-ounce (12 oz.) bottles or cans or forty-eight (48) sixteen-

ounce (16 oz.) bottles or cans of malt beverages, or one thousand five hundred milliliters (1,500

ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more than

seventy-two ounces (72 oz.) each. These beverages may be sold to the consumers for off-premises

consumption, and shall be sold pursuant to the laws governing retail Class A establishments. The

containers for the sale of beverages for off-premises consumption shall be sealed. The license does

not authorize the sale of beverages in this state for delivery outside this state in violation of the law

of the place of delivery. The license holder may provide to visitors, in conjunction with a tour or

tasting, samples, clearly marked as samples, not to exceed three hundred seventy-five milliliters

(375 ml) per visitor for distilled spirits and seventy-two ounces (72 oz.) per visitor for malt

beverages at the licensed plant by the manufacturer of the product of the licensed plant to visitors

for off-premises consumption. The license does not authorize providing samples to a visitor of any

alcoholic beverages for off-premises consumption that are not manufactured at the licensed plant.

All manufacturer licenses conducting retail sales or providing samples shall be subject to

compliance with alcohol server training and liquor liability insurance requirements set forth in §§

3-7-6.1 and 3-7-29 and the regulations promulgated thereunder.

     (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery

producing more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500)

for a distillery producing less than or equal to fifty thousand gallons (50,000 gal.) per year; five

hundred dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500) for a winery

producing more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500)

per year for a winery producing less than fifty thousand gallons (50,000 gal.) per year. All those

fees are prorated to the year ending December 1 in every calendar year and shall be paid to the

general treasurer for the use of the state.


 

 

 

 

 

 

 

2)

Section

Amended Chapter Numbers:

 

3-6-1.2

3 and 4

 

 

3-6-1.2. Brewpub manufacturer's license.

    (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the

beverages manufactured on the location for consumption on the premises. The license shall not

authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments. The license also authorizes the sale

of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce

(12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages,

or one thousand five hundred milliliters (1,500 ml) of distilled spirits per visitor, per day, to be sold

in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may

be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

governing retail Class A establishments.

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier

for that delivery.

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under § 3-6-9 or § 3-6-11.

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing

more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500) per year for

a brewpub producing less than fifty thousand gallons (50,000 gal.) per year. The annual fee is shall

be prorated to the year ending December 1 in every calendar year and paid to the general treasurer

for the use of the state.

     (e) [Expires March 1, 2022]. A holder of a brewpub manufacturer's license will be

permitted to sell, with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml)

bottles of wine or the equivalent volume of wine in smaller factory sealed containers, or seventy-

two ounces (72 oz.) of mixed wine-based drinks or single-serving wine in containers sealed in such

a way as to prevent re-opening without obvious evidence that the seal was removed or broken, one

hundred forty-four ounces (144 oz.) of beer or mixed beverages in original factory sealed

containers, and one hundred forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72

oz.) of mixed beverages containing not more than nine ounces (9 oz.) of distilled spirits in growlers,

bottles, or other containers sealed in such a way as to prevent re-opening without obvious evidence

that the seal was removed or broken, provided such sales shall be made in accordance with § 1.4.10

of the department of business regulation (DBR) liquor control administration regulations, 230-

RICR-30-10-1, and any other DBR regulations.

     (1) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a brewpub

licensee is prohibited.

     (2) The provisions of subsection (e) and (e)(1) of this section shall remain permanent and

any sunset provision pursuant to section 3 of chapter 129 P.L. 2021, ch. 129, § 3 or section 3 of

chapter 130 P.L. 2021, ch. 130, § 3 of the public laws of 2021 shall be void.


 

 

 

 

 

 

 

 

3)

Section

Amended Chapter Numbers:

 

3-7-7

3 and 4

 

 

3-7-7. Class B license.

 (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or

victualer whose tavern or victualing house may be open for business and regularly patronized at

least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or

served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may

fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town

council may, in its discretion, issue full and limited Class B licenses which may not be transferred,

but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland

town council may, in its discretion, issue full and limited Class B licenses which may not be

transferred to another person or entity, or to another location, but which shall revert to the town of

Cumberland if not renewed by the holder.

     The Pawtucket city council may, in its discretion, issue full and limited Class B licenses

which may not be transferred to another person or entity, or to another location, but which shall

revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any

Class B license holders whose licenses were issued by the Pawtucket city council with the right to

transfer.

     (2) The license authorizes the holder to keep for sale and sell beverages including beer in

cans, at retail at the place described and to deliver them for consumption on the premises or place

where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging

of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge shall

be posted at the entrance of the establishments in a prominent place.

     (i) [Expires March 1, 2022]. A holder of a Class B license will be permitted to sell, with

take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the

equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of

mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent

re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four

ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred

forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages

containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other

containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was

removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the

department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-

10-1, and any other DBR regulations. A Class B license holder shall not sell alcoholic beverages

under the provisions of this subsection for a lower price than what is charged for the same beverage

for consumption on the premises.

     (ii) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a Class B

licensee is prohibited.

     (iii) The provisions of subsection subsections (a)(2)(i) and (a)(2)(ii) of this section shall

remain permanent and any sunset provision pursuant to section 3 of chapter 129 P.L. 2021, ch.129,

§ 3 or section 3 of chapter 130 P.L. 2021, ch. 130, § 3 of the public laws of 2021 shall be void.

     (3) Holders of licenses are not permitted to hold dances within the licensed premises, unless

proper permits have been properly obtained from the local licensing authorities.

     (4) Any holder of a Class B license may, upon the approval of the local licensing board

and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open

for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal

state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license

shall be advertised by the local licensing board in a newspaper having a circulation in the county

where the establishment applying for the license is located.

     (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her

business and products sold on the premises, including neon signs, and is allowed to light those signs

during all lawful business hours, including Sundays and holidays.

     (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail

class B and/or class ED license may apply to the municipality in which the licensee is located for

a permit to conduct a so-called "Lock-In Event", under the following conditions:

     (i) A "Lock-In Event" is defined as an event where a specified group of individuals are

permitted to remain in a licensed premises after closing hours including, but not limited to, the

hours of 1:00 a.m. to 6:00 a.m.

     (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant

to a permit issued for each such event, subject to such conditions as may attach to the permit. The

fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars

($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the

municipal licensing authority and there shall be no appeal from the denial of such a permit.

     (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured

in place or removed from the public portion of the premises and secured to the satisfaction of the

municipality issuing the Lock-In Event permit.

     (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the

Lock-In Event participants and no other patrons shall be admitted to the premises who are not

participants. It shall be a condition of the permit that participants shall not be admitted more than

thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of

unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.

     (v) As part of the Lock-In Event, food shall be served.

     (vi) The municipal licensing authority may, in its sole discretion, require the presence of a

police detail, for some or all of the event, and the number of officers required, if any, shall be

determined by the municipality as part of the process of issuing the Lock-In Event permit. The

licensee shall be solely responsible for the cost of any such required police detail.

     (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two

thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400)

to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred

(2,500) inhabitants, as determined by the last census taken under the authority of the United States

or the state, the fee for each retailer's Class B license shall be determined by the town council, but

shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his

or her application, any retailer's Class B license may be issued limiting the sale of beverages on the

licensed premises to malt and vinous beverages containing not more than twenty percent (20%)

alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200)

to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in

each case be prorated to the year ending December 1 in every calendar year.

     (1) Upon the approval and designation of a district or districts within its city or town by

the local licensing board, the local licensing board may issue to any holder of a Class B license or

a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and

Saturdays, the night before a legal state holiday or such other days as determined by the local board,

for one hour past such license holder's legal closing time as established by the license holder's

license or licenses including, but not limited to, those issued pursuant to subsection (a)(4) of this

section. The extended hours permit shall not permit the sale of alcohol during the extended one-

hour period and shall prohibit the admittance of new patrons in the establishment during the

extended one-hour period. The designation of such district(s) shall be for a duration of not less than

six (6) months. Prior to designating any such district, the local licensing authority shall hold a

hearing on the proposed designation. The proposed designation shall include the boundaries of the

proposed district, the applicable days for the extended hours, and the duration of the designation

and the conditions imposed. The proposed designation shall be advertised at least once per week

for three (3) weeks prior to the hearing in a newspaper in general circulation in the city or town.

The city or town will establish an application process for an extended hours permit for such license

holder and may adopt rules and regulations to administer the permit.


 

 

 

 

4)

Section

Amended Chapter Numbers:

 

3-7-7

33 and 34

 

 

3-7-7. Class B license.

   (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or

victualer whose tavern or victualing house may be open for business and regularly patronized at

least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or

served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may

fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town

council may, in its discretion, issue full and limited Class B licenses which may not be transferred,

but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland

town council may, in its discretion, issue full and limited Class B licenses which may not be

transferred to another person or entity, or to another location, but which shall revert to the town of

Cumberland if not renewed by the holder.

     The Pawtucket city council may, in its discretion, issue full and limited Class B licenses

which may not be transferred to another person or entity, or to another location, but which shall

revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any

Class B license holders whose licenses were issued by the Pawtucket city council with the right to

transfer.

     (2) The license authorizes the holder to keep for sale and sell beverages including beer in

cans, at retail at the place described and to deliver them for consumption on the premises or place

where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging

of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge shall

be posted at the entrance of the establishments in a prominent place.

     (i) [Expires March 1, 2022]. A holder of a Class B license will be permitted to sell, with

take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the

equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of

mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent

re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four

ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred

forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages

containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other

containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was

removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the

department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-

10-1, and any other DBR regulations.

     (ii) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a Class B

licensee is prohibited.

     (3) Holders of licenses are not permitted to hold dances within the licensed premises, unless

proper permits have been properly obtained from the local licensing authorities.

     (4) Any holder of a Class B license may, upon the approval of the local licensing board

and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open

for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal

state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license

shall be advertised by the local licensing board in a newspaper having a circulation in the county

where the establishment applying for the license is located.

     (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her

business and products sold on the premises, including neon signs, and is allowed to light those signs

during all lawful business hours, including Sundays and holidays.

     (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail

class B and/or class ED license may apply to the municipality in which the licensee is located for

a permit to conduct a so-called "Lock-In Event", under the following conditions:

     (i) A "Lock-In Event" is defined as an event where a specified group of individuals are

permitted to remain in a licensed premises after closing hours including, but not limited to, the

hours of 1:00 a.m. to 6:00 a.m.

     (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant

to a permit issued for each such event, subject to such conditions as may attach to the permit. The

fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars

($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the

municipal licensing authority and there shall be no appeal from the denial of such a permit.

     (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured

in place or removed from the public portion of the premises and secured to the satisfaction of the

municipality issuing the Lock-In Event permit.

     (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the

Lock-In Event participants and no other patrons shall be admitted to the premises who are not

participants. It shall be a condition of the permit that participants shall not be admitted more than

thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of

unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.

     (v) As part of the Lock-In Event, food shall be served.

     (vi) The municipal licensing authority may, in its sole discretion, require the presence of a

police detail, for some or all of the event, and the number of officers required, if any, shall be

determined by the municipality as part of the process of issuing the Lock-In Event permit. The

licensee shall be solely responsible for the cost of any such required police detail.

     (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two

thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400)

to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred

(2,500) inhabitants, as determined by the last census taken under the authority of the United States

or the state, the fee for each retailer's Class B license shall be determined by the town council, but

shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his

or her application, any retailer's Class B license may be issued limiting the sale of beverages on the

licensed premises to malt and vinous beverages containing not more than twenty percent (20%)

alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200)

to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in

each case be prorated to the year ending December 1 in every calendar year.

     (1) Upon the approval and designation of a district or districts within its city or town by

the local licensing board, the local licensing board may issue to any holder of a Class B license or

a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and

Saturdays, the night before a legal state holiday or such other days as determined by the local board,

for one hour past such license holder's legal closing time as established by the license holder's

license or licenses including, but not limited to, those issued pursuant to subsection (a)(4) of this

section. The extended hours permit shall not permit the sale of alcohol during the extended one-

hour period and shall prohibit the admittance of new patrons in the establishment during the

extended one-hour period. The designation of such district(s) shall be for a duration of not less than

six (6) months. Prior to designating any such district, the local licensing authority shall hold a

hearing on the proposed designation. The proposed designation shall include the boundaries of the

proposed district, the applicable days for the extended hours, and the duration of the designation

and the conditions imposed. The proposed designation shall be advertised at least once per week

for three (3) weeks prior to the hearing in a newspaper in general circulation in the city or town.

The city or town will establish an application process for an extended hours permit for such license

holder and may adopt rules and regulations to administer the permit.

     (c) The licensee shall offer to the public, in conjunction with the sale of alcoholic

beverages, the opportunity to purchase and consume food to be served on the premises in the same

area designated for the sale and consumption of alcoholic beverages. These foods shall be offered

for sale during all times that alcoholic beverages are sold and consumed on the licensed premises,

unless the local licensing board grants permission to the licensee to stop the sale of food after ten

o'clock (10:00) p.m., with such permission subject to revocation by the local licensing board at any

time for any cause.


 

 

 

 

 

5)

Section

Amended Chapter Numbers:

 

3-7-19

11 and 13, 16 and 17, 221 and 311, 273, 332, 406

 

 

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.

     (43) 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 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

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

Westerly 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 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

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

Woonsocket 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 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) 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 BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

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

Westerly 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 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

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 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

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

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

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

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) 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 BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

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

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 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

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

Barrington 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 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) 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 at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) 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 license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

 

PL16 and PL17

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

Westerly 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 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

 

PL221 and PL311

 (57) 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 BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

 

PL273

   (58) 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 tax assessor's Plat 19, Lot

617.

 

PL332

  (59) 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 at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

 

PL406

    (60) 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 or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.


 

 

 

6)

Section

Amended Chapter Numbers:

 

3-7-23

55 and 56

 

 

3-7-23. Closing hours for Class A licenses.

 

 

  The following closing hours shall be observed by all Class A license holders:

     (1) November 1 to May 31. No holder of a Class A license shall sell or deliver beverage

under that license between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. (local

time), except on legal holiday eves at which time the closing hour shall be eleven o'clock (11:00)

p.m. In the city of Providence, no holder of a Class A license shall sell or deliver beverages under

that license between the hours of ten o'clock (10:00) p.m. and nine o'clock (9:00) a.m. (local time),

except on legal holiday eves at which time the closing hour shall be eleven o'clock (11:00) p.m. In

the city of Central Falls, no holder of a Class A license shall sell or deliver beverages under that

license between the hours of ten o'clock (10:00) p.m. and nine o'clock (9:00) a.m. local time. In the

city of Pawtucket, no holder of a Class A license shall sell or deliver beverages under that license

between the hours of ten o'clock (10:00) p.m. and nine o'clock (9:00) a.m. (local time), except on

legal holiday eves at which time the closing hour shall be eleven o'clock (11:00) p.m. When a legal

holiday is celebrated on a Monday, the preceding Saturday shall be considered the holiday eve.

     (2) June 1 to October 31. No holder of a class A license shall sell or deliver beverages

under this license between the hours of eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m.

(local time). In the cities of Providence, and Central Falls, and Pawtucket, no holder of a Class A

license shall sell or deliver beverages under that license between the hours of eleven o'clock (11:00)

p.m. and nine o'clock (9:00) a.m. (local time).


 

 

 

7)

Section

Amended Chapter Numbers:

 

3-8-6

241 and 242

 

 

3-8-6. Unlawful drinking and misrepresentation by underage persons -- Identification

cards for persons twenty-one and older.

     (a) It is unlawful for:

     (1) A person who has not reached his or her twenty-first (21st) birthday to enter any

premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having

served or delivered to him or her alcoholic beverages; or

     (2) A person who has not reached his or her twenty-first (21st) birthday to consume any

alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase,

attempt to purchase, or have another purchase for him or her any alcoholic beverage; or

     (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or

to misrepresent his or her age through the presentation of any of the following documents:

     (i) An armed service identification card, valid passport, the identification card license, or

any other documentation used for identification purposes that may belong to any other person who

is twenty-one (21) years or older;

     (ii) A motor vehicle operator's license or a driver privilege card issued pursuant to § 31-

10.4-2 that bears the date of birth of the licensee and that is issued by this state or any other state;

     (iii) A Rhode Island identification card, as defined in subsection (b), for the purpose of

inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic

beverage to a minor.

     (b)(1) The administrator of the division of motor vehicles shall issue to any person who

has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon payment

of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or baptismal

certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid immigrant or

refugee document issued by the United States Citizenship and Immigration Services, including, but

not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a

form evidencing that the applicant is a current or past recipient of a grant of deferred action under

the Deferred Action for Childhood Arrivals program, together with a document bearing the

applicant's signature.

     (2) A person who has reached his or her fifty-ninth (59th) birthday is not required to pay

the fee.

     (3) Each registration card shall be subject to renewal every five (5) years upon payment of

a fee of twenty-five dollars ($25).

     (4) No person who holds an operator's license or a driver privilege card issued by this state

or any other state shall be issued a Rhode Island identification card.

     (5) The identification card shall be signed by the administrator of the division of motor

vehicles and by the applicant and his or her picture shall appear on the card along with the required

information and the card shall be encased in laminated plastic. The card shall be two inches (2") in

height and four inches (4") in length and shall be printed in the following form:

RHODE ISLAND IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.

………… ………… …… …… ……

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (6) The identification cards shall be produced at the adult correctional institutions if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards

shall be manufactured by the lowest responsible bidder following advertisement for the solicitation

of bids.

     (7) The identification cards shall be clearly distinguishable from those issued pursuant to

§ 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (8) Any person who has been designated as permanently and totally disabled by the social

security administration or who upon certification by an optometrist, ophthalmologist, or physician

that a holder of a valid and current motor vehicle operator's license is no longer able to operate a

motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon

request, a Rhode Island identification card for the unexpired term of the person's motor vehicle

operator's license at no additional cost. Thereafter, a renewal of such card shall be subject to the

standard renewal charge of twenty-five dollars ($25) until the person shall reach his or her fifty-

ninth (59th) birthday.

     (9) The administrator of the division of motor vehicles shall, upon presentation of a United

States Department of Defense (DD) FORM 214 or other acceptable documentation of military

service and verification of an honorable discharge, issue an identification card to the presenter that

is clearly marked "veteran," at no additional cost.

     (c)(1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or

photographic reproduction equipment that provides the same information as required by the book.

That licensee or the licensee's employee shall require any person who has shown a document as set

forth in this section substantiating his or her age to sign that book or to permit the taking of his or

her photograph and indicate what document was presented. Use of the photographic reproduction

equipment is voluntary for every Class A, B, C, and D licensee.

     (2) The sign-in-as-minor book and photographic reproduction equipment shall be

prescribed, published, and approved at the direction and control of the division. The book shall

contain at least four hundred (400) pages; shall be uniform throughout the state; and shall be

distributed at a cost not to exceed seven dollars ($7.00).

     (3) If a person whose age is in question signs the sign-in-as-minor book or has a photograph

taken before he or she is sold any alcoholic beverage and it is later determined that the person had

not reached his or her twenty-first (21st) birthday at the time of sale, it is considered prima facie

evidence that the licensee and/or the licensee's agent or servant acted in good faith in selling any

alcoholic beverage to the person producing the document as set forth in this section misrepresenting

his or her age.

     (4) Proof of good-faith reliance on any misrepresentation is a defense to the prosecution of

the licensee and/or the licensee's agent or servant for an alleged violation of this section.

     (d)(1) Any person who violates this section shall be punished for the first offense by a

mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars

($500) and shall be further punished by thirty (30) hours of community service and shall be further

punished by a suspension of his or her motor vehicle operator's license or driving privileges for a

period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred

dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by

forty (40) hours of community service and will be further punished by a suspension of his or her

motor vehicle operator's license or driving privileges for a period of three (3) months; and for the

third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred

fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by

fifty (50) hours of community service and will be further punished by a suspension of his or her

motor vehicle operator's license or driving privileges for a period of one year.

     (2) Any suspension of an operator's license or driving privilege pursuant to this section

shall not operate to affect the insurance rating of the offender and any operator's license or driving

privilege suspended pursuant to this section shall be reinstated without further expense upon

application.

     (e) Within thirty (30) days after this incident the police chief of the city or town where the

incident took place is directed to inform, in writing, the department of business regulation whether

or not charges in accordance with this section have been preferred against a person who has not

reached his or her twenty-first (21st) birthday and has violated this section. If no charge is brought

against any person who has not reached his or her twenty-first (21st) birthday and has violated the

provisions of this section, then the police chief of the city or town where the incident took place

will state the reason for his or her failure to charge the person who has not reached his or her twenty-

first (21st) birthday.

     (f) The Rhode Island identification card may be withdrawn at any time for just cause, at

the discretion of the administrator of the division of motor vehicles. The administrator of the

division of motor vehicles shall keep a record of the cards issued and each card shall contain an

identification number specifically assigned to the person to whom the card was issued.

     (g) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)

program shall not confer the right to vote in the state of Rhode Island.


 

 

 

 

8)

Section

Amended Chapter Numbers:

 

3-8-6.1

241 and 242

 

 

3-8-6.1. Identification cards for persons under the age of 21.

     (a)(1) The administrator of the division of motor vehicles shall issue to any person upon

request, who is under twenty-one (21) years of age, an identification card upon payment of a fee of

twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate, or

U.S. or foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee

document issued by the United States Citizenship and Immigration Services including, but not

limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a form

evidencing that the applicant is a current or past recipient of a grant of deferred action under the

Deferred Action for Childhood Arrivals program, together with a document bearing the applicant's

signature. No person who holds an operator's license or a driving driver privilege card, issued by

this state or any other state, shall be issued an identification card.

     (2) The identification card shall be subject to renewal every five (5) years upon the payment

of a fee of twenty-five dollars ($25.00).

     (3) The identification card shall be signed by the administrator of the division of motor

vehicles and also by the applicant, and his or her picture shall appear on the card along with the

required information and the card shall be encased in laminated plastic. The card shall be two inches

(2") in height and four inches (4") in length and shall be printed in the following form:

IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.

………… ………… …… …… ……

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (4) The identification cards shall be produced at the adult correctional institution if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards

shall be manufactured by the lowest responsible bidder following advertisement for the solicitation

of bids.

     (5) The identification cards shall be clearly distinguishable from those issued pursuant to

§ 3-8-6 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (b) The identification card may be withdrawn at any time for just cause, at the discretion

of the administrator of the division of motor vehicles. The administrator of the division of motor

vehicles shall keep a record of the cards issued and each card shall contain an identification number

specifically assigned to the person to whom the card was issued.

     (c) The administrator of the division of motor vehicles shall, upon presentation of a United

States Department of Defense (DD) FORM 214 or other acceptable documentation of military

service and verification of an honorable discharge, issue an identification card to the presenter that

is clearly marked "veteran," at no additional cost.

     (d) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)

program shall not confer the right to vote in the state of Rhode Island.


 

 

 

9)

Section

Amended Chapter Numbers:

 

4-1-22

431 and 432

 

 

4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights --

Expenses.

     (a) An officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals

may lawfully take charge of and shall provide adequate care to any animal found abandoned or

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

agent, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing,

or cruelly treated, and shall give notice to the owner or guardian, if known, or his or her agents, and

may provide suitable care.

     (b) Every owner or guardian or agent, upon conviction, plea of guilty, or plea of nolo

contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise

cruel treatment of any animal taken charge of by the Rhode Island Society for the Prevention of

Cruelty to Animals under this section, forfeits the rights to ownership or control of that animal to

the Society for disposition in any manner deemed suitable for that animal.

     (c) Whenever any officer or agent of the Rhode Island Society for the Prevention of Cruelty

to Animals lawfully takes charge of any animal under this section, all reasonable expenses for the

care and treatment of the animal(s), while in the custody of the Society during this time, shall be

paid for by the owner, or guardian, or his or her agent upon conviction, plea of guilty, or plea of

nolo contendere. The Society has the authority to commence a civil action for damages against the

owner or his or her agent guardian thirty (30) days after a written demand for payment of the

expense of the suitable care of that animal has been sent and no payment has been received. The

written demand shall state that the failure to pay or make arrangements to pay for the care of that

animal may result in forfeiture of ownership of the animal. The cost of such the care and treatment

that is billed to the owner or guardian shall be reasonable and related to equivalent services provided

by veterinary care and animal sheltering, feeding, and boarding services in this state.

     (d) The owner or guardian of any animal that is in the charge of the Rhode Island Society

for the Prevention of Cruelty to Animals pursuant to the authority granted in this section may,

within sixty (60) days following the date that the society gives notice of the taking of possession of

the animal, petition the district court for an order to return custody of the animal to the owner or

guardian.

     (e) Upon the filing of such the petition, the court shall cause a summons to be issued

requiring an authorized representative of the Society for the Prevention of Cruelty to Animals 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.

     (f) At the hearing on the petition, the court shall consider:

     (1) The animal’s condition;

     (2) The care required to maintain the animal safely and in an appropriate environment; and

     (3) The ability of the petitioner to provide or arrange for the adequate care of the animal,

including during the time any criminal charges related to or arising from the seizure are pending.

     (g) If, after hearing, the court finds that the owner or guardian of the animal has the ability

to properly care for or arrange for the adequate care of the animal during the pendency of the

criminal charges, the court may allow the owner or guardian of the animal to have or arrange for

the adequate care, custody, and control of the animal pending the final determination of the related

criminal charges subject to such restrictions and conditions as the court determines to be reasonable

or necessary.

     (h) All issues will be decided upon a preponderance of the evidence.

     (i) In the event that the court orders an animal returned to the owner or guardian following

the hearing, the owner or guardian will not be required to pay for the cost of care incurred prior to

the date of the hearing unless and until such time as there has been a conviction, plea of guilty, or

plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1,

or otherwise cruel treatment in the related criminal proceeding.

     (j) In the event that the owner or guardian fails to petition for custody of the animal within

sixty (60) days of notice of the taking or fails to pay within sixty (60) days of the written demand

for payment, the Rhode Island Society for Prevention of Cruelty to Animals may petition the court

for transfer of ownership of the animal to the Rhode Island Society for Prevention of Cruelty to

Animals. If the owner or guardian fails to respond to the petition for transfer of ownership the court

shall transfer ownership to the society.


 

 

 

10)

Section

Amended Chapter Numbers:

 

4-4-1

25 and 26

 

 

4-4-1. Appointment of inspectors to inspect diseased animals -- Quarantine --

Veterinarians.

     (a) The director of environmental management may appoint one or more inspectors in the

state, whose duty it is to visit and inquire into the condition of any domestic animal in the state

whenever there is reason to suspect that any domestic animal, the carcass of any domestic animal

or tissues or products, is affected with tuberculosis, or other a contagious, infectious, zoonotic, or

communicable disease; and the inspectors are authorized to quarantine any diseased domestic

animal, the carcass of any diseased domestic animal, or restrict the movement of any tissues or

products produced by any domestic animal suspected of being affected with a contagious,

infectious, zoonotic, or communicable disease until such quarantine or movement restriction is

released by a veterinarian employed by the director. The director may also employ, from time to

time, any number of veterinary surgeons that he or she may find necessary to carry out the purposes

of this chapter.

     (b) The director of the department of environmental management may establish quarantine

or control zones consistent with state and United States Department of Agriculture emergency plans

to restrict the movement of animals, animal carcasses, animal tissues, and animal products

suspected of being affected with a contagious, infectious, zoonotic, or communicable disease. Any

control or quarantine zone established under this authority will remain in effect until the chief of

agriculture and/or the state veterinarian determine that the zone is no longer necessary to mitigate

the threat of disease.

     (c) The director of the department of environmental management may order examination

or testing of any quarantined animal or animal in a quarantine or control zone for disease

surveillance purposes or as a term of the order of quarantine. The director may authorize qualified

department personnel to carry out any examination or testing or may order the testing to be

performed by a licensed veterinarian qualified to perform the testing.

     SECTION 2. This act shall take effect upon passage.


 

 

 

11)

Section

Added Chapter Numbers:

 

4-19-23

288 and 289

 

 

4-19-23. Pets for veterans.

     (a) A public animal shelter shall not charge an adoption fee for a dog or cat if the person

adopting the dog or cat presents to the public animal shelter a current and valid driver’s license or

identification card with the word "veteran" printed on its face pursuant to § 31-10-48.

     (b) A public animal shelter may limit the number of dogs or cats adopted from that public

animal shelter pursuant to subsection (a) of this section to one dog or cat during a period of every

six (6) months.


 

 

 

12)

Section

Added Chapter Numbers:

 

4-19-24

295 and 296

 

 

4-19-24. Humane transportation of K-9 partners.

     (a) For this the purposes of this section, "police dog" means: a dog owned by a police

department or police agency of the State state of Rhode Island or any political subdivision thereof,

that is used by the department or agency for official duties.

     (b) EMS personnel may provide emergency treatment to a police dog injured in the line of

duty and transport such the police dog by ambulance to a veterinary care facility equipped to

provide emergency treatment to dogs; provided, however, that EMS personnel shall not transport

an injured police dog if providing such transport would inhibit their ability to provide emergency

medical attention or transport to a person requiring such services.

     (c) The department of health, in consultation with the Rhode Island veterinary medical

association, the Rhode Island association of fire chiefs, the Rhode Island state association of

firefighters, at least two (2) practicing, licensed emergency medical technicians, the international

brotherhood of police officers' K-9 officer, the fraternal order of police's K-9 officer, and the

department of state police's K-9 unit, shall develop policies and procedures that include, but are not

limited to:

     (1) Appropriate training of EMS personnel to provide police dogs basic level first aid,

cardiopulmonary resuscitation, and life-saving interventions, including, but not limited to,

administering naloxone; provided, however, that nothing in this section shall authorize the

provision of advanced life support care to a police dog;

     (2) Safe handling procedures for injured police dogs, including, but not limited to, the use

of a box muzzle and response coordination with a law enforcement official trained in handling

police dogs;

     (3) Identification of veterinary facilities that provide emergency treatment for injured

police dogs;

     (4) Decontamination of stretchers, the patient compartment, and any contaminated medical

equipment after a police dog has been transported by ambulance or EMS vehicle; and

     (5) Sterilization of the interior of an ambulance or EMS vehicle before being returned to

human service, including, but not limited to, sanitizing all allergens and disinfection to a standard

safe for human transport.

     (d) The department of health may grant a waiver from this section if the department

determines that compliance poses a safety risk to the public. The department shall develop

regulations regarding applications and issuance of such a waiver.


 

 

 

 

13)

Section

Amended Chapter Numbers:

 

5-6-2.1

376 and 377

 

 

5-6-2.1. Inspection and right of entry.

     (a) The division of professional regulation by and through its electrical investigators or

designees has the right and authority to enter, during times at which electrical work is actually being

performed on any commercial building, structure, or premises where electrical work is being done,

except any building, structure, or premises exempt by law, for the purpose of ascertaining

compliance with this chapter.

     (b) If any owner, occupant, or other person refuses, impedes, inhibits, interferes with,

restricts, or otherwise obstructs entry and free access to any part of the building, structure, or

premises by an authorized investigating official of the division of professional regulation,

department of labor and training/board of examiners, the chief administrator of the division may:

     (1) Revoke or suspend any license, permit, or other permission regulated by local and state

codes, and applicable to this chapter; notwithstanding any other provisions of this chapter; and

     (2) Seek any other remedy as provided by this chapter.


 

 

 

 

14)

Section

Amended Chapter Numbers:

 

5-14-4

235 and 236

 

 

5-14-4. Innkeeper's right to eject.

     (a) An innkeeper may remove or cause to be removed from a hotel a guest or other person

who:

     (1) Refuses or is unable to pay for accommodations or services;

     (2) While on the premises of the hotel, acts in an obviously intoxicated manner, destroys

or threatens to destroy hotel property, verbally or physically threatens employees or guests, or

causes or threatens to cause a public disturbance;

     (3) The innkeeper has direct knowledge a person is using the premises for the unlawful

possession or use of controlled substances by the person in violation of chapter 28 of title 21, or

using the premises for the consumption of alcohol by a person under the age of twenty-one (21)

years of age in violation of chapter 8 of title 3;

     (4) The innkeeper has direct knowledge a person has brought property into the hotel that

may be dangerous to other persons, such as firearms or explosives;

     (5) A person violates any federal, state, or local laws, ordinances, or rules relating to the

hotel; or

     (6) Violates a rule of the hotel that is clearly and conspicuously posted at or near the front

desk and on the inside of the entrance door of every guest room. and posted online where the guest

can view it before making a reservation at the hotel; or

     (7) Uses verbally abusive language towards the hotel's employees or guests. For the

purposes of this chapter, verbally abusive language shall mean any language which that would

reasonably be found to be offensive, threatening, or demeaning.

     (b) If the guest has paid in advance, the innkeeper shall tender to the guest any unused

portion of the advance payment at the time of removal.

     (c) Nothing in this section shall be used as a pretext to discriminate against a guest on the

basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age,

or country of ancestral origin.


 

 

 

 

15)

Section

Amended Chapter Numbers:

 

5-14-5

235 and 236

 

 

5-14-5. Refusal of admission.

     An innkeeper may refuse to admit or refuse service or accommodations to a person who:

     (1) While on the premises of the hotel, acts in an obviously intoxicated manner, destroys

or threatens to destroy hotel property, or causes or threatens to cause a public disturbance.

     (2) The innkeeper has direct knowledge a person is seeking accommodations for the

unlawful possession or use of controlled substances in violation of chapter 28 of title 21 or the use

of the premises for the consumption of intoxicating liquor by a person.

     (3) A person under the age of eighteen (18) years who is not accompanied by an adult if

they are not in proper condition or are unable to pay for their charges.


 

 

 

 

16)

Section

Amended Chapter Numbers:

 

5-33.2-25

129 and 130

 

 

5-33.2-25. Mandatory continuing education training.

     Every funeral director/embalmer shall be required to participate in a total of five (5) hours

annually of continuing education training of which three (3) hours are one hour is mandated by

annual OSHA training; provided, however, those funeral directors or embalmers who are sixty-five

(65) years of age or older and have forty (40) years of experience are exempt from this requirement.

The five (5) hours of annual training shall be required for renewals issued as of January 1, 2008.


 

 

 

17)

Section

Added Chapter Numbers:

 

5-34-31.1

7 and 8

 

 

5-34-31.1. Practices and persons exempt - COVID-19.

     (a) Notwithstanding the provisions of § 5-34-31, or any general law, rule, or regulation to

the contrary, upon the effective date of this section, due to the public health crisis caused by

COVID-19, the exemption in § 5-34-31(2) relating to the practice of nursing "pending the results

of the licensing examinations following that graduation" is hereby suspended for registered nurse

graduates; provided that, the registered nurse graduates shall:

     (1) Apply and receive a temporary graduate nursing license that is valid for a period not

exceeding ninety (90) days;

     (2) Work under the supervision of licensed registered nurses; and

     (3) Comply with other applicable requirements.

     (b) The Rhode Island department of health shall promulgate and enforce any rules and

regulations necessary to implement this section.

     (c) Unless extended by the general assembly, this section shall sunset on June 30, 2022.


 

 

 

18)

Section

Amended Chapter Numbers:

 

5-37-8

420 and 424

 

 

5-37-8. Grounds for discipline without hearing.

     The director may temporarily suspend the license of a physician or limited registrant

without a hearing if the director finds that evidence in his or her possession indicates that a

physician's or limited registrant's continuation in practice would constitute an immediate danger to

the public. In the event that the director temporarily suspends the license of a physician or limited

registrant without a hearing, a hearing by the board must be held within ten (10) days after the day

the suspension has occurred. In the event the tenth day occurs on a Saturday, Sunday, or legal state

holiday, the hearing by the board shall be held on the first business day following the Saturday,

Sunday, or legal state holiday.


 

 

 

19)

Section

Added Chapter Numbers:

 

5-39.1-4

165 and 166

 

 

5-39.1-4. Social worker privilege.

     (a) No licensee under this chapter or an employee of a licensee may disclose any

information acquired from clients or persons consulting with the licensee to render professional

services except:

     (1) With the written consent of the person(s) or, in the case of death or disability, of the

individual's personal representative, or person authorized to sue, or the beneficiary of an insurance

policy on an individual's life, health, or physical conditions;

     (2) When there is a clear and present danger to the safety of the patient or client or to other

individuals;

     (3) When a person is a minor under the laws of this state and the information acquired by

the licensee involves abuse of the minor, the licensee is required to report this pursuant to § 40-11-

3 and may be required to testify fully in an examination, trial, or other proceeding in which the

commission of this crime is the subject of inquiry;

     (4) When the person licensed or certified under this chapter is a party defendant to a civil,

criminal, or disciplinary action arising from a complaint filed by the patient or client, in which case

the waiver shall be limited to that action;

     (5) When the licensee is called upon to testify in court or administrative hearings

concerning the potential for abuse or neglect in foster and adoptive placements; or

     (6) When the licensee is collaborating or consulting with an administrative superior on

behalf of the client.

     (b) The provisions of this chapter do not apply to the following individuals:

     (1) Qualified members of other professions or occupations engaging in practices similar in

nature to clinical social work; provided, that they are authorized by the laws of this state to engage

in similar practices, do not represent themselves as a "licensed clinical social worker" or "licensed

independent clinical social worker,", and do not characterize their practices as clinical social work;

     (2) Students engaged in doctorate- or master's-level study in a school of social work

accredited by the council on social work education; provided, that the students are practicing as

part of a supervised course of study and designated by such titles as "social-work intern,", "social-

work trainee,", "social-work student,", or others clearly indicating training status; or

     (3) State employees.; or

     (4) Individuals who have attained a masters of social work from an accredited college or

university within the last eighteen (18) months as long as that individual meets all of the following

conditions:

     (i) The individual is authorized to take the examination required pursuant to regulations

promulgated by the department, and has not previously failed that examination more than once;

     (ii) The individual performs all such social work services under the direct personal

supervision of a person who holds a valid Rhode Island license as a licensed independent clinical

social worker pursuant to § 5-39.1-8;

     (iii) The individual is designated or identified as “social-work intern”, “social-work

trainee”, or other clearly indicating training status; and

     (iv) The individual does not hold themselves out to the public as any title or description

which that states or implies that the individual is licensed to practice social work in Rhode Island.


 

 

 

20)

Section

Amended Chapter Numbers:

 

5-39.1-8

395 and 398

 

 

5-39.1-8. Licenses.

     (a) The department shall issue the appropriate license to applicants who meet the

qualifications of this section.

     (b) Prerequisites: "Licensed clinical social worker." A license as a "licensed clinical social

worker" shall be issued to an applicant who meets the following qualifications:

     (1) Has a doctorate in clinical social work from a duly accredited college or university or

master's degree from a school of social work accredited by the council on social work education;

and

     (2) Has After August 15, 2025, has satisfactorily completed an examination for this license;

or

     (3) Has a comparable license, certification, or registration from the state, or another state

or territory of the United States that imposes qualifications substantially similar to those of this

chapter, as determined by the board.

     (c) Prerequisites: "Licensed independent clinical social worker." A license for a "licensed

independent clinical social worker" shall be issued to an applicant who meets the following

qualifications:

     (1) Is licensed under this chapter as a "licensed clinical social worker"; and

     (2) Has twenty-four (24) months of experience acceptable to the board, under appropriate

supervision; and

     (3) Has fulfilled the continuing education requirements for this license; and

     (4) Has satisfactorily completed an examination for this license; or

     (5) Has a comparable license, certification, or registration from the state, or another state

or territory of the United States that imposes qualifications substantially similar to those of this

chapter.

     (d) In addition to these qualifications, an applicant for any of these titles must prove to the

board's satisfaction:

     (1) An age of at least twenty-one (21) years;

     (2) That he or she merits the public trust;

     (3) A United States citizenship or proof of other legal resident status;

     (4) An absence of conviction of a felony, which is subject to waiver by the board upon

presentation of satisfactory evidence that this conviction does not impair the ability of the person

to conduct with safety to the public the practice authorized by this license. The applicant shall bear

the burden of proving that his or her conviction does not impair his or her ability to conduct with

safety to the public the practice authorized by this license;

     (5) An absence of NASW sanction for violation of code of ethics, or other state-board

sanction which is subject to waiver by the board upon presentation of satisfactory evidence that this

sanction does not impair the ability of the person to conduct with safety to the public the practice

authorized by this license. The applicant bears the burden of proving that his or her sanction does

not impair his or her ability to conduct with safety to the public the practice authorized by this

license;

     (6) That the applicant has not been declared mentally incompetent by any court, and if any

decree has ever been rendered, that there has been a subsequent court determination that the

applicant is competent; and

     (7) Freedom from use of any controlled substance or any alcoholic beverages to the extent

that the use impairs the ability of the person to conduct with safety to the public the practice

authorized by this license. The applicant bears the burden of proving that he or she is free from use

of any controlled substance or any alcoholic beverages that impair his or her ability to conduct with

safety to the public the practice authorized by this license.

     (e) No applicant for a license as a "licensed clinical social worker" shall be required to take

or pass a standardized written examination in order to qualify for the license prior to August 15,

2025. This subsection shall sunset and expire on August 15, 2025.

     (f) For the purpose of increasing access for more individuals to attain licensure as a

"licensed clinical social worker" or "licensed independent clinical social worker" to meet the

language and cultural needs of Rhode Island's diverse communities, the board of social work

examiners shall consider and may promulgate any rules and regulations necessary:

     (1) To make accommodations for individuals whose first language is not English;

     (2) To offer licensing exams in languages other than English; and

     (3) To develop alternative qualifications for licensure that may not include either or both

of the examinations pursuant to subsections (b) and (c) of this section.


 

 

 

 

21)

Section

Added Chapter Numbers:

 

5-40-24

79 and 80

 

 

5-39.1-4. Social worker privilege.

     A physical therapist licensed under this chapter may perform physical therapy services

without a prescription or referral, when providing physical therapy services in a school setting to a

student in accordance with the provisions of the student's individualized education plan (IEP) or

individualized family service plan (IFSP).


 

 

 

 

22)

Section

Added Chapter Numbers:

 

5-44.1

109 and 110

 

 

CHAPTER 44.1

THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT


 

 

 

23)

Section

Added Chapter Numbers:

 

5-44.1-1

109 and 110

 

 

5-44.1-1. Short title.

     This chapter shall be known and may be cited as the "The Psychology Interjurisdictional

Compact" (the "compact")(“the compact”).


 

 

 

 

24)

Section

Added Chapter Numbers:

 

5-44.1-2

109 and 110

 

 

5-44.1-2. Execution of the compact.

     The governor on behalf of the State of Rhode Island is authorized to execute a compact, in

substantially the following form, with any state, territory or possession of the United States, the

District of Columbia, and the Commonwealth of Puerto Rico, and the general assembly signifies

in advance its approval and ratification of this compact: "The Psychology Interjurisdictional

Compact". The contracting states solemnly agree:

PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)

ARTICLE I

PURPOSE

     Whereas, states license psychologists, in order to protect the public through verification of

education, training and experience and ensure accountability for professional practice; and

     Whereas, this Compact is intended to regulate the day to day practice of telepsychology

(i.e. the provision of psychological services using telecommunication technologies) by

psychologists across state boundaries in the performance of their psychological practice as assigned

by an appropriate authority; and

     Whereas, this Compact is intended to regulate the temporary in-person, face-to-face

practice of psychology by psychologists across state boundaries for thirty (30) days within a

calendar year in the performance of their psychological practice as assigned by an appropriate

authority; and

     Whereas, this Compact is intended to authorize State Psychology Regulatory Authorities

to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists

licensed in another state; and

     Whereas, this Compact recognizes that states have a vested interest in protecting the

public's health and safety through their licensing and regulation of psychologists and that such state

regulation will best protect public health and safety; and

     Whereas, this Compact does not apply when a psychologist is licensed in both the Home

and Receiving States; and

     Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it

does allow for authorization of temporary psychological practice.

     Consistent with these principles, this Compact is designed to achieve the following

purposes and objectives:

     (1) Increase public access to professional psychological services by allowing for

telepsychological practice across state lines as well as temporary in-person, face-to-face services

into a state which the psychologist is not licensed to practice psychology;

     (2) Enhance the states' ability to protect the public's health and safety, especially

client/patient safety;

     (3) Encourage the cooperation of Compact States in the areas of psychology licensure and

regulation;

     (4) Facilitate the exchange of information between Compact States regarding psychologist

licensure, adverse actions and disciplinary history;

     (5) Promote compliance with the laws governing psychological practice in each Compact

State; and

     (6) Invest all Compact States with the authority to hold licensed psychologists accountable

through the mutual recognition of Compact State licenses.

ARTICLE II

DEFINITIONS

     (A) "Adverse Action" means any action taken by a State Psychology Regulatory Authority

which finds a violation of a statute or regulation that is identified by the State Psychology

Regulatory Authority as discipline and is a matter of public record.

     (B) "Association of State and Provincial Psychology Boards (ASPPB)" means the

recognized membership organization composed of State and Provincial Psychology Regulatory

Authorities responsible for the licensure and registration of psychologists throughout the United

States and Canada.

     (C) "Authority to Practice Interjurisdictional Telepsychology" means a licensed

psychologist's authority to practice telepsychology, within the limits authorized under this

Compact, in another Compact State.

     (D) "Bylaws" means those Bylaws established by the Psychology Interjurisdictional

Compact Commission pursuant to Article X for its governance, or for directing and controlling its

actions and conduct.

     (E) "Client/Patient" means the recipient of psychological services, whether psychological

services are delivered in the context of healthcare, corporate, supervision, and/or consulting

services.

     (F) "Commissioner" means the voting representative appointed by each State Psychology

Regulatory Authority pursuant to Article X.

     (G) "Compact State" means a state, the District of Columbia, or United States territory that

has enacted this Compact legislation and which has not withdrawn pursuant to Article XIII, Section

C or been terminated pursuant to Article XII, Section B.

     (H) "Coordinated Licensure Information System" also referred to as "Coordinated

Database" means an integrated process for collecting, storing, and sharing information on

psychologists' licensure and enforcement activities related to psychology licensure laws,

Psychology Interjurisdictional Compact (PSYPACT) which is administered by the recognized

membership organization composed of State and Provincial Psychology Regulatory Authorities.

     (I) "Confidentiality" means the principle that data or information is not made available or

disclosed to unauthorized persons and/or processes.

     (J) "Day" means any part of a day in which psychological work is performed.

     (K) "Distant State" means the Compact State where a psychologist is physically present

(not through the use of telecommunications technologies), to provide temporary in-person, face-to-

face psychological services.

     (L) "e-Passport" means a certificate issued by the Association of State and Provincial

Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional

telepsychology practice and facilitates the process for licensed psychologists to provide

telepsychological services across state lines.

     (M) "Executive Board" means a group of directors elected or appointed to act on behalf of,

and within the powers granted to them by, the Commission.

     (N) "Home State" means a Compact State where a psychologist is licensed to practice

psychology. If the psychologist is licensed in more than one Compact State and is practicing under

the Authorization to Practice Interjurisdictional Telepsychology, the Home State is the Compact

State where the psychologist is physically present when the telepsychological services are

delivered. If the psychologist is licensed in more than one Compact State and is practicing under

the Temporary Authorization to Practice, the Home State is any Compact State where the

psychologist is licensed.

     (O) "Identity History Summary" means a summary of information retained by the FBI, or

other designee with similar authority, in connection with arrests and, in some instances, federal

employment, naturalization, or military service.

     (P) "In-Person, Face-to-Face" means interactions in which the psychologist and the

client/patient are in the same physical space and which does not include interactions that may occur

through the use of telecommunication technologies.

     (Q) "Interjurisdictional Practice Certificate" (IPC) means a certificate issued by the

Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority

to practice based on notification to the State Psychology Regulatory Authority of intention to

practice temporarily, and verification of one's qualifications for such practice.

     (R) "License" means authorization by a State Psychology Regulatory Authority to engage

in the independent practice of psychology, which would be unlawful without the authorization.

     (S) "Non-Compact State" means any State which is not at the time a Compact State.

     (T) "Psychologist" means an individual licensed for the independent practice of

psychology.

     (U) "Psychology Interjurisdictional Compact Commission" also referred to as

"Commission" means the national administration of which all Compact States are members.

     (V) "Receiving State" means a Compact State where the client/patient is physically located

when the telepsychological services are delivered.

     (W) "Rule" means a written statement by the Psychology Interjurisdictional Compact

Commission promulgated pursuant to Article XI of the Compact that is of general applicability,

implements, interprets, or prescribes a policy or provision of the Compact, or an organizational,

procedural, or practice requirement of the Commission and has the force and effect of statutory law

in a Compact State, and includes the amendment, repeal or suspension of an existing rule.

     (X) "Significant Investigatory Information" means:

     (1) Investigative information that a State Psychology Regulatory Authority, after a

preliminary inquiry that includes notification and an opportunity to respond if required by state

law, has reason to believe, if proven true, would indicate more than a violation of state statute or

ethics code that would be considered more substantial than minor infraction; or

     (2) Investigative information that indicates that the psychologist represents an immediate

threat to public health and safety regardless of whether the psychologist has been notified and/or

had an opportunity to respond.

     (Y) "State" means a state, commonwealth, territory, or possession of the United States, or

the District of Columbia.

     (Z) "State Psychology Regulatory Authority" means the Board, office or other agency with

the legislative mandate to license and regulate the practice of psychology.

     (AA) "Telepsychology" means the provision of psychological services using

telecommunication technologies.

     (BB) "Temporary Authorization to Practice" means a licensed psychologist's authority to

conduct temporary in-person, face-to-face practice, within the limits authorized under this

Compact, in another Compact State.

     (CC) "Temporary In-Person, Face-to-Face Practice" means where a psychologist is

physically present (not through the use of telecommunications technologies), in the Distant State

to provide for the practice of psychology for thirty (30) days within a calendar year and based on

notification to the Distant State.

ARTICLE III

HOME STATE LICENSURE

     (A) The Home State shall be a Compact State where a psychologist is licensed to practice

psychology.

     (B) A psychologist may hold one or more Compact State licenses at a time. If the

psychologist is licensed in more than one Compact State, the Home State is the Compact State

where the psychologist is physically present when the services are delivered as authorized by the

Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.

     (C) Any Compact State may require a psychologist not previously licensed in a Compact

State to obtain and retain a license to be authorized to practice in the Compact State under

circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under

the terms of this Compact.

     (D) Any Compact State may require a psychologist to obtain and retain a license to be

authorized to practice in a Compact State under circumstances not authorized by Temporary

Authorization to Practice under the terms of this Compact.

     (E) A Home State's license authorizes a psychologist to practice in a Receiving State under

the Authority to Practice Interjurisdictional Telepsychology only if the Compact State:

     (1) Currently requires the psychologist to hold an active e-Passport;

     (2) Has a mechanism in place for receiving and investigating complaints about licensed

individuals;

     (3) Notifies the Commission, in compliance with the terms herein, of any adverse action

or significant investigatory information regarding a licensed individual;

     (4) Requires an Identity History Summary of all applicants at initial licensure, including

the use of the results of fingerprints or other biometric data checks compliant with the requirements

of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than

ten (10) years after activation of the Compact; and

     (5) Complies with the Bylaws and Rules of the Commission.

     (F) A Home State's license grants Temporary Authorization to Practice to a psychologist

in a Distant State only if the Compact State:

     (1) Currently requires the psychologist to hold an active IPC;

     (2) Has a mechanism in place for receiving and investigating complaints about licensed

individuals;

     (3) Notifies the Commission, in compliance with the terms herein, of any adverse action

or significant investigatory information regarding a licensed individual;

     (4) Requires an Identity History Summary of all applicants at initial licensure, including

the use of the results of fingerprints or other biometric data checks compliant with the requirements

of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than

ten (10) years after activation of the Compact; and

     (5) Complies with the Bylaws and Rules of the Commission.

ARTICLE IV

COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

     (A) Compact States shall recognize the right of a psychologist, licensed in a Compact State

in conformance with Article III, to practice telepsychology in other Compact States (Receiving

States) in which the psychologist is not licensed, under the Authority to Practice Interjurisdictional

Telepsychology as provided in the Compact.

     (B) To exercise the Authority to Practice Interjurisdictional Telepsychology under the

terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must:

     (1) Hold a graduate degree in psychology from an institute of higher education that was, at

the time the degree was awarded:

     (a) Regionally accredited by an accrediting body recognized by the U.S. Department of

Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant

doctoral degrees; or

     (b) A foreign college or university deemed to be equivalent to subsection 1(a) above by a

foreign credential evaluation service that is a member of the National Association of Credential

Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

     (2) Hold a graduate degree in psychology that meets the following criteria:

     (a) The program, wherever it may be administratively housed, must be clearly identified

and labeled as a psychology program. Such a program must specify in pertinent institutional

catalogues and brochures its intent to educate and train professional psychologists;

     (b) The psychology program must stand as a recognizable, coherent, organizational entity

within the institution;

     (c) There must be a clear authority and primary responsibility for the core and specialty

areas whether or not the program cuts across administrative lines;

     (d) The program must consist of an integrated, organized sequence of study;

     (e) There must be an identifiable psychology faculty sufficient in size and breadth to carry

out its responsibilities;

     (f) The designated director of the program must be a psychologist and a member of the

core faculty;

     (g) The program must have an identifiable body of students who are matriculated in that

program for a degree;

     (h) The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

     (i) The curriculum shall encompass a minimum of three (3) academic years of full-time

graduate study for doctoral degree and a minimum of one academic year of full-time graduate study

for master's degree; and

     (j) The program includes an acceptable residency as defined by the Rules of the

Commission.

     (3) Possess a current, full and unrestricted license to practice psychology in a Home State

which is a Compact State;

     (4) Have no history of adverse action that violate the Rules of the Commission;

     (5) Have no criminal record history reported on an Identity History Summary that violates

the Rules of the Commission;

     (6) Possess a current, active e-Passport;

     (7) Provide attestations in regard to areas of intended practice, conformity with standards

of practice, competence in telepsychology technology; criminal background; and knowledge and

adherence to legal requirements in the home and receiving states, and provide a release of

information to allow for primary source verification in a manner specified by the Commission; and

     (8) Meet other criteria as defined by the Rules of the Commission.

     (C) A psychologist practicing into a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology shall practice within areas of competencies and the scope of

practice authorized by the Home State.

     (D) A psychologist practicing into a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology will be subject to the Home State's authority and laws. A

Receiving State may, in accordance with that state's due process law, limit or revoke a

psychologist's Authority to Practice Interjurisdictional Telepsychology in the Receiving State and

may take any other necessary actions under the Receiving State's applicable law to protect the

health and safety of the Receiving State's citizens. If a Receiving State takes action, the state shall

promptly notify the Home State and the Commission.

     (E) If a psychologist's license in any Home State, another Compact State, or any Authority

to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted, suspended or

otherwise limited, the e-Passport shall be revoked and therefore the psychologist shall not be

eligible to practice telepsychology in a Compact State under the Authority to Practice

Interjurisdictional Telepsychology.

ARTICLE V

COMPACT TEMPORARY AUTHORIZATION TO PRACTICE

     (A) Compact States shall also recognize the right of a psychologist, licensed in a Compact

State in conformance with Article III, to practice temporarily in other Compact States (Distant

States) in which the psychologist is not licensed, as provided in the Compact.

     (B) To exercise the Temporary Authorization to Practice under the terms and provisions of

this Compact, a psychologist licensed to practice in a Compact State must:

     (1) Hold a graduate degree in psychology from an institute of higher education that was, at

the time the degree was awarded:

     (a) Regionally accredited by an accrediting body recognized by the U.S. Department of

Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant

doctoral degrees; or

     (b) A foreign college or university deemed to be equivalent to subsection 1(a) above by a

foreign credential evaluation service that is a member of the National Association of Credential

Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

     (2) Hold a graduate degree in psychology that meets the following criteria:

     (a) The program, wherever it may be administratively housed, must be clearly identified

and labeled as a psychology program. Such a program must specify in pertinent institutional

catalogues and brochures its intent to educate and train professional psychologists;

     (b) The psychology program must stand as a recognizable, coherent, organizational entity

within the institution;

     (c) There must be a clear authority and primary responsibility for the core and specialty

areas whether or not the program cuts across administrative lines;

     (d) The program must consist of an integrated, organized sequence of study;

     (e) There must be an identifiable psychology faculty sufficient in size and breadth to carry

out its responsibilities;

     (f) The designated director of the program must be a psychologist and a member of the

core faculty;

     (g) The program must have an identifiable body of students who are matriculated in that

program for a degree;

     (h) The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

     (i) The curriculum shall encompass a minimum of three (3) academic years of full-time

graduate study for doctoral degrees and a minimum of one academic year of full-time graduate

study for master's degree;

     (j) The program includes an acceptable residency as defined by the Rules of the

Commission;

     (3) Possess a current, full and unrestricted license to practice psychology in a Home State

which is a Compact State;

     (4) No history of adverse action that violate the Rules of the Commission;

     (5) No criminal record history that violates the Rules of the Commission;

     (6) Possess a current, active IPC;

     (7) Provide attestations in regard to areas of intended practice and work experience and

provide a release of information to allow for primary source verification in a manner specified by

the Commission; and

     (8) Meet other criteria as defined by the Rules of the Commission.

     (C) A psychologist practicing into a Distant State under the Temporary Authorization to

Practice shall practice within the scope of practice authorized by the Distant State.

     (D) A psychologist practicing into a Distant State under the Temporary Authorization to

Practice will be subject to the Distant State's authority and law. A Distant State may, in accordance

with that state's due process law, limit or revoke a psychologist's Temporary Authorization to

Practice in the Distant State and may take any other necessary actions under the Distant State's

applicable law to protect the health and safety of the Distant State's citizens. If a Distant State takes

action, the state shall promptly notify the Home State and the Commission.

     (E) If a psychologist's license in any Home State, another Compact State, or any Temporary

Authorization to Practice in any Distant State, is restricted, suspended or otherwise limited, the IPC

shall be revoked and therefore the psychologist shall not be eligible to practice in a Compact State

under the Temporary Authorization to Practice.

ARTICLE VI

CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE

     (A) A psychologist may practice in a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology

as assigned by an appropriate State Psychology Regulatory Authority, as defined in the Rules of

the Commission, and under the following circumstances:

     (1) The psychologist initiates a client/patient contact in a Home State via

telecommunications technologies with a client/patient in a Receiving State;

     (2) Other conditions regarding telepsychology as determined by Rules promulgated by the

Commission.

ARTICLE VII

ADVERSE ACTIONS

     (A) A Home State shall have the power to impose adverse action against a psychologist's

license issued by the Home State. A Distant State shall have the power to take adverse action on a

psychologist's Temporary Authorization to Practice within that Distant State.

     (B) A Receiving State may take adverse action on a psychologist's Authority to Practice

Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse

action against a psychologist based on an adverse action taken by a Distant State regarding

temporary in-person, face-to-face practice.

     (C) If a Home State takes adverse action against a psychologist's license, that psychologist's

Authority to Practice Interjurisdictional Telepsychology is terminated and the e-Passport is

revoked. Furthermore, that psychologist's Temporary Authorization to Practice is terminated and

the IPC is revoked.

     (1) All Home State disciplinary orders which impose adverse action shall be reported to

the Commission in accordance with the Rules promulgated by the Commission. A Compact State

shall report adverse actions in accordance with the Rules of the Commission.

     (2) In the event discipline is reported on a psychologist, the psychologist will not be eligible

for telepsychology or temporary in-person, face-to-face practice in accordance with the Rules of

the Commission.

     (3) Other actions may be imposed as determined by the Rules promulgated by the

Commission.

     (D) A Home State's Psychology Regulatory Authority shall investigate and take

appropriate action with respect to reported inappropriate conduct engaged in by a licensee which

occurred in a Receiving State as it would if such conduct had occurred by a licensee within the

Home State. In such cases, the Home State's law shall control in determining any adverse action

against a psychologist's license.

     (E) A Distant State's Psychology Regulatory Authority shall investigate and take

appropriate action with respect to reported inappropriate conduct engaged in by a psychologist

practicing under Temporary Authorization Practice which occurred in that Distant State as it would

if such conduct had occurred by a licensee within the Home State. In such cases, Distant State's

law shall control in determining any adverse action against a psychologist's Temporary

Authorization to Practice.

     (F) Nothing in this Compact shall override a Compact State's decision that a psychologist's

participation in an alternative program may be used in lieu of adverse action and that such

participation shall remain non-public if required by the Compact State's law. Compact States must

require psychologists who enter any alternative programs to not provide telepsychology services

under the Authority to Practice Interjurisdictional Telepsychology or provide temporary

psychological services under the Temporary Authorization to Practice in any other Compact State

during the term of the alternative program.

     (G) No other judicial or administrative remedies shall be available to a psychologist in the

event a Compact State imposes an adverse action pursuant to subsection (C), above.

ARTICLE VIII

ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY

REGULATORY AUTHORITY

     (A) In addition to any other powers granted under state law, a Compact State's Psychology

Regulatory Authority shall have the authority under this Compact to:

     (1) Issue subpoenas, for both hearings and investigations, which require the attendance and

testimony of witnesses and the production of evidence. Subpoenas issued by a Compact State's

Psychology Regulatory Authority for the attendance and testimony of witnesses, and/or the

production of evidence from another Compact State shall be enforced in the latter state by any court

of competent jurisdiction, according to that court's practice and procedure in considering subpoenas

issued in its own proceedings. The issuing State Psychology Regulatory Authority shall pay any

witness fees, travel expenses, mileage and other fees required by the service statutes of the state

where the witnesses and/or evidence are located; and

     (2) Issue cease and desist and/or injunctive relief orders to revoke a psychologist's

Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to

Practice; and

     (3) During the course of any investigation, a psychologist may not change their Home State

licensure. A Home State Psychology Regulatory Authority is authorized to complete any pending

investigations of a psychologist and to take any actions appropriate under its law. The Home State

Psychology Regulatory Authority shall promptly report the conclusions of such investigations to

the Commission. Once an investigation has been completed, and pending the outcome of said

investigation, the psychologist may change their Home State licensure. The Commission shall

promptly notify the new Home State of any such decisions as provided in the Rules of the

Commission. All information provided to the Commission or distributed by Compact States

pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or

disciplinary matters. The Commission may create additional rules for mandated or discretionary

sharing of information by Compact States.

ARTICLE IX

COORDINATED LICENSURE INFORMATION SYSTEM

     (A) The Commission shall provide for the development and maintenance of a Coordinated

Licensure Information System (Coordinated Database) and reporting system containing licensure

and disciplinary action information on all psychologists individuals to whom this Compact is

applicable in all Compact States as defined by the Rules of the Commission.

     (B) Notwithstanding any other provision of state law to the contrary, a Compact State shall

submit a uniform data set to the Coordinated Database on all licensees as required by the Rules of

the Commission, including:

     (1) Identifying information;

     (2) Licensure data;

     (3) Significant investigatory information;

     (4) Adverse actions against a psychologist's license;

     (5) An indicator that a psychologist's Authority to Practice Interjurisdictional

Telepsychology and/or Temporary Authorization to Practice is revoked;

     (6) Non-confidential information related to alternative program participation information;

     (7) Any denial of application for licensure, and the reasons for such denial; and

     (8) Other information which may facilitate the administration of this Compact, as

determined by the Rules of the Commission.

     (C) The Coordinated Database administrator shall promptly notify all Compact States of

any adverse action taken against, or significant investigative information on, any licensee in a

Compact State.

     (D) Compact States reporting information to the Coordinated Database may designate

information that may not be shared with the public without the express permission of the Compact

State reporting the information.

     (E) Any information submitted to the Coordinated Database that is subsequently required

to be expunged by the law of the Compact State reporting the information shall be removed from

the Coordinated Database.

ARTICLE X

ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT

COMMISSION

     (A) The Compact States hereby create and establish a joint public agency known as the

Psychology Interjurisdictional Compact Commission.

     (1) The Commission is a body politic and an instrumentality of the Compact States.

     (2) Venue is proper and judicial proceedings by or against the Commission shall be brought

solely and exclusively in a court of competent jurisdiction where the principal office of the

Commission is located. The Commission may waive venue and jurisdictional defenses to the extent

it adopts or consents to participate in alternative dispute resolution proceedings.

     (3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

     (B) Membership, Voting, and Meetings.

     (1) The Commission shall consist of one voting representative appointed by each Compact

State who shall serve as that state's Commissioner. The State Psychology Regulatory Authority

shall appoint its delegate. This delegate shall be empowered to act on behalf of the Compact State.

This delegate shall be limited to:

     (a) Executive Director, Executive Secretary or similar executive;

     (b) Current member of the State Psychology Regulatory Authority of a Compact State; or

     (c) Designee empowered with the appropriate delegate authority to act on behalf of the

Compact State.

     (2) Any Commissioner may be removed or suspended from office as provided by the law

of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission

shall be filled in accordance with the laws of the Compact State in which the vacancy exists.

     (3) Each Commissioner shall be entitled to one vote with regard to the promulgation of

Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the business

and affairs of the Commission. A Commissioner shall vote in person or by such other means as

provided in the Bylaws. The Bylaws may provide for Commissioners' participation in meetings by

telephone or other means of communication.

     (4) The Commission shall meet at least once during each calendar year. Additional

meetings shall be held as set forth in the Bylaws.

     (5) All meetings shall be open to the public, and public notice of meetings shall be given

in the same manner as required under the rulemaking provisions in Article XI.

     (6) The Commission may convene in a closed, non-public meeting if the Commission must

discuss:

     (a) Non-compliance of a Compact State with its obligations under the Compact;

     (b) The employment, compensation, discipline or other personnel matters, practices or

procedures related to specific employees or other matters related to the Commission's internal

personnel practices and procedures;

     (c) Current, threatened, or reasonably anticipated litigation against the Commission;

     (d) Negotiation of contracts for the purchase or sale of goods, services or real estate;

     (e) Accusation against any person of a crime or formally censuring any person;

     (f) Disclosure of trade secrets or commercial or financial information which is privileged

or confidential;

     (g) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (h) Disclosure of investigatory records compiled for law enforcement purposes;

     (i) Disclosure of information related to any investigatory reports prepared by or on behalf

of or for use of the Commission or other committee charged with responsibility for investigation

or determination of compliance issues pursuant to the Compact; or

     (j) Matters specifically exempted from disclosure by federal and state statute.

     (7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the

Commission's legal counsel or designee shall certify that the meeting may be closed and shall

reference each relevant exempting provision. The Commission shall keep minutes which fully and

clearly describe all matters discussed in a meeting and shall provide a full and accurate summary

of actions taken, of any person participating in the meeting, and the reasons therefore, including a

description of the views expressed. All documents considered in connection with an action shall be

identified in such minutes. All minutes and documents of a closed meeting shall remain under seal,

subject to release only by a majority vote of the Commission or order of a court of competent

jurisdiction.

     (C) The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws

and/or Rules to govern its conduct as may be necessary or appropriate to carry out the purposes and

exercise the powers of the Compact, including, but not limited to:

     (1) Establishing the fiscal year of the Commission.

     (2) Providing reasonable standards and procedures:

     (a) For the establishment and meetings of other committees; and

     (b) Governing any general or specific delegation of any authority or function of the

Commission;

     (3) Providing reasonable procedures for calling and conducting meetings of the

Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for

attendance of such meetings by interested parties, with enumerated exceptions designed to protect

the public's interest, the privacy of individuals of such proceedings, and proprietary information,

including trade secrets. The Commission may meet in closed session only after a majority of the

Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the

Commission must make public a copy of the vote to close the meeting revealing the vote of each

Commissioner with no proxy votes allowed.

     (4) Establishing the titles, duties and authority and reasonable procedures for the election

of the officers of the Commission.

     (5) Providing reasonable standards and procedures for the establishment of the personnel

policies and programs of the Commission. Notwithstanding any civil service or other similar law

of any Compact State, the Bylaws shall exclusively govern the personnel policies and programs of

the Commission.

     (6) Promulgating a Code of Ethics to address permissible and prohibited activities of

Commission members and employees;

     (7) Providing a mechanism for concluding the operations of the Commission and the

equitable disposition of any surplus funds that may exist after the termination of the Compact after

the payment and/or reserving of all of its debts and obligations;

     (8) The Commission shall publish its bylaws in a convenient form and file a copy thereof

and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compact

States;

     (9) The Commission shall maintain its financial records in accordance with the Bylaws;

and

     (10) The Commission shall meet and take such actions as are consistent with the provisions

of this Compact and the bylaws.

     (D) The Commission shall have the following powers:

     (1) The authority to promulgate uniform rules to facilitate and coordinate implementation

and administration of this Compact. The rule shall have the force and effect of law and shall be

binding in all Compact States;

     (2) To bring and prosecute legal proceedings or actions in the name of the Commission,

provided that the standing of any State Psychology Regulatory Authority or other regulatory body

responsible for psychology licensure to sue or be sued under applicable law shall not be affected;

     (3) To purchase and maintain insurance and bonds;

     (4) To borrow, accept or contract for services of personnel, including, but not limited to,

employees of a Compact State;

     (5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of the Compact, and to establish the

Commission's personnel policies and programs relating to conflicts of interest, qualifications of

personnel, and other related personnel matters;

     (6) To accept any and all appropriate donations and grants of money, equipment, supplies,

materials and services, and to receive, utilize and dispose of the same; provided that at all times the

Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;

     (7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,

improve or use, any property, real, personal or mixed; provided that at all times the Commission

shall strive to avoid any appearance of impropriety;

     (8) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of

any property real, personal or mixed;

     (9) To establish a budget and make expenditures;

     (10) To borrow money;

     (11) To appoint committees, including advisory committees comprised of Members, State

regulators, State legislators or their representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact and the bylaws;

     (12) To provide and receive information from, and to cooperate with, law enforcement

agencies;

     (13) To adopt and use an official seal; and

     (14) To perform such other functions as may be necessary or appropriate to achieve the

purposes of this Compact consistent with the state regulation of psychology licensure, temporary

in-person, face-to-face practice and telepsychology practice.

     (E) The Executive Board.

     The elected officers shall serve as the Executive Board, which shall have the power to act

on behalf of the Commission according to the terms of this Compact.

     (1) The Executive Board shall be comprised of six (6) members:

     (a) Five (5) voting members who are elected from the current membership of the

Commission by the Commission;

     (b) One exofficio, nonvoting member from the recognized membership organization

composed of State and Provincial Psychology Regulatory Authorities.

     (2) The exofficio ex-officio member must have served as staff or member on a State

Psychology Regulatory Authority and will be selected by its respective organization.

     (3) The Commission may remove any member of the Executive Board as provided in

Bylaws.

     (4) The Executive Board shall meet at least annually.

     (5) The Executive Board shall have the following duties and responsibilities:

     (a) Recommend to the entire Commission changes to the Rules or bylaws, changes to this

Compact legislation, fees paid by Compact States such as annual dues, and any other applicable

fees;

     (b) Ensure Compact administration services are appropriately provided, contractual or

otherwise;

     (c) Prepare and recommend the budget;

     (d) Maintain financial records on behalf of the Commission;

     (e) Monitor Compact compliance of member states and provide compliance reports to the

Commission;

     (f) Establish additional committees as necessary; and

     (g) Other duties as provided in Rules or bylaws.

     (F) Financing of the Commission

     (1) The Commission shall pay, or provide for the payment of the reasonable expenses of

its establishment, organization and ongoing activities.

     (2) The Commission may accept any and all appropriate revenue sources, donations and

grants of money, equipment, supplies, materials and services.

     (3) The Commission may levy on and collect an annual assessment from each Compact

State or impose fees on other parties to cover the cost of the operations and activities of the

Commission and its staff which must be in a total amount sufficient to cover its annual budget as

approved each year for which revenue is not provided by other sources. The aggregate annual

assessment amount shall be allocated based upon a formula to be determined by the Commission

which shall promulgate a rule binding upon all Compact States.

     (4) The Commission shall not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor shall the Commission pledge the credit of any of the Compact

States, except by and with the authority of the Compact State.

     (5) The Commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the Commission shall be subject to the audit and accounting

procedures established under its Bylaws. However, all receipts and disbursements of funds handled

by the Commission shall be audited yearly by a certified or licensed public accountant and the

report of the audit shall be included in and become part of the annual report of the Commission.

     (G) Qualified Immunity, Defense, and Indemnification.

     (1) The members, officers, Executive Director, employees and representatives of the

Commission shall be immune from suit and liability, either personally or in their official capacity,

for any claim for damage to or loss of property or personal injury or other civil liability caused by

or arising out of any actual or alleged act, error or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred within the scope of

Commission employment, duties or responsibilities; provided that nothing in this subsection shall

be construed to protect any such person from suit and/or liability for any damage, loss, injury or

liability caused by the intentional or willful or wanton misconduct of that person.

     (2) The Commission shall defend any member, officer, Executive Director, employee or

representative of the Commission in any civil action seeking to impose liability arising out of any

actual or alleged act, error or omission that occurred within the scope of Commission employment,

duties or responsibilities, or that the person against whom the claim is made had a reasonable basis

for believing occurred within the scope of Commission employment, duties or responsibilities;

provided that nothing herein shall be construed to prohibit that person from retaining that person's

own counsel; and provided further, that the actual or alleged act, error or omission did not result

from that person's intentional or willful or wanton misconduct.

     (3) The Commission shall indemnify and hold harmless any member, officer, Executive

Director, employee or representative of the Commission for the amount of any settlement or

judgment obtained against that person arising out of any actual or alleged act, error or omission

that occurred within the scope of Commission employment, duties or responsibilities, or that such

person had a reasonable basis for believing occurred within the scope of Commission employment,

duties or responsibilities, provided that the actual or alleged act, error or omission did not result

from the intentional or willful or wanton misconduct of that person.

ARTICLE XI

RULEMAKING

     (A) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this Article and the Rules adopted thereunder. Rules and amendments shall become binding as

of the date specified in each rule or amendment.

     (B) If a majority of the legislatures of the Compact States rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the Compact, then such rule shall have no

further force and effect in any Compact State.

     (C) Rules or amendments to the rules shall be adopted at a regular or special meeting of

the Commission.

     (D) Prior to promulgation and adoption of a final rule or Rules by the Commission, and at

least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon,

the Commission shall file a Notice of Proposed Rulemaking:

     (1) On the website of the Commission; and

     (2) On the website of each Compact States' Psychology Regulatory Authority or the

publication in which each state would otherwise publish proposed rules.

     (E) The Notice of Proposed Rulemaking shall include:

     (1) The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

     (2) The text of the proposed rule or amendment and the reason for the proposed rule;

     (3) A request for comments on the proposed rule from any interested person; and

     (4) The manner in which interested persons may submit notice to the Commission of their

intention to attend the public hearing and any written comments.

     (F) Prior to adoption of a proposed rule, the Commission shall allow persons to submit

written data, facts, opinions and arguments, which shall be made available to the public.

     (G) The Commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment if a hearing is requested by:

     (1) At least twenty-five (25) persons who submit comments independently of each other;

     (2) A governmental subdivision or agency; or

     (3) A duly appointed person in an association that has at least twenty-five (25) members.

     (H) If a hearing is held on the proposed rule or amendment, the Commission shall publish

the place, time, and date of the scheduled public hearing.

     (1) All persons wishing to be heard at the hearing shall notify the Executive Director of the

Commission or other designated member in writing of their desire to appear and testify at the

hearing not less than five (5) business days before the scheduled date of the hearing.

     (2) Hearings shall be conducted in a manner providing each person who wishes to comment

a fair and reasonable opportunity to comment orally or in writing.

     (3) No transcript of the hearing is required, unless a written request for a transcript is made,

in which case the person requesting the transcript shall bear the cost of producing the transcript. A

recording may be made in lieu of a transcript under the same terms and conditions as a transcript.

This subsection shall not preclude the Commission from making a transcript or recording of the

hearing if it so chooses.

     (4) Nothing in this section shall be construed as requiring a separate hearing on each rule.

Rules may be grouped for the convenience of the Commission at hearings required by this section.

     (I) Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the Commission shall consider all written and oral

comments received.

     (J) The Commission shall, by majority vote of all members, take final action on the

proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking

record and the full text of the rule.

     (K) If no written notice of intent to attend the public hearing by interested parties is

received, the Commission may proceed with promulgation of the proposed rule without a public

hearing.

     (L) Upon determination that an emergency exists, the Commission may consider and adopt

an emergency rule without prior notice, opportunity for comment, or hearing, provided that the

usual rulemaking procedures provided in the Compact and in this section shall be retroactively

applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the

effective date of the rule. For the purposes of this provision, an emergency rule is one that must be

adopted immediately in order to:

     (1) Meet an imminent threat to public health, safety, or welfare;

     (2) Prevent a loss of Commission or Compact State funds;

     (3) Meet a deadline for the promulgation of an administrative rule that is established by

federal law or rule; or

     (4) Protect public health and safety.

     (M) The Commission or an authorized committee of the Commission may direct revisions

to a previously adopted rule or amendment for purposes of correcting typographical errors, errors

in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be

posted on the website of the Commission. The revision shall be subject to challenge by any person

for a period of thirty (30) days after posting. The revision may be challenged only on grounds that

the revision results in a material change to a rule. A challenge shall be made in writing, and

delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is

made, the revision will take effect without further action. If the revision is challenged, the revision

may not take effect without the approval of the Commission.

ARTICLE XII

OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

     (A) Oversight.

     (1) The Executive, Legislative and Judicial branches of state government in each Compact

State shall enforce this Compact and take all actions necessary and appropriate to effectuate the

Compact's purposes and intent. The provisions of this Compact and the rules promulgated

hereunder shall have standing as statutory law.

     (2) All courts shall take judicial notice of the Compact and the rules in any judicial or

administrative proceeding in a Compact State pertaining to the subject matter of this Compact

which may affect the powers, responsibilities or actions of the Commission.

     (3) The Commission shall be entitled to receive service of process in any such proceeding,

and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service

of process to the Commission shall render a judgment or order void as to the Commission, this

Compact or promulgated rules.

     (B) Default, Technical Assistance, and Termination.

     (1) If the Commission determines that a Compact State has defaulted in the performance

of its obligations or responsibilities under this Compact or the promulgated rules, the Commission

shall:

     (a) Provide written notice to the defaulting state and other Compact States of the nature of

the default, the proposed means of remedying the default and/or any other action to be taken by the

Commission; and

     (b) Provide remedial training and specific technical assistance regarding the default.

     (2) If a state in default fails to remedy the default, the defaulting state may be terminated

from the Compact upon an affirmative vote of a majority of the Compact States, and all rights,

privileges and benefits conferred by this Compact shall be terminated on the effective date of

termination. A remedy of the default does not relieve the offending state of obligations or liabilities

incurred during the period of default.

     (3) Termination of membership in the Compact shall be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be

submitted by the Commission to the Governor, the majority and minority leaders of the defaulting

state's legislature, and each of the Compact States.

     (4) A Compact State which has been terminated is responsible for all assessments,

obligations and liabilities incurred through the effective date of termination, including obligations

which extend beyond the effective date of termination.

     (5) The Commission shall not bear any costs incurred by the state which is found to be in

default or which has been terminated from the Compact, unless agreed upon in writing between the

Commission and the defaulting state.

     (6) The defaulting state may appeal the action of the Commission by petitioning the U.S.

District Court for the state of Georgia or the federal district where the Compact has its principal

offices. The prevailing member shall be awarded all costs of such litigation, including reasonable

attorney's fees.

     (C) Dispute Resolution.

     (1) Upon request by a Compact State, the Commission shall attempt to resolve disputes

related to the Compact which arise among Compact States and between Compact and Non-

Compact States.

     (2) The Commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes that arise before the commission.

     (D) Enforcement.

     (1) The Commission, in the reasonable exercise of its discretion, shall enforce the

provisions and Rules of this Compact.

     (2) By majority vote, the Commission may initiate legal action in the United States District

Court for the State of Georgia or the federal district where the Compact has its principal offices

against a Compact State in default to enforce compliance with the provisions of the Compact and

its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and

damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded

all costs of such litigation, including reasonable attorney's fees.

     (3) The remedies herein shall not be the exclusive remedies of the Commission. The

Commission may pursue any other remedies available under federal or state law.

ARTICLE XIII

DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL

COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND

AMENDMENTS

     (A) The Compact shall come into effect on the date on which the Compact is enacted into

law in the seventh Compact State. The provisions which become effective at that time shall be

limited to the powers granted to the Commission relating to assembly and the promulgation of

rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the

implementation and administration of the Compact.

     (B) Any state which joins the Compact subsequent to the Commission's initial adoption of

the rules shall be subject to the rules as they exist on the date on which the Compact becomes law

in that state. Any rule which has been previously adopted by the Commission shall have the full

force and effect of law on the day the Compact becomes law in that state.

     (C) Any Compact State may withdraw from this Compact by enacting a statute repealing

the same.

     (1) A Compact State's withdrawal shall not take effect until six (6) months after enactment

of the repealing statute.

     (2) Withdrawal shall not affect the continuing requirement of the withdrawing State's

Psychology Regulatory Authority to comply with the investigative and adverse action reporting

requirements of this act prior to the effective date of withdrawal.

     (D) Nothing contained in this Compact shall be construed to invalidate or prevent any

psychology licensure agreement or other cooperative arrangement between a Compact State and a

Non-Compact State which does not conflict with the provisions of this Compact.

     (E) This Compact may be amended by the Compact States. No amendment to this Compact

shall become effective and binding upon any Compact State until it is enacted into the law of all

Compact States.

ARTICLE XIV

CONSTRUCTION AND SEVERABILITY

     This Compact shall be liberally construed so as to effectuate the purposes thereof. If this

Compact shall be held contrary to the constitution of any state member thereto, the Compact shall

remain in full force and effect as to the remaining Compact States.


 

 

 

 

25)

Section

Added Chapter Numbers:

 

5-44.1-3

109 and 110

 

 

5-44.1-3. Ratification procedure – Effective date.

     When the governor shall have executed the compact on behalf of this state and shall have

caused a verified copy to be filed with the secretary of state; and when the compact shall have been

ratified by one or more of the state states, territories or possessions of the United States, the District

of Columbia, and/or the Commonwealth of Puerto Rico, then the compact shall become operative

and effective as between this state and those other state or states, territories or possessions of the

United States, the District of Columbia, and/or the Commonwealth of Puerto Rico. The governor

is authorized and directed to take any action that may be necessary to complete the exchange of

official documents as between this state and any other state, territory or possession of the United

States, the District of Columbia, or the Commonwealth of Puerto Rico, ratifying the compact.


 

 

 

 

26)

Section

Added Chapter Numbers:

 

5-44.1-4

109 and 110

 

 

5-44.1-4. Compact administrator.

     Pursuant to the compact, the governor is authorized and empowered to designate an officer

who shall be the compact administrator and who, acting jointly with like officers of other party

states, shall promulgate rules and regulations to more effectively carry out the terms of the compact.

The compact administrator shall serve subject to the pleasure of the governor. The compact

administrator is authorized, empowered and directed to cooperate with all departments, agencies

and officers of and in the government of this state and its subdivisions in facilitating the proper

administration of the compact or of any supplementary agreement or agreements entered into by

this state under it.


 

 

 

27)

Section

Added Chapter Numbers:

 

5-44.1-5

109 and 110

 

 

5-44.1-5. Supplementary agreements.

     The compact administrator is authorized and empowered to enter into supplementary

agreements with appropriate officials of other states pursuant to the compact. In the event that a

supplementary agreement shall require or contemplate the use of any institution or facility of this

state or require or contemplate the provision of any service by this state, the supplementary

agreement shall have no force or effect until approved by the head of the department or agency

under whose jurisdiction the institution or facility is operated or whose department or agency will

be charged with the rendering of the service.


 

 

 

 

28)

Section

Amended Chapter Numbers:

 

5-53.1-3

131 and 132

 

 

5-53.1-3. Certain persons exempted.

     (a) The following persons shall not be required to file a registration statement with the

department:

     (1) Educational institutions, including parent-teacher associations, the curricula of which

in whole or in part are registered or approved by a governmental agency as well as all other

educational institutions within this state recognized or certified as educational institutions by a

generally recognized and accepted regional or national educational accrediting organization.

     (2) Persons requesting any contributions for the relief of any individual, specified by name

at the time of the solicitation, if all of the contributions collected, without any deductions

whatsoever, are turned over to the named beneficiary.

     (3)(i) Any charitable organization that does not intend to solicit and receive and does not

actually raise or receive contributions in excess of twenty-five thousand dollars ($25,000) during a

fiscal year of the charitable organization, provided none of its fundraising functions are carried on

by professional fundraisers and no part of its assets or income inures to the benefit of or is paid to

any officer, director, member (if a limited-liability company), trustee, partner, or member of the

charitable organization.

     (ii) For the purpose of this subdivision, contributions received from corporations, charitable

foundations, government agencies, or a duly registered federated fund, incorporated community

appeal, or United Way, shall not be included in determining the total amount of contributions

received.

     (iii) If, during the fiscal year of any charitable organization, the gross contributions

received by the charitable organization during that fiscal year exceed twenty-five thousand dollars

($25,000), it shall, within thirty (30) days after the date it shall have received total contributions in

excess of twenty-five thousand dollars ($25,000), register with the director as required by § 5-53.1-

2.

     (4) Organizations that solicit only from their own membership. The term "membership"

shall not include those persons who are granted a membership upon making a contribution as the

result of a solicitation.

     (5) Persons soliciting contributions solely from corporations, charitable foundations, or

governmental agencies.

     (6) Foundations or associations exclusively for the benefit of religious organizations,

education institutions, nonprofit or charitable hospitals, and public libraries.

     (7) Hospitals that are nonprofit and charitable.

     (8) Veterans' organizations and their auxiliaries so long as the veterans' organizations are

chartered under chapter 6 of title 7.

     (9) Public libraries.

     (10) Historical societies duly organized under the laws of this state.

     (11) Free, not-for-profit, public art museums.

     (12) Grange organizations and their auxiliaries.

     (13) Churches or recognized denominations and religious organizations, societies, and

institutions operated, supervised, or controlled by a religious organization or society that solicit

from other than their own membership. Institutions indirectly or affiliated with but that are not

operated, supervised, or controlled by any religious organizations or religious society that own,

maintain, and operate homes for the aged, orphanages, and homes for unwed mothers.

     (14) Volunteer fire and rescue associations.

     (15) Land trusts duly organized under the laws of this state.

     (16) Nonprofit Not-for-profit and not-for-profit nonprofit food bank banks or food

pantry pantries; provided, however, the Rhode Island community food bank shall not be included

within this classification.

     (b) Any charitable organization claiming to be exempt from the registration requirements

of this chapter shall submit any information that the director may request to substantiate an

exemption under this section.


 

 

 

 

29)

Section

Amended Chapter Numbers:

 

5-63.2-2

167 and 168

 

 

5-63.2-2. Definitions.

     As used in this chapter:

     (1) "Advertise" means, but is not limited to, the issuing or causing to be distributed any

card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on

or in any building, radio, or television; or by advertising by any other means designed to secure

public attention.

     (2) "Board" means the board of mental health counselors and marriage and family

therapists.

     (3) "Clinical counselor in mental health" means a person who is licensed pursuant to § 5-

63.2-9, which license is in force and not suspended or revoked as of the particular time in question.

     (4) "Internship" means a part of an organized graduate program in counseling therapy and

constitutes a supervised experience within a mental health and/or marriage and family setting.

     (5) "Marriage and family therapist" means a person who is licensed pursuant to § 5-63.2-

10, which license is in force and not suspended or revoked as of the particular time in question.

     (6) "Person" means any individual, firm, corporation, partnership, organization, or body

politic.

     (7) "Practice of clinical mental health counseling" means the rendering of professional

services to individuals, families, or groups for monetary compensation. These professional services

include:

     (i) Applying the principles, methods, and theories of counseling and/or psychotherapeutic

techniques to define goals and develop a treatment plan of action aimed toward the prevention,

treatment, and resolution of social, mental, and emotional dysfunction and intra or interpersonal

disorders in persons diagnosed at intake as non-psychotic and not presenting medical problems;

and

     (ii) Engaging in psychotherapy of a nonmedical nature, utilizing supervision when

appropriate, and making referrals to other psychiatric, psychological, or medical resources when

the person is diagnosed as psychotic or presenting a medical problem.

     (8) "Practice of marriage and family therapy" means the rendering of professional services

to individuals, family groups, couples, or organizations for monetary compensation. These

professional services include applying principles, methods, and therapeutic techniques for the

purpose of resolving emotional conflicts; modifying perceptions and behavior; enhancing

communications and understanding among all family members; and the prevention of family and

individual crisis. Individual marriage and family therapists shall also engage in psychotherapy of a

nonmedical and non-psychotic nature with appropriate referrals to psychiatric resources.

     (9) "Practicum" means a part of an organized graduate program in counseling therapy and

constitutes a supervised experience within the graduate counseling program.

     (10) "Qualified supervision" means the supervision of clinical services in accordance with

standards established by the board under the supervision of an individual who has been recognized

by the board as an approved supervisor.

     (11) "Recognized educational institution" means any educational institution that grants a

bachelor's, master's, or doctoral degree and is recognized by the board of mental health counselors

and marriage and family therapists or a recognized postgraduate clinical training program as

specified in §§ 5-63.2-9(2) 5-63.2-9 and 5-63.2-10(2) 5-63.2-10.

     (12) "Use a title or description of" means to hold oneself out to the public as having a

particular status by means of stating on signs, mailboxes, address plates, stationery,

announcements, calling cards, or other instruments of professional identification.


 

 

 

30)

Section

Amended Chapter Numbers:

 

5-63.2-4

167 and 168

 

 

5-63.2-4. Composition of board -- Appointment, and terms, of members.

     The director of the department of health, with the approval of the governor, shall appoint

nine (9) electors as members of the board. Three (3) shall be clinical mental health counselors, at

least two (2) of whom shall meet the qualifications of § 5-63.2-9 5-63.2-9(b) and have at least five

(5) years of private practice experience in mental health counseling; three (3) shall be marriage and

family therapists, who shall be clinical marriage and family therapists who meet the qualifications

of § 5-63.2-10 5-63.2-10(b) and have at least five (5) years of private practice experience in

marriage and family therapy; three (3) shall be members of the public. Commencing September

1996, the director of the department of health shall appoint one clinical mental health counselor for

one year; one clinical mental health counselor for two (2) years; one clinical mental health

counselor for three (3) years; one marriage and family therapist for one year; one marriage and

family therapist for two (2) years; one marriage and family therapist for three (3) years; one public

member for two (2) years; and two (2) public members for three (3) years. After this, all terms of

appointments shall be for three (3) years. In no instance shall a person serve more than six (6)

consecutive years on the board.


 

 

 

31)

Section

Amended Chapter Numbers:

 

5-63.2-9

167 and 168

 

 

5-63.2-9. Qualifications of licensed clinical mental health counselor associates and licensed

clinical mental health counselors.

     (a) An applicant for licensure shall submit to the board written evidence on forms furnished

by the division of professional regulation that the applicant: The department shall issue the

appropriate license to applicants who meet the qualifications in this section.

     (1) Prerequisites for licensure of a clinical mental health counselor associate. A license as

a "clinical mental health counselor associate" shall be issued to an applicant who meets the

following qualifications:

     (1)(i) Is of good character; and

     (2)(ii) Has received a graduate degree specializing in counseling/therapy from a college or

university accredited by the New England Association of Schools and Colleges, or an equivalent

regional accrediting agency, and that has the approval by a cognizable national or regional

certifying authority; and

     (3)(iii) Has completed sixty (60) semester hours or ninety (90) quarter hours within his or

her graduate counseling/therapy program; and

     (4)(iv) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter

hours of supervised practicum and a minimum of one calendar year of supervised internship

consisting of twenty (20) hours per week, or its equivalent, with emphasis in mental health

counseling supervised by the department within the college or university granting the requisite

degree or by an accredited postgraduate clinical training program recognized by the United States

Department of Education, or education and/or experience that is deemed equivalent by the board;

and .

     (2) Prerequisites for licensure of a clinical mental health counselor: A license as a "clinical

mental health counselor" shall be issued to an applicant who meets the following qualifications:

      (5)(i) Has completed a minimum of two (2) years of relevant postgraduate experience,

including at least two thousand (2,000) hours of direct client contact offering clinical or counseling

or therapy services with emphasis in mental health counseling subsequent to being awarded a

master's degree, certificate of advanced graduate study, or doctorate; and

     (6)(ii) Has a minimum of one hundred (100) hours of post-degree supervised case work

spread over a two-year (2) period; provided, that the supervision was provided by a person who, at

the time of rendering the supervision, was recognized by the board as an approved supervisor; and

     (7)(iii) Has passed, to the satisfaction of the board, an examination conducted by it to

determine the applicant's qualification for licensure as a clinical mental health counselor or is

applying for licensure under the provisions of § 5-63.2-15.

     (b) A candidate shall be held to have qualified for licensure as a clinical mental health

counselor associate, or a clinical mental health counselor upon the affirmative vote of at least four

(4) members of the board, two (2) of whom must be mental health counselors on the board.


 

 

 

 

32)

Section

Amended Chapter Numbers:

 

5-63.2-10

167 and 168

 

 

5-63.2-10. Qualifications of licensed marriage and family therapist associates and licensed

marriage and family therapists.

     (a) An applicant for licensure shall submit to the board written evidence on forms furnished

by the division of professional regulation that the applicant: The department shall issue the

appropriate license to applicants who meet the qualifications of this section.

     (1) Prerequisites for licensure of a marriage and family therapist associate. A license as a

"marriage and family therapist associate" shall be issued to an applicant who meets the following

qualifications:

     (1)(i) Is of good character; and

     (2)(ii) Has completed a graduate degree program specializing in marital and family therapy

from a college or university accredited by the New England Association of Schools and Colleges,

or an equivalent regional accreditation agency; and

     (3)(iii) Has completed sixty (60) semester hours or ninety (90) quarter hours within his or

her graduate degree program specializing in marital and family therapy; and

     (4)(iv) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter

hours of supervised practicum and a one-calendar year of supervised internship consisting of twenty

(20) hours per week, or its equivalent, with emphasis in marriage and family therapy supervised by

the department within the college or university granting the requisite degree or by an accredited

postgraduate clinical training program, approved by the commission on accreditation for marriage

and family therapy education recognized by the United States department Department of

education Education, or education and/or experience that is deemed equivalent by the board; and

.

     (2) Prerequisites for licensure of a marriage and family therapist. A license as a "marriage

and family therapist" shall be issued to an applicant who meets the following qualifications:

     (5)(i) Has had a minimum of two (2) years of relevant postgraduate experience, including

at least two thousand (2,000) hours of direct client contact offering clinical or counseling or therapy

services with emphasis in marriage and family therapy subsequent to being awarded a master's

degree or doctorate; and

     (6)(ii) Has had a minimum of one hundred (100) hours of post-degree supervised case work

spread over two (2) years (2); provided, that the supervision was provided by a person who, at the

time of rendering the supervision, was recognized by the board as an approved supervisor; and

     (7)(iii) Has passed to the satisfaction of the board an examination conducted by it to

determine the applicant's qualifications for licensure as a marriage and family therapist or is

applying for licensure under the provisions of § 5-63.2-15.

     (b) A candidate shall be qualified for licensure as a marriage and family therapist associate,

or a marriage and family therapist upon the affirmative vote of at least four (4) members of the

board, two (2) of whom must be marriage and family therapists on the board.


 

 

 

33)

Section

Amended Chapter Numbers:

 

5-65-1

251 and 252

 

 

5-65-1. Definitions.

     As used in this chapter:

     (1) "Appurtenances" means any accessory improvement to real estate associated with a

primary structure.

     (1)(2) "Board" means the contractors' registration and licensing board established pursuant

to the provisions of § 5-65-14 or its designees.

     (3) "Claim" means that portion of a complaint which that pertains to the complainant's

assertion that they are entitled to monetary damages, an order for specific performance of work

and/or other contractual or equitable relief or remedies on account of allegations or disputes

between themself and a contractor or themself and a subcontractor.

     (2)(4) "Claim for retainage" means an allegation that a person seeking payment of retainage

breached the person's contract for the project; provided, however, that a "claim" related to a project

with a contract value of not less than two hundred fifty thousand dollars ($250,000) shall be subject

to the applicable dispute resolution procedure, notice, and other requirements in the contract for

construction.

     (5) "Complaint" means a written complaint submitted to the board or office with allegations

against or disputes involving a contractor, which that which may contain a claim component and/or

allegations that a contractor has violated provisions of this chapter or the regulations promulgated

hereunder.

     (3)(6)(7)(i) "Contractor" means a person who, in the pursuit of an independent business,

undertakes or offers to undertake or submits a bid, or for compensation and with or without the

intent to sell the structure arranges to construct, alter, repair, improve, move constructs, alters,

repairs, improves, moves over public highways, roads, or streets, or demolish demolishes a

structure or to perform any work in connection with the construction, alteration, repair,

improvement, moving over public highways, roads, or streets, or demolition of a structure, and the

appurtenances thereto. For the purposes of this chapter, "appurtenances" includes, but is not limited

to, the installation, alteration, or repair of wells connected to a structure consistent with chapter

13.2 of title 46, garage, carport, porch, patio, decks, docks, sheds, tents, gazebos, walkways,

fencing, driveways, retaining walls, swimming pools, sidewalks, stone/masonry walls, and parking

lots.

     (ii) "Contractor" includes, but is not limited to, any person who purchases or owns property

and constructs, or for compensation arranges for the construction of, one or more structures.

     (ii)(iii) A certificate of registration is necessary for each "business entity" regardless of the

fact that each entity may be owned by the same individual.

     (4)(7)(6) "Contract for construction" means a contract for which a lien may be established

under chapter 28 of title 34 or for state or municipal public works projects as defined in title 37 on

a project for which the person on whose contract with the project owner has an original contract

price of not less than two hundred fifty thousand dollars ($250,000); provided, however, that

"contract for construction" shall not include a project containing, or designed to contain, at least

one, but not more than four (4), dwelling units.

     (5)(8) "Deliverable" means a project close-out document that shall be submitted by the

person seeking payment of retainage under the person's contract for construction; provided,

however, that a lien waiver or release, which is a deliverable, shall comply with chapter 28 of title

34; provided, further, that "deliverable" shall not include any document affirming, certifying, or

confirming completion or correction of labor, materials, or other items furnished or incomplete or

defective work.

     (6)(9) "Dwelling unit" means a single unit providing complete independent-living facilities

for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and

sanitation.

     (7)(10) "Hearing officer" means a person designated by the director of the department of

business regulation or the director's designee to hear contested claims or cases, contested

enforcement proceedings, and contested administrative fines, and to render decisions or orders in

accordance with the "administrative procedures act," chapter 35 of title 42.

     (8)(11) "Incomplete or defective work" means labor, materials, or any other item required

for full performance by a person seeking payment of retainage that remains to be furnished by the

person under the person's contract for construction or that has been furnished by the person but

requires correction, repair, further completion, revision, or replacement; provided, however, that

"incomplete or defective work" shall not include deliverables or labor, materials, or any other item

to be repaired or replaced after substantial or final completion pursuant to a warranty, guarantee,

or other contractual obligation to correct defective work after substantial or final completion.

     (9)(12) "Monetary damages" means the dollar amount required in excess of the contract

amount necessary to provide the claimant with what was agreed to be provided under the terms of

the contract reduced by any amount due and unpaid to the respondent inclusive of any and all

awards and restitution.

     (10)(13) "Office" means the state building office established pursuant to § 5-84-3.1.

     (11)(14) "Person" means any natural person, joint venture, partnership, corporation, or

other business or legal entity who or that enters into a contract for construction.

     (12)(15) "Prime contractor" means a person who or that enters into a contract for

construction with the project owner.

     (13)(16) "Retainage" means a portion or percentage of a payment due pursuant to a contract

for construction that is withheld to ensure full performance of the contract for construction.

     (14)(17) "Staff" means any staff necessary to carry out the powers, functions, and duties of

the board, or the office, including inspectors, hearing officers, and other supportive staff.

     (15)(18) "State" means the state State state of Rhode Island.

     (16)(19) "Structure" means (i) Any commercial building; or (ii) Any building containing

one or more residences and their appurtenances. The board's dispute resolution process shall apply

only to residential structures containing dwelling units, as defined in the state building code, or

residential portions of other types of buildings without regard to how many units any structure may

contain. The board retains jurisdiction and may conduct hearings regarding violations against all

contractors required to be registered or licensed by the board.

     (17) "Substantially" means any violation that affects the health, safety, and welfare of the

general public.

     (18)(20) "Substantial completion" means the stage in the progress of the project when the

work required by the contract for construction with the project owner is sufficiently complete in

accordance with the contract for construction so that the project owner may occupy or utilize the

work for its intended use; provided, further, that "substantial completion" may apply to the entire

project or a phase of the entire project if the contract for construction with the project owner

expressly permits substantial completion to apply to defined phases of the project.

     (21) "Violation" means a violation of any provision of this chapter or the regulations

promulgated hereunder or any order of the board or office.


 

 

 

 

34)

Section

Amended Chapter Numbers:

 

5-65-2

251 and 252

 

 

5-65-2. Exemptions from registration -- Registered agent for service of process.

     (a) The following persons shall be exempt from registration under this chapter:

     (1) A person who is constructing, altering, improving, or repairing his or her own personal

property.

     (2) A person who is constructing, altering, improving, or repairing a structure located

within the boundaries of any site or reservation under the jurisdiction of the federal government.

     (3) A person who furnishes materials, supplies, equipment, or furnishes products and does

not fabricate them into, or consume them, in the performance of the work of a contractor. If the

person wants to file a claim complaint pursuant to this chapter they must be registered pursuant to

this chapter.

     (4) A person working on one structure or project, under one or more contracts when the

price of all of that person's contracts for labor, materials, and all other items is less than five hundred

dollars ($500) and the work is of a casual, minor, or inconsequential nature. This subsection does

not apply to a person who advertises or puts out any sign or card or other device that might indicate

to the public that the person is a contractor.

     (5) This section does not apply to a person who constructs or for compensation with the

intent to sell the structure, or who arranges to have constructed a structure to be sold before, upon,

or after completion. It shall be prima facie evidence that there was intent to offer the structure for

sale if the person who constructed the structure or arranged to have the structure constructed does

not occupy the structure for one calendar year after completion.

     (6) A person performing work on a single-dwelling-unit property that person owns,

whether occupied by that person or not, or a person performing work on that person's residence,

whether or not that person owns the residence. This subdivision does not apply to a person

performing work on a structure owned by that person if the work is performed, in the pursuit of an

independent business, with the intent of offering the structure for sale before, upon, or after

completion.

     (7) A person who performs work subject to this chapter as an employee of a contractor.

     (8) A manufacturer of a mobile home constructed under standards established by the

federal government.

     (9) A person involved in the movement of:

     (i) Modular buildings or structures other than mobile homes not in excess of fourteen feet

(14') in width.

     (ii) Structures not in excess of sixteen feet (16') in width when these structures are being

moved by their owner if the owner is not a contractor required to be registered under this chapter.

     (10) Any person or business entity licensed by the state employing licensed trades persons

as defined by chapters 6, 20, and 56 of this title, and chapters 26 and 27 of title 28 and working

within the purview of the license issued by the governing agency shall be exempt from all the

provisions of this chapter except § 5-65-7, requiring insurance. A valid certificate of insurance shall

be required to be maintained by the licensing agency during the terms of the issuance date of the

license as a condition for a valid license. Failure of the licensee to maintain this insurance shall

result in loss of license pursuant to requirements of statutes governing the licensing authority.

     (b) No registration shall be issued to a nonresident contractor until he or she has filed with

the board a power of attorney constituting and appointing a registered agent upon whom all

processes in any action or legal proceeding against him or her may be served, and in the power of

attorney agrees that any lawful process against him or her that may be served upon his or her

registered agent is of the same force and validity as if served on the nonresident contractor, and that

the force continues irrevocably in force until such time as the board has been duly notified in writing

of any change to that status.


 

 

 

 

35)

Section

Amended Chapter Numbers:

 

5-65-3

251 and 252

 

 

5-65-3. Registration for work on a structure required of contractor -- Issuance of

building permits to unregistered or unlicensed contractors prohibited -- Evidence of activity

as a contractor -- Duties of contractors.

     (a)(1) A person shall not undertake, offer to undertake, or submit a bid to do work as a

contractor on a structure or arrange to have work done unless that person has a current, valid

certificate of registration for all construction work issued by the board. A partnership, corporation,

limited liability company, or joint venture may do the work; offer to undertake the work; or submit

a bid to do the work only if that partnership, corporation, limited liability company, or joint venture

is registered for the work. In and in the case of registration by a corporation, limited liability

company, joint venture, or partnership, an individual shall be designated to be responsible for the

corporation's, company's, joint venture's, or partnership's work. The corporation, limited liability

company, joint venture, or partnership and its individual designee shall be jointly and severally

liable and responsible for the payment of the registration fee, as required in this chapter, and for

compliance with all requirements and violations of any provisions of this chapter and the

regulations promulgated thereunder. Disciplinary action taken on a registration held by a

corporation, partnership, limited liability company, joint venture, individual, or sole proprietor may

affect other registrations held by the same corporation, partnership, limited liability company, joint

venture, individual, or sole proprietorship, and may shall also be grounds for the board or office to

deny and preclude future registration by any corporation, partnership, limited liability company,

joint venture, individual, or sole proprietorship where the disciplined registrant and the applicant

for registration have an individual the principal of that business entity and/or responsible designee

in common.

     (b) A registered partnership, limited liability company, or corporation shall notify the board

in writing immediately upon any change in partners or corporate officers.

     (c) A city, town, or the state shall not issue a building permit to anyone required to be

registered under this chapter who does not have a current, valid certificate of registration

identification card or valid license that shall be presented at the time of issuance of a permit and

shall become a condition of a valid permit. Each city, town, or the state that requires the issuance

of a permit as a condition precedent to construction, alteration, improvement, demolition,

movement, or repair of any building or structure or the appurtenance to the structure shall also

require that each applicant for the permit as a condition to issuing the permit, is registered under

the provisions of this chapter, giving the number of the registration and stating that the registration

is in full force and effect, or, if the applicant is exempt from the provisions of this chapter, listing

the basis for the exemption. The city, town, or the state shall list the contractor's registration number

on the permit obtained by that contractor, and if a homeowner is issued a permit, the building

inspector or official must ascertain registration numbers of each contractor on the premises and

shall inform the registration board of any non-registered contractors performing work at the site.

     (d) Every city and town that requires the issuance of a business license as a condition

precedent to engaging, within the city or town, in a business that is subject to regulation under this

chapter, shall require that each licensee and each applicant for issuance or renewal of the license

file, or has on file, with the city or town a signed statement that the licensee or applicant is registered

under the provisions of this chapter and stating that the registration is in full force and effect.

     (e) It shall be prima facie evidence of doing business as a contractor when a person for that

person's own use performs, employs others to perform, or for compensation and with the intent to

sell the structure, arranges to have performed any work described in § 5-65-1(4) if within any one

twelve-month (12) period that person offers for sale one or more structures on which that work was

performed.

     (f) Registration under this chapter shall be prima facie evidence that the registrant conducts

a separate, independent business.

     (g) The provisions of this chapter shall be exclusive and no city or town shall require or

shall issue any registrations or licenses nor charge any fee for the regulatory registration of any

contractor registered with the board. Nothing in this subsection shall limit or abridge the authority

of any city or town to license and levy and collect a general and nondiscriminatory license fee

levied upon all businesses, or to levy a tax based upon business conducted by any firm within the

city or town's jurisdiction, if permitted under the laws of the state.

     (h)(1) Every contractor shall maintain a list that shall include the following information

about all subcontractors or other contractors performing work on a structure for that contractor:

     (i) Names and addresses; and

     (ii) Registration numbers or other license numbers.

     (2) The list referred to in subsection (h)(1) of this section shall be delivered to the board

within twenty-four (24) hours after a request is made during reasonable working hours, or a fine of

twenty-five dollars ($25.00) may be imposed for each offense.

     (i) The following subcontractors who are not employees of a registered contractor must

obtain a registration certificate prior to conducting any work: (1) Carpenters, including finish

carpenters and framers; (2) Siding installers; (3) Roofers; (4) Foundation installers, including

concrete installers and form installers; (5) Drywall installers; (6) Plasterers; (7) Insulation installers;

(8) Ceramic tile installers; (9) Floor covering installers; (10) Swimming pool installers, both above

ground and in ground; (11) Masons, including chimney installers, fireplace installers, and general

masonry erectors; (12) Hardscape installers; (13) Power washers who perform work on structures;

and (14) Painters. This list is not all inclusive and shall not be limited to the above-referenced

contractors. No subcontractor licensed by another in-state agency pursuant to § 5-65-2 shall be

required to register, provided that said work is performed under the purview of that license.

     (j) A contractor including, but not limited to, a general contractor, shall not hire any

subcontractor or other contractor to work on a structure unless the contractor is registered under

this chapter or exempt from registration under the provisions of § 5-65-2.

     (k) A summary of this chapter, prepared by the board and provided at cost to all registered

contractors, shall be delivered by the contractor to the owner when the contractor begins work on

a structure; failure to comply may result in a fine.

     (l) The registration number of each contractor shall appear in any advertising by that

contractor. Advertising in any form by an unregistered contractor shall be prohibited, including

alphabetical or classified directory listings, vehicles, business cards, and all other forms of

advertisements. The violations may result in a penalty being assessed by the board per

administrative procedures established.

     (i) The board may publish, revoke, or suspend registrations and the date the registration

was suspended or revoked on a quarterly basis.

     (ii) Use of the word "license" in any form of advertising when only registered may subject

the registrant or those required to be registered to a fine of one hundred dollars ($100) for each

offense at the discretion of the board.

     (m) The contractor must see that permits required by the state building code are secured on

behalf of the owner prior to commencing the work involved. The contractor's registration number

must be affixed to the permit as required by the state building code.

     (n) The board may assess an interest penalty of twelve percent (12%) annually when a

monetary award is ordered by the board.

     (o) All work performed, including labor and materials, in excess of one thousand dollars

($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this

subsection shall include a location on or near the signature-line location on or in which the parties

to the contract shall initial to evidence the receipt of certain consumer education materials

disclosures and or information approved and provided by the board to the contractor. The

educational materials and/or information shall include, but not be limited to, required pursuant to

regulations promulgated by the board and the following notice and shall be provided by the

contractor to the homeowner:

NOTICE OF POSSIBLE MECHANIC'S LIEN

     To: Insert name of owner, lessee, or tenant, or owner of less than the simple fee simple.

     The undersigned is about to perform work and/or furnish materials for the construction,

erection, alterations, or repair upon the land at (INSERT ADDRESS) under contract with you. This

is a notice that the undersigned and any other persons who provide labor and materials for the

improvement under contract with the undersigned may file a mechanic's lien upon the land in the

event of nonpayment to them. It is your responsibility to assure yourself that those other persons

under contract with the undersigned receive payment for their work performed and materials

furnished for the construction, erection, alteration, or repair upon the land.

     Failure to adhere to the provisions of this subsection may result in a one-thousand-dollar

fine ($1,000) against the contractor and shall not affect the right of any other person performing

work or furnishing materials of claiming a lien pursuant to chapter 28 of title 34. However, the

person failing to provide the notice shall indemnify and hold harmless any owner, lessee, or tenant,

or owner of less than the fee simple, from any payment or costs incurred on account of any lien

claims by those not in privity with them, unless the owner, lessee, or tenant, or owner of less than

the fee simple, shall not have paid such person.

     (p) Contracts entered into must contain notice of right of rescission as stipulated in all

pertinent Rhode Island consumer protection laws and/or § 5-65-27, if applicable.

     (q) The contractor must stipulate whether or not all the proper insurances are in effect for

each job contracted.

     (r) Contractors who are in compliance with the provisions of this section shall be exempt

from A notice of possible mechanic's lien given in accordance with the requirements of § 34-28-

4.1 shall satisfy the notice of possible mechanic's lien required pursuant to subsection (o) of this

section.

     (s) In addition to the requirements of this chapter, contractors engaged in well-drilling

activities shall also be subject to regulations pertaining to licensing and registration promulgated

by the contractors' registration and licensing board pursuant to chapter 65.2 of this title and § 46-

13.2-4.


 

 

 

 

 

 

 

 

 

 

 

 

 

36)

Section

Amended Chapter Numbers:

 

5-65-5

251 and 252

 

 

5-65-5.  Application for registration -- Continuing education.

     (a) A person who wishes to register as a contractor shall submit an application upon a form

in a manner as prescribed by the board or office. The application shall include:

     (1) Workers' compensation insurance account number, or company name if a number has

not yet been obtained, if applicable;

     (2) Unemployment insurance account number, if applicable;

     (3) State withholding tax account number, if applicable;

     (4) Federal employer identification number, if applicable, or if self-employed and

participating in a retirement plan;

     (5)(i) The individual(s) name and business address and residential address of:

     (A) Each partner or venturer, if the applicant is a partnership or joint venture;

     (B) The owner, if the applicant is an individual proprietorship;

     (C) The corporation corporate officers, members, and managers and a copy of corporate

papers filed with the Rhode Island secretary of state's office, if the applicant is a corporation;

     (ii) Post office boxes are not acceptable as the only address;

     (6) A statement as to whether or not the applicant has previously applied for registration,

or is or was an officer, manager, member, partner, or venturer of an applicant who previously

applied for registration and if so, the name of the corporation, limited liability company,

partnership, or venture; and

     (7) Valid insurance certificate for the type of work being performed and as required under

§ 5-65-7.

     (b) A person may be prohibited from registering or renewing a registration as a contractor

under the provisions of this chapter or his or her registration may be revoked or suspended if he or

she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts, or

administrative agency against him or her relating to his or her work as a contractor, and provided,

further, that a statement shall be provided to the board attesting to the information herein.

     (c) Failure to provide or falsified information on an application, or any document required

by this chapter, is punishable by a fine not to exceed ten thousand dollars ($10,000) or and/or denial

or revocation of the registration, or both.

     (d) An applicant must be at least eighteen (18) years of age.

     (e) For new applications, satisfactory proof shall be provided to the board evidencing the

completion of five (5) hours of preregistration education units as determined by the board pursuant

to established regulations.

     (e)(f) For renewal applications, satisfactory Satisfactory proof shall be provided to the

board evidencing the completion of two and one-half (2.5) hours of continuing education units that

will be required to be maintained by residential contractors as a condition of registration as

determined by the board pursuant to established regulations.

     (f)(g) A certification in a form issued by the board shall be completed upon registration or

license or renewal to ensure contractors are aware of certain provisions of this law and shall be

signed by the registrant before a registration can be issued or renewed.


 

 

 

 

 

 

 

 

 

 

37)

Section

Amended Chapter Numbers:

 

5-65-6

251 and 252

 

 

5-65-6. Contractor to notify of address change -- Effect of mail to last known address.

     It is the duty of a contractor to notify the board in writing of any change of address while

registered and for one year following the date the contractor's registration expires or becomes

inactive. The contractor shall notify the board in writing within ten (10) days of the date upon which

the change of address occurs. Any proposed or final order or notice of hearing directed by the board

or office to the last-known address of record shall be considered delivered and deemed served when

deposited in the United States mail and/or sent registered or certified or post office receipt secured.

Any other communication directed by the board or office to the last-known address of record shall

be considered delivered when deposited in the United States mail, regular mail.


 

 

 

 

38)

Section

Amended Chapter Numbers:

 

5-65-7

251 and 252

 

 

5-65-7. Insurance required of contractors.

     (a) Throughout the period of registration, the contractor shall have in effect public liability

and property damage insurance covering the work of that contractor that shall be subject to this

chapter in not less than the following amount: five hundred thousand dollars ($500,000) combined

single limit, bodily injury and property damage.

     (b) In addition, all contractors shall have in effect workers' compensation insurance as

required under chapter 29 of title 28. Failure to maintain required insurance shall not preclude

claims from being filed against a contractor.

     (c) The contractor shall provide satisfactory evidence to the board at the time of registration

and renewal that the insurance required by subsection subsections (a) and (b) of this section has

been procured and is in effect. Failure to maintain insurance shall invalidate registration and may

result in a fine to the registrant and/or suspension or revocation of the registration.


 

 

 

 

39)

Section

Amended Chapter Numbers:

 

5-65-8

251 and 252

 

 

5-65-8.  Term of registration – Renewal.

     (a) A certificate of registration shall be valid for one (1) year from the date of issuance

unless the registration is revoked or suspended as described in § 5-65-10. It may be renewed by the

same procedure provided for an original registration upon application and furnishing of any

additional supplemental information that the board may require by rule.

     (b) The board shall issue a pocket-card certificate of registration to a contractor registered

under this chapter including a picture of the registrant as prescribed by the board in the rules and

regulations. The Rhode Island department of administration, division of motor vehicles, shall, upon

the board's request, provide electronic copies of the digital photos of any registrant under this

chapter on record to be incorporated into the contractors' registration data bank to match the drivers'

licenses or IDs provided by registrants or applicants unless the applicant provides written

notification to the board to the contrary.

     (c) The board may vary the dates of registration renewal by giving to the registrant written

notice of the renewal date assigned and by making appropriate adjustments in the renewal fee.

     (d) The presentation of the registration or license identification card shall be mandatory at

the time of permit application.

     (e) If a registrant files in bankruptcy court, the board must be notified in writing by the

registrant and kept informed of the status of the case until dismissed, discharged, or resolved in

court.


 

 

 

 

40)

Section

Amended Chapter Numbers:

 

5-65-9

251 and 252

 

 

5-65-9. Registration fee -- Report.

     (a) Each applicant shall pay to the board:(1) For for original registration or renewal of

registration, a fee of one hundred and fifty dollars ($150).

     (2) A fee for all changes in the registration, as prescribed by the board, other than those

due to clerical errors.

     (b) All fees and fines collected by the board shall be deposited as general revenues to

support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all All

fees and fines collected by the board shall be deposited into a restricted-receipt account for the

exclusive use of supporting programs established by this chapter.

     (c) On or before January 15, 2018, and annually thereafter, the board shall file a report with

the speaker of the house and the president of the senate, with copies to the chairpersons of the house

and senate finance committees, detailing:

     (1) The total number of fines issued, broken down by category, including the number of

fines issued for a first violation and the number of fines issued for a subsequent violation;

     (2) The total dollar amount of fines levied;

     (3) The total amount of fees, fines, and penalties collected and deposited for the most

recently completed fiscal year; and

     (4) The account balance as of the date of the report.

     (d) Each year, the department of business regulation shall prepare a proposed budget to

support the programs approved by the board. The proposed budget shall be submitted to the board

for its review. A final budget request shall be submitted to the legislature as part of the department

of business regulation's annual request.

     (e) New or renewal registrations may be filed online or with a third party approved by the

board, with the additional cost incurred to be borne by the registrant.


 

 

 

 

41)

Section

Amended Chapter Numbers:

 

5-65-10

251 and 252

 

 

5-65-10. Grounds for discipline -- Injunctions.

     (a) The board or office may revoke, suspend, or refuse to issue, reinstate, or reissue a

certificate of registration if the board or office determines, after notice and opportunity for a

hearing:

     (1) That the registrant or applicant has violated § 5-65-3 or any other provision of this

chapter or the regulations promulgated thereunder.

     (2) That the insurance required by § 5-65-7 is not currently in effect.

     (3) That the registrant, licensee, or applicant has engaged in conduct as a contractor that is

dishonest or fraudulent that the board or office finds injurious to the welfare of the public.

     (4) Has violated a rule or order of the board.

     (5) That the registrant has knowingly assisted an unregistered person to act in violation of

this chapter or the regulations promulgated thereunder.

     (6) That a lien was filed on a structure under chapter 28 of title 34 because the registrant or

applicant wrongfully failed to perform a contractual duty to pay money to the person claiming the

lien.

     (7) That the registrant has substantially violated state or local building codes.

     (8) That the registrant has made false or fraudulent statements on his or her application.

     (9) That a registrant has engaged in repeated acts in violation of this chapter and the board's

rules and regulations inclusive of substandard workmanship and any misuse of registration.

     (10) The board or office may take disciplinary action against a contractor who performed

work, or arranged to perform work, while the registration was suspended, invalidated, or revoked.

Deposits received by a contractor and ordered returned are not considered a monetary award when

no services or supplies have been received.

     (11) That the registrant breached a contract.

     (12) That the registrant performed negligent and/or improper work.

     (13) That the registrant contractor has advertised with a license number instead of using a

registration number when only registered.

     (14) That the registrant has failed to complete a project(s) for construction or willfully

failed to comply with the terms of a contract or written warranty.

     (15) That the registrant has misrepresented his or her registration status as valid when the

registration was suspended, revoked, invalidated, inactive, or unregistered as required by the board.

     (16) That the registrant has failed to pay a fine or comply with any order issued by the

board or office.

     (17) That the registrant has failed to obtain or maintain the required continuing

education/units required by the board, or failed to sign the statement required by the board for

registration or renewal.

     (18) When a violation for hiring a nonregistered contractor, working as a nonregistered

contractor, or not maintaining the insurance required is issued, the board or office may suspend the

registration may become invalidated until the violation is resolved to the satisfaction of the board

or office or otherwise through the administrative hearing is requested on this offense proceeding.

     (19) That the registrant has violated any of the provisions of chapter 3 of title 25; chapter

3, 12, 14, 36, or 50 of title 28; or chapter 13 of title 37. A finding that the registrant has violated

any of those chapters shall not be grounds for imposition of a monetary penalty under subsection

(c) below.

     (b) Subject to providing notice and an opportunity for a hearing, in In addition to all other

remedies, when it appears to the board or office has reason to believe that a person has engaged in,

or is engaging in, any act, practice, or transaction that violates the provisions of this chapter or the

regulations promulgated thereunder, the board or office may direct order such person to cease and

desist from the violation or request the attorney general to apply to the court for an injunction

restraining the person from violating the provisions of this chapter. An injunction shall not be issued

for failure to maintain the list provided for in § 5-65-3(h) unless the court determines that the failure

is intentional.

     (c) Subject to providing notice and an opportunity for a hearing:

     (1) For each first violation of a particular section of this chapter or any rule or regulation

promulgated by the board, a fine not to exceed five thousand dollars ($5,000) may be imposed after

a hearing by the board. Provided, further, that the board, at its discretion, may, after a hearing,

impose an additional fine up to but not to exceed the face value of the contract or the actual damages

caused by the contractor, whichever shall be greater. Where the claim is for actual damages, the

board shall require proof satisfactory to the board indicating the damages. Where corrective work

is completed as ordered by the board and/or if restitution is made to the person for whom the work

was to be performed, the fine assessed may be reduced as determined by the board. Fines and

decisions on claims or for violations, inclusive of monetary awards, can may be imposed against

registered contractors, as well as contractors those persons required to be registered, by the board.

     (2) For each subsequent violation of a particular subsection of this chapter or of a rule or

regulation promulgated by the board, a fine not to exceed ten thousand dollars ($10,000) may be

imposed. after a hearing by the board. All fines collected by the board shall be deposited as general

revenues until June 30, 2008, to be used to enforce the provisions of this chapter. Beginning July

1, 2008, all All fines collected by the board shall be deposited into a restricted-receipt account to

be used to enforce the provisions of this chapter.

     (3) For the first a violation of § 5-65-3, only for nonregistered contractors, a fine of up to

five thousand dollars ($5,000) for a first offense and up to ten thousand dollars ($10,000) for each

subsequent offense shall be imposed.

     (d) In any decision following a hearing, the The hearing officer, upon rendering a

conclusionboard, or office may require the registrant, in addition to or in lieu of a fine, to attend

continuing education courses as appropriate. Failure to adhere to the requirement may result in

immediate revocation of the registration.

     (e) The expiration of a registration by operation of law or by order or decision of the board,

the office, or a court, or the voluntary surrender of registration by the registrant, does not deprive

the board or office of jurisdiction of an action or disciplinary proceeding against the registrant, or

to render a decision suspending or revoking a registration.

     (f)(1) In emergency situations, when a registrant is acting to the detriment of the health,

welfare, and safety of the general public, the director of the department of business regulation, or

the director's designee, may revoke or suspend a registration without a hearing for just cause for a

period of thirty (30) days.

     (2) A registration revocation or suspension in an emergency situation may be extended

beyond thirty (30) days after notice and opportunity for a hearing.

     (g) A registrant may petition the board to partially or completely expunge his or her record

provided that notice of the expungement proceedings has been provided to the claimant who was

the subject of the violation. For purposes of this subsection, "notice" shall consist of a mailing to

the last-known address of the claimant and need not be actual notice and the board may grant or

deny such petition in its sole discretion.

     (h) Any person or contractor, registered or not, who or that uses another contractor's

registration, contractor's registration identification card, or allows another person to use their

contractor's registration fraudulently in any way, will be subject to a fine not exceeding ten

thousand dollars ($10,000).

     (i) When the use of fraudulent advertising entices is used to entice an individual to hire an

unregistered contractor, a fine of up to ten thousand dollars ($10,000) may be imposed on the

unregistered contractor by the board or office.

     (j) It shall be unlawful to retain If a social security number or copy of the driver's license

is received from a registrant by a building official as a condition of obtaining a permit, such

information shall be maintained in accordance with applicable law.

     (k) The board is further authorized upon certain findings or violations to:

     (1) Put a lien on property held by a contractor.

     (2) Take action on registrant when the continuing-education requirements have failed to be

attained as required in rules and regulations.

     (3)(k) When upon investigation a complaint reveals: serious code infractions; unsatisfied

mechanic's liens; abandonment of a job for a substantial period of time without apparent cause; or

any other conduct detrimental to the public, the board can double the fines.

     (4) Suspend, revoke, or refuse to issue, reinstate, or reissue a certificate of registration to

any registrant who has contracted, advertised, offered to contract, or submitted a bid when the

contractor's registration is suspended, revoked, invalidated, inactive, or unregistered as required by

the board.

     (l) No person shall register as a contractor with the contractors' registration board for the

purpose of deceiving or circumventing the registration process by enabling a person whose

registration has been suspended or revoked to conduct business. Provided, further however, that

any person who, in good faith, relies on the board or the contractor's registration board's website

for information regarding the registration status of another, shall be exempt from violations

pursuant to this section if the information provided by the board is not correct. Violators of this

section shall be jointly and individually liable and responsible for violations and for damages

resulting from their activities as contractors pursuant to this chapter. Violations of this subsection

may result in a suspension or revocation of registration and/or fines not to exceed ten thousand

dollars ($10,000) and/or up to one year in jail. Furthermore, the director of the department of

business regulation, or the director's designee, shall require that all applicants for registration shall

sign a statement that they are aware of this provision and its implications.

     (m) Upon receipt of notice of a final determination, after the exhaustion of all appeals, by

the department of labor and training, consent agreement, or court order that a registered contractor

violated any of the provisions of chapter 3 of title 25; chapter 3, 12, 14, 36, or 50 of title 28; or

chapter 13 of title 37 and owes any wages, benefits, or other sums arising out of the violation, the

board shall immediately suspend the contractor's registration of the contractor in accordance with

this subsection. The suspension shall continue until all wages, benefits, or other sums owed have

been paid or the contractor has entered into a written, binding agreement to pay the same acceptable

to the department of labor and training and is not in default in of payment under the agreement. If

the contractor fails to remain current in payment under the agreement, the department of labor and

training shall notify the contractors' registration board and the suspension shall be imposed or

reinstated, as the case may be. The foregoing sanction is mandatory, but shall not be grounds for

imposition of a monetary penalty under subsection (c) above.

     (n) When the registration of a contractor has been revoked or suspended, neither the

contractor nor any successor entity or sole proprietorship that: (1) Has one or more of the same

principals or officers as the partnership, limited partnership, limited-liability partnership, joint

venture, limited-liability company, corporation, or sole proprietorship as the subject contractor; and

(2) Is engaged in the same or equivalent trade or activity shall be qualified to register, apply, renew,

or retain a registration as a contractor under this chapter, unless and until the board or office shall

determine that the basis of the revocation or suspension has been satisfied or removed and that the

registrant or applicant otherwise satisfies the requirements for registration under this chapter.

Notwithstanding the foregoing, a natural person may obtain relief from the application and

enforcement of this subsection as to him or her if he or she can establish that he or she was not

responsible for, and did not acquiesce to, the misconduct that is the basis of the revocation,

suspension, or denial of registration.

 


 

 

 

 

42)

Section

Amended Chapter Numbers:

 

5-65-11

251 and 252

 

 

5-65-11.  Submission of complaints.

     (a) The board and office shall only accept and make determinations of the following types

of claims for damages against contractors registered or required to be registered. This section shall

apply to and consider complaints for purposes of determining whether registered contractors or

other persons who are required to be registered have violated the provisions of this chapter or the

regulations promulgate promulgated thereunder. This includes complaints that contain the

following types of claims:

     (1) Claims against a contractor by the owner of a structure for residential dwelling unit

asserting the following in performing any work subject to this chapter:

     (i) Negligent work;

     (ii) Improper work;

     (iii) Breach of contract; or

     (iv) Contract disputes.

     (2) Claims against a contractor by the owner of a structure to discharge or to recoup funds

expended in discharging a lien established under chapter 28 of title 34 and under circumstances

described under this subsection. The board may reduce any amount adjudged by the board under

this section by any amount the claimant owes the contractor. The board shall only determine claims

under this subsection if:

     (i) The owner has paid the contractor for that contractor's work subject to this chapter; and

     (ii) A lien is filed against the structure of the owner under chapter 28 of title 34 because

the contractor failed to pay the person claiming the lien for that person's contribution toward

completion of the structure.

     (3) Claims against a registered contractor by a registered contractor for asserting the

following in performing any work subject to this chapter:

     (i) Negligent work;

     (ii) Improper work;

     (iii) Breach of contract;

     (iv) Furnishing labor or material or renting or supplying equipment to a contractor; or

     (v) Contract dispute.

     (4) Claims by an employee of a registered contractor.

     (5) If at a hearing the contractor's registration number is not on the contract, or recession

clause when required by law, or mechanic's lien notice; the registrant shall be subject to a fine.

     (6) If a settlement/agreement reached by the parties, or payment plan is breached, the board

may hold an administrative hearing to suspend or revoke the contractors' registration, impose a

fine, and provide monetary relief.

     (b) While the board and office will accept complaints for purposes of determining

violations and taking enforcement action against registrants and other persons pursuant to the

provisions of this chapter, the board and office will not adjudicate any complainant claims, causes

of action, or rights or remedies, contractual or otherwise, or order payment of monetary damages,

other monetary relief, specific performance, or other contractual or equitable remedies or relief to

or for a complainant.

     (c) Nothing in this section shall alter or impair the ability of a registrant or other person

who violates the provisions of this chapter from entering into a consensual agreement or order with

the board or office that includes performance of work and/or restitution to a complainant in

consideration and as a condition of such consensual resolution of proceedings.


 

 

 

 

43)

Section

Amended Chapter Numbers:

 

5-65-12

251 and 252

 

 

5-65-12. Procedure for making a complaint against a contractor -- Investigation by board --

Disciplinary action.

     (a) Any person having a claim complaint against a contractor of the type referred to in § 5-

65-11, may file with the board a statement of the claim complaint in any a form and with any fee

that the board prescribes. The filing fee may be reimbursed to the claimant by the respondent, if

the respondent is found to be at fault. Claims Complaints resolved prior to issuance of an order may

be removed from the contractors' registration board record pursuant to administrative regulations.

     (1) All claims complaints filed with the contractors' registration board shall be heard

processed by a designated hearing officer, unless either party prior to the administrative hearing,

files a civil action on the matter in a state court. Upon receipt of a written notice and a copy of the

filed civil complaint the office or the board for purposes of determining any violations as described

in this chapter. In the event a complainant or contractor files a civil action with respect to the matter,

the board shall may discontinue processing the claim If documentation is not received, the hearing

will be conducted. complaint; provided, however, that nothing herein shall preclude the board or

office from continuing investigation and enforcement proceedings with respect to any violations of

this chapter or the regulations promulgated thereunder.

     (2) The commencement of a civil or criminal action and/or issuance of a A court judgment

may constitute the basis for regulatory action against a contractor's registration, which may result

in the imposition of fines and penalties. A petition to enforce a mechanic's lien does not necessarily

constitute a civil action for purposes of this section.

     (b) The board may refuse to accept, or refuse at any time to continue processing a claim

complaint or determine to hold a complaint in abeyance, if:

     (1) The same facts and issues involved in the claim complaint have been submitted to any

other entity authorized by law or the parties to effect a resolution and and/or settlement;

     (2) The claimant complainant does not permit the contractor against whom the claim

complaint is filed to be present at any inspection made by the board;

     (3) The board determines that the contractor against whom the claim complaint is filed is

capable of complying with the any recommendations made by the board relative to the claim

complaint, but the claimant complainant does not permit the contractor to comply with the

recommendations. The board may refuse to accept further process of a claim continue processing

a complaint under this paragraph only if the contractor was registered at the time the work was first

performed and is registered at the time the board makes its recommendations; or

     (4) The board or office determines that the nature, or complexity, or amount in controversy

of the claim complaint is such that a court is the appropriate forum for the adjudication of the claim

complaint.

     (c) The board shall not process a claim complaint unless it is filed in a timely manner as

follows:

     (1) If the owner of a new structure files the claim complaint, the board must receive the

claim complaint not later than one year after the date the structure was first occupied as determined

from the date of issuance of the certificate of occupancy, or one year after the date of the closing

on the structure, whichever occurs later.

     (2) If the owner of an existing structure files the claim complaint, the board must receive

the claim complaint not later than one year after the date the work was substantially completed as

determined by the certificate of occupancy, or the date that work ceased.

     (3) Regardless of whether the claim complaint involves a new or existing structure, if the

owner files the claim complaint because the contractor failed to begin the work pursuant to a written

contract, the board must receive the claim complaint not later than one year after the date the parties

entered into a written contract.

     (4) Regardless of whether the claim complaint involves a new or existing structure, if the

owner files a claim complaint because the contractor failed to substantially complete the work, the

board must receive the claim complaint not later than one year after the date the contractor ceased

work on the structure.

     (5) If a registered general contractor files the claim a complaint against a registered

subcontractor because the subcontractor failed to substantially complete the work, the board must

receive the claim complaint not later than one year after the date the subcontractor ceased to work

on the structure.

     (6) If a material or equipment supplier, an employee, or a registered subcontractor files the

claim complaint, the board must receive the claim complaint not later than one year after the date

the registrant incurred the indebtedness.

     (7) The complainant will notify the board if after submission of the complaint, any

corrective work is performed to resolve the complaint. Any corrective work performed to resolve

claim complaint shall be the responsibility of the contractor for one year beyond the completion

date but only for corrective work performed.

     (d) Upon acceptance of the statement of claim claimant complaint, the board shall give

notice to the party against whom the claim complaint is made and shall initiate proceedings to

determine the validity of the claim complaint. If, after investigation, the board determines that a

violation of this chapter or of any rule promulgated under this chapter has occurred, the board shall

order take any action deemed appropriate, including action on the contractor's registration and

compensation to the claimant for any damages incurred as the result of the violation or claim. If the

contractor performs accordingly, the board shall give that fact due consideration in any subsequent

disciplinary proceeding brought by the board and/or imposition of fines pursuant to § 5-65-10;

provided, that the board shall suspend for a period of one year the certification of any registrant

who is found by final determination to have willfully and knowingly violated any provisions of this

chapter with respect to three (3) or more structures within a one-year period.

     (e) In any action brought by a person under this chapter, the board may award, in addition

to the relief provided in this section, treble damages, reasonable attorney's fees and costs, and any

award for service of process costs pursuant to § 5-65-26.

     (f) Notwithstanding any language limiting an action pursuant to this chapter, whenever a

consumer shall notify, in writing, a contractor of any problem with work performed by a contractor

or subcontractor within one year of the completion of the work and the problem has not been

corrected by the contractor or subcontractor, the aggrieved party shall have up to two (2) years one

year from the date of completion of the contractor's work to file a claim complaint with the

contractors' registration board. The two-year (2) one-year period shall not be construed as an

extension of any one-year warranty period expressed in any contract.


 

 

 

 

44)

Section

Amended Chapter Numbers:

 

5-65-13

251 and 252

 

 

5-65-13. Nonlawyer may represent corporation before board.

     A corporation or limited liability company that is registered or required to be registered as

a contractor under this chapter and that is a party in any proceeding before the board or any

representative of a party or office may appear or be represented in the proceeding by an officer of

the corporation who is not a member of the state bar; provided such officer provides satisfactory

documentation and attestation to the board confirming that such officer is the sole owner, officer,

director, manager, member of the corporation or limited liability company.


 

 

 

45)

Section

Amended Chapter Numbers:

 

5-65-14

251 and 252

 

 

5-65-14.  Contractors’ registration and licensing board -- Members -- Terms --

Confirmation -- Vacancies -- Qualification.

     (a) The board shall consist of seventeen (17) members appointed by the governor, at least

ten (10) of whom shall be registered contractors, of which. Of the seventeen (17) members, two

(2) shall be licensed roofers; one shall be a current member of the building codes standards

committee pursuant to § 23-27.3-100.1.4; one shall be a representative of the general public; one

shall be a licensed and practicing architect; and two (2) shall be licensed home inspectors; one who

shall be the president of the Rhode Island Builders Association or designee; one shall be the

executive director of the Utility Contractors Association of Rhode Island, or designee; one shall be

the executive director of the Rhode Island Independent Contractors and Associates, or designee;

and one who shall be the executive director of the Rhode Island Association of General Contractors,

or designee. The building code standards committee member shall be designated by the state

building commissioner, and shall be appointed as provided in subsection (b) of this section.

     (b) Except for the The commissioner's designee, the governor shall appoint seven (7)

members for a term of three (3) years and five (5) members for a term of two (2) years. The governor

shall appoint the member designated by the state building commissioner for a term of two (2) years.

Each member reappointed by the governor shall serve for the term of his or her original appointment

and the other members appointed by the governor shall each serve a term of three (3) years. Before

the expiration of the term of a member, the governor shall either reappoint the member or appoint

a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the

governor shall make an appointment immediately effective for the unexpired term. At the

expiration of their terms, members shall remain and shall continue in their official capacity until a

new member is appointed and confirmed.

     (c) In order to be eligible for board membership, the eight (8) ten (10) contractor members

of the board must be registered and/or licensed under this chapter and maintain their registrations

and/or licenses in good standing during their term of office. In order to be eligible for board

membership, the two (2) home inspector members shall be licensed pursuant to chapter 65.1 of this

title and shall maintain their license in good order during their terms of office.


 

 

 

 

46)

Section

Amended Chapter Numbers:

 

5-65-16

251 and 252

 

 

5-65-16. Powers and duties of the board -- Investigatory powers of board -- Use of city

or county inspectors -- Conduct of hearings.

     (a) The board may investigate the activities of any person engaged in the building and

construction industry to determine compliance with this chapter.

     (b) With the assistance of the city or town, the The board may conduct investigations with

the assistance of the local building officials.

     (c) The board has the power to administer oaths; issue notices and subpoenas in the name

of the board; compel the attendance of witnesses and the production of evidence; hold hearings;

and perform any other acts that are reasonably necessary to carry out its duties under this chapter.

     (d) If any person fails to comply with a subpoena issued under subsection (c) or refuses to

testify on matters on which the person may be lawfully interrogated, such person shall be

considered in contempt and the board or director may compel obedience compliance and/or punish

any contempt of the authority in like manner as may be punished in either the supreme or the

superior court.

     (e) The board shall have the authority to hire private investigators or constables to carry

out the duties of this chapter. The costs and expenses incurred by the hiring of private investigators

may be borne by the contractor or nonprevailing party.

     (f) In addition to all powers granted to the board and office under this chapter, the board

and office, and their designees, shall have the power and authority to:

     (1) Award monetary damages and Assess fines as provided by this chapter;

     (2) Order specific performance of any contract; and

     (3) Provide any other relief and/or remedy provided by this chapter and the contractors'

registration board's rules and regulations.

     (g) The board may, at its discretion, require any contractor who has had action taken against

his/her registration to obtain a bond not to exceed thirty thousand dollars ($30,000) in such amount

as determined by the board.


 

 

 

 

 

 

 

 

 

 

47)

Section

Amended Chapter Numbers:

 

5-65-19

251 and 252

 

 

5-65-19. Penalty for operating without a registration -- Failure to comply with a final order

or decision -- Repeat  offenses.

     In addition to any other penalties provided under this chapter:

     (a) (1) Any person who fails to register as a contractor as adjudged in a final order issued

by the board, upon proper written notification, is deemed guilty of a misdemeanor and, upon

conviction, shall be imprisoned for a term not exceeding one year, fined not more than one thousand

dollars ($1,000), or both, for a first or second offense. A third or subsequent violation of this

subsection chapter by a person for failure to register as a contractor is to be deemed a felony and,

upon conviction, the violator shall be imprisoned for a term not exceeding two (2) years, fined not

more than two thousand dollars ($2,000), or both.

     (b) (2) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is not more than five

thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

one thousand dollars ($1,000), or both.

     (c) (3) Any person who violates a final order of the board where the monetary total of the

order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

($5,000) or more, upon written notification, is deemed guilty of a felony and, upon conviction, shall

be imprisoned for a term not exceeding ten (10) years, fined not more than ten thousand dollars

($10,000), or both.

     (d) (4) A final order shall be considered delivered when served to a defendant or designated

agent to accept service. In addition to any sentence or fine imposed by the court under subsections

(a), (b), and (c), the court shall order a defendant to comply with any outstanding final order or

decision of the board or office, including any monetary judgment and to pay payment of to the

board any outstanding fine or fines previously imposed by the board or office pursuant to this

chapter.

     (e) (5) If a contractor is a repeat offender with violations of three (3) or more by final orders

or decisions of the board or office, a contractor is found to have committed violations of this chapter

with respect to three (3) or more separate contracts executed by with three (3) separate

individuals/aggrieved parties and the violations are filed occurred within a twenty-four-month (24)

period, the violation violations shall be deemed and prosecuted as a felony and upon conviction the

violator shall be subject to imprisonment for a term not to exceed ten (10) years or fined not more

than ten thousand dollars ($10,000).


 

 

 

 

48)

Section

Amended Chapter Numbers:

 

5-65-20

251 and 252

 

 

5-65-20. Administrative hearings.

     (a) Contested claims or cases, contested enforcement proceedings, and contested

administrative fines shall be heard, in accordance with the administrative procedures act, chapter

35 of title 42, and the administrative regulations promulgated by the board, by the hearings

officer(s) assigned by the director of the department of business regulation or the director's

designee.

     (b) The board has jurisdiction to hear appeals from decisions of the hearing officer(s), and

may by regulation impose a filing fee, not to exceed twenty dollars ($20.00), for any appeal.

     (c) Notwithstanding the preceding, the director of the department of business regulation,

or the director's designee, and the office is authorized to resolve complaints and contested

enforcement or claim proceedings through informal disposition pursuant to regulations

promulgated by the board.


 

 

 

 

49)

Section

Amended Chapter Numbers:

 

5-65-23

251 and 252

 

 

5-65-23. Registration required as part of bidding process.

     Whenever any bid is solicited by the state or any municipality or private party in the state

of Rhode Island, the registration and/or license number of any bidder who is a contractor required

to be registered and/or licensed under the laws of the state of Rhode Island shall be provided by the

bidder. A space on the bid form, quotation, proposal, or other document shall indicate the bid price

to perform the particular work involved and shall also indicate the registration and/or license

number of the contractor, as issued by the state of Rhode Island, to perform that work.


 

 

 

 

50)

Section

Amended Chapter Numbers:

 

5-65-25

251 and 252

 

 

5-65-25. Violations -- Notice.

     The board shall provide, by way of the contractors' registration and licensing board website,

by request, or by any other means approved by the board, a posting of all final decisions and orders

issued by the board, all proposed orders of the board, and any and all hearing notices issued by the

board. Provided, however, that all claims and violations adjudicated in favor of the contractor shall

be removed from the website or publications as soon as practicable.

     Provided however, this shall not prevent the board from expunging a contractor's record

pursuant to established rules and regulations.


 

 

 

 

 

51)

Section

Amended Chapter Numbers:

 

5-65-26

251 and 252

 

 

5-65-26. Notice of final order -- Service of process.

     In any final order or decision of the board or office determining that a contractor has

violated the provisions of this chapter or the regulations promulgated thereunder, the The board or

office is hereby authorized to assess against any the contractor a monetary award to the claimant

the costs of service of process up to but not to exceed one thousand dollars ($1,000) for the costs

of service of process for any final orders of the board when the funds for the service of process

were provided by an aggrieved party under this chapter. The aggrieved party's claim assessment

shall be limited to the actual cost of the service of process or one thousand dollars ($1,000),

whichever is less. The board shall require provide the contractor with proof of costs from the

aggrieved party evidencing the expense for the service of process upon request.


 

 

 

 

52)

Section

Amended Chapter Numbers:

 

5-90

113 and 114

 

 

CHAPTER 90

RYAN'S LAW


 

 

 

 

 

53)

Section

Added Chapter Numbers:

 

5-91

284 and 285

 

 

CHAPTER 91

INTERSTATE MEDICAL LICENSURE COMPACT


 

 

 

 

 

54)

Section

Added Chapter Numbers:

 

5-91-1

284 and 285

 

 

5-91-1. Purpose.

     In order to strengthen access to health care, and in recognition of the advances in the

delivery of health care, the member states of the Interstate Medical Licensure Compact have allied

in common purpose to develop a comprehensive process that complements the existing licensing

and regulatory authority of state medical boards, provides a streamlined process that allows

physicians to become licensed in multiple states, thereby enhancing the portability of a medical

license and ensuring the safety of patients. The compact creates another pathway for licensure and

does not otherwise change a state’s existing medical practice act. The compact also adopts the

prevailing standard for licensure and affirms that the practice of medicine occurs where the patient

is located at the time of the physician-patient encounter, and therefore, requires the physician to be

under the jurisdiction of the state medical board where the patient is located. State medical boards

that participate in the compact retain the jurisdiction to impose an adverse action against a license

to practice medicine in that state issued to a physician through the procedures in the compact.


 

 

 

 

 

 

 

 

 

 

 

 

 

55)

Section

Added Chapter Numbers:

 

5-91-2

284 and 285

 

 

5-91-2. Definitions.

     The terms contained in this chapter shall have the following meanings:

     (1) “Bylaws” means those bylaws established by the interstate commission pursuant to §5-

91-11.

     (2) “Commissioner” means the voting representative appointed by each member board

pursuant to § 5-91-11.

     (3) “Conviction” means a finding by a court that an individual is guilty of a criminal offense

through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence

of an entry of a conviction of a criminal offense by the court shall be considered final for purposes

of disciplinary action by a member board.

     (4) “Expedited license” means a full and unrestricted medical license granted by a member

state to an eligible physician through the process set forth in the compact.

     (5) “Interstate commission” means the interstate commission created pursuant to §5-91-11.

     (6) “License” means authorization by a member state for a physician to engage in the

practice of medicine, which would be unlawful without authorization.

     (7) “Medical practice act” means laws and regulations governing the practice of allopathic

and osteopathic medicine within a member state.

     (8) “Member board” means a state agency in a member state that acts in the sovereign

interests of the state by protecting the public through licensure, regulation, and education of

physicians as directed by the state government.

     (9) “Member state” means a state that has enacted the compact.

     (10) “Practice of medicine” means that clinical prevention, diagnosis, or treatment of

human disease, injury, or condition requiring a physician to obtain and maintain a license in

compliance with the medical practice act of a member state.

     (11) “Physician” means any person who:

     (i) Is a graduate of a medical school accredited by the Liaison Committee on Medical

Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the

International Medical Education Directory or its equivalent;

     (ii) Passed each component of the United State Medical Licensing Examination (USMLE)

or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three

(3) attempts, or any of its predecessor examinations accepted by a state medical board as an

equivalent examination for licensure purposes;

     (iii) Successfully completed graduate medical education approved by the Accreditation

Council for Graduate Medical Education or the American Osteopathic Association;

     (iv) Holds specialty certification or a time-unlimited specialty certificate recognized by the

American Board of Medical Specialties or the American Osteopathic Association’s Bureau of

Osteopathic Specialists;

     (v) Possesses a full and unrestricted license to engage in the practice of medicine issued by

a member board;

     (vi) Has never been convicted, received adjudication, deferred adjudication, community

supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

     (vii) Has never held a license authorizing the practice of medicine subjected to discipline

by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to

non-payment of fees related to a license;

     (viii) Has never had a controlled substance license or permit suspended or revoked by a

state or the United States Drug Enforcement Administration; and

     (ix) Is not under active investigation by a licensing agency or law enforcement authority in

any state, federal, or foreign jurisdiction.

     (12) “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.

     (13) “Rule” means a written statement by the interstate commission promulgated pursuant

to § 5-91-12 of the compact that is of general applicability, implements, interprets, or prescribes a

policy or provision of the compact, or an organizational, procedural, or practice requirement of the

interstate commission, and has the force and effect of statutory law in a member state, and includes

the amendment, repeal, or suspension of an existing rule.

     (14) “State” means any state, commonwealth, district, or territory of the United States.

     (15) “State of principal license” means a member state where a physician holds a license

to practice medicine and which has been designated as such by the physician for purposes of

registration and participation in the compact.


 

 

 

 

 

56)

Section

Added Chapter Numbers:

 

5-91-3

284 and 285

 

 

5-91-3. Eligibility.

     (a) A physician must meet the eligibility requirements as defined in § 5-91-2 to receive an

expedited license under the terms and provisions of the compact.

     (b) A physician who does not meet the requirements of § 5-91-2 may obtain a license to

practice medicine in a member state if the individual complies with all laws and requirements, other

than the compact, relating to the issuance of a license to practice medicine in that state.


 

 

 

 

57)

Section

Added Chapter Numbers:

 

5-91-4

284 and 285

 

 

5-91-4. Designation of state of principal license.

     (a) A physician shall designate a member state as the state of principal license for purposes

of registration for expedited licensure through the compact if the physician possesses a full and

unrestricted license to practice medicine in that state, and the state is:

     (1) The state of principal residence for the physician;

     (2) The state where at least twenty-five percent (25%) of the practice of medicine occurs;

or

     (3) The location of the physician’s employer; or

     (4) If no state qualifies under subsection (1), subsection (2), or subsection (3) of this

section, the state designated as state of residence for purpose of federal income tax.

     (b) A physician may redesignate a member state as state of principal license at any time,

as long as the state meets the requirements of subsection (a) of this section.

     (c) The interstate commission is authorized to develop rules to facilitate redesignation of

another member state as the state of principal license.


 

 

 

 

 

 

 

 

 

 

58)

Section

Added Chapter Numbers:

 

5-91-5

284 and 285

 

 

5-91-5. Application and issuance of expedited licensure.

     (a) A physician seeking licensure through the compact shall file an application for an

expedited license with the member board of the state selected by the physician as the state of

principal license.

     (b) Upon receipt of an application for an expedited license, the member board within the

state selected as the state of principal license shall evaluate whether the physician is eligible for

expedited licensure and issue a letter of qualification, verifying or denying the physician’s

eligibility, to the interstate commission.

     (1) Static qualifications, which include verification of medical education, graduate medical

education, results of any medical or licensing examination, and other qualifications as determined

by the interstate commission through rule, shall not be subject to additional primary source

verification where already primary source verified by the state of principal license.

     (2) The member board within the state selected as the state of principal license shall, in the

course of verifying eligibility, perform a criminal background check of an applicant, including the

use of the results of fingerprint or other biometric data checks compliant with the requirements of

the Federal Bureau of Investigation, with the exception of federal employees who have suitability

determination in accordance with 5 C.F.R. §731.202.

     (3) Appeal on the determination of eligibility shall be made to the member state where the

application was filed and shall be subject to the law of that state.

     (c) Upon verification in subsection (b) of this section, physicians eligible for an expedited

license shall complete the registration process established by the interstate commission to receive

a license in a member state selected pursuant to subsection (a) of this section, including the payment

of any applicable fees.

     (d) After receiving verification of eligibility under subsection (b) of this section and any

fees under subsection (c) of this section, a member board shall issue an expedited license to the

physician.

     This license shall authorize the physician to practice medicine in the issuing state consistent

with the medical practice act and all applicable laws and regulations of the issuing member board

and member state.

     (e) An expedited license shall be valid for a period consistent with the licensure period in

the member state and in the same manner as required for other physicians holding a full and

unrestricted license within the member state.

     (f) An expedited license obtained through the compact shall be terminated if a physician

fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without

redesignation of a new state of principal licensure.

     (g) The interstate commission is authorized to develop rules regarding the application

process, including payment of any applicable fees, and the issuance of an expedited license.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

59)

Section

Added Chapter Numbers:

 

5-91-6

284 and 285

 

 

5-91-6. Fees for expedited licensure.

     (a) A member state issuing an expedited license authorizing the practice of medicine in that

state may impose a fee for a license issued or renewed through the compact.

     (b) The interstate commission is authorized to develop rules regarding fees for expedited

licenses.


 

 

 

 

 

60)

Section

Added Chapter Numbers:

 

5-91-7

284 and 285

 

 

5-91-7. Renewal and continued participation.

     (a) A physician seeking to renew an expedited license granted in a member state shall

complete a renewal process with the interstate commission if the physician:

     (1) Maintains a full and unrestricted license in a state of principal license;

     (2) Has not been convicted, received adjudication, deferred adjudication, community

supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

     (3) Has not had a license authorizing the practice of medicine subject to discipline by a

licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-

payment of fees related to a license; and

     (4) Has not had a controlled substance license or permit suspended or revoked by a state

or the United States Drug Enforcement Administration.

     (b) Physicians shall comply with all continuing professional development or continuing

medical education requirements for renewal of a license issued by a member state.

     (c) The interstate commission shall collect any renewal fees charged for the renewal of a

license and distribute the fees to the applicable member board.

     (d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member

board shall renew the physician’s license.

     (e) Physician information collected by the interstate commission during the renewal

process will be distributed to all member boards.

     (f) The interstate commission is authorized to develop rules to address renewal of licenses

obtained through the compact.


 

 

 

 

 

61)

Section

Added Chapter Numbers:

 

5-91-8

284 and 285

 

 

5-91-8. Coordinated information system.

     (a) The interstate commission shall establish a database of all physicians licensed, or who

have applied for licensure under § 5-91-5.

     (b) Notwithstanding any other provision of law, member boards shall report to the interstate

commission any public action or complaints against a licensed physician who has applied or

received an expedited license through the compact.

     (c) Member boards shall report disciplinary or investigatory information determined as

necessary and proper by rule of the interstate commission.

     (d) Member boards may report any non-public complaint, disciplinary, or investigatory

information not required by subsection (c) of this section to the interstate commission.

     (e) Member boards shall share complaint or disciplinary information about a physician

upon request of another member board.

     (f) All information provided to the interstate commission or distributed by member boards

shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

     (g) The interstate commission is authorized to develop rules for mandated or discretionary

sharing of information by member boards.


 

 

 

 

 

62)

Section

Added Chapter Numbers:

 

5-91-9

284 and 285

 

 

5-91-9. Joint investigations.

     (a) Licensure and disciplinary records of physicians are deemed investigative.

     (b) In addition to the authority granted to a member board by its respective medical practice

act or other applicable state law, a member board may participate with other member boards in

joint investigations of physicians licensed by the member boards.

     (c) A subpoena issued by a member state shall be enforceable in other member states.

     (d) Member boards may share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

     (e) Any member state may investigate actual or alleged violations of the statutes

authorizing the practice of medicine in any other member state in which a physician holds a license

to practice medicine.


 

 

 

 

 

63)

Section

Added Chapter Numbers:

 

5-91-10

284 and 285

 

 

5-91-10. Disciplinary actions.

     (a) Any disciplinary action taken by any member board against a physician licensed

through the compact shall be deemed unprofessional conduct which may be subject to discipline

by other member boards, in addition to any violation of the medical practice act or regulations in

that state.

     (b) If a license granted to a physician by the member board in the state of principal license

is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued

to the physician by member boards shall automatically be placed, without further action necessary

by any member board, on the same status. If the member board in the state of principal license

subsequently reinstates the physician’s license, a license issued to the physician by any other

member board shall remain encumbered until that respective member board takes action to reinstate

the license in a manner consistent with the medical practice act of that state.

     (c) If disciplinary action is taken against a physician by a member board not in the state of

principal license, any other member board may deem the action conclusive as to matter of law and

fact decided, and:

     (1) Impose the same or lesser sanction(s) against the physician as long as such sanctions

are consistent with the medical practice act of that state; or

     (2) Pursue separate disciplinary action against the physician under its respective medical

practice act, regardless of the action taken in other member states.

     (d) If a license granted to a physician by a member board is revoked, surrendered or

relinquished in lieu of discipline, or suspended, then any license(s) issued to the physician by any

other member board(s) shall be suspended, automatically and immediately without further action

necessary by the other member board(s), for ninety (90) days upon entry of the order by the

disciplining board, to permit the member board(s) to investigate the basis for the action under the

medical practice act of that state. A member board may terminate the automatic suspension of the

license it issued prior to the completion of the ninety (90) day suspension period in a manner

consistent with the medical practice act of that state.


 

 

 

 

 

64)

Section

Added Chapter Numbers:

 

5-91-11

284 and 285

 

 

5-91-11. Interstate medical licensure compact commission.

     (a) The member states hereby create the “Interstate Medical Licensure Compact

Commission”.

     (b) The purpose of the interstate commission is the administration of the Interstate Medical

Licensure Compact, which is a discretionary state function.

     (c) The interstate commission shall be a body corporate and joint agency of the member

states and shall have all the responsibilities, powers, and duties set forth in the compact, and such

additional powers as may be conferred upon it by a subsequent concurrent action of the respective

legislatures of the member states in accordance with the terms of the compact.

     (d) The interstate commission shall consist of two (2) voting representatives appointed by

each member state who shall serve as commissioners. In states where allopathic and osteopathic

physicians are regulated by separate member boards, or if the licensing and disciplinary authority

is split between separate member boards, or if the licensing and disciplinary authority is split

between multiple member boards within a member state, the member state shall appoint one

representative from each member board. A commissioner shall be an:

     (1) Allopathic or osteopathic physician appointed to a member board;

     (2) Executive director, executive secretary, or similar executive of a member board; or

     (3) Member of the public appointed to a member board.

     (e) The interstate commission shall meet at least once each calendar year.

     A portion of this meeting shall be a business meeting to address such matters as may

properly come before the commission, including the election of officers. The chairperson may call

additional meetings and shall call for a meeting upon the request of a majority of the member states.

     (f) The bylaws may provide for meetings of the interstate commission to be conducted by

telecommunication or electronic communication.

     (g) Each commissioner participating at a meeting of the interstate commission is entitled

to one vote. A majority of commissioners shall constitute a quorum for the transaction of business,

unless a larger quorum is required by the bylaws of the interstate commission. A commissioner

shall not delegate a vote to another commissioner. In the absence of its commissioner, a member

state may delegate voting authority for a specified meeting to another person from that state who

shall meet the requirements of subsection (d) of this section.

     (h) The interstate commission shall provide public notice of all meetings and all meetings

shall be open to the public. The interstate commission may close a meeting, in full or in portion,

where it determines by a two-thirds (2/3) vote of the commissioners present that an open meeting

would be likely to:

     (1) Relate solely to the internal personnel practice and procedures of the interstate

commission;

     (2) Discuss matters specifically exempted from disclosure by federal statute;

     (3) Discuss trade secrets, commercial, or financial information that is privileged or

confidential;

     (4) Involve accusing a person of a crime or formally censuring a person;

     (5) Discuss information of a personal nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy;

     (6) Discuss investigative records compiled for law enforcement purposes; or

     (7) Specifically relate to the participation in a civil action or other legal proceeding.

     (i) The interstate commission shall keep minutes which shall fully describe all matters

discussed in a meeting and shall provide a full and accurate summary of actions taken, including

record of any roll call votes.

     (j) The interstate commission shall make its information and official records, to the extent

not otherwise designated in the compact or by its rules, available to the public for inspection.

     (k) The interstate commission shall establish an executive committee, which shall include

officers, members, and others as determined by the bylaws. The executive committee shall have

the power to act on behalf of the interstate commission, with the exception of rulemaking, during

periods when the interstate commission is not in session. When acting on behalf of the interstate

commission, the executive committee shall oversee the administration of the compact including

enforcement and compliance with the provisions of the compact, its bylaws and rules, and other

such duties as necessary.

     (l) The interstate commission shall establish other committees for governance and

administration of the compact.


 

 

 

 

65)

Section

Added Chapter Numbers:

 

5-91-12

284 and 285

 

 

5-91-12. Powers and duties of the interstate commission.

     The interstate commission shall have the following powers and duties:

     (1) Oversee and maintain the administration of the compact;

     (2) Promulgate rules which shall be binding to the extent and in the manner provided for

in the compact;

     (3) Issue, upon the request of a member state or member board, advisory opinions

concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;

     (4) Enforce compliance with compact provisions, the rules promulgated by the interstate

commission, and the bylaws, using all necessary and proper means, including, but not limited to,

the use of judicial process;

     (5) Establish and appoint committees including, but not limited to, an executive committee

as required by § 5-91-11, which shall have the power to act on behalf of the interstate commission

in carrying out its powers and duties;

     (6) Pay, or provide for the payment of the expenses related to the establishment,

organization, and ongoing activities of the interstate commission;

     (7) Establish and maintain one or more offices;

     (8) Borrow, accept, hire, or contract for services of personnel;

     (9) Purchase and maintain insurance and bonds;

     (10) Employ an executive director who shall have such powers to employ, select or appoint

employees, agents, or consultants, and to determine their qualifications, define their duties, and fix

their compensation;

     (11) Establish personnel policies and programs relating to conflicts of interest, rates of

compensation, and qualifications of personnel;

     (12) Accept donations and grants of money, equipment, supplies, materials, and services

and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies

established by the interstate commission;

     (13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve or use, any property, real, personal, or mixed;

     (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property, real, personal, or mixed;

     (15) Establish a budget and make expenditures;

     (16) Adopt a seal and bylaws governing the management and operation of the interstate

commission;

     (17) Report annually to the legislatures and governors of the member states concerning the

activities of the interstate commission during the preceding year. Such reports shall also include

reports of financial audits and any recommendations that may have been adopted by the interstate

commission;

     (18) Coordinate education, training, and public awareness regarding the compact, its

implementation, and its operation;

     (19) Maintain records in accordance with the bylaws;

     (20) Seek and obtain trademarks, copyrights, and patents; and

     (21) Perform such functions as may be necessary or appropriate to achieve the purpose of

the compact.


 

 

 

 

 

66)

Section

Added Chapter Numbers:

 

5-91-13

284 and 285

 

 

5-91-13. Finance powers.

     (a) The interstate commission may levy on and collect an annual assessment from each

member state to cover the cost of the operations and activities of the interstate commission and its

staff. The total assessment must be sufficient to cover the annual budget approved each year for

which revenue is not provided by other sources. The aggregate annual assessment amount shall be

allocated upon a formula to be determined by the interstate commission, which shall promulgate a

rule binding upon all member states.

     (b) The interstate commission shall not incur obligations of any kind prior to securing the

funds adequate to meet the same.

     (c) The interstate commission shall not pledge the credit of any of the member states, except

by, and with the authority of, the member state.

     (d) The interstate commission shall be subject to a yearly financial audit conducted by a

certified or licensed accountant and the report of the audit shall be included in the annual report of

the interstate commission.


 

 

 

 

 

 

 

 

 

 

 

67)

Section

Added Chapter Numbers:

 

5-91-14

284 and 285

 

 

5-91-14. Organization and operation of the interstate commission.

     (a) The interstate commission shall, by a majority of commissioners present and voting,

adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of

the compact within twelve (12) months of the first interstate commission meeting.

     (b) The interstate commission shall elect or appoint annually from among its

commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such

authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s

absence or disability, the vice-chairperson, shall preside at all meetings of the interstate

commission.

     (c) Officers selected in subsection (b) of this section shall serve without remuneration for

the interstate commission.

     (d) The officers and employees of the interstate commission shall be immune from suit and

liability, either personally or in their official capacity, for a claim for damage to or loss of property

or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged

act, error, or omission that occurred, or that such person had a reasonable basis for believing

occurred, within the scope of interstate commission employment, duties, or responsibilities;

provided that such person shall not be protected from suit or liability for damage, loss, injury, or

liability caused by the intentional or willful and wanton misconduct of such person.

     (e) The liability of the executive director and employees of the interstate commission or

representatives of the interstate commission, acting within the scope of such person’s employment

or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the

limits of liability set forth under the constitution and laws of that state for state officials, employees,

and agents. The interstate commission is considered to be an instrumentality of the states for the

purpose of any such action. Nothing in this subsection shall be construed to protect such person

from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and

wanton misconduct of such person.

     (f) The interstate commission shall defend the executive director, its employees, and

subject to the approval of the attorney general or other appropriate legal counsel of the member

state represented by an interstate commission representative, defend such interstate commission

representative in any civil action seeking to impose liability arising out of an actual or alleged act,

error or omission that occurred within the scope of interstate commission employment, duties or

responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope

of interstate commission employment, duties, or responsibilities, provided that the actual or alleged

act, error, or omission did not result from intentional or willful and wanton misconduct on the part

of such person.

     (g) To the extent not covered by the state involved, member state, or the interstate

commission, the representatives or employees of the interstate commission shall be held harmless

in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against

such persons arising out of an actual or alleged act, error, or omission that occurred within the scope

of the interstate commission employment, duties, or responsibilities, or that such persons had a

reasonable basis for believing occurred within the scope of interstate commission employment,

duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result

from intentional or willful and wanton misconduct on the part of such person.


 

 

 

 

 

 

 

68)

Section

Added Chapter Numbers:

 

5-91-15

284 and 285

 

 

5-91-15. Rulemaking functions of the interstate commission.

     (a) The interstate commission shall promulgate reasonable rules in order to effectively and

efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event the

interstate commission exercises its rulemaking authority in a manner that is beyond the scope of

the purposes of the compact, or the powers granted hereunder, then such an action by the interstate

commission shall be invalid and have no force or effect.

     (b) Rules deemed appropriate for the operations of the interstate commission shall be made

pursuant to a rulemaking process that substantially conforms to the “Model State Administrative

Procedure Act” of 2010, and subsequent amendments thereto.

     (c) Not later than thirty (30) days after a rule is promulgated, any person may file a petition

for judicial review of the rule in the United States District Court for the District of Columbia or the

federal district where the interstate commission has its principal offices, provided that the filing of

such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court

finds that the petitioner has a substantial likelihood of success. The court shall give deference to

the actions of the interstate commission consistent with applicable law and shall not find the rule

to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate

commission.


 

 

 

 

69)

Section

Added Chapter Numbers:

 

5-91-16

284 and 285

 

 

5-91-16. Oversight of interstate compact.

     (a) The executive, legislative, and judicial branches of state government in each member

state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the

compact’s purposes and intent. The provisions of the compact and the rules promulgated hereunder

shall have standing as statutory law but shall not override existing state authority to regulate the

practice of medicine.

     (b) All courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a member state pertaining to the subject matter of the compact which

may affect the powers, responsibilities or actions of the interstate commission.

     (c) The interstate commission shall be entitled to receive all services of process in any such

proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to

provide service of process to the interstate commission shall render a judgment or order void as to

the interstate commission, the compact, or promulgated rules.


 

 

 

 

70)

Section

Added Chapter Numbers:

 

5-91-17

284 and 285

 

 

5-91-17. Enforcement of interstate compact.

     (a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of the compact.

     (b) The interstate commission may, by majority vote of the commissioners, initiate legal

action in the United States Court for the District of Columbia, or, at the discretion of the interstate

commission, in the federal district where the interstate commission has its principal offices, to

enforce compliance with the provisions of the compact, and its promulgated rules and bylaws,

against a member state in default. The relief sought may include both injunctive relief and damages.

In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of

such litigation including reasonable attorney’s fees.

     (c) The remedies herein shall not be the exclusive remedies of the interstate commission.

The interstate commission may avail itself of any other remedies available under state law or

regulation of a profession.


 

 

 

 

 

71)

Section

Added Chapter Numbers:

 

5-91-18

284 and 285

 

 

5-91-18. Default procedures.

     (a) The grounds for default include, but are not limited to, failure of a member state to

perform such obligations or responsibilities imposed upon it by the compact, or the rules and

bylaws of the interstate commission promulgated under the compact.

     (b) If the interstate commission determines that a member state has defaulted in the

performance of its obligations or responsibilities under the compact, or the bylaws or promulgated

rules, the interstate commission shall:

     (1) Provide written notice to the defaulting state and other member states, of the nature of

the default, the means of curing the default, and any action taken by the interstate commission. The

interstate commission shall specify the conditions by which the defaulting state must cure its

default; and

     (2) Provide remedial training and specific technical assistance regarding the default.

     (c) If the defaulting state fails to cure the default, the defaulting state shall be terminated

from the compact upon an affirmative vote of a majority of the commissioners and all rights,

privileges, and benefits conferred by the compact shall terminate on the effective date of

termination. A cure of the default does not relieve the offending state of obligations or liabilities

incurred during the period of the default.

     (d) Termination of membership in the compact shall be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to terminate shall be given by the

interstate commission to the governor, the majority and minority leaders of the defaulting state’s

legislature, and each of the member states.

     (e) The interstate commission shall establish rules and procedures to address licenses and

physicians that are materially impacted by the termination of a member state, or the withdrawal of

a member state.

     (f) The member state which has been terminated is responsible for all dues, obligations,

and liabilities incurred through the effective date of termination including obligations, the

performance of which extends beyond the effective date of termination.

     (g) The interstate commission shall not bear any costs relating to any state that has been

found to be in default or which has been terminated from the compact, unless otherwise mutually

agreed upon in writing between the interstate commission and the defaulting state.

     (h) The defaulting state may appeal the action of the interstate commission by petitioning

the United States District Court for the District of Columbia or the federal district where the

interstate commission has its principal offices. The prevailing party shall be awarded all costs of

such litigation including reasonable attorney’s fees.