It is enacted by the General Assembly as follows:

SECTION 1. Section 23-17.4-2 of the General Laws in Chapter 23-17.4 entitled "Residential Care and Assisted Living Facility Licensing Act" is hereby amended to read as follows:

{ADD 23-17.4-2. Definitions. -- ADD} As used in this chapter:

(1) " Residential care and assisted living facility" means a publicly or privately operated residence that provides {ADD directly or indirectly by means of contracts or arrangements ADD} personal assistance, lodging, and meals to two (2) or more adults who are unrelated to the licensee or administrator, excluding however, any privately operated establishment or facility licensed pursuant to Chapter 17 of this title, and those facilities licensed by or under the jurisdiction of the department of mental health, retardation, and hospitals, the department of children and their families, or any other state agency. Residential care and assisted living facilities include sheltered care homes, and board and care residences or any other entity by any other name providing the above services which meet the definition of residential care and assisted living facilities.

(2) "Resident" means an individual who is an adult, not requiring medical or nursing care as provided in a health care facility but may require the administration of medication and who as a result of age, and/or physical or mental limitation requires personal assistance, lodging and meals. A resident must be capable of self-preservation in emergency situations, unless the facility meets a more stringent life safety code as required under section 23-17.4-6(b)(3).

(3) "Personal assistance" means the provision of twenty-four (24) hour adult staffing of the home, and of one (1) or more of the following services, as required by the resident or as reasonably requested by the resident, including: (A) assisting the resident with the personal needs; (B) assisting the resident with self-administration of medication or administration of medications by appropriately licensed staff; (C) assisting the resident in arranging for supportive services as may be reasonably required; (D) monitoring the activities of the resident while on the premises of the residence to ensure his or her health, safety, and well-being; and (E) reasonable recreational, social and personal services.

(4) "Capable of self-preservation" means the physical mobility and judgmental ability of the individual to take appropriate action in emergency situations. Residents not capable of self-preservation are limited to facilities that meet more stringent life safety code requirements as provided under section 23-17.4-6(b)(3).

(5) "Licensing agency" means the Rhode Island department of health.

(6) "Director" means the director of the Rhode Island department of health.

(7) "Administrator" means any person who has responsibility for day-to-day administration or operation of a residential care/assisted living facility.

(8) "Alzheimer's special care unit" means any residential care and assisted living facility that locks, secures, segregates or provides a special program or a special unit for residents with a diagnosis of probable Alzheimer's or a related disorder, to prevent or limit access by a resident outside the designated or separated area; and that advertises or markets the facility as providing specialized Alzheimer/dementia care services.