R.I. Gen. Laws § 23-23-10 — RI Code / Title 23 / Chapter 23-23 / Section 23-23-10
§ 23-23-10. Prosecution of violations  Relief in equity or by prerogative writ.
Status: in_force

(a) All prosecutions for criminal violations of any of the provisions of this chapter or any of the rules and regulations shall be by information or indictment and shall be commenced in the superior courts of the state. The director, without being required to enter into any recognizance or to give surety for cost, shall institute those proceedings in the name of the state. It shall be the duty of the attorney general to conduct the prosecution of all the proceedings brought by the director.

(b) The director may obtain relief in equity or by prerogative writ whenever that relief shall be necessary for the proper performance of his or her duties under this chapter. The superior court shall have the jurisdiction in equity to enforce the provisions of this chapter and any rule or regulation or order made by the director in conformity with this chapter. Proceedings under this section shall follow the course of equity and shall be instituted and prosecuted in the name of the director by the director or the attorney general, but only upon the request of the director.
R.I. Gen. Laws § 23-65-10 — RI Code / Title 23 / Chapter 23-65 / Section 23-65-10
§ 23-65-10. Certification.
Status: in_force

(a) Upon satisfactory fulfillment by an applicant of the provisions of this chapter and the rules and regulations adopted by the board, the board shall issue a suitable certificate designating competency. The certificate issued shall indicate the class and type of public water supply facility for which the operator is qualified. Certification shall expire at the end of a three (3) year period, beginning from the date of issuance, and may be renewed at that time, provided the operator is in good stead with board and all conditions outlined in this chapter concerning continuing education are met.

(b) Certificates may be issued, upon application, without examination, in a comparable classification to any individual who holds a certificate issued by any state, territory or possession of the United States, any country, if in the judgment of the board the requirement for certification of operators under which the individuals certificate was issued are equivalent to the requirements of this chapter. A certificate issued under the provisions of this subsection is valid at any water supply treatment facility of that grade or classification as specified by the board.

(c) Certificates will be issued upon application, without examination, to those public water supply treatment plant and distribution system operators employed as of the date of passage of this chapter. However, these certificates shall be issued within the class and type established by the board for the water supply facility or system employing the operator, and at the class certificate required to perform the job currently held by the operator. The certificates granted under this subsection shall not be transferable to any other public water supply facility, and are subject to the renewal conditions of certificates issued by examination or reciprocity.

(d) Certificates will be issued upon application, without examination, to those public water supply treatment plant and distribution system operators employed, as of July 1, 1999, at any community or non-community non-transient water system not using surface water or groundwater under the direct influence of surface water and which serves less than or equal to five-hundred (500) people. However, these certificates shall be issued within the class and type established by the board for the water supply facility or system employing the operator, and at the class certificate required to perform the job currently held by the operator. The certificates granted under this subsection shall not be transferable to any other public water supply facility, and are subject to the renewal conditions of certificates issued by examination or reciprocity.
R.I. Gen. Laws § 23-76-4 — RI Code / Title 23 / Chapter 23-76 / Section 23-76-4
§ 23-76-4. Reporting.
Status: in_force

The director of the department of health shall report annually to the general assembly on the development, use and implementation of this chapter.
R.I. Gen. Laws § 23-19-30 — RI Code / Title 23 / Chapter 23-19 / Section 23-19-30
§ 23-19-30. State central landfill  Annual liquid waste or sludge analysis.
Status: in_force

(a) The Rhode Island resource recovery corporation shall conduct six (6) random analyses per annum of all liquid waste or sludge matter deposited in the Rhode Island central landfill. The samples shall be drawn at their point of disposal by personnel qualified by the corporation and the department of environmental management.

(b) A split sample of the waste shall be transmitted by the corporation to the federal environmental protection agency for analysis.

(c) Any individual, firm, partnership, or other entity requesting permission to deposit liquid waste or sludge matter in the landfill on a one-time basis, shall permit the resource recovery corporation and the department of environmental management to conduct an analysis of the waste prior to its disposal.

(d) The Rhode Island resource recovery corporation and the department of environmental management shall keep accurate records of all sample analyses, which records shall be made available to any citizen upon request upon payment of a reasonable charge.
R.I. Gen. Laws § 23-22-1 — RI Code / Title 23 / Chapter 23-22 / Section 23-22-1
§ 23-22-1. Definitions.
Status: in_force

(a) Person as used in this chapter includes any partnership, association, corporation, city, or town.

(b) Swimming pool, as used in this chapter, includes all swimming pools, wading pools, and therapeutic pools owned or maintained by any person, partnership, association, corporation, city, or town, or the state, except swimming pools maintained by an individual for the sole use of the individuals household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for the purpose of profit, and except also swimming pools owned or maintained by the United States. The term swimming pools wherever the context requires shall be construed to include the apparatus, structure, and equipment pertaining to the swimming pool, the premises on which the swimming pool is located, and the premises appurtenant to this.
R.I. Gen. Laws § 23-17-31.1 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-31.1
§ 23-17-31.1. Human immunodeficiency virus (HIV) testing  Facilities for drug users.
Status: in_force

(a) Every physician or healthcare provider attending any person for any service offered at a facility for injecting drug users, shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed in accordance with the provisions of chapter 23-6.3 except where federal confidentiality laws may supersede.

(b) The department of health shall maintain sites for providing both anonymous and confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of health, shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance, offer a sliding scale for payment for all other individuals and, in the case of confidential testing, screen for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance.
R.I. Gen. Laws § 23-99-4 — RI Code / Title 23 / Chapter 23-99 / Section 23-99-4
§ 23-99-4. Rhode Island life science hub established.
Status: in_force

(a) There is hereby constituted as an independent public a public corporation for the purposes set forth in this chapter with a separate legal existence from the state to be known as the Rhode Island life science hub hereinafter to be referred to as the hub. The exercise by the hub of the powers conferred by this chapter shall be considered to be the performance of an essential governmental function and the hub shall be considered a constituted authority and an instrumentality of the state acting on behalf of the state for federal tax purposes.

(b) The hub shall be governed and its corporate powers exercised by a board of directors consisting of sixteen (16) directors: fifteen (15) of whom shall be appointed by the governor, and one of whom shall be the person the board hires from time to time as president and chief executive officer of the hub. The president and chief executive officer of the hub shall serve ex officio and, except as otherwise provided in subsection (k) of this section, shall not be a voting member of the board of directors. The fifteen (15) directors appointed by the governor shall consist of seven (7) public directors and eight (8) institutional directors. The seven (7) public directors shall have the following qualifications: one shall be a senior executive with extensive background in the banking, grant making, or fundraising fields, or their designee; one shall be a member of a life science trade association, or their designee; one shall be the president or a senior executive of a Rhode Island based life science company, or their designee; two (2) shall be senior executives of Rhode Island based life science companies specializing in biomanufacturing, or their designees; one shall be a representative of organized labor, or their designee; and one shall be a member of the public who shall be a certified public accountant and a member of the Rhode Island society of certified public accountants, or their designee. The eight (8) institutional directors shall have the following qualifications: one shall be the secretary of commerce, ex officio; three (3) shall be the president of Rhode Island college, ex officio, or their designee, the president of the university of Rhode Island, ex officio, or their designee, and the president of Brown university, ex officio, or their designee; one shall be the dean of the Warren Alpert Medical School of Brown university, ex officio, or their designee; one shall be the president and chief executive officer of Brown university health, ex officio, or their designee; one shall be the president and chief executive officer of Care New England Health System, ex officio, or their designee; and one shall be the director of economic development for the city of Providence, ex officio, or their designee. To the extent that an institution takes on a new legal name, the institutional director shall continue to serve as an institutional director without the need for reappointment. To the extent that an institution merges, converts, consolidates with, or sells or transfers all or substantially all of its assets to another company and such company retains its primary operations in the state, the chief executive officer of such company shall be qualified for appointment as an institutional director in accordance with this section.

(c) The chair of the board shall be appointed by the governor, with the advice and consent of the senate, and shall be an individual who served in the capacity as a senior executive with extensive background in the banking, grant making, or fundraising fields. The vice-chair of the board shall be the secretary of commerce. All directors, including ex officio directors, shall be voting members of the board of directors, except for the director serving as president and chief executive officer of the hub, who shall not be a voting member of the board. Eight (8) voting directors shall constitute a quorum, and any action to be taken by the board under the provisions of this chapter may be authorized by resolution approved by a majority of the directors present and entitled to vote at any regular or special meeting at which a quorum is present. No votes on the certification of any life science company nor on the allocation or award of any investment fund resources to any certified life science company shall be taken unless the chair is present and voting. A vacancy in the membership of the board of directors shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the board. Pursuant to § 42-46-5(b)(6), board directors are authorized to participate remotely using videoconferencing technology in open public meetings of the board; provided, however, that:

(1) The remote director(s) and all persons present at the meeting location are clearly audible and visible to each other;

(2) A quorum of the body is participating, either in person or by the use of remote videoconferencing technology;

(3) A voting director who participates in a meeting of the board remotely shall be considered present for purposes of a quorum and voting;

(4) If videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that videoconferencing will be used and include instructions on how the public can access the virtual meeting; and

(5) The board shall adopt rules defining the requirements of remote participation including its use for executive session, and the conditions by which a director is authorized to participate remotely.

(d) Each public director shall serve an initial term of four (4) years. At the expiration of the initial terms of public directors in January 2028, the governor shall appoint two (2) directors for a term of four (4) years, two (2) directors for a term of three (3) years, two (2) directors for a term of two (2) years, and one director for a term of one year. Thereafter, the governor shall appoint a new public director or directors to succeed the public director or directors whose terms then next expire, to serve a term of four (4) years. The president and chief executive officer shall have a board term coextensive with such persons employment contract with the hub. In the event that the chair of the board position becomes vacant for any reason, or the chair is not able to perform the duties of that position for any reason, the vice chair shall serve as the interim chair until the chair is able to resume the chairs duties; provided, however, in the event that the chair is not able to resume the chairs duties in that position, the governor shall appoint a new chair and, in making this appointment, the governor shall give due consideration to appointing an individual from a list of six (6) candidates, three (3) of whom shall be provided to the governor by the speaker of the house and three (3) of whom shall be provided to the governor by the president of the senate. Any person appointed to fill a vacancy in the office of a public director of the board shall be appointed in a like manner and shall serve for the unexpired term of such public director. Any director shall be eligible for reappointment.

(e) The public director who is a certified public accountant and a member of the Rhode Island society of certified public accountants shall serve as treasurer and shall be charged with keeping the funds, books of account, and accounting records of the hub. No grants, loans or other financings, or incentives shall be issued by the hub to any certified life science company without the approval of the board. The board shall annually elect a secretary who shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers.

(f) Board directors, other than the director who serves as the president and chief executive officer of the hub, shall serve without compensation, but each director shall be entitled to reimbursement for actual, reasonable, and necessary expenses while engaged in the performance of official duties. Board directors, officers, and employees shall not be liable to the state, the hub, or to any other person as a result of their activities except for malfeasance in office or intentional violations of law.

(g) The board shall establish an application review committee consisting of not less than three (3) directors of the board, which shall review certification proposals submitted by life sciences companies that shall be supported by independently verifiable information, and the board shall make a record of findings based on the certification proposal, documents submitted therewith, and any additional evidence that the life science company meets all criteria that the hub may prescribe.

(h) Certified life science companies shall be eligible to receive funding from the hub, upon a majority vote of the board, for the following benefits which shall be awarded by the board on a competitive basis:

(1) Grants, loans, or other investments;

(2) Assistance from the hub in obtaining federal, state, and nonprofit monies; or

(3) Assistance from the hub in facilitating clinical trials.

(i) Notwithstanding any other provisions of law in relation to their tenure of office, the governor may remove any director, including institutional directors, for the neglect of any duty required by law, incompetence, unprofessional conduct, or willful misconduct. If an institutional director is so removed, such institutional directors designee shall serve on the board in their place for the remainder of their term.

(j) Each director shall make full disclosure, in accordance with §§ 36-14-1  36-14-7, of any financial interest, if any, in any matter before the board. Such interest must be disclosed in advance to the directors of the board, recorded in the minutes of the board, and the director having such an interest shall recuse themselves and shall not participate in any decision of the board relating to such interest.

(k) With the advice and consent of the senate, the board shall have the power to hire a president, who shall also serve as the chief executive officer of the hub and who shall be a non-voting member of the board of directors, but who shall be entitled to vote as a member of any advisory committee to which the president/chief executive officer is appointed. The board also shall have the power to establish compensation and conditions of employment for the president and chief executive officer; provided, further, the board shall have the power to hire other employees and establish compensation and conditions of employment for such employees.

( l ) The commerce corporation shall provide operating quarters for the hub for, at a minimum, the first year of the hubs operation.

(m) In addition to the application review committee, the board may establish one or more advisory committees, each consisting of not less than three (3) and not more than seven (7) directors, which may also include persons who are not directors, which committees shall support the board on science, technology, and other matters. Such advisory committees shall keep records of their findings and recommendations.

(n) The hub shall continue as long as it shall have bonds outstanding and until its existence is terminated by law. Upon the termination of the existence of the hub, all right, title, and interest in and to all of its assets and all of its obligations, duties, covenants, agreements, and obligations shall vest in and be possessed, performed, and assumed by the state and no part of the earnings of the hub shall inure to the benefit of any private person.
R.I. Gen. Laws § 23-18-11.2 — RI Code / Title 23 / Chapter 23-18 / Section 23-18-11.2
§ 23-18-11.2. Regulation of excavation  Removal and transfer of graves and cemeteries  Penalties.
Status: in_force

(a) The city or town council of any municipality may by ordinance prescribe standards, in addition to those required by § 23-18-10, regulating the excavation, removal, and transfer of any graves, grave sites, and cemeteries in the municipality so as to provide an accurate record of any activity and to insure that any remains removed are properly re-interred and the location of the new interment is recorded. In the absence of a local ordinance establishing standards, regulations adopted by the historical preservation and heritage commission shall govern. A report of any grave removal and relocation from one cemetery or burial ground to another shall be filed in the clerks office for each municipality and shall, to the extent permitted by law, be available for public inspection. In instances where there is a headstone or other burial marker identifying the original grave, the headstone or burial marker shall be erected on the site to which any remains are transferred.

(b) To the extent not promulgated pursuant to § 23-3-5.1, the state registrar of vital records shall promulgate regulations to establish a system of record-keeping to allow descendants to locate their ancestors graves in Rhode Island.

(c) Any person convicted of violating this section shall be subject to a fine of not more than one thousand dollars ($1,000) and such fine shall be deemed civil in nature and not a criminal penalty.

(d) The provisions of this section shall be considered to be in addition to any other penalties provided for desecration or vandalism to cemeteries.
R.I. Gen. Laws § 23-101-6 — RI Code / Title 23 / Chapter 23-101 / Section 23-101-6
§ 23-101-6. Prohibition on expenditure of public resources.
Status: in_force

Notwithstanding any provision of state law to the contrary and except as required by federal law, a public agency, including a law enforcement agency, and an employee, appointee, officer, or official, or any other person acting on behalf of a public agency, may not provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any interstate investigation or proceeding seeking to impose civil, administrative, or criminal liability upon a person or entity for:

(1) Legally protected healthcare activity; or

(2) Aiding and assisting legally protected healthcare activity.
R.I. Gen. Laws § 23-1-24 — RI Code / Title 23 / Chapter 23-1 / Section 23-1-24
§ 23-1-24. Review by supreme court.
Status: in_force

Any party aggrieved by a final judgment of the superior court may, within thirty (30) days from the date of entry of the judgment, petition the supreme court for a writ of certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari.
R.I. Gen. Laws § 23-72-3 — RI Code / Title 23 / Chapter 23-72 / Section 23-72-3
§ 23-72-3. Consumer mercury alert notice.
Status: in_force

(a) The department, in consultation with the department of environmental management, shall prepare a consumers mercury alert notice that the department shall provide for free, to professional medical offices that provide gynecological, obstetrical or pediatric care and in the patient or client areas of all maternal and child health and nutrition programs, who shall post the notice in all patient areas.

(b) The department shall establish a toll free telephone number service for interested persons to call for further information about the health advisories concerning the consumption of mercury in freshwater and saltwater fish.

(c) The notice shall explain the danger to women who expect to become pregnant, women who are pregnant or breast feeding their children, and young children of eating mercury contaminated fish. The notice shall summarize most current mercury health advisories prepared by the state and the federal government concerning fish consumption, the toll free number, which may be called for further information, and shall contain such other information as the department deems appropriate. The notice shall be printed in large type in English, Spanish and other languages in which persons commonly doing business with such offices can understand. The department shall update the notice as necessary, and shall make additional copies of the notice available to health care providers upon request.
R.I. Gen. Laws § 23-3-9 — RI Code / Title 23 / Chapter 23-3 / Section 23-3-9
§ 23-3-9. Form of certificates.
Status: in_force

(a) In order to promote and maintain uniformity in the system of vital records, the forms of certificates, reports, and other returns required by this chapter, or by regulations adopted under this chapter, shall include as a minimum the items recommended by the federal agency responsible for national vital records subject to approval of and modification by the state director of health.

(b) Each certificate, report, and form required to be filed under this chapter shall have entered upon its face the duly attested date of registration.

(c) Every person required by this chapter to sign any certificate, report, or form shall type or print his or her name and address where there is a place designated for the persons name and address. On death certificates, the cause of death shall be typed or printed in the space provided by the physician filling out the certificate.

(d) The state registrar of vital records shall maintain a record of the social security numbers of the bride and groom as it appears on the application for the marriage license unless the registrar finds good cause for not requiring the number. That social security number shall be kept confidential and shall be disclosed only to the state agency responsible for administering the states child support enforcement program. Social security numbers obtained pursuant to this section shall not be used for any purpose other than for the establishment and enforcement of child support orders, to the extent authorized by federal laws.

(e) The state registrar shall obtain the social security number of the deceased and that social security number shall appear on the death certificate unless the registrar finds good cause for not requiring the number.
R.I. Gen. Laws § 23-6-6 — RI Code / Title 23 / Chapter 23-6 / Section 23-6-6
§ 23-6-6. Preservation of records.
Status: in_force

City and town clerks shall safely keep the books described in § 23-6-5 for the accommodation of those physicians and others, without any compensation, and deliver them over to their successors; but they may charge lawful fees for searching them or for any copies.
R.I. Gen. Laws § 23-73-3 — RI Code / Title 23 / Chapter 23-73 / Section 23-73-3
§ 23-73-3. Rules and regulations.
Status: in_force

(a) Health care workers shall be provided with initial and periodic education pertaining to latex safety.

(b) Health care facilities shall ensure that direct care workers are represented on latex allergy or safety committees.

(c) Any state agency which has regulatory authority for persons, firms, or corporations in which natural rubber latex gloves are used shall promulgate rules and regulations:

(1) To warn employees of potential risk of latex allergies;

(2) To warn the public of potential risk of latex allergies;

(3) To minimize exposure consistent with maintaining safety in regulated industries whose workers are exposed to blood borne pathogens.
R.I. Gen. Laws § 23-5-8 — RI Code / Title 23 / Chapter 23-5 / Section 23-5-8
§ 23-5-8. Reports not evidence.
Status: in_force

Reports made under § 23-5-5 shall not be evidence of the facts stated in the reports in any action arising out of the disease reported in the reports.
R.I. Gen. Laws § 23-90-4 — RI Code / Title 23 / Chapter 23-90 / Section 23-90-4
§ 23-90-4. Mattress stewardship council established.
Status: in_force

(a) On or before July 1, 2015, each producer shall join the council and such council shall submit a plan, for the corporation directors approval, to establish a statewide mattress stewardship program, as described in this section. Any retailer may be a member of such council. Such mattress stewardship program shall, to the extent it is technologically feasible and economically practical:

(1) Minimize public sector involvement in the management of discarded mattresses;

(2) Provide for the convenient and accessible statewide collection of discarded mattresses from any person in the state with a discarded mattress that was discarded in the state, including from participating covered entities that accumulated and segregated a minimum of fifty (50) discarded mattresses for collection at one time, or a minimum of thirty (30) discarded mattresses for collection at one time in the case of participating municipal transfer stations;

(3) Provide for council-financed recycling and disposal of discarded mattresses;

(4) Provide suitable storage containers at permitted municipal transfer stations, municipal government property or other solid waste management facilities for segregated, discarded mattresses, or make other mutually agreeable storage and transportation agreements at no cost to such municipality provided the municipal transfer station, municipal government property or other solid waste management facilities make space available for such purpose and imposes no fee for placement of such storage container on its premises;

(5) Include a uniform mattress stewardship fee that is sufficient to cover the costs of operating and administering the program; and

(6) Establish a financial incentive that provides for the payment of a monetary sum, established by the council, to promote the recovery of mattresses.

(b) The council shall be a nonprofit organization with a fee structure that covers, but does not exceed, the costs of developing the plan and operating and administering the program in accordance with the requirements of this chapter, and maintaining a financial reserve sufficient to operate the program over a multi-year period of time in a fiscally prudent and responsible manner. The council shall maintain all records relating to the program for a period of not less than three (3) years.

(c) Pursuant to the program, recycling shall be preferred over any other disposal method to the extent that recycling is technologically feasible and economically practical.

(d) The council shall enter into an agreement with the corporation to reimburse for reasonable costs directly related to administering the program but not to exceed the cost of two (2) full time equivalent employees.
R.I. Gen. Laws § 23-17-23 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-23
§ 23-17-23. Hospital disciplinary powers.
Status: in_force

(a) The board of trustees of a hospital or other appropriate authority licensed pursuant to the laws of the state is authorized to suspend, deny, revoke, or curtail the staff privileges of any staff member for good cause which shall include the grounds specified in § 5-37-5.1 for unprofessional conduct. The procedures for these actions shall comply with the procedures, if any, that may from time to time be outlined by the joint commission for accreditation of hospitals.

(b) There shall be no liability on the part of and no cause of action of any nature shall arise against any hospital, hospital board of trustees, or any hospital medical staff committee, where instituted by hospital bylaws, for any action taken in good faith in carrying out the provisions of this chapter.

(c) Any disciplinary action against a physician which involves loss of privileges shall promptly be reported to the board of medical licensure and discipline by the hospital.
R.I. Gen. Laws § 23-17-59 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-59
§ 23-17-59. Safe patient handling.
Status: in_force

(a) Definitions. As used in this chapter:

(1) Safe patient handling means the use of engineering controls, transfer aids, or assistive devices whenever feasible and appropriate instead of manual lifting to perform the acts of lifting, transferring, and/or repositioning health care patients and residents.

(2) Safe patient handling policy means protocols established to implement safe patient handling.

(3) Health care facility means a hospital or a nursing facility.

(4) Lift team means health care facility employees specially trained to perform patient lifts, transfers, and repositioning in accordance with safe patient handling policy.

(5) Musculoskeletal disorders means conditions that involve the nerves, tendons, muscles, and supporting structures of the body.

(b) Licensure requirements. Each licensed health care facility shall comply with the following as a condition of licensure:

(1) Each licensed health care facility shall establish a safe patient handling committee, which shall be chaired by a professional nurse or other appropriate licensed health care professional. A health care facility may utilize any appropriately configured committee to perform the responsibilities of this section. At least half of the members of the committee shall be hourly, non-managerial employees who provide direct patient care.

(2) By July 1, 2007, each licensed health care facility shall develop a written safe patient handling program, with input from the safe patient handling committee, to prevent musculoskeletal disorders among health care workers and injuries to patients. As part of this program, each licensed health care facility shall:

(i) By July 1, 2008, implement a safe patient handling policy for all shifts and units of the facility that will achieve the maximum reasonable reduction of manual lifting, transferring, and repositioning of all or most of a patients weight, except in emergency, life-threatening, or otherwise exceptional circumstances;

(ii) Conduct a patient handling hazard assessment. This assessment should consider such variables as patient-handling tasks, types of nursing units, patient populations, and the physical environment of patient care areas;

(iii) Develop a process to identify the appropriate use of the safe patient handling policy based on the patients physical and mental condition, the patients choice, and the availability of lifting equipment or lift teams. The policy shall include a means to address circumstances under which it would be medically contraindicated to use lifting or transfer aids or assistive devices for particular patients;

(iv) Designate and train a registered nurse or other appropriate licensed health care professional to serve as an expert resource, and train all clinical staff on safe patient handling policies, equipment, and devices before implementation, and at least annually or as changes are made to the safe patient handling policies, equipment and/or devices being used;

(v) Conduct an annual performance evaluation of the safe patient handling with the results of the evaluation reported to the safe patient handling committee or other appropriately designated committee. The evaluation shall determine the extent to which implementation of the program has resulted in a reduction in musculoskeletal disorder claims and days of lost work attributable to musculoskeletal disorder caused by patient handling, and include recommendations to increase the programs effectiveness; and

(vi) Submit an annual report to the safe patient handling committee of the facility, which shall be made available to the public upon request, on activities related to the identification, assessment, development, and evaluation of strategies to control risk of injury to patients, nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a patient.

(3) Nothing in this section precludes lift team members from performing other duties as assigned during their shift.

(4) An employee may, in accordance with established facility protocols, report to the committee, as soon as possible, after being required to perform a patient handling activity that he/she believes in good faith exposed the patient and/or employee to an unacceptable risk of injury. Such employee reporting shall not be cause for discipline or be subject to other adverse consequences by his/her employer. These reportable incidents shall be included in the facilitys annual performance evaluation.
R.I. Gen. Laws § 23-21-5 — RI Code / Title 23 / Chapter 23-21 / Section 23-21-5
§ 23-21-5. Enforcement.
Status: in_force

It shall be the duty of the director to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violation of this chapter or regulations adopted in accordance with it and/or suspend and/or revoke their licenses. In all these prosecutions, the director shall not be required to enter into any recognizances or to give surety for costs.
R.I. Gen. Laws § 23-3-24.1 — RI Code / Title 23 / Chapter 23-3 / Section 23-3-24.1
§ 23-3-24.1. Native Americans  Certified copies of birth records.
Status: in_force

Any American Indian or Native American whose certified copy of a birth record contains a racial designation that is incorrect may, without paying a fee, obtain one certified copy of his or her birth record from which the incorrect racial designation has been amended. The person requesting the birth record shall provide satisfactory proof from a tribal authority.
R.I. Gen. Laws § 23-24-2 — RI Code / Title 23 / Chapter 23-24 / Section 23-24-2
§ 23-24-2. Definitions.
Status: in_force

For the purposes of this chapter:

(1)(i) Banned hazardous substance means:

(A) Any toy or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in a manner as to be susceptible of access by a child to whom the toy or other article is entrusted; or

(B) Any hazardous substance intended, or packaged in a form suitable, for use in the household, which the council by regulation classifies as a banned hazardous substance on the basis of a finding that, notwithstanding any cautionary labeling that is or may be required under this chapter for that substance, the degree or nature of the hazard involved in the presence or use of that substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping that substance when so intended or packaged out of the channels of intrastate commerce; provided, that the council, by regulation:

(I) Shall exempt from subdivision (1)(i)(A) of this section articles, such as chemical sets, which by reason of their functional purpose require the inclusion of the hazardous substance involved, or necessarily present an electrical, mechanical, or thermal hazard and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed the directions and warnings; and

(II) Shall exempt from subdivision (1)(i)(A) of this section, and provide for the labeling of, common fireworks (including toy paper caps, cone fountains, cylinder fountains, whistles without report, and sparklers) to the extent that he or she determines that those articles can be adequately labeled to protect the purchasers and users of these articles.

(ii) Proceedings for the issuance, amendment, or repeal of regulations pursuant to subdivision (1)(i)(B) of this section shall be governed by the provisions of §42-35-3 (other than subsection 42-35-3(b)); provided, that if the council finds that the distribution for household use of the hazardous substance involved presents an imminent hazard to the public health, it may, by order published in a daily newspaper with statewide circulation, give notice of that finding, and upon giving notice the substance when intended or offered for household use, or when packaged as to be suitable for that use, shall be deemed to be a banned hazardous substance pending the completion of proceedings relating to the issuance of those regulations.

(2) Corrosive means any substance which in contact with living tissue will cause destruction of tissue by chemical action, but shall not refer to action on inanimate surfaces.

(3) Consumer protection unit means the consumer protection unit of the department of attorney general;

(4) Director means the head of the consumer protection unit of the department of attorney general;

(5) Extremely flammable applies to any substance which has a flash point at or below twenty degrees Fahrenheit (20Â° F.) as determined by the tagliabue open cup tester; the term flammable applies to any substance which has a flash point of above twenty degrees (20Â° F.) to and including eighty degrees Fahrenheit (80Â° F.), as determined by the tagliabue open cup tester; and the term combustible applies to any substance which has a flash point above eighty degrees Fahrenheit (80Â° F.) to and including one hundred and fifty degrees (150Â° F.) as determined by the tagliabue open cup tester; except that the flammability or combustibility of solids and of the contents of self-pressurized containers shall be determined by methods found by the director to be generally applicable to those materials or containers, respectively, and established by regulations issued by him or her or which regulations shall also define the terms flammable, combustible, and extremely flammable in accord with those methods.

(6) Hazardous substance means:

(i)(A) Any substance or mixture of substances which:

(I) Is toxic;

(II) Is corrosive;

(III) Is an irritant;

(IV) Is a strong sensitizer;

(V) Is flammable or combustible; or

(VI) Generates pressure through decomposition, heat, or other means, if the substances or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

(B) Any substance which the consumer protection unit by regulation finds, pursuant to the provisions of §23-24-3(a), meet the requirements of subdivision (6)(i)(A) of this section.

(C) Any radioactive substance, if, with respect to this substance as used in a particular class of article or as packaged, the director determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health.

(D) Any toy or other article intended for use by children which the consumer protection unit by regulation determines, in accordance with §23-24-3(a), presents an electrical, mechanical, or thermal hazard.

(ii) Hazardous substance does not apply to pesticides subject to the Pesticide Control Act, chapter 25 of this title, nor to foods, drugs, and cosmetics subject to the Food, Drug and Cosmetic Act, chapter 31 of title 21, nor to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house, nor to manufactured goods in process or waste in transit for proper disposal; but the term applies to any article which is not itself an economic poison but which is a hazardous substance within the meaning of subdivision (6)(i) of this section by reason of bearing or containing an economic poison.

(iii) The consumer protection unit shall make no ruling or order that restricts the manufacture or sale of firearms, firearms ammunition, or components of firearms ammunition including black powder or gunpowder for firearms.

(7)(i) Highly toxic means any substance which falls within any of the following categories:

(A) Produces death within fourteen (14) days in half or more than half of a group of ten (10) or more laboratory white rats each weighing between two hundred (200) and three hundred (300) grams at a single dose of fifty (50) milligrams or less per kilogram of body weight, when orally administered; or

(B) Produces death within fourteen (14) days in half or more than half of a group of ten (10) or more laboratory white rats each weighing between two hundred (200) and three hundred (300) grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred (200) parts per million by volume or less of gas or vapor or two (2) milligrams per liter by volume or less of mist or dust, provided that concentration is likely to be encountered by humans when the substance is used in any reasonably foreseeable manner; or

(C) Produces death within fourteen (14) days in half or more than half of a group of ten (10) or more rabbits tested in a dosage of two hundred (200) milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for twenty-four (24) hours or less.

(ii) If the director finds that available data on human experience with any substance indicate results different from those obtained on animals in the above named dosages or concentrations, the human data shall take precedence.

(8) Immediate container does not include package liners.

(9) Intrastate commerce means commerce within the state of Rhode Island.

(10) Irritant means any substance not corrosive within the meaning of subdivision (2) which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.

(11) Label means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of that matter directly upon the article involved or upon a tag or other suitable material affixed to it; and a requirement made by or under authority of this act that any word, statement, or other information that appears on the label shall not be considered to be complied with unless that word, statement, or other information also appears:

(i) On the outside container or wrapper, if there be any, unless it is easily legible through the outside container or wrapper; and

(ii) On all accompanying literature where there are directions for use, written or otherwise.

(12) Misbranded hazardous substance means a hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance or which bears or contains a hazardous substance in a manner as to be susceptible of access by a child to whom that toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, if the packaging or labeling of that substance is in violation of an applicable regulation issued pursuant to §23-24.1-3 or 23-24.1-4 or if the substance, except as provided by or pursuant to §23-24-3, fails to bear a label:

(i) Which states conspicuously:

(A) The name and place of business of the manufacturer, packer, distributor, or seller;

(B) The common or usual name, or the chemical name if there is no common or usual name, of the hazardous substance or of each component which contributes substantially to its hazard, unless the director by regulation permits or requires the use of a recognized generic name;

(C) The signal word DANGER on substances which are extremely flammable, corrosive, or highly toxic;

(D) The signal word WARNING or CAUTION on all other hazardous substances;

(E) An affirmative statement of the principal hazard or hazards, such as flammable, combustible, vapor harmful, causes burns, absorbed through skin, or similar wording descriptive of the hazard;

(F) Precautionary measures describing the action to be followed or avoided except when modified by regulation of the consumer protection unit pursuant to §23-24-3;

(G) Instruction, when necessary or appropriate, for first-aid treatment;

(H) The word poison for any hazardous substance which is defined as highly toxic by subdivision (7) of this section;

(I) Instructions for handling and storage of packages which require special care in handling or storage; and

(J) The statement:

(I) Keep out of the reach of children or its practical equivalent; or

(II) If the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard; and

(ii) On which any statements required under paragraph (i) of this subdivision are located prominently and are in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.

(iii) Misbranded hazardous substance also includes a household substance as defined in §23-24.1-2(3)(i), if it is a substance described in subdivision (6)(i) of this section and its packaging or labeling is in violation of an applicable regulation issued pursuant to §23-24.1-3 or 23-24.1-4.

(13) Person includes an individual, partnership, corporation, and association.

(14) Radioactive substance means a substance which emits ionizing radiation.

(15) Strong sensitizer means a substance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the director; before designating any substance as a strong sensitizer, the director, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity.

(16) Toxic applies to any substance (other than a radioactive substance) which has the capacity to produce personal injury or illness to humans through ingestion, inhalation, or absorption through any body surface.

(17) An article may be determined to present an electrical hazard if in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electric shock.

(18) An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness:

(i) From fracture, fragmentation, or disassembly of the article;

(ii) From propulsion of the article (or any part or accessory of it);

(iii) From points or other protrusions, surfaces, edges, openings, or closures;

(iv) From moving parts;

(v) From lack or insufficiency of controls to reduce or stop motion;

(vi) As a result of self-adhering characteristics of the article;

(vii) Because the article (or any part or accessory of it) may be aspirated or ingested;

(viii) Because of instability; or

(ix) Because of any other aspect of the articles design or manufacture.

(19) An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces.
R.I. Gen. Laws § 23-22-4 — RI Code / Title 23 / Chapter 23-22 / Section 23-22-4
§ 23-22-4. Chemical and bacteriological analyses of water.
Status: in_force

The department of health shall cause to be made chemical and bacteriological analyses of samples of water from each swimming pool and shall report its findings to the person maintaining that swimming pool and shall state in that report whether or not the condition of the water is detrimental to the health and safety of the users of the swimming pool. The first analyses of samples of water from a newly opened swimming pool shall be made within thirty (30) days after the receipt of an application for a license for that swimming pool.
R.I. Gen. Laws § 23-71-3 — RI Code / Title 23 / Chapter 23-71 / Section 23-71-3
§ 23-71-3. Requirements.
Status: in_force

Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after the date of enactment of this chapter shall do one of the following:

(1) Become a participating manufacturer (as that term is defined in section II (jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or

(2)(i) Place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as those amounts are adjusted for inflation):

1999: $.0094241 per unit sold after the date of enactment of this chapter [June 29, 1999];

2000: $.0104712 per unit sold;

For each of 2001 and 2002: $.0136125 per unit sold;

For each 2003 through 2006: $.0167539 per unit sold;

For each of 2007 and each year thereafter: $.0188482 per unit sold.

(ii) A tobacco product manufacturer that places funds into escrow pursuant to subdivision (i) shall receive the interest or other appreciation on the funds as earned. The funds themselves shall be released from escrow only under the following circumstances:

(A) To pay a judgment or settlement on any released claim brought against the tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this subparagraph: (I) in the order in which they were placed into escrow, and (II) only to the extent and at the time necessary to make payments required under the judgment or settlement.

(B) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to the tobacco product manufacturer; or

(C) To the extent not released from escrow under subparagraphs (A) or (B), funds shall be released from escrow and revert back to the tobacco product manufacturer twenty-five (25) years after the date on which they were placed into escrow.

(iii) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this subsection shall annually certify to the attorney general that it is in compliance with this subsection. The attorney general may bring a civil action on behalf of the estate against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section:

(A) Is required within fifteen (15) days to place any funds into escrow that will bring it into compliance with this section. The court, upon a finding of a violation of this subsection, may impose a civil penalty to be paid to the general fund of the state in an amount not to exceed five percent (5%) percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed one hundred percent (100%) of the original amount improperly withheld from escrow;

(B) In the case of a knowing violation, is required within fifteen (15) days to place any funds into escrow that will bring it into compliance with this section. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the state in an amount not to exceed fifteen percent (15%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed three hundred percent (300%) of the original amount improperly withheld from escrow;

(C) In the case of a second knowing violation, is prohibited from selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed two (2) years; and

(D) Will be ordered to pay the costs and attorneys fees of the state in a civil action in which the court finds that a violation of this section has occurred.

(3) Each failure to make an annual deposit required under this section shall constitute a separate violation.
R.I. Gen. Laws § 23-17-64 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-64
§ 23-17-64. Influenza immunization.
Status: in_force

Between October 1 and March 1 of each year, each hospital shall offer, prior to discharge, immunizations against influenza virus to all inpatients sixty-five (65) years of age and older, unless contraindicated, and contingent upon the availability of the vaccine, in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
R.I. Gen. Laws § 23-90-10 — RI Code / Title 23 / Chapter 23-90 / Section 23-90-10
§ 23-90-10. Collaboration.
Status: in_force

In the event that another state implements a mattress recycling program, the council may collaborate with such state to conserve efforts and resources used in carrying out the mattress stewardship program, provided such collaboration is consistent with the requirements of this chapter.
R.I. Gen. Laws § 23-25-2 — RI Code / Title 23 / Chapter 23-25 / Section 23-25-2
§ 23-25-2. Enforcing official.
Status: in_force

The provisions of this chapter shall be administered by the director of environmental management of the state, referred to as the director.
R.I. Gen. Laws § 23-38-1 — RI Code / Title 23 / Chapter 23-38 / Section 23-38-1
§ 23-38-1. Definitions.
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings:

(1) Connector means a holding device constructed of plastic rings and used to hold several beverage containers together, or other similar plastic device used for the same purpose.

(2) Degradable material means material that, upon exposure to natural elements, is broken down by biological, chemical, photochemical, or other physical processes to a particle size and chemical composition that may be assimilated harmlessly and aesthetically into the environment, without leaving a hazardous residue or byproduct.
R.I. Gen. Laws § 23-90-2 — RI Code / Title 23 / Chapter 23-90 / Section 23-90-2
§ 23-90-2. Findings.
Status: in_force

The general assembly hereby finds and declares that:

(1) It is in the best interest of this state for providers of mattresses sold in Rhode Island to take responsibility for reducing the environmental and financial impacts of a mattress over its life cycle, from design to management after the end of a mattresss useful life;

(2) It is in the best interest of this state to reduce illegal dumping of discarded mattresses and determine a process for minimizing costs incurred by Rhode Islands cities and towns for the management of discarded mattresses; and

(3) It is in the best interest of this state for producers to develop a statewide product stewardship system that serves urban and rural areas in Rhode Island and provides cost-effective, convenient opportunities for the collection, transportation, recovery and safe management of discarded products.
R.I. Gen. Laws § 23-1-40 — RI Code / Title 23 / Chapter 23-1 / Section 23-1-40
§ 23-1-40. Misrepresentation on menu of food or food products.
Status: in_force

(a) It shall be unlawful for any person, firm, or corporation to misrepresent on a menu the identity of any food or food products to any of the patrons or customers of eating establishments including, but not limited to, restaurants, hotels, cafes, lunch counters, or other places where food is regularly prepared and sold for consumption on or off the premises.

(b) The identity of any food or food products shall be deemed misrepresented if:

(1) Its description is false or misleading in any particular;

(2) Its description omits information which, by its omission, renders the description false or misleading in any particular;

(3) It is served, sold, or distributed under the name of another food or food product; or

(4) It purports to be or is represented as a food or food product for which a definition of identity and standard of quality has been established by custom and usage unless it conforms to that definition and standard.

(c) Any person, firm, or corporation who violates any provisions of this section shall be guilty of a misdemeanor and for each violation and misrepresentation on a menu shall be punished by a fine of not more than five hundred dollars ($500).

(d) This section shall not apply to any section or sections of a retail food or grocery store which do not provide facilities for consumption of food or food products on the premises.

(e) The director of health is authorized to promulgate reasonable rules and regulations that are necessary to carry into effect the provisions of this section. The department of health shall have concurrent jurisdiction with the department of attorney general in the enforcement of this section.
R.I. Gen. Laws § 23-13-9 — RI Code / Title 23 / Chapter 23-13 / Section 23-13-9
§ 23-13-9. Licensing and regulation of midwives  Penalty for violations.
Status: in_force

The state director of health is authorized and directed to make rules for the regulation of the practice of midwifery and for the licensing of midwives, including regulations that require the payment of an initial application fee equal to that fee that is imposed upon applicants for licensure as nurse practitioners and a renewal fee also equivalent to that for nurse practitioners. The rules regarding the regulation of the practice of midwifery shall authorize a licensed, certified nurse-midwife (CNM) or a licensed, certified midwife (CM) to prescribe medications that might be reasonably required by his or her patients; provided however, that a licensed, certified nurse-midwife (CNM) or a licensed, certified midwife (CM) shall prescribe any of those medications as authorized by the director of health. The provisions of this section relating to prescription authority by certified nurse-midwives and certified midwives shall be overseen by the department of health as defined in the departments rules and regulations for licensing of midwives (R23-13MID). No person not a licensed midwife or a physician, registered under the provisions of chapter 37 of title 5, shall practice midwifery, or shall make a practice of attending women in childbirth for hire, or use the name or title of midwife. Any person who violates the provisions of this section, or who violates any of the rules of the department of health made in pursuance of this section, shall be fined not more than one hundred dollars ($100), or imprisoned not more than six (6) months, or both, and the director of health may revoke the license issued to any person when, in the opinion of the director of health, that person is guilty of unprofessional conduct.
R.I. Gen. Laws § 23-101-8 — RI Code / Title 23 / Chapter 23-101 / Section 23-101-8
§ 23-101-8. Choice of law.
Status: in_force

Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of this state govern in any case or controversy heard in this state involving legally protected healthcare activity or aiding and assisting legally protected healthcare activity.
R.I. Gen. Laws § 23-24-11 — RI Code / Title 23 / Chapter 23-24 / Section 23-24-11
§ 23-24-11. Examinations and investigations.
Status: in_force

(a) The consumer protection unit is authorized to conduct examinations, inspections, and investigations for the purposes of this chapter through its officers and employees or through any health officer or employee of the state duly commissioned by the consumer protection unit as an officer of the consumer protection unit.

(b) For purposes of enforcement of this chapter, officers or employees duly designated by the consumer protection unit, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized:

(1) To enter, at reasonable times, any factory, warehouse, or establishment in which the hazardous substances are manufactured, processed, packed, or held for introduction into intrastate commerce or are held after that introduction or to enter any vehicle being used to transport or hold the hazardous substances in intrastate commerce;

(2) To inspect, at reasonable times and within reasonable limits and in a reasonable manner, the factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling; and

(3)(i) To obtain samples of the materials or packages, or of the labeling.

(ii) A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each inspection shall be commenced and completed with reasonable promptness.

(c) If the officer or employee obtains any sample, prior to leaving the premises, he or she shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If an analysis is made of that sample, a copy of the results of the analysis shall be furnished promptly to the owner, operator, or agent in charge.
R.I. Gen. Laws § 23-13-17 — RI Code / Title 23 / Chapter 23-13 / Section 23-13-17
§ 23-13-17. Special supplemental food program for women, infants, and children (WIC).
Status: in_force

(a) The director of health shall administer a program to be called the WIC program, to provide supplemental foods and nutrition education to pregnant, postpartum, and breastfeeding women, infants, and young children from families who meet financial eligibility standards established by the department and who are at special risk with respect to their physical and mental health by reason of inadequate nutrition, or health care, or both. The WIC program shall be administered in a manner consistent with applicable federal law, 42 U.S.C. § 1786, and the provision of this chapter.

(b) All applicants and participants who are eligible shall be entitled to participate in the WIC program.

(c) The cost of the program shall not exceed two hundred thousand dollars ($200,000).

(d) Every person, party, entity, partnership, corporation, or other business, governmental, or nonprofit entity which embezzles, willfully misapplies, steals, or obtains by fraud or deception any funds, assets or property provided under § 7 of the Child Nutrition Act of 1966, 42 U.S.C. § 1776, or under this chapter, whether received directly or indirectly from the United States Department of Agriculture or the Rhode Island department of health, or receives, conceals, or retains those funds, assets, or property for his or her own interest, knowing those funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud or deception shall, if the amount of funds, assets, or property are of the value of five hundred dollars ($500) or more, be fined not more than ten thousand dollars ($10,000), or if the amount of funds, assets, or property are of a value of less than five hundred dollars ($500), shall be fined not more than one thousand dollars ($1,000). The amount of funds, assets, or property provided under the special supplemental food program for women, infants, and children misdirected in violation of this chapter shall be calculated as the aggregate from any and all incidents or acts prohibited by this chapter occurring in any consecutive twelve (12) month period.

(e) Every person, party, entity, partnership, corporation, or other business, governmental, or nonprofit entity which duplicates, causes to be duplicated, creates, manufactures, or causes to be created or manufactured any copy or facsimile of any article or method employed by the Rhode Island department of health to identify food vendors which redeem food instruments of the special supplemental food program for women, infants, and children (WIC program) without the express written authorization of the Rhode Island department of health or whoever obtains, steals, conceals or retains a WIC program vendor identifier knowing the identifier has been copied or created without department of health authorization or obtains or retains an identifier or copy or facsimile of it, without the express written authorization of the Rhode Island department of health, shall, if the WIC program vendor identifier is used in the acceptance, redemption, or deposit of WIC program food instruments, be fined not more than ten thousand dollars ($10,000), or if the unauthorized vendor identifier is not shown to have been used in the acceptance, redemption, or deposit of WIC program food instruments, shall be fined not more than one thousand dollars ($1,000).

(f) Every person, party, entity, firm, or corporation which misrepresents itself as, or in any other manner improperly, fraudulently or deceptively holds itself out to be, authorized by any unit of the federal, state, or local government or other entity to accept, redeem, or deposit WIC program food instruments, such as WIC checks, or which otherwise attempts or solicits to accept, redeem, or deposit WIC food instruments without the express authorization of the department in any manner shall, if the action is accompanied by the unauthorized acceptance, redemption, or deposit of WIC program food instruments, be fined not more than ten thousand dollars ($10,000), or if those actions are not shown to have been accompanied by the acceptance, redemption, or deposit of WIC program food instruments, shall be fined not more than one thousand dollars ($1,000).

(g) The possession of any funds, assets, property, vendor identifier, or WIC food instruments shall be evidence of guilty knowledge by the person having possession that the property was embezzled, willfully misapplied, stolen, or obtained by fraud or deception or created or received without authorization except the person shows that it was acquired in the due course of trade and for adequate consideration.

(h) Any penalty imposed under this chapter shall be in addition to immediate repayment of any claim made under the provisions of the Rhode Island state plan of operation and administration of the special supplemental food program for women, infants, and children for funds improperly obtained or received.

(i) Any fine imposed under this chapter does not preclude any other sanctions or penalties set forth in state or federal regulations, rules or the provisions of the Rhode Island state plan of operation and administration for the special supplemental food program or the provisions of the vendor participation agreement in force between the Rhode Island department of health and any WIC program vendor.
R.I. Gen. Laws § 23-23-5 — RI Code / Title 23 / Chapter 23-23 / Section 23-23-5
§ 23-23-5. Powers and duties of the director.
Status: in_force

In addition to the other powers and duties granted in this chapter, the director shall have and may exercise the following powers and duties:

(1) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this chapter;

(2) To develop comprehensive programs, for the prevention, control, and abatement of new or existing pollution of the air resources of this state on the basis of air quality standards adopted by the environmental standards board;

(3) To advise, consult, and cooperate with the cities and towns and other agencies of the state, federal government, and other states and interstate agencies, and with effective groups in industries in furthering the purposes of this chapter;

(4) To promulgate standards of air quality adopted by the environmental standards board;

(5) To hold hearings, to issue notices of hearings and subpoenas requiring the attendance of witnesses and the production of evidence, and to administer oaths and to take testimony as he or she may deem necessary;

(6) To encourage and conduct studies and research on air pollution and to collect and disseminate this information;

(7) To enter at all reasonable times in or upon any private or public property, except private residences, and to detain and inspect any motor vehicle for the purpose of inspecting or investigating any condition which the director shall believe to be either an air pollution source or in violation of any of the rules or regulations or orders promulgated under this chapter;

(8) To issue, modify, amend, or revoke any orders prohibiting or abating air pollution in accordance with the purposes of this chapter and the rules and regulations promulgated under this chapter. In making the orders authorized by this chapter, the director shall consider all relevant factors including, but not limited to, population density, air pollution levels, and the character and degree of injury to health or physical property;

(9) To accept, receive, and administer grants or other funds or gifts for the purpose of carrying out any of the functions of this chapter including any moneys given under any federal law to the state for air pollution control activities, surveys, or programs;

(10) To require the prior submission and approval of plans, specifications, and other data relative to the construction, installation, and modification of air pollution control systems, devices, or any of its parts, and to inspect the installations and modifications to insure compliance with the approved plans and to require approval to operate the system;

(11) To require the prior submission and approval of plans, specifications, and other data relative to the construction, installation, or modification of any machine, equipment, device, article, or facility capable of becoming a source of air pollution, subject to the promulgation of rules and regulations under this chapter defining the classes and types of machines, equipment, devices, articles, or facilities subject to this approval;

(12) To make, issue, and amend rules and regulations consistent with this chapter for the prevention, control, abatement, and limitation of air pollution, and the enforcement of orders issued under this chapter. Those rules and regulations for the control of pollution need not be uniform throughout the state. The director may prohibit emissions, discharges and/or releases and may require specific control technology. In addition, the director may regulate the emission characteristics of all fuels used by stationary and mobile sources of air contaminants, provided, the specific control technology and emission characteristics of fuels shall not be more stringent than the mandatory standards established by federal law or regulation, unless it can be shown that the control technology and emission characteristics of fuels are needed for the attainment or maintenance of air quality standards. Variations of the standards may be based on considerations of population density, meteorological conditions, contaminant emissions, air quality, land development plans, and any other factors that may be relevant to the protection of the air resources of the state;

(13) To consult the board on the policies and plans for the control and prevention of air pollution;

(14) To exercise all incidental powers necessary to carry out the purposes of this chapter;

(15) To require that an approval to operate be obtained for any machine, equipment, device, article, or facility, or any source which is emitting any extremely toxic air contaminant, subject to the promulgation of rules and regulations under this chapter defining the categories and capacities of machines, equipment, devices, articles, or facilities subject to this permission. Any approval issued may set forth inspection, monitoring, compliance certification and reporting requirements to assure compliance with approval terms and conditions;

(16) To require any person who owns or operates any machine, equipment, device, article, or facility which has the potential to emit any air contaminant, or which is emitting any extremely toxic air contaminant, to install, maintain, and use air pollution emission monitoring devices and to submit periodic reports on the nature and amounts of air contaminant emission from the machine, equipment, device, article, or facility;

(17) To require, as a condition, to the grant of any approval, license, or permit required by this chapter, that the person applying for an approval, license, or permit, first pay to the director a reasonable fee based on the costs of reviewing and acting upon the application and based on the costs of implementing and enforcing the terms of the approval, license, or permit;

(18) In addition, the director shall collect an annual operating fee from sources subject to the requirements of an approval to operate under this chapter and subject to the requirements of title V of the Clean Air Amendments of 1990, 42 U.S.C. § 7661 et seq. The fee shall be calculated by the director on a weight basis for pollutants actually emitted, after controls. This operating fee shall be determined by regulation and shall be consistent with the fee required under 42 U.S.C. § 7661a(b)(3)(B). The operating fees collected shall not be in excess of the amount needed to cover all reasonable (direct and indirect) costs required to develop and administer an operating permit program pursuant to the requirements of title V, of the Clean Air Act amendments of 1990;

(19) No person shall operate any machine, facility, or device which is subject to approval or permit by the department without an approval or permit of the department. No source may operate after an approval or permit has been denied. Any approval or permit issued under this section may be suspended, revoked or amended by the director at any time upon a showing, after notice and hearing, that the permittee has failed to comply with the provisions of this chapter, rules and regulations promulgated by the director pursuant to this chapter, or the terms and conditions of the approval or permit, or upon a showing, after notice and hearing, that the continued operation of the approved or permitted source constitutes a threat to the health and safety of the public or to the environment. In any proceeding for revocation, suspension, or amendment of an approval or permit pursuant to this subsection, the director will provide the affected party with the opportunity for an adequate hearing. No revocation, annulment, or withdrawal of any approval or permit is lawful unless, the agency sent notice by mail to the permittee or possessor of an approval of the facts or conduct or violation which warrant the action, and the permittee or possessor of an approval is given an opportunity at hearing to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of approval or permit may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined;

(20) No approval or permit required under this chapter shall be issued by the director if the approval or permit contains provisions that are determined by the administrator of the Environmental Protection Agency not to be in compliance with the requirements of the federal Clean Air Act (42 U.S.C § 7401 et seq.). The administrator of the EPA shall provide a statement of the reasons for the objection to the director. A copy of the objection and statement shall be provided to the applicant. The director shall withhold the issuance of the approval or permit until the applicant has successfully satisfied the concerns of the administrator of EPA or his or her designee;

(21) The department may establish a small business stationary source technical and environmental compliance assistance program. The department may use general revenue funding to cover the cost of administering this program. The department shall have the power to give grants, and conduct educational and/or outreach programs;

(22) To promulgate regulations to apply at the earliest to the 1993 model year and beyond, relating to emission standards for new motor vehicles and new motor vehicle engines, warranties for motor vehicles and motor vehicle parts, recall of motor vehicles, accreditation of motor vehicle parts, and any other matters relating to the enforcement of these regulations, provided, the regulations so promulgated shall not be more stringent than the mandatory standards established by federal law or regulation, unless the regulations are needed for the attainment or maintenance of air quality standards;

(23) Nothing in this section shall allow the department to administer an inspection and maintenance program for automobiles without approval of the general assembly;

(24) In addition to the powers and duties enumerated in this section, the director shall have all appropriate power to adopt rules, regulations, procedures, programs, and standards as mandated by the authorization of the federal Clean Air Act, 42 U.S.C. § 7401 et seq.
R.I. Gen. Laws § 23-19-19 — RI Code / Title 23 / Chapter 23-19 / Section 23-19-19
§ 23-19-19. Remedies of bondholders and noteholders.
Status: in_force

(a) In the event that the corporation shall default on the payment of principal of or interest on any bonds or notes issued under this chapter after the bonds or notes shall become due, whether at maturity or upon call for redemption, and the default shall continue for a period of thirty (30) days, or in the event that the corporation shall fail or refuse to comply with the provisions of this chapter, or shall default in any agreement made with the holders of an issue of bonds or notes of the corporation, the holders of twenty-five percent (25%) in the aggregate principal amount of the outstanding bonds or notes of the issue, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of the bonds or notes for the purposes provided in this section.

(b) The trustee may, and upon written request of the holders of twenty-five percent (25%) in principal amount of the outstanding bonds or notes shall, in the trustees own name:

(1) Enforce all rights of the bondholders or noteholders, including the right to require the corporation to collect rent, interest, repayments, and payments on the leases, mortgages, loan agreements, sales agreements, and other contracts held by it adequate to carry out any agreement as to, or pledge of, rent, interest, repayments, and payments, and to require the corporation to carry out any other agreements with the holders of the bonds or notes, and to perform its duties under this chapter;

(2) Enforce all rights of the bondholders or noteholders, so as to carry out any contract as to, or pledge of revenues, and to require the corporation to carry out and perform the terms of any contract with the holders of the bonds or notes or its duties under this chapter;

(3) Bring suit upon all or any part of the bonds or notes;

(4) By action or suit, require the corporation to account as if it were the trustee of an express trust for the holders of the bonds or notes;

(5) By action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the bonds or notes;

(6) Declare all the bonds or notes due and payable and, if all defaults shall be made good, then with the consent of the holders of twenty-five percent (25%) of the principal amount of the outstanding bonds or notes, to annul the declaration and its consequences.

(c) The trustee shall, in addition to the provisions of subsections (a) and (b), have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

(d) Before declaring the principal of bonds or notes due and payable, the trustee shall first give thirty (30) days notice in writing to the governor, to the corporation and to the attorney general of the state.

(e) The superior court of Providence County shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or noteholders.
R.I. Gen. Laws § 23-19-2 — RI Code / Title 23 / Chapter 23-19 / Section 23-19-2
§ 23-19-2. Legislative findings.
Status: in_force

The general assembly recognizes and declares that:

(1) The people of the state desire to promote a clean and wholesome environment;

(2) Many municipalities have serious solid-waste management problems and face difficulty in providing adequate services at reasonable costs;

(3) Inefficient practices and poor management techniques result in pollution problems and environmental deterioration and result in a waste of land and other valuable resources;

(4) Solid-waste management problems are statewide in scope and necessitate state action through technical assistance and leadership in the application of new and improved methods and processes to reduce the amount of solid waste that must be disposed of, and to promote environmentally acceptable and economically sound solid-waste management;

(5) The continuing technological processes and improvements in the methods of manufacture, packaging, and marketing of consumer products, has resulted in an increased volume, and in a change in the characteristics, of material being discharged;

(6) The economic and population growth of the state and the improvements in the standards of living enjoyed by the people of the state have required increased industrial production together with related commercial operations to meet these needs, all of which has resulted in an increasing volume of discharged materials;

(7) The failure or inability to economically recover and recycle materials and energy resources from solid waste results in the unnecessary waste and depletion of natural resources;

(8) Provision for necessary, cost-efficient, and environmentally sound systems, facilities, technology, and services for solid-waste management and resource recovery is a matter of important public interest and concern, and action taken in this regard will be for a public purpose and will benefit the public welfare;

(9) The landfill disposal of solid waste, even under the most ideal conditions, creates a long-term potential for pollution and environmental degradation;

(10) Recycling facilities must be integrated into the development of all solid-waste-disposal facilities under the jurisdiction of the Rhode Island resource recovery corporation;

(11) The central landfill is a public resource of limited and finite capacity that the state, as guardian and trustee for its people, has the right and the obligation to preserve for the use of its people;

(12) The state, by creating the Rhode Island resource recovery corporation and through it operating the central landfill, is a participant in the landfill services market and has entered that market for the purpose of serving the citizens, residents, and municipalities of this state; and

(13) Solid-waste diversion is necessary and therefore it is the policy goal of the state that not less than fifty percent (50%) of the solid waste generated be diverted through diversion, source reduction, re-use, recycling, or composting by 2025.
R.I. Gen. Laws § 23-1-5.1 — RI Code / Title 23 / Chapter 23-1 / Section 23-1-5.1
§ 23-1-5.1. Laboratory testing services.
Status: in_force

(a) The director of health is authorized to provide, upon request, testing for all private water supplies used as sources of drinking water. This testing shall be on a voluntary basis and does not confer upon the director or department of health jurisdiction over that private water supply, in addition to that provided for elsewhere.

(b) The director is further authorized to provide, upon request, testing for public water supplies used as sources of drinking water. The testing shall be on a voluntary basis and does not confer upon the director or department of health jurisdiction over public water supplies in addition to that provided for elsewhere.

(c) The director of health is further authorized to provide, upon request, testing for other substances of public health concern such as radon in air, lead in paint and soil, and other indoor air pollutants. The testing shall be on a voluntary basis and does not confer upon the director or department of health any additional jurisdiction.

(d) The director is further authorized to establish fees by regulation. The fees as established by the director shall be related to the costs incurred in operating the program and may include administrative, personnel, equipment, and any other related costs necessary to carry out the provisions of this section of the law. All fees collected under this section shall be placed into the general fund.
R.I. Gen. Laws § 23-19-31 — RI Code / Title 23 / Chapter 23-19 / Section 23-19-31
§ 23-19-31. Recycling facility at central landfill.
Status: in_force

The Rhode Island resource recovery corporation shall construct a recycling facility at the states central landfill. This facility will receive separated recyclable waste as defined by the department of environmental management; provided, that the definition shall include, but not be limited to, plastic materials that contain the plastic resins used to produce products labeled (1) through (7) with the numbers clearly marked on the product and contained in a triangle formed by chasing arrows. The products shall be generated as part of daily, municipal, non-municipal residential, or commercial activities. The corporation shall accept plastic materials labeled (3) through (7) for recycling no later than June 30, 2013. Plastic resin by-products, or products produced for industrial use, shall not be required to be accepted at the recycling facility, unless deemed appropriate for processing by the corporation. The corporation shall use its reasonable efforts to market the recyclable materials to local commercial users of the material, including owners/tenants located in any industrial/business park developed pursuant to § 23-19-35.1(c), consistent with receiving optimum prices. The corporation shall also use its reasonable efforts to market finished goods made from recyclable materials to local commercial users of those goods, and shall offer these goods for sale through a quarterly competitive bid process consistent with industry practices. No bid contract shall exceed one calendar year. The corporation shall provide a thirty (30) calendar day prior public notice for any bid contract which would exceed one month. Neither the corporation nor any private concern operating the recycling facility pursuant to §§ 23-19-3(10) and 23-19-9(a)(6) shall purchase recyclable materials from the facility or for processing at that facility. The corporation will provide this service at no tipping cost to the cities and towns for materials delivered to the recycling facility.
R.I. Gen. Laws § 23-97-2 — RI Code / Title 23 / Chapter 23-97 / Section 23-97-2
§ 23-97-2. Definitions.
Status: in_force

(a) As used in this chapter:

(1) Assessment mechanism means automated or virtual equipment, application, or technology designed to be used on a telephone, a computer, or an internet-accessible device that may be used either in person or remotely to conduct an eye assessment, and includes artificial intelligence devices and any equipment, electronic or nonelectronic, that is used to perform an eye assessment.

(2) Contact lens means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect, including any cosmetic, therapeutic, or corrective lens.

(3) Eye assessment means an assessment of the ocular health and visual status of a patient that may include, but is not limited to, objective refractive data or information generated by an assessment mechanism or an automated testing device, including an autorefractor, in order to establish a medical diagnosis for the correction of vision disorders.

(4) Person means an individual, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity.

(5) Prescription means a handwritten or electronic order issued by a provider that includes:

(i) In the case of contact lenses, all information required by the Fairness to Contact Lens Consumers Act, 15 U.S.C. § 7601 et seq.;

(ii) In the case of visual aid glasses, all information required by the Ophthalmic Practice Rules, also known as the Eyeglass Rule, 16 C.F.R. Part 456; and

(iii) Necessary and appropriate information for the dispensing of visual aid glasses or contact lenses for a patient, including the providers name, license number, physical address with which the provider is associated, and telephone number.

(6) Provider means a healthcare professional licensed under chapter 35.1 or 37 of title 5.

(7) Visual aid glasses means eyeglasses, spectacles, or lenses designed or used to correct visual defects, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement. Visual aid glasses do not include optical instruments or devices that are:

(i) Not intended to correct or enhance vision;

(ii) Sold without consideration of the visual status of the individual who will use the optical instrument or device, including nonprescription sunglasses, plano lenses that are clear, colored, or tinted, or lenses that are designed and used solely to filter out light;

(iii) Completely assembled eyeglasses or spectacles designed and used solely to magnify; or

(iv) Nonprescription eyewear exempted from the provisions of § 5-35.1-10, namely simple reading magnifying glasses, toy glasses, goggles consisting of plano white or plano colored lenses, or ordinary colored glasses.
R.I. Gen. Laws § 23-23-16 — RI Code / Title 23 / Chapter 23-23 / Section 23-23-16
§ 23-23-16. Emergencies.
Status: in_force

Notwithstanding the provisions of this chapter or any other provisions of this law, if the director of environmental management finds or has cause to believe or is notified by the director of health that any person is violating any provision of this chapter or any rule or regulation or any order made under this chapter and that violation or alleged violation is an immediate danger to public health or safety, he or she may order that person to cease the violation or alleged violation. Within twenty-four (24) hours after issuing the order or any longer time as the alleged violator may designate, the director shall grant the person a hearing. Not more than twenty-four (24) hours after the conclusion of the hearing, the director shall affirm, modify, or set aside the order.
R.I. Gen. Laws § 23-59-9 — RI Code / Title 23 / Chapter 23-59 / Section 23-59-9
§ 23-59-9. Waivers.
Status: in_force

No act, agreement, or statement of any resident or by an individual purchasing care for a resident under any agreement to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the individual purchasing care for the resident.
R.I. Gen. Laws § 23-19-37 — RI Code / Title 23 / Chapter 23-19 / Section 23-19-37
§ 23-19-37. Financial accountability.
Status: in_force

The general assembly recognizes that the cost of statewide waste disposal is inherently substantial and, therefore, must be subject to effective cost control. To this end, the general assembly declares that the corporation shall:

(1) Furnish the house fiscal advisor with a copy of its proposed budget on or before October 1 of each year.

(2) Submit to the general assembly a quarterly comparison of actual versus budget for all revenues and expenditures by line item no later than thirty (30) days after the close of each quarter.

(3) To prepare and to report each October 1, a five-year financial projection of anticipated general revenue receipts and expenditures, including detail of principal revenue sources and expenditures by major program areas.
R.I. Gen. Laws § 23-1-27 — RI Code / Title 23 / Chapter 23-1 / Section 23-1-27
§ 23-1-27. Exemption from hearing provisions of Administrative Procedures Act.
Status: in_force

The provisions of §§ 42-35-9 through 42-35-18 shall not apply to this chapter.
R.I. Gen. Laws § 23-39-12 — RI Code / Title 23 / Chapter 23-39 / Section 23-39-12
§ 23-39-12. Denial, suspension, revocation, and reinstatement of licenses.
Status: in_force

The board may refuse to issue or may suspend or revoke any license in accordance with the procedures set forth in the Administrative Procedures Act, chapter 35 of title 42, for any of the following causes:

(1) Fraud in the procurement of any license under this chapter;

(2) Imposition of any disciplinary action upon a person by any agency of another state which regulates respiratory care but not to exceed the period or extent of that action;

(3) Conviction of a crime which substantially relates to the qualifications, functions or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction;

(4) Impersonating or acting as a proxy for an applicant in any examination given under this chapter;

(5) Habitual or excessive use of intoxicants or drugs;

(6) Gross negligence in his or her practice as a respiratory care practitioner;

(7) Violating any of the provisions of this chapter or any rules or regulations duly adopted under this chapter or aiding or abetting any person to violate the provisions of or any rules or regulations adopted under this chapter;

(8) Engaging in acts of unprofessional conduct as defined by rule and regulation; or

(9) Committing any fraudulent, dishonest or corrupt act which is substantially related to the qualifications, functions, or duties of a respiratory care practitioner.
R.I. Gen. Laws § 23-19-13.1 — RI Code / Title 23 / Chapter 23-19 / Section 23-19-13.1
§ 23-19-13.1. Disposal of solid waste originating outside the state prohibited  Rules and regulations.
Status: in_force

(a) No person, firm, corporation, transfer station, or any other commercial entity engaged in the business of collecting, disposing, sorting, separating, recycling, processing, manufacturing, or remanufacturing of solid waste shall deposit or cause to be deposited solid waste that is generated or collected outside the territorial limits of this state at the central landfill, except as provided in this section. Each deposit in violation of the provisions of this section shall be punishable by imprisonment for up to three (3) years and/or a fine not to exceed fifty thousand dollars ($50,000).

(b)(1) Recyclable materials originating out-of-state that can be segregated into saleable commodities shall be allowed to be brought to the Rhode Island resource recovery corporations recycling facilities for the purpose of further separation and/or sale, the profit of which shall be distributed as follows:

(i) Twenty-five percent (25%) to the town of Johnston. Such funds shall be held in a restricted account entitled High Hazard Dam and Storm Water Mitigation fund and be used exclusively for the repair and reconstruction of the OakSwamp Reservoir dam, including gate house and the Lower Simmons Reservoir Dam. Any remaining or future funds will be used for maintenance of the aforementioned dams and other storm water mitigation projects in the town of Johnston.

(ii) Twenty-five percent (25%) to the corporation.

(iii) Fifty percent (50%) to the remaining thirty-eight (38) municipalities to be distributed on a pro rata basis in accordance with the corporations distribution of in-state recyclable profits to municipalities. The town of Johnston shall continue to receive its pro rata share of state recyclable profits.

(2) Nothing contained in this subsection shall allow the corporation to accept out-of-state construction and demolition debris materials.

(c) The Rhode Island resource recovery corporation shall promulgate any rules and regulations that may be necessary to ensure that solid waste that is generated or collected outside the territorial limits of this state is not deposited at the central landfill.

The rules and regulations shall provide that any commercial entity engaged in the business of collecting, disposing, sorting, separating, recycling, processing, manufacturing or remanufacturing solid waste, which deposits or causes to be deposited solid waste at the central landfill shall provide a certification to the corporation, via United States mail, that the waste was not generated or collected outside the territorial limits of this state. The certification shall be required to be made not less than every thirty (30) days, setting forth the date and time of each deposit within the thirty (30) day period and shall be under oath, stating that the oath is made under the pains and penalties of perjury.

(d) Any fine collected pursuant to the provisions of this section shall be remitted to the environmental response fund established pursuant to §23-19.1-23. The town of Johnston and the department of attorney general shall be reimbursed from the environmental response fund for reasonable costs associated with the enforcement and prosecution of any violation of §23-19-13.1; provided, however, that the amounts reimbursed shall not exceed the amount of fine monies collected for that violation pursuant to this section. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or as much of that sum as may be deemed necessary, from time to time, upon receipt by him or her of properly authenticated vouchers.
R.I. Gen. Laws § 23-33-1 — RI Code / Title 23 / Chapter 23-33 / Section 23-33-1
§ 23-33-1. Definitions.
Status: in_force

In this chapter unless the context otherwise requires:

(1) Authorized inspector means an inspector of elevators employed by (i) an insurance company, or making inspection for an insurance company, or (ii) any person, firm, or corporation engaged in the business of inspecting elevators, to whom, under the provisions of this chapter, a permit is issued either as a result of an examination or because of experience and fitness, as determined by the chief of the division of occupational safety.

(2) Building means any structure existing or hereafter erected in any part of this state except a private dwelling when used as such, and except any building located on a United States government reservation.

(3) Chief inspector means the existing position of chief elevator inspector as appointed by the director of labor and training.

(4) Code of rules means the standard code of rules formulated and adopted by the code commission for occupational safety and health under the provisions of this chapter and of chapter 20 of title 28.

(5) Commission means the code commission for occupational safety and health created under § 28-20-22.

(6) Compliance inspector means an industrial safety technician (also known as a safety compliance inspector) who holds a certification as a qualified elevator inspector as required by the American society of mechanical engineers and is appointed by the director of labor and training under the provisions of chapter 20 of title 28.

(7) Director shall mean the director of labor and training or his or her duly authorized representative.

(8) Elevator means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. The term elevator or other device, whenever used in this chapter shall include but not be limited to dumbwaiters, vertical reciprocating conveyors, wheelchair lifts, and material lifts. The term elevator shall also include any lifting and lowering mechanisms moving in fixed guides, erected and used solely during and in aid of the construction, alteration, or demolition of buildings.

(9) Escalator means a moving, inclined, continuous stairway or runway used for raising or lowering passengers.

(10) Full maintenance contract shall mean a signed contract between a qualified service company and the owner or responsible party of an elevator, escalator, or other device subject to the provisions of this chapter. The contract shall provide that all parts of the elevator or other device shall be maintained in compliance with the rules and regulations promulgated by the commission and shall provide for service inspections by a qualified mechanic within specific periods for the duration of the contract. Code revisions, vandalism, or acts of God are excluded from the contract unless specifically stated within the contract. In addition, the contract shall state the number of nonchargeable service calls per month as well as the rate for emergency or chargeable calls. The contract shall also provide a means of emergency dispatching and reasonable response time.

(11) Owner means any person owning, operating, or in charge or control of any elevator or escalator, or other device subject to the provisions of this chapter as defined in this section.

(12) Qualified mechanic shall mean a person employed by a qualified service company to whom, due to experience and qualifications, a license to construct, install, maintain, or repair elevators, escalators or other devices subject to the provisions of this chapter has been issued by the administrator of the division of occupational safety.

(13) Qualified service company shall mean a firm or corporation engaged in the business of construction, installation, maintenance or repair of elevators, escalators or other devices subject to the provisions of this chapter to which a license to conduct such business has been issued by the administrator of the division of occupational safety.

(14) Review board shall mean the occupational safety and health review board created under § 28-20-19.
R.I. Gen. Laws § 23-88-3 — RI Code / Title 23 / Chapter 23-88 / Section 23-88-3
§ 23-88-3. Meeting and reporting requirements.
Status: in_force

The council shall meet regularly and present and report its findings and recommendations to the senate housing and municipal government committee by March 31, 2014. The council shall cease to exist on July 1, 2015.
R.I. Gen. Laws § 23-13-2 — RI Code / Title 23 / Chapter 23-13 / Section 23-13-2
§ 23-13-2. Acceptance of gifts.
Status: in_force

(a) In addition to sums of money received from the federal government and in addition to appropriations made by the general assembly, the state department of health may accept in the name of and in behalf of the state gifts of money, other than federal and state government allotments or appropriations, which shall be construed as gifts and shall be deposited by the general treasurer in an account or accounts of the department that the director of health may designate.

(b) The provisions of § 35-4-1 shall not apply to the subsection (a) of this section, insofar as they relate to the disposal of money received as gifts.
R.I. Gen. Laws § 23-66-6 — RI Code / Title 23 / Chapter 23-66 / Section 23-66-6
§ 23-66-6. Expansion of existing sewage sludge incineration facilities  Assessment not required.
Status: in_force

(a) In order to receive state permits, approvals, or financing, the proponent of expansion of an existing sewage sludge incineration facility shall be required to install and/or use the best available control technology, as defined by the federal Clean Air Act, 42 U.S.C. § 7401, et seq. Expansion shall be defined as an increase in design capacity, as registered pursuant to the department of environmental management air pollution control regulations, of ten percent (10%) or more.

(b) The proponent of expansion of an existing sewage sludge incineration facility shall not be required to complete a comprehensive health risk assessment.

(c) Any proponent of expansion of an existing sewage sludge incineration facility shall comply with the requirements of § 23-66-5(b) and (c) with respect to public notice, public comment, and holding a public hearing.
R.I. Gen. Laws § 23-96-3 — RI Code / Title 23 / Chapter 23-96 / Section 23-96-3
§ 23-96-3. Regulations.
Status: in_force

The department of environmental management shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter.
R.I. Gen. Laws § 23-80-1 — RI Code / Title 23 / Chapter 23-80 / Section 23-80-1
§ 23-80-1. Short title.
Status: in_force

This chapter shall be known and may be cited as the Safe Patient Handling Act of 2006.
R.I. Gen. Laws § 23-25-30 — RI Code / Title 23 / Chapter 23-25 / Section 23-25-30
§ 23-25-30. Delegation of directors duties.
Status: in_force

The functions vested in the director may be delegated by the director to any employees of the department of environmental management as may be found desirable or necessary from time to time to carry out the responsibilities of this chapter.
R.I. Gen. Laws § 23-15-4.1 — RI Code / Title 23 / Chapter 23-15 / Section 23-15-4.1
§ 23-15-4.1. Exemption for nonclinical capital expenditures.
Status: in_force

Notwithstanding the requirements of any other provisions of any general or public laws, capital expenditures by a health care facility that are not directly related to the provision of health services as defined in this chapter, including, but not limited to, capital expenditures for parking lots, billing computer systems, and telephone systems, shall not require a certificate of need review and approval by the state agency.
R.I. Gen. Laws § 23-103-6 — RI Code / Title 23 / Chapter 23-103 / Section 23-103-6
§ 23-103-6. Monitoring and enforcement.
Status: in_force

(a) The commission shall monitor each facilitys compliance with the requirements of this chapter using any of the following methods:

(1) Evaluating complaints made by persons to the commission regarding noncompliance with this chapter;

(2) Reviewing any analysis prepared regarding noncompliance with this chapter;

(3) Auditing the internet websites of facilities for compliance with this chapter; and

(4) Confirming that each facility submitted the lists required under § 23-103-5.

(b) If the commission determines that a facility is not in compliance with a provision of this chapter, the commission may take any of the following actions, without regard to the order of the actions:

(1) Provide a written notice to the facility that clearly explains the manner in which the facility is not in compliance with this chapter;

(2) Request a corrective action plan from the facility if the facility has materially violated a provision of this chapter, as determined under § 23-103-7; and

(3) Impose an administrative penalty on the facility and publicize the penalty on the commissions internet website if the facility fails to:

(i) Respond to the commissions request to submit a corrective action plan; or

(ii) Comply with the requirements of a corrective action plan submitted to the commission.
R.I. Gen. Laws § 23-94-1 — RI Code / Title 23 / Chapter 23-94 / Section 23-94-1
§ 23-94-1. Short title.
Status: in_force

This chapter shall be known and may be cited as the Prevention of Conversion Therapy for Children Act.
R.I. Gen. Laws § 23-97-5 — RI Code / Title 23 / Chapter 23-97 / Section 23-97-5
§ 23-97-5. Penalties.
Status: in_force

(a) Any person who violates any provision of this chapter or the rules or regulations promulgated by the department of health shall, in addition to any other penalty provided by law, pay a civil penalty to the state in an amount not to exceed ten thousand dollars ($10,000) for each violation, to be deposited as general revenue.

(b) Any person charged in a complaint filed by the department of health or the office of the attorney general with violating any of the provisions of this chapter shall be entitled to an administrative hearing conducted in accordance with chapter 35 of title 42.

(c) Any person aggrieved by a final order issued under the authority of this chapter shall have the right of an appeal by filing a petition in the state superior court.

(d) Nothing in this chapter shall restrict the department of health from enforcing disciplinary action against a provider pursuant to chapters 35.1 and 37 of title 5, and any rules or regulations promulgated thereunder.
R.I. Gen. Laws § 23-3-8 — RI Code / Title 23 / Chapter 23-3 / Section 23-3-8
§ 23-3-8. Compensation of local registrars.
Status: in_force

(a) Each local registrar not otherwise compensated out of the respective town or city treasuries for this purpose shall be paid by the town or city the sum of twenty cents ($0.20) for each certificate of birth, death, fetal death, or marriage registered by him or her and transmitted to the state registrar of vital records in accordance with the rules and regulations issued under this chapter.

(b) If no birth, death, fetal death, or marriage is registered by him or her during any calendar month, the local registrar shall report that fact to the state registrar of vital records.
R.I. Gen. Laws § 23-39-15 — RI Code / Title 23 / Chapter 23-39 / Section 23-39-15
§ 23-39-15. Severability.
Status: in_force

If a part of this chapter is held unconstitutional or invalid, all valid parts that are severable from the invalid or unconstitutional part shall remain in effect. If a part of this chapter is held unconstitutional or invalid in one or more of its applications, the part shall remain in effect in all constitutional and valid applications that are severable from the invalid applications.
R.I. Gen. Laws § 23-17-33 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-33
§ 23-17-33. Pap smears  Quality assurance standards.
Status: in_force

Any licensed health care facility in which pap smears are taken shall submit the smear for processing only to a laboratory which is licensed by the department of health specifically to perform cervical cytology, or is accredited by the American Society of Cytology, or is accredited by the College of American Pathologists, or is a hospital accredited by the joint commission for the accreditation of health care organizations, or is a hospital accredited by the American Osteopathic Association.
R.I. Gen. Laws § 23-83-2 — RI Code / Title 23 / Chapter 23-83 / Section 23-83-2
§ 23-83-2. Definitions.
Status: in_force

As used in this chapter, the following terms are defined as follows:

(1) Mixed bank is a bank that maintains a supply of unrelated cord blood units philanthropically donated by transplantation or research purposes to unrelated recipients and also for a fee stores cord blood for autologous use and use by family members.

(2) Obstetrical professional or facility is licensed health care providers, including, but not limited to, hospitals, birthing centers, health clinics, midwives, obstetricians and other physicians who provide obstetrical services.

(3) Private cord blood bank is a bank that for a fee stores cord blood units for autologous or family use.

(4) Public cord blood bank is a bank that maintains a supply of unrelated cord blood units that are philanthropically donated for transplantation or research purposes. This bank may also store a limited number of units for autologous or family use when a disease that is treatable by cord blood transplantation is known to exist within the donors family.

(5) Umbilical cord blood is the blood that remains in the umbilical cord and placenta after the birth of a newborn child.
R.I. Gen. Laws § 23-1-42 — RI Code / Title 23 / Chapter 23-1 / Section 23-1-42
§ 23-1-42. Renewal of licenses, certifications and registration  Date changes.
Status: in_force

Notwithstanding the licensure, certification, or registration renewal dates specified in statutes governing assisted living residences, health care facilities, professions and occupations administered by the department of health, the director of health may, by regulation, set the dates for licensure, certification, or registration renewals for classes of these assisted living residences, health care facilities, professions and occupations for administrative purposes. Further, the director of health may prorate or otherwise alter those fees to allow for the appropriate implementation of the revisions; provided, however, that the fees charged shall be no greater than would otherwise be allowed for by statute for the relative period of licensure, certification, or registration.
R.I. Gen. Laws § 23-98-5 — RI Code / Title 23 / Chapter 23-98 / Section 23-98-5
§ 23-98-5. Victims rights to notice.
Status: in_force

(a) All victims of sexual assault shall have the right to:

(1) Consult with a sexual assault victim advocate on a confidential and privileged basis during the forensic medical exam, and during any interview with law enforcement, prosecutors, or defense attorneys. Waiving the right to a victim advocate in one instance does not negate this right. The medical facility, law enforcement officer, or prosecutor shall inform the victim of his or her rights prior to commencement of a medical forensic examination or law enforcement interview, and shall not continue unless such right is knowingly and voluntarily waived;

(2) Information, upon request, of the location, testing date, and testing results of a kit; whether a DNA profile was obtained from the kit; whether there are matches to DNA profiles in state or federal databases; and the estimated destruction date for the kit, all in a manner of communication designated by the victim;

(3) Be informed when there is any change in the status of their case, including if the case has been closed or reopened;

(4) Receive written notification, upon request, from the appropriate official with custody of a victims sexual assault evidence kit not later than sixty (60) days before the date of the intended destruction or disposal;

(5) Be granted further preservation of the kit or its probative contents;

(6) Designate a person of the victims choosing to act as a recipient of the information provided under this section;

(7) Be informed about how to file a report with law enforcement and have their kit tested in the future, if the victim shall decide not to file a report at the time the kit is first collected;

(8) Be informed about the right to apply for victim compensation; and

(9) Be provided with the contact information for the designated liaison at the time that a kit is collected.

(b) A survivor retains all the rights contained in this chapter at all times, regardless of whether the survivor agrees to participate in any investigation, prosecution, or generally, in the criminal justice system of any court of this state and regardless of whether the survivor consents to a medical evidentiary or physical examination to collect sexual assault forensic evidence.

(c)(1) The attorney general, in consultation with the victim service providers and victim advocacy organizations, shall promulgate and publish a sexual assault victims bill of rights for purposes of informing sexual offense victims of their rights under state law. Such bill of rights shall be prominently published on the department of the attorney generals website, in plain, easy to understand language and in at least the ten (10) most common languages spoken in this state, and distributed to hospitals as a document which shall be provided to every presenting sexual offense victim. The department of the attorney general may update the bill of rights as necessary to reflect changes in state law and more accurately explain the law.

(2) In advance or at the beginning of the medical forensic examination and law enforcement interview, medical professionals, victim advocates, law enforcement officers, or prosecutors shall provide victims with the bill of rights as created by the attorney general identifying their rights under law, including the rights granted pursuant to this section.

(d) The attorney general, in coordination with victim service providers, shall ensure that trauma-informed, survivor-focused, statewide policies and procedures for law enforcement shall be adopted concerning contact with victims and notification concerning kits.
R.I. Gen. Laws § 23-24-6 — RI Code / Title 23 / Chapter 23-24 / Section 23-24-6
§ 23-24-6. Embargoed articles  Condemnation and destruction.
Status: in_force

(a) Whenever the director of the consumer protection unit of the department of attorney general finds or has probable cause to believe that any article is a misbranded hazardous substance or a banned hazardous substance or that it presents an electrical, mechanical, or thermal hazard within the meaning of this chapter, the director shall order to be affixed to the article a tag or other appropriate marking, giving notice that the article is or is suspected of being misbranded or banned, or an electrical, mechanical, or thermal hazard and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the director or the court. It shall be unlawful for any person to remove or dispose of any detained or embargoed article by sale or otherwise without permission.

(b) When an article detained or embargoed under subsection (a) has been found by the director to be misbranded or banned or an electrical, mechanical, or thermal hazard, the director shall petition the proper judge of the court in whose jurisdiction the article is detained or embargoed for a libel condemnation of the article; when the director has found that an article detained or embargoed is not misbranded, banned, or an electrical, mechanical, or thermal hazard, the director shall order the removal of the tag or other marking.

(c) If the court finds that a detained or embargoed article is misbranded, banned, or an electrical, mechanical, or thermal hazard, the article shall, after entry of the decree, be destroyed at the expense of the claimant, under the supervision of the director or his or her designee, and all court costs, fees and storage and other proper expenses, shall be taxed against the claimant of the article or his or her agent; provided, that when the misbranding or the electrical, mechanical, or thermal hazard can be corrected, the court, after entry of the decree and after any costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article has been properly corrected, has been executed, may by order direct that the article be delivered to the claimant for the correction under the supervision of an agent of the director of the consumer protection unit or his or her designee. The expense of that supervision shall be paid by the claimant. The article shall be returned to the claimant of the article on representation to the court by the director of the consumer protection unit that the article is no longer in violation of this chapter and that the expenses of supervision have been paid.
R.I. Gen. Laws § 23-60-6 — RI Code / Title 23 / Chapter 23-60 / Section 23-60-6
§ 23-60-6. Disposal of used vehicle batteries.
Status: in_force

(a) No person shall dispose of any vehicle battery within the state except by delivery of the same to a dealer, distributor, or manufacturer or the Rhode Island resource recovery corporation, or to a privately operated recycling facility within the state licensed by the director for that purpose or by delivery for transportation to an out-of-state recycling facility.

(b) When delivered to the resource recovery corporation for disposal, the corporation shall be paid a separate disposal fee at the time of delivery. This fee shall be set from time to time by the corporation to fully cover the cost of storage and transportation out of Rhode Island, or, if it is not feasible to transport out of Rhode Island, then the cost of recycling the materials of the battery and disposing of any residue.

(c) The department of environmental management shall provide a notice concerning the disposal of batteries to all retailers. The notice shall be 8.5 x 11 inches and all notices shall be of the same color, typeface, and type size. The notice shall include all of the following information: (1) it is illegal to dispose of a vehicle battery in a landfill or an incinerator; (2) vehicle batteries should be recycled; and (3) retailers must accept used vehicle batteries in trade. Retailers shall post this notice in a place where it can be readily observed by consumers.
R.I. Gen. Laws § 23-17-40 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-40
§ 23-17-40. Hospital and freestanding emergency-care facility events reporting.
Status: in_force

(a) Definitions. As used in this section, the following terms shall have the following meanings:

(1) Adverse event means injury to a patient resulting from a medical intervention, and not to the underlying condition of the patient.

(2) Checklist of care means predetermined steps to be followed by a team of healthcare providers before, during, or after a given procedure to decrease the possibility of adverse effects and other patient harm by articulating standards of care.

(b) Reportable events as defined in subsection (c) shall be reported to the department of health division of facilities regulation on a telephone number maintained for that purpose. Hospitals and freestanding emergency-care facilities shall report incidents as defined in subsection (c) within twenty-four (24) hours of when the accident occurred or, if later, within twenty-four (24) hours of receipt of information causing the hospital or freestanding emergency-care facility to believe that a reportable event has occurred.

(c) Reportable events are defined as follows:

(1) Fires or internal disasters in the facility that disrupt the provisions of patient-care services or cause harm to patients or personnel;

(2) Poisoning involving patients of the facility;

(3) Infection outbreaks as defined by the department in regulation;

(4) Kidnapping and inpatient psychiatric elopements and elopements by minors;

(5) Strikes by personnel;

(6) Disasters or other emergency situations external to the hospital or freestanding emergency-care facility environment that adversely affect facility operations; and

(7) Unscheduled termination of any services vital to the continued safe operation of the facility or to the health and safety of its patients and personnel.

(d) Any hospital or freestanding emergency-care facility filing a report with the attorney generals office concerning abuse, neglect, and mistreatment of patients, as defined in chapter 17.8 of this title, shall forward a copy of the report to the department of health. In addition, a copy of all hospital notifications and reports made in compliance with the federal Safe Medical Devices Act of 1990, 21 U.S.C. § 301 et seq., shall be forwarded to the department of health within the time specified in the federal law.

(e) Any reportable incident in a hospital that results in patient injury, as defined in subsection (f), shall be reported to the department of health with seventy-two (72) hours or when the hospital has reasonable cause to believe that an incident, as defined in subsection (f), has occurred. The department of health shall promulgate rules and regulations to include the process whereby healthcare professionals with knowledge of an incident shall report it to the hospital; requirements for the hospital to conduct a root-cause analysis of the incident or other appropriate process for incident investigation and to develop and file a performance-improvement plan; and additional incidents to be reported that are in addition to those listed in subsection (f). In its reports, no personal identifiers shall be included. The hospital shall require the appropriate committee within the hospital to carry out a peer-review process to determine whether the incident was within the normal range of outcomes, given the patients condition. The hospital shall notify the department of the outcome of the internal review, and if the findings determine that the incident was within the normal range of patient outcomes, no further action is required. If the findings conclude that the incident was not within the normal range of patient outcomes, the hospital shall conduct a root-cause analysis or other appropriate process for incident investigation to identify causal factors that may have lead to the incident and develop a performance-improvement plan to prevent similar incidents from occurring in the future. The hospital shall also provide to the department of health the following information:

(1) An explanation of the circumstances surrounding the incident;

(2) An updated assessment of the effect of the incident on the patient;

(3) A summary of current patient status, including follow-up care provided and post-incident diagnosis;

(4) A summary of all actions taken to correct identified problems to prevent recurrence of the incident and/or to improve overall patient care and to comply with other requirements of this section.

(f) Incidents to be reported are those causing or involving:

(1) Brain injury;

(2) Mental impairment;

(3) Paraplegia;

(4) Quadriplegia;

(5) Any type of paralysis;

(6) Loss of use of limb or organ;

(7) Hospital stay extended due to serious or unforeseen complications;

(8) Birth injury;

(9) Impairment of sight or hearing;

(10) Surgery on the wrong patient;

(11) Subjecting a patient to a procedure other than that ordered or intended by the patients attending physician;

(12) Any other incident that is reported to their malpractice insurance carrier or self-insurance program;

(13) Suicide of a patient during treatment or within five (5) days of discharge from an inpatient or outpatient unit (if known);

(14) Blood transfusion error; and

(15) Any serious or unforeseen complication, that is not expected or probable, resulting in an extended hospital stay or death of the patient.

(g) This section does not replace other reporting required by this chapter.

(h) Nothing in this section shall prohibit the department from investigating any event or incident.

(i) All reports to the department under this section shall be subject to the provisions of § 23-17-15. In addition, all reports under this section, together with the peer-review records and proceedings related to events and incidents so reported and the participants in the proceedings, shall be deemed entitled to all the privileges and immunities for peer-review records set forth in § 23-17-25.

(j) The department shall issue an annual report by March 31 each year providing aggregate, summary information on the events and incidents reported by hospitals and freestanding emergency-care facilities as required by this chapter. A copy of the report shall be forwarded to the governor, the speaker of the house, the senate president, and members of the health care quality steering committee established pursuant to § 23-17.17-6.

(k) The director shall review the list of incidents to be reported in subsection (f) at least biennially to ascertain whether any additions, deletions, or modifications to the list are necessary. In conducting the review, the director shall take into account those adverse events identified on the National Quality Forums List of Serious Reportable Events. In the event the director determines that incidents should be added, deleted, or modified, the director shall make such recommendations for changes to the legislature.
R.I. Gen. Laws § 23-59-12 — RI Code / Title 23 / Chapter 23-59 / Section 23-59-12
§ 23-59-12. Civil liability.
Status: in_force

(a) A person contracting with a provider for continuing care may terminate the continuing care contract, and the provider shall be liable to the person contracting for continuing care for repayment of all fees paid to the provider, facility, or person violating this chapter, together with interest thereon at the legal rate for judgments, court costs, and reasonable attorneys fees, less the reasonable value of care and lodging provided to the resident prior to the termination of the contract and for damages if after June 18, 1987 the provider or a person acting on the providers behalf, with or without actual knowledge of the violation, entered into a contract with the person:

(1) For continuing care at a facility which has not registered under this chapter;

(2) Without having first provided to the person a disclosure statement meeting the requirements of this chapter and not omitting a material fact required to be stated therein or necessary in order to make the statements made therein not misleading, in light of the circumstances under which they are made; or

(3) If the contract does not meet the requirements of § 23-59-6.

(b) A person who willfully or recklessly aids or abets a provider in any act prohibited by this section shall be liable as set out in subsection (a) of this section.

(c) The department shall have no jurisdiction to adjudicate controversies concerning continuing care contracts. A breach of contract shall not be deemed a violation of this chapter. Termination of a contract pursuant to subsection (a) shall not preclude the residents seeking any other remedies available under any law.
R.I. Gen. Laws § 23-17-2 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-2
§ 23-17-2. Definitions.
Status: in_force

As used in this chapter:

(1) Affiliate means a legal entity that is in control of, is controlled by, or is in common control with another legal entity.

(2) Alzheimers dementia special-care unit or program means a distinct living environment within a nursing facility that has been physically adapted to accommodate the particular needs and behaviors of those with dementia. The unit provides increased staffing; therapeutic activities designed specifically for those with dementia; and trains its staff on an ongoing basis on the effective management of the physical and behavioral problems of those with dementia. The residents of the unit/program have had a standard, medical-diagnostic evaluation and have been determined to have a diagnosis of Alzheimers dementia or another dementia.

(3) Certified nurse-teacher means those personnel certified by the department of elementary and secondary education and employed pursuant to the provisions of §§ 16-21-7 and 16-21-8.

(4)(i) Change in operator means a transfer by the governing body or operator of a healthcare facility to any other person (excluding delegations of authority to the medical or administrative staff of the facility) of the governing bodys authority to:

(A) Hire or fire the chief executive officer of the healthcare facility;

(B) Maintain and control the books and records of the healthcare facility;

(C) Dispose of assets and incur liabilities on behalf of the healthcare facility; or

(D) Adopt and enforce policies regarding operation of the healthcare facility.

(ii) This definition is not applicable to circumstances wherein the governing body of a healthcare facility retains the immediate authority and jurisdiction over the activities enumerated in subsections (4)(i)(A)  (4)(i)(D).

(5) Change in owner means:

(i) In the case of a healthcare facility that is a partnership, the removal, addition, or substitution of a partner that results in a new partner acquiring a controlling interest in the partnership;

(ii) In the case of a healthcare facility that is an unincorporated, solo proprietorship, the transfer of the title and property to another person;

(iii) In the case of a healthcare facility that is a corporation:

(A) A sale, lease exchange, or other disposition of all, or substantially all, of the property and assets of the corporation; or

(B) A merger of the corporation into another corporation; or

(C) The consolidation or two (2) or more corporations, resulting in the creation of a new corporation; or

(D) In the case of a healthcare facility that is a business corporation, any transfer of corporate stock that results in a new person acquiring a controlling interest in the corporation; or

(E) In the case of a healthcare facility that is a nonbusiness corporation, any change in membership that results in a new person acquiring a controlling vote in the corporation.

(6) Clinician means a physician licensed under chapter 37 of title 5; a nurse licensed under chapter 34 of title 5; a psychologist licensed under chapter 44 of title 5; a social worker licensed under chapter 39.1 of title 5; a physical therapist licensed under chapter 40 of title 5; and a speech language pathologist or audiologist licensed under chapter 48 of title 5 or physician assistant licensed under the provisions of chapter 54 of title 5.

(7) Director means the director of the Rhode Island state department of health.

(8) Freestanding emergency-care facility means an establishment, place, or facility that may be a public or private organization, structurally distinct and separate from a hospital; staffed, equipped, and operated to provide prompt, emergency medical care. For the purposes of this chapter, emergency medical care means services provided for a medical condition or behavioral-health condition that is manifested by symptoms of sufficient severity that, in the absence of immediate medical attention, could result in harm to the person or others; serious impairment to bodily functions; serious dysfunction of any bodily organ or part; or development or continuance of severe pain.

(9) Healthcare facility means any institutional health-service provider, facility, or institution, place, building, agency, or portion thereof, whether a partnership or corporation, whether public or private, whether organized for profit or not, used, operated, or engaged in providing healthcare services, including, but not limited to: hospitals; nursing facilities; home nursing-care provider (which shall include skilled nursing services and may also include activities allowed as a home-care provider or as a nursing service agency); home-care provider (which may include services such as personal care or homemaker services); rehabilitation centers; kidney disease treatment centers; health maintenance organizations; freestanding emergency-care facilities as defined in this section, and facilities providing surgical treatment to patients not requiring hospitalization (surgi-centers); hospice care; and physician ambulatory-surgery centers and podiatry ambulatory-surgery centers providing surgical treatment. The term healthcare facility also includes organized ambulatory-care facilities that are not part of a hospital but that are organized and operated to provide healthcare services to outpatients, such as: central-services facilities serving more than one healthcare facility or healthcare provider; treatment centers; diagnostic centers; outpatient clinics; medical spas as defined in chapter 105 of this title; infirmaries and health centers; school-based health centers, and neighborhood health centers. The term healthcare facility also includes a mobile health-screening vehicle as defined in this section. The term healthcare facility shall not apply to organized, ambulatory-care facilities owned and operated by professional service corporations as defined in chapter 5.1 of title 7, as amended (the professional service corporation law), or to a practitioners (physician, dentist, or other healthcare provider) office or group of practitioners offices (whether owned and/or operated by a hospital or an affiliate of a hospital or an individual practitioner, alone or as a member of a partnership, professional service corporation, organization, or association); provided, however, notwithstanding any other provision herein or in the general laws, any hospital or any affiliate of a hospital that owns and/or operates a practitioners office shall ensure that such practitioners office complies with licensing or accreditation requirements that may be applicable to the practitioners office. Individual categories of healthcare facilities shall be defined in rules and regulations promulgated by the licensing agency with the advice of the health services council. Rules and regulations concerning hospice care shall be promulgated with regard to the Standards of a Hospice Program of Care, promulgated by the National Hospice Organization. Any provider of hospice care who provides hospice care without charge shall be exempt from the licensing provisions of this chapter but shall meet the Standards of a Hospice Program of Care. Facilities licensed by the department of behavioral healthcare, developmental disabilities and hospitals and the department of human services, and clinical laboratories licensed in accordance with chapter 16.2 of this title, as well as Christian Science institutions (also known as Christian Science Nursing Facilities) listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc. shall not be considered healthcare facilities for purposes of this chapter.

(10) Homemaker, or however else called, means a trained, nonprofessional worker who performs related housekeeping services in the home for the sick, disabled, dependent, or infirm, and as further defined by regulation; the director shall establish criteria for training.

(11) Hospital means a person or governmental entity licensed in accordance with this chapter to establish, maintain, and operate a hospital.

(12) Licensing agency means the Rhode Island state department of health.

(13) Medical services means any professional services and supplies rendered by, or under the direction of, persons duly licensed under the laws of this state to practice medicine, surgery, or podiatry that may be specified by any medical service plan. Medical service shall not be construed to include hospital services.

(14) Mobile health-screening vehicle means a mobile vehicle, van, or trailer that delivers primary and preventive healthcare screening services, and:

(i) Does not maintain active contracts or arrangements with any health insurer subject to regulation under chapter 20 or 42 of title 27;

(ii) Does not maintain active contracts or arrangements with another licensed healthcare facility as that term is defined within this section; and

(iii) Does not provide medical services free of charge.

(15) Non-English speaker means a person who cannot speak or understand, or has difficulty in speaking or understanding, the English language, because he/she uses only, or primarily, a spoken language other than English, and/or a person who uses a sign language and requires the use of a sign-language interpreter to facilitate communication.

(16) Person means any individual, trust or estate, partnership, corporation (including associations, joint stock companies, and insurance companies), state, or political subdivision or instrumentality of a state.

(17) Physician ambulatory-surgery center means an office, or portion of an office, that is utilized for the purpose of furnishing surgical services to the owner and/or operators own patients on an ambulatory basis, and shall include both single-practice, physician ambulatory-surgery centers and multi-practice, physician ambulatory-surgery centers. A single-practice, physician ambulatory-surgery center is a physician ambulatory center owned and/or operated by a physician-controlled professional service corporation as defined in chapter 5.1 of title 7 (the professional service corporation law), or a physician-controlled limited liability company (as defined in chapter 16 of title 7 (the limited liability company act)) in which no physician is an officer, shareholder, director, or employee of any other corporation engaged in the practice of the same profession, or a private physicians office (whether owned and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, limited liability company, organization, or association). A multi-practice, physician ambulatory-surgery center is a physician ambulatory-surgery center owned and/or operated by a physician-controlled professional service corporation (as defined in the professional service corporation law) or a physician-controlled limited liability company (as defined in the limited liability company act) in which a physician is also an officer, shareholder, director, or employee of another corporation engaged in the practice of the same profession, or a group of physicians offices (whether owned and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, limited liability company, organization, or association).

(18) Podiatry ambulatory-surgery center means an office or portion of an office that is utilized for the purpose of furnishing surgical services to the owner and/or operators own patients on an ambulatory basis, and shall include both single-practice, podiatry ambulatory-surgery centers and multi-practice podiatry ambulatory-surgery centers. A single-practice podiatry ambulatory-surgery center is a podiatry ambulatory center owned and/or operated by a podiatrist-controlled professional service corporation (as defined in chapter 5.1 of title 7 (the professional service corporation law)), or a podiatrist-controlled limited liability company (as defined in chapter 16 of title 7 (the limited liability company act)) in which no podiatrist is an officer, shareholder, director, or employee of any other corporation engaged in the practice of the same profession, or a private podiatrists office (whether owned and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, limited liability company, organization, or association). A multi-practice, podiatry ambulatory-surgery center is a podiatry ambulatory-surgery center owned and/or operated by a podiatrist-controlled professional service corporation (as defined in the professional service corporation law) or a podiatrist-controlled, limited liability company (as defined in the limited liability company act) in which a podiatrist is also an officer, shareholder, director, or employee of another corporation engaged in the practice of the same profession, or a group of podiatrists offices (whether owned and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, limited liability company, organization, or association).

(19) Qualified interpreter means a person who, through experience and/or training, is able to translate a particular foreign language into English, with the exception of sign-language interpreters who must be licensed in accordance with chapter 71 of title 5.

(20) Qualified sign-language interpreter means one who has been licensed in accordance with the provisions of chapter 71 of title 5.

(21) School-based health center means a facility located in an elementary or secondary school licensed as a school-based health center that delivers primary and/or preventive healthcare services to individuals to include, but not be limited to, students on site.
R.I. Gen. Laws § 23-18-9 — RI Code / Title 23 / Chapter 23-18 / Section 23-18-9
§ 23-18-9. Penalty for violations.
Status: in_force

Any person, member of a firm, or any officer or director of a corporation, failing to comply with any of the provisions of this chapter, upon each and every conviction of any of the provisions of this chapter, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than sixty (60) days nor more than six (6) months, or by both fine and imprisonment.
R.I. Gen. Laws § 23-23-5.1 — RI Code / Title 23 / Chapter 23-23 / Section 23-23-5.1
§ 23-23-5.1. Funds created.
Status: in_force

(a) There is established a general revenue reserve account within the general fund to finance the state clean air program. The sums the director collects pursuant to the civil penalties, administrative penalties, criminal penalties, and all sums and fees collected pursuant to all aspects of the air pollution program except operating fees collected pursuant to § 23-23-5(18) shall be deposited as general revenue. The money appropriated to the program shall be used to cover all direct and indirect costs associated with administering the air pollution program under the provisions of this chapter.

(b) There is established a general revenue account within the general fund to fund the clean air operating permit fee program. The operating fees the director collects pursuant to § 23-23-5(18) of this chapter shall be deposited as general revenues. The money appropriated to the program shall be used to cover all reasonable (direct and indirect) costs required to develop and administer an operating permit program pursuant to the requirements of title V, of the Clean Air Act amendments of 1990, 42 U.S.C. § 7661 et seq.
R.I. Gen. Laws § 23-65-11 — RI Code / Title 23 / Chapter 23-65 / Section 23-65-11
§ 23-65-11. Renewal.
Status: in_force

(a) Renewed certifications to individuals with previously issued certificates may be issued by the board at each three (3) year period following the original issuance. Application for renewal of certification shall be made on forms supplied by the department of health prior to the expiration of the three year certification period.

(b) The board shall review the applications and supporting documents, and unless errors, improper documentation or other deficiency is noted, the applicant will be granted renewal certification.

(c) Renewal of certification is dependent on the candidates good stead with the board during the prior three (3) year period.

(d) Renewal for certification is also dependent on the proper completion of continuing education requirements as established by the board.
R.I. Gen. Laws § 23-88-1 — RI Code / Title 23 / Chapter 23-88 / Section 23-88-1
§ 23-88-1. Purpose.
Status: in_force

It is the purpose of this chapter to establish a council to examine areas within the building code, fire code, elevator code, and any other codes that overlap, conflict or may be inconsistent. The council shall examine these codes and make recommendations that may resolve the conflict or inconsistency by selecting the lead code on a particular issue, by making all the codes consistent or by allowing the inconsistencies as they serve a purpose and do not directly conflict with each other.
R.I. Gen. Laws § 23-90-6 — RI Code / Title 23 / Chapter 23-90 / Section 23-90-6
§ 23-90-6. Responsibilities of the Rhode Island resource recovery corporation.
Status: in_force

(a) The corporation shall review for approval the mattress stewardship plan of the council.

(b) The corporation shall maintain on its website information on collection opportunities for mattresses, including collection site locations. The information must be made available in a printable format for retailers and consumers.

(c) Not later than the implementation date of the mattress stewardship program, the corporation shall list the names of participating producers covered by the program and the cost of the approved mattress stewardship fee on its website.

(d) The corporation shall approve the mattress stewardship fee to be applied by the council to mattresses pursuant to this chapter.

(e) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly on the operation of the statewide system for collection, transportation and recycling of mattresses.
R.I. Gen. Laws § 23-23-18 — RI Code / Title 23 / Chapter 23-23 / Section 23-23-18
§ 23-23-18. Regulation of burning in open fires.
Status: in_force

(a) The director may, by rule or regulation, prohibit the burning of any material in an open fire by any person on premises operated as a public or semi-public refuse disposal facility or at other central refuse disposal sites. The director may also prohibit the burning of any material in an open fire by any person in connection with any salvage, industrial, commercial, or institutional operation.

(b) Nothing in this chapter shall interfere with the right and responsibility of cities and towns to adopt and enforce laws, ordinances, rules, or regulations prohibiting open fires, except as provided in subsection (a).

(c) It is the policy of the state that open fires shall be eliminated to the maximum extent possible. It is also the policy of the state that regulation of open fires shall be the responsibility of political subdivisions of the state. All cities and towns are empowered to prohibit open fires by ordinances or regulations except those open fires as described in subsection (a).
R.I. Gen. Laws § 23-19-28 — RI Code / Title 23 / Chapter 23-19 / Section 23-19-28
§ 23-19-28. Violations  Sanctions  Injunctive relief.
Status: in_force

The attorney general of the state shall have the power to bring an action in the name of the state, and the corporation through its legal counsel shall have the power to bring an action in the name of the corporation in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter, or for specific performance of the obligations of any person or municipality under this chapter. Proceedings under this chapter shall be instituted and prosecuted in the name of the corporation, (1) by the attorney general or (2) by the corporation through its legal counsel. The superior court shall have the jurisdiction in equity to enforce the provisions of this chapter and any rules or regulation of the corporation under the provisions of this chapter.
R.I. Gen. Laws § 23-39-1 — RI Code / Title 23 / Chapter 23-39 / Section 23-39-1
§ 23-39-1. Short title.
Status: in_force

This chapter may be cited as the Respiratory Care Act.
R.I. Gen. Laws § 23-17-24 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-24
§ 23-17-24. Internal risk management program.
Status: in_force

Every hospital licensed in this state and its insurance carrier shall cooperatively, as part of their administrative functions, establish an internal risk management program which shall include at least the following components:

(1) An in-hospital grievance or complaint mechanism designed to process and resolve as promptly and effectively as possible grievances by patients or their representatives related to incidents, billing, inadequacies in treatment, and other factors known to influence malpractice claims and suits. The mechanism shall include appointment of a representative accountable to the hospital administration who shall anticipate and monitor on a day-to-day basis the grievances and administer the mechanism;

(2) The continuous collection of data by each hospital with respect to its negative health care outcomes (whether or not they give rise to claims), patient grievances, claims, suits, professional liability premiums, settlements, awards, allocated and administrative costs of claims handling, costs of patient injury prevention and safety engineering activities, and other relevant statistics and information;

(3) Medical care evaluation mechanisms, which shall include but not be limited to, tissue committees or medical audit committees, to review the appropriateness of procedures performed, to periodically assess the quality of medical care being provided at the institution, and to pass on the necessity of surgery;

(4) Education programs for the hospitals staff personnel engaged in patient care activities dealing with patient safety, medical injury prevention, the legal aspects of patient care, problems of communication and rapport with patients, and other relevant factors known to influence malpractice claims and suits.
R.I. Gen. Laws § 23-4-6 — RI Code / Title 23 / Chapter 23-4 / Section 23-4-6
§ 23-4-6. State medical examiners commission.
Status: in_force

(a) There is established the state medical examiners commission. The commission shall hear and determine appeals to decisions by chief medical examiners regarding the undertaking of investigations, inquests, and autopsies, and shall advise the chief medical examiner on matters of public concern.

(b) The commission shall consist of twelve (12) members, three (3) of whom shall be ex officio members, viz., the director of health, the attorney general, the superintendent of state police, and nine (9) citizens of the state to be appointed by the governor with the advice and consent of the senate for the term of three (3) years. The governor shall give due consideration to any recommendations for nominations submitted to him or her by the president of the Rhode Island Medical Society, the president of the Rhode Island Society of Pathologists, the president of the Rhode Island Bar Association, the vice president of Brown University Division of Biological and Medical Sciences and the president of the Rhode Island Funeral Directors Association. Each citizen member shall hold office for the term of his or her appointment and until his or her successor is appointed. Vacancies for citizen members shall be filled by appointment for the unexpired term only.

(c) The director of health and the attorney general shall be the chairperson and vice chairperson, respectively, of the commission. The chief medical examiner of the office of state medical examiners shall serve as the executive secretary of the commission, and the expenses of the commission shall be a responsibility of the department of health. The board may elect from among its members such other officers as it deems necessary. Seven (7) members of the board shall constitute a quorum and the vote of a majority of those present and voting shall be required for action. The commission shall meet at the call of its chairperson and at least four (4) times each year, the time and the place for each meeting to be fixed by the chairperson.

(d) Members of the commission shall be removable by the governor pursuant to the provisions of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.

(e) Within ninety (90) days after the end of each fiscal year, the commission shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state, of its activities during that fiscal year. The report shall provide an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, appeals considered and their disposition, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearing, complaints, suspensions, or other legal matters related to the authority of the commission; a summary of any training courses held pursuant to this chapter; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the websites of the general assembly and the secretary of state pursuant to the provisions of § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of the provisions of this subsection.

(f) The commission shall conduct a training course for newly appointed and qualified members within six (6) months of their qualification or designation. The course shall be developed by the chair of the commission, be approved by the commission, and be conducted by the chair of the commission. The commission may approve the use of any commission and/or staff members and/or individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapters 42-46, 36-14 and 38-2; and the commissions rules and regulations. The director of the department of administration shall, within ninety (90) days of June 16, 2006, prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.
R.I. Gen. Laws § 23-1-16.1 — RI Code / Title 23 / Chapter 23-1 / Section 23-1-16.1
§ 23-1-16.1. Letters of license verification  Fees.
Status: in_force

(a) There shall be a fee, to be paid by the individual or entity making the request as set forth in § 23-1-54, for any letter issued by the department verifying a license which was issued by the department; and

(b) The proceeds of any fees collected pursuant to the provisions of this chapter shall be paid into the state treasury and shall be for the use of the department of health to offset the costs of issuing the license verification letters.
R.I. Gen. Laws § 23-14-2 — RI Code / Title 23 / Chapter 23-14 / Section 23-14-2
§ 23-14-2. Definitions.
Status: in_force

As used in this chapter, the following words shall be construed as follows unless the context clearly indicates otherwise:

(1) Child with special healthcare needs means any minor under the age of eighteen (18) who is a domiciled resident of the state who suffers from a chronic medical illness.

(2) Eligible organization(s) means the following Rhode Island based organizations and Rhode Island affiliates of the following national organizations:

(i) American Diabetes Association, R.I. Affiliate, Inc.;

(ii) R.I. Lung Association, Inc.;

(iii) Arthritis Foundation, R.I. Chapter;

(iv) American Cancer Society, R.I. Division, Inc.;

(v) Hospice Care of R.I., Inc.;

(vi) Leukemia Society of R.I., Inc., R.I. Chapter;

(vii) Easter Seal Society of R.I., Inc.;

(viii) R.I. Society to Prevent Blindness;

(ix) United Cerebral Palsy of R.I.;

(x) R.I. Hemophilia Foundation;

(xi) American Heart Association, R.I. Affiliate, Inc.;

(xii) Cystic Fibrosis Foundation, R.I. Chapter;

(xiii) National Foundation of Ileitis & Colitis;

(xiv) Mental Health Association of R.I.;

(xv) Muscular Dystrophy Association, Inc.;

(xvi) National Multiple Sclerosis Society;

(xvii) RI Arc; and

(xviii) Substance Use and Mental Health Leadership Council of RI.

(3) Eligible services means the direct provision of medicines, medical equipment and supplies, medical treatment or care to children with special healthcare needs, and travel expenses including transportation, meals, and lodging of children with special healthcare needs and their families when it is necessary for the child to receive medical treatment at an out-of-state medical treatment facility. The term eligible services shall not include any financial costs related to administration, promotion, education, or personnel related to the provision of eligible services or any other services that may be provided by a qualified organization. Eligible services shall also not include any tangible or intangible items that are not provided directly to children with special healthcare needs.

(4) Emergency services means eligible services that would normally be provided for by a health insurance program or a publicly funded assistance program, but for any reason are not immediately available to the child with special healthcare needs. The term emergency services also means the provision of eligible services on an emergency only basis to a child with special healthcare needs who is not a domiciled resident of the state.

(5) Qualified organization(s) means eligible organizations that have submitted applications to the general treasurer and have been certified for the application year by the general treasurer as provided by the provisions of this chapter.
R.I. Gen. Laws § 23-13-23 — RI Code / Title 23 / Chapter 23-13 / Section 23-13-23
§ 23-13-23. Interagency coordinating council.
Status: in_force

The interagency coordinating council, which is composed in accordance with 20 U.S.C. § 1441, as added by Public Law 108-446, shall monitor the multiagency operation of the early intervention program and to provide a forum where problems may be addressed relating to the delivery of services in the early intervention program.
R.I. Gen. Laws § 23-25-20 — RI Code / Title 23 / Chapter 23-25 / Section 23-25-20
§ 23-25-20. Enforcement.
Status: in_force

(a) The sampling and examination of pesticides or devices shall be made under the direction of the director for the purpose of determining whether they comply with the requirements of this chapter. The director, or his or her designated agent, is authorized, upon presentation of proper identification, to enter any distributors premises, including any vehicle of transport, at all reasonable times in order to have access to pesticides or devices packaged and labeled for distribution and to samples of any containers or labeling for those pesticides and devices. If the director or his or her agent obtains any samples, prior to leaving the premises, he or she shall give to the owner or person in charge a receipt describing the samples obtained and, if requested, a portion of each sample equal in volume or weight to the portion retained. If an analysis is made of those samples, a copy of the results of the analysis shall be furnished promptly to the owner or person in charge. If it appears from the examinations that a pesticide or device fails to comply with the provisions of this chapter or regulations adopted under this chapter and the director contemplates instituting criminal proceedings against any person, the director shall cause appropriate notice to be given to that person. Any person notified shall be given an opportunity within a reasonable time to present his or her views, either orally or in writing, with regard to the contemplated proceedings. If after this, in the opinion of the director, it appears that the provisions of the chapter or regulations adopted under this chapter have been violated by that person, the director shall refer a copy of the results of the analysis or the examination of the pesticide or device to the prosecuting attorney for the county in which the violation occurred.

(b) For the purpose of carrying out the provisions of this chapter, the director or his or her designated agent may enter upon any public or private premises at reasonable times in order to:

(1) Have access for the purpose of inspecting any equipment used in applying pesticides;

(2) Inspect and take samples from lands actually or reported to be exposed to pesticides;

(3) Inspect storage or disposal areas;

(4) Inspect or investigate complaints of injury to humans or land;

(5) Sample pesticides being applied or to be applied;

(6) Observe the use and application of any pesticide; and

(7) Administer to or take from any person an oath, affirmation, or affidavit whenever that oath, affirmation, or affidavit is for use in any prosecution or proceeding under or in the enforcement of this chapter. That document, when certified by the party taking the statement, shall then be admissible in any administrative proceeding without further proof of the identity or authority of the agent.

(c) Should the director be denied access to any land where the access was sought for the purposes set forth in this chapter, he or she may apply to any court of competent jurisdiction for a search warrant authorizing access to the land for those purposes. The court may, upon application, issue the search warrant for the purpose requested.

(d) The director, with or without the aid and advice of the county or district attorney, is charged with the duty of enforcing the requirements of this chapter and any rules or regulations issued under this chapter. In the event a county or district attorney refuses to act on behalf of the director, the attorney general may act.

(e) The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any regulations made pursuant to this chapter in a court of competent jurisdiction of the county in which the violation occurs or is about to occur.

(f) Nothing in this chapter shall be construed as requiring the director to report minor violations of this chapter for prosecution or for the institution of condemnation proceedings when the director believes that the public interest will be served best by a suitable notice of warning in writing.
R.I. Gen. Laws § 23-59-15 — RI Code / Title 23 / Chapter 23-59 / Section 23-59-15
§ 23-59-15. Investigations and subpoenas.
Status: in_force

(a) The department may make public or private investigations within or outside of this state it deems necessary to determine whether any person has violated any provision of this chapter or any rule, regulation, or order promulgated by the department.

(b) For the purpose of any investigation or proceeding under this chapter, the department or any officer designated by it may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the department deems relevant or material to the inquiry.
R.I. Gen. Laws § 23-1-1.2 — RI Code / Title 23 / Chapter 23-1 / Section 23-1-1.2
§ 23-1-1.2. Health planning process.
Status: in_force

The department of health is authorized to conduct health planning studies and to develop health plan documents to assist the department of health, the director of health, and the health services council in the conduct of their public health responsibilities. The director of health, with the approval of the governor, may appoint various committees and task forces as appropriate to assist and advise the department of health in the conduct of its health planning responsibilities, provided that the director of health may appoint ad hoc short-term committees or task forces to advise and assist the director on technical issues.
R.I. Gen. Laws § 23-65-2 — RI Code / Title 23 / Chapter 23-65 / Section 23-65-2
§ 23-65-2. Board of certification of operators of water supply treatment and distribution facilities.
Status: in_force

(a)(1) There is hereby created within the department of health, a board of certification of operators of public water supply treatment and transmission and distribution facilities to insure the proper management, operation and maintenance of water supply treatment and distribution facilities.

(2) The board shall be comprised of seven (7) persons, including the director of the department of health, or his or her designee and six (6) members appointed by the governor. Of the appointed members, one shall be a registered professional engineer engaged in the practice of water supply engineering, one shall be from a list of qualified operators of a publicly owned water supply treatment facility in the state which has been recommended by the executive committee of the Rhode Island water works association, one shall be from a list of qualified directors of a water supply facility who has general supervisory authority for a water supply facility which has been recommended by the executive committee of the Rhode Island water works association, one shall be a representative of a labor union, one shall be a representative of business or industry, and one shall be a residential consumer of water.

(b) Each member of the board shall serve for a term of four (4) years, provided, however, that of the initial members appointed to the board by the governor, two (2) shall be appointed for terms of two (2) years, two (2) shall be appointed for terms of three (3) years, and two (2) shall be appointed for terms of four (4) years. As the term of office of a member of the board expires, his or her successor shall be appointed in like manner for a term of four (4) years provided that a member shall continue to serve until an appointment is made by the governor. Any vacancy shall be filled by the governor for the unexpired term.

(c) Any member of the board may be removed from office by the governor for good cause.
R.I. Gen. Laws § 23-78-2 — RI Code / Title 23 / Chapter 23-78 / Section 23-78-2
§ 23-78-2. Stroke task force  Membership.
Status: in_force

(a) The director of the department of health, with consent of the president of the senate and the speaker of the house, may appoint a stroke task force to serve as a statewide commission designed to coordinate efforts in stroke treatment and prevention. The director may assign staff, upon availability of funds, to assist the task force. Members appointed to the task force may include:

(1) Four (4) physicians actively involved in stroke care, with at least one (1) from each of the following fields:

(i) Neurology;

(ii) Neuroradiology;

(iii) Neurosurgery; and

(iv) Emergency care;

(2) One (1) registered professional nurse or nurse practitioner actively involved in stroke care;

(3) One (1) physicians assistant actively involved in stroke care;

(4) One (1) hospital administrator or designee from each hospital that is designated as a Comprehensive Stroke Treatment Center by the National Joint Commission on Accreditation of Healthcare Organizations;

(5) One (1) representative from the EMS Ambulance Service Advisory Board;

(6) One (1) representative from the public health field actively involved in public health education on stroke appointed by the director;

(7) One (1) representative from a stroke rehabilitation facility appointed by the director;

(8) One (1) stroke survivor or caregiver appointed by the director;

(9) One (1) representative from the American Stroke Association;

(10) One (1) representative from Rhode Island Quality Partners or state-recognized Quality Improvement Organization (QIO); and

(11) One (1) representative from a minority health organization involved in stroke care.

(b) The task force shall advise the Rhode Island general assembly, the governor, and director of the department of health and have the following duties:

(1) Undertake a statistical and qualitative examination of the incidence and causes of stroke deaths and risks, including identification of sub-populations at highest risk for developing stroke and develop a profile of the social and economic burden of stroke in Rhode Island;

(2) Receive and consider reports and testimony from individuals, state department of health, community-based organizations, voluntary health organizations, healthcare providers, and other public and private organizations statewide and of national significance to stroke to learn more about their contributions to stroke prevention and treatment and their ideas for the improvement of stroke care in Rhode Island;

(3) Develop methods to publicize the profile of stroke burden and its preventability in Rhode Island;

(4) Identify research-based strategies that are effective in preventing and controlling risks for stroke based on the science available from the American Stroke Association and related organizations;

(5) Determine the burden that delayed or inappropriate treatment has on the quality of patients lives and the associated financial burden on them and the state;

(6) Study the economic impact of early stroke treatment with regard to quality of care, reimbursement issues, and rehabilitation;

(7) Research and determine what constitutes high quality for stroke and take action to ensure that the public and healthcare providers are sufficiently informed of the most effective strategies for stroke care;

(8) Evaluate the current system of treatment and develop recommendations to improve all aspects of the stroke chain of survival;

(9) Research and determine the most appropriate method to collect data which shall include a record of the cases of stroke that occur in Rhode Island and such information concerning the cases as it shall deem necessary and appropriate in order to conduct thorough and complete epidemiological surveys of stroke and to apply appropriate preventative and control measures;

(10) Identify best practices on stroke care in other states and at the federal level that will improve stroke care in Rhode Island, including the feasibility and proposed structure of developing a stroke network;

(11) Research and obtain any public or private funding available to improve stroke prevention and/or treatment in Rhode Island;

(12) Complete and maintain a statewide comprehensive stroke prevention and treatment plan to the general public, state and local officials, various public and private organizations and associations, business and industries, agencies, potential funders, and other community resources;

(13) Develop a registry of all Ischemic and Hemorrhagic Strokes that occur within the state to determine genetic and environmental contributors to strokes; and

(14) Identify and facilitate specific commitments to help implement the plan and all task force activities.

(c) The task force shall convene within one hundred and eighty (180) days of passage and shall submit a preliminary report to the department, general assembly and the governor within one (1) year of the first meeting, within two (2) years of the first meeting, and a final report within three (3) years of the first meeting. The reports shall address the plans, actions, and resources needed to achieve its goals and progress in achieving implementation of the plan to reduce the occurrence of and burden from stroke in Rhode Island. The reports shall include an accounting of funds expended, funds received from grants, and anticipated funding needs and related cost savings for full implementation of recommended plans and programs. The task force will continue to submit reports annually thereafter on their progress toward the implementation of the state plan.

(d) Any health care information requested or obtained by the task force pursuant to subsections (b)(9), (b)(13), or otherwise in the performance of its duties, shall be provided in a format that does not contain individually-identifiable information.
R.I. Gen. Laws § 23-17-5.1 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-5.1
§ 23-17-5.1. Additional information required of nursing facility applicants for initial licensure or change of ownership.
Status: in_force

(a) The department shall adopt regulations regarding information to be provided by applicants for the initial licensure of or change of ownership of a nursing facility to include information relating to the background and qualifications of the applicant or proposed license holder. For purposes of this section, applicants must meet a financial threshold that shall include, as a minimum, that the applicant or proposed license holder shall have sufficient resources to operate the nursing facility at licensed capacity for thirty (30) days, evidenced by an unencumbered line of credit, a joint escrow account established with the department, or a performance bond secured in favor of the state or a similar form of security satisfactory to the department. The department may also require background information to be submitted relating to any partner, officer, director, manager or member (if member-managed) of the applicant or proposed license holder, or information relating to each person having a beneficial ownership interest of five percent (5%) or more in the applicant or proposed license holder.

(b) In reviewing information required by subsection (a), the department may require the applicant or proposed license holder to file a sworn affidavit substantiating the validity of any submitted information as required by the department to substantiate a satisfactory compliance history relating to each state or other jurisdiction in which the applicant, proposed license holder or any other person described by subsection (a) operated a nursing facility at any time during the five-year period preceding the date on which the application is made. The department shall determine what constitutes a satisfactory compliance history. The department may also require the applicant or proposed license holder to file information relating to the current financial condition of the applicant, proposed license holder or any other person described by subsection (a) and the history of the financial condition of the applicant, proposed license holder or any other person described by subsection (a) with respect to a facility operated in another state or jurisdiction at any time during the five-year period preceding the date on which the application is made.

(c) In addition to the information required to be provided in subsections (a) and (b) above, the department shall gather information from state departments and agencies relating to the background and qualifications of the applicant, proposed license holder, or any person having a five percent (5%) or more beneficial ownership interest.

(d) Any applicant seeking a nursing facility license who intends to contract with a management company to assist with that facilitys operations shall file a copy of the proposed management contract with the department or provide information to the department regarding the management services to be provided by the management company that indicate the management fees to be paid and areas of control for which the management company shall be responsible. All applications for initial licensure and change of ownership shall include copies of any proposed management contracts and information about management fee arrangements as well as identification of every person having an ownership of five percent (5%) or more in the management company, if the management company is a corporation or limited liability company, and identification of every general or limited partner if the management company is a general partnership or a limited partnership.
R.I. Gen. Laws § 23-72-5 — RI Code / Title 23 / Chapter 23-72 / Section 23-72-5
§ 23-72-5. Penalties.
Status: in_force

Whoever violates these sections inclusive or any order, rule or regulation promulgated or adopted thereto shall be punished by a fine of not less than one thousand dollars ($1,000). This section shall be enforced by the department and may be enforced by the board of health. The superior court shall have jurisdiction in equity to enforce such rules and regulations and may restrain by injunction any violation thereof.
R.I. Gen. Laws § 23-17-12.7 — RI Code / Title 23 / Chapter 23-17 / Section 23-17-12.7
§ 23-17-12.7. Adverse change in financial condition.
Status: in_force

(a) Whenever the department, or the department in consultation with the department of human services, determines that a nursing facilitys financial status is of concern and determines, through inspection of the facility or investigation of a complaint, that incident(s), event(s) or patterns of care exist that harm or have the potential to result in harm or danger to the residents of a facility, the departments, acting jointly, shall convene a meeting, as soon as possible but in no event later than ten (10) days after the finding(s) cited above, with the license holder to communicate the states concerns with respect to the operation of the facility. The license holder shall be given the opportunity to respond to the states concerns and to offer explanation as to why the concerns are not valid or accurate.

(b) In the event that the explanation provided by the license holder is not found by the department to be adequate or otherwise satisfactory, the department shall direct the license holder to prepare and submit, within ten (10) days of the meeting cited above, or for good cause shown no later than twenty (20) days after said meeting, a plan of correction and remediation for the departments review and approval, including, but not limited to, the following elements:

(1) Specific targeted improvements;

(2) Definite deadlines for accomplishing those targeted improvements;

(3) Measurable standards that will be used to judge whether the targeted improvements have been accomplished;

(4) A spending plan that supports all costs associated with accomplishment of the targeted improvements;

(5) Monthly reporting of cash availability, the status of vendor payments and employee payrolls, and staffing levels, as metrics concerning financial status and quality of care; and

(6) With regard to concerns regarding resident care, and if directed by the department, a proposal to engage an independent quality monitor or independent quality consultant, to work, in consultation with the facility administrator and medical director, the implementation of the plan of correction and remediation, and to provide progress updates to the department of health.

(c) The department, in consultation with the department of human services, shall adopt regulations to implement this section. The regulations shall incorporate the criteria to measure financial status promulgated by the department of human services pursuant to § 40-8-19.1.

(d) Whenever a facilitys financial status is determined to be marginal, the department shall cause such a facility to be inspected in order to determine if financial problems are causing the facility to be out of compliance with nursing facility regulatory standards.

(e) Whenever a facility is determined to be having severe financial difficulties, the department shall cause the facility to have more frequent inspections and the director may, at the facilitys expense:

(1) Appoint an independent consultant to review the facilitys management and financial status and make recommendations to improve the facilitys financial status; or

(2) Require the hiring of a temporary manager of the facilitys operations.

(f) With the exception of the plan of correction and remediation, as allowed in subsection (g) below, the information obtained by the department under this section is confidential and is not subject to disclosure under § 38-2-2, Access to Public Records. However, upon request, the department shall release the information to the following who shall treat the information as confidential:

(1) The facility;

(2) A person other than the facility if the facility consents in writing to the disclosure;

(3) The state Medicaid agency responsible for rate setting of nursing facilities;

(4) The state long-term care ombudsman; or

(5) The department of attorney general.

(g) Within ten (10) days, or twenty (20) days for good cause shown, of the submission of the plan of correction and remediation by the facility, the department shall either:

(i) Accept the plan, at which time it shall be considered to be a public record, and the facility shall make it, and all reports that follow and are related to it, available for public inspection, and shall provide a written summary of the plan to each resident of the facility or his or her legal representative, and each residents family representative;

(ii) Conditionally accept the plan with modifications made by the department, at which time the plan shall be considered to be a public record and the facility shall make it, and all reports that follow and are related to it, available in accordance with subsection (i) above; or

(iii) Reject the plan, at which time all records acquired in accordance with this section that do not violate resident confidentiality shall be considered to be a public record, and a notice of said plan rejection shall be sent, along with directions on obtaining the complete record to each resident of the facility or his or her legal representative and each residents family representative.

(h) The provisions in subsection (e) herein relating to the confidentiality of records do not apply:

(1) To a facility whose license has been revoked or suspended;

(2) To the use of the information in an administrative proceeding initiated by the department, including implementing enforcement actions, and in judicial proceedings relating thereto.
R.I. Gen. Laws § 23-23-7 — RI Code / Title 23 / Chapter 23-23 / Section 23-23-7
§ 23-23-7. Subpoena of witnesses  Enforcement.
Status: in_force

All subpoenas shall be served as subpoenas in civil cases in the superior court, and witnesses subpoenaed shall be entitled to the same fees for attendance and travel as are provided witnesses in civil cases in the superior court. In cases of contumacy or refusal to obey the command of the subpoena issued, the superior court shall have jurisdiction upon application of the director, with proof by affidavit of the fact, to issue a rule or order returnable in not less than two (2) nor more than five (5) days, directing this person to show cause why he or she should not be adjudged in contempt. Upon return of the order, the justice, before whom the matter is brought for hearing, shall examine under oath that person and that person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse, to be examined or to answer a legal or pertinent question, the justice may impose a fine upon the offender or immediately commit the offender to the adult correctional institutions to remain there until he or she submits to do the act which he or she was required to do, or is discharged according to law.
R.I. Gen. Laws § 23-18-3 — RI Code / Title 23 / Chapter 23-18 / Section 23-18-3
§ 23-18-3. Approval of construction plans  Supervisory control.
Status: in_force

Before commencing the building, construction, or erection of any community mausoleum or columbarium, the agency constructing the structure shall make and file plans and specifications of the structure with the city or town clerk of the city or town where the structure is to be erected, and secure the approval of the city or town to erect the community mausoleum or columbarium. Before the approval shall be granted, the city or town wherein the structure is located shall satisfy itself that the proposed new structure or any alterations or additions to an old structure for that purpose, shall be built in accordance with the standards set forth in ordinances adopted by the city or town wherein the structure is located under its supervision, and shall comply with any further requirements as to perpetual care and maintenance that shall then be or later prescribed by the city or town. The city or town wherein the structure is located shall have supervisory control over the construction of the structure and it shall be the duty of the cities and towns to adopt suitable ordinances concerning the structures.
R.I. Gen. Laws § 23-26-26 — RI Code / Title 23 / Chapter 23-26 / Section 23-26-26
§ 23-26-26. Appeal of directors decisions.
Status: in_force

Any person aggrieved by the action of the director in denying an application for a registration, or in revoking or suspending any registration, or by any order or decision of the director, shall have the right to appeal to the supreme court and the procedure in case of the appeal shall be the same as that provided in § 42-35-15.
R.I. Gen. Laws § 23-1-42.1 — RI Code / Title 23 / Chapter 23-1 / Section 23-1-42.1
§ 23-1-42.1. Wallet license cards for healthcare professionals.
Status: in_force

The department shall, through its office of health professional regulations, offer wallet license cards during the process of online license renewal service for healthcare professionals. If a licensed healthcare professional opts to receive a wallet license card, the department shall mail said card within fourteen (14) days of license renewal at no additional charge.
R.I. Gen. Laws § 23-72-6 — RI Code / Title 23 / Chapter 23-72 / Section 23-72-6
§ 23-72-6. Severability.
Status: in_force

If any clause, sentence, paragraph or part of this chapter or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter or its application to other persons or circumstances.