23-1.1-1. Definitions. When used in this chapter: (1) Code means a standard body of rules for safety and health formulated, adopted, and issued by the commission under the provisions of this chapter.  (2) Director means the director of health or his or her duly authorized representative.  (3) Employ means the use of any services of an employee for compensation and includes to suffer or permit to work.  (4) Employee means an individual who is employed by an employer.  (5) Employer means a person, firm, corporation, partnership, association, receiver, or trustee in bankruptcy having one or more persons in his, her, or its employ, a state agency, or an agency of a political subdivision of the state, or any person acting directly or indirectly in the interest of an employer.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-10. Prosecution of violations. It shall be the duty of the director of health to notify the director of labor and training of all violations of this chapter and the director of labor and training shall then request the attorney general to prosecute all violations.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-11. Compliance orders. If upon inspection or investigation the director of health finds that an employer has violated any regulation prescribed pursuant to this chapter or has violated any requirements of  28-20-8, or of any code, rule, or order promulgated pursuant to  28-20-24, the director shall notify the director of labor and training who shall promptly issue a compliance order in accordance with subsections (a), (b), and (c) of  28-20-16.  History of Section.P.L. 1973, ch. 261,  1; P.L. 1989, ch. 542,  45. 
 23-1.1-12. Enforcement procedure. The director of labor and training shall be responsible for enforcement of the provisions of this chapter in accordance with  28-20-17.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-13. Penalties. (a) Any person who gives advance notice of any inspection to be conducted under this chapter, without authority from the director of labor and training, shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or by both.  (b) All other penalties shall be assessed in accordance with  28-20-18.  History of Section.P.L. 1973, ch. 261,  1; P.L. 1976, ch. 54,  4. 
 23-1.1-14. Discrimination on account of complaint. (a) No employer shall discharge or in any manner discriminate against any employee because that employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any proceeding or because of the exercise by that employee on behalf of himself or herself or others of any right afforded by this chapter.  (b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any employer in violation of this section may, within thirty (30) days after a violation occurs, file a written complaint with the director of labor and training alleging discrimination. Upon receipt of a complaint, the director of labor and training shall cause an investigation to be made as he or she deems appropriate. If upon that investigation, the director of labor and training determines that the provisions of this section have been violated, and the employer fails or refuses to take remedial action as ordered by the director of labor and training, the director of labor and training shall then bring an action in any superior court against that person. In that action, the courts shall have jurisdiction, for cause shown, to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay and any other benefits to which he or she was entitled.  (c) Within ninety (90) days of the receipt of a complaint filed under this section, the director shall notify the complainant of his or her determination under subsection (b) of this section.  History of Section.P.L. 1973, ch. 261,  1; P.L. 1976, ch. 54,  5. 
 23-1.1-15. Confidentiality of trade secrets. All information reported to or otherwise obtained by the director in connection with any inspection or proceeding under this chapter which contains or which might reveal a trade secret referred to in  1905 of title 18 of the United States Code or any amendment of  1905 of title 18 of the United States Code, 18 U.S.C.  1905, shall be considered confidential for the purpose of that section, except that the information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. In any proceeding under this chapter the director of labor and training, the review board, or the court shall issue orders that may be appropriate to protect the confidentiality of trade secrets.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-16. Other safety and health laws unimpaired. Nothing in this chapter shall be construed to repeal or to limit or restrict in any way present state laws, codes, regulations, or orders governing the safety or health of employees in any place of employment which are not in conflict with this chapter.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-17. Severability. If any provision of this chapter, or the application of the provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of the provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-2. Creation. There shall be a division of occupational health within the department of health which shall have all the powers and duties relating to the administration and enforcement of health codes as prescribed by the provisions of this chapter, and any other duties that may be conferred upon the division by law.  History of Section.P.L. 1973, ch. 261,  1; P.L. 1976, ch. 54,  1. 
 23-1.1-3. Annual report. The director of health shall annually furnish information regarding the activities of the division of occupational health to the director of labor and training for inclusion in the director of labor and trainings annual report to the governor and to the general assembly. The director of health shall also provide information to the director of labor and training for reports to be submitted to the United States Secretary of Labor in the form and from time to time that the secretary of labor and training may require.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-4. Chief of division  Compliance inspectors. The director of health shall appoint the chief of the division of occupational health. The appointee shall be in the classified service of the state and shall be responsible to and report to the director. The director shall appoint health compliance inspectors who shall be in the classified service of the state. The director shall appoint other employees that are necessary to carry out the provisions of this chapter. Health compliance inspectors shall perform all duties necessary to determine compliance with the health provisions of this chapter and shall in this chapter be referred to as compliance inspectors. Nothing in this section shall be construed as terminating the services of any person now employed within the division of occupational health who is presently qualified and within the classified service of the state. All of those persons shall continue in the service of the division and their titles shall be changed, as necessary, to comply with the provisions of this chapter.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-5. Compliance inspectors  Assignment  Duties. Compliance inspectors shall devote their entire scheduled work time and attention to the duties of their respective offices. The director shall assign compliance inspectors to the duties to be performed. No employee of the division of occupational health shall accept other employment which the director determines is in conflict with his or her official duties.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-6. Appropriations  Disbursement. The general assembly shall annually appropriate sums that are necessary to carry out the provisions of this chapter. The state controller is authorized and directed to draw his or her orders on the general treasurer for the payment of the sums so appropriated or so much of the sums as may from time to time be required upon receipt by him or her of proper vouchers approved by the chief of the division of occupational health, and by the director.  History of Section.P.L. 1973, ch. 261,  1; P.L. 1976, ch. 54,  2. 
 23-1.1-7. Inspection powers. (a) The director, upon presenting appropriate credentials to the owner, operator, representative, or agent in charge is authorized:  (1) To enter without delay and at reasonable times any factory, plant establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer; and  (2) To inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, that place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials in that location, and to question privately any employer, owner, operator, agent, or employee.  (b) If the director of health shall be denied entry to any place which he or she shall have reason to believe had been, is being, or is about to be used as a place of employment, he or she shall notify the director of labor and training, who shall then proceed in accordance with the provisions of  28-20-12.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.1-8. Report of violations by employees  Inspection. (a) Any employee or representative of employees who believes that a violation of a health code exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the director of the violation or danger. Any notice shall be presented in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. Upon receipt of the notification, the director shall provide a copy to the employer or the employers agent not later than at the time of inspection, except that upon the request of the person giving the notice, his or her name and the name of the individual employee referred to in the notice shall not appear in the copy or in any record published, released, or made available. If, upon receipt of the notification, the director determines there are reasonable grounds to believe that a violation or danger exists, he or she shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if a violation or danger exists. If the director determines that there are not reasonable grounds to believe that a violation or danger exists, he or she shall notify the employee or representative of the employees, in writing, of that determination.  (b) Prior to or during any inspection of a workplace, any employee or representative of employees employed in the workplace may notify the director, in writing, of any violation of this chapter which the employee or representative has reason to believe exists in the workplace. The director of labor and training shall, by regulation, establish procedures for informal review of any refusal by representatives of the director of health to issue a compliance order with respect to any alleged violation and the director shall furnish the employee or representative of employees requesting the review a written statement of the reasons for the directors final disposition of the case.  (c) A representative of the employer and a representative authorized by the employees shall be given the opportunity to accompany the compliance inspector during a physical inspection of the workplace for the purpose of aiding the inspection. Where there is no authorized employee representative, the compliance inspector shall consult with a reasonable number of employees concerning matters of health in the workplace.  History of Section.P.L. 1973, ch. 261,  1; P.L. 1976, ch. 54,  3. 
 23-1.1-9. Procedures to counteract imminent dangers. Where the director of health finds a condition of imminent danger, he or she shall immediately notify the director of labor and training who shall then take the necessary action pursuant to  28-20-14.  History of Section.P.L. 1973, ch. 261,  1. 
 23-1.10-1. Declaration of policy. The problem of alcoholism, with its attendant effects upon the economic condition of alcoholics and those dependent upon them, and the substantial physical deterioration brought about by the misuse of alcohol, has, as shown by the studies, become more and more a major concern of government. Those who, through the misuse of alcohol, adversely affect their health and their economic independence have in recent years increased in number. This chapter is designed to provide proper treatment for those who have been habitually misusing alcohol as a beverage. It is the further policy of this state that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society.  History of Section.P.L. 1951, ch. 2755,  1; G.L. 1956,  40-12-1; P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-1; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-10. Treatment and services for intoxicated persons and persons incapacitated by alcohol. (a) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help, if he or she consents to the proffered help, may be assisted to his or her home, an approved public treatment facility, an approved private treatment facility, or other health facility by the police.  (b) A person who appears to be incapacitated by alcohol shall be taken into protective custody by the police and immediately brought to an approved public treatment facility for emergency treatment. If no approved public treatment facility is readily available, he or she shall be taken to an emergency medical service customarily used for incapacitated persons. The police, in detaining the person and in taking him or her to an approved public treatment facility, are taking him or her into protective custody and shall make every reasonable effort to protect his or her health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself or herself. If it is impracticable to take a person to an approved facility, the police may take him or her into protective custody in the police station in suitable quarters, for a reasonable time. A taking into protective custody under this section is not an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.  (c) A person who comes voluntarily or is brought to an approved public treatment facility shall be examined by a licensed physician as soon as possible. He or she may then be admitted as a patient or referred to another health facility, or be released to his or her own custody. The referring approved public treatment facility shall arrange for his or her transportation as provided for in  23-1.10-9(d).  (d) A person who by medical examination is found to be incapacitated by alcohol at the time of his or her admission or to have become incapacitated at any time after his or her admission, may not be detained at the facility: (1) once he or she is no longer incapacitated by alcohol, or (2) if he or she remains incapacitated by alcohol for more than five (5) days after admission as a patient, unless he or she is committed under  23-1.10-11. A person may consent to remain in the facility for as long as the physician in charge believes appropriate.  (e) A person who is not admitted to an approved public treatment facility, who is not referred to another health facility, and who has no funds may be taken to his or her home, if any. If he or she has no home, the approved public treatment facility shall refer or advise him or her to make contact with the appropriate state or federal agency for assistance in obtaining shelter.  (f) If a patient is admitted to an approved public treatment facility, his or her family or next-of-kin shall be notified as promptly as possible if requested by the patient. If an adult patient who is not incapacitated requests that there be no notification, his or her request shall be respected.  (g) The police, who act in compliance with this section, are acting in the course of their official duty and are not criminally or civilly liable for acting in the course of their official duty.  (h) If the physician in charge of the approved public treatment facility determines it is for the patients benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment.  History of Section.P.L. 1972, ch. 130,  1; P.L. 1973, ch. 186,  1; P.L. 1973, ch. 196,  1; P.L. 1984, ch. 122,  1; G.L. 1956,  40.1-4-10; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-11. Emergency commitment. (a) An intoxicated person who (1) has threatened, attempted, or inflicted physical harm on himself or herself or another and is likely to inflict physical harm on himself or herself or another unless committed, or (2) is incapacitated by alcohol, may be committed to an approved public treatment facility for emergency treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.  (b) The certifying physician, spouse, guardian, or relative of the person to be committed, or any other responsible person, may make a written application for commitment under this section, directed to the administrator of the approved public treatment facility. The application shall state facts to support the need for emergency treatment and be accompanied by a physicians certificate stating that he or she has examined the person sought to be committed within two (2) days before the certificates date and facts supporting the need for emergency treatment.  (c) Upon approval of the application by the administrator in charge of the approved public treatment facility, the person shall be brought to the facility by a peace officer, health officer, the applicant for commitment, the patients spouse, the patients guardian, or any other interested person. The person shall be retained at the facility to which he or she was admitted, or transferred to another appropriate public or private treatment facility, until discharged under subsection (e).  (d) The administrator in charge of an approved public treatment facility shall refuse an application if in his or her opinion the application and certificate failed to sustain the grounds for commitment.  (e) When, on the advice of the medical staff, the administrator determines that the grounds for commitment no longer exist, he or she shall discharge a person committed under this section. No person committed under this section may be detained in any treatment facility for more than ten (10) days. If a petition for involuntary commitment under  23-1.10-12 has been filed within the ten (10) days and the administrator in charge of an approved public treatment facility finds that grounds for emergency commitment still exist, he or she may detain the person until the petition has been heard and determined, but no longer than ten (10) days after filing the petition.  (f) A copy of the written application for commitment and of the physicians certificate, and a written explanation of the persons right to counsel, shall be given to the person within twenty-four (24) hours after commitment by the administrator, who shall provide a reasonable opportunity for the person to consult counsel.  History of Section.P.L. 1972, ch. 130,  1; P.L. 1973, ch. 196,  1; P.L. 1984, ch. 122,  1; G.L. 1956,  40.1-4-11; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-12. Involuntary commitment of alcoholics. (a) A person may be committed to the custody of the department by the district court upon the petition of his or her spouse or guardian, a relative, the certifying physician, or the administrator in charge of any approved public treatment facility. The petition shall allege that the person is an alcoholic who habitually lacks self-control as to the use of alcoholic beverages and that he or she: (1) has threatened, attempted, or inflicted physical harm on himself or herself or another and that unless committed is likely to inflict physical harm on himself or herself or another; or (2) will continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in ability to function independently if not treated, and is unable to make a rational and informed choice as to whether or not to submit to treatment, and as a result, poses a danger to himself or herself. Evidence that the person has had numerous short-term, involuntary admissions to a treatment facility shall be considered by the court in making a decision pursuant to this chapter. The petition shall be accompanied by a certificate of a licensed physician who has examined the person within three (3) days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physicians findings in support of the allegations of the petition.  (b) Upon filing the petition, the court shall fix a date for a hearing no later than ten (10) days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served on the petitioner, the person whose commitment is sought, his or her next-of-kin other than the petitioner, a parent or his or her legal guardian if he or she is a minor, the administrator in charge of the approved public treatment facility to which he or she has been committed for emergency care, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered to each person notified.  (c) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. The person shall be present unless the court believes that his or her presence is likely to be injurious to him or her; in this event the court shall appoint a guardian ad litem to represent him or her throughout the proceeding. The court shall examine the person in open court, or if advisable shall examine the person out of court. If the person has refused to be examined by a licensed physician, he or she shall be given an opportunity to be examined by a court-appointed licensed physician. If he or she refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him or her to the division for a period of not more than five (5) days for purposes of a diagnostic examination.  (d) If after hearing all relevant evidence, including the results of any diagnostic examination by the department, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to the department. It may not order commitment of a person unless it determines that the department is able to provide adequate and appropriate treatment for him or her and the treatment is likely to be beneficial.  (e) A person committed under this section shall remain in the custody of the department for treatment for a period of thirty (30) days unless sooner discharged. At the end of the thirty (30) day period, he or she shall be discharged automatically unless the department before the expiration of the period obtains a court order for his or her recommitment upon the grounds set forth in subsection (a) for a further period of ninety (90) days unless sooner discharged. If a person has been committed because he or she is an alcoholic likely to inflict physical harm on himself or herself or another, the department shall apply for recommitment if after examination it is determined that the likelihood still exists.  (f) A person recommitted under subsection (a) who has not been discharged by the department before the end of the ninety (90) day period shall be discharged at the expiration of that period unless the department, before the expiration of the period, obtains a court order on the grounds set forth in subsection (a) for recommitment for a further period not to exceed ninety (90) days. If a person has been committed because he or she is an alcoholic likely to inflict physical harm on himself or herself or another, the department shall apply for recommitment if after examination it is determined that the likelihood still exists. Only two (2) recommitment orders under subsection (e) and (f) shall be permitted.  (g) Upon the filing of a petition for recommitment under subsection (e) or (f), the court shall fix a date for a hearing no later than ten (10) days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served on the petitioner, the person whose commitment is sought, his or her next-of-kin other than the petitioner, the original petitioner under subsection (a) if different from the petitioner for recommitment, one of his or her parents or his or her legal guardian if he or she is a minor, and any other person the court believes advisable. At the hearing the court shall proceed as provided in subsection (c).  (h) The department shall provide for adequate and appropriate treatment of a person committed to its custody. The department may transfer any person committed to its custody from one approved public treatment facility to another if transfer is medically advisable.  (i) A person committed to the custody of the department for treatment shall be discharged at any time before the end of the period for which he or she has been committed if either of the following conditions is met:  (1) In case of an alcoholic committed on the grounds of likelihood of infliction of physical harm upon himself or herself or another, that he or she is no longer an alcoholic or the likelihood no longer exists; or  (2) In case of an alcoholic committed on the grounds of the need of treatment, deterioration, inability to function, or the fact that he or she is a danger to himself or herself, that the deterioration no longer exists, that he or she is no longer a danger to himself or herself, that he or she is able to function, that further treatment will not be likely to bring about significant improvement in the persons condition, or treatment is no longer adequate or appropriate.  (j) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by the court if he or she wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes. The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician of his or her choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.  (k) If a private treatment facility agrees with the request of a competent patient or his or her parent, sibling, adult child, or guardian to accept the patient for treatment, the administrator of the public treatment facility shall transfer him or her to the private treatment facility.  (l) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus.  (m)(1) Any aggrieved party may appeal to the superior court from a judgment of the district court by claiming the appeal in writing filed with the clerk within forty-eight (48) hours, exclusive of Sundays and legal holidays, after the judgment is entered.  (2) All court actions shall be heard within fourteen (14) days after the appeal and shall have precedence on the calendar and shall continue to have precedence on the calendar on a day-to-day basis until the matter is heard.  History of Section.P.L. 1972, ch. 130,  1; P.L. 1984, ch. 122,  1; P.L. 1987, ch. 232,  1; G.L. 1956,  40.1-4-12; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-13. Confidentiality of records  Availability for research. (a) The registration and other records of treatment facilities shall remain confidential and are privileged to the patient.  (b) Notwithstanding subsection (a), the director may make available information from patients records for purposes of research into the causes and treatment of alcoholism. Information under this subsection shall not be published in a way that discloses patients names or other identifying information.  History of Section.P.L. 1951, ch. 2755,  19; G.L. 1956,  40-12-22; P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-13; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-14. Visitation rights  Mail and other communications. (a) Subject to reasonable rules regarding hours of visitation which the director may adopt, patients in any approved treatment facility shall be granted opportunities for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program.  (b) Neither mail nor other communication to or from a patient in any approved treatment facility may be intercepted, read, or censored. The director may adopt reasonable rules regarding the use of telephone by patients in approved treatment facilities.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-14; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-15. Payment for treatment. (a) If treatment is provided by an approved public treatment facility and the patient has not paid the charge for that treatment, the department is entitled to any payment:  (1) Received by the patient or to which he or she may be entitled because of the services rendered; and  (2) From any public or private source available to the department because of the treatment provided to the patient.  (b) A patient in an approved treatment facility, or the estate of the patient, or a person obligated to provide for the cost of treatment and having sufficient financial ability, is liable to the division for cost of maintenance and treatment of the patient in an approved treatment facility in accordance with established rates.  (c) The director shall adopt rules governing financial ability that take into consideration the income, savings, and other personal and real property of the person required to pay, and any support being furnished by him or her to any person he or she is required by law to support.  History of Section.P.L. 1951, ch. 2755,  17; G.L. 1956,  40-12-20; P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-15; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-16. Limits on application of laws punishing intoxication. (a) Neither the state, municipality, nor other political subdivision of the state or municipality may adopt or enforce a law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.  (b) Neither the state, municipality, nor other political subdivision of the state or municipality shall interpret or apply any law of general application to circumvent the provision of subsection (a).  (c) Nothing in this chapter affects any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated time and places or by a particular class of persons.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-16; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-17. Severability. If any provision of this chapter or the application of that provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-17; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-18. Application of Administrative Procedures Act. Except as otherwise provided in this chapter, the state Administrative Procedures Act, chapter 35 of title 42, applies to and governs all administrative action taken by the director.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-18; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-19. Rules and regulations. All rules and regulations promulgated in accordance with the provisions of this chapter shall be adopted in accordance with the procedures specified in chapter 35 of title 42, the Administrative Procedures Act.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-19; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-2. Definitions. As used in this chapter: (1) Alcoholic means a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that his or her health is substantially impaired or endangered or his or her social or economic function is substantially disrupted;  (2) Approved private treatment facility means a private agency meeting the standards prescribed in  23-1.10-7(a) and approved under  23-1.10-7(c);  (3) Approved public treatment facility means a treatment agency operating under the direction and control of the department or providing treatment under this chapter through a contract with the department under  23-1.10-6(g) and meeting the standards prescribed in  23-1.10-7(a);  (4) Department means department of behavioral healthcare, developmental disabilities and hospitals;  (5) Director means the director of the department of behavioral healthcare, developmental disabilities and hospitals;  (6) Incapacitated by alcohol means a person, who as a result of the use of alcohol is intoxicated to such an extent that he or she is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment;  (7) Incompetent person means a person who has been adjudged incompetent by the probate court of the city and town in which the person resides, or any other court of competent jurisdiction;  (8) Intoxicated person means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol;  (9) Treatment means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons.  History of Section.P.L. 1972, ch. 130,  1; P.L. 1984, ch. 122,  1; G.L. 1956,  40.1-4-2; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-20. Pilot alternative program established. (a) There is hereby created a program for individuals impaired by substance abuse related issues, as an alternative treatment/referral service to the emergency room department, to foster their entry into a continuum of care for treatment and recovery. This pilot program shall be an addition and shall not alter the comprehensive and coordinated program for the treatment of alcoholics and intoxicated persons as set forth in  23-1.10-6.  (b) As used in this section, the following words and terms shall have the following meanings:  (1) Department means the Rhode Island department of behavioral healthcare, developmental disabilities and hospitals.  (2) Pilot program means the program described in this section. The pilot program shall not be subject to subsections 23-1.10-10(a), (b), (c) and (d).  (3) Substance abuse related issues means any of the symptoms that are caused by either active substance use, substance abuse/dependence or a combination of both.  (c) No later than December 31, 2012, and subject to approval of the Rhode Island executive office of health and human services, the department shall present a proposal to the governor and general assembly to expand existing service(s), that shall result in services described in subsection (a) available twenty-four (24) hours a day, seven (7) days a week to implement the pilot program.  (d) Subject to approval from the governor and general assembly and the receipt of required funds, the director shall commence the implementation of the pilot program.  (e) The director may adopt such rules and regulations governing the management of the pilot program as he/she deems necessary to carry out the provisions of this section.  (f) The pilot program shall have a duration of three (3) years, commencing on the date that the first licensed facility becomes operational.  (g) The department shall provide an annual report of its findings and recommendations to the general assembly and governor no later than January 31 of each year beginning in 2014.  (h) After three (3) years of operations, the department shall provide an analysis demonstrating outcomes related to the pilot program to the general assembly and governor.  History of Section.P.L. 2012, ch. 257,  1; P.L. 2012, ch. 265,  1. 
 23-1.10-3. Powers assumed by department. The department may: (1) Plan, establish, and maintain treatment programs as necessary or desirable;  (2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or intoxicated persons;  (3) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision of the state or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;  (4) Administer or supervise the administration of the provisions relating to alcoholics and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;  (5) Coordinate its activities and cooperate with alcoholism programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this and other states for the treatment of alcoholics and intoxicated persons and for the common advancement of alcoholism programs;  (6) Keep records and engage in research and the gathering of relevant statistics;  (7) Do other acts and things necessary or convenient to execute the authority expressly granted to it; and  (8) Acquire, hold, or dispose of real property or any interest in real property, and construct, lease, or otherwise provide treatment facilities for alcoholics and intoxicated persons.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-3; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-4. Duties of department. The department shall: (1) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;  (2) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of alcoholism and treatment of alcoholics and intoxicated persons;  (3) Cooperate with the department of corrections and board of parole in establishing and conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole from penal institutions;  (4) Cooperate with the board of regents for elementary and secondary education, board of governors for higher education, schools, police departments, courts, and other public and private agencies, organizations, and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials for use at all levels of school education;  (5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol;  (6) Develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol;  (7) Organize and foster training programs for all persons engaged in treatment of alcoholics and intoxicated persons;  (8) Sponsor and encourage research into the causes and nature of alcoholism and treatment of alcoholics and intoxicated persons, and serve as a clearing house for information relating to alcoholism;  (9) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;  (10) Advise the governor in the preparation of a comprehensive plan for treatment of alcoholics and intoxicated persons;  (11) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation, and advise the governor on provisions to be included relating to alcoholism and intoxicated persons;  (12) Assist in the development of, and cooperate with, alcohol education and treatment programs for employees of state and local governments and businesses and industries in the state;  (13) Utilize the support and assistance of interested persons in the community, particularly recovered alcoholics, to encourage alcoholics to voluntarily undergo treatment;  (14) Cooperate with the department of transportation and related agencies both state and local in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated;  (15) Encourage general hospitals and other appropriate health facilities to admit without discrimination alcoholics and intoxicated persons and to provide them with adequate and appropriate treatment;  (16) Encourage all health and disability insurance programs to include alcoholism as a covered illness;  (17) Submit to the governor an annual report covering the activities of the department; and  (18) Establish alcohol and substance abuse prevention programs for students in kindergarten through grade twelve (12), in accordance with  35-4-18. The director shall make an annual report to the governor and the general assembly on the administration of the program and shall submit to the governor and the general assembly the results of an independent evaluation of the alcohol and substance abuse prevention program established in accordance with this section. This evaluation shall address the following areas:  (i) Program development;  (ii) Implementation;  (iii) Impact; and  (iv) Recommendations for future needs.  History of Section.P.L. 1972, ch. 130,  1; P.L. 1984, ch. 81,  18; P.L. 1986, ch. 412,  4; G.L. 1956,  40.1-4-4; P.L. 1995, ch. 370, art. 14,  4; P.L. 2001, ch. 86,  4. 
 23-1.10-5. [Reserved.]
 23-1.10-6. Comprehensive program for treatment. (a) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics and intoxicated persons. The director shall divide the state into appropriate regions for the conduct of the program and establish standards for the development of the program on the regional level. In establishing the regions, consideration shall be given to city, town, and county lines and population concentrations.  (b) The program of the division shall include:  (1) Emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital;  (2) Inpatient treatment;  (3) Intermediate treatment; and  (4) Outpatient and follow-up treatment.  (c) The department shall provide for adequate and appropriate treatment for alcoholics and intoxicated persons admitted pursuant to  23-1.10-11 and 23-1.10-12. Treatment may not be provided at a correctional institution except for inmates.  (d) The department shall maintain, supervise, and control all facilities operated by it subject to its policies. The administrator of each facility shall make an annual report of its activities to the director in the form and manner the director specifies.  (e) All appropriate public and private resources shall be coordinated with and utilized in the program whenever possible.  (f) The director shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities.  (g) The department may contract for the use of any facility as an approved public treatment facility if the director, subject to the policies of the department, considers this to be an effective and economical course to follow.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-6; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-7. Standards for treatment facilities  Inspections  Furnishing information to department  Noncompliance with standards. (a) The department shall establish standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility, and fix the fees to be charged by the department for the required inspections. The standards may concern only the health standards to be met and standards of treatment to be afforded patients.  (b) The department shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner.  (c) The department shall maintain a list of approved public and private treatment facilities.  (d) Each approved public and private treatment facility shall file with the department on request: data, statistics, schedules, and any other information that the department reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, and any other information as requested, or files fraudulent returns, shall be removed from the list of approved treatment facilities.  (e) The department, after holding a hearing, may suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-7; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-8. Rules as to acceptance for treatment. The director shall adopt and may amend and repeal rules for acceptance of persons into the treatment program, considering available treatment resources and facilities for the purpose of early and effective treatment of alcoholics and intoxicated persons. In establishing the rules the director shall be guided by the following standards:  (1) If possible a patient shall be treated on a voluntary rather than an involuntary basis.  (2) A patient shall be initially assigned or transferred to outpatient or intermediate treatment, unless he or she is found to require inpatient treatment.  (3) A person shall not be denied treatment solely because he or she has withdrawn from treatment against medical advice on a prior occasion or because he or she has relapsed after earlier treatment.  (4) An individualized treatment plan shall be prepared and maintained on a current basis for each patient.  (5) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.  History of Section.P.L. 1972, ch. 130,  1; G.L. 1956,  40.1-4-8; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.10-9. Voluntary treatment of alcoholics. (a) An alcoholic may apply for voluntary treatment directly to an approved public treatment facility. If the proposed patient is a minor or an incompetent person, he or she, a parent, a legal guardian, or other legal representative may make the application.  (b) Subject to rules adopted by the director, the administrator in charge of an approved public treatment facility may determine who shall be admitted for treatment; provided, however, that a person so admitted may be held by the department for at least thirty (30) days. That person shall be released at the end of thirty (30) days upon written request to the administrator in charge of the treatment facility. If a person is refused admission to an approved public treatment facility, the administrator, subject to rules adopted by the director, shall refer the person to another approved public treatment facility for treatment if possible and appropriate.  (c) If a patient receiving inpatient care leaves an approved public treatment facility, he or she shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator in charge of the treatment facility that the patient is an alcoholic who requires help, the department shall arrange for assistance in obtaining supportive services and residential facilities.  (d) If a patient leaves an approved public treatment facility, with or against the advice of the administrator in charge of the facility, the department will attempt to make reasonable provisions for his or her transportation to another facility or to his or her home. If he or she has no home, he or she shall be referred or advised to make contact with the appropriate state or federal agency for assistance in obtaining shelter. If he or she is a minor or an incompetent person, the request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other legal representative or by the minor or incompetent if he or she was the original applicant.  History of Section.P.L. 1972, ch. 130,  1; P.L. 1984, ch. 122,  1; G.L. 1956,  40.1-4-9; P.L. 1995, ch. 370, art. 14,  4. 
 23-1.11-1. Definitions. As used in this chapter, the term: (1) Employer means those individuals or corporations with employees who have the potential to be exposed to blood-borne pathogens through a needlestick or other contaminated sharps;  (2) Engineering controls means controls including sharps disposal containers, self-sheathing needles, safer medical devices such as sharps with engineered sharps injury protections and needleless systems that isolate or remove the blood-borne pathogen hazard from the workplace;  (3) Exposure control plan is a document, which shall be produced and reviewed and updated at least annually and whenever necessary to reflect new or modified tasks, and procedures, which affect occupational exposure and reflect employee positions concerning occupational exposure;  (4) Needleless system means a device that does not use needles for: (i) the collection of bodily fluids or withdrawal of body fluids after initial venous or arterial access is established; (ii) the administration of medication or fluids; or (iii) any other procedure involving the potential for occupational exposure to blood-borne pathogens due to percutaneous injuries from contaminated sharps;  (5) Sharps with engineered sharps injury protections means a non-needle sharps or a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident.  History of Section.P.L. 2001, ch. 372,  1; P.L. 2001, ch. 382,  1. 
 23-1.11-2. Purpose. The Needlestick Safety and Injury Prevention Act includes all aspects related to engineering controls, revision and updating of an exposure control plan and record keeping.  History of Section.P.L. 2001, ch. 372,  1; P.L. 2001, ch. 382,  1. 
 23-1.11-3. Devices. Sharps with engineered sharps injury protections shall include an array of devices that make injury involving a contaminated sharps less likely, and include, but are not limited to, syringes with a sliding sheath that shields the attached needle after use; needles that retract into a syringe after use; shielded or retracting catheters used to access the bloodstream for intravenous administration of medications or fluids; and intravenous medication delivery systems that administer medications or fluids through a catheter port or connector site using a needle that is housed in a protective covering.  History of Section.P.L. 2001, ch. 372,  1; P.L. 2001, ch. 382,  1. 
 23-1.11-4. Needleless systems. Needleless systems provide an alternative to needles for the specified procedures, reducing the risk of percutaneous injury involving contaminated sharps and shall include, but are not limited to, intravenous medication delivery systems that administer medications or fluids through a catheter port or connector site using a blunt cannula or other non-needle connection, and jet injection systems that deliver subcutaneous or intramuscular injections of liquid medication through the skin without the use of a needle.  History of Section.P.L. 2001, ch. 372,  1; P.L. 2001, ch. 382,  1. 
 23-1.11-5. Engineering controls. Engineering controls shall include sharps with engineered sharps injury protections and needleless systems designed to reduce the risk of percutaneous exposure to blood-borne pathogens.  History of Section.P.L. 2001, ch. 372,  1; P.L. 2001, ch. 382,  1. 
 23-1.11-6. Exposure control plan. An exposure control plan will include requirements that employers document consideration and implementation of the safer medical devices that are appropriate, commercially available, and effective. No one medical device is appropriate in all circumstances of use. For purposes of this standard, an appropriate safer medical device includes only devices whose use, based on reasonable judgment in individual cases, will not jeopardize patient or employee safety or be medically contraindicated; commercially available means available in the marketplace; and an effective safer medical device is a device that, based on reasonable judgment, will make an exposure incident involving a contaminated sharps less likely to occur in the application in which it is used. Prefilled units are exempt from this section until January 2003.  History of Section.P.L. 2001, ch. 372,  1; P.L. 2001, ch. 382,  1. 
 23-1.11-7. Employer requirement. Every employer is required to: (1) document annually in the exposure control plan consideration and implementation of appropriate commercially available and safer medical devices designed to eliminate or minimize occupational exposure to blood-borne pathogens; (2) solicit input from nonmanagerial employees responsible for direct patient care who are potentially exposed to injuries from contaminated sharps in the identification, evaluation, and selection of effective work practice controls and shall document the solicitation in the exposure control plan.  History of Section.P.L. 2001, ch. 372,  1; P.L. 2001, ch. 382,  1. 
 23-1.11-8. Sharps injury log. To serve as a tool in identifying high risk areas and evaluating devices, a sharps injury log will be established and maintained by the employer. The log will be for percutaneous injuries from contaminated sharps. The information in the sharps injury log shall be recorded and maintained in such manner as to protect the confidentiality of the injured employee. The sharps injury log shall contain, at a minimum: (1) the type and brand of device involved in the incident, (2) the department work area where the exposure incident occurred, and (3) an explanation of how the incident occurred. The sharps injury log will be maintained for a period of five (5) years.  History of Section.P.L. 2001, ch. 372,  1; P.L. 2001, ch. 382,  1. 
 23-1.2-1. Division of legal services. There is established within the department of health a division which shall be known as the division of legal services.  History of Section.P.L. 1974, ch. 274,  1. 
 23-1.2-2. Appointment of chief counsel. The division of legal services shall be headed by a member of the bar of this state who shall be appointed by the director of health with the approval of the governor, and who shall be in the classified service.  History of Section.P.L. 1974, ch. 274,  1. 
 23-1.2-3. Assistant counsel. The chief counsel may appoint any assistants that may be deemed necessary whose powers and duties shall be similar to those imposed upon the chief counsel by law, and shall be performed under and by the advice and direction of the chief counsel.  History of Section.P.L. 1974, ch. 274,  1. 
 23-1.2-4. Appropriation for expenses. The general assembly shall annually appropriate the sum or sums that it may deem necessary for the payment of the salaries of clerical assistants that may be deemed necessary and for the payment of office expenses and other actual expenses incurred by the chief counsel in the performance of his or her duties, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or sums, or so much of the sum or sums as may from time to time be required, upon receipt by him or her of proper vouchers approved by the chief counsel.  History of Section.P.L. 1974, ch. 274,  1. 
 23-1.2-5. Office of chief counsel. The chief counsel shall have an office in the department of health building which shall be assigned to him or her for his or her use by the director of the department of health.  History of Section.P.L. 1974, ch. 274,  1. 
 23-1.2-6. Duties. The chief counsel shall act as the legal adviser of the department of health and the officers of that department.  History of Section.P.L. 1974, ch. 274,  1; P.L. 1982, ch. 267,  2. 
 23-1.2-7. Repealed.
 23-1.3-1. Definitions. When used in this chapter: (1) Artificially produced radioactive material means any radioactive material other than by-product material, special nuclear material, and source material which is produced by any unnatural process such as through the bombardment of material with high energy atomic particles.  (2) By-product material means any radioactive material except special nuclear material yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.  (3) Department means the department of health.  (4) Electronic product means any manufactured product or device or component part of a product or device that has an electronic circuit which during operation can generate or emit a physical field of radiation.  (5) General license means a license effective pursuant to regulations promulgated by the state radiation control agency without the filing of an application to transfer, acquire, own, possess, or use quantities of, or devices of equipment utilizing, by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially. The agency may require notification of possession of generally licensed materials.  (6) Naturally occurring radioactive material means any radioactive material that is not otherwise defined in this section and whose origin is wholly the result of natural processes.  (7) Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency of any other state, and any legal successor, representative, agent or agency of these, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, or any successor to the commission.  (8) Radiation means:  (i) Ionizing radiation including gamma rays, x-rays, alpha particles, beta particles, and other atomic or nuclear particles or rays; and  (ii) Any electromagnetic radiation that can be generated during the operation of a microwave oven.  (9) Radiation source means any material or electronic product capable of emitting radiation.  (10) Radioactive material means any material, solid, liquid, or gas, that emits ionizing radiation spontaneously.  (11) Registration means the proper completion and filing with the state radiation control agency of a form provided by the agency, and containing information that the agency may require by its regulations.  (12) Source material means:  (i) Uranium, thorium, or any other material which the director of health declared by order to be a source material after the United States Nuclear Regulatory Commission, or any successor to the commission, has determined the material to be source material; or  (ii) Ores containing one or more of the materials listed in paragraph (i), in a concentration that the director of health declared by order to be source material after the United States Nuclear Regulatory Commission, or any successor to the commission, has determined the material in that concentration to be source material.  (13) Special nuclear material means:  (i) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the director of health declared by order to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor to the commission, has determined the material to be special nuclear material, but does not include source material; or  (ii) Any material artificially enriched by any of the material listed in paragraph (i), but does not include source material.  (14) Specific license means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.  (15) Unnecessary radiation means radiation used in a manner that may present a hazard to the health of the people or the industrial or agricultural potentials or the ecology or wildlife of the state.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-10. Injunctive relief. A civil action may be instituted in superior court on behalf of the agency for injunctive relief to prevent the violation of the provisions of this chapter or codes, rules, or regulations promulgated under the provisions of this chapter, and the court may proceed in the action in a summary manner or otherwise and may restrain in all those cases any person from violating any of the provisions of this chapter or the rules or regulations.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-11. Prohibited uses and services. It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, possess, or dispose of any radiation source unless licensed by or registered with the administrator when that licensing or registration is required in accordance with the provisions of this chapter and the rules and regulations promulgated under this chapter. It shall also be unlawful for any person to engage in the business of installing or offering to install radiation sources or to engage in the business of furnishing or offering to furnish radiation source services or service unless registered with or licensed by the administrator whenever that registration and licensing is required in accordance with the provisions of this chapter and the rules and regulations promulgated under this chapter.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-12. Penalty. Any person who violates any of the provisions of this chapter or rule or regulation of the agency or who violates any order of the agency promulgated pursuant to this chapter shall be guilty of a misdemeanor, and in addition may be enjoined from continuing the violation. Each day any person neglects or refuses to comply shall constitute a separate offense.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-13. Radiation advisory commission. There is created an advisory commission to be known as the state radiation advisory commission which shall consist of eleven (11) members. The commission membership shall at all times be limited to members having special expertise in radiation protection and radiological health. One member shall be a representative of the Rhode Island atomic energy commission. Membership shall also include persons representing a physical science or engineering, diagnostic radiology, nuclear medicine, dentistry, veterinary medicine, industrial radiation protection, and radiologic technology; provided that no more than two (2) individuals shall be specialists in any one field; and provided that at least one of the eleven (11) members shall be affiliated on a full-time basis with a voluntary, nonprofit hospital in the state. The members shall be residents of or work in the state and shall be appointed by the director of health. Each member shall be appointed for a term of four (4) years and until his or her successor shall be appointed; provided, that of the original appointments four (4) shall be appointed for a term of two (2) years, four (4) for a term of three (3) years, and three (3) for a term of four (4) years. In order to assure the proper balance of technical skills whenever a vacancy or vacancies occur, the state radiation advisory commission shall submit to the director of health for his or her consideration the names of three (3) nominees for each vacancy. The members shall receive no compensation for their services but shall receive necessary travel and other expenses while engaged in actual work of the commission. The administrator shall act as technical secretary to the commission.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-14. Organization. The director of health shall appoint a chairperson from among members of the advisory commission. The commission shall hold meetings on the call of the chairperson or director and all commission meetings and records of those meetings shall be open to the public.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-15. Duties. The commission shall: (1) Review and evaluate policies and programs of the state relating to radiation and advise the agency of its opinions and findings;  (2) Make recommendations to the governor, the director of health and the agency administrator and furnish any technical advice that may be required on matters relating to development, utilization, and regulation of sources of radiation; and  (3) Make a biennial report to the governor and the general assembly.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-16. Existing remedies unimpaired. No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule, or regulation promulgated under the provisions of this chapter shall be excluded or impaired by this chapter.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-17. Protection of department of health powers. The powers and functions vested in the department of health under the provisions of this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department of health under any other provisions of law.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-18. Conflicting laws. This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary to other laws, except to the extent that they are in direct conflict with this chapter. Nothing in this chapter or in any code, rules, or regulations promulgated pursuant to the provisions of this chapter shall preclude the right of any governing body of a municipality to adopt ordinances or regulations not inconsistent with this chapter or any code, rules, or regulations promulgated pursuant to those ordinances or regulations.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-19. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-2. State radiation control agency. (a) The director of health shall designate a unit within the department of health as the state radiation control agency.  (b) The director of health shall appoint a director of the agency, referred to as the administrator, who shall perform functions vested in the agency pursuant to the provisions of this chapter.  (c) The agency shall for the protection of the public health and safety:  (1) Administer this chapter and codes, rules, or regulations promulgated under it.  (2) Develop and conduct policies and programs for evaluation of hazards associated with the use of radiation sources and for their amelioration.  (3) Develop and conduct programs with due regard for compatibility with federal programs for regulation of by-product, source, and special nuclear materials, naturally occurring and artificially produced radioactive materials, and electronic products as defined in this chapter.  (4) Have power to formulate and promulgate, amend, and repeal codes and rules and regulations, including licensing and registration of radiation sources, persons, and services as may be necessary to prohibit and prevent unnecessary radiation; provided, however, that no code, rule, regulation, amendment, or repeal shall be adopted except in accordance with the provisions of chapter 35 of title 42.  (5) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, industries, and with groups concerned with control of radiation sources.  (6) Whenever the state emergency response plan for radiological emergencies is placed into operation, to act as the principal advisor to the governor or his or her authorized representative regarding the degree of potential hazard to the states population and the necessity for and types of protective actions to be taken to protect the public health and safety.  (7) Issue orders or modifications of those orders as may be necessary in connection with its proceedings.  (8) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private.  (9) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to the control of radiation hazards, the measurement of radiation, the effects on health of exposure to radiation, and related problems as it may deem necessary or advisable for the discharge of its duties under the provisions of this chapter.  (10) Collect and disseminate information relating to control of radiation sources including:  (i) Maintenance of a file of all licenses for radioactive materials or services, applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;  (ii) Maintenance of a file of registrants requiring registration under the provisions of this chapter and any administrative or judicial action pertaining to that file; and  (iii) Maintenance of a file of all rules and regulations relating to regulation of sources of radiation, pending or promulgated, and proceedings on them.  (11) Collect and disseminate health education information relating to radiation protection.  (12) Review plans and specifications for radiation sources submitted pursuant to codes, rules, or regulations promulgated under this chapter.  (13) Conduct a program of measurement of appropriate environmental media for radiation or radioactive material whenever the administrator shall determine that a program is warranted in connection with activities originating within the state or in neighboring states.  (14) Based upon information developed by the department of health and provided by other departments and state agencies, disseminate on a quarterly basis the schedule for cleaning up nuclear and radioactive materials at the United Nuclear plant in the town of Charlestown and at the sites of other nuclear and radioactive accidents and spillages.  History of Section.P.L. 1976, ch. 195,  1; P.L. 1982, ch. 185,  1. 
 23-1.3-3. Transportation or use of radiation sources. All radiation sources shall be shielded, transported, handled, used, kept, and disposed of in a manner as to prevent all users of radiation sources and all persons within effective range of radiation sources from being exposed to unnecessary radiation.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-4. Inspection and right of entry. The administrator or his or her duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violations of the provisions of this chapter and rules and regulations issued under the provisions of this chapter, except that entry into areas under the jurisdiction of the federal government shall be effected only after notification of appropriate federal government authorities. This entry may include, but shall not be limited to, inspections and investigations of radiation sources, their shieldings and immediate surroundings and records or memoranda pertaining to exposure to radiation sources as they may pertain to the public health and welfare.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-5. Licensing and registration of radiation sources. (a) The agency shall provide by rule or regulation for general or specific licensing of by-product, source, special nuclear materials, artificially produced radioactive material, and naturally occurring radioactive material, or devices or equipment utilizing those materials. The rule or regulation shall provide for amendment, suspension, or revocation of licenses.  (b) The agency is authorized to require registration or licensing of other radiation sources.  (c) The agency is authorized to require registration or licensing of any person engaged in the business of installing or offering to install radiation sources or engaged in the business of furnishing or offering to furnish radiation source services or service in this state to any agency licensee or registrant.  (d) The agency is authorized to exempt certain radiation sources or kinds of uses or users from the licensing or registration requirement set forth in this section when the agency makes a finding that the exemption will not constitute a significant risk to the health and safety of the public. Those sources, uses, or users that may be exempted from the licensing or registration requirement shall be specifically named in a schedule of regulations that may be promulgated under the authority of  23-1.3-2.  (e) Rules and regulations promulgated pursuant to this chapter may provide for recognition of other state or federal licenses as the agency may deem desirable, subject to registration requirements that the agency may prescribe.  (f) The agency may assess annual fees in connection with its licensing, registration, and inspection activities, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.  (g) In lieu of a multiplicity of separate license and/or registration fees which may be assessed under this section, any person may elect to pay a combination license and registration fee, not to exceed a fixed dollar amount as periodically determined by the director of health after consultation with the radiation advisory committee.  (h) The combined fee shall cover all specific licenses and/or registrations issued by the agency to the person for uses and services at one location or address.  (i) All fees and fines collected under this chapter shall be paid to the general treasury of the state.  (j) License and registration fees assessed under this chapter shall be due and payable on or before the expiration date shown on the license or registration.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-6. Records. (a) The administrator may require each person who possesses or uses a radiation source or who is licensed by or registered with the radiation control agency to maintain records relating to the receipt, storage, transfer, or disposal of radiation sources and any other records as he or she may require subject to exemptions that may be provided by rules or regulations.  (b) The administrator shall require each person who possesses or uses a radiation source or who is licensed by or registered with the agency to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by his or her rules and regulations. Copies of these records and those required to be kept by subsection (a) of this section shall be submitted to the administrator on request. Any person possessing or using a radiation source or licensed by or registered with the agency shall furnish to each employee for whom personnel monitoring is required a copy of that employees personal exposure record, at any time that employee makes a request in writing, has received excessive exposure, and upon termination of employment.  (c) The administrator may require the reporting of information that he or she deems necessary for the protection of the public concerning:  (1) The routine and non-routine operations of fixed facilities within the state in which sources of radiation are stored or in use; and  (2) The transport of radioactive materials within or through the state.  (d) All records required by this section shall be maintained indefinitely unless otherwise specified by rule or regulation promulgated under the provisions of this chapter.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-7. Federal-state agreements. (a) In accordance with the provisions of chapter 27 of title 42, the governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal governments responsibilities with respect to radiation sources and the assumption of those responsibilities by this state.  (b) Any person who, on the effective date of an agreement under subsection (a), possesses a license issued by the federal government shall be deemed to possess the license pursuant to a license issued under this chapter, which shall expire either ninety (90) days after receipt from the administrator of a notice of expiration of the license, or on the date of expiration specified in the federal license, whichever is earlier.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-8. Notification of violation and order of abatement. Whenever the administrator or his or her authorized representative finds upon inspection and examination of a radiation source as constructed, operated, or maintained or through any other authorized means that there has been a violation of any of the provisions of this chapter or any codes, rules, regulations promulgated under the provisions of this chapter, he or she shall notify any person found to be causing, allowing, or permitting the violation of the nature of that violation and order that prior to a time fixed by the administrator, which shall not be later than ten (10) days from the date of service of the notice, that the person shall cease and abate causing, allowing, or permitting the violation and take any action that may be necessary to comply with this chapter and codes, rules, or regulations promulgated under the provisions of this chapter. In any proceeding under this chapter for granting, suspending, revoking, or amending any license, or for determining compliance with or granting exemptions from rules and regulations of the agency, the agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding, and shall admit any interested person as a party to the proceeding. Any person aggrieved by the finding or order of the agency may request a hearing before the director of health or his or her authorized representative, at any time within fifteen (15) days after notification, and the director of health may affirm the finding or order of the agency or reverse or modify the finding or order of the agency. Any person aggrieved by the finding or order of the director of health may bring a civil action in superior court at any time within thirty (30) days after being notified of the finding or order, and the court may proceed in a summary manner or otherwise, and may affirm the finding or order of the agency or director of health or reverse or modify the finding or order of the agency or director of health in whole or in part as the court shall deem just and reasonable.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.3-9. Authority of the administrator in cases of emergency. Whenever the administrator finds that an emergency exists requiring immediate action to protect the public health or welfare, he or she may issue an order reciting the existence of the emergency and requiring that action be taken that he or she deems necessary to meet the emergency. The order shall be effective immediately. Any person to whom the order is directed shall immediately comply with the order, but on application to the director of health, shall be afforded a hearing within fifteen (15) days. On the basis of that hearing, the director of health shall continue the order in effect, revoke it, or modify it.  History of Section.P.L. 1976, ch. 195,  1. 
 23-1.7-1. Duties  Director of the department of health. The director of the department of health shall develop and carry out an assessment of all state programs that address Alzheimers disease and shall maintain and annually update the Rhode Island state plan for Alzheimers disease and related disorders, and promulgate rules and regulations to implement the purpose of this chapter.  History of Section.P.L. 2019, ch. 174,  1; P.L. 2019, ch. 209,  1. 
 23-1.7-2. Creation of advisory council. (a) There is hereby established a council to be called the advisory council on Alzheimers disease and related disorders. The advisory council shall consist of nineteen (19) members to be composed as follows: the lieutenant governor, or designee; the director of the department of health, or designee; the director of the office of healthy aging, or designee; the chairperson of the long-term care coordinating council; three (3) members appointed by the lieutenant governor, one of whom shall be appointed solely by the lieutenant governor without reference to any list; one of whom shall be appointed and selected from a list of five (5) names of individuals submitted by the speaker of the house, with two (2) individuals having experience as caregivers of persons with Alzheimers disease and related disorders and reflecting diverse backgrounds, including diversity in race and ethnicity; one of whom shall be appointed and selected from a list of five (5) names of individuals submitted by the president of the senate, with two (2) individuals having experience as caregivers of persons with Alzheimers disease and related disorders and reflecting diverse backgrounds, including race and ethnicity; one member appointed by the speaker of the house; one member appointed by the president of the senate; and ten (10) members appointed by the governor. The members appointed by the governor shall include one member who is an Alzheimers disease patient advocate; one member who is an Alzheimers disease caregiver; one member who is a healthcare provider; one member who is a researcher with Alzheimers-related expertise in basic, translational, clinical, or drug-development science; one member who is a representative from an Alzheimers disease organization that funds research and has demonstrated experience in care and patient services; one member from an Alzheimers advocacy organization that provides services to families and professionals, including information and referrals, support groups, care consultation, education, and safety services; one member who is a representative from an organization focused on Alzheimers workforce development; one member who is a representative from the long-term-care industry; one member who will represent the adult primary care community; and one member who is a representative of a healthcare insurer. Advisory council members shall select their own chairperson. Ten (10) members shall constitute a quorum.  (b) The member appointed by the speaker of the house, the member appointed by the president of the senate, and three (3) members appointed by the governor shall be initially appointed for a term to expire July 1, 2020, and four (4) members to be appointed by the governor shall be initially appointed for a term to expire July 1, 2021. After the initial term, the appointed members shall serve two-year (2) terms, until their successor is appointed.  History of Section.P.L. 2019, ch. 174,  1; P.L. 2019, ch. 209,  1; P.L. 2022, ch. 356,  1, effective June 29, 2022; P.L. 2022, ch. 357,  1, effective June 29, 2022. 
 23-1.7-3. Advisory council responsibility. (a) The advisory council shall meet at least quarterly and shall advise the governor, speaker of the house, and president of the senate on developments and advances on the diagnosis, treatment, and prevention of Alzheimers disease.  (b) In coordination with the department of health, the advisory council shall determine the number of residents diagnosed with Alzheimers disease to ascertain the number of residents diagnosed with early-onset Alzheimers disease, regardless of age.  (c) The advisory council shall identify available resources and services needed for the treatment and care of residents diagnosed with Alzheimers disease.  (d) Annually, not later than March 1, the advisory council shall provide a report to the director of the department of health with a copy to the governor, the speaker of the house, and the president of the senate, which shall include:  (1) Information and recommendations on Alzheimers disease policy;  (2) An evaluation of all state-funded efforts in Alzheimers disease research, clinical care, institutional, home-based, and community-based programs; and  (3) Recommended amendments, updates, and changes to the state plan for Alzheimers disease and related disorders.  History of Section.P.L. 2019, ch. 174,  1; P.L. 2019, ch. 209,  1. 
 23-1.7-4. Assessment protocol. (a) The director of the department of health shall publish on the departments website an Alzheimers disease assessment protocol specifically focused on recognizing the signs and symptoms of cognitive impairments, including, but not limited to, Alzheimers disease and appropriate resource information for effective medical screening, investigation, and service planning.  (b) The director of the department of health shall make available upon request a copy of the assessment protocol to protective-services caseworkers, healthcare professionals, and members of the public.  (c) Protective-services caseworkers assigned to or employed by the office of healthy aging shall be familiar with the information contained in the assessment protocol.  History of Section.P.L. 2019, ch. 174,  1; P.L. 2019, ch. 209,  1; P.L. 2022, ch. 356,  1, effective June 29, 2022; P.L. 2022, ch. 357,  1, effective June 29, 2022. 
 23-1.7-5. Medical professional training. (a) All physicians licensed pursuant to chapter 37 of title 5, and nurses licensed pursuant to chapter 34 of title 5, shall, no later than October 1, 2023, complete a one-time course of training consisting of a minimum of one hour of instruction on the diagnosis, treatment, and care of patients with cognitive impairments including, but not limited to, Alzheimers disease and related disorders.  (b) The department of health shall promulgate rules to implement the training requirement of subsection (a).  History of Section.P.L. 2019, ch. 174,  1; P.L. 2019, ch. 209,  1; P.L. 2022, ch. 356,  1, effective June 29, 2022; P.L. 2022, ch. 357,  1, effective June 29, 2022. 
 23-1.7-6. Healthcare facility plan. (a) Every healthcare facility as defined in  23-17-2 shall, not later than October 1, 2023, complete and implement an operational plan for the recognition and management of patients with Alzheimers disease and related disorders.  (b) The department of health shall promulgate rules and regulations to implement the operational plan requirements of subsection (a).  (c) The director of the department of health, in consultation with the advisory council on Alzheimers disease and related disorders, shall determine which healthcare facilities defined in  23-17-2 will be subject to the requirements of subsection (a) of this section.  History of Section.P.L. 2019, ch. 174,  1; P.L. 2019, ch. 209,  1; P.L. 2022, ch. 356,  1, effective June 29, 2022; P.L. 2022, ch. 357,  1, effective June 29, 2022. 
 23-1.8-1. Purpose  Creation of commission. (a) In view of the barriers and disadvantages which deafness and hearing impairments impose on those individuals so affected, and in view of the testimony on deafness received by a legislative study commission, it is hereby proposed that a permanent Rhode Island commission on the deaf and hard-of-hearing be established. This commission shall be composed as follows: a thirteen (13) member commission, eleven (11) of whom are appointed by the governor, one representative appointed by the speaker of the house and one senator appointed by the president of the senate. Four (4) of the governors appointments shall be initially appointed for a term to expire July 1, 1995 and three (3) members shall be appointed for a term to expire July 1, 1994. Thereafter the commissioners shall serve staggered two (2) year terms, each member serving until his or her successor is appointed. These commissioners shall be responsible for the establishment of policies and the appointment of an executive director who shall be in the unclassified service and other staff as needed and for whom appropriations are available. They shall meet not less than four (4) times per year, and shall not be paid for their services, except for reimbursement of expenses incurred by their service. The commissioners may elect their own officers.  (b) The members appointed by the governor shall include five (5) individuals who are deaf who use American Sign Language, one individual who is deaf who does not use American Sign Language, three (3) who are hard-of-hearing, and two (2) who are hearing. Commission members shall select their own chairperson. Five (5) members shall constitute a quorum.  History of Section.P.L. 1978, ch. 105,  1; G.L. 1956,  23-57-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-1.8-1; P.L. 1984, ch. 153,  1; P.L. 1990, ch. 217,  1; P.L. 1992, ch. 174,  1; P.L. 1992, ch. 324,  4; P.L. 1999, ch. 72,  1; P.L. 1999, ch. 243,  1; P.L. 2001, ch. 180,  38; P.L. 2001, ch. 245,  1; P.L. 2001, ch. 281,  1. 
 23-1.8-2.1. Sign language interpreter referral service. The commission shall administer the sign language interpreter referral service for all certified licensee, licensee, grandparent licensee, and special licensee interpreters, as provided in chapter 71 of title 5, who hold a valid interpreter for the deaf license issued by the state board of examiners of interpreters for the deaf pursuant to  5-71-9 or  5-71-12 [repealed] or hold a valid license, certificate, or equivalent issued with another state with reciprocity pursuant to  5-71-10. The commission shall not impose any limits on the practice of certified licensees, licensees, grandparent licensees, or special licensees beyond those imposed by the state board of examiners for interpreters for the deaf. Prior to January 1, 1998 the commissions sign language interpreter referral service shall be open to all interpreters for the deaf who meet or exceed qualifications for license in  5-71-9, 5-71-10, 5-71-11 [repealed], or 5-71-12 [repealed]. The commission shall refer any complaints regarding the conduct or performance of any interpreter utilizing their referral service to the state board of examiners for interpreters for the deaf for appropriate action pursuant to  5-71-13. The commission shall upon receipt of notice of revocation or suspension of a license by the state board of examiners for interpreters for the deaf, immediately cease to refer customers to that licensee, unless and until the license is restored.  History of Section.P.L. 1996, ch. 151,  2; P.L. 2008, ch. 475,  33. 
 23-1.8-2. Duties  Activities. The commission shall be primarily a coordinating and advocating body, acting on behalf of the special concerns of deaf and hard-of-hearing persons in Rhode Island. Its activities shall be independent of any existing agency or department within the state. The commission shall be accountable directly to the executive office of the state, and shall submit an annual report to the governor. The commission will assume the following duties:  (1) Bring about greater cooperation and coordination among agencies and organizations now servicing or having the potential to serve the deaf and hard-of-hearing;  (2) Promote greater accessibility to services for the deaf and hard-of-hearing;  (3) Conduct an ongoing needs assessment;  (4) Promote increased awareness and provide information and referrals;  (5) Advocate for the enactment of legislation that would assist the needs of individuals who are deaf and hard-of-hearing;  (6) Administer a sign language interpreter referral service;  (7) Take necessary action to improve the quality of life for deaf and hard-of-hearing individuals living in Rhode Island;  (8) Develop a statewide coordinating council that will coordinate the implementation of the comprehensive statewide strategic plan for children in Rhode Island who are deaf or have hearing loss. The composition, functions and activities of the statewide coordinating council shall be consistent with the provisions of the strategic plan developed through the Rhode Island department of elementary and secondary education.  (9) Track the yearly services provided by exempted interpreters, as defined in subsection 5-71-15(4).  History of Section.P.L. 1978, ch. 105,  1; G.L. 1956,  23-57-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-1.8-1; P.L. 1984, ch. 153,  1; P.L. 1992, ch. 174,  1; P.L. 1999, ch. 72,  1; P.L. 1999, ch. 243,  1; P.L. 2006, ch. 261,  4; P.L. 2006, ch. 277,  4. 
 23-1.8-3. Committees. (a) To assist in the performance of its duties the commission shall establish various committees. Except as authorized by the commission, committees shall be composed of no more than seven (7) members who shall serve staggered terms.  (b) At least one individual who is deaf, one individual who is hard-of-hearing, and one commission member, whenever possible, shall serve on each committee. In addition, governmental agencies shall assign one representative to the following committees:  (1) Telecommunications relay service committee: one representative of the public utilities commission;  (2) Education committee: one representative of the department of elementary and secondary education and one representative of the Rhode Island School for the Deaf;  (3) Employment committee: one representative of the department of human services, and one representative of the department of labor and training;  (4) Health care committee: one representative of the department of elderly affairs, one representative of the department of health, and one representative of the department of behavioral healthcare, developmental disabilities and hospitals;  (c) The committees are responsible for appointing their chairpersons. Chairpersons shall report upon the activities of their committees at commission meetings.  History of Section.P.L. 1992, ch. 174,  2. 
 23-1.8-4. Emergency and public communication access account. (a) There is established within the general fund the emergency and public communication access restricted receipt account, which shall be referred to as the EPCA account. The purpose of this account is to fund emergency communication and enhance public communication access for deaf and hard of hearing people, in accordance with  39-1-42(d). In addition, the account shall be used to enhance emergency communication systems to alert deaf and hard of hearing people to any type of emergencies within the state.  (b) The account shall be used to purchase and install public communication access equipment and products at public sites for deaf and hard of hearing citizens.  (c) The commission is authorized to establish, administer and promote its emergency and public communication access program.  (d) The commission is authorized to make purchases specifically for the EPCA program and empowered to receive donations and grants from sources including, but not limited to, the federal government, governmental and private foundations, and corporate and individual donors; these donations and grants to be deposited in the EPCA account.  (e) The commission is authorized to promulgate rules and regulations that will set forth how the commission shall utilize the EPCA account. In preparing rules and regulations regarding emergency communications, the commission shall confer with applicable departments and agencies.  History of Section.P.L. 2013, ch. 144, art. 17,  2. 
 23-1.8-5. Communication access services. A state employee who is approved by the commission for the deaf and hard of hearing as an interpreter or a communication access realtime translation (CART) provider may be employed by the commission or by other state agencies as long as the interpreter and CART services:  (1) Are provided outside of the normal working hours of the employee in order to comply with federal, state, and local laws;  (2) The services are not required as part of the regular duties of the employee;  (3) The employee does not participate in or have official responsibility for the financial management of the contracting agency;  (4) The employee is compensated for no more than four (4) hours in any day in which the employee is otherwise compensated by the state of Rhode Island; and  (5) The head of the contracting agency files with the state ethics commission a written certification that there is a critical need for the services of the employee.  History of Section.P.L. 2019, ch. 181,  1; P.L. 2019, ch. 210,  1. 
 23-1.9-1, 23-1.9-2. Repealed.
 23-1-1.1. Health planning  Findings. It is found and determined that health planning is essential to promote appropriate access to high quality health services at a reasonable cost and is a precondition to effective public health practice by the department of health; and that health planning is a prerequisite to the effective discharge of the department of healths certificate of need responsibilities.  History of Section.P.L. 1988, ch. 383,  1. 
 23-1-1.2. Health planning process. 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.  History of Section.P.L. 1988, ch. 383,  1. 
 23-1-1.3. Transfer of responsibilities. Whenever, in any general or public law, the words office of substance abuse, OSA, department of substance abuse shall appear, they shall be deemed to refer to and to mean the department of behavioral healthcare, developmental disabilities and hospitals. Whenever, in any general or public law, the words director of the department of substance abuse shall appear, they shall be deemed to refer to and to mean the director of the department of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1995, ch. 370, art. 14,  3; P.L. 1998, ch. 257,  2; P.L. 1998, ch. 458,  2. 
 23-1-1. General functions of department. The department of health shall take cognizance of the interests of life and health among the peoples of the state; shall make investigations into the causes of disease, the prevalence of epidemics and endemics among the people, the sources of mortality, the effect of localities, employments and all other conditions and circumstances on the public health, and do all in its power to ascertain the causes and the best means for the prevention and control of diseases or conditions detrimental to the public health, and adopt proper and expedient measures to prevent and control diseases and conditions detrimental to the public health in the state. It shall publish and circulate, from time to time, information that the director may deem to be important and useful for diffusion among the people of the state, and shall investigate and give advice in relation to those subjects relating to public health that may be referred to it by the general assembly or by the governor when the general assembly is not in session, or when requested by any city or town. The department shall adopt and promulgate rules and regulations that it deems necessary, not inconsistent with law, to carry out the purposes of this section; provided, however, that the department shall not require all nonprofit volunteer ambulance, rescue service, and volunteer fire departments to have two (2) or more certified emergency medical technicians manning ambulances or rescue vehicles.  History of Section.P.L. 1929, ch. 1432,  4; P.L. 1930, ch. 1549,  1; G.L. 1938, ch. 255,  3; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-1-1; P.L. 1964, ch. 45,  2; P.L. 1984, ch. 224,  1. 
 23-1-10  23-1-12. Repealed.
 23-1-13. Appropriations and disbursements. The general assembly shall annually appropriate those sums for the purposes of this chapter that it deems necessary; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of those sums, or so much of those sums as may from time to time be required, upon the receipt by him or her of proper vouchers authenticated by the director of health.  History of Section.P.L. 1929, ch. 1432,  11; P.L. 1930, ch. 1549,  1; G.L. 1938, ch. 255,  22; impl. am. P.L. 1939, ch. 660,  65, 180; G.L. 1956,  23-1-13. 
 23-1-14. Vouchers for disbursements. Notwithstanding the provisions of any general law, public law, or resolution which may provide for the personal approval of the director of health, the state controller is authorized to make payment for all expenditures of the department of health upon receipt of duly authenticated vouchers from that department.  History of Section.P.L. 1945, ch. 1589, 1; G.L. 1956,  23-1-14. 
 23-1-15. Providing a physician for New Shoreham. Whenever it appears that the town of New Shoreham does not have a duly licensed physician in attendance, the director of health, with the approval of the governor, may request duly qualified state physicians from any department within the state government to accept assignment to be in residence there and to serve the people of the town of New Shoreham in the general practice of medicine. The town of New Shoreham shall provide the doctor with suitable living quarters and office facilities including light and heat free of charge, and the doctor shall charge regular fees for his or her services and shall account for the fees to the director of health. In addition to the regular remuneration being paid that doctor by the state at the time of the assignment, the doctor shall also receive a percentage of all fees collected by him or her that in the discretion of the director of health shall be deemed reasonable, and the proceeds of the remaining fees shall be paid to the general treasurer and become part of the general fund of the state.  History of Section.P.L. 1962, ch. 168,  1. 
 23-1-16.1. Letters of license verification  Fees. (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.  History of Section.P.L. 2012, ch. 241, art. 9,  48. 
 23-1-16. Receipt and use of funds. (a) The state department of health shall have authority to receive and expend any funds which may become available from the federal government for public health purposes whenever it is so authorized by the governor. The department of health, with the approval of the governor, shall have authority:  (1) To meet those federal requirements with respect to the administration of those funds that may be set forth as conditions precedent to receiving those federal funds;  (2) To enter into and execute contracts to perform services for which the state may be compensated from the federal government for public health services, and  (3) To meet federal requirements with respect to the execution of public health services contracts between the federal government and the state.  (b) To carry out the purposes of this chapter, the department of health, with the approval of the governor, shall also have the authority to receive and expend monies from any other sources, public or private, including but not limited to legislative enactments, bond issues, gifts, devises, grants, bequests, or donations. The department of health, with the approval of the governor, is authorized to enter into any contracts necessary to obtain and expend those funds.  (c) All monies received by the state department of health from any federal agency, department, or any other source, as provided in this section, shall be paid into the state treasury and shall be for the use of the department of health. The monies so received shall be used solely for the purposes for which the grant or grants shall have been made and for no other purpose.  History of Section.P.L. 1964, ch. 16,  1; P.L. 1974, ch. 65,  1. 
 23-1-17. Additional general powers. (a) In addition to the other powers given to the director of health or the department of health by other provisions of the general laws, and in order to permit the director to properly perform the duties given to him or her by the general assembly, and to enforce the rules and regulations the director is authorized to promulgate and adopt, the director is further authorized to promulgate and adopt rules and regulations for the establishment of information collection, minimum sanitary requirements, and other duties given to the director by  23-1-1 or by any other provision of law, and to enforce those rules and regulations. The director is further authorized to issue licenses or permits, and to revoke, suspend, or annul them, to aid in the enforcement of those rules and regulations.  (b) In the event of a public health emergency, the director is authorized to grant a temporary Rhode Island healthcare provider license for a period not to exceed ninety (90) days and limited to those healthcare providers who hold an active valid license in another state. The director is authorized to promulgate and adopt rules and regulations to establish a process for this temporary emergency license.  History of Section.P.L. 1966, ch. 109,  1; P.L. 1967, ch. 61,  1; P.L. 2010, ch. 51,  1; P.L. 2010, ch. 67,  1. 
 23-1-18. Power to provide rules and regulations in specific areas. Without limiting the generality of  23-1-17, the rules and regulations relating to sanitation and health provided for by  23-1-17 may include: (1) Provisions fixing responsibilities of owners, operators, and occupants of land or buildings for the sanitary condition, maintenance, use, and occupancy of the land and buildings.  (2) Minimum standards with respect to the reporting of any disease and the quarantine of persons affected by that disease.  (3) Minimum standards and conditions for the location, construction, and sanitary quality of all drinking water supplies.  (4) Minimum standards for facilities and sanitary conditions for schools and the health care for school children.  (5) Minimum standards with respect to the maintenance and operation of food businesses.  (6) Minimum standards of air quality consistent with human health.  (7) Minimum standards consistent with human health for the quality of the waters of the state.  (8) Minimum standards consistent with human health for the quality of public drinking water.  (9) Minimum standards for immunization and testing for communicable diseases, including, but not limited to, tuberculosis, of employees, children, and students at any child daycare center, family daycare home, private nursery school, any other regular program providing educational services to preschool-aged children, public or private school, college, or university.  (10) Provisions requiring the reporting of immunization status and any other relevant information that the director determines appropriate for all persons for the purpose of establishing and maintaining an immunization registry; provided, however, that the information collected by the department for the immunization registry will only include data elements nationally endorsed by the Centers for Disease Control and Prevention to meet standards for immunization information systems, and that all personally identifiable information obtained pursuant to this section shall be subject to the provisions of chapter 37.3 of title 5 and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (HIPAA), as amended. Any person may opt out of and choose to remove his or her information from the immunization registry by contacting the department directly by phone or by submitting a form online that shall be made available on the departments website.  (11) Provisions requiring the reporting of inventories and sales of drugs, devices, and other products potentially related to the outbreak of disease. All information acquired under this subsection by the department of health is confidential and not subject to public access pursuant to chapter 2 of title 38.  History of Section.P.L. 1966, ch. 109,  1; P.L. 1967, ch. 61,  1; P.L. 1968, ch. 192,  1; P.L. 1971, ch. 42,  1; P.L. 1977, ch. 182,  8; P.L. 1977, ch. 279,  1; P.L. 1978, ch. 131,  2; P.L. 1978, ch. 229,  3; P.L. 1993, ch. 253,  2; P.L. 1993, ch. 406,  2; P.L. 2003, ch. 185,  1; P.L. 2003, ch. 189,  1; P.L. 2019, ch. 196,  1; P.L. 2019, ch. 284,  1. 
 23-1-19. Inspection and examination  Penalty for obstruction. (a) The director is authorized to enter, examine, or survey at any reasonable time those places that he or she considers necessary to carry out his or her responsibilities under this chapter or under other provisions of law.  (b) Any person who willfully impedes or obstructs an inspection, examination, or survey by the director shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than thirty (30) days, or both.  History of Section.P.L. 1966, ch. 109,  1. 
 23-1-2. Inquiries to local authorities and physicians. The director of health shall make inquiry, from time to time, of the city and town clerks and practicing physicians, in relation to the prevalence of any disease, or knowledge of any known or generally believed source of disease or causes of general ill health, and also in relation to acts for the promotion and protection of the public health, and also in relation to diseases among domestic animals in their several cities and towns; and those city and town clerks and practicing physicians shall give information, in reply to the inquiries, of those facts and circumstances that have come to their knowledge.  History of Section.G.L. 1896, ch. 96,  6; G.L. 1909, ch. 115,  6; G.L. 1923, ch. 153,  6; G.L. 1938, ch. 255,  5; G.L. 1956,  23-1-2; P.L. 1964, ch. 45,  2. 
 23-1-20. Compliance order. Whenever the director determines that there are reasonable grounds to believe that there is a violation of any law administered by him or her or of any rule or regulation adopted pursuant to authority granted to him or her, the director may give notice of the alleged violation to the person responsible for it. The notice shall be in writing, shall set forth the alleged violation, shall provide for a time within which the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the director within ten (10) days after service of the notice. The notice will be deemed properly served upon a person if a copy of the notice is served upon him or her personally, or sent by registered or certified mail to the last known address of that person, or if that person is served with notice by any other method of service now or later authorized in a civil action under the laws of this state. If no written request for a hearing is made to the director within ten (10) days of the service of notice, the notice shall automatically become a compliance order.  History of Section.P.L. 1966, ch. 109,  1. 
 23-1-21. Immediate compliance order. Whenever the director determines that there exists a violation of any law, rule, or regulation within the jurisdiction of the director which requires immediate action to protect the health, welfare, or safety of the public or any member of the public, the director may, without prior notice of violation or hearing, issue an immediate compliance order stating the existence of the violation and the action he or she deems necessary. The compliance order shall become effective immediately upon service or within the time specified by the director in the order. No request for a hearing on an immediate compliance order may be made.  History of Section.P.L. 1966, ch. 109,  1. 
 23-1-22. Hearing. If a person upon whom a notice of violation has been served under the provisions of  23-1-20 or if a person aggrieved by any notice of violation requests a hearing before the director within ten (10) days of the service of notice of violation, the director shall set a time and place for the hearing, and shall give the person requesting a hearing at least five (5) days written notice of the hearing. After the hearing, the director may make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in  23-1-20. The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in that order.  History of Section.P.L. 1966, ch. 109,  1. 
 23-1-23. Enforcement of compliance orders. Whenever a compliance order has become effective, whether automatically where no hearing has been requested, where an immediate compliance order has been issued, or upon decision following a hearing, the director may institute injunction proceedings in the superior court of the state for enforcement of the compliance order and for appropriate temporary relief, and in the proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order, except that the director shall bear the burden of proving in the proceeding the correctness of an immediate compliance order. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law.  History of Section.P.L. 1966, ch. 109,  1. 
 23-1-24. Review by supreme court. 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.  History of Section.P.L. 1966, ch. 109,  1. 
 23-1-25. Penalties. Unless another penalty is provided by the laws of this state, any person who violates any law administered by the director or any rule or regulation adopted pursuant to authority granted to the director shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than thirty (30) days, or both, and for violation of a compliance order of the director by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ninety (90) days, or both, for each offense or violation, and each days failure to comply with any such law, rule, regulation, or order shall constitute a separate offense.  History of Section.P.L. 1966, ch. 109,  1. 
 23-1-26. Adoption of regulations  Status of present regulations. Notwithstanding the provisions of chapter 35 of title 42, rules or regulations adopted by the director on or before December 31, 1966 and pursuant to authority granted to the director by law shall become effective twenty (20) days after filing those rules or regulations in the office of the secretary of state. The director shall hold a hearing on those rules and regulations, after reasonable notice, if within six (6) months of the adoption of the rules or regulations any interested person requests a hearing. At that hearing, all interested persons shall be given an opportunity to submit data, views, or arguments, orally or in writing, relative to the rules or regulations. Rules or regulations filed with the secretary of state under this section shall remain in effect notwithstanding that hearing, but following a hearing the director may file amendments to the rules or regulations as he or she deems advisable, those amendments to become effective twenty (20) days after filing. All rules and regulations of the director in effect on July 1, 1966 shall remain in full force and effect after that date unless expressly repealed by the director or by any provision of this chapter.  History of Section.P.L. 1966, ch. 109,  1. 
 23-1-27. Exemption from hearing provisions of Administrative Procedures Act. The provisions of  42-35-9 through 42-35-18 shall not apply to this chapter. History of Section.P.L. 1966, ch. 109,  1. 
 23-1-28. Definitions. The following definitions apply in the interpretation of the provisions of this chapter: (1) Director means the director of health of the state or his or her duly authorized agent.  (2) Food means:  (i) Articles used for food or drink for people or other animals;  (ii) Chewing gum; and  (iii) Articles used for components of any such article.  (3) Food business includes any establishment or place, whether fixed or mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served, transported, or sold.  (4) Person includes any individual, group of individuals, firm, corporation, association, partnership or private or public entity, including a district, county, city, town, or other governmental unit or its agent, and in the case of a corporation, any individual having active and general supervision of the properties of that corporation.  (5) Service upon a corporation under  23-1-20 and 23-1-21 is deemed to include service upon both the corporation and upon the person having active and general supervision of the properties of the corporation.  History of Section.P.L. 1966, ch. 109,  1; P.L. 1967, ch. 61,  1; P.L. 1971, ch. 42,  2. 
 23-1-29. Delegation. (a) The director may from time to time designate in writing any person in any department of the state government or any official of a district, county, city, town, or other governmental unit, with that officials consent, to enforce any rule and regulation promulgated and adopted by the director under the provisions of this chapter.  (b) For the purposes of this chapter, the building inspector of the city of Warwick is designated the duly authorized agent of the director and is vested with all the duties, powers, and authority granted to the director by  23-1-19 and is authorized to exercise them only in the enforcement of minimum standards for the operation and maintenance of refuse disposal facilities or projects situated in the city of Warwick as standards are promulgated by the director of health in accordance with the provisions of this chapter.  (c) Whenever the building inspector of the city of Warwick determines that there are reasonable grounds to believe that there is a violation of any law administered by him or her pursuant to this chapter or any rule or regulation adopted by the director, he or she may give notice of the alleged violation to the person responsible for it. The notice shall be in writing, shall set forth the alleged violation, shall provide for a time within which the alleged violation shall be remedied and shall inform the person to whom it is directed that a written request for a hearing on the violation may be filed with the director within ten (10) days after service of the notice. A copy of all notices of violations issued by the building inspector of the city of Warwick shall be forwarded immediately to the director. The notice will be deemed properly served upon a person if a copy of the notice is served upon him or her personally or sent by registered or certified mail to the last known address of that person, or if that person is served with notice by any other method of service now or later authorized in a civil action under the laws of this state. If no written request for a hearing is made to the director within ten (10) days of the service of notice, the notice shall automatically become a compliance order.  (d) Nothing contained in this section shall be deemed to divest the director of the department of health of any duties, powers, or authority contained in this section.  History of Section.P.L. 1967, ch. 61,  2; P.L. 1977, ch. 198,  1. 
 23-1-3. Maintenance of laboratories. (a) The director of health shall maintain pathological, bacteriological, and chemical laboratories and shall select in accordance with law qualified persons to conduct and supervise the pathological, bacteriological, and chemical researches made in those laboratories.  (b) The director of health is authorized to establish and modify fees by regulation for all laboratory services provided by the department of health laboratory. The fees as established by the director shall be related to the costs incurred in operating the laboratory and may include administrative, personnel, equipment, supplies, overhead, and other related costs necessary to develop and provide laboratory services. All fees collected under this section, except those fees in subsections (f) through (h) shall be deposited as general revenues.  (c) The testing program for clinical tests designated by the director in regulation shall be a covered benefit and shall be reimbursable by all health insurers, as defined in  27-38.2-2(1), providing health insurance coverage in Rhode Island except for supplemental policies which only provide coverage for specific diseases, hospital indemnity Medicare supplements, or other supplemental policies. The charges for those testing programs shall be borne by the hospitals or other licensed health care providers and facilities in the absence of a third-party payor.  (d) All funds received under chapter 16.2 of this title shall be deposited as general revenues.  (e) The provisions of  45-13-7 through 45-13-10 shall not apply to this section.  (f) In addition to any other fine, assessment, penalty or forfeiture provided by law, the traffic tribunal shall collect an assessment of one hundred dollars ($100) from each defendant who is required to attend a special course on driver retraining, except from those who are ordered to attend a special course on driving while intoxicated, described in  31-27-2, by the traffic tribunal.  (g) In addition to any other fine, assessment, penalty, or forfeiture provided by law, the court or tribunal shall collect the sum of one hundred and eighteen dollars ($118) for each drug-related charge from every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, with respect to violations of the following chapters and/or sections of the Rhode Island General Laws, which shall include but not be limited to: chapter 15 of title 7, 11-23-2, 11-23-6, 11-25-23, chapter 28 of title 21, 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.02, 21-28-4.03, 21-28-4.04, 21-28-4.05, 21-28-4.06, 21-28-4.07, 21-28-4.07.1, 21-28-4.09, 21-28-4.10, 21-28-4.11, 21-28-4.14, 21-28-4.15, 21-28-4.16, 21-28-4.17, 21-28-4.17.1, 21-28-4.19, 31-27-1.1, 31-27-2.2, 31-27-2.4, 31-27-2.6, chapter 22.2 of title 46, 46-22.2-3, 46-22.2-4, and 46-22.2-5.  (h) In addition to any other fine, assessment, penalty, or forfeiture provided by law, the court or tribunal shall collect the sum of one hundred dollars ($100) for each charge from every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, with respect to violations of the following chapters and/or sections of the Rhode Island General Laws, which shall include but not be limited to: 11-5-1, 11-5-2, 11-5-2.1, 11-5-4, 11-5-5, 11-5-6, 11-5-7, 11-5-8, 11-5-10, 11-5-10.1, 11-5-10.2, 11-5-10.3, 11-5-10.4, 11-5-11, 11-5-14, 11-5-14.1, 11-8-1, 11-8-2.1, 11-8-2.2, 11-8-2.3, 11-8-2.4, 11-8-3, 11-8-4, 11-8-9, 11-23-1, 11-23-2.1, 11-23-3, 11-25-2, 11-25-3, 11-25-4, 11-26-1, 11-26-1.4, 11-29-1, 11-37-2, 11-37-4, 11-37-6, 11-37-8.1, 11-37-8.3, and 11-39-1.  (i) All fees collected in subsections (f) through (h) shall be placed in the general fund.  History of Section.P.L. 1939, ch. 660,  181; G.L. 1956,  23-1-3; P.L. 1991, ch. 44, art. 17,  1; P.L. 1992, ch. 133, art. 94,  2; P.L. 1995, ch. 370, art. 24,  1; P.L. 1995, ch. 370, art. 40,  58; P.L. 2004, ch. 6,  10. 
 23-1-30. Repealed.
 23-1-31. Approval of construction by director. (a) No person shall construct any facility to be used for a food business, or add to, or otherwise alter an existing one, without having obtained the approval of the director of the plans and specifications for the proposed construction, addition, or alteration.  (b) A plan review fee for new establishments, and for establishments where the cost of renovation exceeds fifty percent (50%) of the value of the establishment, shall be charged. The plan review fee for these establishments shall equal the annual cost of the license/registration fee.  History of Section.P.L. 1971, ch. 42,  3; P.L. 1990, ch. 65, art. 50,  1. 
 23-1-32. Limitation on civil liability. The director of health and his or her duly authorized agents, individually and severally, and when acting in good faith and without malice, shall not be personally liable for damages because of any act undertaken in the lawful performance of official duties. Any suit or other legal action against the director and his or her duly authorized agents, because of any act performed by them, individually or severally, in the lawful performance of official duties, shall be defended at state expense until the final termination of proceedings.  History of Section.P.L. 1977, ch. 129,  1. 
 23-1-33. Dr. Charles V. Chapin Health Laboratory. The state health laboratory facility located at 50 Orms Street in Providence, Rhode Island, shall be known as the Dr. Charles V. Chapin Health Laboratory.  History of Section.P.L. 1984, ch. 98,  1. 
 23-1-34. Health promotion income. The director shall maintain an accurate and timely accounting of money received from the sale of health promotional products, services, or data created by the department of health. This money shall be deposited as general revenue.  History of Section.P.L. 1984, ch. 326,  1; P.L. 1986, ch. 287, art. 14,  1; P.L. 1995, ch. 370, art. 40,  58. 
 23-1-35. Repealed.
 23-1-36.1. [Repealed.]
 23-1-36. Directors duties regarding health education, alcohol, and substance abuse programs. The director shall establish health education, alcohol, and substance abuse programs for students in grades kindergarten through twelve (12), in accordance with  35-4-18. The director shall make an annual report to the governor and the general assembly on the administration of the program.  History of Section.P.L. 1986, ch. 412,  2; P.L. 2001, ch. 86,  2. 
 23-1-37. Repealed.
 23-1-38. HIV antibody testing  Sperm collection or donation. The director shall promulgate guidelines for the prevention of transmission of HIV, and, particularly, in those instances of sperm collection or donation where the director shall require specific testing for HIV.  History of Section.P.L. 1987, ch. 507,  1. 
 23-1-39.1. Laser pointing device. (a) For purposes of this section, laser pointing device means any hand held device that emits light amplified by the stimulated emission of radiation which is visible to the human eye.  (b) It shall be unlawful for any person to focus, point, or shine a laser beam on another person or an animal in a manner that is intended to alarm, annoy, harass, or harm the person or animal.  (c) No person, firm, corporation, or association shall sell, offer to sell, lease, give, or otherwise provide a laser pointing device to any person under eighteen (18) years of age.  (d) No person, firm, corporation, or association engaged in the sale of laser pointing devices shall display, hold, store, or offer for sale laser pointing devices unless these devices are securely contained within a sealed or locked case, or located behind a service counter, or stored in any other manner which restricts access to the laser pointing devices by customers and/or the general public.  (e) Any person who violates the provisions of subsection (b) or any person, firm, corporation, or association who violates subsection (c) of this section shall, upon a first conviction, be deemed guilty of a violation and fined not more than five hundred dollars ($500), and upon a second or subsequent conviction, shall be deemed guilty of a petty misdemeanor and fined not more than five hundred dollars ($500) and/or imprisoned for not more than six (6) months. Any person, firm, corporation, or association who violates the provisions of subsection (d) shall be fined not more than one hundred dollars ($100).  (f) This section shall not apply to members of the Rhode Island state police or to members of any city or town police department or any state or federal law enforcement officer in the performance of their official duties.  History of Section.P.L. 1999, ch. 440,  1. 
 23-1-39. Tattooing and/or body piercing. (a) The director shall promulgate rules and regulations which provide minimum requirements to be met by any person performing tattooing and/or body piercing upon any individual and for any establishment where tattooing and/or body piercing is performed. These requirements shall include, but not be limited to, general sanitation of premises wherein tattooing and/or body piercing is to be performed and sterilization of instruments. These rules and regulations shall place emphasis on the prevention of disease, specifically including, but not limited to, transmission of hepatitis B and/or human immunodeficiency virus (HIV).  (b) In addition, these rules and regulations shall establish procedures for registration with the department of health of all persons performing tattooing and/or body piercing, for registration of any establishment where tattooing and/or body piercing is performed, for regular inspections of premises where tattooing and/or body piercing is performed, for revocation of the registration of any person or establishment deemed in violation of the rules and regulations promulgated under this section. An annual registration fee in the amount as set forth in  23-1-54 shall be paid by any person or establishment registered to perform tattooing and/or body piercing under this section. All fees shall be deposited by the department as general revenues.  (c) Body piercing of a minor is prohibited; provided, however, that body piercing will be allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian gives consent to the body piercing.  History of Section.P.L. 1988, ch. 354,  1; P.L. 1989, ch. 164,  1; P.L. 1995, ch. 370, art. 40,  58; P.L. 1999, ch. 364,  1; P.L. 2001, ch. 77, art. 14,  28; P.L. 2001, ch. 86,  2; P.L. 2007, ch. 73, art. 39,  25; P.L. 2012, ch. 241, art. 9,  35. 
 23-1-4. Vital records. The department of health and director of health shall carry on the registration of vital records as provided by chapter 3 of this title and the director of health shall be ex officio state registrar of vital records.  History of Section.P.L. 1939, ch. 660,  182; G.L. 1956,  23-1-4. 
 23-1-40. Misrepresentation on menu of food or food products. (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.  History of Section.P.L. 1988, ch. 540,  1. 
 23-1-41. Rhode Island public health foundation. The Rhode Island department of health may establish a nonprofit corporation in the state for the purpose of obtaining and expediting competitive public health research, development, and innovation projects and programs funded by the federal government and private foundations. This new legal entity shall be known as the Rhode Island public health foundation.  History of Section.P.L. 1992, ch. 133, art. 25,  1. 
 23-1-42.1. Wallet license cards for healthcare professionals. 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.  History of Section.P.L. 2009, ch. 194,  1; P.L. 2009, ch. 286,  1. 
 23-1-42. Renewal of licenses, certifications and registration  Date changes. 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.  History of Section.P.L. 1992, ch. 133, art. 61,  1; P.L. 2007, ch. 30,  1; P.L. 2007, ch. 41,  1. 
 23-1-43. Minority population health promotion. The director of health shall establish a minority population health promotion program to provide health information, education, and risk reduction activities to reduce the risk of premature death from preventable disease in minority populations.  History of Section.P.L. 1992, ch. 133, art. 102,  2. 
 23-1-44. Routine childhood and adult immunization vaccines. (a) The department of health shall include in the departments immunization program those vaccines for routine childhood immunization as recommended by the Advisory Committee for Immunization Practices (ACIP) and the Academy of Pediatrics (AAP), and for routine adult immunization as recommended by the ACIP, to the extent permitted by available funds. The immunization program includes administrative and quality assurance services and the Rhode Island Child and Adult Immunization Registry (RICAIR), a confidential, computerized information system that is used to manage statewide immunizations, for all persons in Rhode Island.  (b) The director of the department of health shall appoint an advisory committee that will be convened after the ACIP makes a recommendation regarding immunization. The committee will review the ACIP recommendations for the state; assess the vaccine cost and feasibility; and advise the director of health and the office of the health insurance commissioner regarding insurers and providers acting on the ACIP immunization recommendation. All recommendations will be posted on the department of health website. The advisory committee membership shall include, but not be limited to, a primary care provider, pharmacist, representatives of the nursing home industry, the home healthcare industry and major insurers.  (c) For the purpose of protecting patients information, all personally-identifiable information obtained pursuant to this section shall be subject to the privacy protections of chapter 37.3 of title 5 and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (HIPAA), as amended.  History of Section.P.L. 1992, ch. 133, art. 8,  1; P.L. 2001, ch. 86,  2; P.L. 2006, ch. 269,  1; P.L. 2006, ch. 294,  1; P.L. 2007, ch. 320,  1; P.L. 2008, ch. 100, art. 28,  9; P.L. 2019, ch. 196,  1; P.L. 2019, ch. 284,  1. 
 23-1-45. Immunization account. (a) There is created within the general fund a restricted receipt account to be known as the childhood immunization account. All money in the account shall be utilized by the department of health to effectuate the provisions of  23-1-44 that relate to the childhood immunization program. All money received pursuant to  23-1-46 and 23-1-47 for the childhood immunization program shall be deposited in the childhood immunization account. Funding dedicated exclusively to effectuate the provisions of  23-1-44 and this subsection received by the department of health from sources other than those identified in  23-1-46 and 23-1-47 may also be deposited in the childhood immunization account. Up to 15% of the annual revenues from this account may be used to support costs associated with childhood immunization program administrative and quality assurance services and KIDSNET. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.  (b) There is created within the general fund a restricted receipt account to be known as the pandemic medications and equipment account for the purposes of funding pandemic medications and equipment. There shall be an expenditure in FY 2007 not to exceed one million dollars ($1,000,000) for pandemic influenza medications and equipment. Funding dedicated exclusively to effectuate the provisions of this subsection and received by the department of health from sources other than those identified in  23-1-45, 23-1-46 and 23-1-47 may also be deposited in the pandemic medications and equipment account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.  (c) There is created within the general fund a restricted receipt account to be known as the adult immunization account. All funds in the account shall be utilized by the department of health to effectuate the provisions of  23-1-44 that relate to the adult immunization program. All funds received for adult immunization programs pursuant to  23-1-46 and 23-1-47 shall be deposited in the adult immunization account. Funding dedicated exclusively to effectuate the provisions of this subsection and received by the department of health from sources other than those identified in  23-1-46 and 23-1-47 may also be deposited in the adult immunization account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.  History of Section.P.L. 1992, ch. 133, art. 8,  2; P.L. 2006, ch. 246, art. 31,  1; P.L. 2006, ch. 269,  1; P.L. 2006, ch. 294,  1; P.L. 2007, ch. 73, art. 10,  3; P.L. 2008, ch. 100, art. 28,  9. 
 23-1-46. Insurers. (a) Beginning January 1, 2016, a portion of the amount collected pursuant to  42-7.4-3, up to the actual amount expended or projected to be expended by the state for vaccines for children that are recommended by the Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), and/or mandated by state law, less the federal share determined by the Centers for Disease Control and Prevention, less any amount collected in excess of the prior years funding requirement as indicated in subsection (b) (the child immunization funding requirement) shall be deposited into the childhood immunization account described in  23-1-45(a). These funds shall be used solely for the purposes of the childhood immunization programs described in  23-1-44, and no other. Beginning January 1, 2016, a portion of the amount collected from the healthcare services funding method described in  42-7.4-3, up to the actual amount expended or projected to be expended by the state for adult immunizations recommended by ACIP and/or mandated by state law, less the federal share determined by the Centers for Disease Control and Prevention, less any amount collected in excess of the prior years funding requirement as indicated in subsection (b) (the adult immunization funding requirement) shall be deposited into the adult immunization account described in  23-1-45(c). These funds shall be used solely for the purposes of the adult immunization programs described in  23-1-44 and no other.  (b) The department of health shall submit to the general assembly an annual report on the immunization programs and costs related to the programs, on or before February 1 of each year.  Any funds collected in excess of funds needed to carry-out ACIP recommendations, taking into account a reasonable annual carry forward surplus, shall be deducted from the subsequent years funding requirements.  History of Section.P.L. 1992, ch. 133, art. 8,  3; P.L. 1995, ch. 210,  1; P.L. 1999, ch. 375,  1; P.L. 2000, ch. 293,  1; P.L. 2001, ch. 154,  1; P.L. 2006, ch. 269,  1; P.L. 2006, ch. 294,  1; P.L. 2007, ch. 73, art. 10,  3; P.L. 2008, ch. 475,  32; P.L. 2014, ch. 145, art. 16,  2. 
 23-1-47. Health care providers  Immunities. No health care provider, as defined in  5-37.3-3(4), acting in accordance with the provisions of this chapter, including, without limitation, any health care provider who administers any immunization vaccine pursuant to this chapter, shall be liable to any person who experiences or purports to experience adverse effects arising from the immunization or attendant procedures; provided, however, that informed consent is obtained. Nothing in this chapter shall exempt from liability for gross negligence any individual or public or private agency participating in an authorized mass immunization project, nor shall the provisions of this chapter exempt any drug manufacturer from any liability, regardless of the degree of negligence for any drug or vaccine used in the projects.  History of Section.P.L. 1992, ch. 133, art. 8,  4; P.L. 2001, ch. 86,  2. 
 23-1-48. Reimbursement for medical record copies. (a) The director shall promulgate rules and regulations that establish reasonable charges for expenses incurred in responding to requests for copies of medical records by physicians pursuant to  5-37-22(c) and (d), and by any healthcare provider as defined in  5-37.3-3 (healthcare provider). The director may utilize data provided by the Rhode Island health information management association or other similar local professional organization in his or her determination as to the amount of the charges permitted by this section.  (b) A patient or a patients authorized representative, as defined in  5-37.3-3 (patient or authorized representative), or a third-party requestor, also as defined in  5-37.3-3 (third-party requestor), shall have the right to request a patients medical records.  (c) If the healthcare provider utilizes patients medical records, an electronic health records system, or database:  (1) Any patient or any patients authorized representative or any third-party requestor shall have a right to obtain from any healthcare provider a copy of the patients records in an electronic format;  (2) Notwithstanding the provisions of subsection (a) of this section, the charges for responding to requests for copies of medical records in electronic format shall not exceed a fee for clerical services, research, and handling of twenty-five dollars ($25.00), inclusive of shipping costs and the costs of data retrieval and/or the data storage device used to transport the medical records. Provided, however, that fifty cents ($.50) per page for the first one hundred (100) pages and twenty-five cents ($.25) per page for all pages thereafter may be charged. In no event shall the charge for pages exceed one hundred dollars ($100).  (d) If the healthcare provider does not utilize an electronic health records system or database, the charges for responding to requests for copies of medical records shall not exceed a fee for clerical services, research, and handling of twenty-five dollars ($25.00), inclusive of retrieval costs, plus actual shipping costs; provided, however, that fifty cents ($.50) per page for the first one hundred (100) pages and twenty-five cents ($.25) per page for all pages thereafter may be charged. In addition, the requestor shall pay for the actual shipping costs incurred.  (e) Copies of X-rays or films not reproducible by photocopy shall be provided at the healthcare providers actual cost for materials and supplies. In addition, the requestor shall pay reasonable fees for clerical services, research, and handling, not to exceed twenty-five dollars ($25.00), plus actual shipping costs incurred.  (f) A special handling fee of ten dollars ($10.00) may be charged if the records must be delivered to the patient or authorized representative or third-party requestor within forty-eight (48) hours of the request.  History of Section.P.L. 1996, ch. 93,  2; P.L. 2017, ch. 120,  1; P.L. 2017, ch. 140,  1. 
 23-1-49. Registry of persons with head injuries and/or spinal cord injuries. (a) The state department of health is authorized, empowered, and directed to establish and maintain a central registry of persons suffering from acquired traumatic brain and/or spinal cord injuries.  (b) The state director of health shall require the reporting of all newly diagnosed traumatic brain and/or spinal cord injuries and the submission of any specified additional information on reported injuries that she or he deems necessary and appropriate for the recognition, prevention, or control of those injuries.  (c) The central traumatic brain and spinal cord injury registry shall maintain comprehensive records of all reports submitted pursuant to this section. These reports shall be confidential in accordance with chapter 37.3 of title 5 and subject to the restrictions on release incorporated in that chapter.  (d) The state department of health shall make rules and regulations that are necessary to implement the provisions of this section pursuant to chapter 35 of title 42.  History of Section.P.L. 1996, ch. 160,  1. 
 23-1-5.1. Laboratory testing services. (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.  History of Section.P.L. 1987, ch. 538,  1; P.L. 1989, ch. 47,  1; P.L. 1995, ch. 370, art. 40,  58; P.L. 2002, ch. 161,  1; P.L. 2002, ch. 162,  1. 
 23-1-5.2. Office of private well water contamination. There is created the office of private well water contamination within the department of health.  History of Section.P.L. 1988, ch. 634,  1. 
 23-1-5.3. Duties of the office of private well water contamination. The office of private well water contamination shall: (1) Coordinate the response of all state agencies to instances of private well water contamination;  (2) Inform public officials of private well contamination events occurring within their jurisdictions and advise them of any actions proposed by the department of health or other state agencies;  (3) Advise private well owners, public officials and others on applicable federal and state policies, regulations, and standards relative to private well water contamination;  (4) Develop educational materials describing drinking water quality standards for private wells, private well testing requirements, groundwater contamination and existing programs and procedures for its abatement and prevention;  (5) Develop regulations establishing procedures for providing emergency response to private well water contamination including the provision of bottled water and/or water filters where appropriate;  (6) Develop and promulgate any rules and regulations that are necessary to establish drinking water quality standards for private wells, and shall be subject to the Administrative Procedures Act, chapter 35 of title 42. As a minimum, these rules and regulations shall:  (i) Specifically identify all contaminants to be tested, as well as the acceptable level for each contaminant;  (ii) Require testing for coliform bacteria, fluoride, iron, lead, manganese, nitrate, nitrite and turbidity of all new private wells prior to being placed into service as a source of drinking water;  (iii) Require testing for coliform bacteria, fluoride, iron, lead, manganese, nitrate, nitrite and turbidity of all private wells currently in service, or capable of being placed in service, as a source of drinking water, prior to sale of a property upon which they are located or serviced;  (iv) Require the property owner to disclose the results of any previous well water testing prior to sale or lease of a property upon which the well(s) are located or serviced;  (v) Establish minimum qualifications for professionals engaged in sampling private water wells and preparing opinions relating to the quality of the water;  (vi) Establish requirements and procedures for reporting the results of all private well testing to the director of health and municipal building officials;  (vii) Establish specific guidance for municipal building officials as to what constitutes potable water for a private well, and contaminant levels which constitute a public health concern with regard to the issuance of a certificate of occupancy and recommendations for further testing beyond that required in paragraphs (ii) and (iii) of this subdivision; and  (7) Establish and maintain a database showing known areas where there are contaminants of concern to public health and make these results available to the public through the website of the department of health.  History of Section.P.L. 1988, ch. 634,  1; P.L. 2002, ch. 161,  1; P.L. 2002, ch. 162,  1. 
 23-1-5.4. Access to information. (a) The office of private well water contamination shall have access to the following information:  (1) The names of all persons who have registered complaints concerning private well water contamination and all information concerning their complaints; and  (2) All current records in the department of health and the department of environmental management pertaining to private well water contamination.  (b) The office of private well water contamination shall have the authority to use this information in whatever ways are necessary to carry out the duties enumerated in  23-1-5.3.  (c) The department of environmental management, the department of health, and all other state agencies shall assist the office of private well water contamination in the performance of these duties.  History of Section.P.L. 1988, ch. 634,  1. 
 23-1-5.5. Annual report. The department of health shall prepare and issue an annual report on the status of private well water contamination in the state. The report shall be submitted to the governor and the general assembly by January 15th of each year and shall be made available to the public.  History of Section.P.L. 1988, ch. 634,  1. 
 23-1-5.6. Repealed.
 23-1-5.7. Well water purification licensing. (a) The director of the department of health shall promulgate rules and regulations for the licensing of well water purification companies. The rules shall include minimum qualifications for testing and analysis of wells and shall set forth comprehensive criteria for the distribution of chemicals used in the treatment of drinking water and potable well water. Upon promulgation of the rules, no person, firm, partnership, or other business association shall engage in the business of well water purification without first obtaining a license from the director of health. The director may revoke the license for just cause. The director may charge an appropriate license or registration fee to cover administrative costs.  (b) The licensing provisions of this section shall not apply to state employees carrying out official business of the state. The regulations issued under this section shall not apply to the design, installation, and operation of recovery wells utilized to treat contaminated groundwater provided that this activity is authorized by the department of environmental management and that the wells are not used for drinking water purposes.  History of Section.P.L. 1991, ch. 220,  1. 
 23-1-5. Enforcement of sanitary laws. The department of health and director of health shall enforce the provisions of all general laws and public laws relating to the sanitary inspection of swimming pools, bathing beaches, camp grounds, barber shops, hairdressing parlors, and any other premises and properties the inspection of which may be conferred upon the department of health. The sanitary inspection of barber shops shall be made by registered barbers and the director of health shall employ at least one registered barber for this purpose who shall enforce rules and regulations as prescribed under chapter 10 of title 5. The department and director shall enforce the provisions of chapter 27 of title 21 insofar as they relate to the inspection of bakeries and other establishments and shall perform the functions relating to child hygiene, food and drugs, the purification of waters, slaughterhouses, and narcotic drugs and pharmacies.  History of Section.P.L. 1939, ch. 660,  183; G.L. 1956,  23-1-5; P.L. 1996, ch. 100, art. 37,  1. 
 23-1-50. Public Records  Exemption  Requirements. (a) The department of health shall deem all application filings for certification, re-certification, and material modification, and correspondence directly related to those application filings, submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27, to be public records as defined in  38-2-2(4). Entities or agents certified under one or more of these statutes may request that certain portions of their application filings, or correspondence directly related to their application filings, be regarded as exempt from public disclosure, but may do so only by claiming one or more of the specific grounds delineated in  38-2-2(4).  (b) For each document or for each portion of a document requested to be exempt from public disclosure, the certified entity or agent must specify the specific exemption claimed and the rationale for the exemption. Each specific exemption and the rationale for it shall themselves be public documents. The department shall determine which of the documents, or parts of the documents, for which an exemption is sought shall be public records and which shall be exempt from the disclosure required by chapter 2 of title 38.  (c) Each application filing for certification, re-certification, or material modification submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27, and for which an exemption is sought, shall be made in three (3) parts:  (1) Part One shall be a complete application filing with no materials to be deleted. This part shall be for the official use of the department as appropriate.  (2) Part Two shall be a complete application filing, except that it shall not include those parts of the application filing which the filing party has claimed and the department determined to be exempt from the disclosure required by chapter 2 of title 38.  (3) Part Three of the application filing shall include those items and information requested to be excluded from the disclosure required by chapter 2 of title 38 with a delineation of the specific exemption and criteria claimed under  38-2-2(4) and the application filings rationale for each specific exemption claimed.  (d) All application filings for certification, re-certification, or material modification submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27 that are not made consistent with the three (3) part form described in subsection (c) shall, except as otherwise prohibited by state or federal law, be deemed public records under the provisions of chapter 2 of title 38.  History of Section.P.L. 1999, ch. 111,  1. 
 23-1-51. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 2001, ch. 86,  65. 
 23-1-52. Adult daycare program licensure. (a) The director is authorized and directed to establish a program for the licensure of adult daycare programs. Adult daycare program shall mean a comprehensive, nonresidential program designed to address the biological, psychological, and social needs of adults through individual plans of care that incorporate, as needed, a variety of health, social, and related support services in a protective setting. The director is further authorized to promulgate regulations as he or she deems necessary to implement these provisions.  (b) Any person seeking employment in any adult daycare facility licensed herein and having routine contact with an adult daycare client, or having access to such a clients belongings or funds, shall undergo a national criminal records check that shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department of attorney general. The national criminal records check shall be processed prior to, or within one week of, employment. All persons who, as of September 30, 2014, are already employed by an adult daycare facility and all persons who, as of such date, already provide services under this section shall be exempted from the requirements of this section for purposes of their current employment only.  (1) The director may, by rule, identify those positions requiring national criminal records checks. The employee, through the employer, shall apply to the bureau of criminal identification of the department of attorney general for a national criminal records check. Upon the discovery of any disqualifying information as defined in  23-1-52(c), and in accordance with rules promulgated by the director, the bureau of criminal identification of the department of attorney general shall inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, shall notify the employer, in writing, that disqualifying information has been discovered.  (2) An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer. The employer shall make a judgment regarding the continued employment of the employee.  (3) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the department of attorney general shall inform the applicant and the employer, in writing, of this fact.  (4) The employer shall maintain on file, subject to inspection by the department of health, evidence that statewide criminal records checks have been initiated on all employees seeking employment between January 1, 2008, and September 30, 2014, and the results of the checks. The employer shall maintain on file, subject to inspection by the department, evidence that national criminal records checks have been initiated on all employees seeking employment on or after October 1, 2014, and the results of those checks. Failure to maintain that evidence may be grounds to revoke the license or registration of the employer.  (5) The employee shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of attorney general.  (c) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crimes against nature), felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny, or felony banking law violations, or a crime under section 1128(a) of the Social Security Act (42 U.S.C.  1320a-7(a)). An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee. For purposes of this subsection, conviction means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.  History of Section.P.L. 2007, ch. 73, art. 24,  2; P.L. 2014, ch. 347,  2; P.L. 2014, ch. 399,  2. 
 23-1-53. Cost of legal fees. (a) The director is hereby authorized and may in his or her discretion recover the reasonable cost of legal services provided to the department of health by attorneys of the office of legal counsel or attorneys under contract to perform attorney functions and activities for the department of health pursuant to chapters 15 and 17.14 of this title and  23-17-14.3 and 23-17-14.4. Nothing in this section shall limit the power of the director to retain legal counsel and to recover the costs of such legal counsel pursuant to other provisions of the general laws.  (b) There is created within the general fund a restricted receipt account to be known as the health systems reimbursement account. All funds deposited in the account shall be utilized by the department of health to implement the provisions of this section incurred by the department pursuant to chapters 15 and 17.14 of this title and  23-17-14.3 and 23-17-14.4. All funds received for the department pursuant to this section shall be deposited in the health system reimbursement account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.  History of Section.P.L. 2009, ch. 68, art. 14,  1. 
 23-1-54. Fees payable to the department of health. Fees payable to the department shall be as follows:        PROFESSION RIGL Section Description of Fee FEE     Barbers/hairdressers 5-10-10(a) Renewal application $25.00   Barbers/hairdressers 5-10-10(a) Renewal application:     Manicuring   Instructors and mani- $25.00       curists     Barbers/hairdressers 5-10-10(b) Minimum late renewal $25.00       fee     Barbers/hairdressers 5-10-10(b) Maximum late renewal $100.00       fee     Barbers/hairdressers 5-10-11[c] Application fee $25.00   Barbers/hairdressers 5-10-11[c] Application fee: mani-         curing         Instructors and mani- $25.00       curists     Barbers/hairdressers 5-10-13 Demonstrators permit $90.00   Barbers/hairdressers 5-10-15 Shop license: initial $170.00   Barbers/hairdressers 5-10-15 Shop license: renewal $170.00   Veterinarians 5-25-10 Application fee $40.00   Veterinarians 5-25-11 Examination fee $540.00   Veterinarians 5-25-12(a) Renewal fee $580.00   Veterinarians 5-25-12[c] Late renewal fee $120.00   Podiatrists 5-29-7 Application fee $240.00   Podiatrists 5-29-11 Renewal fee: minimum $240.00   Podiatrists 5-29-11 Renewal fee: maximum $540.00   Podiatrists 5-29-13 Limited registration $65.00   Podiatrists 5-29-14 Limited registration:         Academic faculty $240.00   Podiatrists 5-29-14 Application fee:         Renewal minimum $240.00   Podiatrists 5-29-14 Application fee:         Renewal maximum $440.00   Chiropractors 5-30-6 Examination fee: $210.00   Chiropractors 5-30-7 Examination exemp- $210.00       tion fee:     Chiropractors 5-30-8(b) Exam Physiotherapy $210.00   Chiropractors 5-30-8(b) Exam chiro and  $210.00       physiotherapy     Chiropractors 5-30-12 Renewal fee $210.00   Dentists/dental hygien- 5-31.1-6(d) Dentist: application fee $965.00   ists         Dentists/dental hygien- 5-31.1-6(d) Dental hygienist:      ists   application fee $65.00   Dentists/dental hygien- 5-31.1-6(d) Reexamination: dentist $965.00   ists         Dentists/dental hygien- 5-31.1-6(d) Reexamination:      ists   hygienist $65.00   Dentists/dental hygien- 5-31.1-21(b) Reinstatement fee  $90.00   ists   dentist     Dentists/dental hygien- 5-31.1-21(b) Reinstatement fee  $90.00   ists   hygienist     Dentists/dental hygien- 5-31.1-21(c) Inactive status: dentist $220.00   ists         Dentists/dental hygien- 5-31.1-21(c) Inactive status:      ists   hygienist $40.00   Dentists/dental hygien- 5-31.1-22 Limited registration $65.00   ists         Dentists/dental hygien- 5-31.1-23[c] Limited reg:     ists             Academic faculty $965.00   Dentists/dental hygien- 5-31.1-23[c] Limited reg:     ists             Academic faculty $500.00       renewal     Electrolysis 5-32-3 Application fee $25.00   Electrolysis 5-32-6(b) Renewal fee $25.00   Electrolysis 5-32-7 Reciprocal license fee $25.00   Electrolysis 5-32-17 Teaching license $25.00   Funeral directors/em- 5-33.2-12 Funeral establishment $120.00   balmers   license     Funeral services estab-         lishments         Funeral directors/em- 5-33.2-15 Renewal: funeral/direc- $90.00   balmers   tor     Funeral services estab-   embalmer $30.00   lishments         Funeral directors/em- 5-33.2-12 Funeral branch ofc  $90.00   balmers   license     Funeral directors/em- 5-33.2-13.1 Crematories: applica- $120.00   balmers   tion fee     Funeral services estab-         lishments         Funeral directors/em- 5-33.2-15 Renewal: funeral/direc-     balmers   tor     Funeral Svcs establish-   establishment $120.00   ments         Funeral directors/em- 5-33.2-15 Additional branch      balmers   office     Funeral services Estab-   licenses $120.00   lishments         Funeral directors/em- 5-33.2-15 Crematory renewal fee     balmers         Funeral svcs establish-     $120.00   ments         Funeral directors/em- 5-33.2-15 Late renewal fee     balmers         Funeral svcs establish-   (All license types) $25.00   ments         Funeral directors/em- 5-33.2-16(a) Intern registration fee     balmers         Funeral Services estab-     $25.00   lishments         Nurses 5-34-12 RN Application fee $135.00   Nurses 5-34-16 LPN Application fee $45.00   Nurses 5-34-19 Renewal fee: RN $135.00   Nurses 5-34-19 Renewal fee: LPN $45.00   Nurses 5-34-37 RNP application fee $80.00   Nurses 5-34-37 RNP renewal fee $80.00   Nurses 5-34-37 RNP prescriptive privi- $65.00       leges     Nurses 5-34-40.3 Clin nurse spec appli- $80.00       cation     Nurses 5-34-40.3 Clin nurse spec  $80.00       renewal     Nurses 5-34-40.3 Clin nurse spec Rx $65.00       privilege     Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00   Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00   Optometrists 5-35.1-4 Application fee $280.00   Optometrists 5-35.1-7 Renewal fee $280.00   Optometrists 5-35.1-7 Late fee $90.00   Optometrists 5-35.1-7 Reactivation of license $65.00       fee     Optometrists 5-35.1-19(b) Violations of section $650.00   Optometrists 5-35.1-20 Violations of chapter $260.00   Opticians 5-35.2-3 Application fee $30.00   Physicians 5-37-2 Application fee $1,090.00   Physicians 5-37-2 Re-examination fee $1,090.00   Physicians 5-37-10(b) Late renewal fee $170.00   Physicians 5-37-16 Limited registration $65.00       fee     Physicians 5-37-16.1 Ltd reg: academic  $600.00       faculty     Physicians 5-37-16.1 Ltd reg: academic         Faculty renewal $170.00   Acupuncture 5-37.2-10 Application fee $310.00   Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00       Licensure fee $170.00   Social workers 5-39.1-9 Application fee $70.00   Social workers 5-39.1-9 Renewal fee $70.00   Physical therapists 5-40-8 Application fee $155.00   Physical therapists 5-40-8.1 Application: physical $50.00       therapy assistants     Physical therapists 5-40-10(a) Renewal fee:         Physical therapists $155.00   Physical therapists 5-40-10(a) Renewal fee: Physical         therapy         assistants $50.00   Physical therapists 5-40-10[c] Late renewals $50.00   Occupational thera- 5-40.1-12(2) Renewal fee $140.00   pists         Occupational thera- 5-40.1-12(5) Late renewal fee $50.00   pists         Occupational thera- 5-40.1-12(b) Reactivation fee $140.00   pists         Occupational thera- 5-40.1-13 Application fee $140.00   pists         Psychologists 5-44-12 Application fee $230.00   Psychologists 5-44-13 Temporary permit $120.00   Psychologists 5-44-15[c] Renewal fee $230.00   Psychologists 5-44-15(e) Late renewal fee $50.00   Nursing home adminis- 5-45-10 Renewal fee $160.00   trators         Speech pathologist/au- 5-48-1(14) Speech lang support     diologists   personnel:         late filing $90.00   Speech pathologist/au- 5-48-9(a) Application fee: Audiol- $65.00   diologists   ogist     Speech pathologist/au- 5-48-9(a) Application fee:     diologists             Speech Pathologist $145.00   Speech pathologist/au- 5-48-9(a) Renewal fee: Audiolo- $65.00   diologists   gist     Speech pathologist/au- 5-48-9(a) Renewal fee: Speech $145.00   diologists   Pathologist     Speech pathologist/au- 5-48-9(a) Provisional license:      diologists   renewal fee $65.00   Speech pathologist/au- 5-48-9(b) Late renewal fee $50.00   diologists         Speech pathologist/au- 5-48-9(d)(1) Reinstatement fee:      diologists   audiologist $65.00   Speech pathologist/au- 5-48-9(d)(1) Reinstatement fee:      diologists   audiologist $65.00       speech pathologists $145.00       personnel: late filing $65.00   Hearing aid dealers/ 5-49-6(a) License endorsement     fitters             Examination fee $25.00   Hearing aid dealers/ 5-49-8(b) Temporary permit fee $25.00   fitters         Hearing aid dealers/ 5-49-8(d) Temporary permit  $35.00   fitters   renewal fee     Hearing aid dealers/ 5-49-11(a)(1) License fee $25.00   fitters         Hearing aid dealers/ 5-49-11(b) License renewal fee $25.00   fitters         Hearing aid dealers/ 5-49-11[c] License renewal late $25.00   fitters   fee     Physician assistants 5-54-9(4) Application fee $110.00   Physician assistants 5-54-11(b) Renewal fee $110.00   Orthotics/prosthetic 5-59.1-5 Application fee $120.00   practice         Orthotics/prosthetic 5-59.1-12 Renewal fee $120.00   practice         Athletic trainers 5-60-11 Application fee $60.00   Athletic trainers 5-60-11 Renewal fee $60.00   Athletic trainers 5-60-11 Late renewal fee $25.00   Mental health counsel- 5-63.2-16 Application fee: Mar-     ors/   riage/     Marriage and family   Family therapist $130.00   therapists         Mental health counsel- 5-63.2-16 Application fee: Mental     ors/         Marriage and family   Health counselors $70.00   therapists         Mental health counsel- 5-63.2-16 Reexamination fee:     ors/         Marriage and family   Marriage/family thera- $130.00   therapists   pist     Mental health counsel- 5-63.2-16 Reexamination fee:     ors/         Marriage and family   Mental health counsel- $70.00   therapists   ors     Mental health counsel- 5-63.2-17(a) Renewal fee: Marriage/     ors/         Marriage and Family   Family therapist $130.00   therapists         Mental health counsel- 5-63.2-17(a) Renewal fee:     ors/         Marriage and Family   Mental health coun- $50.00   therapist   selor     Mental health counsel- 5-63.2-17(b) Late renewal fee:     ors/         Marriage and Family   Marriage and family $90.00   therapist   therapist     Dieticians/nutritionists 5-64-6(b) Application fee $75.00   Dieticians/nutritionists 5-64-7 Graduate status:         Application fee: $75.00   Dieticians/nutritionists 5-64-8 Renewal fee $75.00   Dieticians/nutritionists 5-64-8 Reinstatement fee $75.00   Radiologic technolo- 5-68.1-10 Application fee maxi- $190.00   gists   mum     Licensed chemical de- 5-69-9 Application fee $75.00   pendency professionals         Licensed chemical de- 5-69-9 Renewal fee $75.00   pendency professionals         Licensed chemical 5-69-9 Application fee $75.00   Licensed chemical 5-69-9 Application fee $75.00   dependency clinical su-         pervisor         Licensed chemical 5-69-9 Renewal fee $75.00   dependency clinical su-         pervisor         Deaf interpreters 5-71-8(a)(3) License fee maximum $25.00   Deaf interpreters 5-71-8(a)(3) License renewal fee $25.00   Milk producers 21-2-7(g)(1) In-state milk processor $160.00   Milk producers 21-2-7(g)(2) Out-of-state milk pro- $160.00       cessor     Milk producers 21-2-7(g)(3) Milk distributors $160.00   Frozen desserts 21-9-3(1) In-state wholesale $550.00   Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00   Frozen desserts 21-9-3(3) Retail frozen dess pro- $160.00       cessors     Meats 21-11-4 Wholesale $160.00   Meats 21-11-4 Retail $40.00   Shellfish packing 21-14-2 License fee:     houses             Shipper/reshipper $320.00   Shellfish packing 21-14-2 License fee:     houses             Shucker packer/ $390.00       repacker     Non-alcoholic bottled 21-23-2 Bottler permit     beverages, drinks &     $550.00   juices         Non-alcoholic bottled 21-23-2 Bottle apple cider fee     beverages, drinks and     $60.00   juices         Farm home food manu- 21-27-6.1(4) Registration fee $65.00   facturers         Cottage Food Manu- 21-27-6.2(4) Registration fee $65.00   facturers         Food businesses 21-27-10(e)(1) Food processors whole- $300.00       sale     Food businesses 21-27-10(e)(2) Food processors retail $120.00   Food businesses 21-27-10(e)(3) Food service establish-         ments         50 seats or less $160.00   Food businesses 21-27-10(e)(3) Food service establish-         ments         more than 50 seats $240.00   Food businesses 21-27-10(e)(3) Mobile food service $100.00       units     Food businesses 21-27-10(e)(3) Industrial caterer or         food vending         Machine commissary $280.00   Food businesses 21-27-10(e)(3) Cultural heritage          educational         Facility $80.00   Food businesses 21-27-10(e)(4) Vending Machine         Location         3 units or less $50.00   Food businesses 21-27-10(e)(4) Vending Machine         Location 4-10 units $100.00   Food businesses 21-27-10(e)(4) Vending Machine         Location = 11 units $120.00   Food businesses 21-27-10(e)(5) Retail Mkt         1-2 cash registers $120.00   Food businesses 21-27-10(e)(5) Retail Market         3-5 cash registers $240.00   Food businesses 21-27-10(e)(5) Retail Market = 6         Cash registers $510.00   Food businesses 21-27-10(e)(6) Retail food peddler $100.00   Food businesses 21-27-10(e)(7) Food warehouses $190.00   Food businesses 21-27-11.2 Certified food safety $50.00       mgr     License verification fee 23-1-16.1 All license types $50.00   Tattoo and body pierc- 23-1-39 Annual registration     ing   fee:         Person $90.00   Tattoo and body pierc- 23-1-39 Annual registration     ing   fee:         establishment $90.00   Vital records 23-3-25(a)(1) Certificate of birth,          fetal death,         death, marriage, birth,         or         Certification that such         record         Cannot be found $20.00   Vital records 23-3-25(a)(1) Each duplicate of          certificate         of birth, fetal death,         death, marriage,         birth, or certification         that such record         cannot be found $15.00   Vital records 23-3-25(a)(2) Each additional          calendar year         Search, if within 3         months of         original search and if         receipt of original         search presented $2.00   Vital records 23-3-25(a)(3) Expedited service $7.00   Vital records 23-3-25(a)(4) Adoptions, legitima-         tions, or         Paternity determina- $15.00       tions     Vital records 23-3-25(a)(5) Authorized corrections,         Alterations, and addi- $10.00       tions     Vital records 23-3-25(a)(6) Filing of delayed record         and         Examination of docu-         mentary         Proof $20.00   Vital records 23-3-25(a)(6) Issuance of certified         copy         of a delayed record $20.00   Medical Examiner 23-4-13 Autopsy reports $40.00   Medical Examiner 23-4-13 Cremation certificates         and statistics $30.00   Medical Examiner 23-4-13 Testimony in civil         suits:         Minimum/day $650.00   Medical Examiner 23-4-13 Testimony in civil         suits:         Maximum/day $3,250.00   Emergency medical 23-4.1-10[c] Annual fee: ambulance     technicians             service maximum $540.00   Emergency medical 23-4.1-10[c] Annual fee: vehicle      technicians   license         maximum $275.00   Emergency medical 23-4.1-10[c] Triennial fee: EMT      technicians   license         maximum $120.00   Emergency medical 23-4.1-10(c)(2) Exam fee maximum: $120.00   technicians   EMT     Emergency medical 23-4.1-10(c)(2) Vehicle inspection     technicians             Maximum $190.00   Clinical laboratories 23-16.2-4(a) Clinical laboratory          license         per specialty $650.00   Clinical laboratories 23-16.2-4(a) Laboratory station  $650.00       license     Clinical laboratories 23-16.2-4(b) Permit fee $70.00   Health care facilities 23-17-38 Hospital: base fee  $16,900.00       annual     Health care facilities 23-17-38 Hospital: annual per $120.00       bed fee     Health care facilities 23-17-38 ESRD: annual fee $3,900.00   Health care facilities 23-17-38 Home nursing-care/         home-         care providers $650.00   Health care facilities 23-17-38 OACF: annual fee $650.00   Assisted living resi- 23-17.4-15.2(d) License application fee: $220.00   dences/         administrators         Assisted living resi- 23-17.4-15.2(d) License renewal fee: $220.00   dences/         administrators         Assisted living resi- 23-17.4-31 Annual facility fee: base $330.00   dences         Assisted living resi- 23-17.4-31 Annual facility per bed $70.00   dences         Nursing assistant reg- 23-17.9-3 Application:      istration   competency         evaluation training         program maximum $325.00   Nursing assistant reg- 23-17.9-5 Application fee $35.00   istration         Nursing assistant reg- 23-17.9-5 Exam fee: skills profi- $170.00   istration   ciency     Nursing assistant reg- 23-17.9-6 Registration fee $35.00   istration         Nursing assistant reg- 23-17.9-7 Renewal fee $35.00   istration         Sanitarians 23-19.3-5(a) Registration fee $25.00   Sanitarians 23-19.3-5(b) Registration renewal $25.00   Massage therapy 23-20.8-3(e) Massage therapist appl $65.00       fee     Massage therapy 23-20.8-3(e) Massage therapist  $65.00       renewal fee     Recreational facilities 23-21-2 Application fee $160.00   Swimming pools 23-22-6 Application license:         first pool $250.00   Swimming pools 23-22-6 Additional pool         fee at same location $75.00   Swimming pools 23-22-6 Seasonal application         license:         first pool $150.00   Swimming pools 23-22-6 Seasonal additional         pool         fee at same location $75.00   Swimming pools 23-22-6 Year-round license         for non-profit $25.00   Swimming pools 23-22-10 Duplicate license $2.00   Swimming pools 23-22-12 Penalty for violations $50.00   Respiratory care prac- 23-39-11 Application fee $60.00   titioners         Respiratory care prac- 23-39-11 Renewal fee $60.00   titioners          History of Section.P.L. 2012, ch. 241, art. 9,  49; P.L. 2018, ch. 47, art. 7,  7; P.L. 2022, ch. 231, art. 9,  3, effective June 27, 2022. 
 23-1-55. Electronic nicotine delivery system distributor, and dealer licenses required  Definitions. Definitions. Whenever used in  23-1-56 to 23-1-58, unless the context requires otherwise:  (1) Dealer means any person, whether located within or outside of this state, who sells or distributes electronic nicotine-delivery system products to a consumer in this state;  (2) Distributor means any person:  (i) Whether located within or outside of this state, other than a dealer, who sells or distributes electronic nicotine-delivery system products within or into this state. Such term shall not include any electronic nicotine-delivery system products manufacturer, export warehouse proprietor, or importer with a valid permit, if such person sells or distributes electronic nicotine-delivery system products in this state only to licensed distributors or to an export warehouse proprietor or another manufacturer with a valid permit;  (ii) Selling electronic nicotine-delivery system products directly to consumers in this state by means of at least twenty-five (25) electronic nicotine-delivery system product vending machines;  (iii) Engaged in this state in the business of manufacturing electronic nicotine-delivery system products or any person engaged in the business of selling electronic nicotine-delivery system products to dealers, or to other persons, for the purpose of resale only; provided that seventy-five percent (75%) of all electronic nicotine-delivery system products sold by that person in this state are sold to dealers or other persons for resale and selling electronic nicotine-delivery system products directly to at least forty (40) dealers or other persons for resale; or  (iv) Maintaining one or more regular places of business in this state for that purpose; provided, that seventy-five percent (75%) of the sold electronic nicotine-delivery system products are purchased directly from the manufacturer and selling electronic nicotine-delivery system products directly to at least forty (40) dealers or other persons for resale;  (3) Electronic nicotine-delivery system means the products as defined in  11-9-13.4(6).  History of Section.P.L. 2014, ch. 182,  2; P.L. 2014, ch. 223,  2. 
 23-1-56. License. (a) Each person engaging in the business of selling electronic nicotine-delivery system products in the state, including any distributor or dealer, shall secure a license annually from the department before engaging in that business or continuing to engage in it. A separate application and license is required for each place of business operated by a distributor or dealer. If the applicant for a license does not have a place of business in this state, the license shall be issued for such applicants principal place of business, wherever located. A licensee shall notify the department within thirty (30) days in the event that it changes its principal place of business. A separate license is required for each class of business if the applicant is engaged in more than one of the activities required to be licensed by this section. No person shall maintain or operate, or cause to be operated, a vending machine for electronic nicotine-delivery systems without procuring a dealers license for each machine.  (b) The director shall have authority to set a reasonable fee not to exceed twenty-five dollars ($25.00) for the issuance of the license.  (c) Each issued license shall be prominently displayed on the premises, if any, covered by the license.  (d) The director shall create and maintain a website setting forth the identity of all licensed persons under this section, itemized by type of license possessed, and shall update the site no less frequently than six (6) times per year.  (e) A manufacturer or importer may sell or distribute electronic nicotine-delivery systems to a person located or doing business within the state only if such person is a licensed distributor. An importer may obtain electronic nicotine-delivery systems only from a licensed manufacturer. A distributor may sell or distribute electronic nicotine-delivery systems to a person located or doing business within this state only if such person is a licensed distributor or dealer. A distributor may obtain electronic nicotine-delivery systems only from a licensed manufacturer, importer, or distributor. A dealer may obtain electronic nicotine-delivery systems only from a licensed distributor.  (f)(1) No license under this chapter may be granted, maintained, or renewed if the applicant, or any combination of persons owning directly or indirectly any interests in the applicant:  (i) Is delinquent in any tax filings for one month or more; or  (ii) Had a license under this chapter revoked within the past two (2) years.  (2) No person shall apply for a new license, or renewal of a license and no license shall be issued or renewed for any person, unless all outstanding fines, fees, or other charges relating to any license held by that person have been paid.  (3) No license shall be issued relating to a business at any specific location until all prior licenses relating to that location have been officially terminated and all fines, fees, or charges relating to the prior licenses have been paid or otherwise resolved or if the director has found that the person applying for the new license is not acting as an agent for the prior licensee who is subject to any such related fines, fees, or charges that are still due. Evidence of such agency status includes, but is not limited to, a direct familial relationship and/or employment, contractual, or other formal financial or business relationship with the prior licensee.  (4) No person shall apply for a new license pertaining to a specific location in order to evade payment of any fines, fees, or other charges relating to a prior license for that location.  (5) No new license shall be issued for a business at a specific location for which a license has already issued unless there is a bona fide, good-faith change in ownership of the business at that location.  (6) No license or permit shall be issued, renewed or maintained for any person, including the owners of the business being licensed, who has been convicted of violating any criminal law relating to tobacco products and/or electronic nicotine-delivery system products, the payment of taxes, or fraud, or has been ordered to pay civil fines of more than twenty-five thousand dollars ($25,000) for violations of any civil law relating to tobacco products and/or electronic nicotine-delivery system products, the payment of taxes, or fraud.  History of Section.P.L. 2014, ch. 182,  2; P.L. 2014, ch. 223,  2. 
 23-1-57. Penalties for unlicensed business. Any distributor or dealer who sells, offers for sale, or possesses with intent to sell, electronic nicotine-delivery system products without a license as provided in  23-1-56, shall be fined in accordance with the provisions of, and the penalties contained in,  23-1-58.  History of Section.P.L. 2014, ch. 182,  2; P.L. 2014, ch. 223,  2. 
 23-1-58. Penalty for operating without a dealer license. (a) Any individual or business who violates this chapter by selling or conveying an electronic nicotine-delivery system product without a retail license shall be cited for that violation and shall be required to appear in district court for a hearing on the citation.  (b) Any individual or business cited for a violation hereunder shall:  (1) Either post a five hundred dollar ($500) bond with the district court within ten (10) days of the citation; or  (2) Sign and accept the citation indicating a promise to appear in court.  (c) An individual or business who or that has accepted the citation may:  (1) Pay the five hundred dollar ($500) fine, either by mail or in person, within ten (10) days after receiving the citation; or  (2) If that individual or business has posted a bond, forfeit the bond by not appearing at the scheduled hearing. If the individual or business cited pays the five hundred dollar ($500) fine or forfeits the bond, that individual or business is deemed to have admitted the cited violation and to have waived the right to a hearing on the issue of commission on the violation.  (d) The court, after a hearing on a citation, shall make a determination as to whether a violation has been committed. If it is established that the violation did occur, the court shall impose a five hundred dollar ($500) fine in addition to any court costs or fees.  History of Section.P.L. 2014, ch. 182,  2; P.L. 2014, ch. 223,  2. 
 23-1-6. Shellfish packing houses. The department of health and director of health shall also perform the function of the sanitary regulation of shellfish packing houses as provided in chapter 14 of title 21.  History of Section.P.L. 1939, ch. 660,  185; G.L. 1956,  23-1-6; P.L. 1980, ch. 263,  5. 
 23-1-7. Industrial hygiene. The department of health and director of health shall perform the functions relating to industrial hygiene, which shall include the following:  (1) The study of the problems of industrial hygiene and occupational diseases in industry;  (2) Recommendation to the general assembly of those measures that study and experience may demonstrate to be advisable; and  (3) The maintenance of proper records of its activities.  History of Section.P.L. 1939, ch. 660,  186; G.L. 1956,  23-1-7. 
 23-1-8. Forensic scientist  Crime detection. The director of health shall appoint in accordance with law a suitable and qualified forensic scientist to conduct examinations of evidence in connection with scientific crime detection, and for that purpose the director shall cooperate with the Rhode Island state police, the department of the attorney general, and other law enforcement agencies in the matter of scientific crime detection.  History of Section.P.L. 1939, ch. 660,  187; G.L. 1956,  23-1-8; P.L. 2009, ch. 68, art. 5,  2. 
 23-1-9. Annual report to general assembly. The director of health shall make an annual report to the general assembly of his or her proceedings during the year ending on the thirty-first (31st) day of December next preceding, with any suggestions in relation to the sanitary laws and interests of the state that he or she shall deem important.  History of Section.G.L. 1896, ch. 96,  9; G.L. 1909, ch. 115,  9; G.L. 1923, ch. 153,  9; G.L. 1938, ch. 255,  7; G.L. 1956,  23-1-9. 
 23-10.1-1. Short title. This chapter shall be known as the Emergency Commitment for Drug Intoxication Law. History of Section.P.L. 1995, ch. 370, art. 14,  20. 
 23-10.1-2. Definitions. Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in any printed forms prepared by the department or the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:  (1) Approved public treatment facility means a treatment agency operating under the direction and control of the department or providing treatment under this chapter through a contract with the department.  (2) Department means the state department of behavioral healthcare, developmental disabilities and hospitals.  (3) Director means the director of the state department of behavioral healthcare, developmental disabilities and hospitals.  (4) Drug intoxication means an altered physiological substance or psychoactive substances, in which normal functioning is seriously impeded.  (5) Likely to injure him or herself or others means:  (i) A substantial risk of physical harm to himself or herself as manifested by behavior evidencing serious threats of, or attempts at, suicide or by behavior which will result in serious bodily harm; or  (ii) A substantial risk of physical harm to other persons as manifested by behavior or threats evidencing homicidal or other violent behavior.  (6) Physician means a person duly licensed to practice medicine or osteopathy in this state.  (7) Psychoactive substance means a drug that affects the central nervous system and alters mood, perception, and/or consciousness.  History of Section.P.L. 1995, ch. 370, art. 14,  20. 
 23-10.1-3. General powers and duties. (a) The department is charged with the execution of the laws relating to the emergency admission and custody of drug intoxicated individuals.  (b) The department may adopt rules and regulations that it may deem necessary to carry out the provisions of this chapter to insure the safety and promote the welfare of individuals committed to its custody pursuant to this chapter.  History of Section.P.L. 1995, ch. 370, art. 14,  20. 
 23-10.1-4. Emergency commitment. (a) Any police officer may take an individual into protective custody and transport him or her to the emergency room of any hospital if the officer has reason to believe that:  (1) The individual is intoxicated by drugs other than alcohol and as a result is likely to injure him or herself or others if allowed to be at liberty pending examination by a licensed physician; or  (2) The individual is in need of immediate assistance due to the use of drugs and requests the assistance.  (b) A physician in charge of an emergency room of a hospital shall determine if any individual brought into the emergency room by a police officer, family member, or other interested person, requires emergency medical treatment for his or her condition or if the individual is appropriate for emergency commitment to an approved public treatment facility by reason of the grounds stated in this section.  (c) If a physician determines, upon examination, that an individual is medically stable and appropriate for emergency commitment to an approved public treatment facility, he or she shall make application for the individuals admission to the approved public treatment facility.  (d) The application for admission shall state the circumstances under which an individual was taken into custody, brought to the emergency room, or brought to an approved public treatment facility and the reason for the physicians determination that the individual needs emergency commitment for drug intoxication.  (e) Upon the request of any physician making application in writing under this section, it shall be the duty of any police department of this state or any governmental subdivision of this state to whom the request is made, to take into custody and transport the individual to the designated approved public treatment facility.  History of Section.P.L. 1995, ch. 370, art. 14,  20. 
 23-10.1-5. Period of treatment. An individual admitted to an approved public treatment facility pursuant to this chapter shall be held for a minimum of twenty-four (24) hours for evaluation, and shall be discharged no later than five (5) days measured from the date of his or her admission.  History of Section.P.L. 1995, ch. 370, art. 14,  20. 
 23-10.1-6. Criminal law limitations. Nothing in this chapter affects any law, ordinance, or resolution against driving under the influence of drugs, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of drugs.  History of Section.P.L. 1995, ch. 370, art. 14,  20. 
 23-10-1. Report of tubercular cases by state institutions. The superintendent or other person in charge or control of any hospital, school, reformatory, or other institution, deriving the whole or any part of its support from the public funds of the state, having in charge or under its care or custody any person or persons suffering with tuberculosis, shall, within forty-eight (48) hours after recognition of that disease, make or cause to be made in the manner and form prescribed by the state department of health a record of the name, age, sex, color, race, occupation, social condition, and residence of the person or persons, so affected, together with any other appropriate information that may be demanded by the state department of health. That information shall be furnished on blanks supplied by the state department of health, and that information shall be forwarded each week to the office of the director of health, on those blanks. Any superintendent, or any other person, charged with any duty under this section who shall fail or refuse to comply with the requirements of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five dollars ($25.00).  History of Section.G.L. 1896, ch. 96,  11; P.L. 1909, ch. 386,  1; G.L. 1923, ch. 153,  11; G.L. 1938, ch. 255,  9; P.L. 1939, ch. 713,  1; G.L. 1956,  23-10-1. 
 23-10-2. Reports by physicians. Whenever any physician knows that any person under his or her professional care is affected with tuberculosis, he or she shall transmit to the director of the state department of health within seven (7) days, upon blanks provided by the state department of health for that purpose, the name, sex, age, color, race, occupation, social condition, and residence of that person. Any physician failing or refusing to comply with the requirements of this section shall be guilty of a misdemeanor and on conviction shall be subject to a fine of ten dollars ($10.00).  History of Section.G.L. 1896, ch. 96,  12; P.L. 1909, ch. 386,  1; G.L. 1923, ch. 153,  12; G.L. 1938, ch. 255,  10; P.L. 1939, ch. 713,  1; G.L. 1956,  23-10-2. 
 23-10-3. Prosecution of violations. It shall be the duty of the director of health to report to the prosecuting officers of the different cities and towns in this state any violation of the requirements of  23-10-1 and 23-10-2, and it shall be the duty of the prosecuting officers of the several cities and towns to immediately obtain warrants for the apprehension of persons violating the requirements of  23-10-1 and 23-10-2.  History of Section.G.L. 1896, ch. 96,  13; P.L. 1909, ch. 386,  1; G.L. 1923, ch. 153,  13; G.L. 1938, ch. 255,  11; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-10-3. 
 23-10-4. Register of tubercular cases. It shall be the duty of the state department of health to keep a register of all persons in this state known to be affected with tuberculosis. The state department of health shall have sole, exclusive control of that register and shall not permit its inspection nor disclose any of its personal particulars except to officials authorized under the laws of this state to receive that information.  History of Section.G.L. 1896, ch. 96,  10; P.L. 1909, ch. 386,  1; G.L. 1923, ch. 153,  10; G.L. 1938, ch. 255,  8; P.L. 1939, ch. 713,  1; G.L. 1956,  23-10-4. 
 23-10-5. Transmission of reports to local agencies. The state department of health shall be authorized to submit reports of cases of tuberculosis which it receives and has on file in its register to city and town health departments and to other community agencies, voluntary and official, properly organized to receive those reports, capable of maintaining an adequate system of tuberculosis control within their respective communities.  History of Section.G.L. 1938, ch. 255,  15; P.L. 1939, ch. 713,  2; G.L. 1938, ch. 255,  151/2; P.L. 1941, ch. 1014,  2; G.L. 1956,  23-10-5. 
 23-10-6. Quarantine for treatment of actively or chronically diseased persons. (a) For the purposes of this section, a person has active tuberculosis when: (1) a sputum smear or culture taken from a pulmonary, laryngeal, or other source has tested positive for tuberculosis and the person has not completed an appropriate prescribed course of medication for tuberculosis, or (2) a smear or culture from an extra-pulmonary source has tested positive for tuberculosis and there is clinical evidence or clinical suspicion of pulmonary tuberculosis disease and the person has not completed an appropriate prescribed course of medication for tuberculosis. A person also has active tuberculosis when, in those cases where sputum smears or cultures are unobtainable, the radiographic evidence, in addition to current clinical evidence and/or laboratory tests, is sufficient to establish a medical diagnosis of tuberculosis for which treatment is indicated.  (b) Where the director determines that the public health or the health of any other person is endangered by a case of tuberculosis, or a suspected case of tuberculosis, the director may issue any appropriate orders necessary to protect the public health or the health of any other person in accordance with this chapter, and may make application to a court for enforcement of any appropriate orders. In any court proceeding for enforcement, the director shall demonstrate the particularized circumstances constituting the necessity for an order. Detention shall not be authorized until all less-restrictive alternatives have been tried and no less-restrictive alternative is available. Those orders may include, but shall not be limited to:  (1) An order authorizing the removal to and/or detention in a hospital or other treatment facility for appropriate examination for tuberculosis of a person who has active tuberculosis or who is suspected of having active tuberculosis and who is unable or unwilling to voluntarily submit to an appropriate examination by a physician or by the department;  (2) An order requiring a person who has active tuberculosis to complete an appropriate prescribed course of medication for tuberculosis and, if necessary, to follow required contagion precautions for tuberculosis;  (3) An order requiring a person who has active tuberculosis and who is unable or unwilling otherwise to complete an appropriate prescribed course of medication for tuberculosis to follow a course of directly observed therapy. For the purposes of this provision, directly observed therapy means a course of treatment for tuberculosis in which the prescribed anti-tuberculosis medication is administered to the person or taken by the person under direct observation as specified by the department;  (4) An order for the removal to and/or detention in a hospital or other treatment facility of a person: (i) who has active tuberculosis that is infectious or who presents a substantial likelihood of having active tuberculosis that is infectious, based upon epidemiologic evidence, clinical evidence, x-ray readings, or laboratory test results; and (ii) where the department finds, based on recognized infection control principles, that there is a substantial likelihood the person may transmit to others tuberculosis because of his or her inadequate separation from others; or  (5) An order for the removal to and/or detention in a hospital or other treatment facility of a person: (i) who has active tuberculosis, or who has been reported to the department as having active tuberculosis with no subsequent report to the department of the completion of an appropriate prescribed course of medication for tuberculosis; and (ii) where there is a substantial likelihood that the person poses a significant risk of harm to others and who refuses to report for treatment or who refuses to continue or complete treatment for tuberculosis, until the director determines that the person is no longer a danger to the public.  (c) After two (2) licensed physicians, including at least one board certified pulmonary or infectious disease specialist, have certified the diagnosis of tuberculosis, the director may remove to or detain in a hospital or other place for examination or treatment a person who is the subject of an order of removal or detention issued pursuant to subsection (a) without prior court order; provided, however, that when a person detained pursuant to subsection (a) has requested release, the director shall make an application for a court order authorizing detention within seventy-two (72) hours after a release request, or, if the seventy-two (72) hour period ends on a Saturday, Sunday or legal holiday, by the end of the first business day following the Saturday, Sunday or legal holiday, which application shall include a request for an expedited hearing. In the event that the detained person requests release thereby triggering this seventy-two (72) hour expedited hearing, the hearing shall be a preliminary hearing, shall be treated with priority on the court calendar, and may be continued only for good cause shown. If at this preliminary hearing the court determines that there is no probable cause to support detention, the directors petition shall be dismissed, the directors order vacated, and the person shall be discharged unless the person applies for voluntary admission to care and treatment. However, if the court is satisfied that there is probable cause to support the directors order, the directors order shall remain in full force and effect and the full hearing procedures as set forth at subsection (h) shall be effectuated. In any event, detention shall not continue for more than five (5) business days in the absence of a court-order authorizing detention. The court order shall be sought by the director pursuant to the hearing procedures as set forth at subsection (h). The director shall seek further court review of detention within forty-five (45) days following the initial court order authorizing detention and subsequently within forty-five (45) days of each subsequent court review. In any court proceeding to enforce a directors order for the removal or detention of a person issued pursuant to this chapter or for review of the continued detention of a person, the director shall prove the particularized circumstances constituting the necessity for detention by clear and convincing evidence. Any person who is subject to a detention order shall have the right to be represented by counsel and upon the request of the person, counsel shall be provided by the court. The person subject to detention shall be entitled to file a petition for release at any time, included but not limited to, a petition based upon compliance with therapy and a plan to complete therapy in another less restrictive setting.  (d)(1) An order of the director pursuant to subsection (b) shall set forth;  (i) The legal authority under which the order is issued, including the particular sections of this chapter;  (ii) An individualized assessment of the persons circumstances and/or behavior constituting the basis for the issuance of the order;  (iii) The less restrictive treatment alternatives that were attempted and were unsuccessful and/or the less restrictive treatment alternatives that were considered and rejected, and the reasons those alternatives were rejected.  (2) In addition, an order for the removal and detention of a person shall:  (i) Include the purpose of the detention;  (ii) Advise the person being detained that he or she has the right to request release from detention by contacting a person designated on the directors order at a telephone number stated on the directors order, and that the detention shall not continue for more than five (5) business days after a release request in the absence of a court order authorizing the detention;  (iii) Advise the person being detained that, whether or not he or she requests release from detention, the director must obtain a court order authorizing detention within five (5) days following the commencement of detention and thereafter must further seek court review of the detention within forty-five (45) days of the court order, and within forty-five (45) days of each subsequent court review;  (iv) Advise the person being detained that he or she has the right to arrange to be represented by counsel or to have counsel appointed, and that if he or she chooses to have counsel appointed, the counsel will be notified that the person has requested legal representation.  (e) A person who is detained solely pursuant to subsection (b)(1) shall not continue to be detained beyond the minimum period of time required, with the exercise of all due diligence, to make a medical determination of whether a person who is suspected of having tuberculosis has active tuberculosis or whether a person who has active tuberculosis is infectious. Further detention of the person shall be authorized only upon the issuance of a directors order pursuant to subsection (b)(4) or (b)(5);  (f) A person who is detained pursuant to this section solely for the reasons described in subsection (b)(4) shall not continue to be detained after the department ascertains that changed circumstances exist that permit him or her to be adequately separated from others so as to prevent transmission of tuberculosis after his or her release from detention or that a less-restrictive alternative to the detention is established.  (g) A person who is detained pursuant to this section for the reasons described in subsection (b)(5) shall not continue to be detained after he or she has completed an appropriate prescribed course of medication.  (h)(1) A verified petition may be filed in the district court, or family court in the case of a person who has not reached his or her eighteenth (18th) birthday, for the detention to a facility of any person who is subject to an order of the director pursuant to subsection (b). The petition may be filed by the director and shall be filed only after the petitioner has investigated what alternatives to detention are available and determined why the alternatives are not deemed suitable.  (2) A hearing scheduled under this section shall be conducted pursuant to the following requirements:  (i) All evidence shall be presented according to the usual rules of evidence that apply in civil, non-jury cases. The subject of the proceedings shall be given the right to present evidence in his or her own behalf, and to cross-examine all witnesses against him or her, including any physician who has certified the diagnosis of tuberculosis pursuant to subsection (c) of this section. The subject of the proceedings shall have the further right to subpoena witnesses and documents, the cost of subpoenaing witnesses and documents to be borne by the court where the court finds upon an application of the subject that the person cannot afford to pay for the cost of subpoenaing witnesses and documents.  (ii) A verbatim transcript or electronic recording shall be made of the hearing which shall be impounded and obtained or examined only with the consent of the subject of the hearing (or in the case of a person who has not yet attained his or her eighteenth (18th) birthday, his or her parent, guardian, or next of kin) or by order of the court.  (iii) The hearing may be held at a location other than a court, including any facility where the subject may then be a patient, where it appears to the court that holding the hearing at another location would be in the best interests of the subject of the hearing or any participants in the hearing.  (iv) The burden of proceeding and the burden of proof in a hearing held pursuant to this section shall be upon the petitioner. The petitioner has the burden of demonstrating that the subject of the hearing is in need of care and treatment in a facility, is one whose continued unsupervised presence in the community would create a likelihood of serious harm, and what alternatives to detention are available, what alternatives to detention were investigated, and why these alternatives were not deemed suitable.  (v) The court shall render a decision within forty-eight (48) hours after the hearing is concluded.  (3) If the court after a hearing finds by clear and convincing evidence that the subject of the hearing is in need of care and treatment in a facility, and is one whose continued unsupervised presence in the community would create a likelihood of serious harm, and that all alternatives to detention have been investigated and deemed unsuitable, it shall issue an order committing the person to the custody of the director for care and treatment in an appropriate facility. The person shall be cared for in a facility that imposes the least restraint upon the liberty of the person consistent with affording him or her the care and treatment necessary and appropriate to his or her condition. All detention orders shall be reviewed by the court within forty-five (45) days of the court order, and within forty-five (45) days of each subsequent court review.  (4) (i) A person detained under this section shall have a right to appeal from a court order of detention to the supreme court of the state within thirty (30) days of the entry of an order of detention. The person shall have the right to be represented on appeal by counsel of his or her choice or by court appointed counsel if the supreme court finds that he or she cannot afford to retain counsel. Upon a showing of indigency the supreme court shall permit an appeal to proceed without payment of costs, and a copy of the transcript of the proceedings below shall be furnished to the subject of the proceedings or to his or her attorney at the expense of the state. The court which issued the detention order shall advise the person of all his or her rights pursuant to this section immediately upon the entry of the detention order.  (ii) Appeals under this section shall be given precedence, insofar as practicable, on the supreme court dockets. The district and family courts shall promulgate rules with the approval of the supreme court to insure the expeditious transmission of the record and transcript in all appeals pursuant to this chapter.  (i) Where necessary, language interpreters and persons skilled in communicating with vision and hearing impaired individuals shall be provided.  (j) The provisions of this section shall not be construed to permit or require the forcible administration of any medication without a prior court order.  (k) No person, for religious or other reasons, may be compelled by the department of health to undergo treatment for tuberculosis as long as the individual is willing to place himself or herself in an environment that excludes others from risk of acquiring tuberculosis.  (l) The director of health shall ensure that appropriate treatment, monitoring, and care for tuberculosis are made available for every individual who is isolated and confined, and these services shall be provided with no restrictions as to the quarantined individuals ability to pay for those services.  (m) The department of health is authorized to promulgate rules and regulations in order to implement and enforce the provisions of this chapter.  History of Section.P.L. 1993, ch. 253,  5; P.L. 1993, ch. 406,  3. 
 23-10-7. Laboratory culture for tuberculosis. All biological samples or specimens taken from Rhode Island residents for the purpose of performing laboratory culture for tuberculosis (Mycobacterium tuberculosis) or for determining antibiotic sensitivities of cases of tuberculosis, by or under the direction or order of any physician licensed to practice medicine in this state, shall be sent to the Rhode Island department of health laboratory for analysis. Those biological samples or specimens may be split at the time of procurement to permit one portion of the sample or specimen to be sent to the department of health laboratory for analysis and the other portion to be analyzed at another appropriately credentialed laboratory. In the case of split samples or specimens, third party payers shall pay both the department of health laboratory and the appropriately credentialed laboratory for analyzing those samples or specimens. The department of health shall waive the requirement for samples or specimens to be sent to the department of health laboratory and shall establish a written memorandum of agreement with any appropriately credentialed laboratory which can meet or exceed the most current laboratory standard of practice for tuberculosis testing, including maximum turnaround time.  History of Section.P.L. 1994, ch. 374,  1. 
 23-11-1. Diseases declared contagious  Exposure of another to infection. Sexually transmitted diseases shall include, but not be limited to, syphilis, gonorrhea, chancroid, granuloma inguinale, and lymphogranuloma venereum and other diseases that the director of health may by regulation determine to constitute a sexually transmitted disease. Sexually transmitted diseases are declared to be contagious, infectious, communicable, and dangerous to the public health. It shall be unlawful for anyone knowingly, while in the infectious condition with these diseases, or any of them, to expose another person to infection. Any person found guilty of violating the provisions of this section shall be fined not more than one hundred dollars ($100) or imprisoned for not more than three (3) months.  History of Section.P.L. 1921, ch. 2081,  1, 2; G.L. 1923, ch. 163,  1, 2; G.L. 1938, ch. 257,  1, 2; G.L. 1956,  23-11-1; P.L. 1967, ch. 58,  1; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2. 
 23-11-10. Investigation of suspected cases and sources. In all suspected cases of sexually transmitted disease, the state department of health is empowered to take appropriate measures to determine whether the person or persons suspected of being infected are suffering from any sexually transmitted disease; and whenever any sexually transmitted disease is found to exist, the state department of health shall, whenever possible, ascertain the sources of the infections. In these investigations, the state department of health is vested with full powers of inspection and examination and treatment as determined by the director of health.  History of Section.G.L. 1923, ch. 163,  11; P.L. 1936, ch. 2366,  1; G.L. 1938, ch. 257,  10; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-11-10; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2. 
 23-11-11. Power to examine suspected cases  Right of suspect to own physician. For the purpose of carrying out the provisions of this chapter, the state department of health is empowered to make examinations of persons reasonably suspected of having sexually transmitted disease; provided, however, that any person so examined shall have the right to have present at that examination, at his or her own expense, a physician selected by him or her. The state department of health shall inform him or her of this right and afford him or her a reasonable opportunity to exercise that right; and at the trial of any person being prosecuted under the provisions of  23-11-12, the prosecution must prove that he or she was so informed and was afforded that opportunity. Persons under eighteen (18) years of age may give legal consent for examination and treatment for any sexually transmitted disease. For the purposes of this section, physical examination and treatment by a licensed physician or his or her designated representative upon the person of a minor who has given consent shall not constitute an assault or an assault and battery upon the person.  History of Section.G.L. 1923, ch. 163,  12; P.L. 1936, ch. 2366,  1; G.L. 1938, ch. 257,  11; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-11-11; P.L. 1967, ch. 58,  1; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2. 
 23-11-12. Refusal to submit to examination. Any person refusing to permit the department of health to examine him or her, as provided in  23-11-11, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of fifty dollars ($50.00), or by imprisonment for thirty (30) days, or by both fine and imprisonment.  History of Section.G.L. 1923, ch. 163,  13; P.L. 1936, ch. 2366,  1; G.L. 1938, ch. 257,  12; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-11-12. 
 23-11-13. Appropriations and disbursements. The general assembly shall annually appropriate that sum that it may deem necessary for carrying out the provisions and purposes of this chapter, and the state controller shall draw his or her orders upon the general treasurer for the payment of the sum appropriated, or so much of it as may be from time to time required, upon receipt by him or her of proper vouchers authenticated by the director of health.  History of Section.P.L. 1921, ch. 2081,  10; G.L. 1923, ch. 163,  10; G.L. 1938, ch. 257,  13; impl. am. P.L. 1939, ch. 660,  65, 180; G.L. 1956,  23-11-13. 
 23-11-14. Reports by public and private laboratories. Whenever any public or private laboratory performs a laboratory test for any sexually transmitted disease, the result, if reactive or positive, shall be reported within ten (10) days after the test by the person in charge of the laboratory to the state department of health in the manner and form that may be prescribed by the director of health.  History of Section.G.L. 1956,  23-11-14; P.L. 1967, ch. 58,  2; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2. 
 23-11-15. Report not violation of physician-patient relationship. Any report made pursuant to the provisions of this chapter shall not be deemed a violation of the physician-patient relationship or otherwise contrary to the ethics of the medical profession.  History of Section.G.L. 1956,  23-11-15; P.L. 1967, ch. 58,  2. 
 23-11-16. Violations  Penalties. Unless another penalty is provided by the laws of this state, any person who shall violate any provision of this chapter, or any rule or regulation adopted under this chapter, shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100), or by imprisonment for not more than thirty (30) days, or both.  History of Section.P.L. 1986, ch. 246,  3; P.L. 1986, ch. 436,  3. 
 23-11-17. Human immunodeficiency virus (HIV) testing. The physician or healthcare provider attending any person for a suspected sexually transmitted disease shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be as provided for in chapter 6.3 of this title.  History of Section.P.L. 1988, ch. 405,  3; P.L. 2000, ch. 171,  2; P.L. 2006, ch. 599,  5; P.L. 2008, ch. 475,  41; P.L. 2009, ch. 196,  5; P.L. 2009, ch. 289,  5. 
 23-11-18. Legislative findings. The general assembly recognizes and declares that: (1) The special legislative commission to study the feasibility of implementing a needle exchange program has met in accordance with 1992 joint resolution 192, and strongly recommends passage of a law enabling the department of health to implement a pilot needle exchange program for the prevention of HIV transmission among intravenous drug users;  (2) Seventy-one percent (71%) of all AIDS cases among women are linked to injection drug use; fifty-eight percent (58%) of children with AIDS were infected through their mother who injected drugs or had sex with an IDU. In Rhode Island, the number of injection drug users has been estimated as high as eight thousand (8,000); and intravenous drug use accounts for forty-five percent (45%) of reported cases of HIV infection since 1989;  (3) The yearly cost of a syringe exchange program is often less than the costs to treat a single person with AIDS. The lifetime medical costs for treating someone with AIDS is approximately eighty-five thousand dollars ($85,000);  (4) Needle exchange programs have been shown to reduce HIV transmission by as much as thirty-three percent (33%), and have been successfully implemented in over twenty (20) locations in the United States, including Boulder, Colorado; New Haven, Connecticut; Honolulu, Hawaii; Portland, Oregon; Seattle and Tacoma, Washington; San Francisco, California; Boston, Massachusetts; Chicago, Illinois; Philadelphia, Pennsylvania; and Indianapolis, Indiana;  (5) That legislation is necessary to enable the department of health to pursue additional funding from the federal government and private foundations for a needle exchange program; and the general assembly of the state does recognize and declare that a well designed and well monitored pilot needle exchange program should play a vital and necessary role in our larger public health effort to reduce the transmission of HIV; and  (6) This act should not be misconstrued to mean that the state endorses or encourages the illegal use and/or abuse of illicit or harmful substances in any form or method of transmission whatsoever. Rather, the express purpose of this act is to assist in the reduction of the transmission of life-threatening diseases, such as AIDS and HIV, through the use of contaminated needles and syringes. Moreover, it shall be the ongoing policy of the state to use its considerable resources to educate its citizens about the dangers of all forms of substance abuse in any manner of transmission and to foster programs of prevention so as to reduce the incidence of substance abuse, drug addiction, AIDS/HIV, and like problems.  History of Section.P.L. 1994, ch. 30,  1. 
 23-11-19. Exchange of hypodermic needles and syringes. (a) The director of the department of health shall maintain a program offering the free exchange of new hypodermic needles and syringes for used hypodermic needles and syringes as a means to prevent the transmission of human immunodeficiency virus (HIV) or viral hepatitis among injecting drug users eighteen (18) years of age or older. Any site used in the program shall be approved by the director of health and shall make available educational materials, HIV counseling and testing, and referral services targeted to the education of HIV/AIDS and viral hepatitis transmission as well as information and referrals pertaining to substance abuse prevention and treatment.  (b) Any program of needle and syringe exchange must be implemented pursuant to the provisions of this section and shall incorporate an on-going evaluation plan to determine the impact of the needle exchange program on the participants and the community in the efforts to lower the HIV rate among injecting users including successful referrals to substance abuse treatment.  History of Section.P.L. 1994, ch. 30,  1; P.L. 1997, ch. 213,  1; P.L. 1997, ch. 309,  1; P.L. 2006, ch. 599,  5. 
 23-11-2. Repealed.
 23-11-20. Expedited partner therapy. (a) Notwithstanding any other provision of law to the contrary, a physician licensed under chapter 37 of title 5, a physician assistant licensed under chapter 54 of title 5 or a certified registered nurse practitioner licensed under chapter 34 of title 5 who is authorized to prescribe and dispense prescription drugs, and who diagnoses a sexually transmitted chlamydia or gonorrhea infection in an individual patient, may prescribe prescription drugs to the patients sexual partner or partners for the treatment of the sexually transmitted chlamydia or gonorrhea infection without an examination of the sexual partner or partners.  (b) Neither a licensed physician, licensed physician assistant or certified registered nurse practitioner who, in good faith, prescribes prescription drugs to a patients sexual partner or partners for the treatment of a sexually transmitted chlamydia or gonorrhea infection in accordance with this section, nor the group or healthcare facility for which they work, shall be subject to civil or criminal liability and shall not be deemed to have engaged in unprofessional conduct.  History of Section.P.L. 2010, ch. 166,  1; P.L. 2010, ch. 175,  1. 
 23-11-3. Compulsory treatment of infected persons. The department of health is empowered to require persons who are in an infectious condition with a sexually transmitted disease to report for treatment to a licensed physician and to continue treatment until cured of his or her infectious condition. Any person suffering from any sexually transmitted disease while in the infectious and contagious stage of that disease who refuses to report for treatment, or who refuses to continue treatment, shall be isolated and treated until that person has been pronounced by a licensed physician to be noninfectious and no longer a danger to the public health.  History of Section.P.L. 1921, ch. 2081,  4; G.L. 1923, ch. 163,  4; G.L. 1938, ch. 257,  4; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-11-3; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2. 
 23-11-4. State laboratory facilities and treatment. The state department of health shall provide and/or make arrangements for laboratory tests for the diagnosis of sexually transmitted disease and shall provide and/or make arrangements for the clinical treatment of sexually transmitted diseases as determined by the director of health. In addition, the department of health is authorized to establish by rule and regulation a reasonable fee structure for these laboratory tests and clinical treatments.  History of Section.P.L. 1921, ch. 2081,  5; G.L. 1923, ch. 163,  5; G.L. 1938, ch. 257,  5; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-11-4; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2; P.L. 1992, ch. 133, art. 26,  1. 
 23-11-5. Reports of cases by public and private institutions. The superintendent or other officer or other person in charge of public or private institutions, such as hospitals or other licensed health care facilities, dispensaries, clinics, homes, asylums, and charitable and correctional institutions, shall promptly report the identity of every patient suffering from a sexually transmitted disease in any form in a manner that may be prescribed by the director of the department of health.  History of Section.P.L. 1921, ch. 2081,  6; G.L. 1923, ch. 163,  6; G.L. 1938, ch. 257,  6; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-11-5; P.L. 1967, ch. 58,  1; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2. 
 23-11-6. Reports by physicians. Any physician who diagnoses and/or treats a case of sexually transmitted disease shall immediately make a report of that case to the state department of health in the manner and form that the department shall direct.  History of Section.P.L. 1921, ch. 2081,  7; G.L. 1923, ch. 163,  7; G.L. 1938, ch. 257,  7; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-11-6; P.L. 1967, ch. 58,  1; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2. 
 23-11-7. Penalty for failure to report. Any person who shall neglect for a period of ten (10) days to make a report as provided in  23-11-5, 23-11-6, and 23-11-14 shall be fined not more than one hundred dollars ($100).  History of Section.P.L. 1921, ch. 2081,  8; G.L. 1923, ch. 163,  8; G.L. 1938, ch. 257,  8; G.L. 1956,  23-11-7; P.L. 1967, ch. 58,  1. 
 23-11-8. Blood test of pregnant women. It shall be the duty of every physician engaged in prenatal attendance upon a pregnant woman to obtain a blood specimen of that pregnant woman within thirty (30) days after the first professional visit. That blood specimen shall be submitted to the laboratory of the state department of health, or to a laboratory approved by the department, for the performance of a Wassermann or other standard laboratory blood test for syphilis. Any violation of the provisions of this section shall constitute a misdemeanor and that physician shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each offense.  History of Section.G.L. 1923, ch. 395,  251/2; P.L. 1938, ch. 2606,  1; G.L. 1938, ch. 606,  27; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-11-8. 
 23-11-9. Repealed. History of Section.P.L. 1921, ch. 2081,  9; G.L. 1923, ch. 163,  9; G.L. 1938, ch. 257,  9; G.L. 1956,  23-11-9; P.L. 1986, ch. 246,  2; P.L. 1986, ch. 436,  2; Repealed by P.L. 2017, ch. 13,  1, effective June 19, 2017; P.L. 2017, ch. 25,  1, effective June 19, 2017. 
 23-12.1-1. Hemophilia defined. For purposes of this chapter, Hemophilia means a bleeding tendency resulting from a genetically determined deficiency of a clotting factor in the blood.  History of Section.P.L. 1977, ch. 209,  1. 
 23-12.1-2. Establishment of program. The state department of health, referred to in this chapter as the department, shall establish a program for the care and treatment of persons suffering from hemophilia. This program shall assist persons who require continuing treatment with blood and blood derivatives to avoid crippling, extensive hospitalization, and other effects associated with this critical chronic bleeding condition, but who are unable to pay for the entire cost of care and treatment services on a continuing basis despite the existence of various types of hospital and medical insurance coverages, Medicare, Medicaid, and other government assistance programs, and private charitable assistance programs.  History of Section.P.L. 1977, ch. 209,  1. 
 23-12.1-3. Duties of department of health. The department shall: (1) Develop standards for determining eligibility for care and treatment under this program;  (2) Extend financial assistance to persons suffering from hemophilia in obtaining blood, blood derivatives and concentrates, and other efficacious agents for use in hospital, medical and dental facilities, and at home, or participate in the cost of blood processing to the extent that this support will facilitate the supplying of blood, blood derivates and concentrates, and other efficacious agents to hemophiliac patients at an economical cost, thus increasing the effectiveness of the moneys appropriated to carry out the provisions of this chapter;  (3) Assist in the development and expansion of programs for the care and treatment of persons suffering from hemophilia, including self-administration, prevention, and home care and other medical and dental procedures and techniques designed to provide maximum control over bleeding episodes typical of this condition;  (4) Institute and carry on educational programs among physicians, dentists, hospitals, public health departments, and the public concerning hemophilia, including dissemination of information and the conducting of educational programs concerning the methods of care and treatment of persons suffering from this condition; and  (5) Promulgate all rules and regulations necessary to effectuate the purposes of this chapter.  History of Section.P.L. 1977, ch. 209,  1. 
 23-12.10-1. Purpose and creation  Municipal authorization required. [Expires March 1, 2024.] (a) The purpose of this chapter is to authorize a two-year (2) pilot program to prevent drug overdoses through the establishment of harm reduction centers, which, as used in this chapter, shall be defined as a community-based resource for health screening, disease prevention, and recovery assistance where persons may safely consume pre-obtained substances.  (b) Each harm reduction center shall provide the necessary healthcare professionals to prevent overdose, and shall provide referrals for counseling or other medical treatment that may be appropriate for persons utilizing the harm reduction center.  (c) The director of the department of health shall promulgate regulations to authorize the program established by this chapter, and in accordance with  23-12.10-5. Nothing contained in this section authorizes a harm reduction center without approval of the municipality in which the center is proposed.  (d)(1) Any harm reduction center proposed to be operated pursuant to the provisions of this chapter shall require municipal authorization and approval prior to opening or operating in any community within this state.  (2) As used in this chapter, the term municipal authorization and approval means an express affirmative vote by the city or town council, or the equivalent governing body, of any municipality where a harm reduction center is proposed to be located, which affirmative vote approves:  (i) The opening and operation of the proposed harm reduction center;  (ii) The exact location of the proposed harm reduction center, which shall include street address and plat and lot number or other applicable number as used by the municipalitys tax assessor; and  (iii) An express authorization as to the hours of operation of the proposed harm reduction center.  (e) Each harm reduction center approved for operation pursuant to the provisions of this chapter shall cease operations on or before March 1, 2024, unless an act of the general assembly expressly authorizes the continuation of the operation of the harm reduction center.  History of Section.P.L. 2021, ch. 185,  1, effective March 1, 2022; P.L. 2021, ch. 324,  1, effective March 1, 2022. 
 23-12.10-2. Establishment of advisory committee. [Expires March 1, 2024.] There is hereby established an advisory committee to advise the director of the department of health with respect to the regulations necessary to effectuate the purpose of this chapter. The advisory committee shall be chaired by the director of the department of health, or the directors designee, and consist of nine (9) additional members: one of whom shall be the attorney general, or designee; one member from the Rhode Island Medical Society; one member from the Hospital Association of Rhode Island; one member from the Rhode Island chapter of the American Society of Addiction Medicine; and five (5) members appointed by the governor, one of whom shall be a person with a substance use disorder; one of whom shall be a person working in overdose prevention; one of whom shall be a current or former law enforcement official; one of whom shall be a representative of the Rhode Island League of Cities and Towns; and one of whom shall be a person who has suffered a drug overdose or a family member of a person who suffered a fatal drug overdose.  History of Section.P.L. 2021, ch. 185,  1, effective March 1, 2022; P.L. 2021, ch. 324,  1, effective March 1, 2022. 
 23-12.10-3. Role of advisory committee. [Expires March 1, 2024.] The advisory committee shall make recommendations to the director of the department of health with respect to the following:  (1) Maximizing the potential public health and safety benefits of harm reduction centers;  (2) The proper disposal of hypodermic needles and syringes;  (3) The recovery of persons utilizing such harm reduction centers;  (4) Federal, state, and local laws impacting the creation and operation of the harm reduction centers;  (5) Appropriate guidance to relevant professional licensing boards;  (6) Potential collaboration with other public health efforts;  (7) Consideration of any other factors beneficial to promoting the public health and safety; and  (8) Liability protection for property owners, harm reduction center staff, and volunteers and participants, from criminal or civil liability resulting from the operation of a harm reduction center.  History of Section.P.L. 2021, ch. 185,  1, effective March 1, 2022; P.L. 2021, ch. 324,  1, effective March 1, 2022. 
 23-12.10-4. Liability protections. [Expires March 1, 2024.] Notwithstanding any other law to the contrary, a person or entity, including, but not limited to, property owners, managers, employees, volunteers, clients or participants, and state, city, or town government employees acting in the course and scope of employment, shall not be arrested, charged, or prosecuted pursuant to  21-28-4.01(c)(1),  21-28-4.06,  21-28-4.08,  21-28-5.06, or  21-28.5-2, including for attempting, aiding and abetting, or conspiracy to commit a violation of any of those sections; nor have their property subject to forfeiture; nor be subject to any civil or administrative penalty, including, but not limited to, disciplinary action by a professional licensing board, credentialing restrictions, contractual or civil liability, or medical staff or other employment action; nor be denied any right or privilege for actions, conduct, or omissions relating to the approval or operation of a harm reduction center in compliance with this chapter and any rules and regulations promulgated pursuant to this chapter.  History of Section.P.L. 2021, ch. 185,  1, effective March 1, 2022; P.L. 2021, ch. 324,  1, effective March 1, 2022. 
 23-12.10-5. Promulgation of regulations. [Expires March 1, 2024.] The director of the department of health shall promulgate regulations authorized by this chapter no later than March 1, 2022.  History of Section.P.L. 2021, ch. 185,  1, effective March 1, 2022; P.L. 2021, ch. 324,  1, effective March 1, 2022. 
 23-12.5-1. Compact enacted. The New England compact on radiological health protection, hereinafter called the compact, is hereby enacted into law and entered into with all other jurisdictions legally joining the compact, in the form substantially as follows:      The purposes of this compact are to: (1) Promote the radiological health protection of the public and individuals within the party states.  (2) Provide mutual aid and assistance in radiological health matters including, but not limited to, radiation incidents.  (3) Encourage and facilitate the efficient use of personnel and equipment by furthering the orderly acquisition and sharing of resources useful for programs of radiation protection.    This compact shall become effective when enacted into law by any two (2) or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law. Any state not mentioned in this article which is contiguous to any party state may become a party to this compact by enacting the same.    (a) It shall be the duty of each party state to formulate and put into effect an intrastate radiation incident plan which is compatible with the interstate radiation incident plan formulated pursuant to this compact.  (b) Whenever the compact administrator of a party state requests aid from the compact administrator of any other party state pursuant to this compact, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people. The compact administrator of a party state may delegate any or all of his or her authority to request aid or respond to requests for aid pursuant to this compact to one or more subordinates, in order that requests for aid and responses thereto shall not be impeded by reason of the absence or unavailability of the compact administrator. Any compact administrator making such a delegation shall inform all the other compact administrators thereof, and also shall inform them of the identity of the subordinate or subordinates to whom the delegation has been made.  (c) Each party state shall maintain adequate radiation protection personnel and equipment to meet normal demands for radiation protection within its borders.    (a) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.  (b) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.  (c) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state, on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.  (d) Any party state rendering outside aid to cope with a radiation incident shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation and maintenance of officers, employees and equipment incurred in connection with such request: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.  (e) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state for or in which the officer or employee was regularly employed.    (a) Whenever a department, agency or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological health program or programs determines that such a facility or item of equipment is not being used to its full capacity by such party state, or that temporarily it is not needed for current use by such state, a department, agency or officer may, upon request of an appropriate department, agency or officer of another party state, make such facility or item of equipment available for use by such requesting department, agency or officer. Unless otherwise required by law, the availability and use resulting therefrom may be with or without charge, at the discretion of the lending department, agency or officer. Any personal property made available pursuant to this paragraph may be removed to the requesting state, but no such property shall be made available, except for a specified period and pursuant to written agreement. Except when necessary to meet an emergency, no supplies or materials intended to be consumed prior to return shall be made available pursuant to this paragraph.  (b) In recognition of the mutual benefits, in addition to those resulting from article IV, accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to radiation protection, such personnel may be made available to a party state by appropriate departments, agencies and officers of other party states: provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved.  (c) Nothing in this article shall be construed to limit or to modify in any way the provisions of article IV of this compact.    Each party state shall have a compact administrator who shall be the head of the state agency having principal responsibility for radiation protection, and who:  (1) Shall coordinate activities pursuant to this compact in and on behalf of his or her state.  (2) Serving jointly with the compact administrators of the other party states, shall develop and keep current an interstate radiation incident plan; consider such other matters as may be appropriate in connection with programs of cooperation in the field of radiation protection and allied areas of common interest; and formulate procedures for claims and reimbursement under the provisions of article IV.    Nothing in this compact shall be construed to: (1) Authorize or permit any party state to curtail or diminish its radiation protection program, equipment, services or facilities.  (2) Limit or restrict the powers of any state ratifying the same to provide for the radiological health protection of the public and individuals, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to provide for such radiological health protection.  (3) Affect any existing or future cooperative relationship or arrangement between federal, state or local governments and a party state or states.    Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.    It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person or circumstance shall not be affected thereby.  History of Section.P.L. 1967, ch. 90,  1; G.L. 1956,  23-44-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-12.5-1. 
 23-12.5-2. Radiation incident plan. The director of health shall formulate and keep current a radiation incident plan for this state, in accordance with the duty assumed pursuant to article III (a) of the compact contained in  23-12.5-1.  History of Section.P.L. 1967, ch. 90,  1; G.L. 1956,  23-44-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-12.5-2. 
 23-12.5-3. State administrator. The compact administrator for this state, as required by article VI of the compact contained in  23-12.5-1, shall be the director of health.  History of Section.P.L. 1967, ch. 90,  1; G.L. 1956,  23-44-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-12.5-3. 
 23-12.6-1. Short title. This chapter shall be known as the Rhode Island Ovarian Cancer Education, Detection, and Prevention Act.  History of Section.P.L. 1999, ch. 246,  1. 
 23-12.6-2. Preamble. Ovarian cancer is a dangerous threat to the female population in the state as one in every fifty-five (55) women is stricken with the disease; three quarters (34) of ovarian cancer cases are diagnosed after the disease has reached advanced stages (3rd or 4th stage) and fifty percent (50%) of women die within five (5) years of diagnosis. When ovarian cancer is detected in its early stages, the survival rate is ninety-two percent (92%). The overwhelming majority of women who get ovarian cancer have no known risk factors. Ovarian cancer symptoms are subtle and easily confused with symptoms of other disorders. The result is most often women do not recognize the symptoms, the result of which is often fatal. The Rhode Island general assembly declares it a matter of public health and urgency to declare war on ovarian cancer in Rhode Island and creates the Rhode Island Ovarian Cancer Evaluation, Detection, and Prevention Act .  History of Section.P.L. 1999, ch. 246,  1. 
 23-12.6-3. Public policy goals  Department of health. The department of health, through the Rhode Island Cancer Council, is authorized and mandated to achieve and implement the following public health policy goals as they relate to ovarian cancer in Rhode Island:  (1) The department of health, through the Rhode Island Cancer Council, is mandated to sponsor a yearly public education campaign to expand womens and health care providers awareness about the disease. This campaign shall consist of awareness about the common symptoms of the disease, screening tests, and examinations by gynecologists that can detect the early symptoms of the disease.  (2) The department of health, through the Rhode Island Cancer Council, shall establish as public policy in the state increased funding for research and advocacy for creating genetic testing policies.  (3) The department of health, through the Rhode Island Cancer Council, shall work with major health providers in Rhode Island to research and extend and promote the awareness and understanding of ovarian cancer in order to improve screening and detection tools and to work with the national organizations to assist in finding a cure.  (4) The department of health, through the Rhode Island Cancer Council, shall coordinate the work of ovarian cancer groups, activists, researchers, support groups, and health advocates and shall annually report to the general assembly the progress it is making to advance education, detection and research and improved therapies concerning ovarian cancer affecting women in the state.  History of Section.P.L. 1999, ch. 246,  1. 
 23-12.7-1. Short title. This chapter shall be known and may be cited as the The Breast Cancer Act. History of Section.P.L. 2000, ch. 277,  1. 
 23-12.7-2. Legislative findings. It is found and declared as follows: (1) Breast cancer is a significant threat to the health of women. Breast cancer is the most common form of cancer in women, and causes the death of a woman in the United States every twelve (12) minutes.  (2) The incidence of breast cancer continues to increase at a dramatic rate. In 1964, one woman in twenty (20) developed breast cancer over the course of her lifetime. By 1987, the probability had increased to one in eleven (11) and by 1992, it was one in eight (8). At the current rate of increase, early in 2000, one woman in six (6) will develop breast cancer in her lifetime. Presently breast cancer claims over two hundred (200) lives in Rhode Island annually.  (3) Breast cancer exacts an enormous economic toll on our society, including over two billion dollars ($2,000,000,000) in direct medical costs, and over eight billion dollars ($8,000,000,000) in both direct medical and indirect costs.  (4) Medical experts still do not know the cause of breast cancer, or how to prevent breast cancer.  (5) The state of Rhode Island must take the lead in combating the increasingly rapid spread of breast cancer and the current lack of knowledge with respect to breast cancers cause and cure, and effective methods of screening and treatment.  (6) It is the intent of the legislature in enacting this chapter to fund screening mammography for women, who are uninsured and/or underinsured, satisfying eligibility criteria as established by the Rhode Island department of health with assistance from a community advisory board consisting of consumer advocates and physicians.  (7) It is the further intent of the legislature to direct the Rhode Island department of health to provide appropriate diagnostic testing to determine a diagnosis of breast cancer and staging of the disease and case management of the womans care by facilitating contact with a breast surgeon, medical oncologist, and/or radiation oncologist.  (8) In addition, this legislation will include a mandate for programs of outreach, education, increased awareness, and cultural competence to the statewide community.  (9) There are over twenty-two thousand (22,000) women in Rhode Island today with breast cancer. Nationally, one million six hundred thousand (1,600,000) women have breast cancer. Mammography screening is the most useful tool, to date, to identify a breast cancer.  (10) There are four thousand eight hundred forty-four (4,844) Rhode Island women, who are uninsured or underinsured and cannot afford a mammogram.  (11) In 1995, the Rhode Island general assembly passed a resolution declaring breast cancer an epidemic in the state.  (12) In keeping with its progressive and concerned outlook for the health and welfare of women in Rhode Island, the guarantee of breast cancer screening must be extended to uninsured and underinsured women.  (13) There should be no barrier to quality breast screening in Rhode Island.  History of Section.P.L. 2000, ch. 277,  1. 
 23-12.7-3. Program established. (a) Through funding from the Rhode Island Cancer Council, the Rhode Island department of health is required to establish a program of free mammography screening according to American Cancer Society standards, and, where required, follow-up, diagnostic testing, and case management for women in the state who are uninsured or underinsured.  (b) The screening program shall:  (1) Secure radiology facilities to participate in the screening program;  (2) Pay for screening mammograms;  (3) Ensure that screening results are sent by mail, electronically, or otherwise, to the patient in a timely manner;  (4) Provide diagnostic tests as required to diagnose breast cancer;  (5) Provide case management facilitating appropriate contact to breast surgeons, medical oncologists, and radiation oncologists; and  (6) Provide follow-up support to women who are found to have breast cancer as a result of this screening program.  (c) The director of the Rhode Island department of health is required to provide a quarterly report to the general assembly on the program of free mammography screening, follow-up diagnostic testing and case management, and public education. An advisory committee concerned with advocacy, outreach, and public education shall meet on a quarterly basis and report to the director.  History of Section.P.L. 2000, ch. 277,  1; P.L. 2021, ch. 45,  1, effective June 11, 2021; P.L. 2021, ch. 46,  1, effective June 11, 2021. 
 23-12.8-1. Short title. This chapter shall be known and may be cited as The Firefighter Cancer Wellness Act. History of Section.P.L. 2008, ch. 130,  1; P.L. 2008, ch. 184,  1. 
 23-12.8-2. Legislative findings. It is found and declared as follows: (1) Studies indicate that firefighters have a significantly higher risk of developing certain cancers due to exposure to toxins and chemicals.  (2) The state of Rhode Island must take action to promote firefighter wellness and reduce the incidence and effects of cancer among firefighters.  History of Section.P.L. 2008, ch. 130,  1; P.L. 2008, ch. 184,  1. 
 23-12.8-3. Education program established. (a) The director of the department of health shall annually provide to the office of the state fire marshal information regarding cancer incidence among professional and volunteer firefighters, the increase in survival rates attributable to early detection and the availability of cancer screening as well as any other applicable testing methods designed to decrease the incidence and severity of malignant conditions resulting from occupational exposure to hazardous materials.  (b) The office of the state fire marshal shall annually inform the fire chiefs of all professional and volunteer departments and districts in the state of Rhode Island of the cancer risks associated with firefighting and the importance of frequent medical examination including cancer screening.  (c) The department of health, the state fire marshal and Rhode Island municipalities may enter into contracts with healthcare and/or cancer screening providers for the purpose of establishing preventative programs for firefighters and related professions.  History of Section.P.L. 2008, ch. 130,  1; P.L. 2008, ch. 184,  1. 
 23-12.9-1. Short title. This chapter shall be known and may be cited as The Dense Breast Notification and Education Act.  History of Section.P.L. 2014, ch. 47,  1; P.L. 2014, ch. 54,  1. 
 23-12.9-2. Public policy goals  Department of health. The department of health, through the Rhode Island Cancer Council, is authorized and mandated to implement the following public health policy goals as they relate to dense breast notification in Rhode Island. Commencing on October 1, 2014, all healthcare facilities that perform mammography examinations shall include in the summary of the mammography report to be provided to a patient by mail, electronically, or otherwise, information that identifies the patients individual Breast Tissue Classification based on the Breast Imaging Reporting and Data System established by the American College of Radiology. If the facility determines that a patient has heterogeneously or extremely dense breasts, the summary of the mammography report shall also include the following notice:  Your mammogram indicates that you have dense breast tissue. Dense breast tissue is relatively common and is found in about forty percent (40%) of women. The presence of dense tissue can make it more difficult to detect cancers in the breast by mammography because it can hide small abnormalities and may be associated with an increased risk. Hence, you may benefit from supplementary screening tests, which may include a breast ultrasound screening, or a breast MRI examination, or both, depending on your individual risk factors.  We are providing this information to raise your awareness of this important factor and to encourage you to discuss your dense breast tissue, as well as other breast cancer risk factors, with your healthcare provider. Together, you can decide which screening options are right for you.  A report of your results was sent to your physician. You should contact your physician if you have any questions or concerns about this report.  History of Section.P.L. 2014, ch. 47,  1; P.L. 2014, ch. 54,  1; P.L. 2021, ch. 45,  2, effective June 11, 2021; P.L. 2021, ch. 46,  2, effective June 11, 2021. 
 23-12-1. Formulation of plans and minimum standards for care and treatment. It shall be the duty of the state director of health to formulate a plan for the care and treatment of indigent persons suffering from cancer and to establish and designate standard requirements for the organization, equipment, and conduct of cancer units or departments in general hospitals of this state. The state director of health shall consult with physicians designated by the president of the Rhode Island Medical Society, with other interested organizations, and with any other experts or nonexperts wherever located that he or she may deem proper with a view to carrying out the purposes of this chapter and with a view to establishing a minimum standard for the conduct and equipment of cancer units or departments in general hospitals in those parts or districts of the state as may, in the opinion of the state director of health, be deemed most advantageous to the public health.  History of Section.P.L. 1942, ch. 1254,  1; G.L. 1956,  23-12-1. 
 23-12-2. Educational plan. The state director of health shall formulate and put into effect an educational plan for the purpose of preventing cancer, for the purpose of aiding in the early diagnosis of cancer, and for the purpose of informing hospitals and cancer patients of the proper treatment.  History of Section.P.L. 1942, ch. 1254,  2; G.L. 1956,  23-12-2. 
 23-12-3. Aid to indigent patients. The state director of health is authorized and directed to make rules and regulations specifying to what extent and on what terms and conditions indigent cancer patients of this state may receive financial aid for the diagnosis and treatment of cancer in any approved hospital in this state. The director of health is authorized to furnish aid to indigent cancer patients of this state who are citizens of this state and who through no fault of their own are financially unable to provide proper treatment for themselves, to the extent of and within the available funds as the state director of health shall deem proper. The state director of health shall have the power in his or her discretion to administer aid in any manner that in his or her judgment will afford the greater benefit to cancer patients throughout the state, and shall have the power, to the extent of and within the available funds which may be provided by the general assembly.  History of Section.P.L. 1942, ch. 1254,  3; G.L. 1956,  23-12-3. 
 23-12-4. Central cancer registry  Reports. (a) The state director of health may enter into a contract with a non-profit organization to establish a registry to record certain cases of malignant disease that occur in residents of the state, and any appropriate information concerning these cases that it shall deem necessary and appropriate in order to conduct epidemiologic surveys of cancer and to apply appropriate preventive and control measures.  (b) The state director of health shall require the reporting of certain cases of malignant disease and the submission of any specified additional information on reported cases or control populations that he or she deems necessary and appropriate for the recognition, prevention, or control of certain cases of malignant diseases.  (c) The central cancer registry shall maintain comprehensive records of all reports submitted pursuant to this section. These reports shall be confidential in accordance with chapter 37.3 of title 5 and subject to the restrictions on release incorporated in that chapter.  (d) The state director of health shall conduct those activities to prevent and control cancer among the residents of the state that he or she shall deem necessary and appropriate and as are indicated from the findings of the central cancer registry.  (e) Nothing in this section shall be construed to compel any individual to submit to medical or department examination or supervision.  (f) The department shall make rules and regulations that are necessary to implement the provisions of this section pursuant to chapter 35 of title 42.  (g) The general assembly shall annually appropriate the sum of four hundred thousand dollars ($400,000) for the support of the central cancer registry.  History of Section.P.L. 1985, ch. 402,  1; P.L. 1986, ch. 287, art. 28,  4. 
 23-13.1-1. Short title. This chapter may be cited as the Safe Haven for Infants Act. History of Section.P.L. 2001, ch. 53,  1; P.L. 2001, ch. 130,  1. 
 23-13.1-2. Definitions. As used in this chapter: Infant means a newborn human child which is thirty (30) days old or younger. History of Section.P.L. 2001, ch. 53,  1; P.L. 2001, ch. 130,  1. 
 23-13.1-3. Voluntary surrender of infant child. (a) Every hospital, open medical emergency facility, fire station, or police station operating in the state of Rhode Island shall, without court order, take temporary physical custody of an infant, who appears to be age thirty (30) days or younger, who is voluntarily left with a staff member of the hospital, open medical emergency facility, fire station, or police station by any person who does not express an intent to return for the infant and the circumstances give rise to a reasonable belief that the person does not intend to return for the infant.  (b) The person leaving the infant may, but shall not be required to leave any information disclosing the identity of himself/herself, the infant, the parents of the infant or other family member of the infant and/or the medical history of himself/herself, the infant, the parents of the infant, or other family member of the infant. The hospital or other facility designated in this section shall offer the person leaving the infant written information concerning the legal effect of leaving the infant with the hospital or other facility designated in this section. The department of children, youth and families shall create this information and provide it at no charge to hospitals and other facilities designated in this section. Any information obtained by the hospital or other facility designated in this section from the person leaving the infant relating to the identity of the person, the infant, the parents of the infant or other family member of the infant shall be kept confidential by the hospital or other facility and shared with no one other than the director of the department of children, youth and families or his or her designee. However, if a court of competent jurisdiction determines that the immunity provisions of  23-13.1-4 do not apply, the hospital or other facility where the infant was left must disclose the information relating to the identity of the person, the infant, the parents of the infant, or other family member of the infant to the department of attorney general upon order of the court. Nothing in this section shall be construed to prevent disclosing to medical care providers any information about the infant necessary to provide medical care or treatment to the infant.  (c) Nothing contained in this section shall preclude the department of children, youth and families from notifying law enforcement authorities of any criminal wrongdoing in accordance with  11-9-5 and/or 40-11-5.  (d) The hospital or other facility with responsibility for performing duties under this chapter, and/or any employee, independent contractor, agent, doctor, other medical professional, law enforcement or fire official associated with the hospital or facility shall be immune from any criminal or civil liability arising from action(s) taken in accordance with this chapter including, but not limited to, determining the age of, receiving, examining or otherwise treating the infant. This immunity does not apply to acts or omissions constituting negligence or reckless, wanton or intentional misconduct.  (e) The hospital or other facility in this section performing duties under this chapter and/or any staff member, employee, independent contractor, agent, doctor, other medical professional, law enforcement or fire official associated with the hospital or facility shall be immune from any criminal or civil liability that otherwise might result from the failure to make a report under the provisions of chapter 11 of title 40 if the entity or person acted in good faith in complying with this section.  (f) Any hospital, medical facility or licensed physician, and its employees, independent contractors and agents, are authorized to provide to an infant left at a hospital or other facility in accordance with this chapter any medical care and treatment, including testing for the human immunodeficiency virus and hepatitis, that the attending physician believes necessary for the infants well-being.  History of Section.P.L. 2001, ch. 53,  1; P.L. 2001, ch. 130,  1. 
 23-13.1-4. Immunity. A person who leaves an infant, age thirty (30) days or younger, at a hospital or other facility designated under this chapter, or directs another person to do so, shall be immune from prosecution only for the act of abandonment of the infant pursuant to  11-2-1 and 11-9-5(a) provided that:  (1) The person is the parent of the infant or is acting at the direction of a parent;  (2) The infant is left in the physical custody of a staff member of the hospital or other facility designated under this chapter;  (3) A comprehensive medical examination of the infant determines the infant has not been harmed or been the victim or any physical neglect or abuse. Injuries and/or conditions resulting from childbirth shall not be considered harm, abuse or neglect for the purposes of this section.  History of Section.P.L. 2001, ch. 53,  1; P.L. 2001, ch. 130,  1. 
 23-13.1-5. DCYF  Procedure. (a) Immediately upon any time that a hospital or other facility designated in this chapter takes physical possession of an infant pursuant to this chapter, the hospital or other facility designated in this chapter shall notify the director of the department of children, youth and families, or his or her designee, that it has physical possession of the infant. The director of the department of children, youth and families shall establish a procedure by which a hospital or other facility designated in this chapter can notify the department for children, youth and families. The department of children, youth and families shall immediately respond to the hospital or other facility designated in this chapter and place the infant in the temporary protective custody of the department and make arrangements for the infant to undergo a comprehensive medical examination by a licensed physician or a duly certified registered nurse practitioner in accordance with the provisions of  40-11-5. Thereafter, the department of children, youth and families shall file an emergency petition for the removal of the infant from the care and custody of the parents in accordance with the provisions of  40-11-7.  (b) The department of children, youth and families shall, upon obtaining temporary custody of the infant and provided that no person has asserted a claim to be the parent of the infant within ninety (90) days of the department obtaining custody, commence proceedings to terminate the parental rights of the parents of the infant in accordance with the provisions of  15-7-7. The leaving of the infant at a hospital or other facility designated herein and the failure of a person to assert a claim to be the parent of the infant within ninety (90) days of the infant being placed in the temporary custody of the department of children, youth and families shall constitute prima facie evidence of permanent abandonment of the infant.  History of Section.P.L. 2001, ch. 53,  1; P.L. 2001, ch. 130,  1. 
 23-13.1-6. Awareness program. There shall be established a Safe Haven for Infants Awareness Program which shall distribute literature relative to the rights and immunity established under this chapter. The awareness program shall be administered by the director of the department of children, youth and families or his or her designee. As part of the program, the director shall establish a toll free telephone information line, issue pamphlets and other literature, and secure print and other advertisements in order to disseminate information relative to this chapter.  History of Section.P.L. 2001, ch. 53,  1; P.L. 2001, ch. 130,  1. 
 23-13.1-7. Annual report to the legislature. The director of the department of children, youth and families shall report annually to the general assembly at its January session as to the status of any infant abandoned under this chapter and all costs incurred by the department relative to this chapter.  History of Section.P.L. 2001, ch. 53,  1; P.L. 2001, ch. 130,  1. 
 23-13.1-8. Severability. If any provision of this chapter or the application of any provision to any person or circumstance shall be held invalid, that invalidity shall not affect the provisions or application of this chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 2001, ch. 53,  1; P.L. 2001, ch. 130,  1. 
 23-13.2-1. Workplace policies protecting a womans choice to breastfeed. (a) An employer may provide reasonable unpaid break time each day to an employee who needs to breastfeed or express breast milk for her infant child to maintain milk supply and comfort. The break time must, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this section if to do so would create an undue hardship on the operations of the employer.  (b) An employer shall make a reasonable effort to provide a private, secure and sanitary room or other location in close proximity to the work area, other than a toilet stall, where an employee can express her milk or breastfeed her child.  (c) The department of health shall issue periodic reports on breastfeeding rates, complaints received and benefits reported by both working breastfeeding mothers and employers.  (d) As used in this section:  (1) Employer means a person engaged in business who has one or more employees, including the state and any political subdivision of the state;  (2) Employee means any person engaged in service to an employer in the business of the employer;  (3) Reasonable efforts means any effort that would not impose an undue hardship on the operation of the employers business; and  (4) Undue hardship means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources and the nature and structure of its operation.  History of Section.P.L. 2003, ch. 53,  1; P.L. 2003, ch. 67,  1; P.L. 2008, ch. 475,  43. 
 23-13.3-1. Preamble to birth defects surveillance and information system. Whereas birth defects are a major cause of infants deaths and childhood disabilities; and whereas early recognition and response to birth defects often prevents more serious effects; and whereas the epidemiological patterns of specific birth defects may provide keys to improved birth outcomes. An active birth defects surveillance and information system is essential to developing programs and disseminating information that can reduce birth defects and infant mortality. An active birth defects surveillance and information system serves to:  (1) Describe occurrence of birth defects in the newborn and children up to five (5);  (2) Detect trends of morbidity and mortality, stimulate epidemiological research diminish the impact of birth defects and infant mortality;  (3) Identify newborns and children with birth defects to intervene on a timely basis for treatment.  History of Section.P.L. 2003, ch. 116,  1; P.L. 2003, ch. 183,  1; P.L. 2008, ch. 475,  44. 
 23-13.3-2. Definitions. (a) Birth defects means a physical or mental functional deficit or impairment resulting from one or more genetic or environmental causes detected in a newborn or before a childs fifth (5th) birthday.  (b) Council means the birth defects surveillance and information advisory council.  (c) Department means the Rhode Island department of health.  (d) Director means the director of the department of health.  History of Section.P.L. 2003, ch. 116,  1; P.L. 2003, ch. 183,  1. 
 23-13.3-3. Statewide birth defects surveillance and information system. (a) The director shall establish and implement not later than one year after passage of this act a statewide birth defects reporting, surveillance and information system for the collection of information concerning birth defects of newborns and spontaneous fetal deaths. The director shall establish the types of birth defects to be reported, reporting requirements and confidentiality standards.  (b) The director shall require the reporting of birth defects and the submission of any specified additional information on cases necessary and appropriate for the recognition of birth defects and to conduct epidemiological surveys of birth defects.  (c) The birth defects surveillance and information system shall maintain comprehensive records of all reports submitted pursuant to this section. These reports shall be confidential in accordance with chapter 37.3 of title 5 and subject to the restrictions on release incorporated in that chapter. Provided, however: (1) any such information shall be available only for the purposes of this chapter; and (2) any data requested for demographic or epidemiological studies shall be provided in a format without individually identifiable information.  (d) The department shall maintain a public listing of any nondepartmental employees who are given access to identifiable information in the surveillance and information system. The listing shall include: the name of the person authorizing access; the name, title and organizational affiliation of each person given access; the date of access; and the specific purpose for which the information was used.  (e) Nothing in this section shall be construed to compel any individual to submit to medical or department examination or supervision.  (f) The director shall make rules and regulations that are necessary to implement the provision of this section pursuant to chapter 35 of title 42.  (g) The department shall not require the reporting of information or entering of information into the birth defects surveillance and information system regarding birth defects of a child whose parents or legal guardian objects.  (h) Parents and/or guardians shall have the right to prohibit the release of individually identifiable information on their children from the birth defects surveillance and information system, and shall have the right to prohibit being contacted by the Birth Defects Surveillance Program.  (i) The department shall provide timely notification to parents and/or guardians of their rights under subsections (g) and (h).  History of Section.P.L. 2003, ch. 116,  1; P.L. 2003, ch. 183,  1. 
 23-13.3-4. Advisory council. (a) Not later than thirty (30) days after July 7, 2003, the director shall appoint a council to advise the department on the establishment and implementation of the birth defects reporting, surveillance and information system.  (b) The council shall recommend to the director a list of birth defects to be reported to the surveillance system.  (c) The council shall include not more than fifteen (15) persons who collectively bring the following expertise: (1) representative of the Childrens Cabinet; (2) health care services; (3) the Rhode Island March of Dimes and other community organizations concerned with birth defects; (4) parents of children with birth defects; and (5) the public.  (d) Members may serve for two (2) three (3) year terms. Terms for each appointee begin at the initial appointment date.  (e) Not later than thirty (30) days after the initial appointments are made the director shall convene the first meeting of the council. In consultation with and with the approval of the council, the director shall appoint, at the first meeting of the council, the chairperson and vice chairperson of the council from among the members of the council. The chairperson may call additional meetings, as the chairperson considers appropriate.  (f) The council may establish rules of procedure as necessary to facilitate the councils orderly conduct of business.  (g) Council members shall serve without compensation.  History of Section.P.L. 2003, ch. 116,  1; P.L. 2003, ch. 183,  1; P.L. 2008, ch. 475,  44. 
 23-13.3-5. Reports. Three (3) years after the date a birth defects surveillance and information system is implemented the department shall submit the first annual report to the governor, the general assembly, the Childrens Cabinet and the Interagency Coordinating Council. The report shall describe the findings of the first years reporting and set forth the councils recommendations for the betterment of the birth defects surveillance and information system. In addition, the council shall make recommendations to the appropriate state agencies whenever it considers the recommendations to be necessary.  History of Section.P.L. 2003, ch. 116,  1; P.L. 2003, ch. 183,  1. 
 23-13.4-1. Legislative findings. The legislature finds and declares all of the following: (1) Chemicals known as brominated flame retardants (BFRs) are widely used in Rhode Island. To meet stringent fire standards, manufacturers add BFRs to a multitude of products, including plastic housing of electronics and computers, circuit boards, and the foam and textiles used in furniture.  (2) Polybrominated diphenyl ether (PBDE), which is a subcategory of BFRs, has increased fortyfold in human breast milk since the 1970s.  (3) PBDE has the potential to disrupt thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities. PBDE may also have the potential to cause cancer.  (4) Substantial efforts to eliminate BFRs from products have been made throughout the world, including private and public sectors. These efforts have made available numerous alternatives safe to human health while meeting stringent fire standards. To meet market demand, it is in the interest of Rhode Island manufacturers to eliminate the use of BFRs.  (5) In order to protect the public health and the environment, the legislature believes it is necessary for the state to develop a precautionary approach regarding the production, use, storage, and disposal of products containing brominated fire retardants.  History of Section.P.L. 2006, ch. 591,  1; P.L. 2008, ch. 475,  45. 
 23-13.4-2. Definitions. For purposes of this chapter, the following words shall have the following meanings: (1) DecaBDE means decabromodiphenyl ether.  (2) OctaBDE means octabrominated diphenyl ether or any technical mixture in which octabrominated diphenyl ether is a predominate congener.  (3) PBDE means polybrominated diphenyl ether.  (4) PentaBDE means pentabrominated diphenyl ether or any technical mixture in which pentabrominated diphenyl ether is a predominate congener including, but not limited to, metal furniture, machinery, major appliances, electronic products, and wood-burning stoves.  History of Section.P.L. 2006, ch. 591,  1; P.L. 2008, ch. 475,  45. 
 23-13.4-3. Manufacturing, processing or distribution. (a) Effective January 1, 2007, a person may not manufacture, process, or distribute in commerce a product or a flame-retardant part of a product containing more than one-tenth (1/10%) of one percent (1%) of pentaBDE or octaBDE.  (b) Subsection (a) of this section does not apply to the following:  (1) The sale by a business, charity, or private party of any used product containing PBDE.  (2) The distribution in commerce of original equipment manufacturer replacement service parts manufactured prior to July 14, 2006.  (3) The processing of recycled material containing pentaBDE or octaBDE in compliance with applicable state and federal laws.  (4) Use of products containing small quantities of PBDEs that are produced or used or used for scientific research on the health or environmental effects of PBDEs.  History of Section.P.L. 2006, ch. 591,  1; P.L. 2008, ch. 475,  45. 
 23-13.4-4. DecaBDE study. By January 2, 2007, the department of environmental management shall submit to the general assembly a report that reviews the latest available scientific research to address the following issues:  (1) Whether decaBDE is bio-accumulating in humans and the environment, and if so, whether the levels of decaBDE are increasing, decreasing, or staying the same;  (2) How are humans exposed to decaBDE;  (3) What health effects could result from exposure to decaBDE, and are current levels of exposure at levels that could produce these effects;  (4) Whether decaBDE breaks down into more harmful chemicals that could damage public health; and  (5) Whether effective flame retardants are available for decaBDE uses, and whether the use of available alternatives reduce health risks while still maintaining an adequate level of flame retardant performance.  History of Section.P.L. 2006, ch. 591,  1; P.L. 2008, ch. 475,  45. 
 23-13.4-5. Review of decaBDE Study. By February 28, 2007, the department of health shall submit to the general assembly a report that reviews the department of environmental managements decaBDE study. In addition to a review of any public health implications the department of health believes would result from exposure to decaBDE, it shall also comment on the following:  (1) The known exposure pathways for humans to decaBDE;  (2) What scientific evidence exists to demonstrate that decaBDE breaks down into other chemicals that could pose public health concerns; and  (3) What research and analysis exists on the potential human health effects of flame retardants that could be used as alternative to decaBDE.  History of Section.P.L. 2006, ch. 591,  1; P.L. 2008, ch. 475,  45. 
 23-13.4-6. Transportation of products containing PBDEs. Nothing in this chapter restricts a manufacturer, importer, or distributor from transporting products containing PBDEs through this state or storing PBDEs in this state for further distribution.  History of Section.P.L. 2006, ch. 591,  1. 
 23-13.5-1. Breastfeeding in public places. A woman may feed her child by bottle or breast in any place open to the public. History of Section.P.L. 2008, ch. 223,  1; P.L. 2008, ch. 308,  1. 
 23-13.5-2. Remedies. In any civil action alleging a violation of this chapter, the court may: (1) Afford injunctive relief against any person, entity or public accommodation that commits or proposes to commit a violation of this chapter; and  (2) Award compensatory damages and reasonable attorneys fees and costs to a prevailing plaintiff.  History of Section.P.L. 2008, ch. 223,  1; P.L. 2008, ch. 308,  1. 
 23-13.6-1. Short title. This chapter shall be known and may be cited as the Lactation Consultant Practice Act of 2014.  History of Section.P.L. 2014, ch. 420,  1; P.L. 2014, ch. 444,  1. 
 23-13.6-2. Definitions. As used in this chapter, the following words and terms shall have the following meanings: (1) Lactation consultant means a healthcare professional who specializes in the clinical management of breastfeeding.  History of Section.P.L. 2014, ch. 420,  1; P.L. 2014, ch. 444,  1. 
 23-13.6-3. Licensing and regulation of lactation consultants. The director of health is authorized and directed to formulate, promulgate, amend, and repeal procedures, rules, and regulations for the following:  (1) The licensing of lactation consultants;  (2) Standards and specifications for education, knowledge, and experience required for licensure as a lactation consultant. In establishing these requirements, the director shall give due consideration to criteria established by the International Board of Lactation Consultant Examiners (IBLCE), or other national standards established by professional societies with expertise in the training and certification of lactation consultants;  (3) Establishment of a minimum standard of care for providing lactation care and services;  (4) Establishment of a nonrefundable application fee and license renewal fee. All fees collected pursuant to this chapter shall be deposited as general revenues;  (5) Any other rule or regulation deemed necessary by the director of health to carry out the provisions of this chapter, provided that no rule or regulation shall take effect until it has been promulgated in accordance with the provisions of chapter 35 of title 42 (the Administrative Procedures Act).  History of Section.P.L. 2014, ch. 420,  1; P.L. 2014, ch. 444,  1. 
 23-13.6-4. Persons and practices exempt. (a) Nothing in this chapter shall be construed to prevent qualified members of other professions or other occupations or volunteers from performing functions consistent with the accepted standards of their respective professions; provided, however, that they do not hold themselves out to the public by any title or description stating or implying that they are lactation consultants licensed to practice clinical lactation care and services.  (b) Nothing in this chapter shall be construed to prevent the practice of lactation care and services by students, interns, or persons preparing for practice under the qualified supervision of a licensee.  (c) Lactation care and services provided through the Federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) program shall be considered exempt.  History of Section.P.L. 2014, ch. 420,  1; P.L. 2014, ch. 444,  1. 
 23-13.6-5. Enforcement. (a) This chapter shall be enforced by the director of health and he or she shall be exempt from the requirements of providing surety for costs.  (b) Any person who violates the provisions of this chapter, or who violates any of the rules and regulations of the department of health made in pursuance of this chapter, shall be fined not more than one thousand dollars ($1,000), and the director of health may suspend or revoke the license issued to any person when, in the opinion of the director of health, that person is found to have engaged in unprofessional conduct.  (c) Except as otherwise provided in this chapter, the inspection, enforcement, and penalties for violations of the provisions of this chapter, or the rules and regulations of the department of health made pursuant to this chapter, shall be in accordance with the provisions and procedures set forth in  23-1-19 through 23-1-25.  (d) The powers and functions vested in the department of health under the provisions of this chapter shall not be construed to affect, in any manner, the powers, duties, and functions vested in the department of health under any other provisions of the general laws.  History of Section.P.L. 2014, ch. 420,  1; P.L. 2014, ch. 444,  1. 
 23-13.6-6. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.  History of Section.P.L. 2014, ch. 420,  1; P.L. 2014, ch. 444,  1. 
 23-13.7-1. Short title. This chapter may be known and may be cited as The Rhode Island Family Home-Visiting Act.  History of Section.P.L. 2016, ch. 23,  1; P.L. 2016, ch. 28,  1. 
 23-13.7-2. Home-visiting system components. (a) The Rhode Island department of health shall coordinate the system of early childhood home-visiting services in Rhode Island and shall work with the department of human services and department of children, youth and families to identify effective, evidence-based, home-visiting models that meet the needs of vulnerable families with young children.  (b) The Rhode Island department of health shall implement a statewide home-visiting system that uses evidence-based models proven to improve child and family outcomes. Evidence-based, home-visiting programs must follow with fidelity a program model with comprehensive standards that ensure high-quality service delivery, use research-based curricula, and have demonstrated significant positive outcomes in at least two (2) of the following areas:  (1) Improved prenatal, maternal, infant, or child health outcomes;  (2) Improved safety and reduced child maltreatment and injury;  (3) Improved family economic security and self-sufficiency;  (4) Enhanced early childhood development (social-emotional, language, cognitive, physical) to improve childrens readiness to succeed in school.  (c) The Rhode Island department of health shall implement a system to identify and refer families prenatally, or as early after the birth of a child as possible, to voluntary, evidence-based, home-visiting programs. The referral system shall prioritize families for services based on risk factors known to impair child development, including:  (1) Adolescent parent(s);  (2) History of prenatal drug or alcohol abuse;  (3) History of child maltreatment, domestic abuse, or other types of violence;  (4) Incarcerated parent(s);  (5) Reduced parental cognitive functioning or significant disability;  (6) Insufficient financial resources to meet family needs;  (7) History of homelessness; or  (8) Other risk factors as determined by the department.  (d) Beginning on or before October 1, 2016, and annually thereafter, the Rhode Island department of health shall issue a state home-visiting report that outlines the components of the states family home-visiting system that shall be made publicly available on the departments website. The report shall include:  (1) The number of families served by each evidence-based model; and  (2) Demographic data on families served; and  (3) Duration of participation of families; and  (4) Cross-departmental coordination; and  (5) Outcomes related to prenatal, maternal, infant and child health, child maltreatment, family economic security, and child development and school readiness; and  (6) An annual estimate of the number of children born to Rhode Island families who face significant risk factors known to impair child development, and a plan including the fiscal costs and benefits to gradually expand access to the existing evidence-based, family home-visiting programs in Rhode Island to all vulnerable families.  (e) State appropriations for this purpose shall be combined with federal dollars to fund the expansion of evidence-based, home-visiting programs, with the goal of offering the program to all the states pregnant and parenting teens; families with a history of involvement with the child welfare system; and other vulnerable families.  History of Section.P.L. 2016, ch. 23,  1; P.L. 2016, ch. 28,  1; P.L. 2017, ch. 208,  1; P.L. 2017, ch. 252,  1. 
 23-13-1. Acceptance of federal act  Administration and purpose of program. (a) The state accepts the provisions of Title V, relative to maternal and child health services, of an act passed by the congress of the United States, entitled the Social Security Act, approved August 14, 1935, and as subsequently amended, 42 U.S.C.  701 et seq., and designates the state department of health as the state agency for administering in Rhode Island the provisions of Title V of the Social Security Act relative to maternal and child health services.  (b) The state department of health shall administer a program of ambulatory health services for mothers and children and shall supervise the administration of those services included in the program which are not directly administered by the department. The purposes of those programs shall be: to reduce maternal and infant mortality, to reduce the incidence and prevalence of preventable diseases and disabling conditions among children, to reduce the need for inpatient and long-term care services, to increase the number of children (especially low income children) receiving immunization, health assessment, diagnostic, and treatment services, to develop, extend, and improve ambulatory health services to locate, diagnose, care for, and rehabilitate children with disabling conditions, and otherwise preserve, protect, and promote the health of mothers and children. The director of health is authorized to promulgate rules and regulations that may be necessary to carry into effect the provisions of this section.  History of Section.P.L. 1937, ch. 2481,  1; G.L. 1938, ch. 271,  2; impl. am. P.L. 1939, ch. 660,  65, 180; G.L. 1956,  23-13-1; P.L. 1982, ch. 390,  3; P.L. 1999, ch. 83,  46; P.L. 1999, ch. 130,  46. 
 23-13-10. Complaints for violations. Complaints for violation of the provisions of  23-13-9 shall be made by the director of the state department of health or by any one authorized by the director, and persons making a complaint under the authority of  23-13-9 shall be exempted from giving surety for costs on the complaint.  History of Section.G.L. 1909, ch. 115,  17; P.L. 1918, ch. 1634,  1; G.L. 1923, ch. 153,  17; G.L. 1938, ch. 255,  14; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-13-10. 
 23-13-11. Repealed.
 23-13-12. Repealed.
 23-13-13. Testing for hearing impairments. (a) It is declared to be the public policy of this state that every newborn infant be evaluated by procedures approved by the state department of health for the detection of hearing impairments, in order to prevent many of the consequences of these disorders. No hearing impairment test shall be made as to any newborn infant if the parents of that child object to the test on the grounds that a hearing impairment test would conflict with their religious tenets or practices.  (b) The physician attending a newborn child shall cause the child to be subject to hearing impairment tests as described in department of health regulations.  (c) In addition, the department of health is authorized to establish by rules and regulations a reasonable fee structure for hearing impairment testing to cover program costs not otherwise covered by federal grant funds specifically secured for this purpose. This testing shall be a covered benefit reimbursable by all health insurers, as defined in  27-38.2-2(1) except for supplemental policies that only provide coverage for specific diseases, hospital indemnity, Medicare supplement, or other supplemental policies. The department of human services shall pay for hearing impairment testing when the patient is eligible for medical assistance under the provisions of chapter 8 of title 40. In the absence of a third party payor the charges for hearing impairment testing shall be paid by the hospital or other health care facility where the birth occurred. Nothing in this section shall preclude the hospital or health care facility from billing the patient directly. Those fees shall be deposited into a restricted receipt account entitled the newborn screening account.  (d) There is created a hearing impairments testing advisory committee which shall advise the director of the department of health regarding the validity and cost of testing procedures. That advisory committee shall:  (1) Meet at least four (4) times per year;  (2) Be chaired by the director or his or her designee;  (3) Be composed of seven (7) members appointed by the director from the following professions or organizations:  (i) A representative of the health insurance industry;  (ii) A pediatrician, designated by the R.I. chapter of the American Academy of Pediatrics;  (iii) An audiologist, designated by the R.I. chapter of the American Speech and Hearing Association;  (iv) Two (2) representatives of hospital neonatal nurseries;  (v) A representative of special education designated by the department of elementary and secondary education; and  (vi) The director of health or his or her designee.  History of Section.P.L. 1979, ch. 174, art. 15,  1; P.L. 1992, ch. 185,  1; P.L. 1995, ch. 370, art. 40,  61; P.L. 1996, ch. 404,  28; P.L. 2008, ch. 100, art. 28,  4; P.L. 2008, ch. 475,  42. 
 23-13-14. Newborn screening program. (a) The physician attending a newborn child shall cause that child to be subject to newborn screening tests for metabolic, endocrine, and hemoglobinopathy disorders, and other conditions for which there is a medical benefit to the early detection and treatment of the disorder, and an assessment for developmental risk. The department of health shall make rules and regulations pertaining to screenings, diagnostic, and treatment services as accepted medical practice shall indicate. The rules and regulations shall include, at a minimum, newborn screening tests for all disorders and conditions for which there is a medical benefit to the early detection and treatment of the disorder or condition listed in the current version of the federal Recommended Uniform Screening Panel (RUSP) issued by the Secretary of the U.S. Department of Health and Human Services, and shall include newborn screening tests for all new disorders or conditions for which there is a medical benefit to the early detection and treatment of the disorder or condition added to the federal RUSP within two (2) years after the disorder or condition is added; provided, if the director of health determines in writing that it is not practicable to include a new disorder or condition within two (2) years, the time period may be extended for the shortest amount of time necessary, as determined by the director. The provisions of this section shall not apply if the parents of the child object to the tests on the grounds that those tests conflict with their religious tenets and practices.  (b) In addition, the department of health is authorized to establish by rule and regulation a reasonable fee structure for the newborn screening and disease control program, which includes but is not limited to, screening, diagnostic, and treatment services. The program shall be a covered benefit and be reimbursable by all health insurers, as defined in  27-38.2-2, providing health insurance coverage in Rhode Island except for supplemental policies that only provide coverage for specific diseases, hospital indemnity Medicare supplements, or other supplemental policies. The department of human services shall pay for the program where the patient is eligible for medical assistance under the provisions of chapter 8 of title 40. The charges for the program shall be borne by the hospitals or other healthcare facilities where births occur in the absence of a third-party payor. Nothing in this section shall preclude the hospital or healthcare facility from billing the patient directly.  (c) There is created within the general fund a restricted receipt account to be known as the newborn screening account to implement the provisions of  23-13-13 and 23-13-14. All funds received pursuant to  23-13-13 and 23-13-14 shall be deposited in the account. Funding dedicated exclusively to implement the provisions of  23-13-13 and 23-13-14 and received by the department of health from sources other than those identified in  23-13-13 and 23-13-14 may also be deposited in the newborn screening account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.  History of Section.P.L. 1987, ch. 276,  2; P.L. 1988, ch. 285,  1; P.L. 1995, ch. 110,  1; P.L. 1995, ch. 370, art. 40,  61; P.L. 2001, ch. 63,  1; P.L. 2001, ch. 213,  1; P.L. 2004, ch. 6,  11; P.L. 2008, ch. 100, art. 28,  4; P.L. 2011, ch. 211,  1; P.L. 2011, ch. 247,  1; P.L. 2021, ch. 359,  1, effective January 1, 2022; P.L. 2021, ch. 360,  1, effective January 1, 2022. 
 23-13-15. Repealed.
 23-13-16.1. Maternity patients informational pamphlet. (a) The director of health shall require that each hospital submit to the department statistics relating to the annual rate of caesarean sections, primary and repeat;  (b) A pamphlet shall be prepared annually by each hospital listing the statistics stated in subsection (a), and that pamphlet shall be presented in a three (3) year aggregate with each of the years included in the aggregate listed separately;  (c) The director of health shall require each hospital to distribute to each prospective maternity patient prior to treatment (in other than a medical emergency), and upon request, to the general public, that maternity informational pamphlet.  (d) Notwithstanding the provisions of subsection (b), the informational pamphlet for the first (1st) and second (2nd) year after January 1, 1989 need only contain statistical information in a one or two (2) year aggregate, respectively.  History of Section.P.L. 1988, ch. 205,  1. 
 23-13-16. Annual maternal and child health report. The department of health shall prepare and issue an annual report on the status of maternal and child health in this state. The report shall include, but need not be limited to, the following: (1) a statistical review and analysis of indicators of maternal and child health, such as low birthweights and infant mortality, including a discussion of any trends revealed by those statistics; (2) a summary of peer reviews of pregnancy-related and early childhood deaths occurring during the previous year; (3) identification of groups of mothers and children at high risk for morbidity and mortality; (4) identification of barriers to adequate maternal and child health care; (5) information regarding both government-funded and third party reimburse maternal and child health care services; and (6) recommendations to strengthen state efforts to improve pregnancy outcomes and to promote effective and coordinated maternal and child health care services. The report shall be submitted to the governor and the general assembly by January 15th of each year and shall be made available to the public.  History of Section.P.L. 1987, ch. 303,  1. 
 23-13-17. Special supplemental food program for women, infants, and children (WIC). (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.  History of Section.P.L. 1987, ch. 382,  1; P.L. 1991, ch. 156,  1; P.L. 2001, ch. 86,  69; P.L. 2008, ch. 475,  42. 
 23-13-18. Repealed.
 23-13-19. Human immunodeficiency virus (HIV) testing. (a) Every physician or healthcare provider attending any person for prenatal care or family planning services shall include HIV screening consistent with the provisions of chapter 23-6.3.  (b) through (i) [Deleted by P.L. 2009, ch. 196,  6 and P.L. 2009, ch. 289,  6].  History of Section.P.L. 1988, ch. 405,  4; P.L. 2000, ch. 171,  3; P.L. 2006, ch. 599,  6; P.L. 2007, ch. 170,  2; P.L. 2007, ch. 279,  2; P.L. 2009, ch. 196,  6; P.L. 2009, ch. 289,  6. 
 23-13-2. Acceptance of gifts. (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.  History of Section.P.L. 1937, ch. 2481,  2; G.L. 1938, ch. 271,  3; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-13-2. 
 23-13-20. Coordination of community-based family life and sex education. (a) The director of health, with the consultation from the commissioner of elementary and secondary education, the director of human services, the Family Life Center at the Community College of Rhode Island, and the director of the department of children, youth, and families, is authorized to establish a family life and sex education coordination program to assist in the establishment of community networks of educators, counselors, and health and human service providers in the maternal and child health planning areas of the state with high rates of teenage pregnancy. The epidemic of teenage pregnancy is, in part, a result of a deteriorating quality of family life reflected in high divorce rates, confusion between love and sex, and increasing reports of isolation and hopelessness. This community-based approach can address the problem of teenage pregnancy created by the demographic, economic, and cultural phenomena that have dramatically changed both the definition and the role of the family. This program shall include counseling in substance abuse prevention.  (b) It is the intent of the general assembly that the complex social problem of teenage pregnancy be addressed by the thoughtful orchestration of community institutions and interest groups to support a sound school program designed both to enhance the personal competence and self-esteem of youth, and improve parent skills in providing explicit sexuality education in the home.  History of Section.P.L. 1988, ch. 414,  1; P.L. 1990, ch. 79,  1. 
 23-13-21. Comprehensive reproductive health services. (a) The director of health is authorized and directed to establish a payor of last resort program to cover the cost of outpatient family planning counseling and comprehensive reproductive health services for men and women who are ineligible for Medicaid, lack health insurance coverage for these services, and whose familys income is between one hundred percent (100%) and one hundred eighty-five percent (185%) of the federal poverty level. The director shall promulgate regulations to implement this program. These regulations shall include: specific eligibility criteria, scope and standards for services to be covered, mechanisms for administration, and service delivery.  (b) It is the intent of the general assembly that the following services be provided through this program:  (1) Patient education and counseling on options for timing and spacing pregnancy;  (2) Comprehensive medical services to prevent and control the spread of sexually transmitted diseases;  (3) Access to safe and effective methods of contraception.  (c) Excluded services will include but not be limited to elective abortion, elective hysterectomy, infertility related services, and other non-family planning procedures. No funds shall be expended to support school-based clinics dispensing contraceptive methods.  History of Section.P.L. 1988, ch. 414,  1. 
 23-13-22. Early intervention program for developmentally disabled infants. (a) The director of the department of human services shall ensure that all developmentally disabled infants from birth to three (3) years of age shall be enrolled in the early intervention program. Regulations governing the delivery of services under this program, including eligibility criteria, shall be promulgated by the department of human services, with the advice of the interagency coordinating council; provided, however, that all regulations promulgated by the department of health shall remain in full force and effect until the time they are replaced by regulations promulgated by the department of human services. The regulations shall stipulate, at a minimum, the following provisions that are consistent with the intent of this chapter:  (1) The director shall develop and maintain a procedure for the earliest possible identification and efficient referral of all developmentally disabled infants;  (2) The director shall ensure that every infant identified and referred to this program is enrolled as soon as possible after birth; and further, that for infants placed on a waiting list for facility based group programming, an early intervention program shall be made available within a thirty (30) day period from the time a need is identified in the individual program plan;  (3) Unless parents refuse the service, the home visiting component of the program shall commence as soon as the infant has been identified as having a possible developmental disability;  (4) Any parent(s) who is/are dissatisfied with decisions or termination of service or with practices and procedures of a particular agency or the department of human services shall notify the director of the department of human services in writing within thirty (30) calendar days and the complaint shall be reviewed in accordance with department of health policy and procedures, as amended, and the Administrative Procedures Act, chapter 35 of title 42.  (5) An early intervention program for purposes of this section shall mean a comprehensive array of educational, developmental, health, and social services provided on a calendar year basis to eligible infants, children, and their families as specified in program regulations.  (b) Within ninety (90) days after October 1, 2004, an evaluation plan describing outcome measures that document the programs successes and shortcomings from the previous fiscal year shall be submitted to the speaker of the house of representatives, the president of the senate and the house oversight committee and the governor and the interagency coordinating council. Development of the plan shall be made in consultation with the entities with expertise in this area and the interagency coordinating council. The plan shall include a memorandum of understanding between the department of health, department of human services and the department of elementary and secondary education that demonstrates coordination and continuity of early intervention services among these departments.  (c) Within six (6) months after January 1, 2005 where prescribed outcomes documented in the evaluation plan have not been accomplished the responsible agencies shall submit written explanations for the shortfalls, together with their proposed remedies. The report shall also include evaluation of the progress of the coordination efforts between the department of health and the department of human services and the department of elementary and secondary education and the interagency coordinating council and shall include any recommendations regarding modifications of the reimbursement mechanisms of this chapter.  (d) Within twelve (12) months after August 1, 2005 a final report shall include the progress of the coordination efforts between the department of health and the department of human services and department of elementary and secondary education, interagency coordinating council and shall include any recommendations regarding modifications to the comprehensive array of educational, developmental, health and social services provided on a calendar year basis to eligible infants, children and their families as specified in an early intervention system.  (e) All reports or documents required to be produced pursuant to 20 U.S.C.  1471 et seq., shall be submitted to the speaker of the house, president of the senate and the chairpersons of the appropriate house of representatives and senate oversight committees and the governor and the interagency coordinating council. Adherence to such plans and reporting requirements, and budgets and the timely achievement of goals contained therein shall be considered by the oversight committees of the house of representatives and senate, among other relevant factors, in determining appropriations or other systemic changes.  History of Section.P.L. 1991, ch. 243,  3; P.L. 2004, ch. 595, art. 42,  1; P.L. 2004, ch. 598,  1; P.L. 2008, ch. 475,  42. 
 23-13-23. Interagency coordinating council. 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.  History of Section.P.L. 1991, ch. 243,  3; P.L. 2001, ch. 86,  69; P.L. 2008, ch. 475,  42. 
 23-13-24. Recommendations of the council. The interagency coordinating council shall offer recommendations for the betterment of the delivery of early intervention services to the appropriate state agencies and the general assembly whenever necessary.  History of Section.P.L. 1991, ch. 243,  3. 
 23-13-25. Powers of council cumulative. The powers and authority of the interagency coordinating council, as stated in this chapter, are in addition to and not in lieu of the powers and authority of any other state agency, department, or division.  History of Section.P.L. 1991, ch. 243,  3. 
 23-13-26. Technology-dependent children  Definitions  Caretakers skills. (a) For the purposes of this section, the following definitions apply:  (1) Advanced skills means familiarity and current experience with the following:  (i) Pediatric intensive care assessments skills;  (ii) Ventilator and respirator equipment;  (iii) Maintenance in oxygen therapy and pulse oximeter equipment;  (iv) Tracheostomy care  daily and emergency care;  (v) Respiratory suctioning and maintenance of suctioning equipment;  (vi) Administration of respiratory treatment and chest therapy;  (vii) Gastrostomy and naso-gastric care and gavage/pump feedings;  (viii) Administration and familiarity of multiple cardiopulmonary medications; and  (ix) Basic life support certification and periodic recertification.  (2) Medical devices or equipment include, but are not limited to, the following:  (i) Respirator;  (ii) Tracheostomy;  (iii) Oxygen;  (iv) Naso-gastric or gastrostomy tube;  (v) Indwelling catheter;  (vi) Intravenous device;  (vii) Total parenteral nutritional support; and  (viii) Peritoneal or hemodialysis.  (3) Technology-dependent children means:  (i) Children who have severe, chronic disabilities attributable to a mental or physical impairment or combination of mental and physical impairments, which disability is manifested before the person attains the age of twenty-two (22), is likely to continue indefinitely, results in substantial functional limitations in three (3) or more of the following areas of major life activity:  (A) Self-care;  (B) Receptive and expressive language;  (C) Learning;  (D) Mobility;  (E) Self-direction;  (F) Capacity for independent living; or  (G) Economic self-sufficiency; and  (ii) Who requires medical devices or equipment to compensate for the chronic, persistent reduction or absence of a vital body function.  (b) Certified school nurse teachers, as defined in  16-21-8, who provide direct care for technology-dependent children shall have advanced skills which include, but are not limited to, those skills in subsection (a)(1) of this section.  (c) The specific guidelines for the care of technology-dependent children in schools shall be included in the rules and regulations issued jointly by the director of the department of health and the board of regents for elementary and secondary education under the provisions of U.S. Public Law 108-446, 20 U.S.C.  1400 et seq., and chapter 24 of title 16 as part of the school health program.  (d) Nothing in  16-11-2 shall be construed to prevent the board of regents from promulgating regulations requiring certified nurse teachers who provide direct care for technology-dependent children to obtain the advanced skills required under this section.  (e) The obligation of a school district to provide the services set forth in this section shall be determined in accordance with other applicable state and federal laws and regulations.  History of Section.P.L. 1992, ch. 340,  1; P.L. 2008, ch. 475,  42. 
 23-13-3. Appropriations by cities and towns. Any city or town may annually appropriate a sum to be expended for the promotion of the welfare and hygiene of maternity and infancy in that city or town, under the supervision of and in cooperation with the state department of health, and that city or town may provide that any appropriation may be expended by the state department of health or under the joint supervision of the department and an officer or agent appointed by that city or town to co-operate with the department in carrying out the purposes of the appropriation.  History of Section.G.L. 1923, ch. 47,  26; P.L. 1927, ch. 1055,  1; G.L. 1938, ch. 329,  32; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-13-3. 
 23-13-4. Ophthalmia neonatorum  Definition  Treatment. (a) Any diseased condition of the eye or eyes of an infant in which there is inflammation, redness, swelling, or any unnatural discharge at any time within two (2) weeks after birth shall, for the purpose of  23-13-4  23-13-8 be deemed to be ophthalmia neonatorum.  (b) It shall be the duty of the physician, nurse, or midwife attending the birth of an infant immediately after the birth to treat the eyes of that infant with any approved prophylactic remedy as may be recommended by the department of health.  (c) For the purpose of  23-13-4  23-13-8, midwives, who previously have not been permitted to use medical agents under any conditions, may employ the approved prophylactic of the department of health with the consent of the parent or guardian.  History of Section.G.L. 1909, ch. 343,  25; P.L. 1914, ch. 1081,  1; P.L. 1918, ch. 1641,  1; P.L. 1919, ch. 1757,  1; G.L. 1923, ch. 395,  25; G.L. 1938, ch. 606,  24; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-13-4; P.L. 1979, ch. 199,  1. 
 23-13-5. Advice to parents concerning ophthalmia neonatorum. It shall be the duty of physicians, midwives, and any other persons that may be lawfully engaged in the practice of obstetrics or assisting at childbirths to inform parents or guardians of the serious nature and consequences of this disease and to advise the use of prophylactic measures designated by the department of health.  History of Section.G.L. 1909, ch. 343,  25; P.L. 1918, ch. 1641,  1; P.L. 1919, ch. 1757,  1; G.L. 1923, ch. 395,  25; G.L. 1938, ch. 606,  24; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-13-5. 
 23-13-6. Reports of ophthalmia neonatorum. It shall be the duty of any physician, midwife, nurse, parent, or other person or persons assisting any woman in childbirth or assisting in the care of any infant to report within twelve (12) hours after noting any case of ophthalmia neonatorum coming to his or her attention to the department of health.  History of Section.G.L. 1896, ch. 277,  24; G.L. 1909, ch. 343,  25; P.L. 1914, ch. 1081,  1; P.L. 1918, ch. 1641,  1; P.L. 1919, ch. 1757,  1; G.L. 1923, ch. 395,  25; G.L. 1938, ch. 606,  24; G.L. 1956,  23-13-6. 
 23-13-7. Investigation of cases  Enforcement of provisions  Publication of information  Reports to attorney general. It shall be the duty of the department of health to: (1) Investigate each case of ophthalmia neonatorum;  (2) Enforce the provisions of  23-13-4  23-13-8;  (3) Publish and distribute information concerning the dangers and prevention of ophthalmia neonatorum; and  (4) Bring all violations of the law to the attorney general, whether occasioned by the failure of the physician, nurse, midwife, parent, or other person or persons assisting in childbirth or in the care of infants, to report the violations.  History of Section.G.L. 1909, ch. 343,  26; P.L. 1914, ch. 1081,  2; P.L. 1918, ch. 1641,  2; G.L. 1923, ch. 395,  26; P.L. 1930, ch. 1590,  2; G.L. 1938, ch. 606,  25; impl. am. P.L. 1939, ch. 660,  180; impl. am. P.L. 1951, ch. 2724,  2; G.L. 1956,  23-13-7; P.L. 1979, ch. 199,  1. 
 23-13-8. Violations pertaining to ophthalmia neonatorum. The failure of any person mentioned in  23-13-4  23-13-7 to report any and all cases of ophthalmia neonatorum, as directed in this chapter, or the failure or refusal of any person or institution mentioned in 23-13-4  23-13-7, to obey any rule or regulation adopted by the department of health under this chapter, shall constitute a misdemeanor, and upon conviction, shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100), or imprisoned for not less than ten (10) days nor more than six (6) months, or both.  History of Section.G.L. 1896, ch. 277,  26; G.L. 1909, ch. 343,  27; P.L. 1918, ch. 1641,  2; G.L. 1923, ch. 395,  27; P.L. 1930, ch. 1590,  2; G.L. 1938, ch. 606,  26; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-13-8. 
 23-13-9. Licensing and regulation of midwives  Penalty for violations. 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 departments 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.  History of Section.G.L. 1909, ch. 115,  16; P.L. 1918, ch. 1634,  1; G.L. 1923, ch. 153,  16; G.L. 1938, ch. 255,  13; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-13-9; P.L. 1988, ch. 554,  1; P.L. 1997, ch. 30, art. 28,  7; P.L. 1999, ch. 89,  1; P.L. 2015, ch. 159,  1; P.L. 2015, ch. 181,  1. 
 23-14.1-1. Legislative findings. The general assembly finds that: (1) It is the right of every citizen of the state to have ready access to quality health care; and  (2) Health care facilities serving the poor, including community health centers throughout the state, are experiencing increasing difficulty in attracting and retaining physicians and other health professionals to administer to the needy populations they serve. Therefore, it is the general assemblys intent to provide incentives, in the form of loan repayment, to physicians, dentists, dental hygienists, nurse practitioners, certified nurse midwives, physician assistants and any other eligible health care professional under  338A of the Public Health Service Act, 42 U.S.C.  254l, who desire to serve the health care needs of medically underserved individuals in Rhode Island.  History of Section.P.L. 1993, ch. 191,  1. 
 23-14.1-10. Severability. The provisions of this chapter are severable. If any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.  History of Section.P.L. 1993, ch. 191,  1. 
 23-14.1-11. Appropriation. The general assembly shall annually appropriate one hundred thousand dollars ($100,000) for the purpose of repayment of health education loans as outlined in this bill. Those funds shall be taken from the department of health appropriation for the governors childrens health initiative, (RIte Track program). Funds in this account shall be used only for the purpose of repayment of health education loans as outlined in this chapter. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much of it as may be required from time to time, upon the receipt to him or her of duly authenticated vouchers. Implementation of this program is contingent upon the appropriation of the required resources.  History of Section.P.L. 1993, ch. 191,  1. 
 23-14.1-2. Definitions. For the purpose of this chapter, the following words and terms have the following meanings unless the context clearly requires otherwise:  (1) Board means the health professional loan repayment board.  (2) Commissioner means the commissioner of postsecondary education.  (3) Community health center means a healthcare facility as defined and licensed under chapter 17 of this title.  (4) Division means the Rhode Island division of higher education assistance.  (5) Eligible health professional means a physician, dentist, dental hygienist, nurse practitioner, certified nurse midwife, physician assistant, or any other eligible healthcare professional under  338A of the Public Health Service Act, 42 U.S.C.  254l, licensed in the state who has entered into a contract with the board to serve medically underserved populations.  (6) Loan repayment means an amount of money to be repaid to satisfy loan obligations incurred to obtain a degree or certification in an eligible health profession as defined in subdivision (5).  History of Section.P.L. 1993, ch. 191,  1; P.L. 2015, ch. 141, art. 7,  11. 
 23-14.1-3. Health professional loan repayment program established. There is established within the division, to be administered by the commissioner, the health professional loan repayment program whose purpose shall be to provide loan repayment to eligible health professionals to defray the cost of their professional education.  History of Section.P.L. 1993, ch. 191,  1; P.L. 2015, ch. 141, art. 7,  11. 
 23-14.1-4. Health professional loan repayment board. (a) There is created the health professional loan repayment board, which shall consist of the director of the department of health and eight (8) members appointed by the governor with the advice and consent of the senate. The governor shall give due consideration to any recommendations for nominations submitted to him or her by the Rhode Island Medical Society; the Rhode Island Dental Association; the Rhode Island Health Center Association; the dean of the Brown University Medical School; the dean of the College of Nursing at the University of Rhode Island; the Rhode Island State Nurses Association; the Hospital Association of Rhode Island; the Rhode Island division of higher education assistance. All appointed members shall serve for terms of three (3) years and shall receive no compensation for their services. Board members shall be eligible to succeed themselves.  (b) The director of the department of health shall serve as chairperson. The board shall elect such other officers as it deems necessary from among its members. All meetings shall be called by the chairperson.  (c) Members of the board shall be removable by the governor pursuant to the provisions of  36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.  History of Section.P.L. 1993, ch. 191,  1; P.L. 1995, ch. 58,  1; P.L. 2001, ch. 180,  42; P.L. 2006, ch. 103,  2; P.L. 2006, ch. 144,  2; P.L. 2007, ch. 310,  1; P.L. 2007, ch. 412,  1; P.L. 2015, ch. 141, art. 7,  11. 
 23-14.1-5. Duties of the board. The board shall: (1) Determine which areas of the state shall be eligible to participate in the loan repayment program each year, based on health professional shortage area designations.  (2) Receive and consider all applications for loan repayment made by eligible health professionals.  (3) Conduct a careful and full investigation of the ability, character, financial needs, and qualifications of each applicant.  (4) Consider the intent of the applicant to practice in a health professional shortage area and to adhere to all the requirements for participation in the loan repayment program.  (5) Submit to the commissioner a list of those individuals eligible for loan repayment and amount of loan repayment to be granted.  (6) Promulgate rules and regulations to ensure an effective implementation and administration of the program.  (7) Within ninety (90) days after the end of each fiscal year, the board 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, applications considered and their disposition, rules or regulations promulgated, studies conducted, polices 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 hearings, complaints, suspensions, or other legal matters related to the committee; 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.  (8) 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 board, be approved by the board, and be conducted by the chair of the board. The board may approve the use of any board and/or staff members and/or individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapter 46 of title 42, chapter 14 of title 36, chapter 2 of title 38; and the boards 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 chapter 46 of title 42, chapter 14 of title 36, chapter 2 of title 38.  History of Section.P.L. 1993, ch. 191,  1; P.L. 2006, ch. 103,  2; P.L. 2006, ch. 144,  2; P.L. 2008, ch. 475,  46; P.L. 2015, ch. 141, art. 7,  11. 
 23-14.1-6. Duties of the commissioner. The commissioner shall: (1) Grant loan repayments to successful applicants as determined by the board.  (2) Enter into contracts, on behalf of the division with each successful applicant, reflecting the purpose and intent of this chapter.  History of Section.P.L. 1993, ch. 191,  1; P.L. 2015, ch. 141, art. 7,  11. 
 23-14.1-7. Conditions of loan repayment. (a) Loan repayments under the provisions of this chapter shall be based upon the condition that the recipient apply for a license to practice medicine, dentistry, dental hygiene, nurse midwifery, as a registered nurse practitioner, or as a health care professional under  338A of the Public Health Service Act, 42 U.S.C.  254l, or be registered as a physician assistant in Rhode Island at the earliest practicable opportunity.  (b) A recipient must agree to accept all patients regardless of their ability to pay for services received. A recipient must agree to accept all forms of insurance as payment in full, including Titles XVIII and XIX of the Social Security Act, 42 U.S.C.  1395 et seq.  (c) A recipient shall be required to practice full-time in a health professional shortage area for a minimum of two (2) years in order to be eligible to participate in the program.  History of Section.P.L. 1993, ch. 191,  1. 
 23-14.1-8. Contracts required. Prior to being granted loan repayment, each eligible health professional shall enter into a contract with the division agreeing to the terms and conditions upon which the loan repayment is granted. The contract shall include any provisions that are required to fulfill the purposes of this chapter and those deemed advisable by the commissioner.  History of Section.P.L. 1993, ch. 191,  1; P.L. 2015, ch. 141, art. 7,  11. 
 23-14.1-9. Penalty for failure to complete contract. (a) If the recipient of a loan repayment fails, without justifiable cause, to practice pursuant to the terms and conditions of his or her contract with the division, a penalty for the failure to complete the contract will be imposed. If the recipient fails to complete the period of obligated service, he or she shall be liable to the state of Rhode Island for:  (1) An amount equal to the total paid on behalf of the recipient; and  (2) An unserved obligation penalty equal to the number of months of obligated service not completed by the recipient multiplied by one thousand dollars ($1,000).  (b) If the recipient fails to complete one year of service, he or she shall be liable to the state of Rhode Island for:  (1) An amount equal to the total paid on behalf of the recipient; and  (2) An unserved obligation penalty equal to the number of months in the full period multiplied by one thousand dollars ($1,000).  (c) Any amount owed shall be paid to the state of Rhode Island within one year of the date that the recipient is in breach of contract.  (d) Where the commissioner, subject to the approval of the board, determines that there exists justifiable cause for the failure of a recipient to practice pursuant to the terms and conditions of the contract, he or she may relieve the recipient of the obligation to fulfill any or all of the terms of the contract.  History of Section.P.L. 1993, ch. 191,  1; P.L. 1995, ch. 58,  1; P.L. 2015, ch. 141, art. 7,  11. 
 23-14-1. Declaration of intent. (a) Whereas, the state recognizes that many of the children with special health care needs, as well as their families, are forced to bear substantial physical, emotional, social, and financial hardships associated with the childs illness;  (b) Whereas, the financial costs for treatment and continued health care for children with special health care needs are often prohibitive, while many families may be without health care coverage, or be ineligible for publicly funded assistance, or coverage may be inadequate to cover many of the costs related to treatment or continued medical care;  (c) Whereas, many families of children with special health care needs cannot be with their children during vital pre-and post operative periods or for periods of post operative treatment due to their inability to meet travel expenses;  (d) Whereas, many nonprofit organizations in Rhode Island attempt to ameliorate this distressing situation for the children with special health care needs and their families by providing medicines, medical equipment, and funding to help to defray the costs associated with the care and treatment of these youngsters not otherwise provided for; and  (e) Whereas, as admirable as the efforts of these nonprofit organizations are, it is widely acknowledged that they lack the funding to meet all of the remaining needs of children with special health care needs;  (f) It is declared to be the intent of the state to provide a means by which children with special health care needs, whose needs for medical treatment, care, and equipment are not otherwise provided for, may be financed through a voluntary check-off of a portion of an income tax refund owed to a taxpayer by the state. It is also intended that funds generated by the check-off be supplemental to any funds which would otherwise be available for the purposes mentioned in this section, and that the funds be used only for direct provision of medicines, medical equipment, medical treatment, or care to children with special health care needs and travel expenses for child disease victims and their families when it is necessary for the child to receive treatment at an out-of-state medical treatment facility.  History of Section.P.L. 1989, ch. 384,  1; P.L. 1999, ch. 83,  48; P.L. 1999, ch. 130,  48. 
 23-14-2. Definitions. 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.  History of Section.P.L. 1989, ch. 384,  1; P.L. 1999, ch. 83,  48; P.L. 1999, ch. 130,  48; P.L. 2018, ch. 223,  2. 
 23-14-3. Childhood disease fund established  Uses of the fund. (a) There is established a separate fund within the general fund to be called the childhood disease fund which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. The fund shall consist of sums collected as a result of the taxpayer check-off as provided for in section 44-30-2.3. The general treasurer is authorized to accept any grant, devise, bequest, donation, gift, or assignment of money, bonds, or other valuable securities for deposit in and credit of the childhood disease fund.  (b) The monies received under this chapter and  44-30-2.3 shall be made available by the treasurer annually by September 30 to qualified organizations and shall be distributed equally among all qualified organizations certified by the department of health for the funding year.  (c) Upon distribution to qualified organizations, the monies shall be used exclusively for child disease victims and their families for eligible services and emergency services. Provided, however, that qualified organizations shall seek and are entitled to reimbursement from a health insurance program or publicly funded assistance program, for emergency services when the cost of emergency services would normally be provided for by the respective program.  (d) Any eligible organization which seeks qualified organization status for a funding year shall submit an application to the department of health not later than July 15 of the year for which they seek status. The application must include:  (1) The specific nature of the eligible and/or emergency services the eligible organization is proposing to provide and which group or classification(s) of child disease victims the services are proposed to be provided to;  (2) Eligible services that the eligible organization has provided in the past year or is currently providing and the annual cost of the services;  (3) Whether the monies sought under this chapter will be used to fund new or existing programs for eligible services; and  (4) Any other information the department of health deems necessary to facilitate the purposes of this chapter.  (e) Upon receipt of the annual application from eligible organizations as provided in this section, the director of the department of health shall review each application to determine if it complies with the intent and requirements of this chapter. Upon a finding by the director of the department of health that the application complies with the intent and requirements of this chapter, the director of the department of health shall certify that the eligible organization has been designated as a qualified organization for the funding year. The director of the department of health shall provide notice of approval or denial of certification not later than September 15 to each eligible organization that has submitted an annual application.  (f) The director of the department of health is authorized to promulgate any rules or regulations and prescribe forms necessary to facilitate the provisions of this chapter.  History of Section.P.L. 1989, ch. 384,  1; P.L. 1990, ch. 374,  2; P.L. 1999, ch. 83,  48; P.L. 1999, ch. 130,  48. 
 23-14-4. Severability. If the provisions of this chapter or the application of the provisions of this chapter to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 1989, ch. 384,  1. 
 23-15-1. Short title. This chapter may be cited as the Health Care Certificate of Need Act of Rhode Island. History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-1. 
 23-15-10. Application fees. The state agency shall require that any applicant for certificate of need submit an application fee prior to requesting any review of matters pursuant to the requirements of this chapter; except that health care facilities owned and operated by the state of Rhode Island shall be exempt from this application fee requirement. The application fee shall be paid by check made payable to the general treasurer. Except for applications that propose new or expanded tertiary or specialty care services as defined in subdivision 23-15-2(10)(vi), submission of any application filed in accordance with  23-15-4(d) shall include an application fee of five hundred dollars ($500) per application plus an amount equal to one quarter of one percent (0.25%) of the total capital expenditure costs associated with the application. For an application filed in accordance with the requirements of  23-15-5 (Expeditious review), the application shall include an application processing fee of seven hundred and fifty dollars ($750) per application plus an amount equal to one quarter of one percent (0.25%) of the total capital expenditure costs associated with the application. Applications that propose new or expanded tertiary or specialty care services as defined in subdivision 23-15-2(10)(vi), shall include an application fee of ten thousand dollars ($10,000) plus an amount equal to one quarter of one percent (0.25%) of the total capital expenditure costs associated with the application. Application fees shall be non-refundable. All fees received pursuant to this chapter shall be deposited in the general fund.  History of Section.P.L. 1990, ch. 65, art. 45,  1; P.L. 1993, ch. 38, art. 34,  1; P.L. 2006, ch. 336,  1; P.L. 2006, ch. 337,  1. 
 23-15-11. Reports, use of experts, all costs and expenses. The state agency may in effectuating the purposes of this chapter engage experts or consultants including, but not limited to, actuaries, investment bankers, accountants, attorneys, or industry analysts. Except for privileged or confidential communications between the state agency and engaged attorneys, all copies of final reports prepared by experts and consultants, and all costs and expenses associated with the reports, shall be public. All costs and expenses incurred under this provision shall be the responsibility of the applicant in an amount to be determined by the director as he or she shall deem appropriate. No application made pursuant to the requirements of this chapter shall be considered complete unless an agreement has been executed with the director for the payment of all costs and expenses in accordance with this section. The maximum cost and expense to an applicant for experts and/or consultants that may be required by the state agency shall be twenty thousand dollars ($20,000); provided however, that the maximum amount shall be increased by regulations promulgated by the state agency on or after January 1, 2008 by the most recently available annual increase in the federal consumer price index as determined by the state agency.  History of Section.P.L. 2006, ch. 336,  2; P.L. 2006, ch. 337,  2. 
 23-15-2. Definitions. As used in this chapter: (1) Affected person means and includes the person whose proposal is being reviewed, or the applicant, healthcare facilities located within the state that provide institutional health services, the state medical society, the state osteopathic society, those voluntary nonprofit area-wide planning agencies that may be established in the state, the state budget office, the office of health insurance commissioner, any hospital or medical-service corporation organized under the laws of the state, the statewide health coordinating council, contiguous health-systems agencies, and those members of the public who are to be served by the proposed, new institutional health services or new healthcare equipment.  (2) Cost-impact analysis means a written analysis of the effect that a proposal to offer or develop new institutional health services or new healthcare equipment, if approved, will have on healthcare costs and shall include any detail that may be prescribed by the state agency in rules and regulations.  (3) Director means the director of the Rhode Island state department of health.  (4)(i) Healthcare facility means any institutional health-service provider, facility or institution, place, building, agency, or portion of them, whether a partnership or corporation, whether public or private, whether organized for profit or not, used, operated, or engaged in providing healthcare services that are limited to hospitals, nursing facilities, home nursing-care provider, home-care provider, hospice provider, inpatient rehabilitation centers (including drug and/or alcohol abuse treatment centers), freestanding emergency-care facilities as defined in  23-17-2, certain facilities providing surgical treatment to patients not requiring hospitalization (surgi-centers, multi-practice, physician ambulatory-surgery centers and multi-practice, podiatry ambulatory-surgery centers) and facilities providing inpatient hospice care. Single-practice physician or podiatry ambulatory-surgery centers (as defined in  23-17-2(17), (18), respectively) are exempt from the requirements of chapter 15 of this title; provided, however, that such exemption shall not apply if a single-practice physician or podiatry ambulatory-surgery center is established by a medical practice group (as defined in  5-37-1) within two (2) years following the formation of such medical practice group, when such medical practice group is formed by the merger or consolidation of two (2) or more medical practice groups or the acquisition of one medical practice group by another medical practice group. The term healthcare facility does not include 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.  (ii) Any provider of hospice care who provides hospice care without charge shall be exempt from the provisions of this chapter.  (5) Healthcare provider means a person who is a direct provider of healthcare services (including but not limited to physicians, dentists, nurses, podiatrists, physician assistants, or nurse practitioners) in that the persons primary current activity is the provision of healthcare services for persons.  (6) Health services means organized program components for preventive, assessment, maintenance, diagnostic, treatment, and rehabilitative services provided in a healthcare facility.  (7) Health services council means the advisory body to the Rhode Island state department of health established in accordance with chapter 17 of this title, appointed and empowered as provided to serve as the advisory body to the state agency in its review functions under this chapter.  (8) Institutional health services means health services provided in or through healthcare facilities and includes the entities in or through that the services are provided.  (9) New healthcare equipment means any single piece of medical equipment (and any components that constitute operational components of the piece of medical equipment) proposed to be utilized in conjunction with the provision of services to patients or the public, the capital costs of which would exceed two million two hundred fifty thousand dollars ($2,250,000); provided, however, that the state agency shall exempt from review any application that proposes one-for-one equipment replacement as defined in regulation. Further, beginning July 1, 2012, and each July thereafter, the amount shall be adjusted by the percentage of increase in the consumer price index for all urban consumers (CPI-U) as published by the United States Department of Labor Statistics as of September 30 of the prior calendar year.  (10) New institutional health services means and includes:  (i) Construction, development, or other establishment of a new healthcare facility.  (ii) Any expenditure, except acquisitions of an existing healthcare facility, that will not result in a change in the services or bed capacity of the healthcare facility by, or on behalf of, an existing healthcare facility in excess of five million two hundred fifty thousand dollars ($5,250,000) which is a capital expenditure including expenditures for predevelopment activities; provided further, beginning July 1, 2012, and each July thereafter, the amount shall be adjusted by the percentage of increase in the consumer price index for all urban consumers (CPI-U) as published by the United States Department of Labor Statistics as of September 30 of the prior calendar year.  (iii) Where a person makes an acquisition by, or on behalf of, a healthcare facility or health maintenance organization under lease or comparable arrangement or through donation, which would have required review if the acquisition had been by purchase, the acquisition shall be deemed a capital expenditure subject to review.  (iv) Any capital expenditure that results in the addition of a health service or that changes the bed capacity of a healthcare facility with respect to which the expenditure is made, except that the state agency may exempt from review, by rules and regulations promulgated for this chapter, any bed reclassifications made to licensed nursing facilities and annual increases in licensed bed capacities of nursing facilities that do not exceed the greater of ten (10) beds or ten percent (10%) of facility licensed bed capacity and for which the related capital expenditure does not exceed two million dollars ($2,000,000).  (v) Any health service proposed to be offered to patients or the public by a healthcare facility that was not offered on a regular basis in or through the facility within the twelve-month (12) period prior to the time the service would be offered, and that increases operating expenses by more than one million five hundred thousand dollars ($1,500,000), except that the state agency may exempt from review, by rules and regulations promulgated for this chapter, any health service involving reclassification of bed capacity made to licensed nursing facilities. Further, beginning July 1, 2012, and each July thereafter, the amount shall be adjusted by the percentage of increase in the consumer price index for all urban consumers (CPI-U) as published by the United States Department of Labor Statistics as of September 30 of the prior calendar year.  (vi) Any new or expanded tertiary or specialty-care service, regardless of capital expense or operating expense, as defined by and listed in regulation, the list not to exceed a total of twelve (12) categories of services at any one time and shall include full-body magnetic resonance imaging and computerized axial tomography; provided, however, that the state agency shall exempt from review any application that proposes one-for-one equipment replacement as defined by and listed in regulation. Acquisition of full body magnetic resonance imaging and computerized axial tomography shall not require a certificate-of-need review and approval by the state agency if satisfactory evidence is provided to the state agency that it was acquired for under one million dollars ($1,000,000) on or before January 1, 2010, and was in operation on or before July 1, 2010.  (11) 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.  (12) Predevelopment activities means expenditures for architectural designs, plans, working drawings, and specifications, site acquisition, professional consultations, preliminary plans, studies, and surveys made in preparation for the offering of a new, institutional health service.  (13) State agency means the Rhode Island state department of health.  (14) To develop means to undertake those activities that, on their completion, will result in the offering of a new, institutional health service or new healthcare equipment or the incurring of a financial obligation, in relation to the offering of that service.  (15) To offer means to hold oneself out as capable of providing, or as having the means for the provision of, specified health services or healthcare equipment.  History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-2; P.L. 1980, ch. 80,  1; P.L. 1980, ch. 86,  1; P.L. 1982, ch. 194,  1; P.L. 1982, ch. 379,  2; P.L. 1983, ch. 187,  2; P.L. 1984, ch. 4,  2; P.L. 1984, ch. 325,  1; P.L. 1986, ch. 363,  1; P.L. 1987, ch. 542,  1; P.L. 1990, ch. 75,  2; P.L. 1991, ch. 290,  1; P.L. 1992, ch. 262,  1; P.L. 1996, ch. 285,  1; P.L. 1996, ch. 310,  1; P.L. 1996, ch. 433,  1; P.L. 1999, ch. 169,  7; P.L. 2006, ch. 336,  1; P.L. 2006, ch. 337,  1; P.L. 2009, ch. 197,  1; P.L. 2009, ch. 287,  1; P.L. 2011, ch. 151, art. 15,  2; P.L. 2011, ch. 212,  1; P.L. 2011, ch. 250,  1; P.L. 2016, ch. 417,  3; P.L. 2016, ch. 418,  3. 
 23-15-3. Purpose. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the authorization and allocation of new institutional health services and new health care equipment.  History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-3. 
 23-15-4.1. Exemption for nonclinical capital expenditures. 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.  History of Section.P.L. 1982, ch. 82,  1; P.L. 1991, ch. 290,  1; P.L. 1996, ch. 433,  1. 
 23-15-4.2. Exemption for research. Notwithstanding the requirements of any other provisions of any general or public laws, capital expenditures by a health care facility related to research in basic biomedical or medical research areas that are not directly related to the provision of clinical or patient care services shall not require a certificate of need review and approval by the state agency.  History of Section.P.L. 1983, ch. 318,  1; P.L. 1985, ch. 495,  1; P.L. 1991, ch. 290,  1; P.L. 1996, ch. 433,  1. 
 23-15-4.3. Repealed.
 23-15-4.4. Exemption for voter approved capital bond issues for health care facilities. Notwithstanding the requirements of any other provisions of any general law or public laws, voter approved state bond issues authorizing capital expenditures for state health care facilities shall not require a certificate of need review and approval by the state agency.  History of Section.P.L. 1991, ch. 290,  2; P.L. 1996, ch. 433,  1. 
 23-15-4. Review and approval of new health care equipment and new institutional health services. (a) No health care provider or health care facility shall develop or offer new health care equipment or new institutional health services in Rhode Island, the magnitude of which exceeds the limits defined by this chapter, without prior review by the health services council and approval by the state agency; except that review by the health services council may be waived in the case of expeditious reviews conducted in accordance with  23-15-5, and except that health maintenance organizations which fulfill criteria to be established in rules and regulations promulgated by the state agency with the advice of the health services council shall be exempted from the review and approval requirement established in this section upon approval by the state agency of an application for exemption from the review and approval requirement established in this section which contain any information that the state agency may require to determine if the health maintenance organization meets the criteria.  (b) No approval shall be made without an adequate demonstration of need by the applicant at the time and place and under the circumstances proposed, nor shall the approval be made without a determination that a proposal for which need has been demonstrated is also affordable by the people of the state.  (c) No approval of new institutional health services for the provision of health services to inpatients shall be granted unless the written findings required in accordance with  23-15-6(b)(6) are made.  (d) Applications for determination of need shall be filed with the state agency on a date fixed by the state agency together with plans and specifications and any other appropriate data and information that the state agency shall require by regulation, and shall be considered in relation to each other no less than once a year. A duplicate copy of each application together with all supporting documentation shall be kept on file by the state agency as a public record.  (e) The health services council shall consider, but shall not be limited to, the following in conducting reviews and determining need:  (1) The relationship of the proposal to state health plans that may be formulated by the state agency;  (2) The impact of approval or denial of the proposal on the future viability of the applicant and of the providers of health services to a significant proportion of the population served or proposed to be served by the applicant;  (3) The need that the population to be served by the proposed equipment or services has for the equipment or services;  (4) The availability of alternative, less costly, or more effective methods of providing services or equipment, including economies or improvements in service that could be derived from feasible cooperative or shared services;  (5) The immediate and long term financial feasibility of the proposal, as well as the probable impact of the proposal on the cost of, and charges for, health services of the applicant;  (6) The relationship of the services proposed to be provided to the existing health care system of the state;  (7) The impact of the proposal on the quality of health care in the state and in the population area to be served by the applicant;  (8) The availability of funds for capital and operating needs for the provision of the services or equipment proposed to be offered;  (9) The cost of financing the proposal including the reasonableness of the interest rate, the period of borrowing, and the equity of the applicant in the proposed new institutional health service or new equipment;  (10) The relationship, including the organizational relationship of the services or equipment proposed, to ancillary or support services;  (11) Special needs and circumstances of those entities which provide a substantial portion of their services or resources, or both, to individuals not residing within the state;  (12) Special needs of entities such as medical and other health professional schools, multidisciplinary clinics, and specialty centers; also, the special needs for and availability of osteopathic facilities and services within the state;  (13) In the case of a construction project:  (i) The costs and methods of the proposed construction,  (ii) The probable impact of the construction project reviewed on the costs of providing health services by the person proposing the construction project; and  (iii) The proposed availability and use of safe patient handling equipment in the new or renovated space to be constructed.  (14) Those appropriate considerations that may be established in rules and regulations promulgated by the state agency with the advice of the health services council;  (15) The potential of the proposal to demonstrate or provide one or more innovative approaches or methods for attaining a more cost effective and/or efficient health care system;  (16) The relationship of the proposal to the need indicated in any requests for proposals issued by the state agency;  (17) The input of the community to be served by the proposed equipment and services and the people of the neighborhoods close to the health care facility who are impacted by the proposal;  (18) The relationship of the proposal to any long-range capital improvement plan of the health care facility applicant.  (19) Cost impact statements forwarded pursuant to subsection 23-15-6(e).  (f) In conducting its review, the health services council shall perform the following:  (1) Within one hundred and fifteen (115) days after initiating its review, which must be commenced no later than thirty-one (31) days after the filing of an application, the health services council shall determine as to each proposal whether the applicant has demonstrated need at the time and place and under the circumstances proposed, and in doing so may apply the criteria and standards set forth in subsection (e) of this section; provided however, that a determination of need shall not alone be sufficient to warrant a recommendation to the state agency that a proposal should be approved. The director shall render his or her decision within five (5) days of the determination of the health services council.  (2) Prior to the conclusion of its review in accordance with  23-15-6(e), the health services council shall evaluate each proposal for which a determination of need has been established in relation to other proposals, comparing proposals with each other, whether similar or not, establishing priorities among the proposals for which need has been determined, and taking into consideration the criteria and standards relating to relative need and affordability as set forth in subsection (e) of this section and  23-15-6(f).  (3) At the conclusion of its review, the health services council shall make recommendations to the state agency relative to approval or denial of the new institutional health services or new health care equipment proposed; provided that:  (i) The health services council shall recommend approval of only those proposals found to be affordable in accordance with the provisions of  23-15-6(f); and  (ii) If the state agency proposes to render a decision that is contrary to the recommendation of the health services council, the state agency must render its reasons for doing so in writing.  (g) Approval of new institutional health services or new health care equipment by the state agency shall be subject to conditions that may be prescribed by rules and regulations developed by the state agency with the advice of the health services council, but those conditions must relate to the considerations enumerated in subsection (e) and to considerations that may be established in regulations in accordance with subsection (e)(14).  (h) The offering or developing of new institutional health services or health care equipment by a health care facility without prior review by the health services council and approval by the state agency shall be grounds for the imposition of licensure sanctions on the facility, including denial, suspension, revocation, or curtailment or for imposition of any monetary fines that may be statutorily permitted by virtue of individual health care facility licensing statutes.  (i) No government agency and no hospital or medical service corporation organized under the laws of the state shall reimburse any health care facility or health care provider for the costs associated with offering or developing new institutional health services or new health care equipment unless the health care facility or health care provider has received the approval of the state agency in accordance with this chapter. Government agencies and hospital and medical service corporations organized under the laws of the state shall, during budget negotiations, hold health care facilities and health care providers accountable to operating efficiencies claimed or projected in proposals which receive the approval of the state agency in accordance with this chapter.  (j) In addition, the state agency shall not make grants to, enter into contracts with, or recommend approval of the use of federal or state funds by any health care facility or health care provider which proceeds with the offering or developing of new institutional health services or new health care equipment after disapproval by the state agency.  History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-4; P.L. 1980, ch. 80,  1; P.L. 1984, ch. 4,  2; P.L. 1985, ch. 498,  1; P.L. 1985, ch. 500,  1; P.L. 1987, ch. 395,  1; P.L. 1990, ch. 223,  1; P.L. 1991, ch. 290,  1; P.L. 1996, ch. 433,  1; P.L. 2004, ch. 267,  1; P.L. 2004, ch. 290,  1; P.L. 2006, ch. 336,  1; P.L. 2006, ch. 337,  1; P.L. 2006, ch. 353,  3; P.L. 2006, ch. 463,  3. 
 23-15-5. Expeditious review. (a) Any person who proposes to offer or develop new institutional health services or new healthcare equipment for documented emergency needs; or for the purpose of eliminating or preventing documented fire or safety hazards affecting the lives and health of patients or staff; or for compliance with accreditation standards required for receipt of federal or state reimbursement; or for any other purpose that the state agency may specify in rules and regulations, may apply for an expeditious review. The state agency may exercise its discretion in recommending approvals through an expeditious review, except that no new institutional health service or new healthcare equipment may be approved through the expeditious review if provision of the new institutional health service or new healthcare equipment is contra-indicated by the state health plan as may be formulated by the state agency. Specific procedures for the conduct of expeditious reviews shall be promulgated in rules and regulations adopted by the state agency with the advice of the health services council.  (b) The decision of the state agency not to conduct an expeditious review shall be reconsidered upon a written petition to the state agency, and the state agency shall be required to respond to the written petition within ten (10) days stating whether expeditious review is granted. If the request for reconsideration is denied, the state agency shall state the reasons in writing why the expeditious request had been denied.  (c) The decision of the state agency in connection with an expeditious review shall be rendered within thirty (30) days after the commencement of said review.  (d) Any healthcare facility that provides a service performed in another state and that is not performed in the state of Rhode Island, or such service is performed in the state on a very limited basis, shall be granted expeditious review upon request under this section, provided that such service, among other things, has a clear effect on the timeliness, access, or quality of care and is able to meet licensing standards.  History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-5; P.L. 1980, ch. 80,  1; P.L. 2014, ch. 267,  2; P.L. 2014, ch. 316,  2. 
 23-15-6.1. Action subsequent to review. Development of any new institutional health services or new health care equipment approved by the state agency must be initiated within one year of the date of the approval and may not exceed the maximum amount of capital expenditures specified in the decision of the state agency without prior authorization of the state agency. The state agency, with the advice of the health services council, shall adopt procedures for the review of the applicants failure to develop new institutional health services or new health care equipment within the timeframe and capital limitation stipulated in this section, and for the withdrawal of approval in the absence of a good faith effort to meet the stipulated timeframe.  History of Section.P.L. 1980, ch. 80,  2. 
 23-15-6. Procedures for review. (a) The state agency, with the advice of the health services council, and in accordance with the Administrative Procedures Act, chapter 35 of title 42, after public hearing pursuant to reasonable notice, which notice shall include affected persons, shall promulgate appropriate rules and regulations that may be designated to further the accomplishment of the purposes of this chapter including the formulation of procedures that may be particularly necessary for the conduct on reviews of particular types of new institutional health services or new health care equipment.  (b) Review procedures promulgated in accordance with subsection (a) shall include at least the following, except that substitute procedures for the conduct of expeditious and accelerated reviews may be promulgated by the state agency in accordance with  23-15-5:  (1) Provision that the state agency established a process requiring potential applicants to file a detailed letter of intent to submit an application at least forty-five (45) days prior to the submission of an application and that the state agency shall undertake reviews in a timely fashion no less often than twice a year and give written notification to affected persons of the beginning of the review including the proposed schedule for the review, the period within which a public meeting may be held, and the manner by which notification will be provided of the time and place of any public meeting so held.  (2) Provision that no more than one hundred and twenty (120) days shall elapse between initial notification of affected persons and the final decision of the state agency.  (3) Provision that, if the state agency fails to act upon an application within the applicable period established in subsection (b)(2), the applicant may apply to the superior court of Providence County to require the state agency to act upon the application.  (4) Provision for review and comment by the health services council and any affected person, including but not limited to those parties defined in  23-15-2(1) and the department of business regulation, the department of behavioral healthcare, developmental disabilities and hospitals, the department of human services, health maintenance organizations, and the state professional standards review organization, on every application for the determination of need.  (5) Provision that a public meeting may be held during the course of the state agency review at which any person may have the opportunity to present testimony. Procedures for the conduct of the public meeting shall be established in rules and regulations promulgated by the state agency with the advice of the health services council.  (6)(i) Provision for issuance of a written decision by the state agency which shall be based upon the findings and recommendations of the health services council unless the state agency shall afford written justification for variance from that decision.  (ii) In the case of any proposed new institutional health service for the provision of health services to inpatients, a state agency shall not make a finding that the proposed new institutional health service is needed, unless it makes written findings as to:  (A) The efficiency and appropriateness of the use of existing inpatient facilities providing inpatient services similar to those proposed;  (B) The capital and operating costs (and their potential impact on patient charges), efficiency, and appropriateness of the proposed new institutional health services; and  (C) Makes each of the following findings in writing:  (I) That superior alternatives to inpatient services in terms of cost, efficiency, and appropriateness do not exist and that the development of alternatives is not practicable;  (II) That, in the case of new construction, alternatives to new construction (e.g., modernization or sharing arrangements) have been considered and implemented to the maximum extent practicable;  (III) That patients will experience serious problems in terms of costs, availability, or accessibility, or any other problems that may be identified by the state agency, in obtaining inpatient care of the type proposed in the absence of the proposed new service; and  (IV) That, in the case of a proposal for the addition of beds for the provision of skilled nursing or intermediate care, the relationship of the addition to the plans of other agencies of the state responsible for providing and financing long-term care (including home health services) has been considered.  (7) Provision for the distribution of the decision of the state agency, including its findings and recommendations, to the applicant and to affected persons.  (8) Provision that the state agency may approve or disapprove in whole or in part any application as submitted, but that the parties may mutually agree to a modification of any element of an application as submitted, without requiring resubmission of the application.  (9)(i) Provision that any person affected may request in writing reconsideration of a state agency decision if the person:  (A) Presents significant relevant information not previously considered by the state agency;  (B) Demonstrates that there have been significant changes in factors or circumstances relied upon by the state agency in reaching its decision;  (C) Demonstrates that the state agency has materially failed to follow its adopted procedures in reaching its decision; or  (D) Provides any other basis for reconsideration that the state agency may have determined by regulation to constitute good cause.  (ii) Procedures for reconsideration shall be established in regulations promulgated by the state agency with the advice of the health services council.  (10) Provision that upon the request of any affected person, the decision of the state agency to issue, deny, or withdraw a certificate of need or to grant or deny an exemption shall be administratively reviewed under an appeals mechanism provided for in the rules and regulations of the state agency, with the review to be conducted by a hearing officer appointed by the director of health. The procedures for judicial review shall be in accordance with the provisions of  42-35-15.  (c) The state agency shall publish at least annually a report of reviews of new institutional health services and new health care equipment conducted, together with the findings and decisions rendered in the course of the reviews. The reports shall be published on or about February 1 of each year and shall contain evaluations of the prior years statutory changes where feasible.  (d) All applications reviewed by the state agency and all written materials pertinent to state agency review, including minutes of all health services council meetings, shall be accessible to the public upon request.  (e) In the case or review of proposals by health care facilities who by contractual agreement, chapter 19 of title 27, or other statute are required to adhere to an annual schedule of budget or reimbursement determination to which the state is a party, the state budget office, the office of the health insurance commissioner, and hospital service corporations organized under chapter 19 of title 27 shall forward to the health services council within forty-five (45) days of the initiation of the review of the proposals by the health services council under  23-15-4(f)(1):  (1) A cost impact analysis of each proposal which analysis shall include, but not be limited to, consideration of increases in operating expenses, per diem rates, health care insurance premiums, and public expenditures; and  (2) Comments on acceptable interest rates and minimum equity contributions and/or maximum debt to be incurred in financing needed proposals.  (f) The health services council shall not make a recommendation to the state agency that a proposal be approved unless it is found that the proposal is affordable to the people of the state. In determining whether or not a proposal is affordable, the health service council shall consider the condition of the states economy, the statements of authorities and/or parties affected by the proposals, and any other factors that it may deem appropriate.  History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-6; P.L. 1980, ch. 80,  1; P.L. 1984, ch. 4,  2; P.L. 1984, ch. 383,  1; P.L. 1986, ch. 363,  1; P.L. 1987, ch. 395,  1; P.L. 1988, ch. 213,  1; P.L. 1990, ch. 132,  1; P.L. 1991, ch. 290,  1; P.L. 1994, ch. 392,  2; P.L. 1996, ch. 433,  1; P.L. 2006, ch. 336,  1; P.L. 2006, ch. 337,  1. 
 23-15-7. Health services council. The health services council, established in accordance with chapter 17 of this title, shall function as the advisory body to the state agency in discharging the purpose of this chapter.  History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-7. 
 23-15-8. Funds for administration. There is authorized to be appropriated from the state treasury those sums that may be necessary for the purposes of administering this chapter.  History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-8. 
 23-15-9. Severability. If any provision of this chapter or the application of any provision of this chapter to any person or circumstances shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 1978, ch. 269,  3; G.L. 1956,  23-17-9; P.L. 1979, ch. 39,  1; G.L. 1956,  23-15-9. 
 23-16.1-1. Compact authorized. The governor, on behalf of the state, is authorized and directed to execute a compact, substantially in the following form, with any one or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, and Vermont:      The purpose of the New England health services and facilities compact shall be to provide the highest quality of health services and facilities through the establishment and maintenance of a coordinated program for the persons residing in the several states of New England, parties to the compact, with the aim of mutual assistance, planning for improvement of health services and facilities, transmitting new knowledge, and training and recruitment of health personnel.    There is hereby created and established a New England board of health services and facilities hereinafter known as the board which shall be an agency of each state party to the compact. The board shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the concurrent act or acts of the compacting states. The board shall consist of three (3) resident members from each compacting state, chosen in the manner and for the terms provided by law of the several states parties to this compact.    This compact shall become operative immediately as to those states executing it whenever any two (2) or more of the states of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island or Connecticut have executed it in the form which is in accordance with the laws of the respective compacting states.    The board shall annually elect from its members a chair and vice-chair and shall appoint and at its pleasure remove or discharge said officers. It may appoint and employ an executive secretary and may employ such stenographic, clerical, technical, or legal personnel as shall be necessary, and at its pleasure remove or discharge such personnel. It shall adopt a seal and suitable by-laws and shall promulgate any and all rules and regulations which may be necessary for the conduct of its business. It may maintain an office or offices within the territory of the compacting states and may meet at any time or place. Meetings shall be held at least twice each year. A majority of the members shall constitute a quorum for the transaction of business, but no action of the board imposing any obligation on any compacting state shall be binding unless a majority of the members from such compacting state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of health affecting only certain of the compacting states, the board may vote to authorize special meetings of the board members of such states. The board shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each compacting state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the compacting states which may be necessary to carry out the intent and purpose of this compact. The board shall not pledge the credit of any compacting state without consent of the legislature thereof given pursuant to the constitutional processes of said state. The board may meet any of its obligations in whole or in part with funds available to it under article VII of this compact, provided that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under article VII hereof, the board shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the compacting states adequate to meet the same. Each compacting state reserves the right to provide hereafter by law for the examination and audit of the accounts of the board. The board shall appoint a treasurer who may be a member of the board, and disbursements by the board shall be valid only when authorized by the board and when vouchers therefor have been signed by the executive secretary and countersigned by the treasurer. The executive secretary shall be custodian of the records of the board with authority to attest to and certify such records or copies thereof.    The board shall have the power to: 1. Collect, correlate, and evaluate data in the fields of its interest under this compact; to publish reports, bulletins, and other documents making available the results of its research; and, in its discretion, to charge fees for said reports, bulletins, and documents; 2. Enter into such contractual agreements or arrangements with any of the compacting states or agencies thereof and with health institutions and agencies as may be required in the judgment of the board to provide adequate services and facilities in health fields covered by this compact.  Each of the compacting states shall contribute funds to carry out the contracts of the board. Except in those instances where the board by specific action allocates funds available to it under article VII hereof, it shall be the policy of the board to enter into such contracts only upon appropriation of funds by the compacting states. Any contract entered into shall be in accordance with rules and regulations promulgated by the board and in accordance with the laws of the compacting states.    Each state agrees that, when authorized by the legislature pursuant to the constitutional processes, it will from time to time make available to the board such funds as may be required for the expenses of the board as authorized under the terms of this compact. The contribution of each state for this purpose shall be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the bureau of the census of the United States of America; unless the board shall adopt another basis in making its recommendation for appropriation to the compacting states.    The board for the purposes of this compact is hereby empowered to receive grants, devises, gifts, and bequests which the board may agree to accept and administer. The board shall administer property held in accordance with special trusts, grants, and bequests and shall also administer grants and devises of land and gifts or bequests of personal property made to the board for special uses and shall execute said trusts, investing the proceeds thereof in notes or bonds secured by sufficient mortgages or other securities.    The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any compacting state or of the United States the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby; provided, that if this compact is held to be contrary to the constitution of any compacting state the compact shall remain in full force and effect as to all other compacting states.    This compact shall continue in force and remain binding upon a compacting state until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until two (2) years after notice thereof has been sent by the governor of the state desiring to withdraw to the governors of all other states then parties to the compact. Such withdrawal shall not relieve the withdrawing state from its obligations accruing hereunder prior to the effective date of withdrawal. Any state so withdrawing, unless reinstated, shall cease to have any claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of the compact. Thereafter, the withdrawing state may be reinstated by application after appropriate legislation is enacted by such state, upon approval by a majority vote of the board.  History of Section.P.L. 1963, ch. 80,  1; G.L. 1956,  23-40-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.1-1. 
 23-16.1-2. When compact effective as to Rhode Island. When the governor shall have executed the compact on behalf of this state and shall have caused a verified copy to be filed with the secretary of state, then the compact shall become operative and effective as between this state and the other state or states. The governor is authorized and directed to take any action that may be necessary to complete the exchange of official documents as between this and any other state executing the compact.  History of Section.P.L. 1963, ch. 80,  1; G.L. 1956,  23-40-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.1-2. 
 23-16.1-3. Rhode Island members on board. Upon the compact becoming operative, the governor shall appoint the three (3) resident members from Rhode Island who shall serve in accordance with article II of the compact for terms of one, two (2), and three (3) years, respectively, and until their successors are appointed and qualified. In the month of May in each year, the governor shall appoint one resident member to hold office until the first day of June in the third (3rd) year after his or her appointment, and until his or her successor is appointed and qualified, to succeed the member whose term shall next expire. Any vacancy in membership shall be filled by appointment for the remainder of the unexpired term. At all times one of the resident members shall be a representative of a non-profit or governmental agency or organization involved in the provision of health services; one resident member shall be a person who at the time of his or her appointment by the governor is a member of the general assembly; and one resident member shall be a citizen representative of the general public. All members shall serve without compensation but shall be entitled to receive reimbursement for reasonable and necessary expenses actually incurred in the performance of their duties.  History of Section.P.L. 1963, ch. 80,  1; G.L. 1956,  23-40-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.1-3. 
 23-16.1-4. Appropriations. To carry out the purposes of this chapter, the general assembly shall annually appropriate the sum that it may deem necessary. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much of it as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers.  History of Section.P.L. 1963, ch. 80,  1; G.L. 1956,  23-40-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.1-4. 
 23-16.2-1. Declaration. It is found that the proper operation of laboratories and stations within the state is a matter of vital concern to the health and safety of the state and that the determination of proper standards to insure qualifications of personnel in the laboratories and stations and to insure the adequacy of equipment and facilities is necessary to the operation of the laboratories and stations to promote the general welfare.  History of Section.P.L. 1961, ch. 94,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-1; P.L. 1982, ch. 126,  1. 
 23-16.2-10. Prohibition of transmission of material to unlicensed laboratory. No person owning, maintaining, or operating a station or laboratory shall transmit specimens originating from the human body to a laboratory, except when the laboratory in which the work is to be done is duly licensed by the department of health or by the United States government.  History of Section.P.L. 1978, ch. 356,  3; G.L. 1956,  23-39-10; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-10; P.L. 1982, ch. 126,  1. 
 23-16.2-11, 23-16.2-12. Repealed.
 23-16.2-13. Violation of this chapter. In addition to the revocation or suspension of the licenses granted under this chapter as provided for in  23-16.2-7, any person who commits a violation of this chapter shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars ($500) or imprisonment for a term of not more than one year, or both.  History of Section.P.L. 1978, ch. 356,  3; G.L. 1956,  23-39-13; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-13. 
 23-16.2-14. Enforcement. This chapter shall be enforced by the director and he or she shall be exempt from giving surety for costs.  History of Section.P.L. 1978, ch. 356,  3; G.L. 1956,  23-39-14; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-14. 
 23-16.2-2. Definitions. When used in this chapter: (1) Analytical laboratory means a facility for the biological, microbiological, chemical, physical, and radiochemical examination of potable water, nonpotable water or other environmental matrices.  (2) Clinical laboratory means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, radiobioassay, cytological, pathological, or other examination of materials derived from the human body for the purposes of providing information for the diagnosis, prevention, or treatment of any disease or impairment of or the assessment of the health of human beings.  (3) Director means the director of the department of health.  (4) Persons means any individual, firm, partnership, corporation, company, association, or joint stock association.  (5) Station means a facility for the collection, processing, and transmission of the materials described in subdivisions (1) and (2) for the purposes described in subdivisions (1) and (2).  (6) Certification means the determination by the department of health that an analytical laboratory is capable of performing specific tests or analyses of environmental samples in accordance with the requirements of the regulations promulgated pursuant to this chapter.  (7) Clinical laboratory test or laboratory test means a microbiological, serological, chemical, hematological, radiobioassay, cytological, immunological, or other pathological examination that is performed on material derived from the human body, the test or procedure conducted by a clinical laboratory that provides information for the diagnosis, prevention, or treatment of a disease or assessment of a medical condition.  (8) Nationally recognized certification examination means an appropriate examination, as determined by the director, covering both academic and practical knowledge, including, but not limited to, those offered by the American Society of Clinical Pathologists (ASCP), American Medical Technologists (AMT), National Credentialing Agency (NCA), or the American Association of Bioanalysts Board of Registry (AAB), and including any appropriate categorical or specialty examinations.  History of Section.P.L. 1961, ch. 94,  1; P.L. 1971, ch. 85,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-2; P.L. 1982, ch. 126,  1; P.L. 1989, ch. 216,  1; P.L. 1992, ch. 413,  1; P.L. 1994, ch. 373,  1; P.L. 2003, ch. 59,  1; P.L. 2003, ch. 72,  1; P.L. 2015, ch. 141, art. 20,  18. 
 23-16.2-3. Application of law  Exceptions. The provisions of this chapter shall apply to all laboratories and stations performing analytical or clinical laboratory services or specimens in this state except:  (1) A laboratory maintained by a hospital licensed under chapter 17 of this title or by a licensed physician or group of licensed physicians who make the tests referred to in  23-16.2-2 personally and solely in connection with the treatment of their own patients; however, an independent laboratory that makes the tests on its own responsibility for a single physician or group of physicians is subject to this chapter.  (2) Any temporary or ad hoc health promotion or screening program conducted for the general public that offers generally accepted mass-screening procedures; provided the health promotion or screening program is conducted pursuant to a permit issued by the department of health.  (3) Any person performing only limited-function tests as defined in regulation by the director.  (4) Licensed pharmacists performing limited function tests as defined in  5-19.1-2(p).  History of Section.P.L. 1961, ch. 94,  1; P.L. 1971, ch. 85,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-3; P.L. 1979, ch. 331,  1; P.L. 1982, ch. 126,  1; P.L. 1988, ch. 397,  1; P.L. 1992, ch. 413,  1; P.L. 2003, ch. 59,  1; P.L. 2003, ch. 72,  1; P.L. 2015, ch. 157,  4; P.L. 2015, ch. 182,  4. 
 23-16.2-4.1. Certificate required for analytical laboratories  Term of certificate  Fee. It shall be unlawful for any analytical laboratory to perform testing or analyses of samples originating in this state, for which the department of health requires certification, without having a certificate issued by the department of health pursuant to this chapter. Certificates for specific analyses and methods for laboratory testing of potable water, nonpotable water, and environmental samples for lead content are hereby required. The department is authorized to require certification for other types of environmental testing and to set fees for certificates in regulation. Certificates, unless sooner suspended or revoked under the provisions of this chapter, shall expire on the thirtieth (30th) day of December of every year following the date of the certificate.  History of Section.P.L. 2003, ch. 59,  5; P.L. 2003, ch. 72,  5. 
 23-16.2-4. License required for clinical laboratories  Term of license  Application  Fee. (a) It shall be unlawful for any persons, corporation, or other form of business entity to perform clinical or analytical laboratory services on specimens collected in this state or to own or maintain a laboratory or station in this state without having a license issued by the department of health pursuant to this chapter. A license, unless sooner suspended or revoked under the provisions of this chapter, shall expire on the thirtieth (30th) day of December of every other year following the date of license. This will be determined on an odd-even basis with respect to the license number. Each license shall be issued only to conduct the tests approved and for the premises and persons named in the application, and shall not be transferable or assignable. The fee for a clinical laboratory license shall be as set forth in  23-1-54 for each specialty for which the laboratory is approved. The fee for a station license shall be as set forth in  23-1-54. The fees shall be made payable to the general treasurer, state of Rhode Island, and submitted with the application to the department of health.  (b) It shall be unlawful for any persons, corporations, or other form of entity to own, operate, maintain, conduct, or sponsor a temporary or ad hoc screening program without having obtained a permit from the director of health. The fee for any permit shall be as set forth in  23-1-54. It is within the directors discretion to waive the fee. All fees shall be made payable to the general treasurer, state of Rhode Island. Nothing contained in this section shall require any licensed persons, corporations, or other entity to pay the permit fee, if the screening program is provided free of charge to the public by the licensed persons, corporation, or entity.  History of Section.P.L. 1961, ch. 94,  1; P.L. 1964, ch. 114,  1; P.L. 1971, ch. 85,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-4; P.L. 1982, ch. 126,  1; P.L. 1988, ch. 397,  1; P.L. 1989, ch. 216,  1; P.L. 1990, ch. 65, art. 51,  1; P.L. 1992, ch. 413,  1; P.L. 1999, ch. 204,  1; P.L. 2003, ch. 59,  1; P.L. 2003, ch. 72,  1; P.L. 2007, ch. 73, art. 39,  29; P.L. 2012, ch. 241, art. 9,  39. 
 23-16.2-5.1. Payment for services rendered by clinical laboratories  Commissions, rebates, and fees  Use of laboratorys name. (a) It shall be unlawful for any purveyor of clinical laboratory services, directly or indirectly, through any person, firm, corporation, or association, or its officers or agents, to bill or receive payment, reimbursement, compensation, or fee from any person other than the recipient of the services, the recipient being the person upon whom the clinical services have been or will be rendered.  (b) The provisions of subsection (a) of this section shall be inapplicable to payment by:  (1) A legal relative of the recipient of the services;  (2) An insurance carrier designated by the recipient of the services;  (3) A hospital on behalf of an in-patient or out-patient of the hospital having been the recipient of the services;  (4) One purveyor to another purveyor for actual services rendered;  (5) An industrial firm only for its own employees;  (6) A trade union health facility only for its registered patients;  (7) Governmental agencies and/or their specified public or private agent, agency, or organization on behalf of the recipient of the services.  (c) A clinical laboratory shall not offer or give a commission, rebate or other fee, directly or indirectly, to any person as consideration for the referral of a specimen derived from a human body to a clinical laboratory for examination by the laboratory.  (d) A clinical laboratory shall not solicit or accept a commission, rebate, or other fee, directly or indirectly, from any person as consideration for the referral of a specimen derived from the human body to a clinical laboratory for examination by the laboratory.  (e) A clinical laboratory shall not lend the use of the name of a clinical laboratory or a licensed hospital or clinic, or any other employee of the laboratory or institution, to an unlicensed clinical laboratory.  History of Section.P.L. 1975, ch. 114,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-5.1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-5.1. 
 23-16.2-5. Establishment of rules and regulations  Hearing  Notice. (a) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the director of health.  (b) Hearings authorized or required under this chapter shall be conducted by the director of health or any officer, agent, or employee that the director of health may designate for this purpose.  (c) Before promulgating any regulation, the director of health shall give appropriate public notice of its proposal and the time and place for a public hearing on the proposed regulation. The regulation so promulgated shall be filed with the office of the secretary of state and shall become effective on a date fixed by the director of health (which date shall not be less than thirty (30) days after its promulgation). The regulation may be amended or repealed in the same manner provided for its adoption.  History of Section.P.L. 1961, ch. 94,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-5. 
 23-16.2-6. Issuance or denial of license. Not less than thirty (30) days from the time any application for the license is received, the director shall grant the application and issue a license to maintain a laboratory or station if the director shall be satisfied that the applicant complies with the rules and regulations promulgated in accordance with this chapter establishing standards for the qualifications of personnel and adequacy of equipment and facilities. The standards for qualification of personnel who perform clinical laboratory tests shall require, as a minimum, successful completion of a nationally recognized certification examination. Notwithstanding this requirement, the director may establish, by regulation, alternative criteria for individuals who previously qualified under federal regulatory requirements, such as 42 C.F.R.  493.1433 of the March 14, 1990 federal register, or other criteria that may be established to have met the requirements of this chapter. Notwithstanding the preceding statements in this section, upon payment of any applicable license fees, the director may grant immediate licensure to any clinical laboratory licensed as a clinical laboratory in another state and certified under the Clinical Laboratory Improvement Act of 1988, when the clinical laboratory has been asked to perform a clinical laboratory service which is not offered by any other clinical laboratory then licensed in this state.  History of Section.P.L. 1961, ch. 94,  1; P.L. 1971, ch. 85,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-39-6; P.L. 1982, ch. 126,  1; P.L. 1992, ch. 413,  1; P.L. 2015, ch. 141, art. 20,  18. 
 23-16.2-7. Suspension and revocation of license. (a) The department of health may revoke or suspend the license or specific certification of any laboratory or station for conduct by or chargeable to the laboratory or stations as follows:  (1) Failure to observe any term of the license or specific certification issued under authority of this chapter by the department of health;  (2) Failure to observe any order made under authority of this chapter or under the statutory authority vested in the department of health;  (3) Engaging in, aiding, abetting, causing, or permitting any action prohibited under this chapter;  (4) Failing to observe any regulations promulgated by the department of health.  (b) Whenever the director shall have reason to believe that any laboratory or station, for the maintenance of which the director has issued a license or specific certification as provided for in  23-16.2-4, is being maintained in violation of the rules and regulations provided in  23-16.2-5, the director may, pending an investigation and hearing, suspend for a period not exceeding thirty (30) days, any license or specific certification issued under authority of this chapter and may, after due notice and hearing, revoke the license or specific certification if the director finds that the laboratory or station is being maintained in violation of the rules and regulations. The holder of a license shall upon its revocation promptly surrender the license or specific certification to the director.  (c) The director may revoke or suspend the license, or may impose appropriate fines as promulgated in regulation, of any laboratory or station that does not ensure that all personnel meet the requirements of this chapter.  History of Section.P.L. 1961, ch. 94,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-7; P.L. 1982, ch. 126,  1; P.L. 2003, ch. 59,  1; P.L. 2003, ch. 72,  1; P.L. 2015, ch. 141, art. 20,  18. 
 23-16.2-8. Judicial review of license action. Any person aggrieved by a decision of the director refusing to grant an application for a license to maintain a laboratory or station or suspending or revoking a license or specific certification already issued, may appeal the decision to the superior court which shall have power to review the entire proceedings of any hearing before the department of health in the manner provided in chapter 35 of title 42.  History of Section.P.L. 1961, ch. 94,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-8; P.L. 1982, ch. 126,  1; P.L. 2003, ch. 59,  1; P.L. 2003, ch. 72,  1. 
 23-16.2-9. Access and inspection powers. For the purpose of this chapter, the director or the directors duly authorized agents or employees shall, at all reasonable times, have authority to enter upon any and all parts of the premises on which any laboratory or station is located and of the premises appurtenant to any laboratory or station to make any examination or investigation whatsoever for the purpose of determining whether the provisions of this chapter or rules or regulations of the department are being violated.  History of Section.P.L. 1961, ch. 94,  1; P.L. 1978, ch. 356,  1; G.L. 1956,  23-39-9; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16.2-9; P.L. 1982, ch. 126,  1. 
 23-16.3-1. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-10. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-11. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-12. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-13. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-14. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-15. Repealed. History of Section.P.L. 1992, ch. 97,  1; P.L. 1995, ch. 370, art. 40,  62; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-16. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-2. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-3. Repealed. History of Section.P.L. 1992, ch. 97,  1; P.L. 1994, ch. 394,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-4. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-5. Repealed. History of Section.P.L. 1992, ch. 97,  1; P.L. 1994, ch. 394,  1; P.L. 2000, ch. 467,  1; P.L. 2001, ch. 317,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-6. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-7. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-8. Repealed. History of Section.P.L. 1992, ch. 97,  1; P.L. 2008, ch. 475,  47; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.3-9. Repealed. History of Section.P.L. 1992, ch. 97,  1; Repealed by P.L. 2015, ch. 141, art. 20,  19, effective June 30, 2015. 
 23-16.4-1. Declaration of intent and purpose. Whereas, recent medical and technological advances have had tremendous benefit to patients, and society as a whole, and biomedical research for the purpose of scientific investigation of disease or cure of a disease or illness should be preserved and protected and not be impeded by regulations involving the cloning of an entire human being; and  Whereas, molecular biology, involving human cells, genes, tissues, and organs, has been used to meet medical needs globally for more than thirty (30) years, and has proved a powerful tool in the search for cures, leading to effective medicines to treat cystic fibrosis, diabetes, heart attack, stroke, hemophilia, and HIV/AIDS;  The purpose of this legislation is to place a ban on the creation of a human being through division of a blastocyst, zygote, or embryo or somatic cell nuclear transfer, and to protect the citizens of the state from potential abuse deriving from cloning technologies. This ban is not intended to apply to the cloning of human cells, genes, tissues, or organs that would not result in the replication of an entire human being. Nor is this ban intended to apply to in vitro fertilization, the administration of fertility enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant, so long as that procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.  History of Section.P.L. 1998, ch. 189,  1; P.L. 2013, ch. 319,  1; P.L. 2013, ch. 387,  1. 
 23-16.4-2. Cloning of human beings prohibited. (a) Prohibition. [Expires July 7, 2017] No person or entity shall utilize somatic cell nuclear transfer for the purpose of initiating or attempting to initiate a human pregnancy nor shall any person create genetically identical human beings by dividing a blastocyst, zygote, or embryo.  (b) Definitions.(1) Nucleus means the cell structure that houses the chromosomes, and thus the genes;  (2) Oocyte means the female germ cell, the egg;  (3) Somatic cell means any cell of a conceptus, embryo, fetus, child, or adult not biologically determined to become a germ cell; and  (4) Somatic cell nuclear transfer means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus has been removed.   (c) Protected research and practices.(1) Nothing in this section shall be construed to restrict areas of biomedical, microbiological, and agricultural research or practices not expressly prohibited in this section, including research or practices that involve the use of:  (i) Somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA, cells, and tissues;  (ii) Mitochondrial, cytoplasmic, or gene therapy; or  (iii) Somatic cell nuclear transfer techniques to create animals.  (2) Nothing in this section shall be construed to prohibit:  (i) In vitro fertilization, the administration of fertility-enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant, so long as that pregnancy is not specifically intended to result in the production of a child who is genetically identical to another human being, living or dead;  (ii) Any activity or procedure that results, directly or indirectly in two (2) or more natural identical twins.   History of Section.P.L. 1998, ch. 189,  1; P.L. 2013, ch. 319,  1; P.L. 2013, ch. 387,  1. 
 23-16.4-3. Penalties. (a) For violations of  23-16.4-1 the director of the department of health may, after appropriate notice and opportunity for a hearing, by order, levy administrative penalties as follows:  (1) If the violator is a corporation, firm, clinic, hospital, laboratory, or research facility, by a civil penalty of not more than one million dollars ($1,000,000), or the applicable amount under subdivision (a)(3), whichever is greater.  (2) If the violator is an individual or an employee of the firm, clinic, hospital, laboratory, or research facility acting without the authorization of the firm, clinic, hospital, or research facility, by a civil penalty of not more than two hundred fifty thousand dollars ($250,000) or the applicable amount under subdivision (a)(3), whichever is greater.  (3) If any violator derives pecuniary gain from a violation of this section, the violator may be assessed a civil penalty of not more than an amount equal to the amount of the gross gain multiplied by two (2).  (c) The administrative penalties provided in this section shall be paid to the general fund.  (c) Nothing in this chapter shall be construed to give any person a private right of action.  History of Section.P.L. 1998, ch. 189,  1. 
 23-16.4-4. Sunset clause. Subsection 23-16.4-2(a) shall expire on July 7, 2017. History of Section.P.L. 1998, ch. 189,  1; P.L. 2002, ch. 228,  1; P.L. 2013, ch. 319,  1; P.L. 2013, ch. 387,  1. 
 23-16-1. Short title. This chapter may be cited as the Health Facilities Construction Act. History of Section.P.L. 1965, ch. 152,  1; G.L. 1956,  23-15-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16-1. 
 23-16-2. Federal funds for survey and planning. Except where a single state agency is otherwise designated or established in accordance with any other state law, the department of health is designated to be the sole agency of the state to establish and administer any statewide plan for the construction, equipment, maintenance, or operation of any facility for the provision of care, treatment, diagnosis, rehabilitation, training, or related services, which plan is now or may be required as a condition to the eligibility for benefits under any federal act. The state department of health is also authorized to receive, administer, and expend any funds that may be available under any federal act or from any other source, public or private, for those purposes.  History of Section.P.L. 1965, ch. 152,  1; P.L. G.L. 1956,  23-15-2; 1979, ch. 39,  1; G.L. 1956,  23-16-2. 
 23-16-3. State advisory council. The governor shall establish a state advisory council or councils and appoint appropriate representatives, including representatives required as a condition of eligibility for benefits under the appropriate federal act or acts, to consult with the director of the state department of health in carrying out the purposes of this chapter.  History of Section.P.L. 1965, ch. 152,  1; P.L. G.L. 1956,  23-15-3; 1979, ch. 39,  1; G.L. 1956,  23-16-3. 
 23-16-4. Powers of the director. The director of the state department of health is authorized and empowered to comply with or do any and all other acts or duties necessary or required to be done as a condition to receiving federal aid or grants with respect to the establishment, construction, maintenance, equipping, or operation for all the people of the state of adequate facilities and services as specified in  23-16-2, including, but not limited to, the authority:  (1) To provide for an inventory of existing facilities or a particular category or categories of existing facilities, and to survey the need for additional facilities;  (2) To develop and administer a construction program or programs which, in conjunction with existing facilities, will afford adequate facilities to serve the people of the state;  (3) To provide methods of administration, including personnel standards, on a merit basis, and to require reports, make investigations, and prescribe regulations;  (4) To provide for priority of projects or facilities;  (5) To provide to applicants an opportunity for a fair hearing before the state department of health;  (6) To procure in the directors discretion the temporary or intermittent services of experts or consultants or organizations of experts or consultants by contract, when the services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties; and  (7) To prescribe and require compliance with standards of maintenance and operation applicable to those facilities that are reasonably necessary to protect the public health, welfare, and safety.  History of Section.P.L. 1965, ch. 152,  1; G.L. 1956,  23-15-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16-4. 
 23-16-5. Compensation and meeting of council members. Members of the state advisory council or councils that may be established under  23-16-3, while serving on business of the council or councils, shall receive compensation at the rate of twenty-five dollars ($25.00) per day. The council or councils shall meet as frequently as the director deems necessary, but not less than once each year.  History of Section.P.L. 1965, ch. 152,  1; G.L. 1956,  23-15-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16-5. 
 23-16-6. Funds for administration. There is authorized to be appropriated from the state treasury those sums that may be necessary for the purposes of administering this chapter.  History of Section.P.L. 1965, ch. 152,  1; G.L. 1956,  23-15-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16-6. 
 23-16-7. Separation of funds. There is authorized to be established, separate and apart from all public money and funds of this state, the fund or funds that may be needed to comply with the regulations or requirements of the federal act or acts and to be used solely for the purposes that are established under the federal act or acts.  History of Section.P.L. 1965, ch. 152,  1; G.L. 1956,  23-15-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16-7. 
 23-16-8. Severability. If any provision of this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 1965, ch. 152,  1; G.L. 1956,  23-15-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-16-8. 
 23-17.1-1  23-17.1-19. Repealed.
 23-17.10-1. Definitions. As used in this chapter the following words, unless the context clearly requires otherwise, have the following meanings:  (1) Administrative penalty means a monetary penalty not to exceed the civil penalty specified by statute or, where not specified by statute, an amount not to exceed five thousand dollars ($5,000), plus interest.  (2) Director means the director of the department of health or his or her duly authorized agent.  (3) Health care facility has the same meaning as contained in the regulations promulgated by the director of health pursuant to chapter 17 of this title.  (4) Person means any agency or political subdivision of the state, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity or any group of them or any officer, employee, or agent of them.  (5) Skilled or intermediate care facility has the same meaning as contained in regulations promulgated by the director of health pursuant to chapter 17 of this title.  History of Section.P.L. 1988, ch. 182,  1; P.L. 1989, ch. 543,  2. 
 23-17.10-2. Authority of the director to assess penalty. The director may assess an administrative penalty on a person who fails to comply with any federal requirements for participation in the Medicare or Medicaid program, any provision of chapter 17 of this title as the provision relates to skilled nursing or intermediate care facilities, any provision of chapter 17.5 of this title, any rule, regulation, order, license, or approval issued or adopted by the director relating to skilled nursing or intermediate care facilities, or any rule, regulation, or order regarding the management of infectious waste in health care facilities. The penalty shall be deemed to be concurrent with any other civil penalty that may be prescribed by law.  History of Section.P.L. 1988, ch. 182,  1; P.L. 1989, ch. 543,  2. 
 23-17.10-3. Notice of violation and assessment of penalty. Whenever the director seeks to assess an administrative penalty on any person, the director shall cause to be served upon the person, either by service, in hand, or by certified mail, return receipt requested, a written notice of its intent to assess an administrative penalty which shall include a concise statement of the alleged act or omission for which the administrative penalty is sought to be assessed, each law, rule, regulation, order, license, or approval which has not been complied with as a result of the alleged act or omission, the amount which the director seeks to assess as an administrative penalty for each alleged act or omission, a statement of the persons right to a hearing on the proposed assessment, and the manner of payment if the person elects to pay the penalty and waive hearing.  History of Section.P.L. 1988, ch. 182,  1. 
 23-17.10-4. Right to adjudicatory hearing. (a) Whenever the director seeks to assess an administrative penalty on any person, the person shall have the right to a hearing under chapter 35 of title 42, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter.  (b) The person shall be deemed to have waived the right to a hearing unless, within ten (10) days of the date of the directors notice that he or she seeks to assess an administrative penalty, the person files with the director a written statement denying the occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that the money amount of the proposed administrative penalty is excessive. In any hearing authorized pursuant to chapter 35 of title 42, the director shall, by preponderance of the evidence, prove the occurrence of each act or omission alleged by the director.  (c) If a person waives his or her right to an adjudicatory hearing, the proposed administrative penalty shall be final immediately upon the waiver.  History of Section.P.L. 1988, ch. 182,  1. 
 23-17.10-5. Judicial review. If an administrative penalty is assessed at the conclusion of a hearing, the administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial review of the decision is commenced pursuant to chapter 35 of title 42.  History of Section.P.L. 1988, ch. 182,  1. 
 23-17.10-6. Determination of administrative penalty. In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations:  (1) The actual and potential impact on health, safety, and welfare of the public or any member of the public of the failure to comply;  (2) The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;  (3) Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance, and to remedy and mitigate whatever harm might have been done as a result of the noncompliance;  (4) Whether the person being assessed the administrative penalty has previously failed to comply with any:  (i) Federal requirement for participation in the Medicare or Medicaid programs;  (ii) Rule, regulation, order, license, or approval issued or adopted by the director;  (iii) Law relating to skilled nursing or intermediate care facilities; or  (iv) Rule, regulation, or order regarding the management of infectious waste in health care facilities;  (5) Making compliance less costly than noncompliance;  (6) Deterring future noncompliance;  (7) The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired over competitors from the noncompliance;  (8) Whether the failure to comply was intentional, willful, or knowing and not the result of error;  (9) Any amount specified by state and/or federal statute for a similar violation or failure to comply;  (10) Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and  (11) The public interest.  History of Section.P.L. 1988, ch. 182,  1; P.L. 1989, ch. 543,  2. 
 23-17.10-7. Amount of penalty. The administrative penalty shall be not more than five thousand dollars ($5,000) plus interest for each violation or failure to comply unless a different amount is authorized by statute as a civil penalty for the subject violation. Each and every occurrence and/or day during which the violation or failure to comply is repeated shall constitute a separate and distinct violation. An administrative penalty may be assessed with interest, for each day in which a person is found to be in violation or noncompliance with any federal requirement for participation in the Medicare or Medicaid program, any state law relating to skilled nursing or intermediate care facility, any rule, regulation, order, license, or approval issued or adopted by the director, or any rule, regulation, or order regarding the management of infectious waste in health care facilities. All monies collected shall be deposited in the general fund and administered by the general treasurer.  History of Section.P.L. 1988, ch. 182,  1; P.L. 1989, ch. 543,  2. 
 23-17.10-8. Rules and regulations. The director is authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter.  History of Section.P.L. 1988, ch. 182,  1. 
 23-17.10-9. Severability. If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 1988, ch. 182,  1. 
 23-17.11-1. Legislative findings. The general assembly finds and declares that the health and welfare of the citizens of the state requires the close supervision of skilled nursing facilities and intermediate care facilities.  History of Section.P.L. 1988, ch. 528,  1. 
 23-17.11-10. Lien. The state shall have a lien for reasonable costs incurred pursuant to this chapter on the following property: the building in which the facility is located if owned by a controlling person; the land on which the facility is located if owned by a controlling person; and any fixtures, equipment or goods used in the operation of the facility if owned by a controlling person. Such lien shall be prior to any mortgage or lien which the court finds has been executed or obtained for a fraudulent purpose or to hinder or delay creditors. Such lien shall also be prior to a mortgage or lien held by any person with an ownership interest in the nursing facility; or held by any controlling person.  History of Section.P.L. 2005, ch. 159,  3; P.L. 2005, ch. 226,  3. 
 23-17.11-11. Whistleblower protections. (a) Prohibition against discrimination. No person subject to the provisions of this chapter may discharge, demote, threaten or otherwise discriminate against any person or employee with respect to compensation, terms, conditions or privileges of employment as a reprisal because the person or employee (or any person acting pursuant to the request of the employee) provided or attempted to provide information to the director or his or her designee or to the attorney general or his or her designee regarding possible violation of this chapter.  (b) Enforcement. Any person or employee or former employee subject to the provisions of this chapter who believes that he or she has been discharged or discriminated against in violation of subsection (a) may file a civil action within three (3) years of the date of discharge or discrimination.  (c) Remedies. If the court determines that a violation has occurred, the court may order the person who committed the violation to:  (1) Reinstate the employee to the employees former position;  (2) Pay compensatory damages, costs of litigation and attorneys fees; and/or  (3) Take other appropriate actions to remedy any past discrimination.  (d) Limitation. The protections of this section shall not apply to any person or employee who:  (1) Deliberately causes or participates in the alleged violation of law or regulation; or  (2) Knowingly or recklessly provides substantially false information to the director or the attorney general or his or her designees.  History of Section.P.L. 2005, ch. 159,  3; P.L. 2005, ch. 226,  3. 
 23-17.11-12. Penalties. Any facility or person that intentionally fails to comply with  23-17.11-4(c) and (d), 23-17.11-7 and 23-17.11-8 shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars ($1,000) or imprisoned for not more than one year. Each day of violation shall constitute a separate and distinct offense for calculation of the penalty. Each controlling person of a facility subject to penalties under this section shall be severally and personally liable for any fine, penalty or imprisonment provided in this section for violating  23-17.11-4(c) and (d), 23-17.11-7, and 23-17.11-8 of this chapter.  History of Section.P.L. 2005, ch. 159,  3; P.L. 2005, ch. 226,  3. 
 23-17.11-13. Severability. If any provision of this chapter or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.  History of Section.P.L. 2005, ch. 159,  3; P.L. 2005, ch. 226,  3. 
 23-17.11-2. Declaration of purpose. The purpose of this chapter is to ensure quality care for citizens of the state by vesting in the department of health the power necessary to regulate nursing facilities and provide appropriate legal remedies to provide quality of care for residents in nursing care facilities.  History of Section.P.L. 1988, ch. 528,  1; P.L. 2005, ch. 159,  2; P.L. 2005, ch. 226,  2. 
 23-17.11-3. Definitions. As used in this chapter: (1) Department means the department of health.  (2) Director means the director of the department of health.  (3) Facility means any nursing facilities as defined in chapter 17 of this title and the regulations adopted under chapter 17 of this title.  (4) Person means any individual, trust or estate, partnership, limited liability company, limited liability partnership, corporation (including associations, joint stock companies and insurance companies), state or political subdivision or instrumentality of a state.  (5) Resident means a person who resides in a nursing facility as defined in chapter 17 of this title and the regulations adopted pursuant to chapter 17 of this title.  (6) Mismanagement means the directors determination that a facility lacks financial solvency or has demonstrated the inability to correct patterns of deficiencies in resident care or management. These deficiencies may be evidenced by excessive turnover and instability in the administration and clinical leadership, a consistent pattern of maintaining inadequate direct care and support service personnel or a demonstrated failure to implement a plan of correction and/or remediation as prescribed by the department.  (7) Financial solvency shall be defined by the department through regulation. Such regulation shall develop in consultation with the department of human services. In developing the definition, the department shall consider whether any of the following criteria should be included in the definition of financial solvency and whether other criteria should apply:  (i) Sufficient liquid resources, including anticipated accounts receivable due from providing care to residents to operate the facility for thirty (30) days;  (ii) Current to agreed-upon payment terms for all material financial obligations of the facility including, but not limited to, mortgage payments, lease payments, management contracts, payments to employees and for all employee benefit programs, payments for food and other resident supplies, payments for utilities and payments of all state and federal taxes;  (iii) Free from lien resulting from default by the facility;  (iv) No combination of current indebtedness totaling more than one hundred twenty (120) days of total facility revenues;  (v) Significant operating losses for two (2) successive years;  (vi) Frequent requests for advances on Medicaid reimbursement;  (vii) Unfavorable working capital ratios of assets to liabilities;  (viii) High proportion of accounts receivable more than ninety (90) days old;  (ix) Increasing accounts payable, unpaid taxes and/or payroll related costs;  (x) Minimal or decreasing equity and/or reserves; and/or  (xi) High levels of debt and high borrowing costs.  (8) Controlling person means any person or entity in control of a nursing facility directly or indirectly, including:  (i) In the case of a corporation or a limited liability company, or limited liability partnership, a person having a beneficial ownership interest of five percent (5%) or more in the corporation, limited liability company or limited liability partnership to which the facility is licensed;  (ii) In the case of a general partnership or limited partnership, any general partner;  (iii) In the case of a limited liability company, or limited liability partnership any member;  (iv) A legal entity that operates or contracts with another person for the operation of a nursing facility or an owner thereof;  (v) Each of the president, vice president, secretary and treasurer of a corporation that is not exempt from taxation under  501(a) of the United States Internal Revenue Code as an organization described in  501(c)(3) of such code; and  (vi) Such other ownership interest or relationship as may be determined by the director.  History of Section.P.L. 1988, ch. 528,  1; P.L. 2005, ch. 159,  2; P.L. 2005, ch. 226,  2. 
 23-17.11-4. Powers and duties of director. (a) The director shall promulgate any rules and regulations pertaining to nursing facilities that he or she shall determine are necessary and proper to carry out the purposes of this chapter and shall establish a process for notification of quality of care concerns, survey results and enforcement actions to residents and their families, residents legal representative and health care providers, the long-term care ombudsman, and the public.  (b) The director shall have proper standing and is authorized to bring suit in the superior court to enforce the provisions of this chapter. The attorney general or his or her designee shall represent the director in the proceeding, including any ancillary proceeding and any appeals resulting from the proceeding.  (c) The facility shall be responsible for all costs associated with this chapter in an amount to be determined by the director or the attorney general, subject to the approval of the superior court.  (d) For the purposes of this chapter, any nursing facility licensed under chapter 17 of this title shall provide on demand to the director of the department of health, the director of the department of human services and the attorney general any and all documents referring or relating to the financial management of the facility, including, but not limited to; liens; Medicaid cost reports; accounts receivable; accounts payable; monthly unaudited financial statements; audited, reviewed or compiled financial statements as prepared in the ordinary course of business; contracts with related parties; tax returns related to indebtedness; payroll and staffing; state taxes and federal taxes.  History of Section.P.L. 1988, ch. 528,  1; P.L. 2005, ch. 159,  2; P.L. 2005, ch. 226,  2. 
 23-17.11-5. Notification of closure  Appointment of receiver. (a) Whenever the department shall receive notification that the closure of a facility is imminent, the director shall petition the superior court for the appointment of a receiver, unless the director shall specifically determine and find that adequate and sufficient arrangements have been made by the owner and/or management of the facility:  (1) To accomplish the safe and orderly removal and placement of all residents of the facility; and  (2) To safeguard the health, safety, and well-being of all residents of the facility.  (b) The court shall appoint a receiver if it determines that the appointment of a receiver is necessary or appropriate to the safe and orderly removal and placement of the persons and/or to the protection of the health, safety, and well-being of the persons. The court may, as it deems necessary or appropriate to accomplish the purposes of this chapter, confer upon any receiver appointed under this section any or all of the following powers:  (1) All power under common law and the laws of this state and the rules of its courts regarding receiverships generally;  (2) The power to effectuate the safe and orderly removal and placement of all residents of the facility in a manner which will not be detrimental to the health and safety of the persons; and/or  (3) The power to continue to operate the facility for the benefit of the residents of the facility until the safe and orderly removal and placement of all residents of the facility have been accomplished.  (c) Every plan for removal of persons from a facility shall be subject to approval by the court.  (d) Upon the removal of the last resident from a facility, the licensee shall forfeit his or her license to operate the facility.  History of Section.P.L. 1988, ch. 528,  1. 
 23-17.11-6. Mismanagement of facility. (a) Whenever the director shall determine that a facility is being mismanaged or operated in a manner which will have a detrimental impact on the health, safety, or well-being of any residents of a facility, and that the appointment of a receiver would facilitate the protection of health, safety, or well-being of the residents of the facility, the director shall petition the superior court for the appointment of a receiver.  (b) The court shall appoint a receiver if it determines that the appointment of a receiver is necessary or appropriate to the protection of the health, safety, and well-being of the persons. The court shall appoint as a receiver any person(s) who shall have experience in the delivery of health care services, and, if feasible, shall have experience with the operation of long-term care facilities. A receiver shall not have a financial interest in, or any affiliation with, the facility that is the subject of the receivership including, but not limited to, its owners, licensee, management company, employee(s), agent(s), or related party(ies). The court may, as it deems necessary or appropriate to accomplish the purposes of this chapter, confer upon any receiver appointed under this section any or all of the following powers:  (1) All power under common law and the laws of this state and the rules of its courts regarding receiverships generally;  (2) The power to continue to operate the facility for the benefit of the residents of the facility;  (3) The power to sell the facility with the approval of the court; and/or  (4) The power to facilitate the safe and orderly removal and placement of all residents of the facility in a manner which will not be detrimental to the health and safety of the residents.  (c) Every plan for closure of a facility shall be subject to approval by the court.  (d) Upon the removal of the last resident from a facility, the licensee shall forfeit his or her license to operate the facility.  History of Section.P.L. 1988, ch. 528,  1; P.L. 2005, ch. 159,  2; P.L. 2005, ch. 226,  2. 
 23-17.11-7. Reports  Use of experts  Costs. The department of health or the department of attorney general may, in effectuating the purposes of this chapter, engage experts or consultants, including, but not limited to, accountants, auditors, nursing home administrators, medical doctors, nurses or industry analysts. All copies of reports prepared by experts and consultants, and costs associated with these reports, shall be made available to the facility and to the public. All costs incurred under this chapter shall be the responsibility of the facility in an amount to be determined by the attorney general or the director, as they deem appropriate.  History of Section.P.L. 2005, ch. 159,  3; P.L. 2005, ch. 226,  3. 
 23-17.11-8. Duty to cooperate. The facility has a duty to cooperate with the director and the attorney general in all aspects as related to this chapter.  History of Section.P.L. 2005, ch. 159,  3; P.L. 2005, ch. 226,  3. 
 23-17.11-9. Retaliation prohibited. (a) No discriminatory, disciplinary or retaliatory action shall be taken by the facility against any officer or employee of a facility; or against any guardian or family member of any resident; or against any resident of the facility; or against any volunteer, for any communication by him or her with the director or the attorney general or their designees pursuant to the provisions of this chapter. The identity of individuals who ask to remain anonymous shall be protected. All anonymous communications shall be investigated but shall not constitute the sole basis for disciplinary action by the director or the attorney general.  (b) Enforcement. Any person who believes that he or she has been retaliated or discriminated against in violation of subsection (a) may file a civil action within three (3) years of the date of retaliation or discrimination.  (c) Remedies. If the court determines that violation has occurred, the court may order the person who committed the violation to:  (1) Pay compensatory damages, costs of litigation and attorneys fees; and/or  (2) Take other appropriate actions to remedy any part retaliation or discrimination.  (d) Limitation. The protections of this section shall not apply to any person who knowingly or recklessly provides substantially false information to the director or the attorney general or their designees.  History of Section.P.L. 2005, ch. 159,  3; P.L. 2005, ch. 226,  3. 
 23-17.12-1. Repealed. History of Section.P.L. 1992, ch. 398,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-10. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1999, ch. 222,  1; P.L. 1999, ch. 512,  1; P.L. 2005, ch. 184,  1; P.L. 2005, ch. 238,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-11. Repealed. History of Section.P.L. 1992, ch. 398,  1; Repealed by P.L. 1996, ch. 139,  2, effective August 2, 1996. Section 23-17.12-11 was repealed again by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-12. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 2014, ch. 178,  1; P.L. 2014, ch. 204,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-13. Repealed. History of Section.P.L. 1992, ch. 398,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-14. Repealed. History of Section.P.L. 1992, ch. 398,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-15. Repealed. History of Section.P.L. 1992, ch. 398,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-16. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1995, ch. 370, art. 40,  65; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-17. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 2001, ch. 86,  71; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-2. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1999, ch. 222,  1; P.L. 1999, ch. 512,  1; P.L. 2002, ch. 328,  1; P.L. 2006, ch. 221,  1; P.L. 2006, ch. 355,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-3. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1996, ch. 139,  1; P.L. 1999, ch. 222,  1; P.L. 1999, ch. 512,  1; P.L. 2001, ch. 238,  1; P.L. 2003, ch. 283,  1; P.L. 2003, ch. 350,  1; P.L. 2005, ch. 184,  1; P.L. 2005, ch. 238,  1; P.L. 2006, ch. 221,  1; P.L. 2006, ch. 355,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-4. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1995, ch. 370, art. 40,  65; P.L. 1996, ch. 139,  1; P.L. 1999, ch. 222,  1; P.L. 1999, ch. 512,  1; P.L. 2005, ch. 184,  1; P.L. 2005, ch. 238,  1; P.L. 2006, ch. 221,  1; P.L. 2006, ch. 355,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-5. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1999, ch. 222,  1; P.L. 1999, ch. 512,  1; P.L. 2005, ch. 184,  1; P.L. 2005, ch. 238,  1; P.L. 2006, ch. 221,  1; P.L. 2006, ch. 355,  1; P.L. 2008, ch. 475,  50; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-6. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1996, ch. 139,  1; P.L. 2005, ch. 184,  1; P.L. 2005, ch. 238,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-7. Repealed. History of Section.P.L. 1992, ch. 398,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-8.1. Repealed. History of Section.P.L. 2006, ch. 218,  1; P.L. 2008, ch. 304,  1; P.L. 2008, ch. 424,  1; P.L. 2010, ch. 190,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-8. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1993, ch. 68,  1; P.L. 1994, ch. 70, art. 36,  2; P.L. 1996, ch. 139,  1; P.L. 1999, ch. 222,  1; P.L. 1999, ch. 512,  1; P.L. 2005, ch. 184,  1; P.L. 2005, ch. 238,  1; P.L. 2006, ch. 221,  1; P.L. 2006, ch. 355,  1; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.12-9. Repealed. History of Section.P.L. 1992, ch. 398,  1; P.L. 1996, ch. 139,  1; P.L. 1999, ch. 222,  1; P.L. 1999, ch. 512,  1; P.L. 2005, ch. 184,  1; P.L. 2005, ch. 238,  1; P.L. 2006, ch. 221,  1; P.L. 2006, ch. 355,  1; P.L. 2008, ch. 475,  50; Repealed by P.L. 2017, ch. 302, art. 5,  1, effective January 1, 2018. 
 23-17.13-1. Repealed. History of Section.P.L. 1996, ch. 41,  1; Repealed by P.L. 2017, ch. 302, art. 5,  2, effective January 1, 2018. 
 23-17.13-2. Repealed. History of Section.P.L. 1996, ch. 41,  1; P.L. 2003, ch. 214,  1; Repealed by P.L. 2017, ch. 302, art. 5,  2, effective January 1, 2018. 
 23-17.13-3. Repealed. History of Section.P.L. 1996, ch. 41,  1; P.L. 1999, ch. 123,  1; P.L. 2003, ch. 214,  1; P.L. 2008, ch. 475,  51; Repealed by P.L. 2017, ch. 302, art. 5,  2, effective January 1, 2018. 
 23-17.13-4. Repealed. History of Section.P.L. 1996, ch. 41,  1; Repealed by P.L. 2017, ch. 302, art. 5,  2, effective January 1, 2018. 
 23-17.13-5. Repealed. History of Section.P.L. 1996, ch. 41,  1; Repealed by P.L. 2017, ch. 302, art. 5,  2, effective January 1, 2018. 
 23-17.13-6. Repealed. History of Section.P.L. 2009, ch. 41,  1; P.L. 2009, ch. 52,  1; Repealed by P.L. 2017, ch. 302, art. 5,  2, effective January 1, 2018. 
 23-17.13-7. Repealed. History of Section.P.L. 2014, ch. 411,  1; P.L. 2014, ch. 443,  1; Repealed by P.L. 2017, ch. 302, art. 5,  2, effective January 1, 2018. 
 23-17.14-1. Short title. This chapter shall be known and may be cited as The Hospital Conversions Act. History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-10. Review process of department of attorney general and department of health and criteria by department of attorney general  Conversions limited to not-for-profit corporations. (a) In reviewing an application of a conversion involving a hospital in which the transacting parties are limited to not-for-profit corporations, except as provided in  23-17.14-12.1, the department of attorney general and department of health shall adhere to the following process:  (1) Within thirty (30) days after receipt of an initial application, the department of attorney general and department of health shall jointly advise the applicant, in writing, whether the application is complete, and, if not, shall specify all additional information the applicant is required to provide;  (2) The applicant will submit the additional information within thirty (30) working days. If the additional information is submitted within the thirty-day (30) period, the department of attorney general and department of health will have ten (10) working days within which to determine acceptability of the additional information. If the additional information is not submitted by the applicant within the thirty-day (30) period or if either agency determines the additional information submitted by the applicant is insufficient, the application will be rejected without prejudice to the applicants right to resubmit, the rejection to be accompanied by a detailed written explanation of the reasons for rejection. If the department of attorney general and department of health determine the additional information to be as requested, the applicant will be notified, in writing, of the date of acceptance of the application;  (3) Within thirty (30) working days after acceptance of the initial application, the department of attorney general shall render its determination on confidentiality pursuant to  23-17.14-32 and the department of attorney general and department of health shall publish notice of the application in a newspaper of general circulation in the state and shall notify by United States mail any person who has requested notice of the filing of the application. The notice shall:  (i) State that an initial application has been received and accepted for review;  (ii) State the names of the transacting parties;  (iii) State the date by which a person may submit written comments to the department of attorney general or department of health; and  (iv) Provide notice of the date, time, and place of informational meeting open to the public which shall be conducted within sixty (60) days of the date of the notice;  (4) The department of attorney general and department of health shall each approve, approve with conditions directly related to the proposed conversion, or disapprove the application within one hundred eighty (180) days of the date of acceptance of the application.  (b) In reviewing an application of a conversion involving a hospital in which the transacting parties are limited to not-for-profit corporations, the department of attorney general may consider the following criteria:  (1) Whether the proposed conversion will harm the publics interest in trust property given, devised, or bequeathed to the existing hospital for charitable, educational, or religious purposes located or administered in this state;  (2) Whether a trustee or trustees of any charitable trust located or administered in this state will be deemed to have exercised reasonable care, diligence, and prudence in performing as a fiduciary in connection with the proposed conversion;  (3) Whether the board established appropriate criteria in deciding to pursue a conversion in relation to carrying out its mission and purposes;  (4) Whether the board formulated and issued appropriate requests for proposals in pursuing a conversion, including considered the proposed conversion as the only alternative or as the best alternative in carrying out its mission and purposes;  (5) Whether any conflict of interest exists concerning the proposed conversion relative to members of the board, officers, directors, senior management, experts, or consultants engaged in connection with the proposed conversion including, but not limited to, attorneys, accountants, investment bankers, actuaries, healthcare experts, or industry analysts;  (6) Whether individuals described in subsection (b)(5) of this section were provided with contracts or consulting agreements or arrangements that included pecuniary rewards based in whole, or in part on the contingency of the completion of the conversion;  (7) Whether the board exercised due care in engaging consultants with the appropriate level of independence, education, and experience in similar conversions;  (8) Whether the board exercised due care in accepting assumptions and conclusions provided by consultants engaged to assist in the proposed conversion;  (9) Whether officers, directors, board members, or senior management will receive future contracts in existing, new, or affiliated hospital or foundations;  (10) Whether any members of the board will retain any authority in the new hospital;  (11) Whether the board accepted fair consideration and value for any management contracts made part of the proposed conversion;  (12) Whether individual officers, directors, board members, or senior management engaged legal counsel to consider their individual rights or duties in acting in their capacity as a fiduciary in connection with the proposed conversion;  (13) Whether the proposed conversion results in an abandonment of the original purposes of the existing hospital or whether a resulting entity will depart from the traditional purposes and mission of the existing hospital such that a cy pres proceeding would be necessary;  (14) Whether the proposed conversion contemplates the appropriate and reasonable fair market value;  (15) Whether the proposed conversion was based upon appropriate valuation methods including, but not limited to, market approach, third-party report, or fairness opinion;  (16) Whether the conversion is proper under the Rhode Island Nonprofit Corporation Act;  (17) Whether the conversion is proper under applicable state tax code provisions;  (18) Whether the proposed conversion jeopardizes the tax status of the existing hospital;  (19) Whether the individuals who represented the existing hospital in negotiations avoided conflicts of interest;  (20) Whether officers, board members, directors, or senior management deliberately acted or failed to act in a manner that impacted negatively on the value or purchase price;  (21) Whether the transacting parties are in compliance with the Charitable Trust Act, chapter 9 of title 18;  (22) Whether the proposed conversion is proper under chapter 36 of title 6 (Rhode Island Antitrust Act);  (23) Whether the board established appropriate criteria for staffing levels post conversion, including any reduction in staffing, relocation of staffing, or additional staffing affecting the new hospital(s) and the existing hospital(s);  (24) Whether the board exercised due care concerning staffing levels post conversion to comply with federal employment and labor laws, including the National Labor Relations Act (NLRA), 29 U.S.C.  151-169, Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 29 U.S.C.   621-634, and the Civil Rights Act of 1964, Pub. L. No. 88-352 (78 Stat. 241), 42 U.S.C.  2000d et seq. (Title VI);  (25) Whether the board exercised due care concerning staffing levels post conversion to comply with state employment and labor laws, including chapter 5 of title 28 (fair employment practices);  (26) Whether the board exercised due care in funding employee and retirement plans and pensions, including developing plans to fund unfunded liabilities for retirement plans and pensions for all employees, full-time or part-time;  (27) Whether the retirement and pensions plans are in compliance with the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.  1001 et seq.; and  (28) Whether the board established appropriate criteria for any impact analysis for the affected communities both before conversion and after proposed conversion, including benefits to the community, economic impact, and staffing.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2000, ch. 325,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1; P.L. 2020, ch. 63,  1; P.L. 2020, ch. 70,  1; P.L. 2022, ch. 401,  1, effective June 30, 2022; P.L. 2022, ch. 441,  1, effective June 30, 2022. 
 23-17.14-11. Criteria for the department of health  Conversions limited to not-for-profit corporations. In reviewing an application of a conversion involving a hospital in which the transacting parties are limited to not-for-profit corporations, the department shall consider the following criteria:  (1) Whether the character, commitment, competence, and standing in the community, or any other communities served by the proposed transacting parties are satisfactory;  (2) Whether sufficient safeguards are included to assure the affected community continued access to affordable care;  (3) Whether the transacting parties have provided satisfactory evidence that the new hospital will provide health care and appropriate access with respect to traditionally underserved populations in the affected community;  (4) Whether procedures or safeguards are assured to insure that ownership interests will not be used as incentives for hospital employees or physicians to refer patients to the hospital;  (5) Whether the transacting parties have made a commitment to assure the continuation of collective bargaining rights, if applicable, and retention of the workforce;  (6) Whether the transacting parties have appropriately accounted for employment needs at the facility and addressed workforce retraining needed as a consequence of any proposed restructuring;  (7) Whether the conversion demonstrates that the public interest will be served considering the essential medical services needed to provide safe and adequate treatment, appropriate access and balanced healthcare delivery to the residents of the state.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2000, ch. 325,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1. 
 23-17.14-12.1. Expedited review for unaffiliated community hospitals or not-for-profit hospitals. (a) Notwithstanding  23-17.14-6(a) and 23-17.14-10, if a proposed conversion involves: (1) Two (2) or more hospitals that are not in common control with another hospital; or (2) One hospital not under common control with another hospital and a hospital system parent corporation; or (3) Two (2) affiliated hospitals the conversion of which was previously approved in accordance with this chapter and another hospital or hospital system parent corporation; or (4) One or more hospital(s) that are determined to be distressed as under subsection (a)(3) of this section, including hospitals that are part of a not-for-profit hospital system parent corporation, as acquiree, such conversion will be reviewed under an expedited review process conducted solely by the department of health (without derogation of the authority of the attorney general in accordance with  23-17.14-21), only if the acquiree and acquiror are both nonprofit corporations exempt from taxation under section 501(a) of the United States Internal Revenue Code as organizations described in section 501(c)(3) of such code, or any successor provisions, and:  (1) The acquiree and acquiror are both nonprofit corporations that have directly or indirectly continuously operated at least one licensed hospital either in Rhode Island or in another jurisdiction either on its own or it is part of a healthcare system that has operated for at least the preceding three (3) years;  (2) The combined hospitals of the acquiree and acquiror are licensed for not more than twenty percent (20%) of licensed hospitals in Rhode Island according to the department of health; and  (3) The acquiree operates one or more distressed Rhode Island hospitals facing significant financial hardship that may impair its or their ability to continue to operate effectively without the proposed conversion and have been determined to be distressed by the director of health based upon whether the hospital(s) meets one or more of the following criteria:  (i) Operating loss for the two (2) most recently completed fiscal years;  (ii) Less than fifty (50) days cash-on-hand;  (iii) Current asset to liability ratio of less than one point five (1.5);  (iv) Long-term debt to capitalization greater than seventy-five percent (75%);  (v) Inpatient occupancy rate of less than fifty percent (50%);  (vi) Would be classified as below investment grade by a major rating agency.  (b) The transacting parties shall file an initial application pursuant to this section that shall include the following information with respect to each transacting party and the proposed conversion:  (1) A detailed summary of the proposed conversion;  (2) Charter, articles of incorporation, or certificate of incorporation for the transacting parties and their affiliated hospitals, including amendments thereto;  (3) Bylaws and organizational charts for the transacting parties and their affiliated hospitals;  (4) Organizational structure for the transacting parties and each partner, affiliate, parent, subsidiary, or related legal entity in which either transacting party has a twenty percent (20%) or greater ownership interest or control;  (5) All documents, reports, meeting minutes, and presentations relevant to the transacting parties board of directors decision to propose the conversion;  (6) Conflict of interest policies and procedures;  (7) Copies of audited income statements, balance sheets, and other financial statements for the past three (3) years for the transacting parties and their affiliated hospitals where appropriate and to the extent they have been made public, audited interim financial statements and income statements together with detailed descriptions of the financing structure of the proposed conversion including equity contribution, debt restructuring, stock issuance, and partnership interests;  (8) Copies of reports analyzing the proposed conversion during the past three (3) years including, but not limited to, reports by appraisers, accountants, investment bankers, actuaries and other experts;  (9) Copies of current conflict of interest forms from all incumbent or recently incumbent officers, members of the board of directors or trustees and senior managers of the transacting parties; incumbent or recently incumbent means those individuals holding the position at the time the application is submitted and any individual who held a similar position within one year prior to the applications acceptance;  (10) Copies of all documents related to: (i) Identification of all current charitable assets; (ii) Accounting of all charitable assets for the past three (3) years; and (iii) Distribution of charitable assets for the past three (3) years including, but not limited to, endowments, restricted, unrestricted, and specific purpose funds as each relates to the proposed conversion;  (11) A description of the plan as to how the affiliated hospitals will provide consolidated healthcare services during the first three (3) years following the conversion;  (12) Copies of plans for all hospital departments and services that will be eliminated or significantly reduced during the first three (3) years following the conversion; and  (13) Copies of plans relative to staffing levels for all categories of employees during the first three (3) years following the conversion.  (c) In reviewing an application under an expedited review process, the department shall consider the criteria in  23-17.14-11.  (d) Within twenty (20) working days of receipt by the department of an application satisfying the requirements of subsection (b) above, the department will notify and afford the public an opportunity to comment on the application.  (e) The decision of the department shall be rendered within ninety (90) days of acceptance of the application under this section.  (f) Costs payable by the transacting parties under  23-17.14-13 in connection with an expedited review by the department under this section shall not exceed twenty-five thousand dollars ($25,000) per one hundred million dollars ($100,000,000) of total net patient service revenue of the acquiree and acquiror in the most recent fiscal year for which audited financial statements are available.  (g) Following a conversion, the new hospital shall provide on or before March 1 of each calendar year a report in a form acceptable to the director and attorney general containing all updated financial information required to be disclosed pursuant to subsection (b)(7) of this section.  (h) If an expedited review is performed by the department pursuant to this section, the department of attorney general shall perform a review of the proposed transaction pursuant to  23-17.14-10(b) and the criteria for conversions limited to not-for-profits. The attorney generals review shall be done concurrently with the department of health review and shall not extend the length of the review process. For this review, the department of attorney general shall be entitled to costs in accordance with  23-17.14-13 and subsection (f) of this section.  History of Section.P.L. 2012, ch. 258,  2; P.L. 2012, ch. 259,  2; P.L. 2017, ch. 202,  1; P.L. 2017, ch. 238,  1; P.L. 2022, ch. 401,  1, effective June 30, 2022; P.L. 2022, ch. 441,  1, effective June 30, 2022. 
 23-17.14-12. [Repealed.] History of Section.P.L. 1997, ch. 372,  1; P.L. 1999, ch. 470,  1; P.L. 2000, ch. 325,  1; repealed by P.L. 2022, ch. 401,  2, effective June 30, 2022; repealed by P.L. 2022, ch. 441,  2, effective June 30, 2022. 
 23-17.14-13. Reports, use of experts, costs. The department of health or the department of attorney general may in effectuating the purposes of this chapter engage experts or consultants including, but not limited to, actuaries, investment bankers, accountants, attorneys, or industry analysts. All copies of reports prepared by experts and consultants, and costs associated with the reports, shall be made available to the transacting parties and to the public. All costs incurred under this provision shall be the responsibility of one or more transacting parties in an amount to be determined by the attorney general or the director as they deem appropriate and consistent with  23-17.14-12.1, if applicable. No application for a conversion made pursuant to the requirements of this chapter shall be considered complete unless an agreement has been executed with the attorney general or the director for the payment of costs in accordance with this section.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1. 
 23-17.14-14. Investigations  Notice to attend  Court order to appear  Contempt. (a) The director or the attorney general shall conduct investigations in discharging the duties required under this chapter. For purposes of this investigation, the director or the attorney general may require any person, agent, trustee, fiduciary, consultant, institution, association, or corporation directly related to the proposed conversion to appear at any time and place that the director or the attorney general shall designate, then and there under oath and conducted with a stenographic record to produce for the use of the director and/or the attorney general any and all documents and any other information relating directly to the proposed conversion that the director or the attorney general may require, including, but not limited to, interviews, testimony, or statements.  (b) Whenever the director or the attorney general may require the attendance of any person as provided in subsection (a), the director and/or the attorney general shall issue a notice setting the time and place when the attendance is required and shall cause the notice to be delivered or sent by registered or certified mail to the person at least fourteen (14) days before the date fixed in the notice for the attendance.  (c) If any person receiving notice pursuant to this provision neglects to attend or remain in attendance so long as may be necessary for the purposes that the notice was issued, or refuses to produce information requested, any justice of the superior court for the county within which the inquiry is carried on or within which the person resides or transacts business, upon application by the director, the attorney general, or any transacting party shall have jurisdiction to hear and consider on an expedited basis the request, and if appropriate and relevant to the consideration of proposed conversion, may issue to the person an order requiring the person to appear before the director or the attorney general there to produce for the use of the director or the attorney general evidence in accordance with the terms of the order of the court, and any failure to obey the order of the superior court may be punished by the court as contempt of court.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2018, ch. 190,  1; P.L. 2018, ch. 284,  1. 
 23-17.14-15. Charity care requirements. (a) All licensed hospitals shall, as a condition of initial and/or continued licensure:  (1) Meet the statewide community needs for the provision of charitable care;  (2) Meet standards for assurance of the continuance of uncompensated case and community benefits;  (3) Not discourage persons who cannot afford to pay from seeking essential medical services; and  (4) Not encourage persons who cannot afford to pay to seek essential medical services from other providers.  (b) The director shall on an annual basis review each licensed hospitals level of performance in providing charity care and uncompensated care.  (c) The director shall consider the appropriate amount of charity and uncompensated care necessary to provide safe and adequate treatment, appropriate access and balanced health care delivery to the residents of the state.  (d) Each licensed hospital shall provide on or before March 1st of each calendar year a report in a form acceptable to the director, a detailed description with supporting documentation, evidence of compliance of this section including, but not limited to (1) cost of charity care, (2) bad debt, (3) contracted Medicaid shortfalls, and (4) any additional information demonstrating compliance with this section.  (e) If the department receives sufficient information indicating that a licensed hospital is not in compliance with this section, the director shall hold a hearing upon ten (10) days notice to the licensed hospital and shall issue, in writing, findings and appropriate penalties as set forth in  23-17.14-30.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-16. Gag rules prohibited. A hospital shall not refuse to contract with or compensate for covered services with an otherwise eligible provider solely because that provider has in good faith communicated with one or more of his or her patients regarding the provisions, terms, or requirements for services of the hospitals products as they relate to the needs of that providers patients.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-17. Perjury. Any person who is found to have testified falsely under oath before the legislature, the department of health, or the attorney general pursuant to this chapter shall be subject to prosecution for perjury and be subject to the penalties set forth in  23-17.14-30.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-18. Prior approval  Closings or significant reduction of medical services. (a) No hospital emergency department or primary care services which existed for at least one year and which significantly serve uninsured or underinsured individuals shall be eliminated or significantly reduced without the prior approval of the director in accordance with this section.  (b) Prior to the elimination or significant reduction of an emergency department or primary care services which existed for at least one year and which significantly serve uninsured or underinsured individuals, the hospital shall provide a written plan to the director which shall describe the impact of the proposal on:  (1) Access to healthcare services for traditionally underserved populations;  (2) The delivery of healthcare services on the affected community; and  (3) Other licensed hospitals or healthcare providers in the affected community or in the state.  (c) Notwithstanding any other provision in the general laws, the director shall have the sole authority to review all plans submitted under this section and the director shall issue a decision within ninety (90) days or the request shall be deemed approved. The director may if deemed appropriate, issue public notice and allow a written comment period within sixty (60) days of receipt of the proposal.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-19. Limits to acquisitions  Community benefits requirements  Filings prohibited. (a) Notwithstanding any other provisions in this chapter, nothing herein shall be construed to prohibit a for-profit hospital, its subsidiaries or affiliates, from applying for and receiving approval of a conversion of more than one hospital in the same year, or any subsequent year, and each such application shall require review and approval from the attorney general and the department of health in accordance with the provisions of this chapter.  (b) In the event that a for-profit corporation applies for conversion of an additional hospital, all provisions of this chapter must be met. In addition to the review process and criteria set forth in this chapter, the department shall have the sole authority and discretion to determine:  (1) Whether the for-profit corporation provided community benefits as required or promised in connection with obtaining and holding a license or interest therein during the previous license period;  (2) Whether all terms and conditions of the prior license have been met, including but not limited to, the conditions in  23-17.14-19(b) and  23-17.14-15;  (3) Whether all federal, state and local laws, ordinances and regulations have been complied with relative to any prior license;  (4) Whether the for-profit corporation planned, implemented, monitored and reviewed a community benefit program during the prior license period;  (5) Whether the for-profit corporation maintained, enhanced or disrupted the essential medical services in the affected community or the state;  (6) Whether the for-profit corporation provided an appropriate amount of charity care necessary to maintain or enhance a safe and accessible healthcare delivery system in the affected community and the state; and  (7) Whether the for-profit corporation demonstrated a substantial linkage between the hospital and the affected community by providing one or more of the following benefits; uncompensated care, charity care, cash or in kind donations to community programs, education and training of professionals in community health issues, relevant research initiatives or essential but unprofitable medical services if needed in the affected community.  (c) The director may hold a public hearing to solicit input to assess the performance of a for-profit corporation or its affiliates or subsidiaries in providing community benefits in the affected community or the state.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1. 
 23-17.14-2. Findings. The general assembly finds and declares that: (1) Rhode Island has a proud history of nonprofit hospitals and philanthropic support of medical services, education and research;  (2) Hospitals in Rhode Island provide overall high quality care at a reasonable cost;  (3) Hospitals in Rhode Island have experienced substantial declines in occupancy as the healthcare system has changed.  (4) Hospitals require capital to maintain operations and to modernize facilities and services;  (5) Nationally and regionally private investment is being made that results in the conversion of not-for-profit and public hospitals into for-profit hospitals;  (6) There are hospitals in Rhode Island that have provided and continue to provide important services to communities that submit that their survival may depend on the ability to enter into agreements that result in the investment of private capital and their conversion to for-profit status;  (7) Hospitals both not-for-profit and for-profit are merging and forming networks to achieve integration, stability and efficiency and the presence of these networks affects competition;  (8) There are concerns that hospital networks may engage in practices that affect the quality medical services in the community as a whole and for more vulnerable members of society in particular;  (9) In order to protect public health and welfare and public and charitable assets, it is necessary to establish standards and procedures for hospital conversions.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1. 
 23-17.14-20. Licensing fees. Nothing contained in this chapter shall be deemed to affect the licensing fees set forth in  23-17-38.1.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-21. No derogation of attorney general. (a) No provision of this chapter shall derogate from the common law or statutory authority of the attorney general nor shall any provision be construed as a limitation on the common law or statutory authority of the attorney general, including the authority to investigate at any time charitable trusts for the purpose of determining and ascertaining whether they are being administered in accordance with law and with the terms and purposes thereof.  (b) No provision of this chapter shall be construed as a limitation on the application of the doctrine of cy pres or any other legal doctrine applicable to charitable assets and/or charitable trusts.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-22. Distribution of proceeds from acquisition  Selection and establishment of an independent foundation. (a) In the event of the approval of a hospital conversion involving a not-for-profit corporation and a for-profit corporation results in a new entity as provided for in  23-17.14-7(c)(25)(i), it shall be required that the proceeds from the sale and any endowments, restricted, unrestricted and specific purpose funds shall be transferred to a charitable foundation operated by a board of directors.  (b) The presiding justice of the superior court shall have the authority to:  (1) Appoint the initial board of directors.  (2) Approve, modify, or reject proposed bylaws and/or articles of incorporation provided by the transacting parties and/or the initial board of directors.  (c) The board of directors shall consist of at least seven (7) members and the executive director, who shall serve ex officio. The board members may include one or more members with experience in matters including financial, legal, business, labor, investments, community purpose, grant-making, health care and members who represent diverse populations of the affected community and not more than three (3) members of the board may be prior board members of the existing hospital.  (d) The membership terms shall be staggered and shall be four (4) years in duration. The board shall annually elect a chairperson from among its members and other officers it deems necessary for the performance of its duties and board members shall not receive compensation.  (e) Control of the distribution of the proceeds of the fund is vested solely in the board; provided, however, the investment responsibility of the proceeds shall be through the Rhode Island Foundation.  (f) Vacancies occurring on the board may be filled by a majority vote of the remaining board members.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2008, ch. 475,  52. 
 23-17.14-23. Powers and duties of the board. The board is vested with full power, authority, and jurisdiction over the foundation and may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the foundation.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-24. Personal liability excluded. The members of the board and officers or employees of the foundation are not liable personally, either jointly or severally, for any debt or obligation created or incurred by the foundation unless that conduct is deemed to be gross misconduct or reckless.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-25. Implementation. (a) The presiding justice may take all steps necessary to effectuate the purposes of this chapter and the board shall be appointed no more than sixty (60) days after the completion of the conversion. The board shall act promptly to appoint an executive director, hire staff as necessary, acquire necessary facilities and supplies to begin the operation of the foundation;  (b) The board shall conduct a public hearing to solicit comments on the proposed mission statement, program agenda, corporate structure, and strategic planning. The board shall hold a public hearing within one hundred eighty (180) days of establishment of the board and on an annual basis thereafter.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-26. Annual report. The board shall submit an annual report and a copy of Form 990 as required by the Internal Revenue Service to the presiding justice, the governor, the attorney general and the legislature.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-27. General powers and limitations. For the purposes of exercising the specific powers granted in this chapter and effectuating the other purposes of this chapter, the foundation:  (1) May be sued and sue;  (2) May have a seal and alter it at will;  (3) May make, amend, and repeal rules relating to the conduct of the business of the foundation;  (4) May enter into contracts relating to the administration of the foundation;  (5) May rent, lease, buy or sell property in its own name and may construct or repair buildings necessary to provide space for its operations;  (6) May hire personnel, consultants and experts and set salaries; and  (7) May perform all other functions and exercise all other powers that are necessary, appropriate or convenient to administer the foundation.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-28. Concurrent approval  License. (a) The director may consider the requirement of this chapter and the requirements of  23-17-1  23-17-45 together upon completion of the initial application. The director may approve, approve with conditions, or disapprove one or both requests filed pursuant to this chapter, including expedited review under  23-17.14-12.1, and  23-17-1  23-17-45. The approvals of the director required by this chapter shall be subject to chapter 35 of title 42. For any conversion subject to this chapter, the director may combine any hearings required by this chapter with any hearings on similar or related matters required by  23-17-1  23-17-45 and shall consider issues of market share especially as they affect quality, access, and affordability of services.  (b) Any approval of a conversion involving a for-profit corporation as an acquiror shall be subject to any conditions as determined by the director of health, provided those conditions relate to the purpose of this chapter. The conditions may include, but not be limited to, the conditions contained in this subsection. In the event the director determines that one or more of the conditions contained in this subsection are not appropriate or desirable in a particular conversion, the director shall include the rationale for not including the condition(s) in any approval.  (1) Maintain a governing body for each converted hospital whose membership shall include uncompensated, independent individuals who reside in Rhode Island;  (2) Make a financially reasonable contribution to support the states coordinated health planning process;  (3) Adhere to reasonable restrictions on financial incentives to patient or health plan enrollees to receive hospital services outside of the state of Rhode Island;  (4) Keep the new hospital open and operational for a reasonable minimum period of time;  (5) Make a reasonable minimum investment to support primary care in the Rhode Island communities served by the new hospital;  (6) Not enter into any contract or other service or purchasing arrangements with an affiliated legal entity except for contracts or arrangements to provide services or products that are reasonably necessary to accomplish the healthcare purposes of the relevant hospital and for compensation that is consistent with fair-market value for the services actually rendered, or the products actually provided;  (7) Report to the director on annual distributions of profit to owners; and  (8) Require that any corporate allocation, or equivalent charge, to any affiliated organization(s) in any hospital fiscal year not exceed reasonable fair-market value for the services rendered or the assets purchased or leased from the affiliate.  (c) Any approval of a conversion involving a for-profit corporation as an acquiror shall be subject to any conditions as determined by the attorney general, provided those conditions relate to the purpose of this chapter. The conditions may include, but not be limited to, the acquirors adherence to a minimum investment to protect the assets, financial health, and well-being of the new hospital and for community benefit. In the event the attorney general determines that the conditions contained in this subsection are not appropriate or desirable in a particular conversion, the attorney general shall include the rationale for not including the condition(s) in any approval.  (d) For a period of five (5) years following the effective date of the conversion, when approval of a conversion involves either a not-for-profit or a for-profit corporation as an acquiror:  (1) The acquiror shall file reports with the department and the attorney general on or before March 1 of each calendar year detailing compliance with the conditions in subsection (b) and any other conditions on the conversion approval or license of the new hospital. Failure to comply with any of the conditions or the charity care requirements contained in  23-17.14-15 shall be cause for penalties to be applied in accordance with  23-17.14-30;  (2) The department of health and the department of attorney general shall monitor, assess, and evaluate the acquirors compliance with all of the conditions of approval, as well as annually review the impact of the conversion on healthcare costs and services within the communities served;  (3) The acquiror shall pay for the costs of the department of health and the department of attorney general in performing the monitoring, evaluation, and assessment in an amount to be determined by the attorney general or the director as they deem appropriate, which should be placed in escrow during the term of the monitoring period. No application for a conversion made pursuant to the requirements of this chapter shall be approved unless an agreement has been executed with the attorney general and the director for the payment of reasonable costs in accordance with this section; and  (4) The department and/or the attorney general may seek immediate relief in the superior court to enforce any conditions of approval of a conversion, and may impose penalties for noncompliance pursuant to  23-17.14-30.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1; P.L. 2019, ch. 275,  1; P.L. 2019, ch. 280,  1. 
 23-17.14-29. Whistleblower protections. (a) Prohibition against discrimination. No person subject to the provisions of this chapter, may discharge, demote, threaten or otherwise discriminate against any person or employee with respect to compensation, terms, conditions, or privileges of employment as a reprisal because the person or employee (or any person acting pursuant to the request of the employee) provided or attempted to provide information to the director or his or her designee or to the attorney general or his or her designee regarding possible violation of this chapter.  (b) Enforcement. Any person or employee or former employee subject to the provisions of this chapter who believes that he or she has been discharged or discriminated against in violation of subsection (a) may file a civil action within three (3) years of the date of discharge or discrimination.  (c) Remedies. If the court determines that a violation has occurred, the court may order the person who committed the violation to:  (1) Reinstate the employee to the employees former position;  (2) Pay compensatory damages, costs of litigation and attorneys fees; and/or  (3) Take other appropriate actions to remedy any past discrimination.  (d) Limitation. The protections of this section shall not apply to any person or employee who:  (1) Deliberately causes or participates in the alleged violation of law or regulation; or  (2) Knowingly or recklessly provides substantially false information to the director or his or her designee.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-3. Purpose of provisions. The purpose of this chapter is to: (1) Assure the viability of a safe, accessible and affordable healthcare system that is available to all of the citizens of the state;  (2) To establish a process to review whether for-profit hospitals will maintain, enhance, or disrupt the delivery of healthcare in the state and to monitor hospital performance to assure that standards for community benefits continue to be met;  (3) To establish a review process and criteria for review of hospital conversions;  (4) To clarify the jurisdiction and the authority of the department of health to protect public health and welfare and the department of attorney general to preserve and protect public and charitable assets in reviewing both hospital conversions which involve for-profit corporations and hospital conversions which include only not-for-profit corporations; and  (5) To provide for independent foundations to hold and distribute proceeds of hospital conversions consistent with the acquirees original purpose or for the support and promotion of health care and social needs in the affected community.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1. 
 23-17.14-30. Failure to comply  Penalties. If any person knowingly violates or fails to comply with any provision of this chapter or willingly or knowingly gives false or incorrect information:  (1) The director or attorney general may, after notice and opportunity for a prompt and fair hearing to one or more transacting parties, deny, suspend, or revoke a license, or in lieu of suspension or revocation of the license, may order the licensee to admit no additional persons to the facility, to provide health services to no additional persons through the facility, or to take any corrective action necessary to secure compliance under this chapter, and impose a fine of not more than two million dollars ($2,000,000); and  (2) The attorney general may, after notice and opportunity for a prompt and fair hearing to one or more transacting parties, take any corrective action necessary to secure compliance under this chapter, and impose a fine of not more than two million dollars ($2,000,000).  History of Section.P.L. 1997, ch. 372,  1; P.L. 2019, ch. 275,  1; P.L. 2019, ch. 280,  1. 
 23-17.14-31. Powers of the department of health. The department may adopt rules, including measurable standards, as may be necessary to accomplish the purpose of this chapter. In doing so, the department shall review other departmental regulations that may have duplicative requirements, including change of effective control regulations and processes, determination of need requirements and application requirements under  23-17.14-18, if applicable, and may streamline the process by eliminating duplicative requirements and providing for concurrent regulatory review and combined hearings to the maximum extent possible to promote efficiency and avoid duplication of effort and resources. If such duplicative requirements, including change of effective control regulations and processes, determination of need requirements and application requirements under  23-17.14-18, and any other are utilized to streamline the process, then the department of health shall include the findings and decisions of those duplicative requirements within the written decision of this chapter.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1; P.L. 2022, ch. 401,  1, effective June 30, 2022; P.L. 2022, ch. 441,  1, effective June 30, 2022. 
 23-17.14-32. Powers of the attorney general. (a) The attorney general has the power to decide whether any information required by this chapter of an applicant is confidential and/or proprietary. The decisions by the attorney general shall be made prior to any public notice of an initial application or any public review of any information and shall be binding on the attorney general, the department of health, and all experts or consultants engaged by the attorney general or the department of health.  (b) The department of attorney general shall adopt rules and regulations to accomplish the purpose of this chapter.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2000, ch. 325,  1. 
 23-17.14-33. Severability. If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or applicable, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 1997, ch. 372,  1. 
 23-17.14-34. Judicial review. (a) Any transacting party aggrieved by a final order of the department of health or the attorney general under this chapter may seek judicial review in the superior court in accordance with  42-35-15.  (b) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (c) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (d) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (1) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (2) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (3) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (4) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (5) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (6) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  (7) [Deleted by P.L. 2019, ch. 275,  1 and P.L. 2019, ch. 280,  1].  History of Section.P.L. 2000, ch. 325,  2; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1; P.L. 2019, ch. 275,  1; P.L. 2019, ch. 280,  1. 
 23-17.14-35. Court-approved settlements. The following provisions apply solely and exclusively to judicially approved good-faith settlements of claims relating to the St. Joseph Health Services of Rhode Island retirement plan, also sometimes known as the St. Joseph Health Services of Rhode Island pension plan:  (1) A release by a claimant of one joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides, but the release shall reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the release.  (2) A release by a claimant of one joint tortfeasor relieves them from liability to make contribution to another joint tortfeasor.  (3) For purposes of this section, a good-faith settlement is one that does not exhibit collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non-settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors proportionate share of liability.  History of Section.P.L. 2018, ch. 62,  1; P.L. 2018, ch. 63,  1. 
 23-17.14-36. Hospital conversion monitoring account. There is hereby established within the department of health, a restricted receipt account entitled Hospital Conversion Monitoring. This account shall be used for the sole purpose to fund monitoring activities associated with hospital conversions pursuant to  23-17.14-28(d)(1), (2), (3), and (4). Funds held in non-state escrow, whether currently existing or prospective, through agreement between the department of health and the conversion acquiror may be deposited into the restricted receipt account and disbursed, as necessary, to conduct the monitoring activities associated with  23-17.14-28(d)(1), (2), (3), and (4).  History of Section.P.L. 2022, ch. 231, art. 2,  3, effective July 1, 2022. 
 23-17.14-4. Definitions. For purposes of this chapter: (1) Acquiree means the person or persons that lose(s) any ownership or control in the new hospital as a result of a conversion, as the terms conversion, new hospital, and person(s) are defined within this chapter.  (2) Acquiror means the person or persons that gain(s) an ownership or control in the new hospital as a result of a conversion, as the terms conversion, new hospital, and person(s) are defined within this chapter.  (3) Affected community means any city or town within the state wherein an existing hospital is physically located and/or those cities and towns whose inhabitants are regularly served by the existing hospital.  (4) Charity care is defined as healthcare services provided by a hospital without charge to a patient and for which the hospital does not and has not expected payment.  (5) Community benefit means the provision of hospital services that meet the ongoing needs of the community for primary and emergency care in a manner that enables families and members of the community to maintain relationships with persons who are hospitalized or are receiving hospital services, and shall also include, but not be limited to charity care and uncompensated care.  (6) Conversion means any transfer by a person or persons of an ownership or membership interest or authority in a hospital, or the assets of a hospital, whether by purchase, merger, consolidation, lease, gift, joint venture, sale, or other disposition that results in a change of ownership or control or possession of twenty percent (20%) or greater of the members or voting rights or interests of the hospital or of the assets of the hospital or pursuant to which, by virtue of the transfer, a person, together with all persons affiliated with the person, holds or owns, in the aggregate, twenty percent (20%) or greater of the membership or voting rights or interests of the hospital or of the assets of the hospital, or the removal, addition, or substitution of a partner that results in a new partner gaining or acquiring a controlling interest in the hospital, or any change in membership that results in a new person gaining or acquiring a controlling vote in the hospital.  (7) Current conflict of interest forms means conflict of interest forms signed within one year prior to the date the application is submitted on a form acceptable to the department of the attorney general, setting forth any possible conflict of interest for all officers, directors, members of the board, trustees, senior management, chairpersons or department chairpersons and medical directors, or the transacting parties and their families.  (8) Department means the department of health and the department of the attorney general.  (9) Director means the director of the department of health.  (10) Existing hospital means the acquiree hospital as it exists prior to the acquisition.  (11) For-profit corporation means a legal entity formed for the purpose of transacting business that has as any one of its purposes pecuniary profit.  (12) Hospital means a person or governmental entity licensed in accordance with chapter 17 of this title to establish, maintain, and operate a hospital.  (13) Incumbent or recently incumbent means those individuals holding the position at the time the application was submitted and any individual who held a similar position within one year prior to the applications acceptance.  (14) New hospital means the acquiree hospital as it exists after the completion of a conversion.  (15) Not-for-profit corporation means a legal entity formed for some charitable or benevolent purpose and not-for-profit which has been exempted from taxation pursuant to Internal Revenue Code  501(c)(3), 26 U.S.C.  501(c)(3).  (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 the state.  (17) Senior managers or senior management means executives and senior level managers of a transacting party.  (18) Transacting parties means the acquiree and the acquiror.  (19) Uncompensated care means a combination of free care, which the hospital provides at no cost to the patient; bad debt, which the hospital bills for but does not collect; and less than full Medicaid reimbursement amounts.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1; P.L. 2022, ch. 401,  1, effective June 30, 2022; P.L. 2022, ch. 441,  1, effective June 30, 2022. 
 23-17.14-5. Prior approval required  Department of attorney general and department of health. (a) A conversion shall require review and approval from the department of attorney general and from the department of health in accordance with the provisions of this chapter; except as provided for under  23-17.14-12.1 hereof, but shall remain subject to the authority of the attorney general pursuant to  23-17.14-21 hereof.  (b) The review by the departments shall occur concurrently, and neither department shall delay its review or determination because the other department has not completed its review or issued its determination. The applicant may request that the review by the department occur concurrently with the review of any relevant federal regulatory authority.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2000, ch. 325,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1. 
 23-17.14-6. Initial application  Conversions involving for-profit corporations or not-for-profit corporations as acquirors or acquirees. (a) No person shall engage in a conversion with a for-profit corporation or a not-for-profit corporation as the acquiror or acquiree involving the establishment, maintenance, or operation of a hospital or a conversion subject to  23-17.14-9 without prior approval of both the department of attorney general and the department of health. The review of the two (2) departments shall occur concurrently, and neither department shall delay its review or determination because the other department has not completed its review or issued its determination. The applicant may request that the review by the departments occur concurrently with the review of any relevant federal regulatory authority. The transacting parties shall file an initial application in accordance with subsection (b) of this section that shall, at minimum, include the following information with respect to each transacting party and to the proposed new hospital:  (1) A detailed summary of the proposed conversion;  (2) Names, addresses, and phone numbers of the transacting parties;  (3) Name, address, phone number, occupation, and tenure of all officers, members of the board of directors, trustees, executives, and senior managers, including for each position, current persons and persons holding such position during the past two (2) years;  (4) A list of all committees, subcommittees, task forces, or similar entities of the board of directors or trustees, including a short description of the purpose of each committee, subcommittee, task force, or similar entity and the name, address, phone number, occupation, and tenure of each member;  (5) Agenda and minutes of all meetings of the board of directors or trustees and any of its committees, subcommittees, task forces related to the conversion, or similar entities excluding those focused on peer review and confidential medical matters, that occurred within the two-year (2) period prior to submission of the application, including, upon the request of the department or attorney general, any meeting packages;  (6) Articles of incorporation and certificate of incorporation;  (7) Bylaws and organizational charts;  (8) Organizational structure for existing transacting parties and each partner, affiliate, parent, subsidiary, or related corporate entity in which the acquiror has a twenty percent (20%) or greater ownership interest;  (9) Conflict of interest statements, policies, and procedures;  (10) Names, addresses, and phone numbers of professional consultants engaged in connection with the proposed conversion;  (11) Copies of audited income statements, balance sheets, other financial statements, and management letters for the past three (3) years and to the extent they have been made public, audited interim financial statements and income statements together with detailed description of the financing structure of the proposed conversion including equity contribution, debt restructuring, stock issuance, partnership interests, stock offerings, and the like;  (12) A detailed description of real estate issues including title reports for land owned and lease agreements concerning the proposed conversion;  (13) A detailed description as each relates to the proposed transaction for equipment leases, insurance, regulatory compliance, tax status, pending litigation or pending regulatory citations, pension plan descriptions and employee benefits, environmental reports, assessments, and organizational goals;  (14) Copies of reports analyzing the proposed conversion during the past three (3) years including, but not limited to, reports by appraisers, accountants, investment bankers, actuaries, and other experts;  (15) Copies of any opinions or memoranda addressing the state and federal tax consequences of the proposed conversion prepared for a transacting party by an attorney, accountant, or other expert;  (16) A description of the manner in which the price was determined including which methods of valuation and what data were used, and the names and addresses of persons preparing the documents, and this information is deemed to be proprietary;  (17) Patient statistics for the past three (3) years and patient projections for the next one year including patient visits, admissions, emergency room visits, clinical visits, and visits to each department of the hospital, admissions to nursing care, or visits by affiliated home healthcare entities;  (18) The name and mailing address of all licensed facilities in which the for-profit corporation maintains an ownership interest or controlling interest or operating authority;  (19) A list of pending or adjudicated citations, violations or charges against the facilities listed in subdivision (a)(18) brought by any governmental agency or accrediting agency within the past three (3) years and the status or disposition of each matter with regard to patient access and care and charitable asset matters;  (20) A list of uncompensated care provided over the past three (3) years by each facility listed in subdivision (a)(18) and detail as to how that amount was calculated;  (21) Copies of all documents related to:  (i) Identification of all charitable assets;  (ii) Accounting of all charitable assets for the past three (3) years; and  (iii) Distribution of the charitable assets including, but not limited to, endowments, restricted, unrestricted, and specific purpose funds as each relates to the proposed transaction;  (22) A description of charity care and uncompensated care provided by the existing hospital(s) for the previous three-year (3) period to the present including a dollar amount and a description of services provided to patients;  (23) A description of bad debt incurred by the existing hospital for the previous three (3) years for which payment was anticipated but not received;  (24) A description of the plan as to how the new hospital will provide community benefit and charity care during the first three (3) years of operation;  (25) A description of how the new hospital will monitor and value charity care services and community benefit;  (26) The names of persons currently holding a position as an officer, director, board member, or senior manager who will or will not maintain any position with the new hospital and whether any said person will receive any salary, severance stock offering, or any financial gain, current or deferred, as a result of or in relation to the proposed conversion;  (27) Copies of capital and operating budgets or other financial projections for the new hospital during the first three (3) years of operation;  (28) Copies of plans relative to staffing during the first three (3) years at the new hospital;  (29) A list of all medical services, departments and clinical services, and administrative services that will be maintained at the new hospital, including staffing levels;  (30) A description of criteria established by the board of directors of the transacting parties for pursuing a proposed conversion with one or more healthcare providers;  (31) Copies of reports of any due diligence review performed by each transacting party in relation to the proposed conversion. These reports are to be held by the attorney general and department of health as confidential and not released to the public regardless of any determination made pursuant to  23-17.14-32 and notwithstanding any other provision of the general laws;  (32) A description of request for proposals issued by the transacting parties relating to pursuing a proposed conversion;  (33) Copies of reports analyzing affiliations, mergers, or other similar transactions considered by any of the transacting parties during the past three (3) years, including, but not limited to, reports by appraisers, accountants, investment bankers, actuaries, and other experts;  (34) A copy of proposed contracts or description of proposed contracts or arrangements with senior managers, board members, officers, or directors of the transacting parties for severance consulting services or covenants not to compete following completion of the proposed conversion;  (35) A copy or description of all agreements or proposed agreements reflecting any current and/or future employment or compensated relationship between the acquiror (or any related entity) and any officer, director, board member, or senior manager of the acquiree (or any related entity);  (36) A copy or description of all agreements executed or anticipated to be executed by any of the transacting parties in connection with the proposed conversion;  (37) Copies of documents or description of any proposed plan for any entity to be created for charitable assets, including but not limited to, endowments, restricted, unrestricted, and specific purpose funds, the proposed articles of incorporation, bylaws, mission statement, program agenda, method of appointment of board members, qualifications of board members, duties of board members, and conflict of interest policies;  (38) Description of all departments, clinical, social, or other services or medical services that will be eliminated or significantly reduced by transacting parties at either the new hospital(s) or the existing hospital(s);  (39) Description of staffing levels for five (5) years of all categories of employees, including full-time, part-time, and contract employees currently working at or providing services to the existing hospital and description of any anticipated or proposed changes in current staffing levels, including any reduction in staffing, relocation of staffing, or additional staffing affecting the new hospital and the existing hospital;  (40) Description of retirement plan(s) for all employees, full-time or part-time, including any supplemental executive retirement plans;  (41) Copies of retirement plans accounting; management letters, and reports, including unfunded liabilities for retirement plans for the last five (5) years;  (42) Copies of plans to fund unfunded liabilities for pension and any retirement plans;  (43) Copies of any impact analysis for the affected communities both before conversion and after proposed conversion, including benefits to the community, economic impact, and staffing;  (44) Copies of current conflict of interest forms from all incumbent or recently incumbent officers, directors, members of the boards of directors or trustees, and senior management and the medical directors of the transacting parties on a form acceptable to the department of attorney general;  (45) If the acquiror is a for-profit corporation that has acquired a not-for-profit hospital under the provisions of this chapter, the application shall also include a complete statement of performance during the preceding one year with regard to the terms and conditions of approval of conversion and each projection, plan, or description submitted as part of the application for any conversion completed under an application submitted pursuant to this section and made a part of an approval for the conversion pursuant to  23-17.14-7,  23-17.14-8, or  23-17.14-19; and  (46) Copies of IRS Form 990 for any transacting party required by federal law to file such a form for each of the three (3) years prior to the submission of the application.  (b) Two (2) copies of the initial application shall be provided to each of the department of health and department of the attorney general simultaneously by United States mail, certified, return receipt requested. Filings may be submitted electronically if acceptable to the department of health and/or attorney general.  (c) Except for information determined by the attorney general in accordance with  23-17.14-32 to be confidential and/or proprietary, or otherwise required by law to be maintained as confidential, the initial application and supporting documentation shall be considered public records and shall be available for inspection upon request.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2000, ch. 325,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1; P.L. 2022, ch. 401,  1, effective June 30, 2022; P.L. 2022, ch. 441,  1, effective June 30, 2022. 
 23-17.14-7. Review process of the department of attorney general and the department of health and review criteria by department of attorney general. (a) The department of attorney general shall review all conversions involving a hospital in which one or more of the transacting parties involves a for-profit corporation and/or a not-for-profit corporation.  (b) In reviewing proposed conversions in accordance with this section and  23-17.14-10, the department of attorney general and department of health shall adhere to the following process:  (1) Within thirty (30) days after receipt of an initial application, the department of attorney general and department of health shall jointly advise the applicant, in writing, whether the application is complete, and, if not, shall specify all additional information the applicant is required to provide;  (2) The applicant will submit the additional information within thirty (30) working days. If the additional information is submitted within the thirty-day (30) period, the department of attorney general and department of health will have ten (10) working days within which to determine acceptability of the additional information. If the additional information is not submitted by the applicant within the thirty-day (30) period or if either agency determines the additional information submitted by the applicant is insufficient, the application will be rejected without prejudice to the applicants right to resubmit, the rejection to be accompanied by a detailed written explanation of the reasons for rejection. If the department of attorney general and department of health determine the additional information to be as requested, the applicant will be notified, in writing, of the date of acceptance of the application;  (3) Within thirty (30) working days after acceptance of the initial application, the department of attorney general shall render its determination on confidentiality pursuant to  23-17.14-32 and the department of attorney general and department of health shall publish notice of the application in a newspaper of general circulation in the state and shall notify by United States mail any person who has requested notice of the filing of the application. The notice shall:  (i) State that an initial application has been received and accepted for review;  (ii) State the names of the transacting parties;  (iii) State the date by which a person may submit written comments to the department of attorney general or department of health; and  (iv) Provide notice of the date, time, and place of informational meeting open to the public which shall be conducted within sixty (60) days of the date of the notice;  (4) The department of attorney general and department of health shall each approve, approve with conditions directly related to the proposed conversion, or disapprove the application within one hundred eighty (180) days of the date of acceptance of the application.  (c) In reviewing an application pursuant to subsection (a) of this section, the department of the attorney general shall consider the following criteria:  (1) Whether the proposed conversion will harm the publics interest in trust property given, devised, or bequeathed to the existing hospital for charitable, educational, or religious purposes located or administered in this state;  (2) Whether a trustee or trustees of any charitable trust located or administered in this state will be deemed to have exercised reasonable care, diligence, and prudence in performing as a fiduciary in connection with the proposed conversion;  (3) Whether the board established appropriate criteria in deciding to pursue a conversion in relation to carrying out its mission and purposes;  (4) Whether the board formulated and issued appropriate requests for proposals in pursuing a conversion;  (5) Whether the board considered the proposed conversion as the only alternative or as the best alternative in carrying out its mission and purposes;  (6) Whether any conflict of interest exists concerning the proposed conversion relative to members of the board, officers, directors, senior management, experts, or consultants engaged in connection with the proposed conversion including, but not limited to, attorneys, accountants, investment bankers, actuaries, healthcare experts, or industry analysts;  (7) Whether individuals described in subsection (c)(6) of this section were provided with contracts or consulting agreements or arrangements that included pecuniary rewards based in whole or in part on the contingency of the completion of the conversion;  (8) Whether the board exercised due care in engaging consultants with the appropriate level of independence, education, and experience in similar conversions;  (9) Whether the board exercised due care in accepting assumptions and conclusions provided by consultants engaged to assist in the proposed conversion;  (10) Whether the board exercised due care in assigning a value to the existing hospital and its charitable assets in proceeding to negotiate the proposed conversion;  (11) Whether the board exposed an inappropriate amount of assets by accepting in exchange for the proposed conversion future or contingent value based upon success of the new hospital;  (12) Whether officers, directors, board members, or senior management will receive future contracts in existing, new, or affiliated hospital or foundations;  (13) Whether any members of the board will retain any authority in the new hospital;  (14) Whether the board accepted fair consideration and value for any management contracts made part of the proposed conversion;  (15) Whether individual officers, directors, board members, or senior management engaged legal counsel to consider their individual rights or duties in acting in their capacity as a fiduciary in connection with the proposed conversion;  (16) Whether the proposed conversion results in an abandonment of the original purposes of the existing hospital or whether a resulting entity will depart from the traditional purposes and mission of the existing hospital such that a cy pres proceeding would be necessary;  (17) Whether the proposed conversion contemplates the appropriate and reasonable fair market value;  (18) Whether the proposed conversion was based upon appropriate valuation methods including, but not limited to, market approach, third-party report, or fairness opinion;  (19) Whether the conversion is proper under the Rhode Island Nonprofit Corporation Act;  (20) Whether the conversion is proper under applicable state tax code provisions;  (21) Whether the proposed conversion jeopardizes the tax status of the existing hospital;  (22) Whether the individuals who represented the existing hospital in negotiations avoided conflicts of interest;  (23) Whether officers, board members, directors, or senior management deliberately acted or failed to act in a manner that impacted negatively on the value or purchase price;  (24) Whether the formula used in determining the value of the existing hospital was appropriate and reasonable which may include, but not be limited to, factors such as: the multiple factor applied to the EBITDA  earnings before interest, taxes, depreciation, and amortization; the time period of the evaluation; price/earnings multiples; the projected efficiency differences between the existing hospital and the new hospital; and the historic value of any tax exemptions granted to the existing hospital;  (25) Whether the proposed conversion appropriately provides for the disposition of proceeds of the conversion that may include, but not be limited to:  (i) Whether an existing entity or a new entity will receive the proceeds;  (ii) Whether appropriate tax status implications of the entity receiving the proceeds have been considered;  (iii) Whether the mission statement and program agenda will be or should be closely related with the purposes of the mission of the existing hospital;  (iv) Whether any conflicts of interest arise in the proposed handling of the conversions proceeds;  (v) Whether the bylaws and articles of incorporation have been prepared for the new entity;  (vi) Whether the board of any new or continuing entity will be independent from the new hospital;  (vii) Whether the method for selecting board members, staff, and consultants is appropriate;  (viii) Whether the board will comprise an appropriate number of individuals with experience in pertinent areas such as foundations, health care, business, labor, community programs, financial management, legal, accounting, grant making, and public members representing diverse ethnic populations and the interests of the affected community; and  (ix) Whether the size of the board and proposed length of board terms are sufficient;  (26) Whether the transacting parties are in compliance with the Charitable Trust Act, chapter 9 of title 18;  (27) Whether a right of first refusal to repurchase the assets has been retained;  (28) Whether the character, commitment, competence, and standing in the community, or any other communities served by the transacting parties, are satisfactory;  (29) Whether a control premium is an appropriate component of the proposed conversion;  (30) Whether the value of assets factored in the conversion is based on past performance or future potential performance;  (31) Whether the proposed conversion is proper under chapter 36 of title 6 (Rhode Island Antitrust Act);  (32) Whether the board established appropriate criteria for staffing levels post conversion, including any reduction in staffing, relocation of staffing, or additional staffing affecting the new hospital(s) and the existing hospital(s);  (33) Whether the board exercised due care concerning staffing levels post conversion to comply with federal employment and labor laws, including the National Labor Relations Act (NLRA), 29 U.S.C.  151-169, Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 29 U.S.C.   621-634, Civil Rights Act of 1964, Pub. L. No. 88-352 (78 Stat. 241), 42 U.S.C.  2000d et seq. (Title VI);  (34) Whether the board exercised due care concerning staffing levels post conversion to comply with state employment and labor laws, including chapter 5 of title 28 (fair employment practices);  (35) Whether the board exercised due care in funding employee and retirement plans and pensions, including developing plans to fund unfunded liabilities for retirement plans and pensions for all employees, full-time or part-time;  (36) Whether the retirement and pensions plans are in compliance with the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.  1001 et seq.; and  (37) Whether the board established appropriate criteria for any impact analysis for the affected communities both before conversion and after proposed conversion, including benefits to the community, economic impact, and staffing.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2000, ch. 325,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1; P.L. 2020, ch. 63,  1; P.L. 2020, ch. 70,  1; P.L. 2022, ch. 401,  1, effective June 30, 2022; P.L. 2022, ch. 441,  1, effective June 30, 2022. 
 23-17.14-8. Review process and review criteria by department of health for conversions involving for-profit corporation as acquiror or acquiree. (a) The department of health shall review all proposed conversions involving a hospital in which one or more of the transacting parties involves a for-profit corporation.  (b) In reviewing an application for a conversion involving hospitals in which one or more of the transacting parties is a for-profit corporation, the department of health shall consider the following criteria:  (1) Whether the character, commitment, competence, and standing in the community, or any other communities served by the proposed transacting parties, are satisfactory;  (2) Whether sufficient safeguards are included to assure the affected community continued access to affordable care;  (3) Whether the transacting parties have provided clear and convincing evidence that the new hospital will provide health care and appropriate access with respect to traditionally underserved populations in the affected community;  (4) Whether procedures or safeguards are assured to insure that ownership interests will not be used as incentives for hospital employees or physicians to refer patients to the hospital;  (5) Whether the transacting parties have made a commitment to assure the continuation of collective bargaining rights, if applicable, and retention of the workforce;  (6) Whether the transacting parties have appropriately accounted for employment needs at the facility and addressed workforce retraining needed as a consequence of any proposed restructuring;  (7) Whether the conversion demonstrates that the public interest will be served considering the essential medical services needed to provide safe and adequate treatment, appropriate access, and balanced healthcare delivery to the residents of the state; and  (8) Whether the acquiror has demonstrated that it has satisfactorily met the terms and conditions of approval for any previous conversion pursuant to an application submitted under  23-17.14-6.  (c) In reviewing proposed conversions in accordance with this section, the department of health shall adhere to the process in  23-17.14-7(b).  History of Section.P.L. 1997, ch. 372,  1; P.L. 2000, ch. 325,  1; P.L. 2022, ch. 401,  1, effective June 30, 2022; P.L. 2022, ch. 441,  1, effective June 30, 2022. 
 23-17.14-9. Initial application  Conversions limited to not-for-profit corporations. All conversions which are limited to not-for-profit corporations which involve the establishment, maintenance, or operation of a hospital require prior approval of both the department of attorney general and the department of health or, if eligible for expedited review under  23-17.14-12.1, prior approval of the department of health and subject to the authority of the attorney general pursuant to  23-17.14-21 hereof. The review by the two (2) departments shall occur concurrently and neither department shall delay its review or determination because the other department has not completed its review or issued its determination. The applicant may request that the review by the departments occur concurrently with the review of any relevant federal regulatory authority. The transacting parties shall file an initial application pursuant to the provisions set forth in  23-17.14-6 or  23-17.14-12.1.  History of Section.P.L. 1997, ch. 372,  1; P.L. 2000, ch. 325,  1; P.L. 2012, ch. 258,  1; P.L. 2012, ch. 259,  1. 
 23-17.15-1. Legislative findings. It is found and declared as follows: (1) Rhode Island has a very high percentage of elderly persons, and the percentage of elderly persons is expected to increase.  (2) Rhode Island elderly and disabled persons desire access to the complete range of long-term care services.  (3) Coordination among existing long-term care programs needs continued improvement.  (4) Rhode Island needs to adopt goals and values for public policy regarding long-term care such as those stated in the Long-Term Care Plan for Rhode Island 1995-2000 as prepared by the long-term care coordinating council, pursuant to chapter 20 of title 40.  (5) The citizens of Rhode Island deserve a long-term care system that:  (i) Is consumer-driven and includes consumers in long-term care policy development; and  (ii) Is seamless, with coordinated funding and administration; and  (iii) Encourages consumer rights, information, choice, quality of care, safety, and quality of life; and  (iv) Accommodates the preferences of consumers, most of whom choose to remain independent and in their own homes and the community for as long as possible; and  (v) Offers a balanced array of services that are cost-effective and meet consumers needs.  History of Section.P.L. 1998, ch. 53,  1; P.L. 1998, ch. 321,  1. 
 23-17.15-2. Long-term care goals and values. All long-term care programs and services provided by any department or agency of the state shall be designed to promote independence and care in the least restrictive environment, to enhance the quality of life for consumers, and be consistent with and inclusive of the following values that reflect consumers preferences and needs:  (1) Consumers are treated with dignity and respect.  (2) Consumers actively participate in all decisions concerning their care.  (3) Consumers must be able to make informed choices about long-term care.  (4) Consumers have access to a range of services organized to meet their needs.  (5) The long-term care financing system is equitable, balancing personal and public responsibility.  (6) The long-term care system is accountable to the public.  (7) The long-term care system supports family and other informal caregivers.  (8) The long-term care system offers appropriate choices of services and providers.  (9) The long-term care system controls costs for consumers and the public.  (10) The long-term care system offers quality care in all service settings.  (11) The long-term care system coordinates with either medical, housing, transportation, health and/or other important services necessary to the consumer.  History of Section.P.L. 1998, ch. 53,  1; P.L. 1998, ch. 321,  1. 
 23-17.16-1. Legislative findings. The general assembly finds: (1) Home health care is an important part of the quality of health care;  (2) Home health care permits patients to receive medical care and treatment in the community; and  (3) Home health care is cost efficient health care.  History of Section.P.L. 2012, ch. 447,  2. 
 23-17.16-2. Definitions. As used in this chapter: (1) Healthcare provider means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.  (2) Person means an individual, corporation, business trust, estate, trust, partnership, association, government, governmental subdivision or agency, or any other legal entity.  History of Section.P.L. 2012, ch. 447,  2. 
 23-17.16-3. Purpose. The purpose of home health care is: (1) To avoid institutionalization;  (2) To shorten hospital stays;  (3) To speed recovery;  (4) To bridge care from healthcare facilities and primary care providers and specialty providers; and  (5) To allow patients to remain in the community.  History of Section.P.L. 2012, ch. 447,  2. 
 23-17.16-4. Written notice of rights of home care patients/clients. Each patient/client of a home nursing-care provider or home-care provider agency has the right to be informed of his or her rights under this chapter and the home nursing-care provider or home-care provider agency must protect and promote the exercise of these rights. The home nursing-care provider or home-care provider agency must provide the patient/client with a written notice of the patient/client rights in  23-17.16-2 in advance of furnishing care to the patient/client or during the initial evaluation visit before the initiation of treatment. A copy of the written notice of rights signed by the patient/client will be maintained in the patient/client record by the home nursing-care provider or home-care provider agency and in the patient/clients home. The home nursing-care provider or home-care provider agency must maintain documentation showing that it has complied with the requirements of this section. The provisions of this chapter shall not apply to nursing services or home health services conducted by and for those who rely exclusively upon spiritual means through prayer alone in accordance with the creed or tenets of a well recognized church or religious denomination.  History of Section.P.L. 1998, ch. 426,  1; P.L. 1998, ch. 452,  1; P.L. 2012, ch. 447,  1. 
 23-17.16-5. Rights of home care patients/clients. Each home care patient/client has the following rights: (1) To receive services without regard to race, creed, color, gender, sexual orientation, age, disability, or source of payment.  (2) To receive safe, appropriate and high quality care and services in a timely manner with consideration, dignity, respect and privacy.  (3) To accept or refuse care and to be informed of the consequences of that action.  (4) To be free from mental or physical abuse, physical punishment, neglect, damage to or theft of property, or exploitation of any kind.  (5) To have his or her property treated with respect.  (6) To exercise his or her rights as a patient/client of the home nursing-care provider or home-care provider agency. When the patient/client is unable to exercise his or her rights, an agent or legal guardian may exercise the patients/clients rights.  (7) To be informed, in advance, about the care to be furnished (and not to be furnished), the plan of care, and of any changes in the care to be furnished before the change is made.  (8) To help plan the care and services received or to help change the care and services.  (9) To be advised in advance of the disciplines that will furnish care, the frequency of visits proposed to be furnished, and the names and qualifications of all individuals providing care.  (10) To receive information necessary to make decisions about care (or to have a family member receive that information, as appropriate) and to have access to their records.  (11) To receive information and counseling about advanced directives such as the living will and durable power of attorney for health care, to formulate advanced directives, and to receive written information about the policy of the home nursing care provider or home care provider agency on client advanced directives and state COMFORT ONE protocol.  (12) To have his or her personal and clinical records treated and maintained in a confidential manner and to be advised by the agency of its policies and procedures regarding disclosure of clinical records.  (13) To be advised, before care is initiated, if the provider is a full participating provider in the patients/clients healthcare plan, the cost of services, the extent to which payment for the home nursing-care provider or home-care provider agency services may be expected from insurance, government and other sources, and the extent to which payment may be required from the patient/client and the charges they will be required to pay.  (14) To be informed of the home nursing-care provider or home-care provider agencys billing procedures and the patient/client payment responsibilities.  (15) To be informed of the home nursing-care provider or home-care provider agencys ownership and control.  (16) To be informed of any experimental research or investigational activities and the right to refuse them.  (17) To voice grievances (or to have the patients/clients family or guardian voice grievances on the patients/clients behalf if the patient/client is unable to do so) regarding treatment or care that is (or fails to be) furnished, or regarding the lack of respect for property by anyone who is furnishing services on behalf of the home nursing-care provider or home-care provider agency; to be advised on how to voice grievances; and not to be subjected to discrimination or reprisal for doing so.  (18) To have the patients/clients complaints investigated, or complaints made by the patients/clients family or guardian, regarding treatment or care that is (or fails to be) furnished, or regarding the lack of respect for the patient/client or the patients/clients property by anyone furnishing services on behalf of the home nursing-care provider or home-care provider agency, and the home nursing-care provider or home-care provider agency must document both the existence of the complaint and the resolution of the complaint.  (19) To be informed, in writing, of his or her rights to appeal a determination or decision made by the home nursing-care provider or home-care provider agency with regard to eligibility for service, the types or levels of service in the care plan, a termination or change in service, or if the patient/client feels that his or her rights under this chapter have been violated.  (20) To be advised, in writing, of the names, addresses, and telephone numbers of the state ombudsperson, the attorney generals Medicaid fraud control unit, the state licensing agency and the availability of the state toll-free home health hotline, the hours of its operation, and that the purpose of the hotline is to receive complaints or questions about local home nursing-care providers or home-care providers.  (21) The patient/client shall have the right to receive information concerning hospice care, including the benefits of hospice care, the cost, and how to enroll in hospice care.  History of Section.P.L. 1998, ch. 426,  1; P.L. 1998, ch. 452,  1; P.L. 2001, ch. 236,  1; P.L. 2001, ch. 381,  1; P.L. 2003, ch. 238,  3; P.L. 2003, ch. 306,  3; P.L. 2012, ch. 447,  1. 
 23-17.17-1. Purpose. The legislature finds that: (1) The health care service system is under transition;  (2) The growth of managed care and utilization review, the merger of facilities and regionalization of care systems, and increased competition and conversions from nonprofit to for-profit status, are evidence of this transition;  (3) The changes have created strong public interest in issues relating to quality of care and access to health services, and require careful monitoring of quality of care issues and new and improved public sector approaches to measuring, evaluating and improving quality;  (4) It is an important public health function to promote quality in the states health care system by developing a health care quality performance measures and reporting program to guide quality improvement initiatives.  History of Section.P.L. 1998, ch. 92,  1. 
 23-17.17-10. Reporting requirements for the health care database. (a) Insurers, health care providers, health care facilities and governmental agencies shall file reports, data, schedules, statistics or other information determined by the director to be necessary to carry out the purposes of this chapter. The reports required by this chapter shall be accepted by the director in any certification commission for health care information technology (CCHIT) certified form. Such information may include:  (1) health insurance claims and enrollment information used by health insurers;  (2) information relating to hospital finance; and  (3) any other information relating to health care costs, prices, quality, utilization, or resources required to be filed by the director.  (b) The comprehensive health care information system shall not collect any data that contains direct personal identifiers. For the purposes of this section direct personal identifiers includes information relating to an individual that contains primary or obvious identifiers, such as the individuals name, street address, e-mail address, telephone number and social security number. All data submitted to the director pursuant to this chapter shall be protected by the removal of all personal identifiers and the assignment by the insurer to each subscriber record of a unique identifier not linked to any personally identifiable information.  History of Section.P.L. 2008, ch. 114,  1; P.L. 2008, ch. 207,  1. 
 23-17.17-11. Data collection and information sharing for the health care database. (a) All insurers shall electronically provide to the director in accordance with standards and procedures adopted by the director in regulation:  (1) their health insurance claims data;  (2) cross-matched claims data on requested members, subscribers or policyholders; and  (3) member, subscriber or policyholder information necessary to determine third-party liability for benefits provided.  (b) For purposes of all data collection and public reporting of data under this chapter the collection, storage and release of health care data and statistical information that is subject to the federal requirements of the Health Insurance Portability and Accountability Act (HIPAA) shall be governed by the rules adopted in 45 C.F.R. Parts 160 and 164 and other applicable law.  (c) All insurers that collect the health employer data and information set (HEDIS) shall annually submit the HEDIS information and such other relevant industry quality standard measures as the director requires to the director in a form and in a manner prescribed by the director.  (d) The director shall collaborate with the insurance commissioner within the department of business regulation and all health and human service agencies in the development of a comprehensive health care information system and shall make all data collected pursuant to this chapter available to the insurance commissioner and all relevant government agencies in furtherance of the goals of the database set forth herein. The collaboration is intended to address the formulation of a description of the data sets that will be included in the comprehensive health care information system, the criteria and procedures for the development of limited use data sets, the criteria and procedures to ensure the HIPAA compliant limited use data sets are accessible, and a proposed time frame for the creation of a comprehensive health care information system.  (e) To the extent allowed by HIPAA and other applicable law, the data shall be available as a resource for insurers, employers, providers, purchasers of health care, and state agencies to continuously review health care utilization, expenditures and performance in Rhode Island and to enhance the ability of Rhode Island consumers and employers to make informed and cost-effective health care choices. In presenting data for public access, comparative considerations shall be made regarding geography, demographics, general economic factors and institutional size.  (f) The health care quality steering committee shall advise the director as to the most effective means to make the database accessible to the public for purposes of improving the quality of health care services in Rhode Island.  (g) The director shall adopt regulations to carry out the provisions of this chapter, including standards and procedures and criteria for the required filing of such claims data, eligibility data, provider files and other information as the director determines to be necessary to carry out the purposes of this section and this chapter.  History of Section.P.L. 2008, ch. 114,  1; P.L. 2008, ch. 207,  1. 
 23-17.17-2. Definitions. (a) Clinical outcomes means information about the results of patient care and treatment.  (b) Director means the director of the department of health or his or her duly authorized agent.  (c) Healthcare facility has the same meaning as contained in the regulations promulgated by the director of health pursuant to chapter 17 of this title.  (d) Healthcare provider means any physician, or other licensed practitioners with responsibility for the care, treatment, and services rendered to a patient.  (e) Hospital-acquired infection means a localized or systemic condition: (1) that results from adverse reaction to the presence of an infectious agent(s) or its toxin(s); and (2) may include infections not present or exhibiting signs and symptoms at the time of admission to the hospital as determined by the department with recommendations from the health care quality steering committee with advice from the hospital acquired infections and prevention advisory committee.  (f) Insurer means any entity subject to the insurance laws and regulations of this state, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation, an insurance company offering accident and sickness insurance, a health maintenance organization, as defined by  27-41-1, a nonprofit hospital or medical service corporation, as defined by chapters 19 and 20 of title 27, or any other entity providing a plan of health insurance or health benefits.  (g) Patient satisfaction means the degree to which the facility or provider meets or exceeds the patients expectations as perceived by the patient by focusing on those aspects of care that the patient can judge.  (h) Performance measure means a quantitative tool that provides an indication of an organizations performance in relation to a specified process or outcome.  (i) Quality of care means the result or outcome of healthcare efforts.  (j) Reporting program means an objective feedback mechanism regarding individual or facility performance that can be used internally to support performance improvement activities and externally to demonstrate accountability to the public and other purchasers, payers, and stakeholders.  (k) Risk-adjusted means the use of statistically valid techniques to account for patient variables that may include, but need not to be limited to, age, chronic disease history, and physiologic data.  (l) Consumer information means, but is not limited to, providing written recommendations to every individual before and during their hospitalization for the purpose of preventing hospital acquired infections. In emergency hospitalizations, written guidelines shall be given within a reasonable period of time.  History of Section.P.L. 1998, ch. 92,  1; P.L. 2006, ch. 248,  2; P.L. 2006, ch. 274,  2; P.L. 2008, ch. 97,  1; P.L. 2008, ch. 154,  1; P.L. 2008, ch. 475,  53; P.L. 2010, ch. 164,  1; P.L. 2010, ch. 168,  1. 
 23-17.17-3. Establishment of health care quality performance measurement and reporting program. The director of health is authorized and directed to develop a state health care quality performance measurement and reporting program. The health care quality performance measurement and reporting program shall include quality performance measures and reporting for health care facilities licensed in Rhode Island. The program shall be phased in over a multi-year period and shall begin with the establishment of a program of quality performance measurement and reporting for hospitals. In subsequent years, quality performance measurement and reporting requirements will be established for other types of health care facilities such as nursing facilities, home nursing care providers, other licensed facilities, and licensed health care providers as determined by the director of health. Prior to developing and implementing a quality performance measurement and reporting program for hospitals or any other health care facility or health care provider, the director shall seek public comment regarding the type of performance measures to be used and the methods and format for collecting the data.  History of Section.P.L. 1998, ch. 92,  1; P.L. 2006, ch. 248,  2; P.L. 2006, ch. 274,  2. 
 23-17.17-4. Program requirements  Adoption of rules and regulations. (a) The quality performance measurement and reporting program established under this chapter shall, at a minimum, incorporate the following:  (1) A standardized data set of clinical performance measures, risk-adjusted for patient variables, that shall be collected and reported periodically to the department, and  (2) Comparable, statistically valid patient satisfaction measures that shall be conducted periodically by facilities and/or health care providers and reported to the department.  (b) In accordance with the provisions of  42-35-3, the director is authorized to adopt, promulgate, and enforce rules and regulations designed to implement the provisions of this chapter including the details and format for the periodic reporting requirements.  History of Section.P.L. 1998, ch. 92,  1; P.L. 2006, ch. 248,  2; P.L. 2006, ch. 274,  2. 
 23-17.17-5. Annual report. (a) The director shall prepare and submit by January fifteenth (15th) of each year an annual report to the general assembly and governor on the status of the health care quality performance measurement and reporting program. The annual report shall include information on trends in health care quality performance measures, identify areas for quality improvement initiatives, and program plans and objectives for future years. The first annual report shall include:  (1) Progress to date in implementing the health care quality performance measurement and reporting program for hospitals,  (2) A proposed timetable for adding additional types of licensed facilities to the health care quality performance measurement and reporting program, and  (3) A study of a cost-sharing mechanism for the operational costs of the health care quality performance measurement and reporting program.  (b) The director shall also prepare a statewide quality performance measurement report using the data collected from the quality performance measurement and reporting program. The report, based on risk-adjusted, scientifically valid, data-driven mechanisms, shall be made available to the public to show how individual facilities compare and to help identify both exemplary performance and best practices to facilitate the provision of bench marking services to health care organizations.  History of Section.P.L. 1998, ch. 92,  1. 
 23-17.17-6. Health care quality steering committee. (a) The director shall establish and serve as chairperson of a health care quality steering committee of no more than nineteen (19) members to advise in the following matters:  (1) Determination of the comparable performance measures to be reported on;  (2) Assessment of factors, including, but not limited to, factors related to incidents and events reported to the department pursuant to  23-17-40, contributing to the provision of quality health care and patient safety;  (3) Selection of the patient satisfaction survey measures and instrument;  (4) Methods and format for data collection;  (5) Program expansion and quality improvement initiatives;  (6) Format for the public quality performance measurement report;  (7) Consideration of nursing-sensitive performance measures to be reported on;  (8) Consideration of the relationship between human resources and quality, beginning with measurement and reporting for nursing staff;  (9) Consideration of measures associated with hospital-acquired infections with consultation of infections control experts and with the hospital-acquired infections and prevention advisory committee as established herein:  (i) Hospital-acquired infections and prevention advisory committee:  (A) The director of the department of health as the chairperson of the steering committee shall appoint a permanent subcommittee called the hospital-acquired infections and prevention advisory committee. Membership shall include representatives from public and private hospitals, infection control professionals, director care nursing staff, physicians, epidemiologists with expertise in hospital-acquired infections, academic researchers, consumer organizations, health insurers, health maintenance organizations, organized labor, and purchasers of health insurance, such as employers. The advisory committee shall have a majority of members representing the infection control community.  (B) The director of the department of health shall conduct a national and state specific public reporting format scan of hospital acquired infection public reporting to be completed and transmitted to the steering committee and referred to the advisory committee by October 1, 2008.  (C) The advisory committee shall assist and advise the steering committee and the department in the development of all aspects of the departments methodology for collecting, analyzing, and disclosing the information collected under this act, including collection methods, formatting, and methods and means for release and dissemination.  (D) In developing the methodology for collecting and analyzing the hospital infection data, the department, steering committee and advisory committee shall consider existing methodologies and systems for data collection, such as the centers for disease controls national healthcare safety network, or its successor; provided, however, the departments discretion to adopt a methodology shall not be limited or restricted to any existing methodology or system. The data collection and analysis methodology shall be disclosed with the public report at the time of release.  (E) The department, steering committee and the advisory committee shall evaluate, on a regular basis, the quality and accuracy of hospital information reported under this act and the data collection, analysis, and dissemination methodologies.  (ii) Hospital reports:  (A) Individual hospitals shall collect data on hospital-acquired infections for the specific clinical procedures determined by the department by regulation, which may include the following general categories as further defined by the advisory committee:  (I) Surgical site infections;  (II) Ventilator-associated pneumonia;  (III) Central line-related bloodstream infections;  (IV) Urinary tract infections;  (V) Process of care measures, such as compliance with the surgical infection prevention/surgical care improvement program (SIP/SCIP) parameters, prevention bundles for central line-associated bloodstream infections, prevention bundles for catheter-associated urinary tract infections, hand hygiene compliance, compliance with isolation precautions; and  (VI) Other categories as recommended by the advisory committee.  (B) Beginning on or before April 1, 2009, hospitals shall submit quarterly reports on their hospital-acquired infection rates to the department. Quarterly reports shall be submitted, in a format set forth in regulations adopted by the department. Data in quarterly reports must cover a period ending not earlier than one month prior to submission of the report. Annual reports shall be made available to the public at each hospital and through the department. The first annual report shall be due no later than October 2010.  (C) The advisory committee shall recommend standardized criteria for reporting surgical site infection outcome data for quality improvement recommendations. This will include standards for post discharge surveillance. The information shall be included in hospitals quality improvement and safety plan to reduce surgical site infection. The advisory committee shall recommend written guidelines to be given to every individual before and if necessary during their hospitalization for the purpose of preventing hospital-acquired infections. In emergency hospitalizations, written guidelines shall be given within a reasonable period of time.  (D) If the hospital is a division or subsidiary of another entity that owns or operates other hospitals or related organizations, the quarterly report shall be for the specific division or subsidiary and not the other entity.  (iii) Department reports:  (A) The department shall annually submit to the legislature a report summarizing the hospital quarterly reports and shall publish the annual report on its website. The first annual report shall be submitted and published no later than December 2010. Following the initial report, the department shall update the public information on a yearly basis after it has been reviewed by the steering committee with advice from the hospital-acquired infections and prevention advisory committee.  (B) All reports of outcome measures issued by the department may be risk-adjusted using NHSN methodology or other nationally accepted methodology, to adjust for the differences among hospitals as reviewed and recommended by the hospital-acquired infections and prevention advisory committee.  (C) The annual report shall compare hospital-acquired infection data as recommended by the advisory committee, collected under subsection (9)(B), for each individual hospital in the state. The department, in consultation with the advisory committee, shall make this comparison as easy to comprehend as possible. The report shall also include an executive summary, written in plain language that shall include, but not be limited to, a discussion of findings, conclusions, and trends concerning the overall state of hospital-acquired infections in the state, including a comparison to prior years. The report may include policy recommendations, as appropriate.  (D) The department shall publicize the report and its availability as widely as practical to interested parties, including, but not limited to, hospitals, providers, media organizations, health insurers, health maintenance organizations, purchasers of health insurance, organized labor, consumer or patient advocacy groups, and individual consumers. The annual report shall be made available to any person upon request.  (E) No hospital report of department disclosure may contain information identifying a patient, employee, or licensed healthcare professional in connection with a specific infection incident.  (10) Consideration of pressure ulcer occurrence; and  (11) Other related issues as requested by the director.  (b) The members of the health care quality performance steering committee shall include one member of the house of representatives, to be appointed by the speaker; one member of the senate, to be appointed by the president of the senate; the director or directors designee of the department of human services; the director or the directors designee of the department of behavioral healthcare, developmental disabilities and hospitals; the director or the directors designee of the office of healthy aging; and thirteen (13) members to be appointed by the director of the department of health to include persons representing Rhode Island licensed hospitals and other licensed facilities/providers, the medical and nursing professions, the business community, organized labor, consumers, and health insurers and health plans and other parties committed to healthcare quality.  History of Section.P.L. 1998, ch. 92,  1; P.L. 2000, ch. 151,  1; P.L. 2000, ch. 375,  1; P.L. 2000, ch. 498,  1; P.L. 2001, ch. 180,  46; P.L. 2002, ch. 389,  2; P.L. 2006, ch. 539,  1; P.L. 2008, ch. 24,  1; P.L. 2008, ch. 29,  1; P.L. 2008, ch. 97,  1; P.L. 2008, ch. 154,  1; P.L. 2010, ch. 164,  1; P.L. 2010, ch. 168,  1. 
 23-17.17-7. Repealed.
 23-17.17-8. Annual hospital staffing report. (a) Annually in the month of January, every licensed hospital shall submit to the Rhode Island department of health, its core-staffing plan. Such plan shall specify for each patient care unit and each shift, the number of registered nurses, licensed practical nurses and/or certified nursing assistants who shall ordinarily be assigned to provide direct patient care and the average number of patients upon which such staffing levels are based.  (b) For the purposes of this section:  (1) Core-staffing plan shall mean the projected complement of nonmanagerial nursing staff that shall be assigned on each shift to a specified patient care unit.  (2) Nonmanagerial nursing staff shall mean registered nurses, licensed practical nurses and/or certified nursing assistants who perform nonmanagerial direct patient care functions for more than fifty percent (50%) of their scheduled hours on a given patient care unit.  (3) Patient care unit shall mean a designated area for assigning patients and staff for which discrete budget and staffing plans exist.  History of Section.P.L. 2005, ch. 45,  1; P.L. 2005, ch. 60,  1; P.L. 2008, ch. 475,  53. 
 23-17.17-9. Health care quality and value database. (a) The director shall establish and maintain a unified health care quality and value database to:  (1) Determine the capacity and distribution of existing resources;  (2) Identify health care needs and inform health care policy;  (3) Evaluate the effectiveness of intervention programs on improving patient outcomes;  (4) Compare costs between various treatment settings and approaches;  (5) Provide information to consumers and purchasers of health care;  (6) Improve the quality and affordability of patient health care and health care coverage;  (7) Strengthen primary care infrastructure;  (8) Strengthen chronic disease management;  (9) Encourage evidence-based practices in health care.  (b) The program authorized by this section shall include a consumer health care quality and value information system designed to make available to consumers transparent health care price information, quality information and such other information as the director determines is necessary to empower individuals, including uninsured individuals, to make economically sound and medically appropriate decisions.  (c) The health care quality steering committee shall serve as the working group to advise the director on the development and implementation of the consumer health care quality and value information system.  (d) The director, in collaboration with the health insurance commissioner, may require an insurer covering at least five percent (5%) of the lives covered in the insured market in this state to file with the director a consumer health care price and quality information plan in accordance with regulations adopted by the director pursuant to this section.  (e) The director shall adopt such regulations as are necessary to carry out the purposes of this section and this chapter. The regulations may permit the gradual implementation of the consumer health care quality and value information system over time, beginning with health care price and quality information that the director determines is most needed by consumers or that can be most practically provided to the consumer in an understandable manner. The regulations shall permit insurers to use security measures designed to allow subscribers access to price and other information without disclosing trade secrets to individuals and entities who are not subscribers. The regulations shall avoid unnecessary duplication of efforts relating to price and quality reporting by insurers, health care providers, health care facilities, and others, including activities undertaken by hospitals pursuant to their reporting obligations under this chapter and other chapters of the general laws.  (f) Requirements for reporting to the health care quality database enumerated in this section and subsequent sections of this chapter shall not apply to insurance coverage providing benefits for:  (1) Hospital confinement indemnity;  (2) Disability income;  (3) Accident only;  (4) Long-term care;  (5) Medicare supplement;  (6) Limited benefit health;  (7) Specified disease indemnity;  (8) Sickness or bodily injury or death by accident or both; or  (9) Other limited benefit policies.  History of Section.P.L. 2008, ch. 114,  1; P.L. 2008, ch. 207,  1. 
 23-17.18-1. Repealed. History of Section.P.L. 1999, ch. 477,  1; Repealed by P.L. 2017, ch. 302, art. 5,  3, effective January 1, 2018. 
 23-17.19-1. Short title. This chapter shall be known and may be cited as the Long-Term Care Resident and Employee Immunization Act.  History of Section.P.L. 2000, ch. 263,  1. 
 23-17.19-2. Definitions. The following words and phrases when used in this chapter have the meanings given to them in this section unless the content clearly indicates otherwise:  (1) Department means the department of health;  (2) Employee means an individual employed, whether directly, by the contract with another entity or as an independent contractor, by a long-term care nursing facility on a part-time or full-time basis;  (3) Long-term care facility or facility means a health care facility as defined in chapter 17 of this title, which provides long-term health care.  History of Section.P.L. 2000, ch. 263,  1. 
 23-17.19-3. Long-term care resident and employee immunization. Except as provided in  23-17.19-6, every facility in this state shall request that residents and employees be immunized for influenza virus and pneumococcal disease in accordance with this chapter.  History of Section.P.L. 2000, ch. 263,  1. 
 23-17.19-4. Resident immunization. (a) Notice to resident. Upon admission, the facility shall notify the resident and legal guardian of the immunization requirements of this chapter and request that the resident agree to be immunized against influenza virus and pneumococcal disease.  (b) Records and immunizations. Every facility shall document the annual immunization against influenza virus and immunization against pneumococcal disease for each resident which includes written evidence from a health care provider indicating the date and location the vaccine was administered. Upon finding that a resident is lacking the immunization or the facility or individual is unable to provide documentation that the individual has received the appropriate immunization, the facility shall make available the immunization. Immunization and the documentation of the immunization shall take place no later than November 30 of each year.  (c) Other immunizations. An individual who becomes a resident after November 30 and prior to April 1 of the following year shall have his or her status for influenza and pneumococcal immunization determined by the facility, and, if found to be deficient, the facility shall make available the necessary immunizations.  History of Section.P.L. 2000, ch. 263,  1. 
 23-17.19-5. Employee immunization. (a) Notice to employees. Every facility shall notify every employee of the immunization requirements of this chapter and request that the employee agree to be immunized against influenza virus.  (b) Records and immunizations. The facility shall require documentation of annual immunization against influenza virus for each employee, which includes written evidence from a health care provider indicating the date and location the vaccine was administered. Upon finding that an employee is lacking the immunization or the facility or individual is unable to provide documentation that the individual has received the appropriate immunization, the facility shall make available the immunization. Immunization and the documentation of the immunization shall take place no later than November 30 of each year.  (c) Other immunizations. An individual who is newly employed as an employee and after November 30 and prior to April 1 shall have his status for influenza determined by the facility, and, if found to be deficient, the facility shall make available the necessary immunization.  (d) Immunization authorized. Nothing in this section shall prohibit the immunization against pneumococcal disease to employees.  History of Section.P.L. 2000, ch. 263,  1. 
 23-17.19-6. Exceptions. No resident or employee shall be required to receive either the influenza or pneumococcal vaccine if any of the following apply:  (1) The vaccine is contraindicated;  (2) It is against his or her religious beliefs; or  (3) The resident or the residents legal guardian refuses the vaccine after being fully informed of the health risks of that action.  History of Section.P.L. 2000, ch. 263,  1. 
 23-17.19-7. Regulations. (a) Promulgation by department. The department shall promulgate regulation relating to the immunization requirements of this chapter, taking into consideration the recommendations of the Advisory Committee on Immunization Practices (ACIP) of the Centers for Disease Control and Prevention.  (b) Educational materials. The department, in conjunction with the department of elderly affairs, shall make available educational and informational materials to all facilities with respect to vaccination against influenza virus and pneumococcal disease.  (c) Report to general assembly. Three (3) years from July 13, 2000, the department shall report to the general assembly on the number of outbreaks in facilities each year due to influenza virus and pneumococcal disease. The number of hospitalizations of facility residents each year due to influenza virus, pneumococcal disease, and complications of those must be reported as well.  History of Section.P.L. 2000, ch. 263,  1. 
 23-17.2-1. Short title. This chapter may be cited as the Nursing or Personal Care Home Accountability Act. History of Section.P.L. 1976, ch. 284,  1. 
 23-17.2-2. Entries required in log or journal. (a) Any person employed or compensated by the state for their services to patients or residents of nursing or personal care homes, as defined in chapter 17 of this title, shall, upon each official visit to a nursing or personal care home, enter in a log or journal as defined in this chapter:  (1) His or her full name, both signed and printed;  (2) His or her official position, title, or representative capacity;  (3) The date and time the person entered and departed the facility; and  (4) A brief description of the purpose of his or her visit.  (b) The log or journal shall be a public record available to public inspection at all reasonable times.  History of Section.P.L. 1976, ch. 284,  1. 
 23-17.2-3. Duties of the director. The department of health shall enforce the provisions of this chapter and the director of the department shall design and issue a log or journal to be maintained by and in each nursing or personal care home which shall provide for the information required by this chapter. The director, or the directors agent or designee not regularly engaged in nursing or personal care home visitation shall examine, inspect, and certify the contents of the log or journal biannually. A separate section of the log or journal shall contain the full name, both signed and printed, of the director, the directors agent or designee and the date and time the log or journal was certified.  History of Section.P.L. 1976, ch. 284,  1. 
 23-17.2-4. Duties of administrator. The administrator of every nursing or personal care home subject to the provisions of this chapter shall maintain and provide for the safekeeping of the log or journal and shall further maintain an original signature card of every person required to comply with  23-17.2-2.  History of Section.P.L. 1976, ch. 284,  1. 
 23-17.2-5. Duty to report violations. Any person who knows or has reason to know of any violations of this chapter shall report the violations to the director of the department of health who shall conduct an immediate investigation and report his or her findings to the attorney general.  History of Section.P.L. 1976, ch. 284,  1. 
 23-17.2-6. Failure to comply. Any person who fails to comply with the provisions of this chapter shall be fined fifty dollars ($50.00) for each failure. Any person employed by the state who fails to comply as provided in this chapter shall be subject to being discharged from that employment.  History of Section.P.L. 1976, ch. 284,  1. 
 23-17.2-7. Altering or falsifying log or journal  Misdemeanor. Any person who knowingly signs the name of another, or signs his or her own name and enters false information in the log or journal, or otherwise alters the information contained in the log or journal shall be guilty of a misdemeanor. Any person employed by the state found to have violated the provisions of this section shall be discharged from that employment.  History of Section.P.L. 1976, ch. 284,  1. 
 23-17.20-1. Purpose. It is declared to be the public policy of this state to establish a maximum workday for certain hourly wage employees as defined herein, beyond which the employees cannot be required to perform overtime work, in order to safeguard their health, efficiency, and general well-being, as well as the health and general well-being of the persons to whom these employees provide services.  History of Section.P.L. 2007, ch. 496,  1; P.L. 2007, ch. 515,  1. 
 23-17.20-2. Definitions. As used in this chapter: (1) Employee means a nurse licensed pursuant to chapter 5-34, and a certified nurse assistant registered pursuant to chapter 23-17.9, provided further, that such term shall not include certified registered nurse anesthetists or resident physicians; and provided further, that for purposes of this chapter, said nurse and/or nursing assistant shall be paid on the basis of an hourly wage. As used in this chapter, the term employee shall not include a person who is paid an annual salary, and shall not include employees who are working pre-scheduled on-call time in the surgical department of a health care facility.  (2) Employer means a person, partnership, association, corporation or group of persons acting directly or indirectly in the interest of a health care facility;  (3) Health care facility means any private, public or state hospital;  (4) On-call time means time spent by an employee who is not working on the premises of the place of employment but who is compensated for availability or who, as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises;  (5) Reasonable efforts means that the employer shall:  (i) Seek persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance;  (ii) Contact all qualified employees who have made themselves available to work extra time; and  (iii) Seek the use of per diem staff;  (6) Regular hourly wage means the amount that an employee is regularly paid for each hour of work as determined by dividing the total hours of work during the week into the employees total earnings for the week, exclusive of pay for overtime work;  (7) Unforeseeable emergent circumstance means an unpredictable occurrence relating to health care delivery that requires immediate action, and which shall include a major power outage, a public health emergency, an irregular increase in patient census, or an irregular increase in the number of employees not reporting for predetermined scheduled work shifts.  History of Section.P.L. 2007, ch. 496,  1; P.L. 2007, ch. 515,  1; P.L. 2008, ch. 475,  54. 
 23-17.20-3. Overtime requirement. (a) No health care facility as defined above shall require an employee to accept work in excess of an agreed to, predetermined scheduled work shift of eight (8), ten (10), or twelve (12) hours.  (b) No health care facility shall require an employee to work overtime in excess of an agreed to, predetermined scheduled work shift of eight (8), ten (10), or twelve (12) hours, except in an unforeseeable emergent circumstance. In no case shall a health care facility require an employee to work in excess of twelve (12) consecutive hours. The refusal of any employee to accept such overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee.  (c) Nothing in this chapter shall be construed to limit voluntary overtime in excess of an agreed to, predetermined scheduled work shift of eight (8), ten (10), or twelve (12) hours.  (d) The provisions of this section shall not apply in the case of an unforeseeable emergent circumstance when: (1) the overtime is required only as a last resort and is not used to fill vacancies resulting from chronic short staffing; and (2) the employer has exhausted reasonable efforts to obtain staffing.  (e) The requirement that the employer shall exhaust reasonable efforts to obtain staffing shall not apply in the event of any declared national, state or municipal emergency or a disaster or other catastrophic event which substantially affects or increases the need for health care services.  History of Section.P.L. 2007, ch. 496,  1; P.L. 2007, ch. 515,  1. 
 23-17.20-4. Penalty for violations. Any employer who violates or fails to comply with any of the provisions of this chapter shall be subject to a fine of three hundred dollars ($300) for each violation of this chapter, which shall be paid to the center for health professions, as established in  23-17.20.2. Until such time as the center for health professions is operating, the fines shall be payable to the general fund. The department of labor and training shall determine if a violation of this chapter occurs, and shall levy the appropriate fine.  History of Section.P.L. 2007, ch. 496,  1; P.L. 2007, ch. 515,  1. 
 23-17.20-5. Collective bargaining agreements. The provisions of this chapter shall not negate any employee rights or benefits existing under collective bargaining agreements.  History of Section.P.L. 2007, ch. 496,  1; P.L. 2007, ch. 515,  1. 
 23-17.20-6. Severability. If any provision of this chapter, or the application of any provision to any person or circumstance, is held invalid, the remainder of the chapter and the application of the provision to other persons or circumstances are not affected by the invalidity.  History of Section.P.L. 2007, ch. 496,  1; P.L. 2007, ch. 515,  1. 
 23-17.20-7. Use of non-Rhode Island licensed nurses. (a) Healthcare facilities shall report to the department of health the name and state of licensure of any registered nurse performing work duties at the facility who is not licensed in Rhode Island. This information shall be reported to the department within fourteen (14) business days from when the registered nurse not licensed in Rhode Island begins performing work duties at the healthcare facility. Healthcare facilities shall also report to the department the name and state of licensure of registered nurses not licensed in Rhode Island within fourteen (14) business days of when those nurses no longer perform work duties at the facility. The department shall make the above-prescribed information, with the exception of the names of the nurses, available to the public.  (b) The department of health shall promulgate regulations to further define the terms, conditions, and requirements of this section.  History of Section.P.L. 2017, ch. 138,  1; P.L. 2017, ch. 154,  1. 
 23-17.21-1. Title. This act shall be known and may be cited as The Rhode Island Patient Safety Act of 2008.  History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1. 
 23-17.21-2. Legislative findings. The general assembly finds: (a) There are an unacceptable high number of preventable patient safety events in the health care system;  (b) Current solutions that focus on reporting, discipline and retraining of individuals have proven inadequate alone to address this systemic problem.  History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1. 
 23-17.21-3. Legislative purpose and intent. The general assembly proposes a Rhode Island patient safety organization that: (a) Works with hospitals, nursing facilities, and freestanding ambulatory surgical centers for both the reporting of patient safety events including situations in which a patient safety event was averted (near misses) and evaluating the root causes of the patient safety event;  (b) Recommends to health care providers changes to improve their patient safety through investigating system causes related to the patient safety events and, on at least an annual basis, to the department for statewide changes and policies that will advance patient safety and quality improvement;  (c) Facilitates the creation and maintenance of a non-identifiable patient safety database. The database shall have the capacity to accept, aggregate, and analyze non-identifiable patient safety work product and data reported by entities and provide this to the national network of patient safety databases.  History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1. 
 23-17.21-4. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (a) Department means the Rhode Island department of health.  (b) Director means the director of the Rhode Island department of health.  (c) Healthcare facility means any corporation, limited liability company, facility, or institution licensed by this state to provide health care or professional services, or an officer, employee, or agent thereof acting in the course and scope of his or her employment.  (d) Near misses means circumstances in which a patient safety event is narrowly averted.  (e) Patient safety activities means: (1) Efforts to improve patient safety and the quality of healthcare delivery; (2) The collection and analysis of patient safety work product; (3) The development and dissemination of information with respect to improving patient safety, such as recommendations, protocols, or information regarding best practices; (4) The utilization of patient safety work product for the purposes of encouraging a culture of safety and of providing feedback and assistance to effectively minimize patient risk; (5) The maintenance of procedures to preserve confidentiality with respect to patient safety work product; and (6) The provision of appropriate security measures with respect to patient safety work product.  (f) Patient safety event means those events as defined by the National Quality Forum, Institute of Medicine, Center for Medicare and Medicaid Services (CMS), and as further defined by the quality of care advisory committee, as established herein, and shall include near misses.  (g) Patient safety organization (PSO) means any public or private organization certified by the director, or component of any such organization, whose activity is to improve patient safety and the quality of healthcare delivery for patients receiving care through the collection, aggregation, analysis, investigation, and/or processing of medical or healthcare related information submitted to it by reporting entities. A PSO shall not mean any agency or public body as defined in  38-2-2(1).  (h) Patient safety work product means all reports, records, memoranda, analyses, statements, root cause analyses, and written or oral statements, that: (1) A healthcare facility or provider prepares for the purpose of disclosing a patient safety event, and are disclosed, to a patient safety organization; (2) Are received from a reporting entity, and are created and analyzed by a patient safety organization; or (3) Directly or indirectly contain deliberations, analytical process, recommendations, conclusions, or other communications of a patient safety organization and between a patient safety organization and healthcare providers or facilities.  (i) Identifiable patient safety work product means patient safety work product that: (1) Is presented in a form and manner that allows the identification of any provider or reporting entity that is a subject of the work product, or any providers or reporting entities that participate in activities that are a subject of the work product; (2) Constitutes individually identifiable health information as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 C.F.R. Parts 160-164); or (3) Is presented in a form and manner that allows the identification of an individual.  (j) Nonidentifiable patient safety work product means patient safety work product that is not identifiable patient safety work product as defined in subsection (h) herein.  (k) Reporting entities means all hospitals, nursing facilities, and freestanding ambulatory surgical centers licensed under chapter 17 of this title.  History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1; P.L. 2017, ch. 178,  1; P.L. 2017, ch. 383,  1. 
 23-17.21-5. Powers and duties of the department. The powers necessary to carry out the duties of this chapter shall be vested in the director and are as follows:  (a) The director shall certify a patient safety organization that has met the following criteria:  (1) has a mission statement with one of its purposes to conduct activities to improve patient safety;  (2) has qualified staff and professionals capable of reviewing and producing patient safety work product and recommendations for system changes;  (3) is not a component of a health insurer or other entity that provides health insurance to individuals or group health plans; and  (4) has a mission that does not create a conflict of interest with the health care providers who will submit patient safety work product to it.  (b) The director shall establish a quality of care advisory committee that shall advise the department on PSO related issues. The advisory committee shall consist of fourteen (14) members who are appointed by the director and shall include no less than three (3) representatives of the hospital community; three (3) representatives of the nursing facility/long term care community; three (3) members of the freestanding ambulatory surgical center community; and five (5) others from the community as determined by the director. The term of office shall be for three (3) years. No member shall serve more than two (2) consecutive terms. The committee shall advise the department on effective methods for sharing with health care providers the quality improvement information learned from the departments review of reports and corrective action plans, including quality improvement practices, patient safety issues, and preventative strategies.  (c) The director may promulgate rules and regulations in order to carry out the provisions of this chapter.  History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1. 
 23-17.21-6. Requirements for reporting entities. (a) Each reporting entity may enter into a written contract with a certified PSO in accordance with the requirements of this chapter.  (b) Beginning January 1, 2009, a reporting entity may enter into a written contract with a patient safety organization to which it sends patient safety work product. Each contract shall require the reporting entity to maintain a document log itemizing the types of documents submitted to the PSO without indicating the content of such documents. Such document log shall be accessible to the department for the sole purpose of allowing the department to verify the type of information submitted to PSOs. The department shall not have access to patient safety work product. Such document log shall not be subject to a disclosure to, or use by, any person or entity, other than the PSO and the reporting entity with which it has contracted, and by the department for the sole purpose provided in this subsection.  (c) Reporting entities shall not be exempt from the requirements of  23-17-40 or  5-37-9.  (d) Patient safety work product (whether identifiable of nonidentifiable) and any document log submitted to the director under subsection (a) shall not be a public record for the purposes of chapter 38-2. Reporting entities shall not be considered a public body or agency for the purposes of chapter 38-2.  History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1. 
 23-17.21-7. Requirements for patient safety organizations. (a) PSO shall be certified by the department before entering into a contract with a reporting entity.  (b) A PSO shall provide guidance to reporting entities on reporting matters, and shall maintain all reports and associated documents as confidential and privileged, including any reports or information with identifiable information.  (c) A PSO shall, as appropriate, disseminate to health care providers and facilities, the department, the quality of care advisory committee, and the public, information or recommendations, including suggested policies, procedures or protocols, on best medical practices or potential system changes designed to improve patient safety and the overall quality of care. Notwithstanding the foregoing, the PSO shall not disclose identifiable patient safety work product to the department, the quality of care advisory committee, or the public.  (d) A PSO shall have in place appropriate safeguards and security measures to ensure the technical integrity, physical safety, and confidentiality of any patient safety work product. As provided for in  23-17.21-8, patient safety work product shall be confidential, and shall not be subject to any discovery, access or use by any person or entity other than the PSO and the reporting entity with which the PSO has contracted. Nothing in this chapter shall be construed to prohibit a PSO from choosing to disclose patient safety work product, or portions of patient safety work product solely to a reporting entity, in conformity with the PSOs mission and within its contractual obligations to the reporting entity submitted the information. No patient safety organization may release protected health information or patient identifying information without meeting the requirements of state laws and the federal Health Insurance Portability and Accountability Act of 1996 as amended from time to time.  (e) The PSO shall adopt appropriate physical, technical and procedural safeguards to ensure the privacy and security of the patient safety work product. Such safeguards shall comply with the state and federal confidentiality laws including, without limitation, the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 C.F.R. Parts 160-164).  History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1. 
 23-17.21-8. Privilege and confidentiality protections. (a) Privilege. Notwithstanding any other provision of federal, state, or local law to the contrary, and subject to subsection (c) herein, patient safety work product and a document log shall be privileged and shall not be: (1) subject to a federal, state, or local civil, criminal, or administrative subpoena or order, including in a federal, state, or local civil or administrative disciplinary proceeding against a provider; (2) subject to discovery in connection with a federal, state, or local civil, criminal, or administrative proceeding, including in a federal, state, or local civil or administrative disciplinary proceeding against a provider; (3) subject to disclosure pursuant to  552 of title 5, United States Code (commonly known as the Freedom of Information Act), Title 38, chapter 2 of the general laws (commonly known as the Access to Public Records Law), or any other similar federal, state, or local law; (4) admitted as evidence in any federal, state, or local governmental civil proceeding, criminal proceeding, administrative rulemaking proceeding, or administrative adjudicatory proceeding, including any such proceeding against a provider; or (5) admitted in a professional disciplinary proceeding of a professional disciplinary body established or specifically authorized under state law.  (b) Confidentiality of patient safety  work product and document log  notwithstanding any other provision of federal, state or local law to the contrary, and subject to subsection (c) herein, the patient safety work product and document log shall be confidential and shall not be disclosed.  (c) Exceptions.(1) Exceptions from privilege and confidentiality. Subsections (a) and (b) herein shall not apply to, and shall not be construed to prohibit, one or more of the following disclosures:  (A) Disclosure of relevant patient safety work product and document log for use in a criminal proceeding, but only after a court makes an in camera determination that such patient safety work product and document log contains evidence of a criminal act and that such patient safety work product and document log is material to the proceeding and not reasonably available from any other source; or  (B) Disclosure of identifiable patient safety work product and document log if authorized by each provider or reporting entity identified in such work product.  (2) Exceptions from confidentiality  subsection (b) herein shall not apply to, and shall not be construed to prohibit one or more of the following voluntary disclosures:  (A) Disclosure of patient safety work product and document log to a reporting entity to carry out patient safety activities;  (B) Disclosure of patient safety work product and document log to grantees, contractors, or other entities carrying out research, evaluation, or demonstration projects authorized, funded, certified, or otherwise sanctioned by rule or other means by the director, for the purpose of conducting research to the extent that disclosure of protected health information would be allowed for such purpose under the Health Insurance Portability and Accountability Act of 1996, and its implementing regulations (45 C.F.R. Parts 160-164);  (C) Disclosure by a provider to the Food and Drug Administration with respect to a product or activity regulated by the Food and Drug Administration;  (D) Voluntary disclosure of patient safety work product and document log by a provider to an accrediting body that accredits that provider; or  (E) Disclosure of patient safety work product and document log to law enforcement authorities relating to the commission of a crime, or to an event reasonably believed to be a crime, if the person making the disclosure believes, reasonably under the circumstances, that the patient safety work product and document log that is disclosed is necessary for criminal law enforcement purposes.   (d) Continued protection of information after disclosure.(1) In general. Patient safety work product and/or document log that is disclosed under subsection (c) herein shall continue to be privileged and confidential as provided for in subsections (a) and (b) herein, and such disclosure shall not be treated as a waiver of privilege or confidentiality, and the privileged and confidential nature of such work product and/or document log shall also apply to such work product and/or document log in the possession or control of a person to whom such work product and log was disclosed.  (2) Exception. Notwithstanding subsection (1) herein and subject to subsection (3) herein, if patient safety work product and/or document log is admitted into evidence in a criminal proceeding, the confidentiality protections provided for in subsection (b) herein shall no longer apply to the work product and/or log so disclosed; and  (3) Construction. Subsection (2) herein shall not be construed as terminating or limiting the privilege or confidentiality protections provided for in subsections (a) or (b) herein with respect to patient safety work product and document log other than the specific patient safety work product and document log disclosed as provided for in subsection (c) herein.  (4) Limitations on actions.(A) Patient safety organizations.  (i) In general. A patient safety organization shall not be compelled to disclose information collected or developed under this part whether or not such information is patient safety work product and/or a document log unless such information is identified, it is not patient safety work product and/or a document log, and it is not reasonably available from another source.  (ii) Nonapplication. The limitation contained in clause (i) herein shall not apply in an action against a patient safety organization or with respect to disclosures pursuant to subsection (c)(1) herein.  (B) Providers. An accrediting body shall not take an accrediting action against a provider based on the good faith participation of the provider in the collection, development, reporting, or maintenance of patient safety work product and a document log in accordance with this part. An accrediting body may not require a provider or reporting entity to reveal its communications with any patient safety organization established in accordance with this part.    (e) Reporter protection.(1) In general. A provider may not take any adverse employment action, as described in subsection (2) herein, against an individual based upon the fact that the individual, in good faith, reported the information:  (A) To the provider with the intention of having the information reported to a patient safety organization; or  (B) Directly to a patient safety organization.  (2) Adverse employment action. For the purposes of this subsection, an adverse employment action includes:  (A) Loss of employment, the failure to promote an individual, or the failure to provide any other employment related benefit for which the individual would otherwise be eligible; or  (B) An adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual.   (f) Enforcement.(1) Civil monetary penalty. Subject to subsection (3) herein, a person who discloses identifiable patient safety work product and/or document log in a knowing or reckless violation of subsection (b) herein shall be subject to a civil monetary penalty of not more than ten thousand dollars ($10,000) for each act constituting such violation.  (2) Relation to Health Insurance Portability and Accountability Act of 1996. Penalties shall not be imposed both under this subsection and under the regulations issued pursuant to  264(c)(1) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C.  1320d-2 note) for a single act or omission.   History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1. 
 23-17.21-9. Severability. If any provision of this chapter, or the application thereof to any person or circumstances shall be held invalid, any invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 2008, ch. 157,  1; P.L. 2008, ch. 175,  1. 
 23-17.22-1. Short title. This chapter shall be known and may be cited as the Healthy Rhode Island Reform Act of 2008.  History of Section.P.L. 2008, ch. 113,  1; P.L. 2008, ch. 248,  1. 
 23-17.22-2. Establishment of the healthy Rhode Island strategic plan. (a) The director of health in consultation with the health care planning and accountability advisory council established pursuant to chapter 81 of title 23, shall be responsible for the development and implementation of a five (5) year strategic plan that charts the course for a healthy Rhode Island.  (b) The director and the health care planning and accountability advisory council shall engage a broad range of health care providers, health insurance plans, professional organizations, community and nonprofit groups, consumers, businesses, school districts, and state and local government in developing and implementing the healthy Rhode Island five (5) year strategic plan.  (c)(1) The healthy Rhode Island strategic plan shall include:  (i) A description of the course charted to a healthy Rhode Island (the healthy Rhode Island model), which includes patient self-management, emphasis on primary care, community initiatives, and health system and information technology reform, to be used uniformly statewide by private insurers, third party administrators, and public programs;  (ii) A description of prevention programs and how these programs are integrated into communities, with chronic care management, and the healthy Rhode Island model;  (iii) A plan to develop and implement reimbursement systems aligned with the goal of managing the care for individuals with or at risk for conditions in order to improve outcomes and the quality of care;  (iv) The involvement of public and private groups, health care professionals, insurers, third party administrators, associations, and firms to facilitate and assure the sustainability of a new system of care;  (v) The involvement of community and consumer groups to facilitate and assure the sustainability of health services supporting healthy behaviors and good patient self-management for the prevention and management of chronic conditions;  (vi) Alignment of any information technology needs with other health care information technology initiatives;  (vii) The use and development of outcome measures and reporting requirements, aligned with outcome measures established by the director under this section, to assess and evaluate the healthy Rhode Island model system of chronic care management;  (viii) Target timelines for inclusion of specific chronic conditions to be included in the chronic care infrastructure and for statewide implementation of the healthy Rhode Island model;  (ix) Identification of resource needs for implementation and sustaining the healthy Rhode Island model and strategies to meet the identified needs; and  (x) A strategy for ensuring statewide participation no later than January 1, 2010 by all health insurers, third-party administrators, health care professionals, health care facilities as defined in  23-17-2 of the Rhode Island general laws, and consumers in the healthy Rhode Island chronic care management plan, including common outcome measures, best practices and protocols, data reporting requirements, payment methodologies, and other standards.  (2) The strategic plan shall be reviewed biennially and amended as necessary to reflect changes in priorities. Amendments to the plan shall be reported to the general assembly in the report established under subsection (d) of this section.  (d)(1) The director shall report to the general assembly annually on the status of implementation of the Rhode Island blueprint for health. The report shall include the number of participating insurers, health care facilities, health care professionals and patients; the progress for achieving statewide participation in the chronic care management plan, including the measures established under subsection (c) of this section; the expenditures and savings for the period; the results of health care professional and patient satisfaction surveys; the progress toward creation and implementation of privacy and security protocols; and other information as requested by the committees. The surveys shall be developed in collaboration with the health care planning and accountability advisory council.  (2) If statewide participation in the healthy Rhode Island model for health is not achieved by January 1, 2010, the director shall evaluate the healthy Rhode Island model for health and recommend to the general assembly changes necessary to create alternative measures to ensure statewide participation by all health insurers, third-party administrators, health care facilities, and health care professionals.  History of Section.P.L. 2008, ch. 113,  1; P.L. 2008, ch. 248,  1. 
 23-17.22-3. Healthy Rhode Island chronic care management program. (a) The director shall create criteria for the healthy Rhode Island chronic care management program as provided for in this section.  (b) The director shall include a broad range of chronic conditions in the healthy Rhode Island chronic care management program.  (c) The healthy Rhode Island chronic care management program shall be designed to include:  (1) A method involving the health care professional in identifying eligible patients, including the use of a chronic care information system established pursuant to this section, an enrollment process which provides incentives and strategies for maximum patient participation, and a standard statewide health risk assessment for each individual;  (2) The process for coordinating care among health care professionals, including a process for ensuring that each patient has a designated primary care physician;  (3) The methods of increasing communications among health care professionals and patients, including patient education, self-management, and follow-up plans;  (4) The educational, wellness, and clinical management protocols and tools used by the care management organization, including management guideline materials for health care professionals to assist in patient-specific recommendations;  (5) Process and outcome measures to provide performance feedback for health care professionals and information on the quality of care, including patient satisfaction and health status outcomes;  (6) Payment methodologies to align reimbursements and create financial incentives and rewards for health care professionals to establish management systems for chronic conditions, to improve health outcomes, and to improve the quality of care, including case management fees, pay for performance, payment for technical support and data entry associated with patient registries, the cost of staff coordination within a medical practice, and any reduction in a health care professionals productivity;  (7) Payment methodologies to any care management organization implementing a chronic care management program which would put the care management organizations fee at risk if the management is not successful in reducing costs; and  (8) A requirement that the data on enrollees in any chronic care management program implemented pursuant to this section be shared, to the extent allowable under federal law, and in a format that does not provide any patient-identifiable information, with the director in order to inform the health care reform initiatives.  (d) No later than January 1, 2009 the secretary of health and human services shall ensure access to a healthy Rhode Island chronic care management program consistent with the program criteria developed by the director under this section for appropriate persons receiving any type of medical assistance benefits through the department of human services, the department of behavioral healthcare, developmental disabilities and hospitals, the department of children, youth and families, or the department of elderly affairs with such chronic care management program to be available to all such persons by July 1, 2009. Any contract to provide medical assistance benefits may allow the entity to subcontract some chronic care management services to other entities if it is cost-effective, efficient, or in the best interests of the individuals enrolled in the program.  (e) No later than January 1, 2009 the director of administration shall ensure access to a healthy Rhode Island chronic care management program, consistent with program criteria developed by the director under this section, for appropriate state employees and their dependents who receive medical coverage through the health benefit plan for state employees.  (f) No later than January 1, 2010 the director, in collaboration with the health insurance commissioner, shall require statewide participation by all health insurers, third-party administrators, health care professionals, health care facilities and other professionals, in the healthy Rhode Island chronic care management plan, including common outcome measures, best practices and protocols, data reporting requirements, payment methodologies, and other standards.  (g) The director shall ensure that the healthy Rhode Island chronic care management program is modified over time to comply with the healthy Rhode Island strategic plan established under this chapter.  History of Section.P.L. 2008, ch. 113,  1; P.L. 2008, ch. 248,  1. 
 23-17.23-1. Legislative findings. The general assembly finds and declares that: (1) There is a growing shortage of qualified nurses and healthcare professionals available to meet the needs of patients in healthcare facilities in Rhode Island as documented in the report Help wanted: The growing crisis in Rhode Islands nursing workforce prepared by Rhode Island shape foundation;  (2) Healthcare facilities serving the citizens of the state are experiencing increasing difficulty in attracting nurses to administer to their patients;  (3) Quality health care depends, in part, on the availability of nurses and healthcare professionals;  (4) It is in the public interest and essential to the welfare and well-being of the inhabitants of the state that there be a sufficient number of nurses and healthcare workers in the state to serve the healthcare needs of patients; and  (5) It is vital to the welfare of the states citizenry that incentives be provided to attract and retain nurses and healthcare professionals to provide service in healthcare facilities throughout the state.  History of Section.P.L. 2009, ch. 45,  1; P.L. 2009, ch. 81,  1. 
 23-17.23-2. Center for health professions established. There is hereby created a center for health professions under the auspices of the health partnership council of Rhode Island for the purpose of developing a sufficient, diverse, and well trained healthcare workforce to ensure the citizens of Rhode Island continue to have access to high quality healthcare.  History of Section.P.L. 2009, ch. 45,  1; P.L. 2009, ch. 81,  1. 
 23-17.23-3. Responsibilities of the center for health professions. (a) The center for health professions will coordinate, facilitate and communicate statewide efforts to meet supply and demand needs for Rhode Islands healthcare workforce. The initial focus for the center shall include nursing which is experiencing the greatest workforce shortages.  (b) The center shall further focus on:  (1) Data collection to support strategic decisions and policy recommendations to measure and evaluate efforts over time and to certify on an ongoing basis:  (i) Current healthcare professions supply and demand;  (ii) Future supply and demand; and  (iii) Gap analysis.  (2) Education and training to ensure Rhode Islands current education and training systems have the resources to adequately support workforce demand and establish the centralized clinical placement registry to move students through the postsecondary education pipeline in an efficient manner.  (3) Recruitment to increase the level of awareness and diversity of the healthcare workforce.  (4) Research, design and implement creative retention initiatives which will assist the state of Rhode Island retain its healthcare professionals.  (c) The center for health professions shall serve as a repository for healthcare workforce data and provide professional development opportunities and research best practices with the goal of streamlining both public and private resources and eliminating duplication of effort.  (d) The center may accept funding that includes, but is not limited to, monetary contributions, contractual arrangements, in-kind services, federal and state workforce development appropriated funds, private and public foundation grants and fees for service products.  History of Section.P.L. 2009, ch. 45,  1; P.L. 2009, ch. 81,  1. 
 23-17.24-1. Definitions. As used in this chapter: (1) Manager means any person who has responsibility for day-to-day administration or operation of an adult supportive care home. A manager must be a licensed healthcare professional designated by the licensee and approved by the department.  (2) Adult supportive care home means: (i) A publicly or privately operated residence that provides, directly or indirectly, by means of contracts or arrangements, personal assistance to meet the residents changing needs and preferences, lodging, and meals to two (2), but not more than five (5), adults who are unrelated to the licensee or manager, excluding, however, any privately operated establishment or facility licensed pursuant to chapter 17 of this title, and those facilities licensed by or under the jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, the department of children, youth and families, or any other state agency; and (ii) Shall be a duly licensed home nursing care provider or nursing facility licensed pursuant to the provisions of chapter 17 of this title, an assisted living residence provider licensed pursuant to chapter 17.4 of this title or a licensed adult day services provider licensed pursuant to chapter 1 of this title.  (3) Capable of self-preservation means the physical mobility and judgmental ability of the individual to take appropriate action in emergency situations. Residents not capable of self-preservation are limited to facilities that meet more stringent life safety code requirements as provided under  23-17.4-6(b)(3).  (4) Director means the director of the Rhode Island department of health.  (5) Personal assistance means the provision of one or more of the following services, as required by the resident or as reasonably requested by the resident, on a scheduled or unscheduled basis, including: (i) Assisting the resident with personal needs including activities of daily living, defined as bathing, dressing, grooming, eating, toileting, mobility and transfer; (ii) Assisting the resident with self-administration of medication or administration of medications by appropriately licensed staff; (iii) Providing or assisting the resident in arranging for health and supportive services as may be reasonably required; (iv) Monitoring the activities of the resident while on the premises of the residence to ensure his or her health, safety, and well-being; and (v) Reasonable recreational, social and personal services.  (6) Resident means an individual not requiring acute medical or skilled nursing care as provided in a healthcare facility but who, as a result of choice and/or physical or mental limitation, requires personal assistance, lodging and meals and may require the administration of medication. A resident must be capable of self-preservation in emergency situations, unless the facility meets a more stringent life safety code as required under  23-17.4-6(b)(3). Persons needing medical or skilled nursing care, including daily professional observation and evaluation, as provided in a healthcare facility, and/or persons who are bed bound or in need of the assistance of more than one person for ambulation are not appropriate to reside in adult supportive care homes. However, an established resident may receive daily skilled nursing care or therapy from a licensed healthcare provider for a condition that results from a temporary illness or injury for up to forty-five (45) days subject to an extension of additional days as approved by the department, or if the resident is under the care of a licensed hospice agency provided the adult supportive care home assumes responsibility for ensuring that the care is received. For purposes of this statute, resident shall also mean the residents agent as designated in writing or legal guardian.  History of Section.P.L. 2009, ch. 189,  1; P.L. 2009, ch. 290,  1. 
 23-17.24-2. Licensure requirements. (a) No person shall operate an adult supportive care home without first obtaining a license from the Rhode Island department of health.  (b) The director is authorized to promulgate regulations for the departmental licensure of adult supportive care homes including, but not limited to, minimum requirements for managers, staffing, staff training, assessments, service plan development, services to include food service and housekeeping/laundry, physical and environment standards for the home, resident rights, resident records, resident capacity for self-preservation, residency agreement/contracts and quality assurance.  (c) The department may adopt regulations for special care requirements beyond the personal assistance required in  23-17.23-1(5) for adult supportive care homes serving persons with dementia and/or behavioral health diagnoses.  (d) Criminal background checks of persons seeking employment at adult supportive care homes shall be conducted in accordance with the standards and procedures contained in  23-17.4-27, 23-17.4-28 and 23-17.4-30.  (e) An adult supportive care home shall provide a qualified on-duty staff person over the age of eighteen (18) on the premises at all times that any supportive care residents are on the premises of the home.  History of Section.P.L. 2009, ch. 189,  1; P.L. 2009, ch. 290,  1. 
 23-17.24-3. Inspections  Corrections of violations  Immediate suspension of license  Penalties. (a) An adult supportive care home license shall remain valid unless voluntarily surrendered, suspended, or revoked in accordance with this chapter.  (b) Adult supportive care homes applying for a license shall be inspected at the time of licensure and at least every eighteen (18) months thereafter. The department may make an unannounced inspection of an adult supportive care home at any time to assure that the home and licensee are in compliance with this chapter and the rules adopted under this chapter.  (c) If the department finds that the home is not in compliance with this chapter or rules adopted under the authority of this chapter it shall require the home to correct any violations. The department has the authority to:  (1) Order the home to admit no additional persons or to transfer residents to alternate settings, as corrective actions to secure regulatory compliance.  (2) Immediately suspend a license if it finds that conditions in the home constitute an imminent danger to residents.  (d) Every person or corporation who shall willfully and continually violate the provisions of this chapter will be subject to a fine or not less than three hundred dollars ($300) nor more than three thousand dollars ($3,000) for each violation of this section.  History of Section.P.L. 2009, ch. 189,  1; P.L. 2009, ch. 290,  1. 
 23-17.25-1. Legislative findings. (1) Certain community hospitals act as the sole source of immediate access to hospital care for residents of the areas they serve and are essential to the maintenance of public health and safety;  (2) The diversity of services provided by these essential community hospitals are necessary for the overall health and safety of the community, but result in financial distress for the hospitals that must serve large uninsured or governmentally insured populations;  (3) The distressed essential community hospitals generally report a loss from operations and are in such a position that their liabilities exceed their assets;  (4) Because of the important medical services provided by such hospitals, restoring and ensuring the continued financial viability of these distressed essential community hospitals is necessary for the public health and safety;  (5) Landmark Medical Center, located in Woonsocket, Rhode Island, is a distressed essential community hospital, currently under the supervision of the Rhode Island superior court pursuant to a special mastership;  (6) In fiscal year 2009, Landmark Medical Center provided care for nearly forty thousand (40,000) emergency room patients, seven thousand (7,000) inpatient cases and seventy-five thousand (75,000) outpatient visits, proving that the financial viability of Landmark Medical Center is vital to the public health and safety of the community it serves;  (7) Ensuring the financial viability of Landmark Medical Center will preserve one thousand three hundred (1,300) jobs and benefit the state of Rhode Island;  (8) Landmark Medical Center, or its successor-in-interest, if any, must be permitted a sufficient amount of time to use any funds allocated to it for the purposes of financial assistance to restore its financial viability and ensure its stability in the future; and  (9) To preserve the viability of an essential community hospital, it may be necessary for purposes of certain Medicare classifications to designate such a hospital as a rural hospital.  History of Section.P.L. 2010, ch. 154,  1; P.L. 2010, ch. 155,  1. 
 23-17.25-2. Distressed essential community hospital sales and use tax exemption. (a) Notwithstanding any provision of title 44 of the Rhode Island general laws to the contrary, in recognition of Landmark Medical Centers status as a distressed essential community hospital neither Landmark Medical Center or any entity owned or controlled by Landmark Medical Center (hereinafter defined collectively as LMC), nor any success-in-interest to LMC (regardless of whether any such successor operates for profit or is subject to federal or state taxation), shall be required to pay or otherwise be financially responsible for any Rhode Island sales and use taxes that might otherwise be due in connection with any purchases, capital improvements, or any other activities conducted by LMC (or its successors-in-interest) pursuant to the health facility licenses maintained by LMC (or its successors-in-interest).  (b) Notwithstanding subsection (a) herein, this distressed essential community hospital sales and use tax exemption shall not apply to Northern Rhode Island Rehab Management Associates, L.P. d/b/a Rehab Hospital of Rhode Island (RHRI) nor any successor-in-interest to Northern Rhode Island Rehab Management Associates, L.P. d/b/a Rehab Hospital of Rhode Island (RHRI).  (c) This sales and use tax exemption shall be effective as of the effective date of LMCs conversion to a for-profit entity, in accordance with the provisions of chapter 17.14 of this title (Hospital Conversions Act) and shall continue for a period of twelve (12) years.  History of Section.P.L. 2010, ch. 154,  1; P.L. 2010, ch. 155,  1. 
 23-17.25-3. Rural hospital designation. The State of Rhode Island designates Landmark Medical Center as a rural hospital for purposes of satisfying special payment designations under the Medicare program, if Landmark Medical Center or its successor-in-interest, if any, should choose to seek such special designations.  History of Section.P.L. 2010, ch. 154,  1; P.L. 2010, ch. 155,  1. 
 23-17.26-1. Findings. The general assembly hereby finds and declares that: (1) According to data provided by the department of health; in 2009, over 1 in five (5) adults discharged from acute care hospitals in Rhode Island were readmitted within thirty (30) days;  (2) During that same period, the readmission rate for adults over the age of sixty-five (65) rose to almost thirty percent (30%);  (3) The issue of hospital readmissions has emerged nationally as a critical focal point for improving quality, ensuring patient safety, and controlling excessive costs;  (4) Locally, high hospital readmission rates are often due to: missing or incorrect information regarding patients; ill-timed information transfer; medication errors or poor compliance; lack of outpatient follow-up; or lack of follow-up by patients when their symptoms worsen;  (5) Evidence-based interventions can improve communications systems and patient activation, thus addressing the root causes of hospital readmissions and reducing rates;  (6) Encouraging best practices in patient discharge and transitions out of hospitals offers significant potential for improving patient care and containing healthcare costs in Rhode Island; and,  (7) The State of Rhode Island, with the cooperation of the states hospitals, has already made significant gains in fostering care coordination and improving quality of care.  History of Section.P.L. 2011, ch. 114,  1; P.L. 2011, ch. 119,  1. 
 23-17.26-2. Definitions. As used in this chapter: (1) Director means the director of department of health.  (2) Department means the department of health.  (3) Emergency room diversion facility means a healthcare facility approved by the Rhode Island department of behavioral healthcare, developmental disabilities and hospitals to act as an immediate alternative to a hospital or emergency room, and which concentrates on treating non-urgent substance use disorders that can be appropriately treated in alternative settings.  (4) Healthcare clinic means a healthcare facility licensed in accordance with chapter 17 of this title and that primarily delivers ambulatory care on an out-patient basis.  (5) Hospital means a person or governmental entity licensed in accordance with chapter 17 of this title to establish, maintain, and operate a hospital.  (6) Urgent care center means a healthcare facility licensed in accordance with chapter 17 of this title that primarily provides emergent healthcare services and urgent healthcare services as defined in  23-17.12-2.  History of Section.P.L. 2011, ch. 114,  1; P.L. 2011, ch. 119,  1; P.L. 2014, ch. 108,  3; P.L. 2014, ch. 130,  3. 
 23-17.26-3. Comprehensive discharge planning. (a) On or before January 1, 2017, each hospital and freestanding emergency-care facility operating in the state of Rhode Island shall submit to the director a comprehensive discharge plan that includes:  (1) Evidence of participation in a high-quality, comprehensive discharge-planning and transitions-improvement project operated by a nonprofit organization in this state; or  (2) A plan for the provision of comprehensive discharge planning and information to be shared with patients transitioning from the hospitals or freestanding emergency-care facilitys care. Such plan shall contain the adoption of evidence-based practices including, but not limited to:  (i) Providing education in the hospital or freestanding emergency-care facility prior to discharge;  (ii) Ensuring patient involvement such that, at discharge, patients and caregivers understand the patients conditions and medications and have a point of contact for follow-up questions;  (iii) Encouraging notification of the person(s) listed as the patients emergency contacts and certified peer recovery specialist to the extent permitted by lawful patient consent or applicable law, including, but not limited to, the Federal Health Insurance Portability and Accountability Act of 1996, as amended, and 42 C.F.R. Part 2, as amended. The policy shall also require all attempts at notification to be noted in the patients medical record;  (iv) Attempting to identify patients primary care providers and assisting with scheduling post-discharge follow-up appointments prior to patient discharge;  (v) Expanding the transmission of the department of healths continuity-of-care form, or successor program, to include primary care providers receipt of information at patient discharge when the primary care provider is identified by the patient; and  (vi) Coordinating and improving communication with outpatient providers.  (3) The discharge plan and transition process shall include recovery planning tools for patients with substance use disorders, opioid overdoses, and chronic addiction, which plan and transition process shall include the elements contained in subsection (a)(1) or (a)(2), as applicable. In addition, such discharge plan and transition process shall also include:  (i) That, with patient consent, each patient presenting to a hospital or freestanding emergency-care facility with indication of a substance use disorder, opioid overdose, or chronic addiction shall receive a substance use evaluation, in accordance with the standards in subsection (a)(4)(ii), before discharge. Prior to the dissemination of the standards in subsection (a)(4)(ii), with patient consent, each patient presenting to a hospital or freestanding emergency-care facility with indication of a substance use disorder, opioid overdose, or chronic addiction shall receive a substance use evaluation, in accordance with best practices standards, before discharge;  (ii) That if, after the completion of a substance use evaluation, in accordance with the standards in subsection (a)(4)(ii), the clinically appropriate inpatient and outpatient services for the treatment of substance use disorders, opioid overdose, or chronic addiction contained in subsection (a)(3)(iv) are not immediately available, the hospital or freestanding emergency-care facility shall provide medically necessary and appropriate services with patient consent, until the appropriate transfer of care is completed;  (iii) That, with patient consent, pursuant to 21 C.F.R.  1306.07, a physician in a hospital or freestanding emergency-care facility, who is not specifically registered to conduct a narcotic treatment program, may administer narcotic drugs, including buprenorphine, to a person for the purpose of relieving acute, opioid-withdrawal symptoms, when necessary, while arrangements are being made for referral for treatment. Not more than one days medication may be administered to the person or for the persons use at one time. Such emergency treatment may be carried out for not more than three (3) days and may not be renewed or extended;  (iv) That each patient presenting to a hospital or freestanding emergency-care facility with indication of a substance use disorder, opioid overdose, or chronic addiction, shall receive information, made available to the hospital or freestanding emergency-care facility in accordance with subsection (a)(4)(v), about the availability of clinically appropriate inpatient and outpatient services for the treatment of substance use disorders, opioid overdose, or chronic addiction, including:  (A) Detoxification;  (B) Stabilization;  (C) Medication-assisted treatment or medication-assisted maintenance services, including methadone, buprenorphine, naltrexone, or other clinically appropriate medications;  (D) Inpatient and residential treatment;  (E) Licensed clinicians with expertise in the treatment of substance use disorders, opioid overdoses, and chronic addiction;  (F) Certified peer recovery specialists; and  (v) That, when the real-time patient-services database outlined in subsection (a)(4)(vi) becomes available, each patient shall receive real-time information from the hospital or freestanding emergency-care facility about the availability of clinically appropriate inpatient and outpatient services.  (4) On or before January 1, 2017, the director of the department of health, with the director of the department of behavioral healthcare, developmental disabilities and hospitals, shall:  (i) Develop and disseminate, to all hospitals and freestanding emergency-care facilities, a regulatory standard for the early introduction of a certified peer recovery specialist during the pre-admission and/or admission process for patients with substance use disorders, opioid overdose, or chronic addiction;  (ii) Develop and disseminate, to all hospitals and freestanding emergency-care facilities, substance use evaluation standards for patients with substance use disorders, opioid overdose, or chronic addiction;  (iii) Develop and disseminate, to all hospitals and freestanding emergency-care facilities, pre-admission, admission, and discharge regulatory standards, a recovery plan, and voluntary transition process for patients with substance use disorders, opioid overdose, or chronic addiction. Recommendations from the 2015 Rhode Island governors overdose prevention and intervention task force strategic plan may be incorporated into the standards as a guide, but may be amended and modified to meet the specific needs of each hospital and freestanding emergency-care facility;  (iv) Develop and disseminate best practices standards for healthcare clinics, urgent-care centers, and emergency-diversion facilities regarding protocols for patient screening, transfer, and referral to clinically appropriate inpatient and outpatient services contained in subsection (a)(3)(iv);  (v) Develop regulations for patients presenting to hospitals and freestanding emergency-care facilities with indication of a substance use disorder, opioid overdose, or chronic addiction to ensure prompt, voluntary access to clinically appropriate inpatient and outpatient services contained in subsection (a)(3)(iv);  (vi) Develop a strategy to assess, create, implement, and maintain a database of real-time availability of clinically appropriate inpatient and outpatient services contained in subsection (a)(3)(iv) of this section on or before January 1, 2018.  (b) Nothing contained in this chapter shall be construed to limit the permitted disclosure of confidential healthcare information and communications permitted in  5-37.3-4(b)(4)(i) of the confidentiality of health care communications act.  (c) On or before September 1, 2017, each hospital and freestanding emergency-care facility operating in the state of Rhode Island shall submit to the director a discharge plan and transition process that shall include provisions for patients with a primary diagnosis of a mental health disorder without a co-occurring substance use disorder.  (d) On or before January 1, 2018, the director of the department of health, with the director of the department of behavioral healthcare, developmental disabilities and hospitals, shall develop and disseminate mental health best practices standards for healthcare clinics, urgent care centers, and emergency diversion facilities regarding protocols for patient screening, transfer, and referral to clinically appropriate inpatient and outpatient services. The best practice standards shall include information and strategies to facilitate clinically appropriate prompt transfers and referrals from hospitals and freestanding emergency-care facilities to less intensive settings.  History of Section.P.L. 2011, ch. 114,  1; P.L. 2011, ch. 119,  1; P.L. 2014, ch. 108,  3; P.L. 2014, ch. 130,  3; P.L. 2016, ch. 172,  1; P.L. 2016, ch. 189,  1; P.L. 2017, ch. 206,  1; P.L. 2017, ch. 330,  1; P.L. 2019, ch. 38,  1; P.L. 2019, ch. 55,  1; P.L. 2020, ch. 79, art. 2,  13. 
 23-17.26-4. Severability. If any provision of this chapter, or the application thereof to any person or circumstances shall be held invalid, any invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 2011, ch. 114,  1; P.L. 2011, ch. 119,  1. 
 23-17.27-1. Definitions. As used in this chapter: (1) After-care means any assistance provided by a caregiver to a patient under this chapter after the patients discharge from a hospital that is related to the patients condition at the time of discharge. Such assistance may include, but is not limited to, assisting with basic activities of daily living (ADLs), instrumental activities of daily living (IADLs), or other tasks as determined to be appropriate by the discharging physician or other healthcare professional.  (2) Caregiver means any individual duly designated as a caregiver by a patient under this chapter who provides after-care assistance to a patient living in his or her residence. A designated caregiver may include, but is not limited to, a relative, partner, friend, or neighbor who has a significant relationship with the patient.  (3) Discharge means a patients exit or release from a hospital to the patients residence following an inpatient admission.  (4) Entry means a patients admission into a hospital for the purposes of medical care.  (5) Hospital means a facility licensed under Rhode Island statute.  (6) Patient means a patient eighteen (18) years of age or older.  (7) Residence means a dwelling that the patient considers to be his or her home. A residence for the purposes of this chapter shall not include any rehabilitation facility, hospital, nursing home, assisted-living facility, or group home licensed by Rhode Island.  History of Section.P.L. 2015, ch. 95,  1; P.L. 2015, ch. 115,  1. 
 23-17.27-2. Caregiver designation. (a) Any hospital licensed pursuant to this title shall provide each patient or, if applicable, the patients legal guardian with an opportunity to designate at least one caregiver under this chapter following the patients entry into a hospital.  (1) In the event that the patient is unconscious or otherwise incapacitated upon his or her entry into a hospital, the hospital shall provide such patient, or his/her legal guardian, with an opportunity to designate a caregiver within a given timeframe, at the discretion of the attending physician or other healthcare professional, following the patients recovery of consciousness of capacity. The hospital shall inform the patient that the purpose of providing a caregivers identity is to include that caregiver and discharge planning and sharing of post-discharge care information or instruction.  (2) In the event that the patient, or the patients legal guardian, declines to designate a caregiver under this chapter, the hospital shall promptly document this in the patients medical record.  (3) In the event that the patient or the patients legal guardian designates an individual as a caregiver under this chapter:  (i) The hospital shall record the patients designation of the caregiver, the relationship of the designated caregiver to the patient, and the name, telephone number, and the address of the patients designated caregiver in the patients medical record.  (ii) The hospital shall promptly request the written consent of the patient, or the patients legal guardian, to release medical information to the patients designated caregiver following the hospitals established procedures for releasing personal health information and in compliance with all federal and state laws.  (A) If the patient or the patients legal guardian declines to consent to release medical information to the patients designated caregiver, the hospital is not required to provide notice to the caregiver under  23-17.27-4 or provide information contained in the patients discharge plan under  23-17.27-5.  (4) A patient, or the patients legal guardian, may elect to change the patients designated caregiver at any time, and the hospital must record this change in the patients medical record before the patients discharge.  (b) A designation of a caregiver by a patient or patients legal guardian under this section does not obligate any individual to perform any after-care tasks for any patient.  (c) This section shall not be construed to require a patient, or a patients legal guardian, to designate any individual as a caregiver as defined by this chapter.  (d) In the event that the patient is a minor child, and the parents of the patient are divorced, the custodial parent shall have the authority to designate a caregiver. If the parents have joint custody of the patient, they shall jointly designate the caregiver.  History of Section.P.L. 2015, ch. 95,  1; P.L. 2015, ch. 115,  1. 
 23-17.27-3. Notice to designated caregiver. (a) Any hospital licensed pursuant to this title shall notify the patients designated caregiver of the patients discharge or transfer to another facility licensed by the state as soon as possible, in any event, upon issuance of a discharge order by the patients attending physician or other healthcare professional. In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. The hospital shall promptly document the attempt in the patients medical record.  History of Section.P.L. 2015, ch. 95,  1; P.L. 2015, ch. 115,  1. 
 23-17.27-4. Instruction to designated caregiver. (a) As soon as possible and prior to a patients discharge from a hospital, the hospital shall consult with the designated caregiver along with the patient regarding the caregivers capabilities and limitations and issue a discharge plan that describes a patients after-care needs at his or her residence.  The consultation session will include an assessment of the caregivers capability to provide after care and any limitations the caregiver foresees in providing after care. Each hospital will have the discretion to determine which hospital staff are best qualified to conduct the caregiver assessment. If, upon assessment, the hospital determines a caregiver may have difficulty supplying the needed care safely, the discharge plan may be adjusted accordingly and alternate care arrangements may be made in consultation with the caregiver.  (b) The consultation and issuance of a discharge plan shall occur on a schedule that takes into consideration the severity of the patients condition; the setting in which care is to be delivered; and the urgency of the need for caregiver services. In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient. The hospital shall promptly document the attempt in the patients medical record.  (1) At minimum, a discharge plan shall include:  (i) The name and contact information of the caregiver designated under this chapter;  (ii) A description of all after-care tasks recommended by the patients physician, or other healthcare professional, taking into account the capabilities and limitations of the caregiver;  (iii) Contact information for any health care, community resources, and long-term services and support necessary to successfully carry out the patients discharge plan.  (c) The hospital issuing the discharge plan must offer to provide caregivers with instruction in all after-care tasks described in the discharge plan. Any training or instructions provided to a caregiver shall be provided, to the extent possible, in non-technical language and in the caregivers native language.  (1) At minimum, such instruction shall include:  (i) A live or recorded demonstration of the tasks performed by the hospital employee or individual with whom the hospital has a contractual relationship authorized to perform the after-care task;  (ii) An opportunity for the caregiver and patient to ask questions about the after-care tasks; and  (iii) Answers to the caregivers and the patients questions provided in a culturally competent manner and in accordance with the hospitals requirements to provide language access services under state and federal law.  (2) Any instruction required under this chapter shall be documented in the patients medical record, including, at minimum, the date, time, and contents of the instruction.  (d) The Rhode Island department of health is authorized to promulgate regulations to implement the provisions of this chapter including, but not limited to, regulations to further define the content and scope of any instruction provided to caregivers under this chapter.  (e) Nothing in this chapter shall delay the discharge of a patient, or the transfer of a patient from a hospital to another facility.  History of Section.P.L. 2015, ch. 95,  1; P.L. 2015, ch. 115,  1. 
 23-17.27-5. Non-interference with powers of existing healthcare directives. (a) Nothing in this chapter shall be construed to interfere with the rights of an agent operating under a valid healthcare directive pursuant to chapter 4.10 of title 23 (health care power of attorney), or  23-4.11-3.1 (medical orders for life sustaining treatment).  (b) A patient may designate a caregiver in an advance directive.  History of Section.P.L. 2015, ch. 95,  1; P.L. 2015, ch. 115,  1. 
 23-17.27-6. Caregiver reimbursement. (a) A caregiver shall not be reimbursed by any government or commercial payer for after-care assistance that is provided pursuant to this chapter, with the sole exception that this chapter shall not supersede the applicability of wage replacement benefits paid to workers under Rhode Islands temporary disability insurance program, pursuant to  28-41-35.  (b) Nothing in this chapter shall be construed to impact, impede, or otherwise disrupt or reduce the reimbursement obligations of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or any other entity issuing health benefits plans.  History of Section.P.L. 2015, ch. 95,  1; P.L. 2015, ch. 115,  1. 
 23-17.27-7. Limitations of actions. (a) Nothing in this chapter shall be construed to create a private right of action against a hospital or any of its directors, trustees, officers, employees, or agents, or any contractors with whom the hospital has a contractual relationship.  (b) A hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual relationship, shall not be held liable, in any way, for the services rendered or not rendered by the caregiver to the patient at the patients residence.  History of Section.P.L. 2015, ch. 95,  1; P.L. 2015, ch. 115,  1. 
 23-17.27-8. Severability. If any provision of this chapter or the application of any provision to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 2015, ch. 95,  1; P.L. 2015, ch. 115,  1. 
 23-17.28-1. Short title.  This chapter shall be known and may be cited as the Hospital Workplace Violence Protection Act.  History of Section.P.L. 2021, ch. 330,  1, effective January 15, 2022; P.L. 2021, ch. 331,  1, effective January 15, 2022. 
 23-17.28-2. Definitions.  When used in this chapter:  (1) Director means the director of the Rhode Island department of health.  (2) Hospital 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.  (3) Workplace violence means any act of violence or threat of violence that occurs at a hospital, except for a lawful act of self-defense or defense of another. The term includes, without limitation, the use or threatened use of physical force against an employee or other provider of care, regardless of whether the employee or other provider of care is physically or psychologically injured.  History of Section.P.L. 2021, ch. 330,  1, effective January 15, 2022; P.L. 2021, ch. 331,  1, effective January 15, 2022. 
 23-17.28-3. Notification of incident.  (a) Any hospital employee may notify their employer of any violation of law, regulation, or standard pertaining to safety and health in the place of employment, at any time an employee learns of a violation.  (b) Any employee or representative of the employee may complain to the director, or any authorized representative of the director, regarding any violation of law, regulation, or standard pertaining to safety and health in their place of employment, regardless of whether or not the employee has also notified or notifies their employer.  (c) Upon receipt of an employee complaint, the director shall notify the hospital, adhering to confidentiality requests pursuant to subsection (d), and make inquiries, inspections, and investigations that the director considers reasonable and appropriate. When an employee or representative of the employee has complained in writing of an alleged violation and the director, after investigation, determines that no action will or should be taken against the employer, the director shall furnish to the employee or representative of the employee, upon written request, a statement of the reasons for the decision.  (d) The director shall establish procedures for keeping confidential the identity of any employee who requests protection of their identity in writing. When a request for confidentiality has been made, neither a written complaint from an employee, or representative of the employee, nor any memorandum, report, or any other writing containing the identity of a complainant may be disclosed.  History of Section.P.L. 2021, ch. 330,  1, effective January 15, 2022; P.L. 2021, ch. 331,  1, effective January 15, 2022. 
 23-17.28-4. Retaliation prohibited.  It is an unlawful employment practice for any person to bar or discharge from employment or otherwise discriminate against any employee or prospective employee because the employee or prospective employee has:  (1) Made any complaint or instituted, or caused to be instituted, any proceeding under or related to this chapter, or has testified, or is about to testify, in any such proceeding; or  (2) In good faith reported an assault that occurred on the premises of a hospital.  History of Section.P.L. 2021, ch. 330,  1, effective January 15, 2022; P.L. 2021, ch. 331,  1, effective January 15, 2022. 
 23-17.28-5. Safety assessments  Preventive programs.  (a) All hospitals licensed in the state of Rhode Island shall:  (1) Create a workplace safety committee that shall conduct periodic security and safety assessments to identify existing or potential hazards for assaults committed against employees;  (2) Develop and implement an assault prevention and protection program for employees based on assessments conducted under subsection (a)(1); and  (3) Provide assault prevention and protection training on a regular and ongoing basis for employees.  (b) An assessment conducted under subsection (a)(1) shall include, but need not be limited to:  (1) Keeping track of the frequency of assaults committed against employees that occur on the premises of the hospital; and  (2) Identifying the causes and consequences of assaults against employees.  (c) An assault prevention and protection program developed and implemented by a hospital under subsection (a)(2) shall be based on an assessment conducted under subsection (a)(1) and shall address security considerations related to the following:  (1) Physical attributes of the hospital setting;  (2) Staffing plans, including security staffing;  (3) Personnel policies;  (4) First aid and emergency procedures;  (5) Procedures for reporting assaults; and  (6) Education and training for employees.  (d) Assault prevention and protection training required under subsection (a)(3) shall address the following topics:  (1) General safety and personal safety procedures;  (2) Escalation cycles for assaultive behaviors;  (3) Factors that predict assaultive behaviors;  (4) Techniques for obtaining medical history from a patient with assaultive behavior;  (5) Verbal and physical techniques to de-escalate and minimize assaultive behaviors;  (6) Strategies for avoiding physical harm and minimizing use of restraints;  (7) Restraint techniques consistent with regulatory requirements;  (8) Self-defense, including:  (i) The amount of physical force that is reasonably necessary to protect the employee or a third person from assault; and  (ii) The use of the least restrictive procedures necessary under the circumstances, in accordance with an approved behavior management plan, and any other methods of response approved by the hospital;  (9) Procedures for documenting and reporting incidents involving assaultive behaviors;  (10) Programs for post-incident counseling for employees affected by the assaultive behavior and follow-ups as needed;  (11) Resources available to employees for coping with assaults; and  (12) The hospitals workplace assault prevention and protection program.  (e) Hospitals shall provide assault prevention and protection training to a new employee within ninety (90) days of the employees initial hiring date.  (f) A hospital employer may use classes, video recordings, brochures, verbal or written training, or any other training that the employer determines to be appropriate, based on an employees job duties, under the assault prevention and protection program developed by the employer.  (g) At least once every two (2) years, a hospital shall establish, in coordination with the hospitals workplace safety committee, a process by which the committee shall review the hospitals assault prevention and protection program developed and implemented under subsection (a)(2) in order to evaluate the efficacy of the program and consider any changes to the program.  History of Section.P.L. 2021, ch. 330,  1, effective January 15, 2022; P.L. 2021, ch. 331,  1, effective January 15, 2022. 
 23-17.28-6. Retention of records.  (a) A hospital shall maintain a record of assaults committed against employees that occur on the premises of the hospital. The record shall include, but need not be limited to, the following:  (1) The name of the hospital and address of the premises on which each assault occurred;  (2) The date, time, and specific location where the assault occurred;  (3) The name, job title, and department or unit assignment of the employee who was assaulted;  (4) A physical description and identity, if known, of the person who committed the assault, and whether the assailant was a patient, visitor, employee, or other category;  (5) A description of the assaultive behavior as:  (i) An assault with mild soreness, surface abrasions, scratches, or small bruises;  (ii) An assault with major soreness, cuts, or large bruises;  (iii) An assault with severe lacerations, a bone fracture, or a head injury; or  (iv) An assault with loss of limb or death;  (6) A description of the physical injury;  (7) A description of any weapon used;  (8) The number of employees and witnesses in the immediate area of the assault when it occurred; and  (9) A description of actions taken by the employees and the hospital in response to the assault.  (b) A hospital shall maintain the records generated as a result of compliance with subsection (a) for no fewer than five (5) years following any reported incident.  (c) Upon the request of an employee directly involved in a reported incident, the hospital shall generate and make available to the requesting employee a full report including the information in the record required under subsection (a).  (d) Upon the request of an employee representative or of a workplace safety committee conducting a review, the hospital shall generate and make available to the requesting party a full report including:  (1) The information in the record required under subsection (a) excluding the name of the reporting employee; and  (2) Information regarding work-related injuries and illnesses recorded by the hospital to comply with applicable federal health and safety recordkeeping requirements.  (e) The director shall adopt by rule a common recording form for the purposes of this section.  History of Section.P.L. 2021, ch. 330,  1, effective January 15, 2022; P.L. 2021, ch. 331,  1, effective January 15, 2022. 
 23-17.3-1. Establishment  Purposes  Reports to Council. (a) There is established the long-term care coordinating council. The purpose of the council shall be to develop and coordinate state policy concerning all forms of long-term health care for the elderly and adults with chronic disabilities and illnesses, ranging from at-home and community based care and respite care through intensive nursing care to long-term hospital care. The council shall examine and make recommendations concerning any and all issues relating to long-term health care for the elderly and adults with chronic disabilities and illnesses, including, but not limited to:  (1) Standards and quality performance;  (2) Personnel issues including training standards, recruitment, and staffing needs;  (3) Enforcement of regulations;  (4) Patient and client rights;  (5) Eligibility and access issues; and  (6) The adequacy of funding and delivery of long-term care services.  (b) The council is empowered to appoint subcommittees to study specialized areas of concern and to report their findings to the council.  (c) The council is empowered to seek the advice and assistance of the American Association of Retired Persons, Rhode Island chapter, members of state and local senior citizens councils and advocacy/interest groups, and long term care organizations and associations.  (d) The council is empowered to apply for and receive grants, appropriations, or gifts from any federal, state, or local agency, from any public or private foundation, or from any individual in order to carry out the purposes of this chapter.  (e) All departments, boards, and agencies of the state shall cooperate with the council and furnish any advice and information, documentary and otherwise, that may be necessary or desirable to facilitate the purposes of this chapter.  (f) The department of health shall provide a written report to the long-term care coordinating council by March 30 of each year regarding its regulatory activities for the preceding calendar year in the area of long-term care. The annual regulatory report shall include information on long-term care survey activities, including complaints of abuse and/or neglect, as requested by the chairperson of the council. In addition, the department of health shall also notify the chairperson of the council whenever a licensed long term care facility or provider is cited for providing substandard care.  History of Section.P.L. 1987, ch. 117,  2; P.L. 1998, ch. 233,  1; P.L. 1999, ch. 26,  1; P.L. 1999, ch. 198,  1. 
 23-17.3-2. Membership. The council shall be comprised of thirty-three (33) members, as follows: the lieutenant governor or designee; the director of the department of health or designee; the secretary of the executive office of health and human services or designee; the director of the department of behavioral healthcare, developmental disabilities and hospitals or designee; the attorney general or designee; the director of the office of healthy aging or designee; the chair of the Rhode Island advisory commission on aging or designee; the director of the Rhode Island Chapter of the American Association of Retired Persons (AARP) or designee; the state long-term care ombudsman or designee; the president of the Rhode Island Senior Center Directors Association or designee; the executive director of the Rhode Island chapter of the Alzheimers Association or designee; a representative of a not-for-profit long-term-care provider organization other than a nursing home owner and a representative of a long-term-care service provider that primarily serves persons with developmental disabilities, both to be appointed by the governor; a representative of an assisted living residence other than a nursing home, to be appointed by the lieutenant governor; a public member with no direct interest in long-term-care ownership representing a senior advocacy organization, to be appointed by the speaker; a representative of the state program of all inclusive care for the elderly, to be appointed by the lieutenant governor; a representative of senior housing, to be appointed by the lieutenant governor; a representative of a hospice provider organization, to be appointed by the senate president; a licensed home-care provider or a licensed home nursing care provider, to be appointed by the speaker; a representative of a community mental health center, to be appointed by the president of the senate; a registered nurse experienced in the care of the elderly, to be appointed by the governor; a representative of nonmanagerial nursing home employees, to be appointed by the president of the senate; two (2) members of the house, not more than one (1) from the same political party, to be appointed by the speaker; a nursing home owner, to be appointed by the speaker; two (2) members of the senate, not more than one from the same political party, to be appointed by the president of the senate; one consumer of home- and community-based care or a caregiver of a consumer of home- and community-based care, to be appointed by the lieutenant governor; one consumer of behavioral health services or a caregiver of a consumer of behavioral health services, to be appointed by the speaker; a member of the public representing the interests of parents of children with special care needs, to be appointed by the governor; a person with developmental disabilities or a representative of an organization that advocates for the rights of persons with developmental disabilities, to be appointed by the lieutenant governor; a general physician or advanced practice nurse with experience in serving persons with long-term care and behavioral health needs, to be appointed by the president of the senate; and a representative of a managed care health insurer providing long-term support and services, to be appointed by the governor. The members of the council shall serve two-year (2) terms, expiring on the second anniversary of each individuals appointment or on the date that their respective successors are appointed and qualified, whichever is later.  History of Section.P.L. 1987, ch. 117,  2; P.L. 1988, ch. 170,  1; P.L. 1991, ch. 126,  1; P.L. 1994, ch. 131,  1; P.L. 1998, ch. 233,  1; P.L. 2000, ch. 173,  1; P.L. 2000, ch. 283,  1; P.L. 2009, ch. 46,  1; P.L. 2009, ch. 75,  1; P.L. 2017, ch. 67,  1; P.L. 2017, ch. 73,  1. 
 23-17.3-3. Organization  Officers. The members of the council shall elect from among themselves a chairperson, a vice chairperson, and a secretary. The officers shall serve one-year terms and shall be eligible to succeed themselves.  History of Section.P.L. 1987, ch. 117,  2. 
 23-17.3-4. Public meetings. The council shall meet at least four (4) times annually. All meetings of the council shall be open to the public, and the public shall be duly notified of the date, time, and location of each meeting.  History of Section.P.L. 1987, ch. 117,  2. 
 23-17.3-5. Reports and recommendations. The council shall submit an annual report to the governor and the general assembly on or before January 15th of each year, setting forth the councils recommendations for the betterment of long-term health care for the elderly. In addition, the council shall make recommendations to the appropriate state agencies whenever it considers the recommendations to be necessary.  History of Section.P.L. 1987, ch. 117,  2. 
 23-17.4-1. Short title. This chapter may be cited as the Assisted Living Residence Licensing Act. History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2. 
 23-17.4-10.1. Quality assurance. Each assisted living residence shall develop, implement and maintain a documented, ongoing quality assurance program.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-10.2. Penalty for violation of  23-17.4-10. Every person or corporation who shall willfully and continually violate the provisions of this chapter will be subject to a fine of not less than three hundred dollars ($300) nor more than two thousand dollars ($2,000) for each violation of this section.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-10. Regulations, inspections, and investigations. (a) The licensing agency shall after public hearing pursuant to reasonable notice, adopt, amend, promulgate, and enforce any rules, regulations, and standards with respect to assisted-living residences for adults licensed under this chapter as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate living environments for individuals in assisted-living residences in the interest of public safety and welfare. These regulations may provide for the establishment of levels of service provided by the residence.  (b) The licensing agency shall make or cause to be made any inspections and investigations that it deems necessary by duly authorized agents of the director at any time and frequency determined by the licensing agency. The licensing agency shall establish regulations to determine the frequency of inspections that shall include, but not be limited to, the residences past compliance with regulations, complaint investigations, quality of care issues and license type. However, the licensing agency shall, on a biennial basis, conduct an unannounced, on-site inspection of all licensed assisted-living residences. The licensing agency shall, on an annual basis, cause no less than ten percent (10%) of all assisted-living inspections to be conducted, in whole or in part, on nights and/or weekends.  (c) Upon request of the licensing agency, health agencies and professionals may share resident health status information with the department of health for the purpose of determining each residents capability of self preservation.  (d) Each assisted-living residence licensed under this chapter shall have a plan for preventing the hazards of residents wandering from the facility. This plan shall be submitted to the licensing agency in a format determined by the director.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2; P.L 1992, ch. 411,  1; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1; P.L. 2004, ch. 387,  2; P.L. 2006, ch. 541,  1; P.L. 2006, ch. 550,  1; P.L. 2017, ch. 203,  2; P.L. 2017, ch. 267,  2. 
 23-17.4-11. Accessibility to assisted living residences and residents. Access to an assisted living residences for adults and its residents by individuals other than relatives and friends of the residents shall be permitted at reasonable hours by duly authorized agents of state and municipal agencies other than the licensing agency and the division of fire safety, private or public institutions, organizations, associations, or any other service agencies whose purpose includes discharging legally authorized responsibilities or rendering volunteer assistance or service to residents with respect to personal, social, legal, religious services, or such other as civil and human rights. Access shall not substantially disrupt the operation of the facility. Anyone entering the facility shall produce appropriate identification prior to being granted permission to enter the premises. Entering a residents room and visitation privileges with residents by these persons shall be subject to the provisions of  23-17.4-16 and the rules and regulations promulgated pursuant to this chapter.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1. 
 23-17.4-12. Obtaining access under false pretenses. Any person who shall obtain access to an assisted living residence for adults or to its residents under false representation of purpose or identification shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars ($500) or imprisoned not more than six (6) months, or both, in the discretion of the court for each offense.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2. 
 23-17.4-13. Variance authority. The licensing agency may grant a variance from the provisions of any rule or regulation in a specific case if it finds that a literal enforcement of the provision will result in unnecessary hardship to the applicant, and that the variance will not be contrary to the public interest and the health and safety of residents.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2. 
 23-17.4-14. Penalty for operation of unlicensed assisted living residence. Any person establishing, conducting, managing, or operating an assisted living residence for adults without a license under this chapter or who shall operate the facility after revocation or suspension of a license or after an order to curtail any or all activities, shall be liable to a penalty of one thousand dollars ($1,000) for each day of operation in violation.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1990, ch. 70,  1; P.L. 1991, ch. 240,  2. 
 23-17.4-15.1.1. Administrator requirements. (a) Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to  23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator is responsible for the safe and proper operation of the residence at all times by competent and appropriate employee(s).  (b) The licensing agency shall perform a criminal background records check on any person applying or reapplying for certification as an administrator. If disqualifying information is found, the licensing agency shall make a judgment regarding certification for that person.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-15.1. Prohibition on placement into unlicensed assisted living residences and reporting requirements. (a) No public agency employee shall place, refer, or recommend placement of a person into an assisted living residence that is operating without a license.  (b) Any public agency employee who knows that an assisted living residence is operating without a license shall report the name and address of the home to the licensing agency.  (c) The licensing agency shall investigate any report filed under subsection (b). If the agency has probable cause to believe that an assisted living residence is operating without a license, it shall conduct an inspection as provided in  23-17.4-10.  History of Section.P.L. 1990, ch. 70,  3; P.L. 1991, ch. 240,  2. 
 23-17.4-15.2. Administrator requirements. (a) Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to  23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator is responsible for the safe and proper operation of the residence at all times by competent and appropriate employee(s).  (b) The licensing agency shall perform a criminal background records check on any person applying or reapplying for certification as an administrator. If disqualifying information is found, the licensing agency shall make a judgment regarding certification for that person.  (c) The department may suspend or revoke the certification of an administrator for cause, including but not limited to failure to maintain compliance with the qualifications stated in this section, repeated or intentional violations of this chapter or regulations, or conviction (including but not limited to a plea of nolo contendere) to charges of resident abuse under the provisions of chapter 17.8 of this title, or a conviction of a felony, or exploitation.  (d) The director shall establish fees for licensure application and licensure renewal as set forth in  23-1-54.  History of Section.P.L. 1990, ch. 70,  3; P.L. 1991, ch. 240,  2; P.L 1992, ch. 411,  1; P.L. 1994, ch. 91,  2; P.L. 1998, ch. 372,  1; P.L. 1998, ch. 388,  1; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1; P.L. 2012, ch. 241, art. 9,  41. 
 23-17.4-15.3. Resident records. Each residence shall at a minimum maintain the following information for each resident: (1) The residents name;  (2) The residents last address;  (3) The name of the person or agency referring the resident to the home;  (4) The name, specialty (if any), telephone number, and emergency telephone number of each physician who has treated the resident during the preceding twelve (12) months;  (5) The date the resident began residing in the home;  (6) A list of medications taken by the resident including the dosage;  (7) Written acknowledgements that the resident has received copies of the rights as provided in  23-17.4-16;  (8) A record of personal property and funds that the resident has entrusted to the facility;  (9) Information about any specific health problems of the resident that may be useful in a medical emergency;  (10) The name, address, and telephone number of a person identified by the resident who should be contacted in the event of an emergency or death of the resident;  (11) Any other health-related emergency, or pertinent information which the resident requests the residence to keep on record;  (12) Specific records of medication administration as required by the licensing agency; and  (13) Copies of the resident agreement, initial and periodic assessments and service plan(s).  History of Section.P.L. 1990, ch. 70,  3; P.L. 1992, ch. 411,  1; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1. 
 23-17.4-15.4. Medication and staff qualifications. (a) Assisted living residence unlicensed staff shall be permitted to assist residents in the self administration of medication including:  (1) Assistance with ordering medications.  (2) Assistance with self-storage of medications.  (3) Assistance with self-administration.  (4) Maintenance of records.  (b) Appropriately licensed staff may store and administer medications and monitor health indicators including blood pressures, adverse reactions, and glucose levels.  (c) The director may establish staffing requirements for those facilities providing medication services.  History of Section.P.L. 1992, ch. 411,  2. 
 23-17.4-15.5. Repealed.
 23-17.4-15.6. Assessments. (a) Prior to the admission of a resident, or the signing of a residency agreement with a resident, the administrator shall have a comprehensive assessment of the residents health, physical, social, functional, activity, and cognitive needs and preferences conducted by a registered nurse. This assessment shall be used to determine if the residents needs and preferences can be met by the assisted living residence and the conclusions shall be shared with the resident or the residents representative. If a reasonable accommodation can enable a resident to live in an assisted living residence, the nature of that accommodation and a plan for implementation or reason for denial should be included in an assessment.  (b) The assessment shall be reviewed and updated on a periodic basis and each time a residents condition changes significantly. In case of an emergency admission, the required assessment shall take place within five (5) working days.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-15.7. Service plans. (a) Within a reasonable time after move-in, the administrator shall be responsible for the development of a written service plan based on the initial assessment. The service plan shall include at least:  (1) The services and interventions needed;  (2) Description, frequency and duration of the service or intervention; and  (3) Party responsible for arranging the service.  (b) The service plan shall be developed by a qualified person and shall be signed by both parties. The service plan shall be reviewed by both parties periodically and each time a residents condition changes significantly and all changes shall be acknowledged in writing by both parties.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-15.8. Staff. (a) The administrator shall be responsible for ensuring sufficient and qualified staff to provide a safe and healthy environment and to provide the services specified on each residents service plan. The department shall establish requirements for staff qualifications and training for each level of license.  (b) The requirements for dementia care units shall include staff training on dementia care issues and practices as follows:  (1) All staff of dementia-level licensed residences that have direct contact with residents shall have four (4) hours of initial training on dementia-care issues and practices and two (2) hours of continued education annually thereafter.  (2) Training on dementia care issues and practices provided and documented at any licensed assisted living residence or nursing facility or by an entity authorized to provide continuing education credits may be counted toward meeting these requirements. At least one qualified awake and on duty staff person shall be on the premises at all times.  (c) The requirements for residences that provide limited health services shall include staff training on limited health services care issues and practice as follows:  (1) All staff delivering direct service with residents for limited health services in assisted living residences shall have initial training on delivering limited health service care and practice of continued education as determined through rules and regulations promulgated by the department of health.  (2) Training on limited health service issues and practices provided and documented at any assisted living residence or nursing facility or by an entity authorized to provide continuing education credits as determined through rules and regulations promulgated by the department of health.  (3) Staff delivering limited health services shall be supervised in accordance with subdivision 23-17.4-2(11) and all provisions of this chapter, with the specialized knowledge, judgment and skills related to the delivery of limited health services twenty-four (24) hours a day seven (7) days a week as determined through rules and regulations promulgated by the department of health.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3; P.L. 2006, ch. 541,  1; P.L. 2006, ch. 550,  1; P.L. 2013, ch. 294,  1; P.L. 2013, ch. 379,  1. 
 23-17.4-15.9. Activities. The department shall establish requirements for recreational and other activities for each level of license.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-15. Injunction to restrain operation without license. Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law upon the advice of the attorney general who shall represent the licensing agency in the proceedings, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management, or operation of an assisted living residence without a license under this chapter.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2. 
 23-17.4-16.1. Posting and providing a copy of rights of residents. Each residence shall provide each resident or his or her representative upon admission a copy of the provisions of  23-17.4-16, Rights of Residents, and shall display in a conspicuous place on the premises a copy of the Rights of Residents.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 316,  3; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1. 
 23-17.4-16.2. Special care unit and limited health services disclosure by residences. (a) Any assisted-living residence that offers to provide or provides services to residents with Alzheimers disease or other dementia by means of an Alzheimers special care unit and/or limited health services shall be required to disclose the type of services provided, in addition to those services required by the rules and regulations for the licensing of assisted-living residences. Disclosures shall be made to the licensing agency and to any person seeking placement in an Alzheimers special care unit and/or any person receiving limited health services from an assisted-living residence. The information disclosed shall explain that additional care is provided in each of the following areas:  (1) Philosophy. The Alzheimers special care unit and/or delivery of limited health services shall develop a written statement of its overall philosophy and mission that reflects the needs of residents afflicted with dementia and/or needing limited health services.  (2) Pre-occupancy, occupancy, and termination of residence. The process and criteria for occupancy, transfer, or termination of residency from the unit and/or the termination of limited health services.  (3) Assessment, service planning, and implementation. The process used for assessment and establishing the plan of service and its implementation, including the method by which the plan of service evolves and is responsive to changes in condition.  (4) Staffing patterns and training ratios. Staff training and continuing education practices.  (5) Physical environment. The physical environment and design features appropriate to support the functioning of cognitively impaired adult residents.  (6) Resident activities. The frequency and types of resident activities.  (7) Family role in providing support and services. The involvement in families and family support programs.  (8) Program costs. The cost of care and any additional fees.  (b) The licensing agency shall develop a standard disclosure form and shall review the information provided on the disclosure form by the residential care and assisted-living facility to verify the accuracy of the information reported on it. Any significant changes in the information provided by the residential care and assisted-living facility will be reported to the licensing agency at the time the changes are made.  (c) Upon completion of the disclosures required pursuant to this section, a person who does not otherwise meet the requirements for the special care unit or program may choose to reside in the unit or area in accordance with  23-17.4-16.  History of Section.P.L. 1993, ch. 237,  4; P.L. 1993, ch. 264,  4; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1; P.L. 2013, ch. 294,  1; P.L. 2013, ch. 379,  1; P.L. 2019, ch. 172,  1; P.L. 2019, ch. 213,  1. 
 23-17.4-16.3. Residency agreement or contract. (a) Prior to exchange of any funds and prior to admission, except as provided in subsections (c) and (d) herein, the residence shall execute a residency agreement or contract, signed by both the residence and the resident, that defines the services the residence will provide and the financial agreements between the residence and the resident or the residences representative.  (b) The department shall establish regulations specifying the minimum provisions of residency agreements or contracts and a minimum prior notification time for changes in rates, fees, service charges or any other payments required by the residence.  (c) Any advanced deposit, application fee, or other pre-admission payment shall be subject to a signed document explaining fully the terms of the payment and the residences refund policy.  (d) In cases of emergency placement, the residency agreement or contract shall be executed within five (5) working days of admissions.  History of Section.P.L. 2000, ch. 163,  1; P.L. 2000, ch. 448,  1; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1; P.L. 2004, ch. 86,  1; P.L. 2004, ch. 126,  2. 
 23-17.4-16.4. Heat relief. Any assisted living residence which does not provide air conditioning in every resident lodging unit shall provide an air conditioned room or rooms in a residential section or sections of the facility to provide relief to residents when the outdoor temperature exceeds eighty (80) degrees Fahrenheit.  History of Section.P.L. 2000, ch. 243,  1. 
 23-17.4-16.5. Disclosure. Each assisted living residence shall disclose certain information about the residence to each potential resident, the residents interested family, and the residents agent as early as practical in the decision-making process and at least prior to the admission decision being made. The disclosed information shall be in print format and shall include at a minimum:  (1) Identification of the residence and its owner and operator;  (2) Level of license;  (3) Admission and discharge criteria;  (4) Services available;  (5) Financial terms to include all fees and deposits, including any first month rental arrangements, and the residences policy regarding notification to tenants of increases in fees, rates, services and deposits;  (6) Terms of the residency agreement.  (7) Policy regarding acceptance of state and federal reimbursement programs.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3; P.L. 2006, ch. 541,  1; P.L. 2006, ch. 550,  1. 
 23-17.4-16.6. Posting of license and reports. Every assisted living residence licensed pursuant to this chapter shall display in a conspicuous public area of the residence the following information:  (1) A copy of the assisted living residence license that identifies the level of license and names of the owner and operator;  (2) The name and contact information for the current administrator;  (3) The address and telephone number of the division within the health department that will accept complaints or notice of violations of the sections in this chapter; and  (4) A copy of the latest report showing results of the annual state licensing survey.  History of Section.P.L. 2014, ch. 60,  1; P.L. 2014, ch. 64,  1. 
 23-17.4-16. Rights of residents. (a) Every assisted living residence for adults licensed under this chapter shall observe the following standards and any other appropriate standards as may be prescribed in rules and regulations promulgated by the licensing agency with respect to each resident of the residence:  (1) Residents are entitled to all rights recognized by state and federal law with respect to discrimination, service decisions (including the right to refuse services), freedom from abuse and neglect, privacy, association, and other areas of fundamental rights including the right to freedom of religious practice. Some of these basic rights include:  (i) To be offered services without discrimination as to sex, race, color, religion, national origin, or source of payment;  (ii) To be free from verbal, sexual, physical, emotional, and mental abuse, corporal punishment, and involuntary seclusion;  (iii) To be free from physical or chemical restraints for the purpose of discipline or convenience and not required to treat the residents medical symptoms. No chemical or physical restraints will be used except on order of a physician;  (iv) To have their medical information protected by applicable state confidentiality laws;  (v) To have a service animal, consistent with the reasonable accommodations clause of the Fair Housing Act, 42 U.S.C.  3601 et seq. (such as a seeing eye dog); and  (2) In addition to these basic rights enjoyed by other adults, the residents of assisted living also have the right to:  (i) Be treated as individuals and with dignity, and be assured choice and privacy and the opportunity to act autonomously;  (ii) Upon request have access to all records pertaining to the resident, including clinical records, within the next business day or immediately in emergency situations;  (iii) Arrange for services not available through the setting at their own expense as long as the resident remains in compliance with the resident contract and applicable state law and regulations;  (iv) Upon admission and during the residents stay be fully informed in a language the resident understands of all resident rights and rules governing resident conduct and responsibilities. Each resident shall:  (A) Receive a copy of their rights;  (B) Acknowledge receipt in writing; and  (C) Be informed promptly of any changes;  (v) Remain in their room or apartment unless a change in room or apartment is related to resident preference or to transfer conditions stipulated in their contract;  (vi) Consistent with the terms of the resident contract, furnish their own rooms and maintain personal clothing and possessions as space permits, consistent with applicable life safety, fire, or similar laws, regulations, and ordinances;  (vii) Be encouraged and assisted to exercise rights as a citizen; to voice grievances through a documented grievance mechanism and suggest changes in policies and services to either staff or outside representatives without fear of restraint, interference, coercion, discrimination, or reprisal;  (viii) Have visitors of their choice without restrictions so long as those visitors do not pose a health or safety risk to other residents, staff, or visitors, or a risk to property, and comply with reasonable hours and security procedures;  (ix) Have personal privacy in their medical treatment, written communications and telephone communications, and, to the fullest extent possible, in accommodation, personal care, visits, and meetings;  (x) Have prominently displayed a posting of the facilitys grievance procedure, the names, addresses, and telephone numbers of all pertinent resident advocacy groups, the state ombudsperson, and the state licensing agency;  (xi) Choose his or her own physician(s) and have ready access to the name, specialty, and way of contacting the physician(s) responsible for the residents care;  (xii) Have the residence record and periodically update the address and telephone number of the residents legal representative or responsible party;  (xiii) Manage his or her financial affairs. The residence may not require residents to deposit their personal funds with the residence. Upon written authorization of a resident and with the agreement of the residence, the residence holds, safeguards, manages, and accounts for personal funds of the resident as follows:  (A) Funds in excess of three hundred dollars ($300) must be in an interest bearing account, separate from any residence operating account that credits all interest on the residents funds to that account and the residence shall purchase a surety bond on this account;  (B) A full and separate accounting of each residents personal funds maintained must be available through quarterly statements and on request of the resident;  (C) Resident funds shall not be commingled with residence funds or with funds of any person other than another resident;  (D) Upon the death of a resident, the residence must convey within thirty (30) days the residents funds deposited with the residence and a full accounting of those funds to the residents responsible party or the administrator of the residents estate;  (xiv) Have access to representatives of the state ombudsperson and to allow the ombudsperson to examine a residents records with the permission of the resident and consistent with state law;  (xv) Be informed, in writing, prior to or at the time of admission or at the signing of a residential contract or agreement of:  (A) The scope of the services available through the residence service program, including health services, and of all related fees and charges, including charges not covered either under federal and/or state programs or by other third party payors or by the residences basic rate;  (B) The residences policies regarding overdue payment including notice provisions and a schedule for late fee charges;  (C) The residences policy regarding acceptance of state and federal government reimbursement for care in the facility both at time of admission and during the course of residency if the resident depletes his or her own private resources;  (D) The residences criteria for occupancy and termination of residency agreements;  (E) The residences capacity to serve residents with physical and cognitive impairments;  (F) Support any health services that the residence includes in its service package or will make appropriate arrangements to provide the services;  (xvi) To be encouraged to meet with and participate in activities of social, religious, and community groups at the residents discretion;  (xvii) Upon provision of at least thirty (30) days notice, if a resident chooses to leave a residence, the resident shall be refunded any advanced payment made provided that the resident is current in all payments;  (xviii) To have the residence discharge a resident only for the following reasons and within the following guidelines:  (A) Except in life threatening emergencies and for nonpayment of fees and costs, the residence gives thirty (30) days advance written notice of termination of residency agreement with a statement containing the reason, the effective date of termination, and the residents right to an appeal under state law;  (B) If the resident does not meet the requirements for residency criteria stated in the residency agreement or requirements of state or local laws or regulations;  (C) If the resident is a danger to himself or herself or the welfare of others and the residence has attempted to make a reasonable accommodation without success to address the residents behavior in ways that would make termination of residency agreement or change unnecessary, which would be documented in the residents records;  (D) For failure to pay all fees and costs stated in the contract, resulting in bills more than thirty (30) days outstanding. A resident who has been given notice to vacate for nonpayment of rent has the right to retain possession of the premises, up to any time prior to eviction from the premises, by tendering to the provider the entire amount of fees for services, rent, interest, and costs then due. The provider may impose reasonable late fees for overdue payment; provided that the resident has received due notice of those charges in accordance with the residences policies. Chronic and repeated failure to pay rent is a violation of the lease covenant. However the residence must make reasonable efforts to accommodate temporary financial hardship and provide information on government or private subsidies available that may be available to help with costs; and  (E) The residence makes a good faith effort to counsel the resident if the resident shows indications of no longer meeting residence criteria or if service with a termination notice is anticipated;  (xix) To have the residence provide for a safe and orderly move out, including assistance with identifying a resource to help locate another setting, regardless of reason for move out;  (xx) To have the residents responsible person and physician notified when there is:  (A) An accident involving the resident that results in injury and required physician intervention;  (B) A significant change in the residents physical, mental, or psychosocial status or treatment;  (xxi) To be able to share a room or unit with a spouse or other consenting resident of the residence in accordance with terms of the resident contract;  (xxii) To live in a safe and clean environment;  (xxiii) To have and use his or her own possessions where reasonable and have an accessible lockable space provided for security of small personal valuables;  (xxiv) To receive a nourishing, palatable, well balanced diet that meets his or her daily nutritional and special medical dietary needs;  (xxv) To attain or maintain the highest practicable physical, mental, and psychosocial well being;  (xxvi) To be allowed to maintain an amount of money to cover reasonable monthly personal expenses, the amount of which shall be at least equal to that amount required for individuals on SSI as provided under  40-6-27(a)(3);  (xxvii) To have the residence implement written policies and procedures to ensure that all facility staff are aware of and protect the residents rights contained in this section; and  (xxviii) Upon request, the resident shall have the right to receive information concerning hospice care, including the benefits of hospice care, the cost, and how to enroll in hospice care.  (b) For purposes of subdivisions (a)(2)(ii), (iv), (xi), (xiii), (xiv), (xvii), (xviii)(A) and (xxviii), the term resident also means the residents agent as designated in writing or legal guardian.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1990, ch. 70,  1; P.L. 1991, ch. 240,  2; P.L. 1992, ch. 411,  1; P.L. 1999, ch. 24,  1; P.L. 1999, ch. 85,  1; P.L. 2000, ch. 163,  2; P.L. 2000, ch. 448,  2; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1; P.L. 2003, ch. 238,  2; P.L. 2003, ch. 306,  2. 
 23-17.4-17. Facilities to which provisions inapplicable. The provisions of this chapter shall not be construed to apply to facilities licensed by or under the jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, department of children, youth, and families, or institutions operated, or listed and certified by the First Church of Christ, Scientist, Boston, Massachusetts, or health care facilities licensed by the department of health pursuant to chapter 17 of this title.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2. 
 23-17.4-18. Restriction of public assistance payments. No officer or agent of any municipal or state agency having responsibility for making payments of any form of public assistance under the provisions of applicable federal and state law shall make the payment to or on behalf of an individual residing in an assisted living residence for adults as defined in  23-17.4-2, upon notification from the licensing agency, that the facility does not qualify for licensure pursuant to this chapter. The department of human services will notify the licensing agency on an annual basis of all addresses where two (2) or more supplemental security income recipients reside.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2. 
 23-17.4-19. Power of enforcement. The director of the department of health shall have the power to enforce the provisions of this chapter.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2. 
 23-17.4-2. Definitions. As used in this chapter: (1) Activities of daily living (ADLs) means bathing, dressing, eating, toileting, mobility and transfer.  (2) Administrator means any person who has responsibility for day to day administration or operation of an assisted living residence.  (3) Alzheimers dementia special care unit or program means a distinct living environment within an assisted living residence 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 or program have had a standard medical diagnostic evaluation and have been determined to have a diagnosis of Alzheimers dementia or another dementia.  (4) Assisted living residence means a publicly or privately operated residence that provides directly or indirectly by means of contracts or arrangements personal assistance and may include the delivery of limited health services, as defined under subsection (12), to meet the residents changing needs and preferences, lodging, and meals to six (6) or more adults who are unrelated to the licensee or administrator, excluding however, any privately operated establishment or facility licensed pursuant to chapter 17 of this title, and those facilities licensed by or under the jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, the department of children, youth and families, or any other state agency. The department shall develop levels of licensure for assisted living residences within this definition as provided in  23-17.4-6. Assisted living residences include sheltered care homes, and board and care residences or any other entity by any other name providing the services listed in this subdivision which meet the definition of assisted living residences.  (5) Capable of self-preservation means the physical mobility and judgmental ability of the individual to take appropriate action in emergency situations. Residents not capable of self-preservation are limited to facilities that meet more stringent life safety code requirements as provided under  23-17.4-6(b)(3).  (6) Director means the director of the Rhode Island department of health.  (7) Licensing agency means the Rhode Island department of health.  (8) Qualified licensed assisted living staff members means a certified nursing assistant as provided under  23-17.9-2(a)(3), a licensed practical nurse as provided under  5-34-3(13) and/or a registered nurse as provided under  5-34-3(14).  (9) Personal assistance means the provision of one or more of the following services, as required by the resident or as reasonably requested by the resident, on a scheduled or unscheduled basis, including:  (i) Assisting the resident with personal needs including activities of daily living;  (ii) Assisting the resident with self-administration of medication or administration of medications by appropriately licensed staff;  (iii) Providing or assisting the resident in arranging for health and supportive services as may be reasonably required;  (iv) Monitoring the activities of the resident while on the premises of the residence to ensure his or her health, safety, and well-being; and  (v) Reasonable recreational, social and personal services.  (10) Resident means an individual not requiring medical or nursing care as provided in a healthcare facility but who as a result of choice and/or physical or mental limitation requires personal assistance, lodging and meals and may require the administration of medication and/or limited health services. A resident must be capable of self-preservation in emergency situations, unless the facility meets a more stringent life safety code as required under  23-17.4-6(b)(3). Persons needing medical or skilled nursing care, including daily professional observation and evaluation, as provided in a healthcare facility, and/or persons who are bedbound or in need of the assistance of more than one person for ambulation, are not appropriate to reside in assisted living residences. However, an established resident may receive daily skilled nursing care or therapy from a licensed healthcare provider for a condition that results from a temporary illness or injury for up to forty-five (45) days subject to an extension of additional days as approved by the department, or if the resident is under the care of a Rhode Island licensed hospice agency provided the assisted living residence assumes responsibility for ensuring that the required care is received. Furthermore, a new resident may receive daily therapy services and/or limited skilled nursing care services, as defined through rules and regulations promulgated by the department of health, from a licensed healthcare provider for a condition that results from a temporary illness or injury for up to forty-five (45) days subject to an extension of additional days as approved by the department, or if the resident is under the care of a licensed hospice agency provided that assisted living residence assumes responsibility for ensuring that the care is received. For the purposes of this chapter, resident shall also mean the residents agent as designated in writing or legal guardian. Notwithstanding the aforementioned, residents who are bed bound or in need of assistance of more than one staff person for ambulation may reside in a residence if they are receiving hospice care in accordance with the rules and regulations promulgated by the department of health. For the purposes of this chapter, resident shall also mean the residents agent as designated in writing or legal guardian.  (11) Supervision means the supervision requirements of qualified licensed assisted living staff delivering limited health services in accordance with this chapter, as defined through rules and regulations promulgated by the department of health.  (12) Limited health services means health services, as ordered by the residents physician, provided by qualified licensed assisted living staff members with supervision as required in rules and regulations promulgated by the department of health. Nothing in this definition shall be construed to limit the right of assisted living residents to access home nursing care or hospice provider services.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1990, ch. 70,  1; P.L. 1991, ch. 240,  2; P.L. 1992, ch. 411,  1; P.L. 1993, ch. 237,  3; P.L. 1993, ch. 264,  3; P.L. 1995, ch. 121,  1; P.L. 2000, ch. 163,  2; P.L. 2000, ch. 250,  2; P.L. 2000, ch. 448,  2; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1; P.L. 2003, ch. 380,  1; P.L. 2009, ch. 189,  2; P.L. 2009, ch. 290,  2; P.L. 2010, ch. 178,  1; P.L. 2010, ch. 183,  1; P.L. 2013, ch. 294,  1; P.L. 2013, ch. 379,  1. 
 23-17.4-20. Severability. If any provision of this chapter or the application of any provision to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2. 
 23-17.4-21.1. Assisted living administrator certification board. (a) Within the department there is established an assisted living administrator certification board to be appointed by the director of health with the approval of the governor consisting of seven (7) members as follows: two (2) members of the board are persons with at least five (5) years experience in operating an assisted living residence; one member of the board is an active assisted living administrator who is not an assisted living owner; two (2) members are persons representing assisted living consumers or family members; and two (2) members are representatives of the assisted living industry or are assisted living employees.  (b) Members shall be appointed to three (3) year terms. No member shall serve for more than two (2) terms. The director, with the approval of the governor, shall appoint all vacancies, as they occur for the remainder of a term or until a successor is appointed.  (c) The director may remove, after a hearing and with the approval of the governor, any member of the board for neglect of any duty required by law or for any incompetency, unprofessional or dishonorable conduct. Before beginning a term, a member shall take an oath prescribed by law for state officers, a record of which shall be filed with the secretary of state.  (d) The director shall appoint a chairperson.  (e) Four (4) members of the board shall constitute a quorum.  (f) The board shall serve without compensation.  (g) Meetings of the board shall be called by the director or the directors designee, or a majority of the board members.  (h) The director shall provide for a staff person of the department to serve as an administrative agent for the board.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-21.2. Functions of the department of health. It is the function of the department of health to: (1) Develop, impose, and enforce standards which must be met by individuals in order to receive a certificate as an assisted living administrator. These standards are designed to insure that assisted living administrators will be individuals who are of good character and are suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as assisted living administrators;  (2) Establish and carry out procedures designed to insure that individuals certified as assisted living administrators will, during any period that they serve as assisted living administrators, comply with the requirements of those standards;  (3) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the department to the effect that any individual certified as an assisted living administrator has failed to comply with the requirements of those standards;  (4) Conduct a continuing study and investigation of assisted living administrators within the state, with a view to improving the standards imposed for the certification of those administrators, and of procedures and methods for enforcing those standards with respect to certified assisted living administrators.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-21.3. Functions of assisted living certification board. It is the function of the board to: (1) Conduct examinations as required by the department and to act in an advisory capacity to the department in all matters pertaining to the certification of assisted living administrators;  (2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets those standards, subject to the approval of the director;  (3) Recommend to the department the issuance of licenses and registrations to individuals determined, after application of those techniques, to meet those standards; and to recommend to the director the revocation or suspension of licenses or registrations previously issued in any case where the individual holding that license or registration is determined substantially to have failed to conform to the requirements of those standards; and  (4) Adopt, with the approval of the director of health, rules and regulations governing a mandatory program of continuing education for assisted living administrators.  History of Section.P.L. 2002, ch. 157,  3; P.L. 2002, ch. 158,  3. 
 23-17.4-21. Repealed.
 23-17.4-22  23-17.4-26. Repealed.
 23-17.4-27. Criminal records review. (a) Any person seeking employment in any assisted living residence licensed under this act, and having routine contact with a resident or having access to a residents belongings or funds, shall undergo a national criminal records check which shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department of attorney general. The national criminal records check shall be processed prior to or within one week of employment. All persons who, as of September 30, 2014, are already employed by an assisted living residence and all persons who, as of such date, already provide services under this chapter, shall be exempted from the requirements of this section for purposes of their current employment only.  (b) The director of the department of health may, by rule, identify those positions requiring national criminal records checks. The employee, through the employer, shall apply to the bureau of criminal identification of the department of attorney general for a national criminal records check. Upon the discovery of any disqualifying information as defined in  23-17.4-30, and in accordance with the rule promulgated by the director of health, the bureau of criminal identification of the department of attorney general will inform the applicant in writing of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the employer in writing that disqualifying information has been discovered.  (c) An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer. The administrator shall make a judgment regarding the continued employment of the employee.  (d) In those situations in which no disqualifying information has been found, the bureau of criminal identification (BCI) of the department of attorney general shall inform the applicant and the employer in writing of this fact.  (e) The employer shall maintain on file, subject to inspection by the department of health, evidence that statewide criminal records checks have been initiated on all employees seeking employment between October 1, 1991, and September 30, 2014, and the results of the checks. The employer shall maintain on file, subject to inspection by the department of health, evidence that national criminal records checks have been initiated on all employees seeking employment on or after October 1, 2014, and the results of those checks. Failure to maintain that evidence would be grounds to revoke the license or registration of the employer.  (f) The employee shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of attorney general.  History of Section.P.L. 1991, ch. 368,  1; P.L. 1992, ch. 407,  3; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1; P.L. 2014, ch. 347,  5; P.L. 2014, ch. 399,  5. 
 23-17.4-28. Prior criminal records checks. If an applicant for employment has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification or local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.  History of Section.P.L. 1991, ch. 368,  1; P.L. 1992, ch. 407,  3. 
 23-17.4-29. Rules and regulations. The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter.  History of Section.P.L. 1991, ch. 368,  1. 
 23-17.4-3. Purpose of provisions. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards:  (1) For the care of residents in an assisted living residence;  (2) For the maintenance and operation of assisted living residences which will:  (i) Promote the dignity, individuality, independence, privacy, and autonomy of residents;  (ii) Provide a safe and home-like environment;  (iii) Protect the safety, health and welfare of residents;  (3) For the encouragement of quality of life for all residents; and  (4) For the encouragement of quality in all aspects of the operations of assisted living residences.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1. 
 23-17.4-30. Disqualifying information. (a) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature) felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny or felony banking law violations. An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee.  (b) For purposes of this section, conviction means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.  History of Section.P.L. 1991, ch. 368,  1; P.L. 1993, ch. 306,  4; P.L. 2014, ch. 347,  5; P.L. 2014, ch. 399,  5. 
 23-17.4-31. Establishment of fees. The director may establish reasonable fees for the licensure application, licensure renewal, and administrative actions under this chapter. Annual licensure fees per licensee plus an additional fee per licensed bed, where applicable, shall be assessed. All fees required in this section shall be as set forth in  23-1-54.  History of Section.P.L. 1993, ch. 138, art. 32,  3; P.L. 2002, ch. 65, art. 13,  22; P.L. 2007, ch. 73, art. 39,  31; P.L. 2012, ch. 241, art. 9,  41. 
 23-17.4-32. Immunity from liability. No employer who disqualifies an individual from employment or continued employment within thirty (30) days of receipt of a letter containing disqualifying information as defined in  23-17.4-30 or of a criminal background report relating to disqualifying information shall be liable for civil damages or subject to any claim, demand, cause of action or proceeding of any nature as a result of the disqualification.  History of Section.P.L. 1993, ch. 306,  5. 
 23-17.4-33. Disclosure of financial interest. (a) Any licensed assisted living residence which refers clients to any health care facility licensed pursuant to chapter 17 of this title or to another assisted living residence licensed pursuant to this chapter or to a certified adult day care program in which the referring entity has a financial interest shall, at the time a referral is made, disclose the following information to the client: (1) that the referring entity has a financial interest in the facility or provider to which the referral is being made; (2) that the client has the option of seeking care from a different facility or provider which is also licensed and/or certified by the state to provide similar services to the client. The referring entity shall also offer the client a written list prepared by the department of all alternative licensed and/or certified facilities or providers.  (b) Noncompliance with this section shall constitute grounds to revoke, suspend or otherwise discipline the licensee or to deny an application for licensure by the director, or may result in imposition of an administrative penalty in accordance with chapter 17.10 of this title.  History of Section.P.L. 1997, ch. 103,  1; P.L. 1997, ch. 162,  2; P.L. 1998, ch. 373,  2; P.L. 1998, ch. 396,  2. 
 23-17.4-34. Name change. Wherever in the general or public laws there appear the words residential care and assisted living facility, it shall now read, assisted living residence.  History of Section.P.L. 2000, ch. 163,  1; P.L. 2000, ch. 448,  1. 
 23-17.4-35. Assisted living assessment and disclosure for residents on probation or parole. The licensing agency shall establish regulations to require each licensed assisted living residence, as part of the initial resident admission and assessment process, to review and consider any notice provided to the residence as required in subsection 42-56-10(23) concerning the residents or prospective residents status on parole and recommendations, if any, regarding safety and security measures.  History of Section.P.L. 2006, ch. 540,  2. 
 23-17.4-36. Retaliation prohibited. No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a residence by the residence; nor against any guardian or family member of any resident; nor against any resident of the residence; nor against any volunteer or any other person for any communication by him or her to the department involving information given or disclosed by him or her in good faith regarding a violation of this chapter.  History of Section.P.L. 2006, ch. 541,  2; P.L. 2006, ch. 550,  2. 
 23-17.4-4. License required for assisted living residence operation. (a) No person, acting severally or jointly with any other person, shall establish, conduct, or maintain an assisted living residence in this state without a license under this chapter.  (b) No person, acting severally or jointly with any other person, shall admit or retain a resident in an assisted living residence which residence: (1) does not meet the definition and requirements of this chapter; or (2) is not able to provide the services needed by a resident as agreed to in the service plan required under  23-17.4-15.6.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1. 
 23-17.4-5. Application for license. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain any information that the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with reasonable standards, rules, and regulations as are lawfully prescribed under this chapter. The licensing agency shall require criminal background checks on owners and operators of licensed assisted living residences.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1. 
 23-17.4-6. Issuance of license  Posting  Transfer. (a) Issuance of license. Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant and assisted living residence meet the requirements established under this chapter; the director shall establish levels of licensure as provided in subsection (c) below and any rules and regulations that may be established in accordance herewith. A license issued under this chapter shall be the property of the state and loaned to the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. Each license shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable except with the written approval of the licensing agency.  (b) Fire code and structural requirements.(1) A residence with state fire code deficiencies may be granted a license which may be renewed subject to the submission of a plan of correction acceptable to the state division of fire safety, and provided the nature of the deficiencies are such that they do not jeopardize the health, safety, and welfare of the residents.  (2) A residence with residents who are blind, deaf, and physically disabled shall be subject to the applicable requirements of the American National Standards Institute (ANSI standards) (1961), and any other provisions that may be required by rules and regulations pursuant to this chapter.  (3) A residence that elects to comply with a higher life safety code and is so approved by the state division of fire safety and meets the departments requirements for the appropriate level of licensure may admit residents not capable of self preservation.   (c) Levels of licensure. The department shall establish requirements for a basic license that apply to all assisted living residences. In addition, the department shall establish additional licensing levels of assisted living including, but not limited to:  (1) Dementia care licensure shall be required when one or more residents have a physicians diagnosis of dementia or an assessment, as required by  23-17.4-15.6, indicating dementia-related functional impairments, and meet any of the following:  (i) Safety concerns due to evidence of elopement or other dementia behaviors;  (ii) Inappropriate social behaviors that repeatedly infringe upon the rights of others;  (iii) Inability to self preserve due to dementia;  (iv) A physicians recommendation that the resident needs dementia support consistent with this level; or if the residence advertises or represents special dementia services or if the residence segregates residents with dementia.  (2) In addition to the requirements for the basic license, licensing requirements for the dementia care level shall include the following:  (i) Staff training and/or requirements specific to dementia care as determined by the department;  (ii) A registered nurse on staff and available for consultation at all times and at least one staff person with appropriate training and education as determined by regulation, on duty at all times in Alzheimers dementia special care units;  (iii) The residence shall provide for a secure environment appropriate for the resident population.  (3) Medication administration when one or more residents requires medication administration by appropriately qualified staff as determined by the department.  (4) Limited health services licensure shall be required if the assisted living residence offers to provide limited health services as defined herein. Conditions and requirements for the licensing of limited health services shall be determined in accordance with subsection (c)(6) of this section.  (5) A resident may continue to receive limited health services in an assisted living residence so long as the resident, the residents family, the residents physician, and the operator of the assisted living residence consent to the residents continued stay in the assisted living residence; and provided, that all parties commit to assuring the resident can safely receive services.  (6) In addition to the requirements for the basic license, in accordance with  23-17.4-4 and all provisions of this chapter, the department shall establish licensing requirements for limited health services levels including, but not limited to, the following factors:  (i) Resident safety guidelines in accordance with the provisions of this chapter;  (ii) Staff training and/or requirements specific to the delivery of limited health services;  (iii) Supervision requirements including appropriate training in accordance with  23-17.4-15.8;  (iv) Best practice standards for delivering limited health services;  (v) Quality assurance in accordance with  23-17.4-10.1;  (vi) Resident protection and required disclosures in accordance with  23-17.4-16.2 and all provisions of this chapter; and  (vii) Protections and assurances for health information exchange, in accordance with this chapter and all applicable state and federal laws and regulations.  (7) Nothing in this section or chapter shall require an assisted living residence to obtain a limited health service license.  (d) The director shall promulgate all necessary rules and regulations in order to fulfill the purposes of this chapter.  (e) If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions of applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2; P.L. 1992, ch. 411,  1; P.L. 2002, ch. 157,  1; P.L. 2002, ch. 158,  1; P.L. 2004, ch. 86,  1; P.L. 2004, ch. 126,  1; P.L. 2006, ch. 541,  1; P.L. 2006, ch. 550,  1; P.L. 2013, ch. 294,  1; P.L. 2013, ch. 379,  1. 
 23-17.4-7. Expiration and renewal of license. A license, unless sooner suspended or revoked, shall expire by limitation on the thirty-first (31st) day of December following its issuance and may be renewed from year to year after approval by the licensing agency.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 2006, ch. 541,  1; P.L. 2006, ch. 550,  1; P.L. 2017, ch. 203,  2; P.L. 2017, ch. 267,  2. 
 23-17.4-8.1. Curtailment of activities. Whenever the director determines that an assisted living residence for adults licensed under this chapter is not being operated in conformance with all of the requirements established under this chapter, the director may, in lieu of suspension or revocation of the license of the facility, order the licensee to admit no additional individual to the facility, to transfer all or some of the residents occupying the facility to other suitable accommodations, or to take any other corrective action necessary to secure compliance with the requirements established under this chapter. Notice of the order and the subsequent hearing as may be scheduled shall comply with the requirements of procedural due process stipulated in  23-17.4-8. The director may act pursuant to this section only in those instances in which the director determines that the continued operation of the facility will not result in undue hardship to its occupants.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2; P.L. 1991, ch. 240,  2. 
 23-17.4-8. Denial, suspension, or revocation of license. The licensing agency, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under this chapter. The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of the mailing or service, at which the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of the hearing, or upon default of the applicant or licensee, the licensing agency shall make determination specifying its findings of fact and conclusions of law. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant or licensee. The decision denying, suspending, or revoking the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty (30) day period, appeals the decision pursuant to  42-35-15. The procedure governing hearings authorized by this section shall be in accordance with  42-35-9  42-35-13 as stipulated in  42-35-14(a). A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to  42-35-15. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2. 
 23-17.4-9. Judicial review of license action. Any person who has exhausted all administrative remedies available to him or her within the licensing agency and who is aggrieved by a final decision of the licensing agency, is entitled to judicial review in accordance with the provisions of  42-35-15 and 42-35-16.  History of Section.P.L. 1981, ch. 212,  2; P.L. 1981, ch. 226,  2. 
 23-17.5-1. Condition of admission. As part of the procedure for admission of a patient to a nursing home, as defined in chapter 17 of this title, a written contract shall be entered into between the patient or the patients next of kin or legal representative, and the nursing home.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-10. Performance of services by patients. A patient shall not be required to perform services for the facility that are not included for therapeutic purposes in the patients plan of care.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-11. Participation in activities. Patients may meet with and participate in activities of social, religious, and community groups at their discretion unless medically contraindicated per written medical order.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-12. Visitors. (a) Patients may associate and communicate privately with persons of their choice and shall be allowed freedom and privacy in sending and receiving mail.  (b) Posted reasonable visiting hours must be maintained in each home, with a minimum of four (4) hours daily.  (c) The facility shall permit the long term care ombudsman of the department of elderly affairs, and his or her designees as certified by that department, whose purposes include rendering assistance without charge to nursing home patients, to have access to the facility and its patients, if there is neither commercial purpose nor affect to the access, in order to:  (1) Visit, talk with, and make personal, social, and legal services available to all patients.  (2) Inform patients of their rights and entitlements, and their corresponding obligations, under federal and state laws by means of distribution of educational materials and discussion in groups and with individual patients.  (3) Assist patients in pursuing their legal rights regarding claims for public assistance, medical assistance, and social security benefits, as well as in all matters in which patients are aggrieved.  (4) Have access to all areas of the facility accessible to patients except the immediate living area of a patient who objects to the access.  (5) Engage in all other methods of assisting, advising, and representing patients so as to extend to them full enjoyment of their rights.  (d) Any ombudsman, as certified by the department of elderly affairs, shall have access at any time. Individual patients shall have the complete right to terminate or deny any visit by persons having access pursuant to this section. Communications between a patient and persons having access pursuant to this section shall be confidential, unless the patient authorizes the release of the information. The communication shall be conducted in privacy. The state shall protect and hold harmless the long term care ombudsman, and his or her designees, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit for damages resulting from acts or omissions committed in the discharge of his or her duties and within the scope of his or her employment which may constitute negligence, but which acts are not wanton, malicious or grossly negligent, as determined by a court of competent jurisdiction.  (e) No patient shall be punished or harassed by the facility or by its agents or employees because of the patients effort to avail himself or herself of his or her rights, or because of the activities of others having access pursuant to this section.  History of Section.As enacted by P.L. 1978, ch. 235,  1; P.L. 1982, ch. 88,  1; P.L. 1991, ch. 289,  1. 
 23-17.5-13. Personal services. Patients shall have the right to obtain personal services or to purchase personal needs outside of the facility.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-14. Right to privacy. (a) The patients right to privacy and confidentiality shall extend to all records pertaining to the patient. Release of any records shall be subject to the patients approval except in case of transfer to another health care facility or as otherwise provided by law.  (b) The right to privacy and confidentiality relates to the public dissemination of specific information contained within patient records and to the identification of specific individuals, but does not abrogate the responsibility of the licensing agency to review all patient records.  (c) With the permission of a patient or patients legal guardian, the long-term care ombudsman shall have access to review the patients medical and social records or, if a patient is unable to consent to the review and has no legal guardian, appropriate access to the patients medical and social records shall be granted to the long-term care ombudsman.  History of Section.P.L. 1978, ch. 235,  1; P.L. 1989, ch. 255,  1. 
 23-17.5-15. Financial affairs. A patient may manage his or her personal financial affairs or shall be given at least quarterly accounting of financial transactions made on his or her behalf, if written delegation of this responsibility was accepted by the facility for a stipulated period of time and in conformance with state laws.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-16. Married patient. If married, patients shall be assured privacy for visits by the spouse; if both are inpatients in the facility, they may share a room unless medically contraindicated per written order of the physician and subject to the availability of accommodations within the facility.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-17. Transfer to another facility. (a) Before transferring a patient to another facility or level of care within a facility, the patient shall be informed of the need for the transfer and of any alternatives to the transfer.  (b) A patient shall be transferred or discharged only for medical reasons, or for the patients welfare or that of other patients or for nonpayment of the patients stay. A facility seeking to discharge a patient for nonpayment of the patients stay must, if the patient has been a patient of the facility for thirty (30) days or longer, provide the patient and, if known, a family member or legal representative of the patient, with written notice of the proposed discharge thirty (30) days in advance of the discharge.  (c) The patient may file an appeal of the proposed discharge with the state agency designated for hearing such appeals, and if the appeal is received by that agency within ten days after the date of written notice, the patient may remain in the facility until the decision of the hearing officer. For appeals where the patient remains in the facility:  (i) Any hearing on the appeal shall be scheduled no later than thirty (30) days after the receipt by the state agency of the request for appeal;  (ii) No more than one request for continuance by the patient shall be permitted and, if granted, the hearing on the appeal must be rescheduled for a date and time no later than forty (40) days after the receipt by the state agency of the request for appeal; and  (iii) The decision of the hearing officer shall be rendered as soon as possible, but in any event within five (5) days after the date of the hearing.  (d) Reasonable advance notice of transfers to healthcare facilities other than hospitals shall be given to ensure orderly transfer or discharge and those actions shall be documented in the medical record.  (e) In the event that a facility seeks a variance from the required thirty (30) day notice of closure of the facility, reasonable advance notice of the hearing for the variance shall be given by the facility to the patient, his or her guardian, or relative so appointed or elected to be his or her decision-maker, and an opportunity to be present at the hearing shall be granted to the designated person.  (f) In the event of the voluntary closure of a facility, which closure is the result of a variance from the required thirty (30) day notice of closure, granted by the director of the department of health, reasonable advance notice of the closure shall be given by the facility to the patient, his or her guardian, or relative so appointed or elected to be his or her decision-maker.  (g) Nothing herein shall be construed to relieve a patient from any obligation to pay for the patients stay in a facility.  History of Section.P.L. 1978, ch. 235,  1; P.L. 2000, ch. 240,  1; P.L. 2015, ch. 141, art. 5,  3. 
 23-17.5-18. Development of responsibilities. All rights and responsibilities specified in  23-17.5-3, 23-17.5-7, 23-17.5-15, and 23-17.5-17 shall devolve, in order of priority, to a patients guardian, next of kin, sponsoring agency(ies) or representative payor (except when the facility itself is the representative payor) for patients who are:  (1) Adjudicated incompetent in accordance with state law; or  (2) Found by the physician to be medically incapable of understanding their rights; or  (3) Found to exhibit a communication barrier. If, however, the communication barrier is one of speaking a language other than English, then an attempt shall be made to find an interpreter to allow the patient to knowingly exercise his or her rights.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-19. Discrimination. Each patient shall be offered treatment without discrimination as to sex, race, color, religion, national origin, source of payment, disability, or diagnosis of Alzheimers disease or related dementia.  History of Section.P.L. 1978, ch. 235,  1; P.L. 1991, ch. 149,  2; P.L. 1991, ch. 212,  1; P.L. 1991, ch. 323,  2; P.L. 1999, ch. 83,  50; P.L. 1999, ch. 130,  50. 
 23-17.5-2. Care of patient. Each patient shall be treated and cared for with consideration, respect, and dignity, and shall be afforded his or her right to privacy to the extent consistent with providing adequate medical care and with efficient administration.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-20. Posting of law. Every nursing home licensed pursuant to this title shall display a copy of the provisions of this chapter and related information in a conspicuous place in each nursing home. At a minimum the display must include the following:  (1) A summary of the major provisions of chapter 17.5 of this title.  (2) The address and telephone number of the division within the health department that will accept complaints or notice of violations of the sections in this chapter, the state ombudsman, and Medicaid fraud unit.  (3) Notice of availability and location of public records regarding the results of state and federal licensing and certification surveys of nursing homes.  History of Section.P.L. 1978, ch. 235,  1; P.L. 1989, ch. 265,  1; P.L. 2004, ch. 115,  1; P.L. 2004, ch. 182,  1. 
 23-17.5-21. Penalties. Any nursing home which refuses or neglects to post provisions or which violates the requirements of this chapter shall be guilty of a misdemeanor for each violation punishable by a fine of up to five hundred dollars ($500) and/or six (6) months in jail.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-22. Enforcement. The director of the department of health and/or local or state police within their respective jurisdictions, upon receipt of a complaint from any citizen, are empowered to enforce the provisions of this chapter.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-23. Severability. The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-24. Resident for more than six months  Right to remain after depletion of funds  Penalty for violations. Every patient who has been a resident of a nursing home which participates in the Rhode Island medical assistance program and has made payments from private funds for at least six (6) months shall, upon depletion of the private funds, be permitted to remain as a resident of the nursing home at the rate of payment to be paid by and calculated by the department of human services; provided, that the patient meets the eligibility requirements of  40-8-3 and that the patient meets the criteria for skilled nursing, ICF I or ICF II level of care, and that the facility provides the level of care that the patient requires and has an available bed at that level of care. Every person or corporation violating the provision of this section would be subject to a fine of up to five thousand dollars ($5,000) and/or loss of license.  History of Section.P.L. 1982, ch. 361,  1. 
 23-17.5-25. Notice on bed-hold policy and readmission. (a) Notice before transfer. Before a resident of a nursing facility is transferred for hospitalization or therapeutic leave, a nursing facility must provide written information to the resident and a family member or legal representative concerning:  (1) The provisions of the medical assistance program state plan regarding the period (if any) during which the resident will be permitted under the state plan to return and resume residence in the facility; and  (2) The policies of the facility regarding the period, which policies must be consistent with subsection (c).  (b) Notice upon transfer. At the time of the transfer of a resident to a hospital or for therapeutic leave, a nursing facility must provide written notice to the resident and a family member or legal representative of the duration of any period described in subsection (c).  (c) Permitting resident to return. A nursing facility must establish and follow a written policy under which a resident:  (1) Who is transferred from the facility for hospitalization or therapeutic leave; and  (2) Whose hospitalization or therapeutic leave exceeds a period paid for under the state plan for the holding of a bed in the facility for the resident, will be permitted to be readmitted to the facility immediately upon the first availability of a bed of appropriate level of care in a semi-private room in the facility if at the time of readmission, the resident requires the services provided by the facility.  (d) Any nursing facility that accepts private payment for purposes of reserving a bed in the facility for a resident who is transferred from the facility for hospitalization or other institutional therapeutic leave, and that residents medical and health care is being paid for by the state medical assistance program, shall not charge an amount per day for reserving a bed in the facility that exceeds the facilitys current Medicaid daily rate; for a minimum of the first five (5) days of said hospitalization or the institutional therapeutic leave.  (e) The departments of human services and health shall receive, on a monthly basis, the names from each nursing home of those persons awaiting readmission under these provisions.  (f) The department of health shall promulgate regulations governing these provisions.  History of Section.P.L. 1989, ch. 270,  1; P.L. 2004, ch. 228,  1; P.L. 2004, ch. 303,  1. 
 23-17.5-26. Smoke-free environment. (a) Smoke-free environment. Nursing home patients shall have the right to live in a tobacco smoke-free environment. It shall be prohibited for any person other than a nursing home resident to smoke in any nursing home in Rhode Island. It shall be prohibited for any nursing home resident to smoke in any nursing home in Rhode Island except in a smoking room, rooms designated by the administration of the nursing home, a private room, or a semi-private room where both residents smoke. The designated smoking room or rooms shall be a room or rooms other than the largest living or assembly room or lounge. The designated smoking room or rooms shall be ventilated in such a way that the air from that room or rooms shall not enter other parts of the nursing home.  (b) Penalties and enforcement. (1) The department of health, having received a written and signed letter of complaint from any person citing a violation of this chapter, shall enforce this entire chapter against violations by either of the following actions:  (1)(i) Serving written notice to comply to the person, organization or facility manager charged with the violation, with a copy of the notice to the complaining person, requiring the person, organization or facility manager to correct within ten (10) days any violation or section of this chapter.  (ii) Upon receiving a second complaint at the department of health for the same or continued violation by the same person, the complaint shall be resolved by calling upon the attorney general to maintain, without delay, an action for injunction to enforce the provisions of this chapter, to cause the correction of the same or continued violation of this section, and for assessment and recovery of a civil penalty for the violation.  (2) A person, organization, or facility manager who violates this chapter shall be liable for a civil penalty, but not to be less than fifty dollars ($50.00) nor to exceed five hundred dollars ($500) which shall be assessed and recovered in a civil action brought by the attorney general in any court of competent jurisdiction. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. Any penalty assessed and recovered in an action brought pursuant to this subsection shall be paid over to the general treasurer and added to the general fund.  (3) In undertaking the enforcement of this chapter, the state is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that the breach proximately caused injury.  History of Section.P.L. 1993, ch. 224,  1. 
 23-17.5-27. Heat relief. Any nursing home facility which does not provide air conditioning in every patient room shall provide an air conditioned room or rooms in a residential section or sections of the facility to provide relief to patients when the outdoor temperature exceeds eighty (80) degrees Fahrenheit.  History of Section.P.L. 2000, ch. 243,  2. 
 23-17.5-28. Pain assessment. A patient shall have the right to have his or her pain assessed on a regular basis. History of Section.P.L. 2002, ch. 331,  3. 
 23-17.5-29. Hospice. Upon request, the patient shall have the right to receive information concerning hospice care, including the benefits of hospice care, the cost, and how to enroll in hospice care.  History of Section.P.L. 2003, ch. 238,  4; P.L. 2003, ch. 306,  4. 
 23-17.5-3. Physician. Each patient shall have the right to choose his or her own physician. History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-30. Family councils. (a) For the purposes of this section family council means an organized group of the family members, friends or representatives of facility residents who may meet in private without the presence of facility staff.  (b) The role of the family council shall be to address issues affecting residents generally at the facility, not to pursue individual grievances. The family council shall not be entitled to obtain information about individual residents or staff members, or any other information deemed confidential under state or federal law.  (c) No licensed nursing facility may prohibit the formation of a family council. When requested by a member of a residents family or a residents representative, a family council shall be allowed to meet in a common meeting room of the nursing facility at least once a month during mutually agreed upon hours.  (d) Upon the admission of a resident, the nursing facility shall inform the resident and the residents family members, in writing, of their right to form a family council, or if a family council already exists, of the date, time and location of scheduled meetings.  (e) The nursing facility administration shall notify the state long-term care ombudsman of the existence or planned formation of a family council at that facility.  (f) The family council may exclude members only for good cause, subject to appeal by the excluded party to the state long-term care ombudsman. No member shall be excluded on the basis of race or color, religion, gender, sexual orientation, disability, age or country of ancestral origin.  (g) A facility shall provide its family council with adequate space in a prominent posting area for the display of information pertaining to the family council.  (h) Staff or visitors may attend family council meetings at the councils invitation.  (i) The nursing facility shall provide a designated staff person who, at the request of the council, shall be responsible for providing assistance to the family council and for responding to recommendations and requests made by the family council.  (j) The nursing facility shall consider the recommendations of the family council concerning issues and policies affecting resident care and life at the nursing facility.  (k) A violation of the provisions of this section will constitute a violation of the rights of nursing home residents.  History of Section.P.L. 2005, ch. 157,  6; P.L. 2005, ch. 249,  6. 
 23-17.5-31. Reimbursement of monies prepaid to deceased patients estate. Every nursing home shall be required to reimburse any monies that have been prepaid on behalf of a deceased patient to the nursing home within ninety (90) days of the patients date of death. Said reimbursement shall be paid to the person(s), institution or other legal entity who has paid the monies, or if there be none, to the deceased patients estate, and payment shall be made in the amount remaining after all items and services provided or arranged by the nursing home have been paid. If payment hereunder is required to be made to the deceased patients estate, however, payment shall not become due until sixty (60) days after the nursing home is notified that the estate has been filed.  History of Section.P.L. 2010, ch. 140,  1; P.L. 2010, ch. 142,  1. 
 23-17.5-32. Minimum staffing levels. (a) Each facility shall have the necessary nursing service personnel (licensed and non-licensed) in sufficient numbers on a twenty-four (24) hour basis, to assess the needs of residents, to develop and implement resident care plans, to provide direct resident care services, and to perform other related activities to maintain the health, safety, and welfare of residents. The facility shall have a registered nurse on the premises twenty-four (24) hours a day.  (b) For purposes of this section, the following definitions shall apply:  (1) Direct caregiver means a person who receives monetary compensation as an employee of the nursing facility or a subcontractor as a registered nurse, a licensed practical nurse, a medication technician, a certified nurse assistant, a licensed physical therapist, a licensed occupational therapist, a licensed speech-language pathologist, a mental health worker who is also a certified nurse assistant, or a physical therapist assistant.  (2) Hours of direct nursing care means the actual hours of work performed per patient day by a direct caregiver.  (c)(i) Commencing on January 1, 2022, nursing facilities shall provide a quarterly minimum average of three and fifty-eight hundredths (3.58) hours of direct nursing care per resident, per day, of which at least two and forty-four hundredths (2.44) hours shall be provided by certified nurse assistants.  (ii) Commencing on January 1, 2023, nursing facilities shall provide a quarterly minimum of three and eighty-one hundredths (3.81) hours of direct nursing care per resident, per day, of which at least two and six-tenths (2.6) hours shall be provided by certified nurse assistants.  (d) Director of nursing hours and nursing staff hours spent on administrative duties or non-direct caregiving tasks are excluded and may not be counted toward compliance with the minimum staffing hours requirement in this section.  (e) The minimum hours of direct nursing care requirements shall be minimum standards only. Nursing facilities shall employ and schedule additional staff as needed to ensure quality resident care based on the needs of individual residents and to ensure compliance with all relevant state and federal staffing requirements.  (f) The department shall promulgate rules and regulations to amend the Rhode Island code of regulations in consultation with stakeholders to implement these minimum staffing requirements on or before October 15, 2021.  (g) On or before January 1, 2024, and every five (5) years thereafter, the department shall consult with consumers, consumer advocates, recognized collective bargaining agents, and providers to determine the sufficiency of the staffing standards provided in this section and may promulgate rules and regulations to increase the minimum staffing ratios to adequate levels.  History of Section.P.L. 2021, ch. 23,  1, effective May 27, 2021; P.L. 2021, ch. 24,  1, effective May 27, 2021. 
 23-17.5-33. Minimum staffing level compliance and enforcement program. (a) Compliance determination. (1) The department shall submit proposed rules and regulations for adoption by October 15, 2021, establishing a system for determining compliance with minimum staffing requirements set forth in  23-17.5-32.  (2) Compliance shall be determined quarterly by comparing the number of hours provided per resident, per day using the Centers for Medicare and Medicaid Services payroll-based journal and the facilitys daily census, as self-reported by the facility to the department on a quarterly basis.  (3) The department shall use the quarterly payroll-based journal and the self-reported census to calculate the number of hours provided per resident, per day and compare this ratio to the minimum staffing standards required under  23-17.5-32. Discrepancies between job titles contained in  23-17.5-32 and the payroll-based journal shall be addressed by rules and regulations.  (b) Monetary penalties. (1) The department shall submit proposed rules and regulations for adoption on or before October 15, 2021, implementing monetary penalty provisions for facilities not in compliance with minimum staffing requirements set forth in  23-17.5-32.  (2) Monetary penalties shall be imposed quarterly and shall be based on the latest quarter for which the department has data.  (3) No monetary penalty may be issued for noncompliance with the increase in the standard set forth in  23-17.5-32(c)(ii) from January 1, 2023, to March 31, 2023. If a facility is found to be noncompliant with the increase in the standard during the period that extends from January 1, 2023, to March 31, 2023, the department shall provide a written notice identifying the staffing deficiencies and require the facility to provide a sufficiently detailed correction plan to meet the statutory minimum staffing levels.  (4) Monetary penalties shall be established based on a formula that calculates on a daily basis the cost of wages and benefits for the missing staffing hours.  (5) All notices of noncompliance shall include the computations used to determine noncompliance and establishing the variance between minimum staffing ratios and the departments computations.  (6) The penalty for the first offense shall be two hundred percent (200%) of the cost of wages and benefits for the missing staffing hours. The penalty shall increase to two hundred fifty percent (250%) of the cost of wages and benefits for the missing staffing hours for the second offense and three hundred percent (300%) of the cost of wages and benefits for the missing staffing hours for the third and all subsequent offenses.  (7) For facilities that have an offense in three (3) consecutive quarters, EOHHS shall deny any further Medicaid Assistance payments with respect to all individuals entitled to benefits who are admitted to the facility on or after January 1, 2022, or shall freeze admissions of new residents.  (c)(1) The penalty shall be imposed regardless of whether the facility has committed other violations of this chapter during the same period that the staffing offense occurred.  (2) The penalty may not be waived except as provided in subsection (c)(3) of this section, but the department shall have the discretion to determine the gravity of the violation in situations where there is no more than a ten percent (10%) deviation from the staffing requirements and make appropriate adjustments to the penalty.  (3) The department is granted discretion to waive the penalty when unforeseen circumstances have occurred that resulted in call-offs of scheduled staff. This provision shall be applied no more than two (2) times per calendar year.  (4) Nothing in this section diminishes a facilitys right to appeal pursuant to the provisions of chapter 35 of title 42 (administrative procedures).  (d)(1) Pursuant to rules and regulations established by the department, funds that are received from financial penalties shall be used for technical assistance or specialized direct care staff training.  (2) The assessment of a penalty does not supplant the states investigation process or issuance of deficiencies or citations under this title.  (3) A notice of noncompliance, whether or not the penalty is waived, and the penalty assessment shall be prominently posted in the nursing facility and included on the departments website.  History of Section.P.L. 2021, ch. 23,  1, effective May 27, 2021; P.L. 2021, ch. 24,  1, effective May 27, 2021. 
 23-17.5-34. Nursing staff posting requirements. (a) Each nursing facility shall post its daily direct care nurse staff levels by shift in a public place within the nursing facility that is readily accessible to and visible by residents, employees, and visitors. The posting shall be accurate to the actual number of direct care nursing staff on duty for each shift per day. The posting shall be in a format prescribed by the director, to include:  (1) The number of registered nurses, licensed practical nurses, certified nursing assistants, medication technicians, licensed physical therapists, licensed occupational therapists, licensed speech-language pathologists, mental health workers who are also certified nurse assistants, and physical therapist assistants;  (2) The number of temporary, outside agency nursing staff;  (3) The resident census as of twelve oclock (12:00) a.m.; and  (4) Documentation of the use of unpaid eating assistants (if utilized by the nursing facility on that date).  (b) The posting information shall be maintained on file by the nursing facility for no less than three (3) years and shall be made available to the public upon request.  (c) Each nursing facility shall report the information compiled pursuant to section (a) of this section and in accordance with department of health regulations to the department of health on a quarterly basis in an electronic format prescribed by the director. The director shall make this information available to the public on a quarterly basis on the department of health website, accompanied by a written explanation to assist members of the public in interpreting the information reported pursuant to this section.  (d) In addition to the daily direct nurse staffing level reports, each nursing facility shall post the following information in a legible format and in a conspicuous place readily accessible to and visible by residents, employees, and visitors of the nursing facility:  (1) The minimum number of nursing facility direct care staff per shift that is required to comply with the minimum staffing level requirements in  23-17.5-32; and  (2) The telephone number or internet website that a resident, employee, or visitor of the nursing facility may use to report a suspected violation by the nursing facility of a regulatory requirement concerning staffing levels and direct patient care.  (e) No nursing facility shall discharge or in any manner discriminate or retaliate against any resident of any nursing facility, or any relative, guardian, conservator, or sponsoring agency thereof or against any employee of any nursing facility or against any other person because the resident, relative, guardian, conservator, sponsoring agency, employee, or other person has filed any complaint or instituted or caused to be instituted any proceeding under this chapter, or has testified or is about to testify in any such proceeding or because of the exercise by the resident, relative, guardian, conservator, sponsoring agency, employee, or other person on behalf of himself, herself, or others of any right afforded by  23-17.5-32, 23-17.5-33, and 23-17.5-34. Notwithstanding any other provision of law to the contrary, any nursing facility that violates any provision of this section shall:  (1) Be liable to the injured party for treble damages; and  (2)(i) Reinstate the employee, if the employee was terminated from employment in violation of any provision of this section; or  (ii) Restore the resident to the residents living situation prior to such discrimination or retaliation, including the residents housing arrangement or other living conditions within the nursing facility, as appropriate, if the residents living situation was changed in violation of any provision of this section. For purposes of this section, discriminate or retaliate includes, but is not limited to, the discharge, demotion, suspension, or any other detrimental change in terms or conditions of employment or residency, or the threat of any such action.  (f)(1) The nursing facility shall prepare an annual report showing the average daily direct care nurse staffing level for the nursing facility by shift and by category of nurse to include:  (i) Registered nurses;  (ii) Licensed practical nurses;  (iii) Certified nursing assistants;  (iv) Medication technicians;  (v) Licensed physical therapists;  (vi) Licensed occupational therapists;  (vii) Licensed speech-language pathologists;  (viii) Mental health workers who are also certified nurse assistants;  (ix) Physical therapist assistants;  (x) The use of registered and licensed practical nurses and certified nursing assistant staff from temporary placement agencies; and  (xi) The nurse and certified nurse assistant turnover rates.  (2) The annual report shall be submitted with the nursing facilitys renewal application and provide data for the previous twelve (12) months and ending on or after September 30, for the year preceding the license renewal year. Annual reports shall be submitted in a format prescribed by the director.  (g) The information on nurse staffing shall be reviewed as part of the nursing facilitys annual licensing survey and shall be available to the public, both in printed form and on the departments website, by nursing facility.  (h) The director of nurses may act as a charge nurse only when the nursing facility is licensed for thirty (30) beds or less.  (i) Whenever the licensing agency determines, in the course of inspecting a nursing facility, that additional staffing is necessary on any residential area to provide adequate nursing care and treatment or to ensure the safety of residents, the licensing agency may require the nursing facility to provide such additional staffing and any or all of the following actions shall be taken to enforce compliance with the determination of the licensing agency:  (1) The nursing facility shall be cited for a deficiency and shall be required to augment its staff within ten (10) days in accordance with the determination of the licensing agency;  (2) If failure to augment staffing is cited, the nursing facility shall be required to curtail admission to the nursing facility;  (3) If a continued failure to augment staffing is cited, the nursing facility shall be subjected to an immediate compliance order to increase the staffing, in accordance with  23-1-21; or  (4) The sequence and inclusion or non-inclusion of the specific sanctions may be modified in accordance with the severity of the deficiency in terms of its impact on the quality of resident care.  (j) No nursing staff of any nursing facility shall be regularly scheduled for double shifts.  (k) A nursing facility that fails to comply with the provisions of this chapter, or any rules or regulations adopted pursuant thereto, shall be subject to a penalty as determined by the department.  History of Section.P.L. 2021, ch. 23,  1, effective May 27, 2021; P.L. 2021, ch. 24,  1, effective May 27, 2021. 
 23-17.5-35. Staffing plan. (a) There shall be a master plan of the staffing pattern for providing twenty-four-hour (24) direct care nursing service; for the distribution of direct care nursing personnel for each floor and/or residential area; for the replacement of direct care nursing personnel; and for forecasting future needs.  (b)(1) The staffing pattern shall include provisions for registered nurses, licensed practical nurses, certified nursing assistants, medication technicians, licensed physical therapists, licensed occupational therapists, licensed speech-language pathologists, mental health workers who are also certified nurse assistants, physical therapist assistants, and other personnel as required.  (2) The number and type of nursing personnel shall be based on resident care needs and classifications as determined for each residential area. Each nursing facility shall be responsible to have sufficient qualified staff to meet the needs of the residents.  (3) At least one individual who is certified in basic life support must be available twenty-four (24) hours a day within the nursing facility.  (4) Each nursing facility shall include direct caregivers, including at least one certified nursing assistant, in the process to create the master plan of the staffing pattern and the federally mandated facility assessment. If the certified nursing assistants in the nursing facility are represented under a collective bargaining agreement, the bargaining unit shall coordinate voting to allow the certified nursing assistants to select their representative.  History of Section.P.L. 2021, ch. 23,  1, effective May 27, 2021; P.L. 2021, ch. 24,  1, effective May 27, 2021. 
 23-17.5-36. Enhanced training. The department of labor and training shall provide grants from its workforce development resources to eligible nursing facilities for enhanced training for direct care and support services staff to improve resident quality of care and address the changing healthcare needs of nursing facility residents due to higher acuity and increased cognitive impairments. The department will work with stakeholders, including labor representatives, to create the eligibility criteria for the grants. In order for facilities to be eligible they must pay their employees at least fifteen dollars ($15.00) per hour, have staff retention above the statewide median, and comply with the minimum staffing requirements.  History of Section.P.L. 2021, ch. 23,  1, effective May 27, 2021; P.L. 2021, ch. 24,  1, effective May 27, 2021. 
 23-17.5-37. Access to nursing homes and long-term care facilities for essential caregivers during declared emergency.  (a) For purposes of this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:  (1) Declaration of disaster emergency means a disaster emergency declared by the governor pursuant to  30-15-9.  (2) Essential caregiver means an individual, whether a family member or friend of a resident of a nursing home or long-term care facility, who is designated by the resident or appointed by an individual with decision-making authority for the resident to provide physical or emotional support to the resident during a declaration of disaster emergency.  (3) Nursing home or long-term care facility means a facility licensed by the department of health, including a long-term care facility, a skilled nursing facility, an assisted living facility, a personal care home, or an older adult daily living center.  (b) The department of health shall establish rules and regulations to allow a resident of a nursing home or long-term care facility or an individual with decision-making authority for the resident to designate an individual as the residents essential caregiver during a declaration of disaster emergency. An essential caregiver shall meet the necessary qualifications to enter the long-term care facility to provide in-person physical or emotional support to a resident of a nursing home or long-term care facility in accordance with the rules and regulations established pursuant to this section. The rules and regulations shall include, but not be limited to, all of the following:  (1) Safety measures for an essential caregiver, including, but not limited to, restrictions on travel, enhanced testing for communicable diseases, and the necessary safety equipment required to protect the health and safety of the residents of the nursing home or long-term care facility.  (2) Requirements allowing an essential caregiver to have regular and sustained in-person visitation and physical access to a resident of the nursing home or long-term care facility. These requirements may limit the nature and extent of this access, when taking into consideration public safety concerns, but shall not totally exclude an essential caregivers presence.  (3) Procedures to replace an essential caregiver due to necessary circumstances, including illness or death of the essential caregiver.  (4) A duration, not to exceed thirty (30) days, when a nursing home or long-term care facility may enter a lock-down phase for the purpose of establishing safety measures for residents of the nursing home or long-term care facility and the essential caregivers.  (c)(1) A nursing home or long-term care facility may establish additional safety requirements to protect the residents of the nursing home or long-term care facility if the requirements meet all of the following criteria:  (i) The requirements are directly linked to a declaration of disaster emergency.  (ii) The requirements are not so burdensome and onerous as to substantially prevent an essential caregiver from being able to physically or emotionally support a resident of the nursing home or long-term care facility in person.  (2) A nursing home or long-term care facility may suspend access to the nursing home or long-term care facility for an essential caregiver who violates the rules and regulations established under subsection (b) of this section, and the long-term care facility shall allow the resident, or an individual with decision-making authority for the resident, to immediately designate a replacement essential caregiver.  (d) A nursing home or long-term care facility may require an essential caregiver to provide personal protective equipment for himself or herself or assume the cost of the personal protective equipment provided by the facility to allow the essential caregiver to provide in-person physical or emotional support.  (e) The provisions of this section shall apply for the period commencing fifteen (15) days after a declaration of disaster emergency and until sixty (60) days after the termination or expiration of the declaration of disaster emergency by executive order, proclamation, or operation of law.  History of Section.P.L. 2021, ch. 198,  1, effective July 8, 2021; P.L. 2021, ch. 370,  1, effective July 16, 2021. 
 23-17.5-4. Rules of nursing homes. Each patient or his or her representative shall be provided with a copy of this chapter and shall be fully informed, as evidenced by the patients or his or her representatives written acknowledgment, prior to or at the time of admission or during stay, of all rules and regulations and policies pertaining to the rights of patients, and governing patient conduct and responsibilities. Notice shall be provided immediately to a patients legal guardian or a person who holds a power of attorney from the patient, or in the event the patient has no legal guardian or agent designated in the power of attorney for health care, then a person designated by the patient to be notified in case of emergencies, if there is an injury to the patient that required the attention of physician.  History of Section.P.L. 1978, ch. 235,  1; P.L. 1991, ch. 316,  2; P.L. 2001, ch. 392,  1. 
 23-17.5-5. Services and charges. Each patient shall be informed, in writing, prior to or at the time of admission and during his or her stay, of services available and of related charges, including all charges not covered either under federal and/or state programs, by other third-party payers, or by the facilitys basic per diem rate.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-6. Care by physician  Disclosure of patients medical condition. (a) Each patient admitted to a facility shall be and remain under the care of a physician as specified in policies adopted by the governing body.  (b) Each patient shall be informed by a physician of his or her medical condition unless medically contraindicated, as documented by a physician in his or her medical record, and shall be afforded the opportunity to participate in the planning of his or her medical treatment.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-7. Experimentation. If it is proposed that a patient be used in any human experimentation project, the patient shall first be thoroughly informed in writing of the proposal, and shall be offered the right to refuse to participate in the project. A patient who, after being thoroughly informed, wishes to participate, must execute a written statement of informed consent. The informed consent documentation shall be maintained on file in the facility.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-8. Grievances. Patients shall be encouraged and assisted to voice their grievances through a documented grievance mechanism established by the facility, involving patients, staff, and relatives of patients, which will insure patients freedom from restraints, interference, coercion, discrimination, or reprisal.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.5-9. Abuse. (a) Patients shall not be subject to mental and physical abuse, and shall be free from chemical and (except in emergencies) physical restraints except as authorized in writing by a physician for a specified and limited period of time for the protection of the patient.  (b) Restraining devices are generally prohibited. A controlling device to be used for the protection of the patient may be utilized only as prescribed in writing and signed by a physician. The length of time, the purpose, and the kind of restraint shall be specified in the physicians order.  (c) A training program in the use of restraints shall be required for all personnel providing direct patient care, and completion of the program shall be documented in the employees personnel record.  (d) If physical restraining devices are authorized by a physician in accordance with subsection (b), the patients next of kin or legal guardian shall be informed in writing of the purpose and duration of restraint. A copy of the communication shall be retained in the medical record for one year.  History of Section.P.L. 1978, ch. 235,  1. 
 23-17.6-1. Hospitals authorized to conduct. Any hospital licensed by the state department of health may conduct a program which meets or exceeds the minimum standards established by the ambulance service coordinating board utilizing advanced emergency medical technicians for the delivery of emergency care to the sick and injured at the scene of an emergency and during the transport to a hospital, while in the hospital emergency department, and until care responsibility is assumed by the regular hospital staff.  History of Section.P.L. 1973, ch. 155,  1; G.L. 1956,  23-16.1-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17.6-1; P.L. 1982, ch. 95,  3. 
 23-17.6-2. Advanced emergency medical technicians defined. For the purposes of this chapter, advanced emergency medical technician means personnel who have been specially trained in emergency cardiac and non-cardiac care in an advanced emergency medical technician course approved by the ambulance service coordinating board. The course shall include, but not be limited to, didactic and clinical experience in a hospital coronary care unit and emergency rescue vehicle and training in cardiopulmonary resuscitation.  History of Section.P.L. 1973, ch. 155,  1; G.L. 1956,  23-16.1-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17.6-2; P.L. 1983, ch. 281,  2. 
 23-17.6-3. Mobile intensive care unit nurse defined. For the purposes of this chapter, mobile intensive care unit nurse means a registered nurse who has been specially trained in hospital coronary care unit, intensive care unit, or emergency department procedures.  History of Section.P.L. 1973, ch. 155,  1; G.L. 1956,  23-16.1-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17.6-3; P.L. 1982, ch. 95,  3. 
 23-17.6-4. Technicians  Services authorized to render. Notwithstanding any other provision of law, advanced emergency medical technicians may do any of the following:  (1) Render rescue, first aid, and resuscitation services.  (2) During training at the hospital and while caring for patients in the hospital, administer parenteral medications under the direct supervision of a physician or registered nurse.  (3) Perform cardiopulmonary resuscitation, defibrillation, and cardioversions.  (4) Where communication is monitored by a physician (or a mobile intensive care unit nurse where authorized by a physician) and direct communication is maintained, may, upon order of the physician or the nurse, do any of the following:  (i) Administer intravenous saline or glucose solutions.  (ii) Perform gastric suction by intubation.  (iii) Administer parenteral injections of any of the following classes of drugs:  (A) Antiarrhythmic agents.  (B) Vagolytic agents.  (C) Chronotropic agents.  (D) Analgesic agents.  (E) Alkanizing agents.  (F) Vasopressor agents.  (iv) Perform any other procedures that may be authorized by the ambulance service coordinating board and for which the technician is trained.  (5) In the event that communications with the hospital cannot be established or maintained, perform those procedures that may be authorized by written orders appropriate to the condition of the patient and previously approved by the ambulance service coordinating board.  History of Section.P.L. 1973, ch. 155,  1; G.L. 1956,  23-16.1-4; P.L. 1979, ch. 39,  1; G.L. 1956,  27-17.6-4; P.L. 1982, ch. 95,  3. 
 23-17.6-5. Immunity from liability. (a) No person licensed and authorized pursuant to this chapter or rules and regulations promulgated pursuant to this chapter shall be liable for any civil damages for any act or omission in connection with EMS training, or in connection with services rendered outside a hospital, unless the act or omission is inconsistent with the level and scope of the persons training and experience, and unless the act or omission was the result of gross negligence or willful misconduct.  (b) No agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises the function of emergency medical services personnel licensed and authorized pursuant to this chapter, including advanced life support personnel, shall be liable for any civil damages for any act or omission in connection with sponsorship, authorization, support, finance, or supervision of the emergency medical services personnel, where the act or omission occurs in connection with EMS training, or with services rendered outside a hospital, unless the act or omission is inconsistent with the level and scope of the training of the emergency medical services personnel, and unless the act or omission was the result of gross negligence or willful misconduct.  (c) No principal, agent, contractor, employee, or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises any functions of emergency medical services personnel licensed and authorized pursuant to this chapter, or rules and regulations promulgated pursuant to this chapter including advanced life support personnel, shall be liable for any civil damages for any act or omission in connection with the sponsorship, authorization, support, finance, or supervision of the emergency medical services personnel, where the act or omission occurs in connection with EMS training, or occurs outside a hospital, unless the act or omission is inconsistent with the level and scope of the training of the emergency medical services personnel, and unless the act or omission was the result of gross negligence or willful misconduct.  (d) No physician, who in good faith arranges for, requests, recommends, or initiates the transfer of a patient from a hospital to a critical medical care facility in another hospital, shall be liable for any civil damages as a result of the transfer where sound medical judgment indicates that the patients medical condition is beyond the care capability currently available in the transferring hospital or the medical community in which that hospital is located, and where a prior agreement exists from the transferee facility to accept and render necessary treatment to these patients.  History of Section.P.L. 1973, ch. 155,  1; G.L. 1956,  23-16.1-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17.6-5; P.L. 1982, ch. 95,  3. 
 23-17.7.1-1. Declaration of purpose. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards:  (1) For the licensing of nursing service agencies; and  (2) To promote safe and adequate care for individuals receiving nursing and nursing related services.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-10. Regulations, inspections, and investigations. The licensing agency shall, after a public hearing pursuant to chapter 35 of title 42, give notice, adopt, amend, promulgate, and enforce any rules and regulations and standards with respect to nursing service agencies to be licensed under this chapter that may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate care of individuals receiving nursing and nursing assistant services, in the interest of public health, safety, and welfare. All licensed nursing service agencies shall be required to protect clients by insuring that all persons whom it employs receive training and/or competency evaluation pursuant to the provisions of  23-17.9-3 and 23-17.7-11. The licensing agency shall make or cause to be made any inspections and investigations that it deems necessary including service records.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-11. Training and/or competency evaluation program for nursing assistants. Every individual who is employed to provide nursing assistant services shall be required to be registered as required by chapter 17.9 of this title.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-12. Nursing service agency employees identification. (a) Any employee of a nursing service agency upon employment and prior to placement shall be provided with a photo identification which shall be worn on the employees person while the employee is working.  (b) The photo identification shall be a recent photograph of the employee and shall include the employees name, certificate, or licensing number with expiration date and the name of the nursing service agency.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-13. Agencies to which chapter inapplicable. (a) The provisions of this chapter shall not be construed to apply to hospices, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants and the duties of the individuals shall be the same as those prescribed by regulations.  (b) Training Thru Placement, Inc., and the respite care services provided to the developmentally disabled by Training Thru Placement, Inc., shall be exempted from the provisions of this chapter.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-14. Agencies to which chapter inapplicable. The provisions of this chapter shall not be construed to apply to hospitals, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants and the duties of the individuals shall be the same as those prescribed by regulations.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-15. Nursing service agencies exempt. The provisions of this chapter shall not apply to: (1) Nursing service agencies and nursing exempt from regulation by the state;  (2) Visiting nursing services or home health services conducted by and for those who rely exclusively upon spiritual means through prayer alone in accordance with the creed or tenets of a recognized church or religious denomination; or  (3) Nursing service agencies who limit the provision of temporary staff, including registered nurses, licensed practical nurses, or nursing assistants, to one or more hospitals provided that such nursing service agency maintain certification from the joint commission on the accreditation of health care organizations or such other accreditation entity acceptable to the director.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-16. Severability. If any provision of this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-17. Criminal records review. (a) Any person seeking employment in a facility who is, or is required to be, licensed or registered with the department of health if that employment involves routine contact with a patient or resident without the presence of other employees, shall undergo a national criminal records check that shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department of attorney general. The national criminal records check shall be initiated prior to, or within one week of, employment. All persons who, as of September 30, 2014, are already employed by a covered facility and all persons who, as of such date, already provide services under this chapter, shall be exempt from the requirements of this section for purposes of their current employment only.  (b) The director of the department of health may, by rule, identify those positions requiring national criminal records checks. The employee, through the employer, shall apply to the bureau of criminal identification of the department of attorney general for a national criminal records check. Upon the discovery of any disqualifying information as defined in  23-17.7.1-20, and in accordance with the rule promulgated by the director of the department of health, the bureau of criminal identification of the department of attorney general will inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the employer, in writing, that disqualifying information has been discovered.  (c) An employee against whom disqualifying information under  23-17.7.1-20(b) has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee.  (d) In those situations in which no disqualifying information has been found, the bureau of criminal identification of department of attorney general shall inform the applicant and the employer, in writing, of this fact.  (e) The employer shall maintain on file, subject to inspection by the department of health, evidence that criminal records checks have been initiated on all employees seeking employment between October 1, 1991, and September 30, 2014, and the results of the checks. The employer shall maintain on file, subject to inspection by the department of health, evidence that national criminal records checks have been initiated on all employees seeking employment on or after October 1, 2014, and the results of those checks. Failure to maintain that evidence would be grounds to revoke the license or registration of the employer.  (f) The employee shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of attorney general.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2; P.L. 2008, ch. 475,  49; P.L. 2014, ch. 347,  6; P.L. 2014, ch. 399,  6. 
 23-17.7.1-18. Prior criminal records checks. If an applicant for employment has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification or local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-19. Rules and regulations. The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-2. Definitions. (a) Director means the director of the state department of health;  (b) Licensing agency means the state department of health;  (c) Nursing assistant is defined as a nursing, orderly, or home health aide who is a paraprofessional trained to give personal care and related health care and assistance based on his or her level of preparation to individuals who are sick, disabled, dependent, or infirmed. The director of the department of health may by regulation establish different levels of nursing assistants;  (d) Nursing service agency is defined as any person, firm, partnership, or corporation doing business within the state that supplies, on a temporary basis, registered nurses, licensed practical nurses, or nursing assistants to a hospital, nursing home, or other facility requiring the services of those persons, with the exception of hospitals, home nursing care providers, home care providers, and hospices licensed in this state. For all purposes a nursing service agency shall be considered an employer and those persons that it supplies on a temporary basis shall be considered employees and not independent contractors, and the nursing service agency shall be subject to all state and federal laws which govern employer-employee relations;  (e) Service record means the written entire documenting service rendered by the nursing service agency.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-20. Disqualifying information. (a) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from the employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature), felony assault, patient abuse, neglect or mistreatment of patients, first-degree arson, robbery, felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect, and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny, or felony banking law violations or a crime under section 1128(a) of the Social Security Act (42 U.S.C.  1320a-7(a)).  (b) Information produced by a national criminal records check pertaining to convictions for crimes other than those listed in subsection (a) of this section shall entitle, but not obligate the employer, to decline to hire the applicant. An employee against whom conviction information related to this subsection has been found may provide a copy of the national criminal records check to the employer who shall make a determination regarding the continued employment of the employee.  (c) For purposes of this section conviction means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2; P.L. 2014, ch. 347,  6; P.L. 2014, ch. 399,  6. 
 23-17.7.1-21. Immunity from liability. No employer who disqualifies an individual from employment or continued employment within thirty (30) days of receipt of a letter containing disqualifying information as defined in  23-17.7.1-20 or of a criminal background report relating to that information shall be liable for civil damages or subject to any claim, cause of action, or proceeding of any nature as a result of the disqualification.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-3. Licensing of nursing service agencies  Rules governing establishment of fees. (a) The director may establish reasonable fees for the licensure application, licensure renewal, and administrative actions under this chapter. Annual licensure fees shall be five hundred dollars ($500) per licensee.  (b) The department of health shall promulgate licensure standards, and rules and regulations governing the operation of nursing service agencies to protect the health and welfare of patients. These regulations shall include, but not be limited to, employee bonding, maintenance of service records, and appropriate staff professional registration and certification, licensure training, supervision, health screening and liability insurance.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-4. License required for nursing service agencies. No person shall establish, conduct, or maintain a nursing service agency in this state without a license issued pursuant to this chapter.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-5. Application for license. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain any information that the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with reasonable standards and the rules and regulations as issued pursuant to this chapter. Each application shall be accompanied by payment of the fees prescribed in accordance with  23-17.7.1-3.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-6. Issuance of license  Posting  Transfer conditions. Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant meets the requirements established under this chapter, and any reasonable rules and regulations that may be established in accordance with the requirements established under this chapter. The license shall be conspicuously posted on the licensed premises. Each license shall be issued only to person(s) named in the application and shall not be transferable or assignable except with the prior written approval of the licensing agency. Any change in owner or operation of a licensed nursing service agency shall require approval of the licensing agency as a condition precedent to the transfer, assignment, or issuance of a new license.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-7. Expiration and renewal of license. A license shall be for one year and shall expire on the thirty-first (31st) day of December following its issuance and may be renewed from year to year after inspection, report, approval, and collection of fees by the licensing agency. The inspection shall be made any time prior to the date of expiration of the license. The report shall contain information in any form that the licensing agency shall prescribed by regulation.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-8. Denial, suspension, or revocation of license. The licensing agency, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under and pursuant to this chapter. The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of the mailing or service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of the hearing, or upon the failure of the applicant or licensee to appear, the licensing agency shall make a determination specifying its findings of fact and conclusion of law. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant or licensee. The decision denying, suspending, or revoking the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within the thirty (30) day period, appeals the decision pursuant to  42-35-15. The procedure governing hearings authorized by this section shall be in accordance with  42-35-9  42-35-13 as stipulated in  42-35-14(a). A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to  42-35-15. A copy or copies of the transcript may be obtained by an interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7.1-9. Judicial review of license action. Any person who has exhausted all administrative remedies available to him or her within the licensing agency, and who is aggrieved by a final decision of the licensing agency, is entitled to judicial review in accordance with the provisions of  42-35-15 and 42-35-16.  History of Section.P.L. 2005, ch. 127,  2; P.L. 2005, ch. 168,  2. 
 23-17.7-1  23-17.7-21. Repealed.
 23-17.8-1. Definitions. (a)(1) Abuse means:  (i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, kicking, pinching, slapping, or the pulling of hair; provided, however, unless it is required as an element of the offense charged, it shall not be necessary to prove that the patient or resident was injured by the assault;  (ii) Any assault as defined in chapter 37 of title 11;  (iii) Any offense under chapter 10 of title 11;  (iv) Any conduct which harms or is likely to physically harm the patient or resident except where the conduct is a part of the care and treatment, and in furtherance of the health and safety of the patient or resident; or  (v) Intentionally engaging in a pattern of harassing conduct which causes or is likely to cause emotional or psychological harm to the patient or resident, including but not limited to, ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident or cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm on a patient or resident.  (2) Nothing in this section shall be construed to prohibit the prosecution of any violator of this section under any other chapter.  (b) Department means the department of health when the incident occurs in a health care facility, and the department of behavioral healthcare, developmental disabilities and hospitals when the incident occurs in a community residence for people who are mentally retarded or persons with developmental disabilities.  (c) Facility means any health care facility or community residence for persons who are mentally retarded, or persons with developmental disabilities as those terms are defined in this section. Health care facility means any hospital or facility which provides long-term health care required to be licensed under chapter 17 of this title, and any assisted living residence required to be licensed under chapter 17.4 of this title, and any community residence whether privately or publicly owned. Community residence for persons who are mentally retarded or persons with developmental disabilities means any residential program licensed by the department of behavioral healthcare, developmental disabilities and hospitals which meets the definition of a community residence as defined in  40.1-24-1(2) and provides services to people who are mentally retarded or persons with developmental disabilities.  (d) High Managerial Agent means an officer of a facility, the administrator and assistant administrator of the facility, the director and assistant director of nursing services, or any other agent in a position of comparable authority with respect to the formulation of the policies of the facility or the supervision in a managerial capacity of subordinate employees.  (e) Mistreatment means the inappropriate use of medications, isolation, or use of physical or chemical restraints:  (1) As punishment;  (2) For staff convenience;  (3) As a substitute for treatment or care;  (4) In conflict with a physicians order; or  (5) In quantities which inhibit effective care or treatment, or which harms or is likely to harm the patient or resident.  (f) Neglect means the intentional failure to provide treatment, care, goods, and services necessary to maintain the health and safety of the patient or resident, or the intentional failure to carry out a plan of treatment or care prescribed by the physician of the patient or resident, or the intentional failure to report patient or resident health problems or changes in health problems or changes in health conditions to an immediate supervisor or nurse, or the intentional lack of attention to the physical needs of a patient or resident including, but not limited to toileting, bathing, meals, and safety. No person shall be considered to be neglected for the sole reason that he or she relies on or is being furnished treatment in accordance with the tenets and teachings of a well-recognized church or denomination by a duly-accredited practitioner of a well-recognized church or denomination.  (g) Patient means any person who is admitted to a facility for treatment or care, while resident means any person who maintains their residence or domicile, on either a temporary or permanent basis, in a facility.  (h) Person means any natural person, corporation, partnership, unincorporated association, or other business entity.  (i) Immediate jeopardy means a situation in which the nursing facilitys alleged noncompliance with one or more state or federal requirements or conditions has caused, or is likely to cause serious injury, harm, impairment or death to a resident; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.  (j) Non-immediate jeopardy  high potential for harm means a situation in which a nursing facilitys alleged noncompliance with one or more state or federal requirements or conditions may have caused harm that negatively impacts the individuals mental, physical and/or psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.  (k) Non-immediate jeopardy  medium potential for harm means a situation in which a nursing facilitys alleged noncompliance with one or more state or federal requirements or conditions has caused or may have caused harm that is of limited consequence and does not significantly impair the individuals mental, physical and/or psychosocial status to function; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.  (l) Non-immediate jeopardy  low potential for harm means a situation in which a nursing facilitys alleged noncompliance with one or more state or federal requirements or conditions may have caused mental, physical and/or psychosocial discomfort that does not constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.  History of Section.P.L. 1987, ch. 409,  1; P.L. 1988, ch. 211,  1; P.L. 1989, ch. 504,  1; P.L. 1991, ch. 235,  1; P.L. 1991, ch. 240,  3; P.L. 1991, ch. 318,  1; P.L. 1992, ch. 423,  1; P.L. 1993, ch. 386,  1; P.L. 1994, ch. 317,  1; P.L. 1999, ch. 83,  51; P.L. 1999, ch. 130,  51; P.L. 2005, ch. 156,  4; P.L. 2005, ch. 248,  4; P.L. 2006, ch. 361,  2; P.L. 2006, ch. 501,  2. 
 23-17.8-10.1. License revocation. Any person who is convicted of a violation of this chapter, except the posting requirement, shall forfeit any professional license or certification. Nothing in this section shall be construed to prevent the revocation or suspension of any professional license or certification whose plea or sentence shall not constitute a conviction under the laws of this state.  History of Section.P.L. 1991, ch. 318,  5. 
 23-17.8-10. Penalties. (a) Any person who knowingly commits any act of abuse, as that term is defined by  23-17.8-1(a)(1)(i), (ii), (iii), or (iv), mistreatment, or neglect against a patient or resident of a facility shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or both.  (b) Any person who commits any act of abuse as that term is defined by  23-17.8-1(a)(1)(v) against a patient or resident of a facility shall be fined not more than five hundred dollars ($500) or imprisoned not more than one year, or both.  (c) If at the time of the alleged patient abuse, neglect, or mistreatment, the person committing the act was employed by a facility which either condoned or attempted to conceal the act or acts, that facility upon conviction shall be fined not more than five thousand dollars ($5,000).  (d) Any member of the board of directors or a high managerial agent of a facility who condones or conceals any acts of abuse, neglect or mistreatment of patients or residents of the facility shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or both.  History of Section.P.L. 1992, ch. 423,  3; P.L. 1993, ch. 386,  1; P.L. 1994, ch. 317,  7. 
 23-17.8-11. Records of the department of health. In any administrative, civil, or criminal proceeding in which the status of the license of any facility which is licensed or was licensed by the department of health is in issue, certified copies of relevant documents on file with the department and the certified statement of the director, his or her equivalent or his or her duly appointed designee as to the status of the license, shall be admissible as evidence of the status of the license, subject to the right of the defendant to subpoena these records in rebuttal. Upon request, copies shall be provided to the person or his or her counsel at least three (3) days before the proceeding.  History of Section.P.L. 1991, ch. 318,  6; P.L. 1993, ch. 386,  1. 
 23-17.8-12. Records of the department of behavioral healthcare, developmental disabilities and hospitals. In any administrative, civil, or criminal proceeding in which the status of the license of any facility which is licensed by the department of behavioral healthcare, developmental disabilities and hospitals is in issue, certified copies of relevant documents on file with the department and the certified statement of the director, his or her equivalent or his or her duly appointed designee as to the status of the license, shall be admissible as evidence of the status of the license, subject to the right of the defendant to subpoena these records in rebuttal. Upon request, copies shall be provided to the person or his or her counsel at least three (3) days before the proceeding.  History of Section.P.L. 1991, ch. 318,  7; P.L. 1993, ch. 386,  1. 
 23-17.8-13. Use of photostatic copies. (a) Proof of residence status of patients/residents. For purposes of this chapter, the status of the residence of a patient or resident of a facility as that term is defined by  23-17.8-1(c) may be proved by the contents of a medical chart or record of a facility in which the patient or resident resides or resided.  (b) Use of photostatic copies of medical records; Originals held available. Medical charts or records of any facility licensed under the laws of this state that are susceptible to photostatic reproduction may be proved as to foundation, identity and authenticity without any preliminary testimony, by the use of legible and durable copies in accordance with the provisions set forth in  9-19-39.  History of Section.P.L. 1991, ch. 318,  8; P.L. 1993, ch. 386,  1. 
 23-17.8-14. Severability. If any provision of this chapter or the application of any provision to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 1993, ch. 386,  2. 
 23-17.8-2. Duty to report. (a) Any physician, physician assistant, medical intern, registered nurse, licensed practical nurse, nurses aide, orderly, certified nursing assistant, medical examiner, dentist, optometrist, optician, chiropractor, podiatrist, coroner, police officer, probation officer, emergency medical technician, firefighter, speech pathologist, audiologist, social worker, pharmacist, physical or occupational therapist, or health officer, or any person, within the scope of their employment at a facility or in their professional capacity, who has knowledge of or reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, or neglected, either while in the facility or prior to being admitted, shall make, within twenty-four (24) hours or by the end of the next business day, a telephone report to the director of the department of health, or his or her designee, for those incidents involving healthcare facilities, and in addition to the office of the state long-term care ombudsperson for those incidents involving nursing facilities, assisted living residences, home-care and home nursing-care providers, veterans homes and long-term care units in Eleanor Slater hospital, or to the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her designee, for those incidents involving community residences for people with developmental disabilities or the director of the office of healthy aging for individuals aged sixty (60) years or older. The report shall contain:  (1) The name, address, telephone number, occupation, and employers address and the phone number of the person reporting;  (2) The name and address of the patient or resident who is believed to be the victim of the abuse, mistreatment, or neglect;  (3) The details, observations, and beliefs concerning the incident(s);  (4) Any statements regarding the incident made by the patient or resident and to whom they were made;  (5) The date, time, and place of the incident;  (6) The name of any individual(s) believed to have knowledge of the incident;  (7) The name of any individual(s) believed to have been responsible for the incident;  (8) The name of the individuals caregiver, if known;  (9) Any medical treatment being received if immediately required and need to coordinate care, if known;  (10) Any other information the reporter believes relevant to the investigation; and  (11) The name and address of the reporter and where the reporter can be contacted. The reporters identity shall remain confidential unless disclosure is consented to by the reporter or by court order.  (b) In addition to those persons required to report pursuant to this section, any other person may make a report if that person has reasonable cause to believe that a patient or resident of a facility has been abused, mistreated, or neglected. Additional provisions for the reporting of abuse of individuals regardless of where they reside in the community are set forth in  42-66-8.  (c) Any person required to make a report pursuant to this section shall be deemed to have complied with these requirements if a report is made to a high managerial agent of the facility in which the alleged incident occurred. Once notified, the high managerial agent shall be required to meet all reporting requirements of this section within the time frames specified by this chapter.  (d) Telephone reports made pursuant to this section shall be followed-up within three (3) business days with a written report.  (e) Individuals required to report pursuant to this section shall, whenever practical and if known, provide the office of healthy aging twenty-four hour (24) notice of the discharge from a facility, of any person subject to abuse or neglect and shall include any relevant address and telephone number(s).  (f) No person required to report pursuant to this section shall be liable in any civil or criminal action by reason of the report; provided, however, that the person did not perpetrate, inflict, or cause the abuse. No employer or supervisor may discharge, demote, transfer, reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to an employee or supervisee who files a report in accordance with the provisions of this section by reason of the report.  History of Section.P.L. 1987, ch. 409,  1; P.L. 1989, ch. 504,  1; P.L. 1991, ch. 235,  1; P.L. 1991, ch. 318,  2; P.L. 1992, ch. 423,  1; P.L. 1993, ch. 386,  1; P.L. 1994, ch. 317,  2; P.L. 1999, ch. 83,  51; P.L. 1999, ch. 130,  51; P.L. 2006, ch. 361,  2; P.L. 2006, ch. 501,  2; P.L. 2012, ch. 254,  2; P.L. 2012, ch. 264,  2; P.L. 2019, ch. 107,  1; P.L. 2019, ch. 142,  1. 
 23-17.8-3.1. Physicians, certified registered nurse practitioners and physician assistants report of examination  Duty of facility. Whenever a facility shall receive a report by a person other than a physician or a certified registered nurse practitioner or physician assistant that a patient or resident of the facility has been harmed as a result of abuse, neglect, or mistreatment, the facility shall have the patient examined by a licensed physician or a certified registered nurse practitioner or physician assistant. It shall be mandatory for the physician or certified registered nurse practitioner or physician assistant to make a preliminary report of his or her findings to the department of health for a healthcare facility, or to the department of behavioral healthcare, developmental disabilities and hospitals for a community residence for people who are mentally retarded or persons with developmental disabilities and to the facility within forty-eight (48) hours after his or her examination, and a written report within five (5) days after his or her examination.  History of Section.P.L. 1988, ch. 563,  1; P.L. 1991, ch. 235,  1; P.L. 1992, ch. 423,  1; P.L. 1993, ch. 386,  1; P.L. 1994, ch. 317,  4; P.L. 1999, ch. 83,  51; P.L. 1999, ch. 130,  51; P.L. 2002, ch. 405,  1; P.L. 2012, ch. 254,  2; P.L. 2012, ch. 264,  2. 
 23-17.8-3. Penalty  Failure to report. (a) Any person required to make a report as provided by  23-17.8-2 and who fails to do so, shall be guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($500).  (b) Any person who alters or changes without authorization or destroys or renders unavailable a report made by another pursuant to  23-17.8-2 shall be deemed guilty of a misdemeanor and be fined not more than five hundred dollars ($500).  (c) Any person who attempts to induce another to fail to report an incident of abuse, mistreatment, or neglect shall be deemed guilty of a misdemeanor and be punished by a fine of not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both.  (d) Any person being a high managerial agent who fails to report an incident of abuse, mistreatment, or neglect after another has reported an incident of abuse, neglect or mistreatment to an appropriate agent pursuant to  23-17.8-2 shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000), or imprisoned for more than one year, or both.  History of Section.P.L. 1987, ch. 409,  1; P.L. 1989, ch. 504,  1; P.L. 1991, ch. 235,  1; P.L. 1992, ch. 423,  1; P.L. 1994, ch. 317,  3. 
 23-17.8-4. Immunity from liability. (a) Any person who in good faith makes an oral or written report pursuant to  23-17.8-2, excluding any perpetrator or conspirator of the patient abuse, mistreatment, or neglect, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made the report. No facility shall discharge or in any manner discriminate or retaliate against any person who in good faith makes a report, testifies, or is about to testify in any proceeding about the abuse, mistreatment, or neglect of patients or residents in the facilities.  (b) No facility shall discharge, threaten, or in any manner discriminate or retaliate against any employee regarding the employees compensation, terms, conditions, location, duration, or privileges of employment because:  (1) The employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, or who, in good faith, makes a report, testifies, or is about to testify in any proceeding, about the abuse, mistreatment, or neglect of patients or residents in the facility, unless the employee knows or has reason to know that the report is false; or  (2) An employee is requested by a public body to testify or participate in an investigation, hearing, or inquiry held by that public body, or a court action.  (c) For the purposes of this section, public body means all of the following:  (1) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government.  (2) An agency, board, commission, council, member, or employee of the legislative branch of state government.  (3) A law enforcement agency or any member or employee of a law enforcement agency.  (4) The judiciary and any member or employee of the judiciary.  History of Section.P.L. 1987, ch. 409,  1; P.L. 1991, ch. 235,  1; P.L. 1992, ch. 423,  1; P.L. 1993, ch. 386,  1; P.L. 1994, ch. 317,  5. 
 23-17.8-5. Non-retaliation or discrimination. (a) A person who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief, damages, or both within three (3) years after the occurrence of the alleged violation of  23-17.8-4.  (b) A facility which discharges, discriminates, or retaliates against a person who is about to make a report, makes a report, testifies, or is about to testify in any proceeding shall be liable to the person so discharged, discriminated, or retaliated against, for treble damages, costs, and attorneys fees. Where a facility discharges, demotes, or retaliates by any other means against a person after he or she has made a report, testified, or was subpoenaed to testify as a result of a report required by this chapter, there shall be a rebuttable presumption that the facility discharged, demoted, or retaliated against that person as a result of his or her report or testimony.  (c) Any action commenced pursuant to this section may be brought in the superior court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person/facility against whom the civil complaint is filed resides or has their principal place of business.  (d) An employee shall show by clear and convincing evidence that he or she or a person acting on his or her behalf was about to report, reported, was about to testify, or testified, verbally or in writing, about a violation of this chapter.  (e) A court, in rendering a judgment in an action brought under  23-17.8-4 shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, treble damages, or any combination of these remedies. A court shall also award the complainant the costs of litigation, including attorneys fees. This section shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement.  History of Section.P.L. 1987, ch. 409,  1; P.L. 1993, ch. 386,  1. 
 23-17.8-6. Abrogation of privilege. Any privilege established by chapter 37.3 of title 5 or any professional code, relating to the exclusion of confidential communications and/or the competency of witnesses, may not be invoked in any civil or criminal action arising out of a report made pursuant to this chapter or the failure to make a report as required by this chapter.  History of Section.P.L. 1987, ch. 409,  1. 
 23-17.8-7.1. Penalty  Failure to post requirements. Any facility that fails to post, after written notice, the requirements of this chapter pursuant to  23-17.8-7 shall be fined not more than five hundred ($500) dollars per day of the occurrence.  History of Section.P.L. 1991, ch. 318,  3. 
 23-17.8-7. Notice  Posting provisions. A notice of the reporting requirements imposed under this chapter, and of the penalty imposed for failure to report, shall be conspicuously posted on each floor of any facility required to be licensed under the provisions of chapter 17 of this title, chapter 17.4 of this title or chapter 24 of title 40.1.  History of Section.P.L. 1987, ch. 409,  1; P.L. 1990, ch. 414,  2. 
 23-17.8-8. Requirements additional. Nothing contained in this chapter shall be deemed to abrogate, contravene, or diminish the reporting requirements contained in  40-11-3, 40-11-3.1, 40-11-6, 40.1-5-40.1, or 42-66-8.  History of Section.P.L. 1987, ch. 409,  1; P.L. 1994, ch. 317,  6. 
 23-17.8-9. Duties of the directors of the department of health and the department of behavioral healthcare, developmental disabilities and hospitals. The directors of the department of health and the department of behavioral healthcare, developmental disabilities and hospitals or their designee shall:  (1) Immediately notify the attorney general or his or her designee upon receipt of an oral or written report made pursuant to  23-17.8-2;  (2) Investigate and evaluate the information reported in the reports. The investigation and evaluation shall be made within twenty-four (24) hours if the department has reasonable cause to believe the patients or residents health or safety is in immediate jeopardy; within seven (7) days for reports deemed by the department to be of non-immediate jeopardy  high potential for harm; within twenty-one (21) days for reports deemed by the department to be of non-immediate jeopardy  medium potential for harm; and within sixty (60) days for reports deemed by the department to be of non-immediate jeopardy  low potential for harm. The investigation shall include a visit to the facility, an interview with the patient or resident allegedly abused, mistreated, or neglected, a determination of the nature, extent, and cause or causes of the injuries, the identity of the person or persons responsible for the injuries, and all other pertinent facts. The determination shall be in writing;  (3) Evaluate the environment at the facility named in the report and make a written determination of the risk of physical or emotional injury to any other patients or residents in the same facility;  (4) Forward to the attorney general within a reasonable time after a case is initially reported pursuant to  23-17.8-2, subject to subdivision (1), a summary of the findings and recommendations on each case;  (5) If the director or the directors designee has reasonable cause to believe that a patient or resident has died as a result of abuse, mistreatment, or neglect, immediately report the death to the attorney general and the office of the medical examiner. The office of the medical examiner shall investigate the report and communicate its preliminary findings, orally within seventy-two (72) hours, and in writing within seven (7) working days, to the attorney general. The office of the medical examiner shall also communicate its final findings and conclusions, with the basis for its final findings and conclusions, to the same parties within sixty (60) days;  (6) Promulgate any regulations that may be necessary to implement the provisions of this chapter;  (7) Maintain a file of the written reports prepared pursuant to this chapter. The written reports shall be confidential, but shall be released to the attorney general or to a court of competent jurisdiction, and may be released, upon written request and with the approval of the director or his or her designee, to the patient or resident, counsel, the reporting person or agency, the appropriate review board, or a social worker assigned to the case.  History of Section.P.L. 1987, ch. 409,  1; P.L. 1990, ch. 414,  2; P.L. 1991, ch. 235,  1; P.L. 1991, ch. 248,  3; P.L. 1992, ch. 423,  1; P.L. 1994, ch. 317,  6; P.L. 2005, ch. 156,  4; P.L. 2005, ch. 248,  4. 
 23-17.9-1. Declaration of purpose. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards by the department of health:  (1) For the training and registration of nursing assistants; and  (2) To ensure unified standards among nursing assistants and to promote safe and adequate care for individuals receiving nursing assistants health care services.  History of Section.P.L. 1987, ch. 564,  1; P.L. 1988, ch. 653,  2. 
 23-17.9-10. Enforcement. The director of health shall enforce the provisions of this chapter. The director or the directors duly authorized agents and the board shall be exempt from providing surety for costs in connection with the commencement of any legal proceedings under this chapter.  History of Section.P.L. 1987, ch. 564,  1. 
 23-17.9-11. Disposition of fees and fines. The proceeds of any fees collected pursuant to this chapter shall be deposited as general revenues.  History of Section.P.L. 1987, ch. 564,  1: P.L. 1988, ch. 653,  3; P.L. 1995, ch. 370, art. 40,  64. 
 23-17.9-12. Severability. If any provision of this chapter or the application of any provision to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 1988, ch. 653,  2. 
 23-17.9-13. Advisory board. The director of health is authorized to appoint an advisory board to advise the director on all matters relating to this chapter. The duties, powers, and membership of the board shall be enumerated through rules and regulations promulgated by the director.  History of Section.P.L. 1990, ch. 381,  2. 
 23-17.9-14. Adoption of regulations. The director is authorized to adopt regulations consistent with the provisions of this chapter, the Omnibus Budget Reconciliation Act of 1987 and the amendments and the federal regulations adopted under it. All registered nursing assistants and health care facilities subject to the provisions of this chapter must comply with the provisions of this chapter and with all the regulations adopted under this chapter, in order to obtain and/or maintain licensure/registration as a health care facility or nursing assistant.  History of Section.P.L. 1992, ch. 435,  3. 
 23-17.9-2. Definitions  Supervision of nursing assistants  Inapplicability of chapter. (a) As used in this chapter:  (1) Certifying agency means the state department of health.  (2) Director means the director of the state department of health, or his or her designee.  (3) Nursing assistant is defined as a nurses aide, orderly, or home health aide who is a paraprofessional trained to give personal care and related health care and assistance based on his or her level of preparation to individuals who are sick, disabled, dependent, or infirmed and who are residents of or who receive services from healthcare facilities licensed pursuant to chapter 17 of this title or receiving services from agencies licensed pursuant to chapter 17.7 of this title. The director of the department of health may, by regulation, establish different levels of nursing assistants.  (b) Nursing assistants shall be supervised by professional (registered nurses) and other appropriate professional members of a healthcare facility or physician.  (c) Notwithstanding any provision of this chapter, nothing in this section shall apply to those persons designated solely as personal-care attendants, or programs established and administered for the purpose of providing personal-care-attendant service, established by chapter 8.1 of title 40.  (d) No provision of this chapter shall apply to those persons who are actively matriculated in a bachelor of science in nursing, associate degree program in nursing, an accredited licensed practical nursing program, or registered nurse course of study in a national league for nursing accredited nursing program, provided those persons have completed a minimum of two (2) clinical courses and provided those individuals are supervised by a R.N.  (e) No provision of this chapter or of the rules and regulations pertaining to Rhode Island certificates of registration for nursing assistants, medication aides, and the approval of nursing assistant and medication aide training programs, including the provisions related to medication aides, shall apply to those persons who are actively matriculated in a bachelor of science in nursing, associate degree program in nursing, an accredited licensed practical nursing program, or registered nurse course of study in a national league for nursing accredited nursing program; provided, those persons have completed a minimum of two (2) clinical courses and appropriate training in medication administration and provided those individuals are supervised by a registered nurse.  History of Section.P.L. 1987, ch. 564,  1; P.L. 1988, ch. 653,  2; P.L. 1991, ch. 105,  1; P.L. 1991, ch. 301,  1; P.L. 1992, ch. 435,  2; P.L. 1993, ch. 73,  1; P.L. 2016, ch. 182,  1; P.L. 2016, ch. 191,  1. 
 23-17.9-3. Training and competency evaluation program for levels of nursing assistants. Standards for training and/or competency evaluation programs for nursing assistants and exemptions for applicants from the requirements of training programs shall be consistent with federal statutory and regulatory requirements and shall be defined according to the rules and regulations promulgated by the department of health. The national standards pertaining to nursing assistants, nurse aides-home health aides, and the national home caring council or its succeeding agency, (model curriculum and teaching guide for the instruction of homemaker-home health aide) and any other appropriate standards shall serve as guidelines in the development of regulatory standards for other levels of nursing assistants as determined by the director. The department may require a fee as set forth in  23-1-54 as an application fee for biennial training and competency evaluation program certification.  History of Section.P.L. 1987, ch. 564,  1; P.L. 1988, ch. 653,  2; P.L. 1990, ch. 381,  1; P.L. 1992, ch. 435,  2; P.L. 2001, ch. 77, art. 14,  30; P.L. 2007, ch. 73, art. 39,  33; P.L. 2012, ch. 241, art. 9,  42. 
 23-17.9-4. Duties of nursing assistants. The duties of each level of nursing assistant shall be defined according to the rules and regulations promulgated by the department of health.  History of Section.P.L. 1987, ch. 564,  1. 
 23-17.9-5. Qualifying examination. Nursing assistants as defined in  23-17.9-2 who are employed or have had experience as a nursing assistant prior to the enactment of this chapter, and the effective date of the regulations promulgated in relation to this chapter, shall pass the appropriate level of examination administered by the department approved by the director in lieu of the training program. Exempt from the qualifying examination are home health aides/homemakers who have successfully passed the qualifying examination and/or successfully completed an approved home health aide/homemaker program under the provisions of chapter 17.7 of this title and the regulations promulgated in relation to that chapter. Also exempt from the qualifying examination are classes of individuals, regardless of employment setting, who are exempted from examination by federal statute or regulations and these exemptions shall be defined according to rules and regulations promulgated by the department of health. Successful completion of the qualifying examination and the provisions of this section shall be deemed satisfactory for employment as a nursing assistant. Unless exempted by rules and regulations promulgated by the department of health, each application must be submitted with a processing fee as set forth in  23-1-54 to be paid by the employing facility or agency if the applicant has been continuously employed by the facility for six (6) months prior to the application or by another responsible party as defined in rules and regulations promulgated by the department of health consistent with federal statutory and/or regulatory requirements; but, if the applicant is unemployed, to be submitted by the applicant. If the applicant shall be continuously employed by the same facility for six (6) months after the application, then the fee shall be directly refunded to the applicant by the facility or agency. If federal statutory or regulatory requirements mandate that the certifying agency conduct an examination of manual skills proficiency as a component of the examination process to meet minimal federal compliance, a manual skills proficiency examination may be required by rules and regulations promulgated by the department of health for all applicants not otherwise exempted from the examination requirements. If a manual skills proficiency examination is required to be conducted by the certifying agency as a component of the certifying examination, each application shall be accompanied by a fee as set forth in  23-1-54 to be paid by the employing facility or agency if the applicant has been continuously employed by the facility for six (6) months prior to the application or by another responsible party as defined in rules and regulations promulgated by the department of health consistent with federal statutory and/or regulatory requirements; but, if the applicant is unemployed, to be submitted by the applicant. If the applicant shall be continuously employed by the same facility for six (6) months after the application, then the fee shall be directly refunded on a pro rata basis between months six (6) and twelve (12) to the applicant by the facility or agency.  History of Section.P.L. 1987, ch. 564,  1; P.L. 1988, ch. 653,  2; P.L. 1990, ch. 381,  1; P.L. 1992, ch. 435,  2; P.L. 2005, ch. 117, art. 14,  1; P.L. 2007, ch. 73, art. 39,  33; P.L. 2012, ch. 241, art. 9,  42. 
 23-17.9-6. Registration. Every nursing assistant being employed as a nursing assistant or offering services as a nursing assistant must obtain a certificate of registration issued by the department. Every nursing assistant, prior to being issued a certificate of registration by the department, shall successfully complete the training program and/or qualifying examination as required by  23-17.9-3 and 23-17.9-5 unless otherwise exempt from the requirements. All applicants not otherwise exempted are required to complete the process of training and examination within a period of one year from the date of initiation of training. Failure to successfully complete this process within one year requires that the applicant repeat the training program and be retested. All nursing assistants shall be registered with and qualified by the department of health. The fee for registration is as set forth in  23-1-54. The department shall keep a register in which are entered the names of all persons to whom certificates of registration are issued under this chapter and the register shall be open to public inspection. In addition, if required by federal mandate the department will also keep a separate nurse aide registry.  History of Section.P.L. 1987, ch. 564,  1; P.L. 1989, ch. 270,  2; P.L. 1992, ch. 435,  2; P.L. 1999, ch. 355,  1; P.L. 2001, ch. 77, art. 14,  30; P.L. 2007, ch. 73, art. 39,  33; P.L. 2012, ch. 241, art. 9,  42. 
 23-17.9-7. Renewal of certificate of registration. Every holder of a nursing assistant certificate of registration shall register biennially by making application to the department on forms provided by the agency. The renewals shall be granted as a matter of course, upon payment of a fee as set forth in  23-1-54 unless the agency finds that the applicant has acted or failed to act in a manner under the circumstances that would constitute grounds for suspension or revocation of a certificate of registration.  History of Section.P.L. 1987, ch. 564,  1; P.L. 1988, ch. 653,  2; P.L. 2001, ch. 77, art. 14,  30; P.L. 2007, ch. 73, art. 39,  33; P.L. 2012, ch. 241, art. 9,  42. 
 23-17.9-8. Disciplinary proceedings. The department may suspend or revoke any certificate of registration issued under this chapter or may reprimand, censure, or otherwise discipline or may deny an application for registration in accordance with the provisions of this section upon decision and after a hearing as provided by chapter 35 of title 42, as amended, in any of the following cases:  (1) Upon proof that the nursing assistant is unfit or incompetent by reason of negligence, habits, or other causes;  (2) Upon proof that the nursing assistant has violated any of the provisions of this chapter or the rules enacted in accordance with this chapter; or acted in a manner inconsistent with the health and safety of the patients of the home in which he or she is providing nursing assistant services;  (3) Upon proof that the nursing assistant has been convicted in a court of competent jurisdiction, either within or without this state, of a felony;  (4) Otherwise violate any of the provisions of this chapter;  (5) Has engaged in conduct detrimental to the health, welfare and safety of patients/residents in his or her care;  (6) Any other causes that may be set forth in regulations promulgated under this chapter.  History of Section.P.L. 1987, ch. 564,  1; P.L. 1992, ch. 435,  2. 
 23-17.9-9. Penalties for violations. It shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500) and/or by imprisonment for not more than one year for any person to:  (1) Obtain his or her certification or registration by means of fraud, misrepresentation, or concealment of material facts;  (2) Practice as a nursing assistant under cover of any certification or registration illegally or fraudulently obtained or unlawfully issued;  (3) Practice as a nursing assistant during the time his or her certification or registration issued under the provisions of this chapter shall be suspended or revoked; or  (4) Otherwise violate any of the provisions of this chapter.  History of Section.P.L. 1987, ch. 564,  1. 
 23-17-1. Short title. This chapter may be cited as the Health Care Facility Licensing Act of Rhode Island. History of Section.G.L. 1938, ch. 259,  1, P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-1; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-1. 
 23-17-10.1. Financial regulation of health maintenance organizations. Any health maintenance organization licensed under this chapter whose rates are approved by and whose financial condition and methods of doing business are periodically examined by the director of business regulation, and which was actively engaged in the provision of or making available to enrolled participants health care services prior to January 1, 1982, shall be exempt from financial regulation imposed by the licensing agency pursuant to the provisions of this chapter.  History of Section.P.L. 1982, ch. 310,  1. 
 23-17-10.2. Full financial disclosure by hospitals and freestanding emergency-care facilities. Any hospital or freestanding emergency-care facility licensed under this chapter, other than state-operated hospitals, shall annually submit to the director of the department of health:  (a) Public audited financial statements containing information concerning all hospital-related or freestanding emergency-care facility-related corporations, holding corporations, and subsidiary corporations, whether for-profit or not-for-profit. Any corporation, holding corporation, or subsidiary corporation, whether for-profit or not-for-profit, which is not audited by an independent public auditor due to limited activity or small size, shall submit a financial statement certified by the chief executive officer of that corporation.  (b) Any hospital or freestanding emergency-care facility licensed under this chapter, other than state-operated hospitals, shall on or before January 1, 2014, and annually thereafter, submit a summary of financial information contained in accordance with the following:  (1) Not-for-profit hospitals shall submit a summary of the information contained in section 501(c), 527, or 4947(a)(1) of the internal revenue code 990 form, including:  (i) Its statement of financial position;  (ii) The verified total costs incurred by the hospital or freestanding emergency-care facility in providing health services;  (iii) Total payroll including fringe benefits, and any other remuneration of the top five (5) highest compensated employees and/or contractors, identified by position description and specialty;  (iv) The verified net costs of medical education; and  (v) Administrative expenses; as defined by the director of the department of health.  (2) For-profit hospitals and freestanding emergency-care facilities shall submit the information listed in (b)(1) of this section in a form approved by the department of health.  (c) All information provided shall be made available to the health care planning and accountability advisory council, as established in  23-81-4, and shall be made available to the public for inspection.  History of Section.P.L. 1990, ch. 391,  1; P.L. 2013, ch. 341,  2; P.L. 2013, ch. 394,  2; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1. 
 23-17-10.3. Special care unit disclosure by facilities. (a) Any nursing facility which offers to provide or provides care for patients or residents with Alzheimers disease or other dementia by means of an Alzheimers special care unit shall be required to disclose the form of care or treatment provided, in addition to that care and treatment required by the rules and regulations for the licensing of nursing facilities. That disclosure shall be made to the licensing agency and to any person seeking placement in an Alzheimers special care unit of a nursing facility. The information disclosed shall explain the additional care provided in each of the following areas:  (1) Philosophy. The Alzheimers special care units written statement of its overall philosophy and mission which reflects the needs of residents with dementia.  (2) Pre-admission, admission, and discharge. The process and criteria for placement, transfer or discharge from the unit.  (3) Assessment, care planning, and implementation. The process used for assessment and establishing the plan of care and its implementation, including the method by which the plan of care evolves and is responsive to changes in condition.  (4) Staffing patterns and training ratios. Staff training and continuing education practices.  (5) Physical environment. The physical environment and design features appropriate to support the functioning of cognitively impaired adult residents.  (6) Residents activities. The frequency and types of resident activities.  (7) Family role in care. The involvement of families and family support programs.  (8) Program costs. The cost of care and any additional fees.  (b) The licensing agency shall develop a standard disclosure form and shall review the information provided on the disclosure form by the nursing facility to verify the accuracy of the information reported on it. Any significant changes in the information provided by the nursing facility will be reported to the licensing agency at the time the changes are made.  History of Section.P.L. 1990, ch. 237,  2; P.L. 1993, ch. 264,  2; P.L. 1999, ch. 83,  49; P.L. 1999, ch. 130,  49. 
 23-17-10.4. Rehabilitation special care unit and sub-acute special care unit disclosure by facilities. Any nursing facility which offers to provide or provides care for patients or residents by means of a rehabilitation special care unit or sub-acute special care unit shall be required to disclose the form of care or treatment provided, in addition to that care and treatment required by the rules and regulations for the licensing of nursing facilities. That disclosure shall be made to the licensing agency and to any person seeking placement in a rehabilitation special care unit or sub-acute special care unit of a nursing facility. The licensing agency shall develop a standard disclosure form and shall review the information provided on the disclosure form by the nursing facility to verify the accuracy of the information provided on it. Any significant changes in the information provided by the nursing facility will be reported to the licensing agency at the time the changes are made.  History of Section.P.L. 1994, ch. 157,  1; P.L. 1994, ch. 239,  1. 
 23-17-10.5. Medical director and attending physician file. (a) Each nursing facility licensed under this chapter shall designate a physician to serve as medical director. The medical director shall be responsible for implementation of resident care policies and for the coordination of medical care in the facility. Such responsibilities shall include, but not be limited to: the implementation of facility policies and procedures related to the medical care delivered in the facility; physician and advanced practice practitioner credentialing; practitioner performance reviews; employee health including infection control measures; evaluation of health care delivery, including oversight of medical records and participation in quality improvement; provision of staff education on medical issues; participation in state survey process, including the resolution of deficiencies as needed; and such other duties and responsibilities as may be stipulated in regulations promulgated by the department of health.  (b) The medical director, charged with the aforementioned duties and responsibilities for the delivery of medical care in the nursing facility, shall be immune from civil or criminal prosecution for reporting to the board of medical licensure and discipline the unprofessional conduct, incompetence or negligence of a nursing facility physician or limited registrant; provided, that the report, testimony or other communication was made in good faith and while acting within the scope of authority conferred by this section. Each nursing facility shall maintain an active file of all current attending physicians including their phone number and address, an emergency phone number, their current medical license number, and their preferred hospital admitting privileges. The director of the department of health is hereby authorized to promulgate rules and regulations to implement the provisions of this section.  History of Section.P.L. 1997, ch. 115,  1; P.L. 1997, ch. 131,  1; P.L. 2005, ch. 157,  4; P.L. 2005, ch. 249,  4; P.L. 2008, ch. 475,  48. 
 23-17-10.6. Nursing facility wandering hazard prevention plans. Each nursing facility licensed under this chapter shall have a plan for preventing the hazards of resident wandering from the facility. The plan shall be submitted to the licensing agency in a format determined by the director.  History of Section.P.L. 2004, ch. 387,  1. 
 23-17-10.7. Nursing facility assessment and disclosure for residents on probation or parole. The licensing agency shall establish regulations to require each licensed nursing facility, as part of the initial resident admission and assessment process, to review and consider any notice provided to the facility as required in subsection 42-56-10(23) concerning the residents or prospective residents status on parole and recommendations, if any, regarding safety and security measures.  History of Section.P.L. 2006, ch. 540,  1. 
 23-17-10. Regulations, inspections, and investigations  Certain hospitals required to provide on-premises coverage by physician  Uniform reports  Data systems. (a)(1) The licensing agency, with the advice of the health services council, shall, after a public hearing pursuant to reasonable notice, adopt, amend, promulgate, and enforce rules, regulations, and standards with respect to each category of healthcare facility to be licensed under this chapter that may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate treatment of individuals in healthcare facilities in the interest of public health, safety, and welfare. Provided, further, however, that all licensed medical, surgical, or obstetrical hospitals (excepting those hospitals as defined in  23-17-2, as amended, which maintain an on-premises emergency room staffed by a licensed physician, resident, or intern at all times) and freestanding emergency-care facilities shall be required to protect their patients by providing on-premises coverage by a licensed physician, resident, or intern at all times.  (2) In developing regulations for home nursing-care providers and home-care providers, the director shall consider and adopt, where appropriate, standards of relevant, national accrediting bodies. The director shall make, or cause to be made, quality improvement and licensure inspections of each licensed, home nursing-care provider and home-care provider at a minimum of once in a twelve-month (12) period. These inspections shall include, but not be limited to: home visits, patient surveys, and employee interviews.  (b) The licensing agency shall make, or cause to be made, any inspections and investigations that it deems necessary, including medical records. The licensing agency, with the advice of the health services council, shall also adopt, amend, promulgate, and enforce rules and regulations to provide for a uniform system of reporting detailed financial and statistical data pertaining to the operation, services, and facilities of the healthcare facilities and the periodic reporting shall, in accordance with the rules and regulations, be concerned with, but not limited to, unit cost utilization charges of healthcare facility services, financial condition of healthcare facilities, and quality of healthcare facility care. The uniform reports shall also include institutional plans that shall be prescribed in accordance with rules and regulations promulgated by the licensing agency with the advice of the health services council. Each healthcare facility shall establish and maintain data systems to meet the requirements of any uniform system of periodic reporting that may be prescribed in accordance with the provisions of this section. The data shall be made available and be considered by the state agency concerned with the reimbursement and/or utilization of healthcare facility services.  History of Section.P.L. 1932, ch. 1956,  1; G.L. 1938, ch. 259,  1; P.L. 1948, ch. 2112,  1; G.L. 1938, ch. 259,  9; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-10; P.L. 1968, ch. 171,  3; P.L. 1972, ch. 72,  1; P.L. 1975, ch. 90,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-10; P.L. 1979, ch. 109,  1; P.L. 1996, ch. 310,  2; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1. 
 23-17-11. Abortion and sterilization  Protection for nonparticipation  Procedure. A physician or any other person who is a member of or associated with the medical staff of a health care facility or any employee of a health care facility in which an abortion or any sterilization procedure is scheduled, and who shall state in writing an objection to the abortion or sterilization procedure on moral or religious grounds, shall not be required to participate in the medical procedures which result in the abortion or sterilization, and the refusal of the person to participate in the medical procedures shall not form the basis for any claim of damages on account of the refusal or for any disciplinary or recriminatory action against the person.  History of Section.P.L. 1978, ch. 269,  5; G.L. 1956,  23-16-11; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-11. 
 23-17-12.1. Scope of inspections. (a) Inspections and investigations shall include health, sanitation, nursing care, and dietary and other conditions immediately affecting the patients.  (b) The department shall assign responsibility for verifying compliance with licensing requirements and issuing renewal licenses to an individual or office independent of the inspection process.  (c) The department shall establish written procedures to: (1) track all deficiencies identified during and after the inspection and investigation processes; and (2) clearly define the internal process for appealing deficiency citations.  (d) The department shall establish procedures to verify the implementation of plans of correction and remediation.  History of Section.P.L. 1978, ch. 269,  7; G.L. 1956,  23-16-12.1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-12.1; P.L. 2005, ch. 156,  2; P.L. 2005, ch. 248,  2; P.L. 2008, ch. 475,  48. 
 23-17-12.10. Quality predictive modeling  Established. The department of health shall develop a data modeling or other capacity to use quality data already collected from nursing facilities to detect patterns of high performance and/or potential deficiency(ies) affecting resident care.  History of Section.P.L. 2005, ch. 157,  5; P.L. 2005, ch. 249,  5. 
 23-17-12.11. Nursing facility quality improvement program. (a) Established. Each licensed nursing facility shall develop and implement a quality improvement program and establish a quality improvement committee.  (b) Each licensed nursing facility shall designate a qualified individual, who shall be determined by the facilitys administrator, to coordinate and manage the nursing facilitys quality improvement program.  (1) The nursing facilitys quality improvement committee shall include at least the following members:  (i) The nursing facility administrator;  (ii) The director of nursing;  (iii) The medical director;  (iv) A social worker; and  (v) A representative of dietary services.  (2) The quality improvement committee shall:  (i) Meet at least quarterly;  (ii) Maintain records of all quality improvement activities; and  (iii) Keep records of committee meetings that shall be available to the department during any on-site visit.  (3) The quality improvement committee for a nursing facility shall annually review and approve the quality improvement plan for the nursing facility. Said plan shall be available to the public upon request.  (c) Each nursing facility shall establish a written quality improvement plan that shall be reviewed by the department during the facilitys annual survey and that:  (1) Provides criteria to monitor nursing care, including medication administration, prevention and treatment of decubitus ulcers, dehydration and nutritional status and weight loss or gain, accidents and injuries, unexpected deaths, changes in mental or psychological status, and any other data necessary to monitor quality of care; and  (2) Includes methods to identify, evaluate and correct problems.  (d) The nursing facility administrator shall take appropriate remedial actions based on the recommendations of the nursing facilitys quality improvement committee.  (e) The director may not require the quality improvement committee to disclose the records and the reports prepared by the committee except as necessary to assure compliance with the requirements of this section.  (f) Good faith attempts by the quality improvement committee to identify and correct quality deficiencies will not be used as a basis for sanctions.  (g) If the department determines that a nursing facility is not implementing its quality improvement program effectively and that quality improvement activities are inadequate, the department may impose sanctions on the nursing facility to improve quality of resident care including mandated hiring of, directly or by contract, an independent quality consultant.  History of Section.P.L. 2005, ch. 157,  5; P.L. 2005, ch. 249,  5. 
 23-17-12.2. Time for correction of defects. (a) Every corporation or person who will be inspected or investigated under  23-17-12 will begin to correct health, sanitation, nursing care, and dietary defects immediately upon notice by the director of health that the defects exist. The notification will be made by certified or registered letter return receipt requested from the director of health to the person or corporation so inspected.  (b) However, every defect will be fully and wholly corrected within thirty (30) days from the time of notice unless an extension is granted for good cause shown, but no extension will exceed fifteen (15) days.  History of Section.P.L. 1978, ch. 269,  7; G.L. 1956,  23-16-12.2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-12.2. 
 23-17-12.3. Penalty for violation of  23-17-12  23-17-12.2. Every person including a controlling person, or corporation who shall willfully and continually violate the provisions of  23-17-12  23-17-12.2 will be subject to a fine up to three hundred dollars ($300) for each violation of these sections.  For purposes of this section, controlling person is any person or entity in control of a nursing facility directly or indirectly, including: (1) in the case of a corporation or of a limited liability company, a person having a beneficial ownership interest of five percent (5%) or more in the nursing facility; (2) in the case of a general partnership or limited partnership, any general partner; (3) a legal entity that operates or contracts with another person for the operation of a nursing facility or an owner thereof; (4) in the case of a limited liability company, any member; (5) each president, vice president, secretary, treasurer of a business corporation that is not exempt from taxation under section 501(a) of the U.S. Internal Revenue Code as an organization described in section 501(c)(3) of such code; and (6) such other ownership interest or relationship as may be determined by the director.  History of Section.P.L. 1978, ch. 269,  7; G.L. 1956,  23-16-12.3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-12.3; P.L. 2005, ch. 158,  3; P.L. 2005, ch. 247,  3. 
 23-17-12.4. Enforcement of  23-17-12  23-17-12.2. The director of health shall refer all violations of  23-17-12  23-17-12.2 to the chief counsel within the department of health for appropriate action.  History of Section.P.L. 1978, ch. 269,  7; G.L. 1956,  23-16-12.4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-12.4. 
 23-17-12.5. Complaints  Nursing homes. (a) Complaints regarding a nursing facility that do not constitute patient abuse, neglect or mistreatment, as regulated under chapter 17.8 of this title, shall be investigated and evaluated by the department as follows:  (1) The investigation and evaluation shall be made within twenty-four (24) hours if the department has reasonable cause to believe the patients or residents health or safety is in immediate jeopardy; within seven (7) days for reports  deemed by the department to be of non-immediate jeopardy  high potential for harm; within twenty-one (21) days for reports deemed by the department to be of non-immediate jeopardy  medium potential for harm; and within sixty (60) days for reports deemed by the department to be of non-immediate jeopardy  low potential for harm.  (2) The investigation shall include a visit to the facility.  (3) Reports of complaint investigations shall be governed in accordance with chapter 17.8 of this title.  (b) Definitions. For purposes of this section, the following definitions shall apply:  (1) Immediate jeopardy means a situation in which the nursing facilitys alleged noncompliance with one or more state or federal requirements or conditions has caused, or is likely to cause serious injury, harm, impairment or death to a resident; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.  (2) Non-immediate jeopardy  high potential for harm means a situation in which a nursing facilitys alleged noncompliance with one or more state or federal requirements or conditions may have caused harm that negatively impacts the individuals mental, physical and/or psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.  (3) Non-immediate jeopardy  medium potential for harm means a situation in which a nursing facilitys alleged noncompliance with one or more state or federal requirements or conditions has caused or may have caused harm that is of limited consequence and does not significantly impair the individuals mental, physical and/or psychosocial status to function; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.  (4) Non-immediate jeopardy  low potential for harm means a situation in which a nursing facilitys alleged noncompliance with one or more state or federal requirements or conditions may have caused mental, physical and/or psychosocial discomfort that does not constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations.  (c) Avoidance of conflict. The department shall establish procedures to insure that the prioritization and classification of complaints received in accordance with section (a) above, and chapter 17.8 of this title, shall be independent of other nursing facility regulatory functions. The department shall include procedures to assure that no employee or agent of the department shall be participating in or supervising a complaint investigation concerning any facility to which that employee has any ownership, employment, or consultant arrangement. The restrictions imposed by the department under this subsection shall be in addition to, and not in place of, the requirements of chapter 14 of title 36.  (d) Interagency agreements. The department shall enter into interagency agreements with any other departments or agents of state government clarifying roles and responsibilities for the receipt and investigation of complaints regarding nursing facility care, including guidelines to allow an exchange of data unless such exchange is explicitly prohibited by law.  History of Section.P.L. 2005, ch. 156,  3; P.L. 2005, ch. 248,  3. 
 23-17-12.6. Independent quality monitor, quality consultant and temporary manager. (a) Under the authority granted to the director in  23-1-21 and in addition to any other statutory authority, whenever the director determines that there is a deficiency in a nursing facility that constitutes immediate jeopardy to health and safety of a resident or residents, the director may take the following actions:  (1) Appoint an independent quality monitor, at the facilitys expense, to conduct periodic inspections to assess the efforts made by the nursing facility to achieve compliance with state and federal regulations governing nursing facilities that participate in the Medicare and medical assistance programs and to report its findings to the director;  (2) Require the nursing facility to engage, at the facilitys expense, an independent quality consultant to advise and assist the nursing facilitys management to achieve and maintain compliance with state and federal regulations governing nursing facilities that participate in the Medicare and medical assistance programs and to develop and implement the nursing facilitys quality improvement program; and/or  (3) Require the nursing facility to engage, at the facilitys expense, a temporary manager to assist the nursing facility to achieve and maintain compliance with state and federal regulations governing nursing facilities that participate in the Medicare and medical assistance programs and to implement the nursing facilitys quality improvement program.  (b) The appointment of a state quality monitor, and ordering the facility to hire an independent quality consultant or temporary manager are sanctions that may be in addition to or in lieu of other sanctions imposed by the state.  (c) Any state appointed quality monitor, or quality consultant or temporary manager hired by the nursing facility may not be employees of the department.  (d) For purposes of this section, temporary manager means any person, corporation, or other entity, as required to be hired by the department to provide management services that assist the facility in the correction of deficiencies and financial difficulties identified in the facilitys operation.  (e) The director may require the hiring of a temporary manager for a nursing facility when the director determines that a nursing facility is:  (1) Experiencing severe financial difficulties which if continued, present a substantial probability of financial insolvency; or  (2) A facility is operating in such a manner or condition that continued operation by the licensee, or his or her representative, presents a substantial probability of immediate jeopardy to the health or safety of the residents.  (f) The qualifications of any quality consultant or temporary manager as required under this section shall be approved by the department. Any quality consultant or temporary manager hired by the nursing facility under this section shall report on progress toward quality improvement to the department in a manner and format determined by the director.  History of Section.P.L. 2005, ch. 156,  3; P.L. 2005, ch. 248,  3. 
 23-17-12.7. Adverse change in financial condition. (a) Whenever the department, or the department in consultation with the department of human services, determines that a nursing facilitys 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 states concerns with respect to the operation of the facility. The license holder shall be given the opportunity to respond to the states 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 departments 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 facilitys 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 facilitys expense:  (1) Appoint an independent consultant to review the facilitys management and financial status and make recommendations to improve the facilitys financial status; or  (2) Require the hiring of a temporary manager of the facilitys 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 residents 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 residents 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.  History of Section.P.L. 2005, ch. 156,  3; P.L. 2005, ch. 248,  3. 
 23-17-12.8. Posting of nursing staff levels in nursing facilities. The department is authorized to adopt federal Medicare nurse staff posting requirements by regulation. In addition to any federal requirements for posting of nursing staff levels, the nursing facility shall post the nurse staff levels for the facility in a public place within the facility. The posting information shall be maintained on file by the nursing facility and shall be made available to the public upon request. The nursing facility shall prepare an annual report showing the average daily direct care nurse staffing level for the facility by shift and by category of nurse to include registered nurses, licensed practical nurses, nursing assistants and medication technicians; the use of nurse and nursing assistant staff from temporary placement agencies; and the nurse and nurse assistant turnover rates. The information on nurse staffing shall be reviewed as part of the nursing facilitys annual licensing survey and shall be available to the public, both in printed form and on the departments website, by facility.  History of Section.P.L. 2005, ch. 157,  5; P.L. 2005, ch. 249,  5. 
 23-17-12.9. Resident and family notification. The director shall establish regulations which: (1) notify the resident, or his or her legal representative, the residents family representative, the residents attending physicians of record and the nursing facilitys medical director, if that resident has been found to be in immediate jeopardy to health and safety; (2) notify all facility residents, or their legal representatives, their family representatives, their attending physicians and the nursing facilitys medical director, whenever a nursing facility is cited for substandard quality of care as defined in 42 CFR 488.301 or successor regulation; and (3) provide for notification of changes regarding resident condition as provided in federal regulation 42 CFR 483.10 or successor regulation. A facility citation for substandard quality of care shall be considered to be a public record ten (10) days following the citation, or upon departmental approval of the corresponding plan of correction, whichever is sooner.  For purposes of this section, immediate jeopardy to health and safety means a situation which the institutions noncompliance with one or more state or federal requirements or conditions has caused, or is likely to cause, serious injury, harm, impairment or death to a resident receiving care in the institution.  History of Section.P.L. 2005, ch. 157,  5; P.L. 2005, ch. 249,  5. 
 23-17-12. Inspections  Nursing facilities. (a) The licensing agency shall make or cause to be made unannounced inspections and investigations of nursing facilities. The director shall establish by regulation criteria to determine the frequency for unannounced inspections and investigation that shall include specific criteria to determine the appropriate frequency of those surveys including, but not limited to, patient acuity, quality indicators, staff retention, financial status, and a facilitys past compliance with the regulations. In no instance shall any facility with a pattern of noncompliance with regulations or orders, indications of marginal financial status, repeated levels of nursing hours per resident significantly below the state average, or other risk factors determined to influence quality, receive less than two (2) surveys in addition to the annual licensing survey required by this chapter. Any nursing care facility which is cited for substandard care by the licensing agency shall be inspected on a bimonthly basis for the twelve (12) month period immediately following any citation. The licensing agency shall, on an annual basis, cause no less than ten percent (10%) of all nursing care facility annual surveys to be conducted, in whole or in part, on nights and/or on weekends. The inspections shall be conducted both as to profit and nonprofit facilities and the results shall be open to public inspection; however, requirements as to the fire safety code will be deferred in accordance with  23-28.1-7.  (b) No employee or agent of the department shall be participating in or supervising an inspection of any facility to which that employee currently has, or in the past five (5) years has had, any ownership, employment, or consultant arrangement or any other potential conflicts of interest. The restrictions imposed under this subsection shall be in addition to, and not in place of, the requirements of chapter 14 of title 36.  (c) The licensing agency shall make or cause to be made unannounced inspections and/or investigations of any establishment, facility, boarding house, dormitory, however named, to determine whether the lodging facility should be licensed and regulated under the provisions of this chapter.  (d) All members of the general assembly and any general officer of this state may make announced and unannounced inspections of extended care facilities, skilled nursing homes, intermediate care facilities, personal care homes, nursing homes, and state institutions.  History of Section.P.L. 1978, ch. 269,  5; G.L. 1956,  23-16-12; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-12; P.L. 1989, ch. 304,  1; P.L. 1996, ch. 100, art. 17,  1; P.L. 1999, ch. 25,  1; P.L. 1999, ch. 87,  1; P.L. 2005, ch. 156,  2; P.L. 2005, ch. 248,  2. 
 23-17-13.1. Health services council. (a) There shall be established a health services council consisting of twelve (12) members, four (4) of whom shall be appointed by the speaker of the house, one who shall be an expert in healthcare economic and policy matters, and a second who shall represent the insurance business; four (4) of whom shall be appointed by the president of the senate, one who shall represent the business community, and a second who shall represent the general public; and four (4) of whom shall be appointed by the governor, one who shall represent the office of the health insurance commissioner, a second who shall represent the executive office of health and human services, a third who shall represent the health insurance business, and a fourth who shall represent the executive office of commerce. All members shall serve until the first day of July in the third year after appointment or until their respective successors are appointed and qualified. Any vacancy of a member appointed that may occur in the council shall be filled by appointment by the respective appointing authority for the remainder of the unexpired term. The council may also serve as an advisory council as authorized by  23-16-3.  (b) A person may not be a member of the health services council if the person is required to register as a lobbyist as defined under chapter 139 of title 42.  (c) Notwithstanding any laws, rules, or regulations to the contrary, all recommendations of the health services council shall be by a majority vote of its members present at the time the vote is taken.  History of Section.P.L. 2014, ch. 267,  4; P.L. 2014, ch. 316,  4. 
 23-17-13. Repealed. History of Section.G.L. 1938, ch. 259,  3; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-3; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-3; P.L. 1984, ch. 4,  3; P.L. 1986, ch. 225,  1; P.L. 2001, ch. 86,  70; P.L. 2001, ch. 180,  43; P.L. 2004, ch. 267,  2; P.L. 2004, ch. 290,  2; Repealed by P.L. 2014, ch. 267,  5, effective April 1, 2015; P.L. 2014, ch. 316,  5, effective April 1, 2015. 
 23-17-14.1. Immunity for council members. No member of the health services council while acting in his or her capacity as a council member shall be liable for any civil damages as a result of individual or collective actions or recommendations as a member of the council.  History of Section.P.L. 1978, ch. 269,  7; G.L. 1956,  23-16-14.1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-14.1. 
 23-17-14.2. Compensation. The chairperson and vice chairperson of the health services council and no other member of the council while serving on business of the council shall receive compensation for the discharge of their official duties.  History of Section.P.L. 1978, ch. 269,  7; G.L. 1956,  23-16-14.2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-14.2; P.L. 1985, ch. 412,  1; P.L. 2005, ch. 117, art. 21,  12. 
 23-17-14.3. Review criteria. Except as otherwise provided in this section, a review by the health services council of an application for an initial license or a license in the case of a proposed change in the owner, operator, or lessee of any licensed health care facility may not be made subject to any criterion unless the criterion directly relates to the statutory purpose expressed in  23-17-3. In conducting reviews of the applications, the health services council shall specifically consider:  (1) The character, commitment, competence, and standing in the community of the proposed owners, operators, or directors of the health care facility;  (2) In cases of initial licensure or of proposed change in owner, operator, or lessee, the extent to which the facility will provide or will continue to provide, without material effect on its viability at the time of initial licensure or of change of owner, operator, or lessee, safe and adequate treatment for individuals receiving the health care facilitys services;  (3) The extent to which the facility will provide or will continue to provide safe and adequate treatment for individuals receiving the health care facilitys services; and  (4) The extent to which the facility will provide or will continue to provide appropriate access with respect to traditionally underserved populations and in consideration of the proposed continuation or termination of health care services by the health care facility.  History of Section.P.L. 1984, ch. 134,  2; P.L. 1996, ch. 433,  3. 
 23-17-14.4. Procedures for review. (a) Within ten (10) working days of receipt, in acceptable form, of an application for an initial license or a license in connection with a change in the owner, operator, or lessee of any existing health care facility, the licensing agency will notify and afford the public an opportunity to comment on the application.  (b) The recommendations of the health services council and the decision of the licensing agency will be rendered within ninety (90) days of acceptance of the application for license.  (c) The licensing agency shall promulgate in rules and regulations procedures and criteria for expedited review of licensure applications. The criteria for expedited review consideration shall include, but not be limited to, all of the following: (1) that the licensure application is solely for initial licensure; (2) that the legal entity seeking a license currently is the licensee for one or more Rhode Island licensed health care facilities whose records of compliance are deemed by the licensing agency to demonstrate the legal entitys ability and commitment to provide quality health care services; and (3) that the licensure application demonstrates complete and satisfactory compliance with review criteria in  23-17-14.3. The licensing agency shall exercise its discretion in granting expedited review of license applications and a decision by the licensing agency not to process an application on an expedited review basis shall be final and shall not be subject to appeal.  (d) The decision of the licensing agency shall be based upon the findings and recommendations of the health services council unless the licensing agency shall afford written justification for variance from these findings and recommendations.  (e) All applications reviewed by the licensing agency and all written materials pertinent to licensing agency review, including minutes of all health services council meetings, shall be accessible to the public upon request.  (f) Any person holding a valid certificate of need issued pursuant to chapter 15 of this title, shall be exempt from the requirements of  23-17-14.3 or 23-17-14.4 of this chapter for initial facility licensure.  (g) Any person holding a valid license for an outpatient rehabilitation center intended to be operational for less than twelve (12) months and so indicated upon its application shall surrender its license upon cessation of patient care operations for that operational season. Within a period not to exceed twelve (12) months from the surrender, the person may apply for a new license for the identical activities and premises authorized by the previous but surrendered license, and shall be exempt from the requirements of  23-17-14.3 or 23-17-14.4 for initial facility licensure.  History of Section.P.L. 1984, ch. 134,  2; P.L. 1996, ch. 433,  3; P.L. 1999, ch. 336,  1. 
 23-17-14. Functions of health services council. The health services council shall have the following responsibilities and duties: (1) To consult and advise with the licensing agency regarding licensing reviews conducted under  23-17-14.3 and 23-17-14.4 and in matters of policy affecting administration of this chapter, and in the development of rules, regulations, and standards provided for under this chapter;  (2) To review and make recommendations with respect to rules, regulations, and standards authorized under this chapter prior to their promulgation by the licensing agency as specified in this section;  (3) To consult and advise with the licensing agency with respect to the administration of chapter 15 of this title;  (4) When acting as an advisory council authorized by  23-16-3, to consult with the director of the state department of health in carrying out the purposes of chapter 16 of this title.  History of Section.G.L. 1938, ch. 259,  13; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-14; P.L. 1968, ch. 171,  6; P.L. 1978, ch. 269,  5; 1979, ch. 39,  1; G.L. 1956,  23-17-14; P.L. 1996, ch. 433,  3. 
 23-17-15.1. Reports public. Copies of survey reports from the joint commission on accreditation of health care organizations and the American Osteopathic Association and any other reports from other accrediting organizations incorporated by reference in the reports, provided to the licensing agency by hospitals shall be public records as defined in chapter 2 of title 38.  History of Section.P.L. 1989, ch. 217,  7; P.L. 1994, ch. 52,  2; P.L. 1994, ch. 126,  2. 
 23-17-15. Information confidential. Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter shall not be disclosed publicly in any manner that identifies individuals except in a proceeding involving the question of licensure.  History of Section.G.L. 1938, ch. 259,  14; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-15; P.L. 1972, ch. 16,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-15. 
 23-17-16. Annual report of activities. The licensing agency shall prepare and publish an annual report of its activities and operations under this chapter.  History of Section.G.L. 1938, ch. 259,  15; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-16; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-16. 
 23-17-17. Penalty for operation of unlicensed health care facility. Any person establishing, conducting, managing, or operating any health care facility without a license under this chapter shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than one year or both, in the discretion of the court, for each offense.  History of Section.P.L. 1932, ch. 1956,  4; G.L. 1938, ch. 259,  4; P.L. 1948, ch. 2112,  1; G.L. 1938, ch. 259,  16; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-17; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-17; P.L. 1989, ch. 307,  1. 
 23-17-18. Obtaining treatment or services under false pretenses. Any person who shall obtain medical or surgical or obstetrical treatment, under false representations of his or her financial condition, from any health care facility, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars ($500) or imprisoned not more than six (6) months, or both, in the discretion of the court, for each offense.  History of Section.P.L. 1932, ch. 1956,  3; G.L. 1938, ch. 259,  3; P.L. 1948, ch. 2112,  1; G.L. 1938, ch. 259,  16; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-18; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-18. 
 23-17-19.1. Rights of patients. Every healthcare facility licensed under this chapter shall observe the following standards and any other standards that may be prescribed in rules and regulations promulgated by the licensing agency with respect to each patient who utilizes the facility:  (1) The patient shall be afforded considerate and respectful care.  (2) Upon request, the patient shall be furnished with the name of the physician responsible for coordinating his or her care.  (3) Upon request, the patient shall be furnished with the name of the physician or other person responsible for conducting any specific test or other medical procedure performed by the healthcare facility in connection with the patients treatment.  (4) The patient shall have the right to refuse any treatment by the healthcare facility to the extent permitted by law.  (5) The patients right to privacy shall be respected to the extent consistent with providing adequate medical care to the patient and with the efficient administration of the healthcare facility. Nothing in this section shall be construed to preclude discreet discussion of a patients case or examination of appropriate medical personnel.  (6) The patients right to privacy and confidentiality shall extend to all records pertaining to the patients treatment except as otherwise provided by law.  (7) The healthcare facility shall respond in a reasonable manner to the request of a patients physician, certified nurse practitioner, and/or a physicians assistant for medical services to the patient. The healthcare facility shall also respond in a reasonable manner to the patients request for other services customarily rendered by the healthcare facility to the extent the services do not require the approval of the patients physician, certified nurse practitioner, and/or a physicians assistant or are not inconsistent with the patients treatment.  (8) Before transferring a patient to another facility, the healthcare facility must first inform the patient of the need for, and alternatives to, a transfer.  (9) Upon request, the patient shall be furnished with the identities of all other healthcare and educational institutions that the healthcare facility has authorized to participate in the patients treatment and the nature of the relationship between the institutions and the healthcare facility.  (10)(a) Except as otherwise provided in this subparagraph, if the healthcare facility proposes to use the patient in any human-subjects research, it shall first thoroughly inform the patient of the proposal and offer the patient the right to refuse to participate in the project.  (b) No facility shall be required to inform prospectively the patient of the proposal and the patients right to refuse to participate when: (i) The facilitys human-subjects research involves the investigation of potentially lifesaving devices, medications, and/or treatments and the patient is unable to grant consent due to a life-threatening situation and consent is not available from the agent pursuant to chapter 4.10 of title 23 or the patients decision maker if an agent has not been designated or an applicable advanced directive has not been executed by the patient; and (ii) The facilitys institutional review board approves the human-subjects research pursuant to the requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 (relating to the informed consent of human subjects). Any healthcare facility engaging in research pursuant to the requirements of subparagraph (b) herein shall file a copy of the relevant research protocol with the department of health, which filing shall be publicly available.  (11) Upon request, the patient shall be allowed to examine and shall be given an explanation of the bill rendered by the healthcare facility irrespective of the source of payment of the bill.  (12) Upon request, the patient shall be permitted to examine any pertinent healthcare facility rules and regulations that specifically govern the patients treatment.  (13) The patient shall be offered treatment without discrimination as to race, color, religion, national origin, or source of payment.  (14) Patients shall be provided with a summarized medical bill within thirty (30) days of discharge from a healthcare facility. Upon request, the patient shall be furnished with an itemized copy of his or her bill. When patients are residents of state-operated institutions and facilities, the provisions of this subsection shall not apply.  (15) Upon request, the patient shall be allowed the use of a personal television set provided that the television complies with underwriters laboratory standards and O.S.H.A. standards, and so long as the television set is classified as a portable television.  (16) No charge of any kind, including, but not limited to, copying, postage, retrieval, or processing fees, shall be made for furnishing a health record or part of a health record to a patient, his or her attorney, or authorized representative if the record, or part of the record, is necessary for the purpose of supporting an appeal under any provision of the Social Security Act, 42 U.S.C.  301 et seq., and the request is accompanied by documentation of the appeal or a claim under the provisions of the Workers Compensation Act, chapters 29  38 of title 28 or for any patient who is a veteran and the medical record is necessary for any application for benefits of any kind. A provider shall furnish a health record requested pursuant to this section by mail, electronically, or otherwise, within thirty (30) days of the receipt of the request. For the purposes of this section, provider shall include any out-of-state entity that handles medical records for in-state providers. Further, for patients of school-based health centers, the director is authorized to specify by regulation an alternative list of age appropriate rights commensurate with this section.  (17) The patient shall have the right to have his or her pain assessed on a regular basis.  (18) Notwithstanding any other provisions of this section, upon request, patients receiving care through hospitals, nursing homes, assisted-living residences and home healthcare providers, shall have the right to receive information concerning hospice care, including the benefits of hospice care, the cost, and how to enroll in hospice care.  History of Section.P.L. 1974, ch. 168,  1; P.L. 1975, ch. 238,  1; P.L. 1978, ch. 269,  5; P.L. 1978, ch. 359,  1; G.L. 1956,  23-16-9.1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-19.1; P.L. 1984, ch. 220,  2; P.L. 1990, ch. 492,  7; P.L. 1993, ch. 64,  1; P.L. 1999, ch. 216,  3; P.L. 1999, ch. 384,  3; P.L. 2001, ch. 168,  1; P.L. 2002, ch. 331,  2; P.L. 2003, ch. 238,  1; P.L. 2003, ch. 306,  1; P.L. 2006, ch. 225,  1; P.L. 2006, ch. 362,  1; P.L. 2016, ch. 146,  1; P.L. 2016, ch. 162,  1. 
 23-17-19.2. Posting of law. Every health care facility licensed pursuant to this title shall provide a copy of the provisions of  23-17-19.1 to each inpatient or his or her representative at the time of admission to the health care facility and shall display a copy of the provisions of  23-17-19.1 in a conspicuous place in each health care facility. The director of the department of health shall have power to enforce the provisions of this chapter.  History of Section.P.L. 1974, ch. 168,  1; P.L. 1978, ch. 269,  5; G.L. 1956,  23-16-19.2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-19.2; P.L. 1991, ch. 316,  1. 
 23-17-19.3. Patients visitation rights. (a) All health care providers as licensed under the provisions of chapter 29 or 37 of title 5 and all health care facilities as defined in  23-17-2 shall be required to note in their patients permanent medical records the name of individual(s) not legally related by blood or marriage to the patient who the patient wishes to be considered as immediate family member(s), for the purpose of granting extended visitation rights to the individual(s), so the individual(s) may visit the patient while he or she is receiving inpatient health care services in a health care facility.  (b) A patient choosing to designate individual(s) as immediate family members for the purpose of extending visitation rights may choose up to five (5) individuals and do so either verbally or in writing. This designation shall be made only by the patient and can be initiated and/or rescinded by the patient at any time, either prior to, during, or subsequent to an inpatient stay at the health care facility.  (c) The full names of designated individual(s), along with their relationship to the patient, shall be recorded in the patients permanent medical records, both at the inpatient health care facility and with the patients primary care physician.  (d) In the event the patient has not had the opportunity to have this designation recorded in his or her medical records, a signed statement in the patients own handwriting attesting to the designation of the individual(s) as an immediate family member for the purpose of extending visitation rights during the provision of health care services in an inpatient health care facility, along with their relationship to the individual(s) shall meet all the requirements of this chapter. The patients signature on a signed statement shall be witnessed by two (2) individuals, neither of whom can be the designated individual(s). In the event a signed statement is not available, those designated as agents on a durable power of attorney for health care form shall be allowed visitation privileges.  (e) This chapter shall not be construed to prohibit legally recognized members of the patients family from visiting the patient if they have not been so designated through the provisions of this chapter. No patient shall be required to designate individual(s) under the provisions of this chapter.  History of Section.P.L. 1998, ch. 335,  1. 
 23-17-19. Injunction to restrain operation without license. Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law upon the advice of the attorney general who shall represent the licensing agency in the proceedings, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a health care facility without a license under this chapter.  History of Section.G.L. 1938, ch. 259,  17; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-19; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-19. 
 23-17-2. Definitions. 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) Alzheimers 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 Alzheimers 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 bodys 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.  (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; 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 practitioners (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 practitioners office shall ensure that such practitioners office complies with licensing or accreditation requirements that may be applicable to the practitioners 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 operators 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 physicians 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 operators 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 podiatrists 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.  History of Section.G.L. 1938, ch. 259,  2; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-2; P.L. 1968, ch. 171,  1; P.L. 1972, ch. 72,  1; P.L. 1973, ch. 258,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-2; P.L. 1982, ch. 379,  1; P.L. 1983, ch. 187,  1; P.L. 1984, ch. 134,  1; P.L. 1984, ch. 325,  2; P.L. 1987, ch. 107,  3; P.L. 1990, ch. 75,  1; P.L. 1993, ch. 237,  1; P.L. 1993, ch. 264,  1; P.L. 1995, ch. 370, art. 14,  17; P.L. 1996, ch. 310,  2; P.L. 1999, ch. 136,  2; P.L. 1999, ch. 282,  1; P.L. 2000, ch. 250,  1; P.L. 2001, ch. 88,  1; P.L. 2001, ch. 168,  1; P.L. 2001, ch. 253,  1; P.L. 2002, ch. 412,  1; P.L. 2003, ch. 376, art. 34,  1; P.L. 2008, ch. 245,  1; P.L. 2008, ch. 313,  1; P.L. 2009, ch. 197,  2; P.L. 2009, ch. 287,  2; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1; P.L. 2017, ch. 194,  1; P.L. 2017, ch. 246,  1; P.L. 2021, ch. 351,  2, effective July 12, 2021; P.L. 2021, ch. 352,  2, effective July 12, 2021. 
 23-17-20. Inapplicability. The provisions of this chapter shall not be construed to apply to clinical laboratories licensed in accordance with chapter 16.2 of this title, facilities licensed by the department of behavioral healthcare, developmental disabilities and hospitals or by the department of human services or Christian Science institutions operated, or listed and certified by the First Church of Christ, Scientist, Boston, Massachusetts.  History of Section.G.L. 1938, ch. 259,  19; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-20; Reorg. Plan No. 1, 1970; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-20. 
 23-17-21. Power of enforcement. The director of the department of health shall have power to enforce the provisions of this chapter.  History of Section.P.L. 1935, ch. 2250,  110; G.L. 1938, ch. 259,  5; P.L. 1948, ch. 2112,  1; G.L. 1938, ch. 259,  20; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-21; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-21. 
 23-17-22. Severability. If any provision of this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.G.L. 1938, ch. 259,  21; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-22; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-22. 
 23-17-23. Hospital disciplinary powers. (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.  History of Section.P.L. 1976, ch. 244,  5; G.L. 1956,  23-16-21; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-23; P.L. 1986, ch. 301,  9. 
 23-17-24. Internal risk management program. 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 hospitals 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.  History of Section.P.L. 1976, ch. 244,  5; G.L. 1956,  23-16-22; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-24. 
 23-17-25. Privileges and immunities for peer review activities. (a) Neither the proceedings nor the records of peer review boards as defined in  5-37-1 shall be subject to discovery or be admissible in evidence in any case save litigation arising out of the imposition of sanctions upon a physician. However, any imposition or notice of a restriction of privileges or a requirement of supervision imposed on a physician for unprofessional conduct as defined in  5-37-5.1 shall be subject to discovery and be admissible in any proceeding against the physician for performing, or against any health care facility or health care provider which allows the physician to perform the medical procedures which are the subject of the restriction or supervision during the period of the restriction or supervision or subsequent to that period. Nothing contained in this section shall apply to records made in the regular course of business by a hospital or other provider of health care information. Documents or records otherwise available from original sources are not to be construed as immune from discovery or used in any civil proceedings merely because they were presented during the proceedings of the committee.  (b) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed peer review board operated pursuant to written by-laws, for any act or proceeding undertaken or performed within the scope of the functions of any peer review board.  (c) There shall be no monetary liability on the part of, and no cause of action for damage shall arise against, any person on account of the communication of information in the possession of the person to any peer review board or the board of medical licensure and discipline, when the communication is intended to aid in the evaluation of the qualifications, fitness, or character of a practitioner of the healing arts, and does not represent as true any matter not reasonably believed to be true.  (d) Any peer review processes authorized by statute and carried out in good faith shall have the benefit of the state action exemption to the state antitrust law.  History of Section.P.L. 1976, ch. 244,  5; G.L. 1956,  23-16-23; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-25; P.L. 1986, ch. 350,  12. 
 23-17-26. Emergency health care. (a) Every healthcare facility that has an emergency medical-care unit, including freestanding emergency-care facilities, shall provide to every person prompt, life-saving, medical-care treatment in an emergency, and a sexual-assault examination for victims of sexual assault, without discrimination on account of economic status or source of payment, and without delaying treatment for the purpose of a prior discussion of the source of payment unless the delay can be imposed without material risk to the health of the person.  (b) Violations of this section shall be reported to the director of the state department of health who shall investigate the violations as the director deems appropriate.  History of Section.P.L. 1980, ch. 87,  1; P.L. 1984, ch. 120,  1; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1. 
 23-17-27. Disclosure of nonparticipation in hospital service plan. (a) Any health care facility licensed under this chapter which is not a participant in a hospital service plan shall post a notice, in a conspicuous place where it can be read by its patients which shall read, in substance, as follows:  To our patients: This facility does not participate in a hospital service plan. You should know that you will be responsible for the payment of the hospital fees which you incur here.  (b) Any licensed health care facility which fails to post a disclosure notice shall not be entitled to charge any of its patients any amount, for hospital fees, in excess of that allowed had the facility participated in a hospital service plan.  History of Section.P.L. 1980, ch. 160,  2. 
 23-17-28. Health care cost containment. Each health care facility licensed under this chapter shall take any action consistent with the continued delivery of quality health care services that it deems appropriate to reduce, limit, or contain health care costs and improve the efficiency with which health care services are delivered to the citizens of this state. In furtherance of these goals, health care facilities licensed under this chapter may, to the extent not inconsistent with chapter 15 of this title, enter into agreements with other health care facilities, associations of health care facilities, suppliers, third-party payers, and/or agencies or branches of government providing, without limitation, for group planning, individual or group expenditure ceilings, allocation of services and/or specialties, and group purchasing and/or service sharing.  History of Section.P.L. 1981, ch. 358,  1. 
 23-17-29. Applicability. Notwithstanding any of the provisions of this chapter, nothing contained in this chapter shall apply to any health maintenance organization licensed under the requirements and provisions of chapter 41 of title 27.  History of Section.P.L. 1991, ch. 370,  5. 
 23-17-3. Purpose of provisions. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards:  (1) For the care and treatment of individuals in health care facilities;  (2) For the maintenance and operation of health care facilities which in the light of advancing knowledge, will promote appropriate access and safe and adequate treatment for individuals receiving health care facility services; and  (3) For the encouragement of quality improvement in all aspects of the operations of health care facilities.  History of Section.G.L. 1938, ch. 259,  3; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-3; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-3; P.L. 1984, ch. 134,  1; P.L. 1996, ch. 433,  3. 
 23-17-30. Blood or tissue transfer services. (a) The procurement, processing, distribution, or use of whole blood, plasma, blood products, blood derivatives, and other human tissues such as corneas, bones, or organs for the purpose of injecting, transfusing, or transplanting any of them into the human body is declared to be, for all purposes, the rendition of a service by every person participating in the rendition of that service and, whether or not any remuneration is paid for the service, is declared not to be a sale of whole blood, plasma, blood products, blood derivatives, or other tissues, for any purpose. No health care facility, professional, or other person or organization involved in the procurement, processing, distribution, or use of whole blood, plasma, blood products, or blood derivatives for the purpose of injecting or transfusing any of them into the human body shall be liable for damages resulting from these activities except for his or her own negligence or willful misconduct.  (b) No hospital, nonprofit tissue bank, physician, nurse, or other medical personnel acting under the supervision and direction of a physician involved in the procurement, processing, distribution, or use of human tissues such as corneas, bones, or organs for the purpose of transplanting any of them into the human body shall be liable for damages resulting from those activities except for negligence or willful misconduct by that hospital, nonprofit tissue bank, physician, nurse, or other medical personnel.  History of Section.P.L. 1986, ch. 249,  1. 
 23-17-31.1. Human immunodeficiency virus (HIV) testing  Facilities for drug users. (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.  History of Section.P.L. 1995, ch. 370, art. 14,  18; P.L. 2006, ch. 599,  7; P.L. 2009, ch. 196,  7; P.L. 2009, ch. 289,  7. 
 23-17-31. Human immunodeficiency virus (HIV) testing  Hospitals. (a) Hospital patients in any hospital licensed under this chapter shall be offered testing for human immunodeficiency virus (HIV) as set forth in chapter 23-6.3.  (b) [Deleted by P.L. 2009, ch. 196,  7 and P.L. 2009, ch. 289,  7].  (c) [Deleted by P.L. 2009, ch. 196,  7 and P.L. 2009, ch. 289,  7].  (d) [Deleted by P.L. 2009, ch. 196,  7 and P.L. 2009, ch. 289,  7].  History of Section.P.L. 1988, ch. 405,  2; P.L. 2000, ch. 171,  4; P.L. 2009, ch. 196,  7; P.L. 2009, ch. 289,  7. 
 23-17-32. Mammograms  Quality assurance standards. Any licensed health care facility performing a mammogram shall meet state-approved quality assurance standards for taking and processing mammograms. The director of health shall have the authority to promulgate rules and regulations necessary to carry out the provisions of this section.  History of Section.P.L. 1989, ch. 217,  7. 
 23-17-33. Pap smears  Quality assurance standards. 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.  History of Section.P.L. 1989, ch. 217,  14. 
 23-17-34. Criminal records review  Nursing facilities  Home nursing-care providers and home-care providers. (a) Any person seeking employment in a nursing facility, a home nursing-care provider, hospice provider, or a home-care provider who is, or is required to be, licensed, registered, or certified with the department of health if that employment involves routine contact with a patient or resident without the presence of other employees, shall undergo a national criminal records check that shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department of attorney general. The national criminal records check shall be initiated prior to, or within one week of, employment. All persons who, as of September 30, 2014, are already employed by a covered facility or provider and all persons who, as of such date, already provide services under this chapter, shall be exempted from the requirements of this section for purposes of their current employment only.  (b) The director of the department of health may, by rule, identify those positions requiring criminal records checks. The identified employee, through the employer, shall apply to the bureau of criminal identification of the department of attorney general for a national criminal records check. Upon the discovery of any disqualifying information as defined in  23-17-37 and, in accordance with the rule promulgated by the director of health, the bureau of criminal identification of the department attorney general will inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the employer, in writing, that disqualifying information has been discovered.  (c) An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee.  (d) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the department of attorney general shall inform the applicant and the employer, in writing, of this fact.  (e) The employer shall maintain on file, subject to inspection by the department of health, evidence that statewide criminal records checks have been initiated on all employees seeking employment between October 1, 1991, and September 30, 2014, and the results of the checks. Failure to maintain that evidence would be grounds to revoke the license or registration of the employer. The employer shall maintain on file, subject to inspection by the department of health, evidence that national criminal records checks have been initiated on all employees seeking employment on or after October 1, 2014, and the results of those checks.  (f) The employee shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of attorney general.  History of Section.P.L. 1991, ch. 368,  3; P.L. 1992, ch. 407,  1; P.L. 1993, ch. 306,  1; P.L. 1996, ch. 310,  2; P.L. 2014, ch. 347,  3; P.L. 2014, ch. 399,  3. 
 23-17-35. Prior criminal records checks. If an applicant for employment has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification or local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.  History of Section.P.L. 1991, ch. 368,  3; P.L. 1992, ch. 407,  1. 
 23-17-36. Rules and regulations. The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter as well as establishing administrative penalties for violations of the provisions of  23-17-60 and 23-17-61.  History of Section.P.L. 1991, ch. 368,  3; P.L. 2014, ch. 366,  2; P.L. 2014, ch. 376,  2. 
 23-17-37. Disqualifying information. (a) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature) felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony larceny, or felony banking law violations, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elders, or a crime under section 1128(a) of the Social Security Act (42 U.S.C.  1320a-7(a)). An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee. An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee.  (b) For purposes of this section, conviction means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.  History of Section.P.L. 1991, ch. 368,  3; P.L. 1993, ch. 306,  2; P.L. 2014, ch. 347,  3; P.L. 2014, ch. 399,  3. 
 23-17-38.1. Hospitals  Licensing fee. (a) There is imposed a hospital licensing fee for state fiscal year 2021 against each hospital in the state. The hospital licensing fee is equal to five percent (5.0%) of the net patient-services revenue of every hospital for the hospitals first fiscal year ending on or after January 1, 2019, except that the license fee for all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human Services of a state plan amendment submitted by the executive office of health and human services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of revenue, and all the administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 13, 2021, and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before June 15, 2020, make a return to the tax administrator containing the correct computation of net patient-services revenue for the hospital fiscal year ending September 30, 2019, and the licensing fee due upon that amount. All returns shall be signed by the hospitals authorized representative, subject to the pains and penalties of perjury.  (b) There is also imposed a hospital licensing fee for state fiscal year 2022 against each hospital in the state. The hospital licensing fee is equal to five and six hundred fifty-six thousandths percent (5.656%) of the net patient-services revenue of every hospital for the hospitals first fiscal year ending on or after January 1, 2020, except that the license fee for all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human Services of a state plan amendment submitted by the executive office of health and human services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of revenue, and all the administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 13, 2022, and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before June 15, 2022, make a return to the tax administrator containing the correct computation of net patient-services revenue for the hospital fiscal year ending September 30, 2020, and the licensing fee due upon that amount. All returns shall be signed by the hospitals authorized representative, subject to the pains and penalties of perjury.  (c) There is also imposed a hospital licensing fee for state fiscal year 2023 against each hospital in the state. The hospital licensing fee is equal to five and forty-two hundredths percent (5.42%) of the net patient-services revenue of every hospital for the hospitals first fiscal year ending on or after January 1, 2021, except that the license fee for all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human Services of a state plan amendment submitted by the executive office of health and human services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of revenue, and all the administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before June 30, 2023, and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before May 25, 2023, make a return to the tax administrator containing the correct computation of net patient-services revenue for the hospital fiscal year ending September 30, 2021, and the licensing fee due upon that amount. All returns shall be signed by the hospitals authorized representative, subject to the pains and penalties of perjury.  (d) For purposes of this section the following words and phrases have the following meanings:  (1) Hospital means the actual facilities and buildings in existence in Rhode Island, licensed pursuant to  23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless of changes in licensure status pursuant to chapter 17.14 of this title (hospital conversions) and  23-17-6(b) (change in effective control), that provides short-term acute inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital through receivership, special mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly negotiated rates between the court-approved purchaser and the health plan, and such rates shall be effective as of the date that the court-approved purchaser and the health plan execute the initial agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient hospital payments set forth in  40-8-13.4(b) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1 following the completion of the first full year of the court-approved purchasers initial Medicaid managed care contract.  (2) Gross patient-services revenue means the gross revenue related to patient care services.  (3) Net patient-services revenue means the charges related to patient care services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances.  (e) The tax administrator shall make and promulgate any rules, regulations, and procedures not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper administration of this section and to carry out the provisions, policy, and purposes of this section.  (f) The licensing fee imposed by subsection (a) shall apply to hospitals as defined herein that are duly licensed on July 1, 2020, and shall be in addition to the inspection fee imposed by  23-17-38 and to any licensing fees previously imposed in accordance with this section.  (g) The licensing fee imposed by subsection (b) shall apply to hospitals as defined herein that are duly licensed on July 1, 2021, and shall be in addition to the inspection fee imposed by  23-17-38 and to any licensing fees previously imposed in accordance with this section.  (h) The licensing fee imposed by subsection (c) shall apply to hospitals as defined herein that are duly licensed on July 1, 2022, and shall be in addition to the inspection fee imposed by  23-17-38 and to any licensing fees previously imposed in accordance with this section.  History of Section.P.L. 1994, ch. 70, art. 19,  1; P.L. 1995, ch. 370, art. 17,  1; P.L. 1996, ch. 100, art. 14,  1; P.L. 1997, ch. 30, art. 8,  1; P.L. 1998, ch. 31, art. 12,  1; P.L. 1999, ch. 31, art. 7,  1; P.L. 2000, ch. 55, art. 8,  1; P.L. 2001, ch. 77, art. 8,  1; P.L. 2002, ch. 65, art. 34,  1; P.L. 2003, ch. 376, art. 11,  1; P.L. 2004, ch. 595, art. 21,  1; P.L. 2005, ch. 117, art. 26,  1; P.L. 2006, ch. 246, art. 18,  1; P.L. 2007, ch. 73, art. 11,  1; P.L. 2008, ch. 100, art. 31,  1; P.L. 2009, ch. 68, art. 16,  2; P.L. 2010, ch. 23, art. 9,  9; P.L. 2010, ch. 239,  19; P.L. 2011, ch. 151, art. 19,  11; P.L. 2012, ch. 241, art. 21,  1; P.L. 2013, ch. 144, art. 9,  4; P.L. 2014, ch. 145, art. 16,  1; P.L. 2014, ch. 528,  51; P.L. 2015, ch. 141, art. 5,  2; P.L. 2016, ch. 142, art. 13,  7; P.L. 2017, ch. 302, art. 8,  7; P.L. 2017, ch. 451,  10; P.L. 2018, ch. 47, art. 7,  2; P.L. 2019, ch. 88, art. 5,  3; P.L. 2021, ch. 162, art. 6,  4, effective July 1, 2021; P.L. 2022, ch. 231, art. 6,  1, effective June 27, 2022. 
 23-17-38. Establishment of fees. The director shall establish fees for licensure application, licensure renewal, inspection, and administrative actions under this chapter. Annual inspection fees for hospitals and rehabilitation hospital centers shall be assessed on a per facility basis, as well as an additional fee per bed. Annual licensure fees for for-profit end stage renal dialysis facilities shall be assessed on a per facility basis. Annual licensure fees for home nursing-care providers and home-care providers shall be assessed on a per facility basis; however, no additional license fee shall be charged when a home nursing-care provider or home-care provider changes location during any calendar year for which an annual license fee has already been paid for that home nursing-care provider or home-care provider. All fees required in this section shall be as set forth in  23-1-54. Annual licensure fees for organized ambulatory care facilities shall also be as set forth in  23-1-54, provided that not-for-profit entities operating more than one ambulatory care facility shall be subject to a single annual licensure fee for all such licenses; provided, further, that nonprofit charitable community health centers, school based health centers and nonprofit hospice programs with a current home nursing care provider license shall be exempt from the fee. All annual licensure fees not otherwise designated shall be established in regulation and shall be collected and deposited as general revenues of the state.  History of Section.P.L. 1993, ch. 138, art. 32,  2; P.L. 1994, ch. 70, art. 19,  2; P.L. 1994, ch. 330,  1; P.L. 1994, ch. 386,  1; P.L. 1995, ch. 370, art. 40,  63; P.L. 1996, ch. 310,  2; P.L. 2001, ch. 168,  1; P.L. 2001, ch. 224,  1; P.L. 2002, ch. 65, art. 13,  21; P.L. 2002, ch. 398,  1; P.L. 2007, ch. 73, art. 39,  30; P.L. 2012, ch. 241, art. 9,  40. 
 23-17-39. Immunity from liability. No employer who disqualifies an individual from employment or continued employment within thirty (30) days of receipt of a letter containing disqualifying information as defined in  23-17-37 or of a criminal background report relating to the individual shall be liable for civil damages or subject to any claim, demand, cause of action or proceeding of any nature as a result of the disqualification.  History of Section.P.L. 1993, ch. 306,  3. 
 23-17-4.1. Rules and regulations for school-based health centers.  (a) On or before January 1, 2022, the department of health shall promulgate rules and regulations for the specific licensing and operation of school-based health centers in elementary and secondary schools. All school-based health centers as defined in  23-17-2 shall be licensed and operated pursuant to a school-based health center license.  (b) The rules and regulations promulgated by the department pursuant to the provisions of this section shall include, but not be limited to, requirements for adequate and appropriate staffing to include a requirement for a certified nurse-teacher to be employed and present in any elementary or secondary school with a school-based health center on site and for the establishment of standards of care and adequate supervision and management of staff.  (c) Pursuant to rules and regulations promulgated pursuant to the provisions of this section, every entity applying to be licensed as a school-based health center in an elementary or secondary school shall be responsible for:  (1) Developing and implementing a staffing/personnel plan that includes the schools certified nurse-teacher as a primary source of patient referrals, and articulates the role of the certified nurse-teacher in student and family communication, care coordination, and delivery of services to students; and  (2) Submitting for review by the department of health, any written agreements, memoranda of understanding, and/or other terms and conditions agreed to between the healthcare facility or the entity operating the healthcare facility and the school district and/or collective bargaining agent.  (d) The department shall not issue licenses for school-based health centers or any other healthcare facilities to be located in elementary or secondary schools until rules and regulations are promulgated pursuant to the provisions of this section.  History of Section.P.L. 2021, ch. 351,  1, effective July 12, 2021; P.L. 2021, ch. 352,  1, effective July 12, 2021. 
 23-17-4. License required for healthcare facility operation. (a) No person acting severally or jointly with any other person shall establish, conduct, or maintain a healthcare facility in this state without a license under this chapter; provided, however, that any person, firm, corporation, or other entity that provides volunteer, registered and licensed practical nurses to the public shall not be required to have a license as a healthcare facility.  (b) Each location at which a healthcare facility provides services shall be licensed; provided, however, that a hospital or organized ambulatory-care facility shall be permitted to provide, solely on an ambulatory basis, limited physician services, other limited, professional healthcare services, and/or other limited, professional mental-healthcare services in conjunction with services provided by and at community health centers, community mental-health centers, organized ambulatory-care facilities or other licensed healthcare facilities, physicians offices, and facilities operated by the department of corrections without establishing such locations as additional licensed premises of the hospital or organized ambulatory-care facility; provided, that a healthcare facility licensed as an organized ambulatory-care facility in the state, may provide services at other locations operated by that licensed organized ambulatory-care facility, without the requirement of a separate, organized ambulatory-care facility license for such other locations. For purposes of this section, an organized ambulatory-care facility or other licensed healthcare facility shall not include a freestanding emergency-care facility. The department is further authorized to adopt rules and regulations to accomplish the purpose of this section, including, but not limited to, defining limited physician services, other limited, professional healthcare services, and/or other limited, professional mental-healthcare services.  (c) The reimbursement rates for the services rendered in the settings listed in subsection (b) shall be subject to negotiations between the hospitals, organized, ambulatory-care facilities, and the payors, respectively, as defined in  23-17.12-2.  History of Section.P.L. 1932, ch. 1956,  1; G.L. 1938, ch. 259,  1; P.L. 1948, ch. 2112,  1; G.L. 1938, ch. 259,  4; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-4; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-4; P.L. 2001, ch. 334,  1; P.L. 2012, ch. 252,  1; P.L. 2012, ch. 266,  1; P.L. 2014, ch. 498,  1; P.L. 2014, ch. 531,  1; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1. 
 23-17-40. Hospital and freestanding emergency-care facility events reporting. (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 generals 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 patients 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 patients 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 Forums 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.  History of Section.P.L. 1994, ch. 52,  1; P.L. 1994, ch. 126,  1; P.L. 2002, ch. 389,  1; P.L. 2005, ch. 47,  1; P.L. 2005, ch. 59,  1; P.L. 2013, ch. 341,  3; P.L. 2013, ch. 394,  3; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1. 
 23-17-41. Employer/employee relationships. A home nursing care provider and home care provider shall be considered for all purposes an employer; and those persons that it supplies on a temporary basis shall be considered employees and not independent contractors; and home nursing care providers and home care providers shall be subject to all state and federal laws which govern employer/employee relationships.  History of Section.P.L. 1996, ch. 310,  3. 
 23-17-42. Home nursing care providers  Uncompensated care provisions. The director shall establish minimum level of uncompensated care on an annual basis to be provided by licensed home nursing care providers. These minimal levels shall be reasonable and shall be based upon historical levels of uncompensated care with the exclusion of bad debt. Failure to meet this standard shall be grounds for action pursuant to  23-17-8 and 23-17-8.1.  History of Section.P.L. 1996, ch. 310,  3. 
 23-17-43. Charity care requirements. Any new hospital or freestanding emergency-care facility licensee shall meet the statewide community standard for the provision of charity-care services as a condition of initial and continued licensure. That standard shall be consistent with guidelines established by the legislature in the charters of the existing hospitals in the state that hold charters from the legislature.  History of Section.P.L. 1996, ch. 433,  4; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1. 
 23-17-44. Moratorium on new initial nursing-facility licensed beds and on increases to the licensed capacity of existing nursing-facility licenses. (a) The licensing agency shall issue no new initial licenses for nursing facilities prior to July 1, 2022; provided, however, that any person holding a nursing facility license may undertake activities to construct and operate a replacement nursing facility with the same or lower bed capacity as is presently licensed, provided that the replacement facility may only be licensed upon the otherwise unconditional cessation of operation of the previously licensed nursing facility.  (b) Prior to July 1, 2022, and with the exception of the culture initiative pursuant to subsection (d), the licensing agency shall not increase the licensed bed capacity of any existing licensed nursing facility, including any nursing facility approved for change in ownership pursuant to  23-17-14.3 and 23-17-14.4, to greater than the level of the facilitys licensed bed capacity as of August 21, 1996, plus the greater of ten (10) beds or ten percent (10%) of the licensed bed capacity. Any person holding a previously issued and valid certificate of need as of the date of passage of this section, or who shall subsequently be granted a certificate of need pursuant to subsection (a), shall be permitted to effect a prior certificate from the licensing agency consistent with any other statutory and regulatory provisions that may further apply. Notwithstanding any other provision of the law to the contrary, including any moratorium on increasing bed capacity in nursing facilities that may otherwise apply, the licensing agency shall be permitted to increase the licensed bed capacity of an existing nursing facility by no more than the number of beds previously licensed to one or more other licensed nursing facilities provided that:  (1) All nursing facilities involved in any such transaction must be located within the same municipality;  (2) The owner of a licensed nursing care facility seeking to increase its licensed bed capacity must receive approval, following review by the health services council from the licensing agency for change in owner of the nursing facility or facilities;  (3) The nursing facilitys licensed bed capacity may only be increased upon the otherwise unconditional cessation of operation of the previously licensed other nursing facility or facilities and the return of the license of the nursing facility or nursing facilities to the licensing agency; and  (4) The licensed nursing care facility seeking to increase its licensed bed complement must comply with any requirements of the health care certificate of need act, chapter 15 of this title.  (c) Notwithstanding any other provision of the law to the contrary, including any moratorium on increasing bed capacity in nursing facilities that may otherwise apply, a nursing facility may take out of service any or all beds of its licensed capacity without impediment to its right to place back into service those beds at a future date under the same terms and conditions as applied at the time of taking them out of service.  (d) Culture-change initiative. Notwithstanding any other provision of the law to the contrary, including any moratorium on increasing bed capacity in nursing facilities that may otherwise apply, the licensing agency may increase the licensed bed capacity of any existing licensed nursing facility, including any nursing facility approved for change in ownership pursuant to  23-17-14.3 and 23-17-14.4, for the purposes of nursing facility culture change, in accordance with the following criteria and procedures:  (1) Culture-change definitions and criteria shall be established through regulation to restrict beds added under this initiative only to beds that are designed to provide enhanced quality of life to nursing facility residents through the adoption of principles and building designs established by the Eden Alternative, Green House, or Small House programs or other like means;  (2) Only beds taken out of service due to facility closure after January 1, 2010, shall be available for facility expansion under this culture-change initiative subsection. The total number of beds that may be licensed to increase capacity under this culture-change initiative shall be limited to ninety percent (90%) of the first fifty (50) beds that are taken out of service, to seventy percent (70%) of the next fifty (50) beds that are taken out of service, and to fifty percent (50%) of any additional beds taken out of service;  (3) Only nursing facilities licensed in the state are eligible to expand under the culture-change initiative;  (4) The department shall promulgate regulations to govern an open and competitive process to determine the licensure of expansion beds under this culture-change initiative, and shall consider the impact on the regional distribution of, and access to, nursing facility beds in the state; and  (5) Any facility seeking to expand its licensed bed capacity under this initiative, that will result in an expenditure that meets or exceeds the criteria for determination of need review under chapter 15 of this title, shall be required to receive approval under chapter 15 of this title.  History of Section.P.L. 1996, ch. 433,  4; P.L. 1997, ch. 44,  1; P.L. 1997, ch. 66,  1; P.L. 1999, ch. 361,  1; P.L. 2001, ch. 157,  1; P.L. 2002, ch. 236,  1; P.L. 2002, ch. 292,  2, 99; P.L. 2004, ch. 319,  1; P.L. 2004, ch. 566,  1; P.L. 2006, ch. 543,  1; P.L. 2009, ch. 83,  1; P.L. 2010, ch. 60,  1; P.L. 2010, ch. 76,  1; P.L. 2010, ch. 309,  1; P.L. 2013, ch. 33,  1; P.L. 2013, ch. 41,  1; P.L. 2016, ch. 531,  1; P.L. 2017, ch. 282,  1; P.L. 2017, ch. 296,  1; P.L. 2019, ch. 198,  1; P.L. 2019, ch. 228,  1. 
 23-17-45. Quality standards for volume related tertiary services. The director is authorized to establish through regulation quality and volume related standards to be achieved and maintained for specific tertiary health care services offered by individual licensed health care facilities where peer reviewed medical and health literature establishes significant relationships between desired quality related outcomes and volume of services provided. The standards shall include time frames for achieving stipulated volumes of services. In developing the standards the director shall seek input from affected providers and the public at large. The director may accept in regulation the standards of and the accreditation from recognized national accrediting entities in lieu of standards and assessments otherwise developed pursuant to this section.  History of Section.P.L. 1996, ch. 433,  4. 
 23-17-46. Financial interest disclosure. (a)(1) Any health care facility licensed pursuant to this chapter which refers clients to another licensed health care facility or to a residential care/assisted living facility licensed pursuant to chapter 17.4 of this title or to a certified adult day care program in which the referring entity has a financial interest shall, at the time a referral is made, disclose, in writing, the following information to the client: (i) that the referring entity has a financial interest in the facility or provider to which the referral is being made; (ii) that the client has the option of seeking care from a different facility or provider which is also licensed and/or certified by the state to provide similar services to the client.  (2) The referring entity shall also offer the client a written list prepared by the department of all alternative licensed and/or certified facilities or providers.  (b) Noncompliance with this section shall constitute grounds to revoke, suspend or otherwise discipline the licensee or to deny an application for licensure by the director, or may result in imposition of an administrative penalty in accordance with chapter 17.10 of this title.  History of Section.P.L. 1997, ch. 103,  1; P.L. 1997, ch. 162,  1; P.L. 1998, ch. 373,  1; P.L. 1998, ch. 396,  1. 
 23-17-47. Identification badges. A health care facility shall require all persons, including students, who examine, observe, or treat a patient or resident of the facility to wear a photo identification badge which states, in a reasonably legible manner: (1) the first name, (2) licensure registration status, if any, (3) fluency in sign language other than English, if any, and (4) staff position of that person.  History of Section.P.L. 1997, ch. 306,  1; P.L. 2001, ch. 88,  1; P.L. 2001, ch. 253,  1. 
 23-17-48. Labor disputes/actions. Health care facilities shall provide the licensing agency with prompt notice of pending and actual labor disputes/actions which would impact delivery of patient care services including, but not limited to, strikes, walk-outs, and strike notices. Health care facilities shall provide a plan, acceptable to the director, for continued operation of the facility, suspension of operations, or closure in the event of an actual or potential labor dispute/action. The director of health has the authority to promulgate rules and regulations necessary to carry out the provisions of this section.  History of Section.P.L. 1999, ch. 39,  1; P.L. 1999, ch. 52,  1; P.L. 1999, ch. 88,  1. 
 23-17-49.1. Workplace and patient safety  Evacuation of surgical smoke plume required in operating rooms. (a) As used in this section, the following definitions shall apply:  (1) Smoke-evacuation system means smoke evacuators, laser plume evacuators, or local exhaust ventilators that capture and neutralize plume at the site of origin and before plume can make ocular contact or contact with the respiratory tract of employees.  (2) Surgical smoke means the by-product of use of energy-generating devices, including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and lung-damaging dust.  (b) In order to protect patient and health workers from the hazards of surgical smoke, each hospital and freestanding ambulatory surgical facility licensed in the state of Rhode Island pursuant to this chapter shall adopt policies to ensure the elimination of surgical smoke by use of a smoke-evacuation system for each procedure that generates surgical smoke from the use of energy-based devices such as, but not limited to, electrosurgery and lasers.  (c) Each hospital and freestanding ambulatory surgical center shall report to the department of health within ninety days (90) of the effective date of this act that policies pursuant to this section have been adopted.  History of Section.P.L. 2018, ch. 18,  1; P.L. 2018, ch. 25,  1. 
 23-17-49. Surgical procedures  General provisions. (a) The director shall determine through regulation categories of patients that shall be permitted to receive surgical services in free standing ambulatory surgical facilities, podiatry ambulatory surgery centers and physician ambulatory surgery centers providing surgical treatment based upon criteria including, but not limited to:  (1) Risks related to patient characteristics;  (2) The type of and risks associated with the anesthesia required; and  (3) As appropriate, the complexity of the surgical procedure and the expected duration of the surgical procedure.  (b) Further, the director shall determine through regulation categories of patients that are prohibited from receiving surgical services in free standing ambulatory surgical facilities, physician ambulatory surgery centers, podiatry ambulatory surgery centers, and physician offices not licensed under this chapter based upon criteria including, but not limited to:  (1) Risks related to patient characteristics;  (2) The type of and risks associated with the anesthesia required; and  (3) As appropriate, the complexity of the surgical procedure.  History of Section.P.L. 1999, ch. 136,  3; P.L. 2002, ch. 412,  1. 
 23-17-5.1. Additional information required of nursing facility applicants for initial licensure or change of ownership. (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 facilitys 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.  History of Section.P.L. 2005, ch. 158,  4; P.L. 2005, ch. 247,  4. 
 23-17-5.2. Additional information required for license renewal of all nursing facilities. (a) At least once every two (2) years, the department shall gather information from state departments and agencies relating to the experience and qualifications of the nursing facility applicant for relicensure.  (b) Effective January 1, 2006, any nursing facility applying for renewal of its license that contracts with a management company to assist with the facilitys operation shall file a copy of the management contract with the department including the management fee and, if the management company is a corporation or limited liability company, shall identify every person having an ownership interest of five percent (5%) or more in such corporation or limited liability company and, if the management company is a general partnership or limited partnership, shall identify all general or limited partners of such general partnership or limited partnership.  (c) Any nursing facility with any significant changes in its management contract shall submit a copy of the revised management contract to the department within thirty (30) days of the effective date of the new contract provisions.  History of Section.P.L. 2005, ch. 158,  4; P.L. 2005, ch. 247,  4. 
 23-17-5. Application for license. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain any information that the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with reasonable standards, rules, and regulations that are lawfully prescribed under this chapter. Each application shall be accompanied by payment of the fees prescribed in accordance with  23-17-38.  History of Section.G.L. 1938, ch. 259,  5; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-5; P.L. 1993, ch. 138, art. 32,  1. 
 23-17-50. Physician ambulatory-surgery center  Accreditation, survey, complaint investigation, and exemptions. (a) Accreditation from a national organization acceptable to the director may be required, at the discretion of the director, in lieu of an annual survey by the department.  (b) The provisions of subsection (a) shall not limit in any way the prerogatives of the director to inspect any physician ambulatory-surgery center at any reasonable time, whether for purpose of general survey or for complaint investigation. The director has access to all records of the licensed physician ambulatory-surgery center including medical records.  (c) Single practice physician ambulatory-surgery centers as defined in  23-17-2(17) are exempt from the requirements of chapter 15 of this title.  (d) Single practice physician ambulatory-surgery centers as defined in  23-17-2(17) are exempt from the provisions of  23-17-14.3 and 23-17-14.4 with respect to initial licensure under this chapter.  History of Section.P.L. 1999, ch. 136,  3; P.L. 2002, ch. 412,  1; P.L. 2009, ch. 197,  2; P.L. 2009, ch. 287,  2. 
 23-17-51. Magnetic resonance imaging  Quality assurance standards. (a) Except as otherwise provided in subsection (b) of this section, a magnetic resonance imaging examination eligible for reimbursement under the provisions of any individual or group health insurance contract, plan or policy delivered in this state shall be reimbursed only if the facility at which the examination has been conducted and processed is accredited by either the American College of Radiology (ACR), the Intersocietal Accreditation Commission (IAC), or an alternate nationally recognized accrediting organization whose accreditation standards are substantially similar to and no less stringent than current or subsequent ACR or IAC standards and have been reviewed and deemed adequate by the department of health. All accreditation standards under this section, whether promulgated by the ACR, IAC, or an alternate nationally recognized accrediting organization, shall include, but shall not be limited to, provisions for establishing the qualifications of the physician, standards for quality control and routine performance monitoring by a medical physicist, qualifications of the technologist including minimum standards of supervised clinical experience, personnel and patient safety guidelines, and standards for initial and ongoing quality control using clinical image review and quantitative testing.  (b) Any facility conducting and processing magnetic resonance imaging examinations which, as of June 30, 2006, is receiving reimbursement for such services by a health insurer, health maintenance organization or health plan, but is not accredited pursuant to subsection (a), shall file its application for accreditation within eighteen (18) months of July 14, 2006. Such accreditation shall be obtained not later than twelve (12) months after submission of its application. A facility which begins conducting and processing of magnetic resonance imaging examinations after June 30, 2006 shall file its application for accreditation within twelve (12) months of the date of initiation of the magnetic resonance imaging examinations. Such accreditation shall be obtained not later than twelve (12) months after submission of its application. After such accreditation is obtained, a facility conducting and processing magnetic resonance imaging examinations shall, at all times, maintain accreditation with the appropriate accrediting body. Notwithstanding anything herein to the contrary, any facility which has filed for accreditation pursuant to this subsection (b) and which has not been refused accreditation or withdrawn its application, will be deemed provisionally accredited for the twelve (12) month period dating from the application filing date. Provided, further, that notwithstanding any provision of the general laws or public laws to the contrary, any facility conducting and processing magnetic resonance imaging examinations shall conform to the standards of the appropriate accrediting body at all times, including during the accreditation process and shall certify said conformance to any reimbursing health insurer, health maintenance organization or health plan.  History of Section.P.L. 1999, ch. 169,  1; P.L. 2003, ch. 376, art. 34,  2; P.L. 2005, ch. 207,  1; P.L. 2006, ch. 596,  1; P.L. 2007, ch. 140,  1; P.L. 2007, ch. 277,  1; P.L. 2008, ch. 475,  48. 
 23-17-52. Department of health concern line. Any hospital licensed pursuant to this chapter shall provide the department of healths concern line number to all patients and staff through posted notices in conspicuous places throughout the hospital. The notices shall be written in English and in, at minimum, the three (3) most common foreign languages used by the patients served by each hospital as determined by the hospital.  History of Section.P.L. 2000, ch. 76,  1; P.L. 2001, ch. 88,  1; P.L. 2001, ch. 253,  1. 
 23-17-53. Physician contracts. (a) A hospital, by contract or otherwise, may not refuse or fail to grant or renew medical staff membership or staff privileges, or condition or otherwise limit or restrict medical staff membership or staff privileges, based in whole or in part on the fact that the physician or a partner, associate, or employee of the physician is providing medical or healthcare services at a different hospital, hospital system, or on behalf of a health plan. Notwithstanding the previous sentence, a hospital may condition or otherwise limit or restrict staff privileges for reasons related to the availability of limited resources as determined in advance by the hospitals governing body. Nor shall a hospital by contract, or otherwise, limit a physicians participation or staff privileges or the participation or staff privileges of a partner, associate, or employee of the physician at a different hospital, hospital system or health plan.  (b) This section does not prevent a hospital from entering into contracts with physicians to ensure physician availability and coverage at the hospital or to comply with regulatory requirements or quality of care standards established by the governing body of the hospital, if contracts, requirements or standards do not require that a physician join, participate in or contract with a physician-hospital organization or similar organization as a condition of the grant or continuation of medical staff membership or staff privileges at the hospital.  (c) This section does not prevent the governing body of a hospital from limiting the number of physicians granted medical staff membership or privileges at the hospital based on a medical staff development plan that is unrelated to a physician or a partner, associate, or employee of a physician having medical staff membership or privileges at another hospital or hospital system.  (d) A contract provision that violates this section shall be void and of no force and effect.  (e) Hospitals shall allow patients of their medical staff to be evaluated and educated by the various appropriate departments of the hospital upon referral by their treating physician, regardless of the physician affiliation, as long as the physician has unrestricted privileges in their field of practice.  History of Section.P.L. 2000, ch. 124,  1; P.L. 2000, ch. 331,  1; P.L. 2009, ch. 132,  1; P.L. 2009, ch. 172,  1. 
 23-17-54. Provisions of interpreter services. (a) Every hospital and freestanding emergency-care facility shall, as a condition of initial or continued licensure, provide a qualified interpreter, if an appropriate bilingual clinician is not available to translate, in connection with all services provided to every non-English speaker who is a patient or seeks appropriate care and treatment and is not accompanied or represented by an appropriate, qualified interpreter or a qualified sign-language interpreter who has attained at least sixteen (16) years of age.  (b) Each hospital and freestanding emergency-care facility shall post a multi-lingual notice in conspicuous places setting forth the requirement in subsection (a) in English and the, at minimum, three (3) most-common foreign languages used by the hospital or freestanding emergency-care facility as determined by the hospital or freestanding emergency-care facility.  (c) The receipt by a non-English speaker of interpreter services shall not be deemed the receipt of a benefit under any provisions of law restricting benefits or assistance on the basis of immigrant status.  (d) Nothing in this section shall be construed to affect or limit any rights, remedies, or obligations under chapter 24 of title 11 or under chapters 87 or 112 of title 42.  History of Section.P.L. 2001, ch. 88,  2; P.L. 2001, ch. 253,  2; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1. 
 23-17-55. Severability. If any provision of this chapter or the application of it to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 2001, ch. 88,  2; P.L. 2001, ch. 253,  2. 
 23-17-56. School based health centers  Special requirements and exceptions. (a) In order to apply for and/or maintain a current license as a school based health center, a person must possess a current license as a health care facility pursuant to the provisions of this chapter.  (b) School based health centers shall be exempt from the provisions of  23-17-14.3 and 23-17-14.4.  History of Section.P.L. 2001, ch. 168,  2. 
 23-17-57. Podiatry ambulatory-surgery center  Accreditation, survey, complaint investigation, and exemptions. (a) Accreditation from a national organization acceptable to the director may be required, at the discretion of the director, in lieu of an annual survey by the department.  (b) The provisions of subsection (a) shall not limit in any way the prerogatives of the director to inspect any podiatry ambulatory-surgery center at any reasonable time, whether for purpose of general survey or for complaint investigation. The director has access to all records of the licensed podiatry ambulatory-surgery center including medical records.  (c) Single practice podiatry ambulatory-surgery centers as defined in  23-17-2(18) are exempt from the requirements of chapter 15 of this title.  (d) Single practice podiatry ambulatory-surgery centers as defined in  23-17-2(18) are exempt from the provisions of  23-17-14.3 and 23-17-14.4 with respect to initial licensure under this chapter.  History of Section.P.L. 2002, ch. 412,  2; P.L. 2009, ch. 197,  2; P.L. 2009, ch. 287,  2. 
 23-17-58. Documentation of pre-hospital and pre-freestanding emergency-care facility exposure of emergency medical services workers. Hospitals and freestanding emergency-care facilities shall be required to complete the hospital-related information requirements of the pre-hospital exposure form for emergency service workers as required by  23-4.1-19. Further, the hospitals and freestanding emergency-care facilities shall report to the director of the department of health the information and data as may be required by regulation.  History of Section.P.L. 2006, ch. 224,  2; P.L. 2016, ch. 417,  1; P.L. 2016, ch. 418,  1. 
 23-17-59. Safe patient handling. (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 patients 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 patients physical and mental condition, the patients 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 programs 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 facilitys annual performance evaluation.  History of Section.P.L. 2006, ch. 353,  2; P.L. 2006, ch. 463,  2; P.L. 2008, ch. 475,  48. 
 23-17-6. Issuance of license  Posting  Transfer  Conditions. (a) Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant and healthcare facility meet the requirements established under this chapter and any rules and regulations that may be established in accordance with the requirements established under this chapter. A license issued under the provisions of this section shall be the property of the state and loaned to the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. Each license shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable except with the written approval of the licensing agency. Home nursing-care providers and home-care providers operating under a single license may establish branch offices under that same single license and that license shall be maintained and posted in the central office.  (b) Any change in owner, operator, or lessee of a licensed healthcare facility, (except for single-practice physician ambulatory-surgery centers, multi-practice physician ambulatory-surgery centers, single-practice podiatry ambulatory-surgery centers and multi-practice podiatry ambulatory-surgery centers as defined in subsections (17) and (18) of chapter 17, section 2) which license shall be transferable or assignable by decision of the licensing agency as shall be provided by regulation, shall require prior review by the health services council and approval of the licensing agency as a condition precedent to the transfer, assignment, or issuance of a new license. Issuance of the license may be made subject to any condition; provided, that no condition may be made unless it directly relates to the statutory purpose expressed in  23-17-3 or to the review criteria set forth in  23-17-14.3. This shall not limit the authority of the licensing agency to require correction of conditions or defects which existed prior to the proposed change of owner, operator, or lessee and of which notice had been given to the healthcare facility by the licensing agency.  History of Section.P.L. 1932, ch. 1956,  1; G.L. 1938, ch. 259,  1; P.L. 1948, ch. 2112,  1; G.L. 1938, ch. 259,  6; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-6; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-6; P.L. 1983, ch. 187,  1; P.L. 1984, ch. 134,  1; P.L. 1996, ch. 310,  2; P.L. 1999, ch. 136,  2; P.L. 2002, ch. 399,  1; P.L. 2009, ch. 197,  2; P.L. 2009, ch. 287,  2. 
 23-17-60. Compilation and publication of the charges for common hospital procedures. (a) Each hospital, licensed under this chapter, shall compile a list of its twenty-five (25) most commonly performed outpatient procedures and shall submit annually to the department of health a list of the range of average charges for each procedure, in a uniform reporting form adopted by the department.  (b) The department shall establish a list of the twenty-five (25) most commonly performed inpatient procedures in Rhode Island hospitals, as organized by a Medicare diagnostic-related group. The department of health shall annually develop a list of each hospitals range of average charges for those procedures. The department shall publish this compiled information on its website.  (c) Each hospital shall provide a copy of the lists described in subsections (a) and (b) to any person upon request.  History of Section.P.L. 2014, ch. 366,  1; P.L. 2014, ch. 376,  1. 
 23-17-61. Written estimates for hospital medical services. Upon the request of any person without health coverage or with an insurance deductible of five thousand dollars ($5,000) or higher, a hospital shall, within five (5) calendar days, provide that person with a written estimate based upon the best medical information known at the time, of the amount the hospital will require the person to pay for the healthcare services, procedures, and supplies that are reasonably expected to be provided to the person by the hospital, based upon an average length of stay and services provided for the persons diagnosis and including the amount for any facility fees required. The estimate may also indicate that it does not reflect any unanticipated services that become apparent at the time of treatment. The hospital may provide this estimate during normal business office hours. In addition to the estimate, the hospital shall provide information about its financial assistance and charity care policies and contact information for a hospital employee or office from which the person may obtain further information about these policies. If requested, the hospital shall also provide the person with an application for financial assistance or charity care. This section shall not apply to emergency services.  History of Section.P.L. 2014, ch. 366,  1; P.L. 2014, ch. 376,  1; P.L. 2017, ch. 366,  1; P.L. 2017, ch. 379,  1. 
 23-17-62. Criminal records review  Long-term care hospital. (a) For the purposes of this section, a long-term-care hospital shall mean a facility as described in 42 U.S.C.  1395ww(d)(1)(iv), that receives payment for inpatient services it provides to Medicare beneficiaries pursuant to 42 U.S.C.  1395ww(m).  (b) Any person seeking employment in any long-term-care hospital, having routine contact with a long-term-care hospital patient or having access to such a patients belongings or funds, shall undergo a national criminal records check that shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department of attorney general. The national criminal records check shall be processed prior to, or within one week of, employment. All persons who, as of September 30, 2014, are already employed by a long-term-care hospital and all persons who, as of such date, already provide services under this section, shall be exempted from the requirements of this section for purposes of their current employment only.  (1) The director may, by rule, identify those positions requiring national criminal records checks. The employee, through the employer, shall apply to the bureau of criminal identification of the department of attorney general for a national criminal records check. Upon the discovery of any disqualifying information, as defined in  23-17-62(c), and in accordance with the rule promulgated by the director, the bureau of criminal identification of the department of attorney general shall inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, shall notify the employer, in writing, that disqualifying information has been discovered.  (2) An employee against whom disqualifying information has been found may provide a copy of the national criminal records report to the employer. The employer shall make a judgment regarding the continued employment of the employee.  (3) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the department of attorney general shall inform the applicant and the employer, in writing, of this fact.  (4) The employer shall maintain on file, subject to inspection by the department, evidence that statewide criminal records checks have been initiated on all employees seeking employment between October 1, 1991, and September 30, 2014, and the results of the checks. The employer shall maintain on file, subject to inspection by the department, evidence that national criminal records checks have been initiated on all employees seeking employment on or after October 1, 2014, and the results of those checks. Failure to maintain that evidence would be grounds to revoke the license or registration of the employer.  (5) The employee shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of attorney general.  (c) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crimes against nature), felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny, or felony banking law violations, or a crime under section 1128(a) of the Social Security Act (42 U.S.C.  1320a-7(a)). An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee. For purposes of this subsection, conviction means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.  History of Section.P.L. 2014, ch. 347,  4; P.L. 2014, ch. 399,  4. 
 23-17-63. Patient safety  Circulating nurses required in operating rooms. (a) The following definitions apply in this section:  (1) Circulating nurse means registered nurse licensed to practice in the state of Rhode Island who is educated and trained in perioperative nursing.  (2) Perioperative nursing means specialized area of nursing practice that involves the planning, coordination, delivery, and evaluation of nursing care to patients whose protective reflexes or self-care abilities are potentially compromised during surgical procedures.  (b) In order to enhance patient safety and protection, each hospital and freestanding ambulatory surgical facility licensed in the state of Rhode Island shall adopt policies and procedures to have a minimum of one circulating nurse physically present in each operating room for the duration of each surgical procedure to:  (1) Coordinate the nursing care and safety needs of patients in the operating room; and  (2) Support the surgical team as appropriate during surgery.  (c) The department of health shall not issue or renew a license unless the applicant is in compliance with this section.  History of Section.P.L. 2016, ch. 487,  1; P.L. 2016, ch. 492,  1. 
 23-17-64. Influenza immunization. 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.  History of Section.P.L. 2018, ch. 158,  1; P.L. 2018, ch. 206,  1. 
 23-17-65. Transparency of ownership in healthcare facilities. (a) Any operator or operators of a nursing facility shall file with the department of health information of ownership including, but not limited to, the following:  (1) The name, address, and a description of the interest held by each of the following persons:  (i) Any person who, directly or indirectly, beneficially owns any interest in the land on which the facility is located;  (ii) Any person who, directly or indirectly, beneficially owns any interest in the building in which the facility is located;  (iii) Any person who, directly or indirectly, beneficially owns any interest in any mortgage, note, deed of trust, or other obligation secured, in whole or in part, by the land on which or building in which the facility is located;  (iv) Any person who, directly or indirectly, has any interest as lessor or lessee in any lease or sub-lease of the land on which or the building in which the facility is located;  (v) Any person who is the ultimate and actual owner of the land, building, mortgages, and leases of the nursing facility and any lessee of the land or building; and  (vi) The operator or operators of the nursing facility.  (2) If any person named in subsection (a)(1) of this section is a partnership or limited liability company, then the name and address of each partner or member.  (3) If any person named in subsection (a)(1) of this section is a corporation, other than a corporation whose shares are traded on a national securities exchange or are regularly quoted in an over-the-counter market or which is a commercial bank, savings bank, or savings and loan association, then the name and address of each officer, director, stockholder and, if known, each principal stockholder and controlling person of such corporation.  (4) If any corporation named in subsection (a)(1) of this section is a corporation whose shares are traded on a national securities exchange or are regularly quoted in an over-the-counter market or which is a commercial bank, savings bank, or savings and loan association, then the name and address of the principal executive officers and each director and, if known, each principal stockholder of such corporation.  (b) In order to promote greater transparency, the department of health shall, upon request, furnish to the public all documents and information received pursuant to this section.  (c) As used in this section, the term operator means the licensee and also includes the complete ownership entity above the actual entity holding the license.  History of Section.P.L. 2022, ch. 299,  1, effective June 29, 2022; P.L. 2022, ch. 300,  1, effective June 29, 2022. 
 23-17-7. Expiration and renewal of license. A license, unless sooner suspended or revoked, shall expire by limitation on the thirty-first (31st) day of December following its issuance and may be renewed from year to year. In the case of facilities that have not maintained federal certification, the license may be renewed after inspection, report, approval, and collection of fees by the licensing agency. The inspection shall be made any time prior to the date of expiration of the license. For those facilities that have maintained federal certification, no inspection shall be required. The report shall contain information in the form that the licensing agency shall prescribe by regulation.  History of Section.P.L. 1932, ch. 1956,  1; G.L. 1938, ch. 259,  1; P.L. 1948, ch. 2112,  1; G.L. 1938, ch. 259,  6; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-7; P.L. 1964, ch. 102,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-7; P.L. 1993, ch. 138, art. 32,  1; P.L. 2017, ch. 203,  1; P.L. 2017, ch. 267,  1. 
 23-17-8.1. Curtailment of activities. Whenever the director determines that a health care facility licensed under this chapter is not being operated in conformance with all of the requirements established under this chapter, the director may, in lieu of suspension or revocation of the license of the facility, order the licensee to be placed on probationary status and set conditions with which the licensee must comply within a set period of time, order the licensee to admit no additional persons to the facility, to provide health services to no additional persons through the facility, to transfer all or some of the persons occupying the facility to other suitable accommodations, or to take any other corrective action necessary to secure compliance with the requirements established under this chapter. Notice of the order and any subsequent hearing that may be scheduled shall comply with the requirements of procedural due process stipulated in  23-17-8. The director may act pursuant to this section only in those instances wherein the director determines that the continued operation of the facility will not result in undue hardship to its occupants.  History of Section.P.L. 1978, ch. 269,  7; G.L. 1956,  23-16-8.1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-8.1; P.L. 2005, ch. 158,  2; P.L. 2005, ch. 247,  2. 
 23-17-8. Denial, suspension, or revocation of license. The licensing agency, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license, including the licensure of culture change beds approved pursuant to  23-17-44, in any case in which it finds that there has been a failure to comply with the requirements established under this chapter. The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action, and fixing a date not less than thirty (30) days from the date of the mailing or service, at which the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of the hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant or licensee. The decision denying, suspending, or revoking the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within the thirty (30) day period, appeals the decision pursuant to  42-35-15. The procedure governing hearings authorized by this section shall be in accordance with  42-35-9  42-35-13 as stipulated in  42-35-14(a). A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to  42-35-15. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party.  History of Section.P.L. 1932, ch. 1956,  1; G.L. 1938, ch. 259,  1; P.L. 1948, ch. 2112,  1; G.L. 1938, ch. 259,  7; P.L. 1949, ch. 2387,  1; impl. am. P.L. 1956, ch. 3717,  1; G.L. 1956,  23-16-8; P.L. 1968, ch. 171,  2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-8; P.L. 1979, ch. 197,  1; P.L. 2010, ch. 60,  1; P.L. 2010, ch. 76,  1. 
 23-17-9. Judicial review of license action. Any person who has exhausted all administrative remedies available to him or her within the licensing agency and who is aggrieved by a final decision of the licensing agency is entitled to judicial review in accordance with the provisions of  42-35-15 and 42-35-16.  History of Section.G.L. 1938, ch. 259,  8; P.L. 1949, ch. 2387,  1; G.L. 1956,  23-16-9; P.L. 1972, ch. 72,  1; P.L. 1978, ch. 269,  5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-17-9; P.L. 1979, ch. 197,  1. 
 23-18.1-1. Public expense burials. Unless the office of the state medical examiners has established its jurisdiction over the body of a deceased person in accordance with chapter 4 of this title, whoever has custody of the body of a deceased person required to be buried at public expense shall use reasonable efforts to ascertain if the deceased person has any relative or friend who will assume responsibility for burial at his or her expense. If no such person is found within twenty-four (24) hours after death, the person having custody of the dead body shall notify the director of the department of human services or his or her designee who shall arrange for the removal of the unclaimed body. If the body is not claimed at or before the expiration of thirty (30) hours thereafter, the director of the department of human services or his or her designee shall give public notice of its finding and a description of the unclaimed body, and within a reasonable time thereafter cause the body to be decently buried; and if the director certifies that he or she has made careful inquiry and that to the best of his or her knowledge and belief the person found dead is a stranger having no settlement in any city or town of the state, the actual expense of burial shall be paid from the general treasury upon proper vouchers for the burial approved by the director of human services in accordance with provisions of this section. To the extent that the department of human services makes payment of the burial expenses, it shall have the right to recover the burial expenses from the estate of the deceased person.  History of Section.P.L. 1976, ch. 263,  2; G.L. 1956,  23-42-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18.1-1; P.L. 2004, ch. 201,  1; P.L. 2004, ch. 350,  1. 
 23-18.10-1. Findings. The general assembly has found and declares that: (1) Available scientific evidence indicates a strong probability that the family of substances known as chlorofluorocarbons, when discharged into the atmosphere, degrade the earths protective layer of ozone, allowing increased amounts of ultraviolet radiation to penetrate the atmosphere, posing an acute and immediate danger to human health, life, and the environment. Available scientific evidence indicates the strong possibility that the resulting increase in human exposure to ultraviolet radiation may already have caused an increase in the incidence of skin cancers and other serious illnesses.  (2) There are substitutes for products containing chlorofluorocarbons currently available which do not use chlorofluorocarbons in their manufacture.  (3) The people of the state support international, federal, and state bans on all uses of chlorofluorocarbons not deemed absolutely essential.  (4) It is the intent of the general assembly to reduce the amount of CFC-processed products purchased and used by the people of Rhode Island, and thereby to reduce the health hazards created by the manufacture of these products.  History of Section.P.L. 1988, ch. 365,  1. 
 23-18.10-2. Definitions. (a) CFC 11 and CFC 12 are two (2) members of fully halogenated chlorofluorocarbons, which are substances containing carbon, fluorine, and chlorine, having no hydrogen atoms and no double bonds.  (b) Director means the director of the department of environmental management.  (c) Person or anyone means any natural person, firm, corporation, partnership, or other organization or group however organized.  History of Section.P.L. 1988, ch. 365,  1. 
 23-18.10-3. Prohibited use. No person shall purchase, obtain, or manufacture any CFC-11 and/or CFC-12 processed product, except as provided in  23-18.10-4 and 23-18.10-5.  History of Section.P.L. 1988, ch. 365,  1; P.L. 1990, ch. 81,  1. 
 23-18.10-4. Exemptions. The director shall exempt an item or product from the requirements of this chapter, upon a showing that the item or product has no acceptable non-CFC-processed equivalent and that imposing the requirements on that time or product would cause undue hardship.  History of Section.P.L. 1988, ch. 365,  1. 
 23-18.10-5. Existing contracts exempted. Any product required to be purchased under a contract entered into prior to April 30, 1988 shall be exempt from the provisions of this chapter.  History of Section.P.L. 1988, ch. 365,  1. 
 23-18.10-6. Penalties and enforcement. (a) Anyone violating or failing to comply with any of the requirements of this chapter shall be punished by a fine not to exceed five thousand dollars ($5,000).  (b) The director may seek legal, injunctive, or other equitable relief to enforce this chapter.  (c) The remedies and penalties provided in this section are cumulative and not exclusive.  History of Section.P.L. 1988, ch. 365,  1. 
 23-18.10-7. Repealed.
 23-18.10-8. Severability. If any part or provision of this chapter or the application of any part or provision to any person or circumstance is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter are severable.  History of Section.P.L. 1988, ch. 365,  1. 
 23-18.11-1. Paper bag incentive. (a) The general assembly finds that discarded packaging constitutes a significant category of waste within the states waste system and is, therefore, a necessary focus of any effort to preserve the capacity of the central landfill, as well as to reduce economic and environmental costs of waste management for the citizens of this state.  (b) In furtherance of state source reduction and recycling policies, it is the intent of this legislation to promote the use of paper bags as a preferred alternative to plastic bags. Paper bags are frequently made from recycled paper fiber, are recyclable and degradable, and minimize the use of non-renewable resources, including natural gas and petroleum.  (c) The general assembly has determined that certain retail establishments within the state are points of origin for a substantial volume of plastic bags and, therefore, are particularly susceptible to actions which have significant potential for simplifying the chemical composition of this portion of the states waste stream, thereby improving solid waste management within this state.  History of Section.P.L. 1988, ch. 424,  1. 
 23-18.11-2. Definitions. (a) Goods means all personal chattels, other than things in action or money, sold by a retail establishment for other than a commercial or business use or for purposes of resale, including clothes that have been cleaned or pressed or otherwise serviced at a retailing laundry and cleaning establishment.  (b) Paper bags means bags made from recycled paper fiber or from renewable resources, which bags are recyclable and biodegradable.  (c) Plastic bags means bags or coverings made from plastic resins or derived from non-renewable, petroleum-based feedstocks, including coverings for clothes that have been cleaned or pressed or otherwise serviced at laundry and cleaning establishments.  (d) Retail establishments means all sales outlets, stores, shops, or other places of business located within the state, which operate primarily to sell or convey goods, foods, or goods which have been the subject matter of the rendering of personal services thereon, directly to the ultimate consumer which are predominantly contained, wrapped, or held in or on packaging.  History of Section.P.L. 1988, ch. 424,  1. 
 23-18.11-3.1. Recycling containers for plastic bags. Every retail establishment that sells or conveys goods or food directly to the ultimate consumer within the state, shall provide within the retail establishment, at a location convenient for its customers, receptacles in which customers may place any used clean and dry plastic film bags for recycling as defined in  23-18.11-2, which includes, but shall not be limited to plastic film grocery sacks, plastic film shopping bags, dry cleaner film, fresh produce bags, and newspaper sleeves; provided that this provision shall apply only to those retail establishments where the aggregate conveyance of goods or food is in excess of eight million dollars ($8,000,000) annually at locations within Rhode Island, or where the retail establishment has over ten thousand (10,000 sq. ft.) square feet of retail or wholesale space at one location within Rhode Island. The retail establishment, at its own expense, shall be responsible for the cost, maintenance, and emptying of these receptacles and the delivery of the bags collected to a suitable recycling facility, or to an intermediary company or vendor whose business includes the recycling of plastics. Every retail establishment shall maintain records indicating where the plastic bags that are collected by such retail establishments are transported for recycling and report such information to the Rhode Island resource recovery corporation no later than January 31, 2009 and no later than every January 31 thereafter.  History of Section.P.L. 1993, ch. 223,  1; P.L. 2007, ch. 314,  1; P.L. 2007, ch. 444,  1; P.L. 2008, ch. 214,  1; P.L. 2008, ch. 239,  1. 
 23-18.11-3. Prohibited practices. No retail establishment located and doing business within the state shall sell or convey goods, food, or goods which have been the subject matter of the rendering of personal services thereon, directly to the ultimate consumers within the state in plastic bags, unless the retailer makes available to each consumer a paper bag as an option at no greater charge than the plastic bag. The retailer must advertise clearly the availability of this option. Any retailer who chooses to transfer purchases in paper bags only, need not make other optional bags available.  History of Section.P.L. 1988, ch. 424,  1. 
 23-18.11-4. Regulations. The Rhode Island resource recovery corporation shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter.  History of Section.P.L. 1988, ch. 424,  1. 
 23-18.11-5. Penalties. Willful failure to comply with  23-18.11-3 shall constitute a violation punishable by a fine not to exceed five hundred dollars ($500) for each occurrence.  History of Section.P.L. 1988, ch. 424,  1. 
 23-18.11-6. Severability. If any part or provision of this chapter, or the application of any part or provision to any person, entity, or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part of or provision of or application directly involved in the controversy in which the judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this law or the application to other persons, entities, or circumstances.  History of Section.P.L. 1988, ch. 424,  1. 
 23-18.12-1. Legislative purpose. The general assembly has determined that the packaging of beverages in non-recyclable containers is a significant source of waste within the state and is, therefore, a necessary concern of the effort to reduce the filling of the state central landfill as well as to reduce the economic and environmental costs of waste management for the citizens of the state.  History of Section.P.L. 1989, ch. 515,  1. 
 23-18.12-2. Definitions. (a) Beverage container means any sealable bottle, can, jar, or carton which contains a beverage.  (b) Beverage retailer means any person who engages in the sale of a beverage container to a consumer within the state, or any operator of a vending machine.  (c) Beverage wholesaler means any person who engages in the sale of beverage containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who engages in the sales.  (d) Beverages include milk, juices, carbonated soft drinks, soda water, mineral water, beer, and other malt beverages, wine and wine coolers, and all other packaged liquors and liquid mixes.  (e) Corporation means the Rhode Island resource recovery corporation.  (f) Department means the department of environmental management.  (g) Distributor establishments means all sales outlets, stores, and shops located in this state that sell beverages to consumers, except merchants who sell prepared food or drink for consumption on the premises.  (h) Recyclable means recovered resources able to be reused in manufacturing, agriculture, power production, or other processes.  (i) Recycling rate means the percentage by weight of a particular beverage container that is recovered from municipal and/or commercial collection programs for recycling. The recycling rate shall apply only to those beverages included in the state mandatory recycling program.  (j) Reusable means able to be refilled after proper processing on an economically feasible basis as a beverage container.  History of Section.P.L. 1989, ch. 515,  1; P.L. 1994, ch. 152,  1. 
 23-18.12-3. Beverage container recyclability requirements. (a) Every beverage distributor located and/or doing business in the state shall sell or convey beverages only in containers for beverages which:  (1) Shall have obtained a fifty percent (50%) recycling rate by 1992, as determined by the department pursuant to provisions of this chapter; and  (2) Are free of any design components which make it less recyclable than a container of the same volume, whose body is composed of the same material; and  (3) Are free of design components added to or substituted for existing recyclable containers, which would adversely affect the recyclability of the recyclable containers.  (b) To determine if a container meets the standards of recyclability of this chapter the department shall monitor the recycling rate, costs, and technical efficiency and feasibility of collecting and recycling all containers.  History of Section.P.L. 1989, ch. 515,  1. 
 23-18.12-4. Reporting  Determination of noncompliance  Orders  Appeals. (a) The department shall report to the governor, the general assembly and the corporation all findings of containers which are not in compliance with the requirements of this chapter, together with appropriate recommendations for adjustments in the containers.  (b) Within one hundred (100) days of a written determination that any container does not comply with the provisions of this chapter, the corporation may issue an order barring the container from use within the state. A person adversely affected or aggrieved by the issuance of an order under the provisions of this section may seek judicial review of the order in the superior court.  History of Section.P.L. 1989, ch. 515,  1. 
 23-18.12-5. Violations  Sanctions  Injunctive relief. The attorney general shall have the power to bring an action in the name of the state of Rhode Island, and the department through its legal counsel shall have the power to bring an action in the name of the department 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 under this chapter. Proceedings under this chapter shall be instituted and prosecuted in the name of the department, (1) by the attorney general but only upon the request of the department, or (2) by the department through its legal counsel. The superior court shall have the jurisdiction in equity to enforce the provisions of this chapter and any rules or regulations of the department promulgated under this chapter.  History of Section.P.L. 1989, ch. 515,  1. 
 23-18.12-6. Regulations. The department shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter.  History of Section.P.L. 1989, ch. 515,  1. 
 23-18.12-7.1. Demonstration projects excluded. The aseptic packaging council shall submit a demonstration project for the purposes of recycling aseptic packages in accordance with  23-18.12-7.  History of Section.P.L. 1990, ch. 76,  1; P.L. 2001, ch. 86,  76. 
 23-18.12-7. Demonstration projects. With approval of the department, a distributor of beverage containers will have the opportunity to undertake recycling projects or other projects as necessary, to demonstrate a containers recyclability or enhanced recyclability. After a determination of noncompliance under  23-18.12-4(a) the approval of the project by the department shall stay the time period for any action under  23-18.12-4(b). Any project must meet criteria agreeable to both the distributor and the department and is open to monitoring by the department, its employees, agents, or consultants.  History of Section.P.L. 1989, ch. 515,  1. 
 23-18.12-8. Severability. If any part or provision of this chapter or the application of any part or provision to any person, entity, or circumstances is judged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part of or provision of or application directly involved in the controversy in which the judgment has been rendered and shall not affect or impair the validity of the remainder of this law or its application to other persons, entities, or circumstances.  History of Section.P.L. 1989, ch. 515,  1. 
 23-18.13-1. Short title. This chapter shall be known as the Toxic Packaging Reduction Act. History of Section.P.L. 1990, ch. 149,  1. 
 23-18.13-10. Public access. Any request from a member of the public for any certificate of compliance from the manufacturer or supplier of a package or packaging component shall be:  (1) Made in writing with a copy provided to the department;  (2) Made specific as to package or packaging component information requested; and  (3) Responded to by the manufacturer or supplier within sixty (60) days.  History of Section.P.L. 1995, ch. 115,  2. 
 23-18.13-11. Effective date. This chapter shall become effective immediately upon adoption. History of Section.P.L. 1995, ch. 115,  2. 
 23-18.13-12. Severability and construction. The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability to any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be affected. The provisions of this chapter shall be liberally construed to give effect to the purposes of this chapter.  History of Section.P.L. 1995, ch. 115,  2. 
 23-18.13-13. Sunset. The provisions of  23-18.13-3(6)(iii) shall sunset on July 1, 2027. History of Section.P.L. 2022, ch. 293,  2, effective June 29, 2022; P.L. 2022, ch. 294,  2, effective June 29, 2022. 
 23-18.13-2. Findings. The general assembly has found and declares that: (1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment;  (2) Packaging comprises a significant percentage of the overall solid waste stream;  (3) The presence of heavy metals and both perfluoroalkyl and polyfluoroalkyl substances (PFAS) in packaging is a part of the total concern in light of their likely presence in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled;  (4) Lead, mercury, cadmium, hexavalent chromium, and PFAS, on the basis of available scientific and medical evidence, are of particular concern;  (5) It is desirable as a first step in reducing the toxicity of packaging waste to eliminate the addition of these heavy metals and PFAS to packaging; and  (6) The intent of this chapter is to achieve this reduction in toxicity without impeding or discouraging the expanded use of post-consumer materials in the production of packaging and its components.  History of Section.P.L. 1990, ch. 149,  1; P.L. 2022, ch. 293,  1, effective June 29, 2022; P.L. 2022, ch. 294,  1, effective June 29, 2022. 
 23-18.13-3. Definitions. (1) Department means the department of environmental management.  (2) Distribution means the practice of taking title to a package(s) or packaging component(s) for promotional purposes or resale. Persons involved solely in delivering a package(s) or packaging component(s) on behalf of third parties are not considered distributors.  (3) Distributor means any person, firm, or corporation who or that takes title to goods purchased for resale.  (4) Food packaging means any package or packaging component that is applied to or in direct contact with any food or beverage.  (5) Incidental presence means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.  (6)(i) Intentional introduction of PFAS means deliberately utilizing PFAS in the formulation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.  (ii) The use of a regulated chemical as a processing agent, mold release agent, or intermediate is considered intentional introduction for the purposes of this chapter where the regulated chemical is detected in the final package or packaging component.  (iii) [Expires July 1, 2027.] The use of post-consumer recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the post-consumer package or packaging component may contain amounts of the regulated chemicals but is neither desired nor deliberate, is not considered intentional introduction for the purposes of this chapter where said final package or packaging component is in compliance with  23-18.13-4(d). (The provisions of subsection (6)(iii) of this section shall sunset on July 1, 2027).  (7)(i) Intentional introduction of regulated materials means the act of deliberately utilizing a regulated metal in the formation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.  (ii) The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, whereupon the incidental retention of a residue of a regulated metal in the final package or packaging component is neither desired nor deliberate, is not considered intentional introduction for the purposes of this chapter where the final package or packaging component is in compliance with  23-18.13-4(c).  (iii) The use of post-consumer recycled materials as feedstock for the manufacture of new packaging materials where some portion of the recycled materials may contain amounts of the regulated metals is not considered intentional introduction for the purposes of this chapter where the new package or packaging component is in compliance with  23-18.13-4(c).  (8) Manufacturer means any person, firm, association, partnership, or corporation who sells, offers for sale, or offers for promotional purposes packages or packaging components which shall be used by any other person, firm, association, partnership, or corporation to package a product(s).  (9) Manufacturing means physical or chemical modification of a material(s) to produce packaging or packaging components.  (10) Package means a container providing a means of marketing, protecting or handling a product and shall include a unit package, an intermediate package and a shipping container as defined in ASTM D996. Package also means and includes such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.  (11) Packaging component means any individual assembled part of a package including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels. Tin-plated steel that meets the American Society for Testing and Materials (ASTM) specification A-623 is considered a single package component. Electro-galvanized coated steel and hot-dipped coated galvanized steel that meets the ASTM specifications A-525 and A-879 shall be treated in the same manner as tin-plated steel.  (12) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.  (13) Post-consumer recycled material means a material generated by households or by commercial, industrial, and institutional facilities in their role as end-users of the product that can no longer be used for its intended purpose, including returns of material from the distribution chain. Refuse-derived fuel or other material that is destroyed by incineration is not a recycled material.  (14) Substitute material means a material used to replace lead, cadmium, mercury, hexavalent chromium, PFAS, or other regulated chemical in a package or packaging component.  History of Section.P.L. 1990, ch. 149,  1; P.L. 1995, ch. 115,  1; P.L. 2022, ch. 293,  1, effective June 29, 2022; P.L. 2022, ch. 294,  1, effective June 29, 2022. 
 23-18.13-4. Prohibition  Schedule for removal of incidental amounts. (a) No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state, which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.  (b) No product shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state in a package which includes, in the package itself or in any of its packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.  (c) The sum on the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed 100 parts per million by weight (0.01%).  (d) Effective January 1, 2024, no food package to which PFAS have been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state.  (e) No substitute material used to replace a chemical regulated by this chapter in a package or packaging component may be used in a quantity or manner that creates a hazard as great as or greater than the hazard created by the chemical regulated by this act. The certificate of compliance required by  23-18.13-6 shall require an assurance to this effect.  (f) Interstate clearinghouse. The department is authorized to participate in the establishment and implementation of a regional or national, multi-state clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the regulatory applicability, certificates of compliance, education and outreach activities, and any other related functions. The clearinghouse may also maintain reports on the effectiveness of the program, certificates of analysis and compliance for product packaging.  History of Section.P.L. 1990, ch. 149,  1; P.L. 2001, ch. 86,  77; P.L. 2022, ch. 293,  1, effective June 29, 2022; P.L. 2022, ch. 294,  1, effective June 29, 2022. 
 23-18.13-5. Exemptions. (a) All packages and packaging components shall be subject to this chapter except the following:  (1) Those packages or packaging components with a code indicating date of manufacture that were manufactured prior to July 5, 1990; or  (2) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing or distribution process in order to comply with health or safety requirements of federal law provided that the manufacturer of a package or packaging component must petition the department of environmental management for any exemption from the provisions of this subdivision for a particular package or packaging component based upon either criterion; and provided further that the department of environmental management may grant a two (2) year exemption if warranted by the circumstances; and provided further that this exemption may, upon meeting either criterion of this subdivision, be renewed at two (2) year intervals; or  (3) Packages and packaging components incidental to any alcoholic beverage, as defined in  3-1-1, which was bottled prior to October 1, 1992; or  (4) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process for which there is no feasible alternative, provided that the manufacturer of a package or packaging component must petition the department for any exception from the provisions of this subdivision for a particular package or packaging component based upon the criterion; and provided further that the department may grant an exemption for up to two (2) years if warranted by the circumstances; and provided further that this exemption may, upon meeting either criterion of this subdivision, be renewed at two (2) year intervals. For purposes of this subdivision, a use for which there is no feasible alternative is one in which the regulated substance is essential to the protection, safe handling, or function of the packages contents.  (b) Standards. A plan, to be proposed by the manufacturer seeking the exemption of his or her designee, shall include each of the following elements:  (1) A means of identifying in a permanent and visible manner those reusable entities containing regulated metals for which an exemption is sought;  (2) A method of regulatory and financial accountability so that a specified percentage of reusable entities manufactured and distributed to other persons is not discarded by those persons after use, but is returned to the manufacturer or his or her designee;  (3) A system of inventory and record maintenance to account for reusable entities placed in, and removed from, service;  (4) A means of transforming returned entities, that are no longer reusable, into recycled materials for manufacturing or into manufacturing wastes which are subject to existing federal and/or state laws or regulations governing manufacturing wastes to ensure that these wastes do not enter the commercial or municipal waste stream; and  (5) A system of annually reporting to the department changes to the system and changes in designees.  History of Section.P.L. 1990, ch. 149,  1; P.L. 1995, ch. 115,  1; P.L. 2001, ch. 86,  77. 
 23-18.13-6. Certificate of compliance. (a) A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be furnished by its manufacturer or supplier to its purchaser; provided, however, where compliance is achieved under the exemption(s) provided in  23-18.13-5(a)(2) and (3), the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing or supplying company. The purchaser shall retain the certificate of compliance for as long as the package or packaging component is in use. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component. Certificates of compliance, or copies, shall be furnished to the department of environmental management upon its request and to members of the public in accordance with  23-18.13-9.  (b) If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.  History of Section.P.L. 1990, ch. 149,  1. 
 23-18.13-7. Violations  Sanctions  Injunctive relief. The attorney general of the state shall have the power to bring an action in the name of the state and the department through its legal counsel shall have the power to bring an action in the name of the department 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 under this chapter. Proceedings under this chapter shall be instituted and prosecuted in the name of the department, (1) by the attorney general but only upon the request of the department, or (2) by the department through its legal counsel. The superior court shall have the jurisdiction in equity to enforce the provisions of this chapter and any rules or regulations of the department pursuant to this chapter. Nothing in this section shall constitute a limitation on any powers or duties conferred upon the director of the department of environmental management under any other law, rule, or regulations.  History of Section.P.L. 1990, ch. 149,  1. 
 23-18.13-8. Repealed.
 23-18.13-9. Regulations. The department shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter. The rules and regulations shall require manufacturers or distributors to pay a fee rationally related to the costs of enforcement of this program. Any fee paid shall be paid to the environmental response fund in  23-19.1-23 and appropriated for enforcement of this program.  History of Section.P.L. 1990, ch. 149,  1. 
 23-18.14-1  23-18.14-6. Repealed.
 23-18.15-1. Definitions. As used in this chapter: (1) Label means a molded imprint or raised symbol on the bottom of a plastic product, unless the manufacturer demonstrates the reasonable necessity for an alternate location, in which case it shall be near the product bottom.  (2) Plastic means any material made of polymeric organic compounds and additives that can be shaped by flow.  (3) Plastic bottle means a plastic container that has a neck that is smaller than the body of the container, accepts a screw type, snap cap, or other closure and has a capacity of sixteen (16) fluid ounces or more, but less than five (5) gallons.  (4) Rigid plastic container means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of eight (8) ounces or more but less than five (5) gallons.  History of Section.P.L. 1990, ch. 270,  1. 
 23-18.15-2. Labeling requirements. No person shall distribute, sell or offer for sale any plastic bottle or rigid plastic container, or any product in a plastic bottle or container, unless the product bottle or container is labeled with a code indicating the plastic resin used to produce the bottle or container. Plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. The code shall consist of a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle shall be equilateral, formed by three (3) arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three (3) arrows curved at their midpoints shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:  (1) 1  PETE (polyethylene terephthalate);  (2) 2  HDPE (high density polyethylene);  (3) 3  V (vinyl);  (4) 4  LDPE (low density polyethylene);  (5) 5  PP (polypropylene);  (6) 6  PS (polystyrene);  (7) 7  OTHER.  History of Section.P.L. 1990, ch. 270,  1. 
 23-18.15-3. Regulations. The director of the department of environmental management shall determine through rules and regulations which plastic bottles and rigid plastic containers may be exempt from the labeling requirements of  23-18.15-2 including, but not limited to, the following:  (1) Readily identifiable plastic bottles and rigid plastic containers;  (2) Plastic bottles and rigid plastic containers for which there is no technological capacity for recycling, reclamation or reuse; and  (3) Plastic bottles and rigid plastic containers for which recycling, reclamation or reuse is not economically feasible.  History of Section.P.L. 1990, ch. 270,  1. 
 23-18.15-4. Rhode Island resource recovery plan. (a) The Rhode Island resource recovery corporation shall create a plan that quantifies and details the impacts of a beverage container deposit of $.05 on beverage containers sold in the state of Rhode Island. The plan shall include but not be limited to:  (1) Defining the beverage containers that should be included in a deposit system including the maximum size allowable for redemption and the types of containers that should be exempt from the deposit system;  (2) Quantifying any taxes and deposits that are already charged on beverage containers, as defined in subsection (1) above, in the state and compare those charges with beverage container charges in the commonwealth of Massachusetts and the state of Connecticut;  (3) Determining the appropriate labeling requirements for beverage containers subject to the deposit, provided that a Rhode Island state specific bar code not be a requirement;  (4) Identifying the appropriate entities to collect, redeem and transfer beverage containers and deposits;  (5) Defining the redemption methods that could be used and identifying appropriate locations for redemption centers including centers operated by the corporation as well as by businesses;  (6) Identifying the costs to the corporation and any other entities identified in the study for providing redemption services;  (7) Recommending how unclaimed deposits could be used;  (8) Analyzing possible impacts to municipal recycling programs; and  (9) Recommending possible alternatives to a beverage container deposit system that would yield significantly increased recycling rates statewide.  (b) The corporation shall report the findings, recommendations and a timeline for implementation of the plan to the general assembly and the governor no later than January 1, 2009.  History of Section.P.L. 2008, ch. 260,  1; P.L. 2008, ch. 420,  1. 
 23-18.16-1. Legislative purpose. It is the finding of the general assembly that publications in the form of newspapers, magazines, journals; or printed newsletters make up an inordinately large portion of the waste stream and that the state has a successful recycling program which has the ability to collect and process this material. In order to assure the continued viability of the recycling program and to divert material from the state landfills or incinerators, a strong market must exist. Since these publications make up a large portion of the waste stream, they will be required to use post consumer material in the production of their product.  History of Section.P.L. 1991, ch. 36,  1. 
 23-18.16-2. Definitions. (a) Annual rate means the percentage of post consumer material over total paper purchased by any person, from January 1 to December 31 of each year.  (b) Department means the department of environmental management.  (c) Director means the director of the department of environmental management.  (d) Person means any person, firm, partnership, association, corporation, or organization of any kind whatsoever.  (e) Post consumer material shall be defined in rules and regulations adopted by the department of environmental management and after review of guidelines established by the federal environmental protection agency.  (f) Publication means any newspaper printed, published, or produced in Rhode Island.  History of Section.P.L. 1991, ch. 36,  1. 
 23-18.16-3. Minimum required purchase. All publications must purchase a minimum of forty percent (40%) post-consumer material calculated on an annual rate.  History of Section.P.L. 1991, ch. 36,  1; P.L. 2001, ch. 86,  79. 
 23-18.16-4. Reporting  Determination of compliance  Orders  Appeals. (a) The department shall annually report to the governor and the general assembly, all findings regarding publications both in compliance and not in compliance with the requirements of this chapter.  (b) The department must by July 1 of each year produce a written determination on any publication that does not comply with the provision of this chapter.  (c) All publications will report on an annual basis their annual rate of purchase of post consumer materials to the department of environmental management. A person adversely affected or aggrieved by the issuance of an order under the provisions of this section may seek judicial review of an order in the superior courts.  History of Section.P.L. 1991, ch. 36,  1. 
 23-18.16-5. Rules and regulations. The director shall promulgate rules and regulations necessary to implement this chapter. History of Section.P.L. 1991, ch. 36,  1. 
 23-18.16-6. Exemption. The director may exempt a person from the requirements of this chapter, upon a showing that no acceptable equivalent is available and that imposing the requirements would cause an undue hardship.  History of Section.P.L. 1991, ch. 36,  1. 
 23-18.16-7. Penalties. Any person who violates any provision of this chapter will be subject to administrative penalties as authorized by chapter 17.6 of title 42.  History of Section.P.L. 1991, ch. 36,  1. 
 23-18.16-8. Severability. If any clause, sentence, paragraph, or part of this chapter or its application to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.  History of Section.P.L. 1991, ch. 36,  1. 
 23-18.17-1. Purpose. The purposes of this act are: (1) To establish a safe and environmentally sound used cooking oil collection initiative in Rhode Island that covers all commercial facilities that generate used cooking oil in the state;  (2) To promote the recycling of used cooking oil;  (3) To develop a strategy for waste reduction in the state with the participation of procedures, processors and consumers;  (4) To eliminate the dumping of used cooking oil in landfills and down sewer drains in order to minimize sewer damage and maintenance costs and extend the capacity of landfills; and  (5) To promote the creation of green jobs.  History of Section.P.L. 2011, ch. 335,  1; P.L. 2011, ch. 371,  1. 
 23-18.17-2. Findings. The general assembly hereby finds and declares: (1) Used cooking oil clogs septic and municipal sewer systems, leading to overflowing manholes and high maintenance fees;  (2) Sewer overspill causes environmental pollution and leads to disease in humans and animals;  (3) In order to address these real threats to public health and the environment, efforts should be made to help minimize costs of sewer maintenance as well as prevention of sewer blockages.  History of Section.P.L. 2011, ch. 335,  1; P.L. 2011, ch. 371,  1. 
 23-18.17-3. Definitions. For the purposes of this chapter, the following words shall have the following meanings: (1) Used cooking oil means grease generated from using vegetable oil or animal fat for cooking;  (2) Receptacle means a container that holds, contains, or receives liquids (grease);  (3) Used cooking oil generation means the creation of used cooking oil as a byproduct of cooking, etc. by commercial facilities.  History of Section.P.L. 2011, ch. 335,  1; P.L. 2011, ch. 371,  1. 
 23-18.17-4. Environmentally sound recycling. Used cooking oil generators shall maintain receptacles for the collection of used cooking oil and deposit all used cooking oil into said receptacles for recycling purposes.  History of Section.P.L. 2011, ch. 335,  1; P.L. 2011, ch. 371,  1. 
 23-18.17-5. Disposal ban. After the effective date of this act, no used cooking oil generator shall dispose of used cooking oil in a manner other than by recycling.  History of Section.P.L. 2011, ch. 335,  1; P.L. 2011, ch. 371,  1. 
 23-18.2-1. Definitions. As used in this chapter: (1) Burial ground authority means the municipality, ecclesiastical society, or cemetery association, as the case may be.  (2) Burial place means any tract of land within any municipality that is used or has been used or has been in existence as a burial ground.  History of Section.P.L. 1990, ch. 204,  1. 
 23-18.2-2. Burial places to be preserved. No municipality shall alienate or appropriate any burial place to any use other than that of a burial ground. No portion of any burial place shall be taken for public use without the approval of the general assembly. If any burial place is appropriated for any other use and the bodies buried in it or the monuments, gravestones, or other memorials marking the burial place are removed, the burial ground authority shall preserve a record of the removal indicating the date of the removal and the site or place to which the removal was made.  History of Section.P.L. 1990, ch. 204,  1. 
 23-18.2-3. Removal of gravestones and memorials. No fence, tomb, monument, or gravestone or fragment of a gravestone within any cemetery or burial place shall be destroyed or injured or shall be removed except in accordance with the provisions of this section. Any gravestone or other memorial for the dead may be removed for the purpose of repair or replacement, reproduction, or preservation and display in an accredited museum upon:  (1) The consent of the owner of the burial lot in which the gravestone or memorial is placed or the consent of a lineal descendant of the deceased or, if the owner or lineal descendant is unknown, with the consent of the burial ground authority, and  (2) The order of the superior court for the county in which the burial lot is located. Upon written application of a consenting owner, lineal descendant, or burial ground authority, the court may, after a hearing, with notice of the hearing having been given to interested parties and otherwise as the court deems appropriate, order the removal of the gravestone or memorial, if it finds that removal is necessary or desirable for the protection and preservation of the gravestone or memorial.  History of Section.P.L. 1990, ch. 204,  1. 
 23-18.2-4. Unlawful possession or sale of gravestones. A person is guilty of the unlawful possession or sale of gravestones when he or she possesses or sells, offers for sale or attempts to sell or transfers or disposes of any monument, gravestone, or other structure placed or designed for a memorial of the dead, or any portion or fragment of a memorial of the dead, knowing that it has been unlawfully removed from a cemetery or burial ground.  History of Section.P.L. 1990, ch. 204,  1. 
 23-18.2-5. Penalty for violations. (a) Whoever violates the provisions of  23-18.2-4 shall, upon conviction, be punished by imprisonment for not more than one year or by a fine of not more than five thousand dollars ($5,000).  (b) In addition to any other penalties imposed for a violation of the provisions of this chapter or chapter 20 of title 11, any person who topples or damages any marker, gravestone, crypt, or columbarium or who violates the provisions of  23-18.2-4, shall be required to perform four (4) hours of public community restitution for each marker, gravestone, crypt, or columbarium toppled or damaged or obtained or sold in violation of  23-18.2-4, at the location of the cemetery, mortuary or other facility where the desecration or other violation occurred and the public community restitution shall not be suspended.  History of Section.P.L. 1990, ch. 204,  1; P.L. 1991, ch. 34,  1. 
 23-18.2-6. Civil penalties. (a) Any person convicted under the provisions of  23-18.2-5 or chapter 20 of title 11, shall, in addition to any fine or penalty imposed, pay treble damages to the burial ground authority, religious organization, cemetery corporation, or persons having charge of the burial ground where the damage has been sustained.  (b) If the convicted offender is a minor, the court may, if it determines that the offender is unable to pay treble damages, require the offender to perform a specified work program at the site where the damage occurred for a period of time that will in the opinion of the court equal treble the amount of the damages sustained.  History of Section.P.L. 1990, ch. 204,  1. 
 23-18.2-7. Community restitution. The general assembly declares that the words public community service which appear throughout this chapter shall now be substituted with and referred to as public community restitution.  History of Section.P.L. 1998, ch. 454,  4. 
 23-18.3-1. Establishment  Purpose  Membership  Compensation. (a) There is created a permanent advisory commission to study the location, condition, and inventory of historical cemeteries in Rhode Island and to make recommendations relative to historical cemeteries in Rhode Island.  (b) The commission shall consist of eighteen (18) members, all of whom shall be citizens and residents of this state. One shall be the director of veterans cemeteries or his or her designee. One shall be the executive director of the historical preservation and heritage commission or his or her designee. One shall be the director of the Rhode Island Historical Society or his or her designee. One shall be a representative of the Rhode Island League of Cities and Towns to be appointed by the governor, who shall serve for one year.  One shall be the state registrar of vital records, or his or her designee. The governor, in consultation with and upon the recommendation of local historical or preservation societies within each county, shall appoint thirteen (13) members of the general public consisting of two (2) representatives from Kent County, two (2) representatives from Bristol County, two (2) representatives from Newport County, three (3) representatives from Washington County, and four (4) representatives from Providence County.  (c) Beginning on September 1, 2011, one representative from Bristol County, one representative from Newport County, one representative from Washington County, and one representative from Providence County shall be appointed to serve one year terms to expire August 31, 2012, one representative from Kent County, one representative from Washington County, and two (2) representatives from Providence County shall be appointed to serve two (2) year terms to expire August 31, 2013, and one representative from Bristol County, one representative from Kent County, one representative from Newport County, one representative from Washington County, and one representative from Providence County shall be appointed to serve three (3) year terms to expire August 31, 2014. Thereafter, each county representative shall be appointed for a three (3) year term. County representatives shall serve until their successors are appointed. Vacancies shall be filled by the authority making the original appointment.  (d) The members shall annually elect a chairperson, a vice chairperson, and a secretary of the commission. The secretary need not be a member of the commission.  (e) Members of the commission shall serve without compensation.  History of Section.P.L. 1991, ch. 386,  1; P.L. 2001, ch. 180,  47; P.L. 2006, ch. 29,  2; P.L. 2011, ch. 117,  2; P.L. 2011, ch. 126,  2. 
 23-18.3-2. Quorum. A simple majority of the commission shall constitute a quorum for the transaction of any business. Meetings may be called upon reasonable notice by the chairperson.  History of Section.P.L. 1991, ch. 386,  1; P.L. 2011, ch. 117,  2; P.L. 2011, ch. 126,  2. 
 23-18.3-3. Rules and regulations. The commission shall adopt reasonable rules and regulations in compliance with the open meetings law to govern the conduct of its meetings and the accomplishment of its purposes under this chapter.  History of Section.P.L. 1991, ch. 386,  1; P.L. 2011, ch. 117,  2; P.L. 2011, ch. 126,  2. 
 23-18.3-4. Commission report. Annually, the commission shall report its findings and recommendations to the general assembly, to the governor, and to the historical preservation and heritage commission.  History of Section.P.L. 1991, ch. 386,  1; P.L. 2011, ch. 117,  2; P.L. 2011, ch. 126,  2. 
 23-18.3-5. Repealed.
 23-18.3-6. Marking of governors graves. (a) The commission is authorized and directed to continue the program previously conducted by the Rhode Island graves registration committee of placing a bronze plaque bearing the name and dates of service of each deceased former governor together with the national and state flags on the grave of each governor.  (b) It is also authorized by the general assembly that the department of administration shall administer the funding for the plaque.  History of Section.P.L. 2018, ch. 217,  1; P.L. 2018, ch. 271,  1. 
 23-18.5-1  23-18.5-8. Repealed.
 23-18.6.1-1. Short title. This chapter shall be known and may be cited as The Maureen A. Sebastianelli and Daniel B. Miller Uniform Anatomical Gift Act.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-10. Manner of making, amending or revoking anatomical gift of decedents body or part. (a) A person authorized to make an anatomical gift under  23-18.6.1-9 may make an anatomical gift by a document of gift signed by the person making the gift or by that persons oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.  (b) Subject to subsection (c), an anatomical gift by a person authorized under  23-18.6.1-9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under  23-18.6.1-9 may be:  (1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or  (2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.  (c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donors body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-11. Persons that may receive anatomical gift  Purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift:  (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;  (2) Subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;  (3) An eye bank or tissue bank.  (b) If an anatomical gift to an individual under subdivision (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of a known, express, contrary indication by the person making the anatomical gift.  (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply:  (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.  (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.  (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.  (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.  (d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.  (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift passes in accordance with subsection (g) and must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.  (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift passes in accordance with subsection (g) and must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.  (g) For purposes of subsections (b), (e), and (f) the following rules apply:  (1) If the part is an eye, the gift passes to the appropriate eye bank.  (2) If the part is tissue, the gift passes to the appropriate tissue bank.  (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.  (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subdivision (a)(2), passes to the organ procurement organization as custodian of the organ.  (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedents body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.  (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made in accordance with this chapter or if the person knows that the decedent made a refusal in accordance with this chapter that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.  (k) Except as otherwise provided in subdivision (a)(2), nothing in this chapter affects the allocation of organs for transplantation or therapy.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-12. Search and notification. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:  (1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and  (2) If no other source of the information is immediately available, a hospital, as soon as practical after the individuals arrival at the hospital.  (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.  (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-13. Delivery of document of gift not required  Right to examine. (a) A document of gift need not be delivered during the donors lifetime to be effective.  (b) Upon or after an individuals death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass pursuant to the provisions of this chapter.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-14. Rights and duties of procurement organization and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of motor vehicles and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.  (b) A procurement organization must be allowed reasonable access to information in the records of the Rhode Island Donor Registry to ascertain whether an individual at or near death is a donor.  (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to assess the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to maintain the potential medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.  (d) Unless otherwise prohibited, at any time after a donors death, the person to which a part passes under this chapter may conduct any reasonable examination necessary to assess the medical suitability of the body or part for its intended purpose.  (e) Unless otherwise prohibited, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.  (f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.  (g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in  23-18.6.1-9 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.  (h) Subject to the provisions of this chapter, the rights of the person to which a part passes under  23-18.6.1-11 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift as specified in this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under  23-18.6.1-11, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.  (i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedents death may participate in the procedures for removing or transplanting a part from the decedent.  (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-15. Coordination of procurement and use. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-16. Sale or purchase of parts prohibited. (a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individuals death commits a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both.  (b) Subject to subsection (c), a person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.  (c) No physician, hospital or other healthcare provider may charge the donors estate or family for any cost incurred in testing or removing a donors part, and such charge shall be void and unenforceable.  History of Section.P.L. 2007, ch. 476,  2; P.L. 2009, ch. 235,  1; P.L. 2009, ch. 236,  1. 
 23-18.6.1-17. Other prohibited acts. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-18. Immunity. (a) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.  (b) Neither the person making an anatomical gift nor the donors estate is liable for any injury or damage that results from the making or use of the gift.  (c) In determining whether an anatomical gift has been made, amended, or revoked pursuant to this chapter, a person may rely upon representations of an individual listed in  23-18.6.1-9 relating to the individuals relationship to the donor or prospective donor unless the person knows that the representation is untrue.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-19. Law governing validity  Choice of law as to execution of document of gift  Presumption of validity. (a) A document of gift is valid if executed in accordance with:  (1) This chapter;  (2) The laws of the state where it was executed; or  (3) The laws of the state where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.  (b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.  (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-2. Definitions. For purposes of this chapter, unless the context otherwise requires: (1) Adult means an individual who is at least eighteen (18) years of age.  (2) Agent means an individual:  (i) Authorized to make health care decisions on the principals behalf by a power of attorney for health care; or  (ii) Expressly authorized to make an anatomical gift on the principals behalf by any other record signed by the principal.  (3) Anatomical gift means a donation of all or part of a human body to take effect after the donors death for the purpose of transplantation, therapy, research, or education.  (4) Decedent means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this chapter, a fetus.  (5) Disinterested witness means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under  23-18.6.1-11.  (6) Document of gift means inclusion in a donor registry, a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a drivers license or identification card.  (7) Donor means an individual whose body or part is the subject of an anatomical gift.  (8) Donor registry means the Rhode Island Donor Registry established under  31-10-26.1 as well as any other electronic database that identifies donors and complies with  23-18.6.1-20.  (9) Drivers license means a motor vehicle or chauffeurs license or permit issued by the department of motor vehicles, whether or not conditions are attached to the license or permit.  (10) Eye bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.  (11) Guardian means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.  (12) Hospital means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.  (13) Identification card means an identification card issued by the department of motor vehicles.  (14) Know means to have actual knowledge.  (15) Minor means an individual who is under eighteen (18) years of age.  (16) Organ procurement organization means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.  (17) Parent means a parent whose parental rights have not been terminated.  (18) Part means an organ, an eye, or tissue of a human being. The term does not include the whole body.  (19) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.  (20) Physician means an individual authorized to practice medicine or osteopathy under the law of any state.  (21) Procurement organization means an eye bank, organ procurement organization, or tissue bank.  (22) Prospective donor means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal that is known by the procurement organization.  (23) Reasonably available means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.  (24) Recipient means an individual into whose body a decedents part has been or is intended to be transplanted.  (25) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  (26) Refusal means a record created under  23-18.6.1-7 that expressly states an intent to bar other persons from making an anatomical gift of an individuals body or part.  (27) Sign means, with the present intent to authenticate or adopt a record:  (i) To execute or adopt a tangible symbol; or  (ii) To attach to or logically associate with the record an electronic symbol, sound, or process.  (28) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  (29) Technician means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.  (30) Tissue means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.  (31) Tissue bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.  (32) Transplant hospital means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-20. Donor registry. (a) A donor registry must:  (1) Allow a donor or other person authorized pursuant to this chapter to include an individual on the donor registry who has made an anatomical gift;  (2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made an anatomical gift; and  (3) Be accessible for purposes of subdivisions (1) and (2) seven (7) days a week on a twenty-four (24) hour basis.  (b) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made an anatomical gift.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-21. [Reserved.]
 23-18.6.1-22. Cooperation between medical examiner and procurement organization. A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-23. Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner. (a) The medical examiner or his or her designee shall provide the federally designated organ procurement organization and other nonprofit federally registered eye and tissue banks, in a timely manner, all information necessary to facilitate organ and tissue donation including, but not limited to, names and available contact information of individuals whose deaths have been reported to the medical examiners office and jurisdiction accepted.  (b) The medical examiner may release and permit the removal of a part from a body within that officials custody, for transplantation or therapy, if:  (1) The official has received a request for the part from a hospital, physician, surgeon, or procurement organization;  (2) A donation has been authorized in accordance with  23-18.6.1-5 or 23-18.6.1-9;  (3) The official does not know of a refusal or contrary indication by the decedent or objection by a person having authority to act as listed in  23-18.6.1-9;  (4) The removal will be by a physician, surgeon, or technician; but in the case of eyes, by one of them or by an enucleator;  (5) The removal will not interfere with any autopsy, investigation, procedure, or other additional activity as deemed necessary by the medical examiner required to arrive at a reasonable cause and manner of death;  (6) The removal will be in accordance with accepted medical standards; and  (7) Cosmetic restoration will be done, if appropriate.  (c) The medical examiner, or his or her designee, may permit the removal of the anatomical gift to occur at the medical examiners office.  (d) A permanent record of the names of the decedent, the person making the request, the date and purpose of the request, the part requested, and the person to whom it was released should be made by the hospital/physician/technician (enucleator) and forwarded to the medical examiner for his or her records.  (e) The medical examiner, or his or her designee, shall be present during the removal of the anatomical gift if in his or her judgment such attendance would, in the opinion of the medical examiner or his or her designee, facilitate a donation that would otherwise be denied.  (f) The medical examiner, or his or her designee, may only deny removal of the anatomical gift after explaining in writing or verbally with subsequent written documentation to the federally designated organ procurement organization and other nonprofit federally registered eye and tissue banks, reasons for determining that those tissues or organs may be involved in the cause of death.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-24. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-25. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C.  7001 et seq., but does not modify, limit or supersede  101(a) of that act, 15 U.S.C.  7001, or authorize electronic delivery of any of the notices described in  103(b) of that act, 15 U.S.C.  7003(b).  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-3. Applicability. This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-4. Who may make anatomical gift before donors death. Subject to the provisions of this chapter, an anatomical gift of a donors body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education by:  (1) The donor, if the donor is an adult or if the donor is a minor and is:  (i) Emancipated; or  (ii) Authorized under state law to apply for a drivers license because the donor is at least sixteen (16) years of age;  (2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;  (3) A parent of the donor, if the donor is an unemancipated minor; or  (4) The donors guardian.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-5. Manner of making anatomical gift before donors death. (a) A donor may make an anatomical gift:  (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donors drivers license or identification card;  (2) In a will;  (3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one of whom is a disinterested witness; or  (4) As provided in subsection (b).  (b) A donor or other person authorized to make an anatomical gift under this chapter may make a gift by authorizing inclusion of the donor on a donor registry, a donor card or other record signed by the donor or other person making the gift. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:  (1) Be witnessed by at least two (2) adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and  (2) State that it has been signed and witnessed as provided in paragraph (1).  (c) Revocation, suspension, expiration, or cancellation of a drivers license or identification card upon which an anatomical gift is indicated does not invalidate the gift.  (d) An anatomical gift made by will takes effect upon the donors death whether or not the will is probated. Invalidation of the will after the donors death does not invalidate the gift.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-6. Amending or revoking anatomical gift before donors death. (a) Subject to the provisions of this chapter, a donor or other person authorized to make an anatomical gift may amend or revoke an anatomical gift by:  (1) A record signed by:  (i) The donor;  (ii) The other person so authorized; or  (iii) Subject to subsection (b), another individual acting at the direction of the donor or the other person so authorized if the donor or other person is physically unable to sign; or  (2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.  (b) A record signed pursuant to paragraph (a)(1)(iii) must:  (1) Be witnessed by at least two (2) adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and  (2) State that it has been signed and witnessed as provided in subdivision (1).  (c) Subject to the provisions of this chapter, a donor or other person authorized to make an anatomical gift may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.  (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one of whom is a disinterested witness.  (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in this chapter.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-7. Refusal to make anatomical gift  Effect of refusal. (a) An individual may refuse to make an anatomical gift of the individuals body or part by:  (1) A record signed by:  (i) The individual; or  (ii) Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;  (2) The individuals will, whether or not the will is admitted to probate or invalidated after the individuals death; or  (3) Any form of communication made by the individual during the individuals terminal illness or injury addressed to at least two (2) adults, at least one of whom is a disinterested witness.  (b) A record signed pursuant to paragraph (a)(1)(ii) must:  (1) Be witnessed by at least two (2) adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and  (2) State that it has been signed and witnessed as provided in paragraph (1).  (c) An individual who has made a refusal may amend or revoke the refusal:  (1) In the manner provided in subsection (a) for making a refusal;  (2) By subsequently making an anatomical gift pursuant to the provisions of this chapter that is inconsistent with the refusal; or  (3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.  (d) Except as otherwise provided in this chapter, in the absence of an express, contrary indication by the individual set forth in the refusal, an individuals unrevoked refusal to make an anatomical gift of the individuals body or part bars all other persons from making an anatomical gift of the individuals body or part.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-8. Preclusive effect of anatomical gift, amendment or revocation. (a) Except as otherwise provided in this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donors body or part if the donor made an anatomical gift of the donors body or part in accordance with the provisions of this chapter.  (b) A donors revocation of an anatomical gift of the donors body or part shall not be a refusal and does not bar another authorized person specified in this chapter from making an anatomical gift of the donors body or part.  (c) If a person other than the donor makes an unrevoked anatomical gift of the donors body or part, or an amendment to an anatomical gift of the donors body or part, another person may not make, amend, or revoke the gift of the donors body or part under the provisions of this chapter.  (d) A revocation of an anatomical gift of a donors body or part by a person other than the donor does not bar another person from making an anatomical gift of the body or part under the provisions of this chapter.  (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift in accordance with this chapter, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.  (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift in accordance with this chapter, an anatomical gift of a part for one or more of the purposes set forth in  23-18.6.1-4 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under the provisions of this chapter.  (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donors body or part.  (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minors refusal.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.1-9. Who may make anatomical gift of decedents body or part. (a) Subject to subsections (b) and (c) and unless barred by this chapter, an anatomical gift of a decedents body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:  (1) An agent of the decedent at the time of death who could have made an anatomical gift pursuant to this chapter immediately before the decedents death;  (2) The spouse of the decedent or the certified domestic partner of the decedent as defined in subsections 36-12-1(3) and 45-19-4.3(b) or any other provision of state law;  (3) Adult children of the decedent;  (4) Parents of the decedent;  (5) Adult siblings of the decedent;  (6) Adult grandchildren of the decedent;  (7) Grandparents of the decedent;  (8) An adult who exhibited special care and concern for the decedent, who is familiar with the decedents personal values, and who had maintained regular contact with the decedent prior to his or her death; provided, however, it shall not include any medical personnel caring for the decedent at the time of or immediately leading up to the decedents death; and  (9) The persons who were acting as the guardians of the person of the decedent at the time of death.  (b) If there is more than one member of a class listed in the previous subsection which is entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under the provisions of this chapter knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.  (c) A person may not make an anatomical gift if, at the time of the decedents death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.  History of Section.P.L. 2007, ch. 476,  2. 
 23-18.6.2-1. Advisory council. (a) There shall be a public education advisory council for organ and tissue donations consisting of the administrator of the division of motor vehicles or his/her representative, the director of the department of revenue or his/her representative, the director of public health or his/her representative, the president of the hospital association of Rhode Island or his/her representative, a representative of the federally designated organ procurement organization serving Rhode Island, a representative from the Rhode Island organ donor awareness coalition, and four (4) persons experienced in the field of organ and tissue donations to be appointed by the governor, at least one of whom shall be a recipient of a donated organ or tissue, at least one of whom shall be a family member of a donor, and at least one of whom shall be a PhD or MD experienced in the field of organ and tissue donation.  The term of all appointive members shall be three (3) years and no such member shall be appointed to serve more than two (2) consecutive terms. Upon the expiration of the term of any appointive member, a successor shall be appointed in like manner for a term of three (3) years.  (b) The council will annually designate the chairman from among its members. The council shall meet at least four (4) times each year, and shall convene special meetings at the call of the chairman. The council shall make an annual report to the governor, that shall include an account of all actions taken to further organ and tissue donation, and shall file a copy of the report with the secretary of state, the clerk of the senate and the clerk of the house of representatives. Members of the council shall serve without compensation.  (c) The advisory council shall: (1) Assist in coordinating the efforts of all public and private agencies within the state concerned with organ and tissue donation public education; (2) Advise the state on comprehensive public education programs and efforts to increase organ and tissue donation registrations; (3) Develop strategies to increase organ and tissue donation registrations by any means which the council may find effective; and (4) Establish numerical goals for increasing organ and tissue registration rates in the state, which shall include a baseline account of current organ and tissue registration rates, as well as periodic benchmarks for success. The division of motor vehicles shall provide monthly donor designation rates for each motor vehicle branch to assist in identifying goals. The councils sole focus will be on public education to increase organ and tissue donation registrations.  History of Section.P.L. 2013, ch. 157,  1; P.L. 2013, ch. 226,  1. 
 23-18.6-1  23-18.6-15. Repealed.
 23-18.7-1. Preamble. The department of health and the Roger Williams Cancer Center shall facilitate, foster and assist in the education of residents of the state regarding bone marrow donors and shall further assist and promote annual, bone marrow donor drives. The director and the Roger Williams Cancer Center shall also assist in the dissemination of information regarding the need for bone marrow donor drives including special efforts to educate and encourage minority populations to volunteer as potential bone marrow donors. Means of communication may include use of press, radio, and television, and placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies. The director, and the Roger Williams Cancer Center in conjunction with the administrator of the division of motor vehicles, shall make educational materials available at all places where drivers licenses are issued or renewed.  History of Section.P.L. 1994, ch. 184,  1. 
 23-18.7-2. Bone marrow drives  State employees. The director of health shall encourage state employees to volunteer to be potential bone marrow donors. The director of health shall declare and designate the last week of April as the Rhode Island Bone Marrow Awareness Week.  History of Section.P.L. 1994, ch. 184,  1. 
 23-18.8-1. Short title. This chapter shall be cited as the Rhode Island Recycling Act. History of Section.P.L. 1986, ch. 522,  4. 
 23-18.8-2.1. Definitions. As used in this chapter: (1) Corporation means the Rhode Island resource recovery corporation;  (2) Department means the department of environmental management;  (3) Director means the director of the department of environmental management;  (4) Post-consumer waste has the meaning given post-consumer content in  37-2-76.1(2).  (5) Telephone directory means a soft cover listing of telephone numbers and addresses by telephone listing territories commonly listed alphabetically or by occupation and distributed to households and businesses on behalf of telecommunications utilities or private advertisers; and  (6) Telephone directory distributor means any party which distributes telephone directories within the state, and shall include the principal of the party if the party is an agent and the principal is located or doing business in the state.  History of Section.P.L. 1990, ch. 518,  2; P.L. 1996, ch. 404,  30; P.L. 2001, ch. 86,  73. 
 23-18.8-2. Legislative findings. The general assembly recognizes and declares that: (1) Any environmentally and economically sound solid waste management system must incorporate recycling;  (2) A sound recycling program will be best achieved by cooperation of the Rhode Island resource recovery corporation, the department of administration, the department of environmental management and the cities and towns of the state;  (3) All solid waste capable of being recycled should be recycled, as a target, no less than thirty-five percent (35%) of the solid waste generated in the state should be disposed of through recycling; every effort should be made to exceed this target;  (4) A recycling facility should be operational at the central landfill;  (5) Upon full implementation of the recycling program, all solid waste management, both from cities and towns, and from commercial establishments, will be separated into recyclable and nonrecyclable components;  (6) Recycling operations should begin at resource recovery plants upon initiation of plant operations;  (7) In order to develop a workable implementation schedule the department of environmental management should develop schedules for the entry of cities and towns into the source separation system;  (8) Private contractor arrangements for recovery of recyclables at the point of origin or at the municipal level should be encouraged and not interfered with;  (9) Recyclable materials recovered at recycling facilities are to be made available to private industry in the first instance, and where cost effective, operation of recycling facilities should be by the private sector;  (10) The corporation should provide, for a period of three (3) years, the reasonable additional allowable costs for implementing this program for the cities and towns;  (11) The definition of recyclable materials should be the responsibility of 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 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 definition should be changed from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects, or other factors;  (12) Telephone directories, five hundred thousand (500,000) of which, at an average weight of five and one-quarter pounds (5.25 lbs.), are distributed yearly in the state, contribute significantly to the solid waste stream, which would be greatly reduced if directories were printed on recyclable paper and bound with a binder which will not interfere with recyclability.  (13) Any person who generates commercial solid waste and employs fifty (50) or more employees, shall contract for recycling services as part of any agreement between a private waste hauler and the commercial establishment for the disposal of solid waste. A commercial establishment of any size may work with the city or town where it is located to consider options that would allow the city or town to collect the commercial recyclables generated by the commercial establishment.  History of Section.P.L. 1986, ch. 522,  4; P.L. 1990, ch. 518,  1; P.L. 2008, ch. 93,  1; P.L. 2008, ch. 122,  1; P.L. 2008, ch. 260,  2; P.L. 2008, ch. 420,  2; P.L. 2010, ch. 23, art. 10,  1. 
 23-18.8-3. Repealed.
 23-18.8-4. Ash use in construction of roads. The director of the department of transportation shall, where possible, utilize as fill in the construction of roads and highways, ash from resource recovery facilities owned and operated by the Rhode Island resource recovery corporation, so long as the ash conforms with all applicable environmental laws, rules, and regulations.  History of Section.P.L. 1988, ch. 363,  1. 
 23-18.8-5. Telephone directory disposal. (a) No person shall dispose of any telephone directory within the state except through established systems of recycling.  (b) Any telephone directory produced for distribution in the state shall be bound with a binder which will not interfere with recyclability.  History of Section.P.L. 1990, ch. 518,  2; P.L. 1995, ch. 183,  1; P.L. 1995, ch. 213,  1. 
 23-18.9-1. Responsibility for refuse disposal. (a)(1) Each city and town is required to make provision for the safe and sanitary disposal of all refuse which is generated within its boundaries, including refuse from commercial and industrial sources, but excluding refuse from sources owned or operated by the state or federal governments, hazardous waste as defined in chapter 19.1 of this title and any refuse which is not acceptable at a facility provided by the Rhode Island resource recovery corporation under chapter 19 of this title. The disposal facilities used to meet this responsibility may be located within or outside the municipality, may be publicly or privately owned, and may include facilities used only by the owner. Each city and town will be required to separate solid waste into recyclable and non-recyclable components before the material is disposed of in any state owned facility. Implementation of the program of separation by any city or town may be by separation at the source of generation or by separation at collection points or transfer stations. Cities and towns may allow private and volunteer collection of recyclables. The department of environmental management shall adopt and promulgate regulations to define recyclable materials, and shall from time to time determine an implementation schedule for the recyclable separation programs of the cities and towns. The implementation schedule shall be determined and adopted by the department of environmental management after consultation and cooperation with the cities and towns. The department shall adopt and promulgate an implementation schedule and rules and regulations which require that commercial solid waste be separated into recyclable and non-recyclable components before the material may be disposed of at any state owned solid waste disposal facility. The department shall adopt and promulgate an implementation schedule and rules and regulations which require that the solid waste generated at state facilities be separated into recyclable and non-recyclable components before the material may be disposed of in any state owned solid waste disposal facility.  (2) During the first three (3) years after a city or town enters the recycling program, a city or town shall be deemed to have achieved compliance with the requirement of separation if that city or town shall have achieved at least the same percentage of separation as achieved by similar communities with compulsory programs of separation of recyclables.  (3) Beginning July 1, 2012 every city or town that enters into a contract with the Rhode Island resource recovery corporation to dispose of solid waste shall be required to recycle a minimum of thirty-five percent (35%) of its solid waste and to divert a minimum of fifty percent (50%) of its solid waste. The recycling and diversion rate shall be achieved as prescribed in the addendum required in subdivision 23-19-13(e)(3). For purposes of this section diversion rate means the total amount (reflected as a percentage) of material, diverted from disposal through waste prevention, recycling or re-use.  (b) The governing body of each city and town shall discharge its responsibility set forth in subsection (a) by:  (1) Adopting reasonable rules and regulations governing the licensing of all qualified persons engaged in the business of collection and hauling of refuse and operation of transfer stations with respect to all refuse within its boundaries. All persons engaged in the business of collection or hauling of refuse and operation of transfer stations within the boundaries of a municipality, shall be issued a license upon application. No municipality shall unreasonably deny a license to any reasonably qualified person.  (2) Contracting with the Rhode Island resource recovery corporation or a person approved by the Rhode Island resource recovery corporation for the disposal of municipal refuse, unless a municipality is operating its own landfill on December 1, 1986 or is disposing of its municipal refuse under a contract approved by the corporation which was in effect on March 1, 1985, in which case the municipality shall be free to continue to use the landfill until its closure, or to continue to dispose of its municipal refuse under the contract until the expiration of the original term of the contract or the expiration of any extension of the contract approved by the corporation or sooner termination.  (3) In the case of cities and towns where municipal waste collection is provided by private contract between the generator of the waste and the hauler, adopting rules and regulations for the fair allocation of the municipal rate provided under the provisions of  23-19-13(g) among those haulers licensed to collect and haul refuse within the cities and towns.  (4) Adopting rules and regulations that govern the separation of solid waste into recyclable and non-recyclable components. Regulations adopted under this chapter may not be inconsistent with any rules, regulations, standards, and criteria adopted by the department of environmental management or the Rhode Island resource recovery corporation. Each city and town is empowered to adopt the regulations and to contract with the Rhode Island resource recovery corporation for the enforcement of the licensing provisions thereof, including compliance with the provisions of a license designating a final disposal site for all refuse collected or hauled by the licensee within the municipalitys boundaries and requiring the separation of recyclable materials from municipal, non-municipal, residential and commercial sources.  (c) To assist each city and town in carrying out these responsibilities, the Rhode Island resource recovery corporation shall:  (1) Administer any financial assistance granted by the state to localities, as provided in this chapter, and establish and publish rules and regulations concerning eligibility, disbursement, and use of financial assistance.  (2) Provide technical assistance to cities and towns concerning their refuse problems.  History of Section.P.L. 1968, ch. 192,  2; P.L. 1974, ch. 176,  12; G.L. 1956,  23-46-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18.9-1; P.L. 1986, ch. 522,  1; P.L. 2008, ch. 93,  2; P.L. 2008, ch. 122,  2. 
 23-18.9-10. Penalties. (a) Criminal penalties.(1) Any person who constructs a solid waste management facility or construction and demolition (C&D) debris processing facility or installs equipment in the facility or expands the facility without first obtaining approval of the plans and specifications for the facility, or any person who operates the facility without obtaining a license to do so from the director or who violates any of the provisions of this chapter or any rules, regulations, permits, licenses, and orders adopted pursuant to this chapter, in the operation of a licensed facility shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than five (5) years, or both fine and imprisonment, and every person is guilty of a separate and distinct offense for each day during which the violation is repeated or continued.  (2) Any person who disposes of solid waste at other than a licensed solid waste facility shall be punished by a fine of not more than five thousand dollars ($5,000) for each day during which the violation is repeated or continued and all costs incurred in the removal of the solid waste or by imprisonment for not more than five (5) years, or both.  (3) Any person who cocktails hazardous waste as defined by  23-19.1-4(4) with construction and demolition debris prior to or contemporaneously with the transfer of that waste to a construction and demolition debris processing facility or a construction and demolition debris facility or who generates solid waste which is not disposed of in accordance with the general laws is absolutely liable for the cost of containment, cleanup, restoration and removal of the hazardous wastes and for all damages, losses or injuries, including environmental, which result directly or indirectly from the combination, mixing or addition of the hazardous waste with the construction and demolition debris and is guilty of a felony and shall be punished by imprisonment for not more than five (5) years or by a fine of not more than ten thousand dollars ($10,000), or both. In any case of a continuing violation, each days continuance is deemed to be a separate and distinct offense.   (b) Civil penalty for violations. Any person who violates the provisions of this chapter, or of any rule, regulation, or order issued pursuant to this chapter, shall be subject to a civil penalty, of not more than twenty-five thousand dollars ($25,000). In the case of a continuing violation, each days continuance of the violation is deemed to be a separate and distinct offense.  History of Section.P.L. 1974, ch. 176,  4; G.L. 1956,  23-46-10; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18.9-10; P.L. 1985, ch. 33,  1; P.L. 1987, ch. 543,  2; P.L. 1989, ch. 535,  3; P.L. 1989, ch. 543,  1; P.L. 1994, ch. 212,  1; P.L. 1997, ch. 172,  1; P.L. 2000, ch. 288,  2. 
 23-18.9-11. Prosecution of violations  Relief in equity or by prerogative writ. (a) All prosecutions for the criminal violation of any provision of this chapter, or any rule or regulation made by the director in conformance with this chapter, shall be by indictment or information. The director, without being required to enter into any recognizance or to give surety for cost, or the attorney general of his or her own motion, may institute the proceedings in the name of the state. It shall be the duty of the attorney general to conduct the criminal prosecution of all the proceedings brought pursuant to this chapter.  (b) The director may obtain relief in equity or by prerogative writ whenever relief shall be necessary for the proper performance of his or her duties under this chapter. The superior court for Providence County shall have concurrent jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant to this chapter. Proceedings for enforcement in superior court may be instituted and prosecuted in the name of the director, by either the director or by the attorney general, and in any proceeding in which the director or the attorney general seeks injunctive relief, it shall not be necessary to show that without this relief, the injury that will result will be irreparable or that the remedy at law is inadequate. Proceedings provided for in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter or pursuant to any other provision of the general laws or common law.  History of Section.P.L. 1974, ch. 176,  4; G.L. 1956,  23-46-11; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18.9-11; P.L. 1991, ch. 52,  1; P.L. 2021, ch. 147,  3, effective July 3, 2021; P.L. 2021, ch. 148,  3, effective July 3, 2021. 
 23-18.9-12. Records required. (a) Every private landfill operator shall keep a written record of the vehicles which unload cargo at the landfill. The record shall contain the date, the time, and the registration of the vehicle. The landfill operator shall upon request make the written record available for inspection by the department of environmental management.  (b) The director of the department of environmental management shall promulgate rules and regulations for the purpose of enforcing and complying with the provisions of this section.  (c) Every person who shall violate the provisions of this section shall be punishable by a fine not to exceed five thousand dollars ($5,000) for each offense.  History of Section.P.L. 1984, ch. 293,  1. 
 23-18.9-13. Notice of solid waste disposal. Whenever the director issues a notice of violation and order pursuant to this chapter that disposal of solid waste has occurred onto or into real property or in any landfill not permitted under the provisions of this chapter, the director shall cause the notice or a summary of the substance of the notice to be filed in the land evidence records of the city or town wherein the real property or landfill is located with respect to the real property or landfill, stating the substance and findings of the directors determination. When the notice of violation and order has been complied with or vacated, the director shall, within twenty (20) days, file a notice rescinding the notice of violation and order in the land evidence records with respect to the real property or landfill.  History of Section.P.L. 1988, ch. 226,  1. 
 23-18.9-14. Testing and analysis of air and water  Environmental management district. (a) Applicability. This section applies to all solid waste management facilities/activities regulated pursuant to this chapter that are undertaken within and in the vicinity of an area known as the environmental management district, located in the town of Johnston and the city of Cranston; the district is bounded by Plainfield Pike on the south; Peck Hill Road on the west; Central Avenue on the north; and I-295 on the east.  (b) On-site monitoring.(1) The director of the department of environmental management (DEM), in consultation with the director of the department of health (DOH), is authorized to promulgate any rules and regulations that are necessary to require the development and implementation of onsite ambient air and water monitoring plans for all facilities/activities covered by this section. The regulations shall be promulgated no later than December 31, 2000, and shall be subject to the Administrative Procedures Act, chapter 35 of title 42. These regulations shall, at a minimum, provide for the following:  (i) Define the minimum criteria that shall require the development and implementation of an onsite ambient air and water monitoring plan;  (ii) Establish the time period that a facility/activity shall have to initially prepare an onsite ambient air and water monitoring plan and submit it to DEM for review;  (iii) Define the minimum content that shall be included in an onsite ambient air and water monitoring plan;  (iv) Establish the criteria that DEM shall use for review and approval of an onsite ambient air and water monitoring plan;  (v) Establish the criteria that DEM shall use for determining how long an approved onsite ambient air and water monitoring plan must remain in effect and the criteria for termination of an approved onsite ambient air and water monitoring plan; and  (vi) Define the process for public involvement in the development and review of onsite ambient air and water monitoring plans.  (2) The facility shall implement the outside ambient air and water monitoring plan within thirty (30) days of DEM approval. Data collected under onsite ambient air and water monitoring plans shall be evaluated by both DEM and DOH. DOH shall provide a written evaluation of this data to the host community(s), the facility(s), any oversight council or organization that focuses on the environmental management district, and any members of the public who request the evaluation.  (3) Should a facility not abide by the newly promulgated rules and regulations requiring a party to conduct an onsite ambient air and water monitoring plan, the director shall take enforcement action to compel those activities. The director may, at his or her discretion, prepare and implement an onsite ambient air and water monitoring plan for facilities that do not comply with the order. The facility shall be responsible to reimburse DEM for all costs, including interest, incurred in developing and implementing a plan.   (c) Offsite monitoring.(1) If, upon the evaluation of data provided pursuant to subsection (b), the DEM and DOH directors jointly determine that any facility/activity is causing emissions of air or water pollutants at levels that could cause adverse health impacts, create objectionable or nuisance odors, or otherwise adversely impact human health or the environment, either individually or in conjunction with other sources in the surrounding community(s), the DEM director, in consultation with the DOH director, is authorized to require the facility(s)/activity(s) to develop and implement offsite ambient air and/or water monitoring plans within the environmental management district. Regulations governing the development and implementation of these offsite plans shall be promulgated in conjunction with, and subject to the same provisions as those authorized under subsection (b).  (2) Any facility subject to the offsite monitoring requirement shall implement the offsite ambient air and/or water monitoring plan within thirty (30) days of DEM approval. Data collected under offsite ambient air and/or water monitoring plans shall be evaluated by both DEM and DOH. DOH shall provide a written evaluation of this data to the host community(s), the facility(s), any oversight council or organization that focuses on the environmental management district, and any members of the public who request the evaluation.  (3) Should a facility not abide by the newly promulgated rules and regulations requiring a party to conduct an offsite ambient air and/or water monitoring plan, the director shall take enforcement action to compel those activities. The director may, at his or her discretion, prepare and implement an offsite ambient air and/or water monitoring plan for facilities that do not comply with the order. That facility shall be responsible to reimburse DEM for all costs, including interest, incurred in developing and implementing a plan.   (d) Ambient monitoring. In addition to any off-site monitoring required pursuant to subsection (c) above, Rhode Island Resource Recovery Corporation shall establish and operate an off-site ambient air monitoring network consisting of not less than six (6) monitoring locations, four (4) of which shall be located in Johnston and two (2) of which shall be located in Cranston. The objective of the monitoring network shall be to continuously monitor ambient air for the presence of odorous contaminants from landfill gas. Wind speed and wind direction shall also be recorded continuously at the monitoring locations. The locations of said monitors shall be determined by the department of environmental management, in consultation with the host community of the subject monitor. The contaminants of concern to be monitored and the methodology of monitoring shall be determined by the department of environmental management, in consultation with the department of health. Results from monitoring shall be submitted to the department of environmental management, the department of health, the town of Johnston, the city of Cranston, and posted on a publicly accessible page on the Rhode Island Resource Recovery Corporation website for reference by the public. All costs of purchasing, installing, and operating the monitoring network shall be paid by Rhode Island Resource Recovery Corporation.  History of Section.P.L. 2000, ch. 288,  1; P.L. 2012, ch. 271,  1; P.L. 2012, ch. 279,  1. 
 23-18.9-15. Town of Richmond  Refuse disposal. The town of Richmond shall be empowered to promulgate reasonable rules and regulations governing tree stump disposal in the town of Richmond.  History of Section.P.L. 2003, ch. 242,  1. 
 23-18.9-16. Beneficial reuse of solid waste. (a) The director may approve proposals for the environmentally beneficial reuse of solid waste in a municipality in order to save natural resources by providing alternative materials for projects that would otherwise use new materials and preserve landfill space by removing materials from the waste stream that would otherwise be landfilled. In determining whether a solid waste can be safely used as a beneficial reuse material, the director may consider factors such as the physical and chemical characteristics of the solid waste in question, the proposed use of the waste, and the location where the waste is proposed to be used according to criteria established by rule or policy as the director deems appropriate. All proposals to use a solid waste as a beneficial reuse material shall be made in writing to the director in the form of an application for a beneficial use determination or BUD. No person may process, store, transport, dispose or otherwise use any solid waste for beneficial reuse unless they have first obtained the written approval of the director in the form of a BUD, unless specifically provided for elsewhere in this chapter.  All beneficial reuse material proposals approved by the director shall include the following:  (1) Public notice in a newspaper of general circulation;  (2) A notice to the manager or mayor and council of the municipality in question;  (3) A hearing to be held in the municipality affected.  (b) All persons applying for a BUD that proposes the reuse of more than three (3) cubic yards of solid waste in one location shall forward a copy of their application to the municipality where the beneficial reuse material will be used.  (c) The director may require any person involved in the storage, handling, processing or use of solid waste for beneficial reuse to provide financial assurance that:  (1) The project approved in the BUD will be completed; and/or  (2) Any unused solid waste/beneficial reuse material will be properly removed and disposed of either upon completion of the project or if project operations cease for any reason.  History of Section.P.L. 2005, ch. 258,  2; P.L. 2005, ch. 263,  2; P.L. 2006, ch. 229,  1; P.L. 2006, ch. 233,  1. 
 23-18.9-17. Food waste ban. (a) On and after January 1, 2016, each covered entity and each covered educational institution shall ensure that the organic-waste materials that are generated by the covered entity or at the covered educational facility are recycled at an authorized composting facility or anaerobic digestion facility or by another authorized recycling method if:  (1) The covered entity or covered educational facility generates not less than one hundred four (104) tons per year of organic-waste material; and  (2) The covered entity or covered educational facility is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.  (b) On and after January 1, 2018, each covered educational institution shall ensure that the organic-waste materials that are generated at the covered educational facility are recycled at an authorized composting facility or anaerobic digestion facility or by another authorized recycling method if:  (1) The covered educational facility generates not less than fifty-two (52) tons per year of organic-waste material; and  (2) The covered entity or covered educational facility is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.  (c) The director shall grant a waiver of the requirements of subsections (a) and (b) upon a showing that the tipping fee charged by the Rhode Island resource recovery corporation for non-contract commercial sector waste is less than the fee charged for organic-waste material by each composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered entitys location.  (d) On and after January 1, 2023, each educational entity (as defined in  16-110-1) shall ensure that the organic-waste materials that are generated by the educational entity are recycled at an authorized composting facility or anaerobic digestion facility or by another authorized recycling method if:  (1) The educational entity generates not less than thirty (30) tons per year of organic-waste material; and  (2) The educational entity is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.  History of Section.P.L. 2014, ch. 184,  2; P.L. 2014, ch. 210,  2; P.L. 2016, ch. 481,  1; P.L. 2016, ch. 498,  1; P.L. 2021, ch. 344,  2, effective September 1, 2021; P.L. 2021, ch. 345,  2, effective September 1, 2021. 
 23-18.9-18. Reporting requirements. Each covered entity or covered educational institution shall keep a written record of the amount of solid waste it generates and the amount of organic waste material it recycles at composting or anaerobic digestion facilities. The covered entity or covered educational institution, upon request, shall make the written records available for inspection to the department.  History of Section.P.L. 2014, ch. 184,  2; P.L. 2014, ch. 210,  2. 
 23-18.9-2. Repealed.
 23-18.9-3. Grants-in-aid. (a) Funds annually appropriated by the general assembly for the purposes of this chapter shall not exceed forty cents ($.40) per capita as determined from the latest available federal census of population for the state.  (b) Sixty-two and one-half percent (62.5%) of the total shall be apportioned to each community in the state, eighty percent (80%) on the basis of the ratio of the population of each community to the total population of the state, as determined by the latest available federal census of population, and twenty percent (20%) on the basis of the ratio of the number of employees located in each community to the total number of persons employed in the state, as reported for the month of December each year by the department of employment and training; provided, however, that Block Island is reported for the month of July. To be eligible to receive these funds, a community must first meet the requirements of  23-18.9-1.  (c) The remaining thirty-seven and one-half percent (37.5%) of the funds shall be apportioned by the same formula as the sixty-two and one-half percent (62.5%) of the funds described in subsection (b), and shall be distributed to each community which is a part of a duly authorized arrangement involving more than one community, which satisfies any rules and regulations which may be reasonably established by the department of environmental management concerning inter-local refuse disposal activities or which is a part of any refuse disposal district created by the general assembly.  History of Section.P.L. 1968, ch. 192,  2; G.L. 1956,  23-46-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18.9-3; P.L. 1980, ch. 71,  1; P.L. 1982, ch. 188, art. 5,  1; P.L. 2001, ch. 86,  74. 
 23-18.9-4. Restricted use of state financial assistance by local communities. (a) Any state financial assistance granted to a local community under the terms of this chapter shall be used solely in the design, construction, maintenance, and operation of refuse disposal facilities; provided, that the funds are used for the maintenance and operation of only those refuse disposal facilities which meet all rules and regulations promulgated by the department of environmental management.  (b) Any state financial assistance granted to any local community under the terms of  23-1-18, 23-18.9-1, 23-18.9-3 or this section must, at a minimum, be equally matched by local monies appropriated annually by the city or town for the design, construction, maintenance, and operation of refuse disposal facilities.  History of Section.P.L. 1968, ch. 192,  2; G.L. 1956,  23-46-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18.9-4. 
 23-18.9-5. Disposal of refuse at other than a licensed facility. (a) No person shall dispose of solid waste at other than a solid waste management facility licensed by the director, except as otherwise provided in this chapter.  (b) The phrase dispose of solid waste, as prohibited in this section, refers to the depositing, casting, throwing, leaving or abandoning of a quantity greater than three (3) cubic yards of solid waste. Used asphalt, concrete, Portland concrete cement, and solid waste temporarily in a vehicle or proper receptacle at a licensed place of business of a licensed solid waste hauler for a period not to exceed seventy-two (72) hours shall not be considered solid waste for purposes of this chapter.  History of Section.P.L. 1987, ch. 543,  1; P.L. 1995, ch. 391,  1; P.L. 2005, ch. 258,  1; P.L. 2005, ch. 263,  1; P.L. 2006, ch. 60,  1; P.L. 2006, ch. 64,  1. 
 23-18.9-6. Repealed.
 23-18.9-7. Definitions. As used in this chapter, the following terms shall, where the context permits, be construed as follows:  (1) Beneficial reuse material means a processed, nonhazardous, solid waste not already defined as recyclable material by this chapter and by regulations of the Rhode Island department of environmental management that the director has determined can be reused in an environmentally beneficial manner without creating potential threats to public health, safety, welfare, or the environment or creating potential nuisance conditions.  (2) Beneficial use determination (BUD) means the case-by-case process by which the director evaluates a proposal to use a specific solid waste as a beneficial reuse material for a specific purpose at a specific location within the host municipality.  (3) Cocktailing means the adding, combining, or mixing of hazardous waste as defined in  23-19.1-4 with construction debris and demolition debris.  (4) Construction and demolition (C&D) debris means non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures and uncontaminated solid waste resulting from land clearing. This waste includes, but is not limited to, wood (including painted, treated, and coated wood, and wood products); land-clearing debris; wall coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and other roof coverings; glass; plastics that are not sealed in a manner that conceals other wastes, empty buckets ten (10) gallons or less in size and having no more than one inch of residue remaining on the bottom; electrical wiring and components containing no hazardous liquids; and pipe and metals that are incidental to any of the previously described waste. Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair, and demolition of utilities, structures and roads; land clearing) includes, but is not limited to, asbestos; waste; garbage; corrugated container board; electrical fixtures containing hazardous liquids, such as fluorescent light ballasts or transformers; fluorescent lights; carpeting; furniture; appliances; tires; drums; containers greater than ten gallons (10 gals.) in size; any containers having more than one inch of residue remaining on the bottom; and fuel tanks. Specifically excluded from the definition of construction and demolition debris is solid waste (including what otherwise would be construction and demolition debris) resulting from any processing technique, other than that employed at a department-approved C&D debris processing facility, that renders individual waste components unrecognizable, such as pulverizing or shredding.  (5) Construction and demolition debris processing facility means a solid waste management facility that receives and processes construction and demolition debris. These facilities must demonstrate, through records maintained at the facility and provided to the department, that seventy-five percent (75%) of all material received by the facility is processed and removed from the site within six (6) weeks of receipt on a continuous basis, and that in no case stores material on site for over three (3) months; provided, however, these facilities do not include municipal compost facilities.  (6) Construction and demolition debris separation facility means a facility that receives, separates, and/or screens construction and demolition debris into its components for subsequent resale or processing that includes, but is not limited to, grinding, shredding, crushing, or landfilling at another location separate and apart from the location on which the separation occurs.  (7) Director means the director of the department of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.  (8) Expansion means any increase in volume, size, or scope, either vertically, horizontally, or otherwise; provided, however, that this section does not apply to the vertical expansion of the Charlestown municipal landfill until the closure date of July 1, 2000.  (9) Person includes an individual, firm, partnership, association, and private or municipal corporation.  (10) Recyclable materials means those materials separated from solid waste for reuse. The director of the department of environmental management, through regulations, shall specify those materials that are to be included within the definition of recyclables. The materials to be included may change from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects, or other factors.  (11) Segregated solid waste means material separated from other solid waste for reuse.  (12) Solid waste means garbage, refuse, tree waste as defined by subsection (14) of this section, and other discarded solid materials generated by residential, institutional, commercial, industrial, and agricultural sources, but does not include solids or dissolved material in domestic sewage or sewage sludge or dredge material as defined in chapter 6.1 of title 46, nor does it include hazardous waste as defined in chapter 19.1 of this title, nor does it include used asphalt, concrete, or Portland concrete cement.  (13) Solid waste management facility means any plant, structure, equipment, real and personal property, except mobile equipment or incinerators with a capacity of less than one thousand pounds (1,000 lbs.) per hour, operated for the purpose of processing, treating, or disposing of solid waste but not segregated solid waste. Any solid waste management facility that stores waste materials containing gypsum on site over three (3) months must install and maintain an active gas collection system approved by the department of environment management.  (14)(i) Tree waste means all parts of a tree, including stumps, branches, and logs that shall be considered solid waste for purposes of this chapter unless the tree waste meets the following criteria:  (A) The tree waste remains on the property where it was generated; or  (B) The tree waste remains in the possession of the person who generated it and is stored above the ground surface, on property that the same person controls, for purposes of recycling and reuse; or  (C) The tree waste, whether generated on or off-site, is being actively managed as a usable wood product such as landscape mulch, wood chips, firewood, or mulch.  (ii) The application of the criteria set forth in this section shall not be deemed to abrogate, diminish, or impair the enforcement of the requirements established pursuant to chapter 28.1 of this title or the authority of the state and/or a city or town to protect the public health, safety, or welfare from a public nuisance resulting from the storage and handling of tree waste.  (15) Organic waste material means the organic material portion of the solid waste stream, including, but not limited to, food scraps, food processing residue, and soiled or unrecyclable paper that has been separated from nonorganic material.  (16) Composting facility means land, appurtenances, structures, or equipment where organic materials originating from another process or location that have been separated at the point or source of generation from nonorganic material are recovered using a process of accelerated biological decomposition of organic material under controlled aerobic conditions.  (17) Anaerobic digestion facility means a facility employing a closed vessel to perform a closed process of accelerated biodegradation of organic materials and/or organic solid wastes into biogas and digestate, using microorganisms under controlled conditions in the absence of oxygen.  (18) Other authorized recycling method means:  (i) Recycling organic waste material on site or treating organic waste material via on-site organic treatment equipment permitted pursuant to the general laws or federal law; or  (ii) Diverting organic waste material for agricultural use, including consumption by animals.  (19) Covered entity means each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center, banquet hall, restaurant, religious institution, military installation, prison, corporation, hospital or other medical care institution, and casino.  (20) Covered educational institution means a higher educational or research institution.  (21) Covered educational facility means a building or group of two (2) or more interconnected buildings owned or used by a covered educational institution at which organic waste materials are generated.  History of Section.P.L. 1974, ch. 176,  4; G.L. 1956,  23-46-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18-9-7; P.L. 1986, ch. 522,  1; P.L. 1994, ch. 212,  1; P.L. 1997, ch. 172,  1; P.L. 1999, ch. 438,  1; P.L. 1999, ch. 460,  1; P.L. 2000, ch. 68,  1; P.L. 2001, ch. 144,  7; P.L. 2001, ch. 163,  7; P.L. 2005, ch. 258,  1; P.L. 2005, ch. 263,  1; P.L. 2006, ch. 60,  1; P.L. 2006, ch. 64,  1; P.L. 2006, ch. 229,  1; P.L. 2006, ch. 233,  1; P.L. 2014, ch. 184,  1; P.L. 2014, ch. 210,  1; P.L. 2014, ch. 355,  1; P.L. 2014, ch. 387,  1. 
 23-18.9-8.1. Criteria for public and private licenses. (a) The director shall grant licenses only to those public facilities that the director determines meet all relevant criteria by regulation to protect human health and the environment and that are reasonably required to dispose of wastes generated within this state. All public projects shall meet the criteria for need established in  23-19-4(b) and the director shall require no further demonstration of need.  (b) The director shall grant licenses only to those private facilities that he or she determines meet all relevant criteria established by regulation to protect human health and the environment.  (c)(1) The director shall have the authority to grant emergency temporary refuse-transfer licenses to a municipality, as long as the municipality can provide sufficient assurances as to the municipalitys ability to protect human health and the environment. Notice to the director of the municipalitys intent to establish a temporary transfer station shall be deemed sufficient to begin emergency operations; provided that the municipal letter of notice is accompanied by proof of health, human, and environmental safety assurances.  (2) The temporary license shall have a set expiration date that may be extended upon request by the entity, and is subject to a site inspection by a representative of the department.  (3) The entity to which the temporary license is issued shall provide means to recycle any waste collected that is considered recyclable as defined by the department.  (4) The department shall not charge a fee for the temporary refuse-transfer license, nor shall the department assess any fines to the municipal host of the collection station for the emergency establishment of the transfer station. Should the municipality determine a need for a permanent transfer station, the municipality shall abide by all department rules and regulations governing the establishment and operation of a transfer station, in accordance with the provisions of chapter 18.9 of title 23 and chapter 19 of title 23.  History of Section.P.L. 1980, ch. 255,  2; P.L. 1989, ch. 508,  4; P.L. 2016, ch. 218,  1; P.L. 2016, ch. 258,  1. 
 23-18.9-8. Licenses. (a)(1) No person shall operate any solid waste management facility or construction and demolition (C&D) debris processing facility or expand an existing facility unless a license is obtained from the director except as authorized by this section. The director shall have full power to make all rules and regulations establishing standards to be met for the issuance of the licenses with those standards affording great weight to the detrimental impact that the placement of such a facility shall have on its surrounding communities.  (2) The director shall promulgate rules and regulations governing the uses and content of materials accepted and generated by a construction and demolition debris processing facility. Any costs associated with testing these materials by the facility or by the department to verify the results of the facilitys tests shall be borne by the facility. Each facility shall be required to establish a fund with the department to cover the cost of these tests.  (b) Any person who desires to construct a solid waste management facility or install any equipment in a solid waste management facility must first submit to the director for approval plans and specifications and other related data required by the director.  (c) No construction and demolition debris processing facility shall be issued a license or be able to operate unless it has:  (1) Received a letter of compliance from the host municipality that all applicable zoning requirements and local ordinances of the host municipality have been complied with;  (2) Submitted a fire protection plan that has been approved by the local fire chief, or his or her designee, in which the facility is located; and  (3) For the purposes of this subsection, the letter of compliance from the host municipality shall issue from either:  (i) The town or city manager with town or city council approval in a municipality with a managerial form of government; or  (ii) The elected mayor with town or city council approval in a municipality with a non-managerial from of government.  (4) If, after thirty (30) days of receipt of a written request to the city or town by the applicant for a license requesting a letter of compliance, the letter of compliance is not issued because the host municipality finds that the requirements of the applicable zoning requirements or other ordinances have not been met, a letter of noncompliance must be issued setting forth the particular requirements that have not been met. If, after a license is issued, the host community finds that all applicable zoning or other applicable ordinances are no longer complied with, they are authorized to issue a noncompliance letter.  (5) Upon issuance of a letter of noncompliance, the applicant for a license shall have all rights of appeal under the provisions of chapter 24 of title 45 as to zoning issues and any other rights to appeal that may be applicable as to the determination of noncompliance with other ordinances.  (i) In the case of an application or renewal of an existing license for an increase in the acceptance and processing of the amount of (C&D) debris per day, the letter of noncompliance shall stay the issuance of the license allowing the increase until the appeal process provided for herein is final.  (ii) In the case of an application or renewal of an existing license that does not request an increase in the acceptance and/or processing of the amount of (C&D) debris per day where the applicant for renewal has timely filed an appeal as contained herein, the letter of noncompliance shall not be used as grounds for denial of the approval of the renewable license; however, if, upon final determination by a zoning board or court of competent jurisdiction upon appeal, it is found that the facility is in noncompliance, the license shall be revoked by the director.  (d) The local fire chief, or his or her designee, is authorized to conduct random, unannounced inspections of facilities licensed under this section to ensure continued compliance with the approved fire protection plan. If any facility at the time of inspection is found not to be in compliance with the approved plan, that facility shall immediately cease operation until the time that it corrects any deficiency and the local fire chief, or his or her designee, finds the facility is in compliance with the approved fire protection plan.  (e) Any facility that is found to be in violation of the fire protection plan under this section on three (3) separate inspections, within any three-year (3) time period, shall have its license to operate under this section revoked.  (f) A municipality that desires to evaluate available technologies, equipment, or methodologies for managing solid waste may request approval from the director to perform a limited demonstration pilot project prior to submission of an application for a license. Demonstration projects shall not exceed fifty (50) tons per day maximum capacity. The municipality must first submit to the director, for approval, plans and specifications, including fire protection plans and other related data as required by the director. The municipality shall also give public notice of the request and allow a thirty-day (30) period for the director to receive public comment on the proposed project. After the close of the public comment period, the director is authorized to approve or deny the request. Approval for a demonstration pilot project shall be granted for a period not exceeding six (6) months.  (g) Any facility that is licensed or registered by the department under this chapter as of July 1, 2006, that accepts greater than three (3) cubic yards of tree waste as defined by  23-18.9-7(14), shall be considered an existing tree waste management facility. Existing tree waste management facilities shall notify the department and the local fire chief of the existence and scope of their tree waste management activities in writing no later than August 30, 2006, and shall incorporate tree waste management activities in a revised operating plan as part of the next renewal of their license or registration.  (h) Any construction and demolition (C&D) debris processing facility under this section that is within a one thousand feet (1,000) radius of a residential zone district shall conduct all operations covered under the license inside the confines of an enclosed, permanent building.  (i) Granting of a license, license renewal, or permission for an equipment addition under this section shall in no way affect the applicants responsibility to comply with all zoning and other local ordinances, nor the applicants responsibility to obtain any local permits, except as specifically provided by Rhode Island General Law. When multiple uses are in place on a site with a licensed solid waste facility, the terms and conditions of the license are only applicable to the activities and operations subject to the license and not the other uses of the property.  History of Section.P.L. 1974, ch. 176,  4; G.L. 1956,  23-46-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18.9-8; P.L. 1994, ch. 212,  1; P.L. 1997, ch. 172,  1; P.L. 2000, ch. 231,  1; P.L. 2003, ch. 175,  1; P.L. 2003, ch. 180,  1; P.L. 2006, ch. 60,  1; P.L. 2006, ch. 64,  1; P.L. 2011, ch. 193,  1; P.L. 2011, ch. 210,  1; P.L. 2014, ch. 355,  1; P.L. 2014, ch. 387,  1; P.L. 2018, ch. 54,  1; P.L. 2018, ch. 61,  1. 
 23-18.9-9.1. Disposal of solid waste over drinking water sources. (a) The general assembly recognizes and declares that disposal of solid waste on or in the ground overlying underground drinking water sources is not an environmentally sound solid waste management practice, and that such disposal could threaten the public health with contamination of existing and future municipal drinking water supplies.  (b) Solid waste landfill facilities shall be prohibited in the following areas:  (1) Watersheds of existing surface drinking water supplies;  (2) Watersheds of the proposed Big River Reservoir;  (3) Groundwater recharge areas designated by the director as GAA pursuant to chapter 13.1 of title 46,and ground water protection areas designated by duly adopted zoning ordinances, pursuant to  45-24-33(a)(7) and/or  45-24-33(a)(20) and approved by the water resources board;  (4) One hundred (100) year flood plains;  (5) Areas within two hundred feet (200) of the coast and/or coastal high hazard areas;  (6) Areas designated by the National Oceanic and Atmospheric Administration of the United States Department of Commerce as a national estuarine sanctuary;  (7) Coastal barriers;  (8) Wellhead protection areas as designated by the director.  (9) Notwithstanding all of the preceding, any landfill site must include the acquisition and maintenance of a heavily vegetated buffer zone of at least 600 feet (600) between any working face or excavated area and adjacent property. Further, the outer limit of any landfill site must be located at least twelve hundred feet (1,200) from the center line of fresh water rivers as determined by the state planning council which shall include but not be limited to the following: Ashaway River, Beaver River, Blackstone River, Chepachet River, Clear River, Falls River, Flat River, Hunt River, Moshassuck River, Moosup River, Narrow River, Pawcatuck River, (also known as the Charles River) and its tributaries, Pascoag River, Pawtuxet River and Wood River.  (c) Incinerators and resource recovery facilities shall be prohibited in the following areas:  (1) Coastal high hazard areas;  (2) Wellhead protection areas as designated by the director;  (3) Areas designated by the National Oceanic and Atmospheric Administration of the United States Department of Commerce as a national estuarine sanctuary;  (4) Coastal barriers.  (d) The state planning council may, except for statutorily mandated sites, designate other areas where solid waste landfills, incinerators, and resource recovery facilities are prohibited.  (e) Where an existing solid waste management facility-landfill overlies the groundwater reservoir or groundwater recharge area designated by the municipality in accordance with subsection (b), the director is authorized to order cessation of solid waste disposal operations and closure of the landfill under the following conditions:  (1) The municipality has, after notice and public hearing, by resolution to the director, requested the director to determine whether the continued operation of any solid waste management facility-landfill on or over the reservoir or recharge area presents a hazard to the public drinking water source; and  (2) The director after investigation, notice, and hearing to the landfill, determines that the existing solid waste management facility-landfill does present a hazard to the public drinking water source.  (f) Any party aggrieved by a decision of the director under this section may obtain judicial review of the decision in accordance with the provisions of  42-35-15 and 42-35-16 of the Administrative Procedures Act. In addition, the owner of an existing solid waste management facility-landfill, may bring a civil action in the superior court in which the solid waste management facility-landfill is located that the decision by the director of environmental management constitutes a taking under chapter 6 of title 37, as amended, and shall be entitled to petition the superior court to recover just compensation.  History of Section.P.L. 1982, ch. 33,  1; G.L. 1956,  23-18.9-8.2; P.L. 1989, ch. 508,  7; P.L. 1989, ch. 514,  7, 9; P.L. 2004, ch. 577,  1. 
 23-18.9-9.2. Further requirements for landfills. In addition to any other requirements imposed by  23-18.9-9, no license to operate a solid waste management facility which is a commercial landfill shall be issued and/or renewed by the director unless the applicant provides evidence of either: (1) bonding; and/or (2) a catastrophe fund, both to be in an amount and for a length of time as the director shall determine to be necessary to protect the general publics health and welfare from any potential complication arising from the landfill. The directors determination as to the amount and length of time for the bond and/or catastrophe fund shall be final. The applicants evidence of the bonding and/or catastrophe fund shall be available for public inspection at the department.  History of Section.P.L. 1998, ch. 310,  2. 
 23-18.9-9. Application, approval and fees for licenses. (a)(1) Any person who desires to construct and/or operate a solid waste management facility or expand an existing facility shall apply to the director for all licenses and/or permits to do so; provided, however, that the application shall state all licenses and/or permits for which application is made. Any person who desires to construct and/or operate a private solid waste disposal facility shall submit to the director simultaneously with the application a certificate of final determination from the municipality in which it is proposed to site the facility that the site conforms with all applicable local land use and control ordinances or on appeal a final judgment of a court that the proposed site for the facility conforms with all applicable land use and control ordinances of the municipality. The applicant shall also submit simultaneously with the application a certificate of approval of the proposed site issued by the state planning council, except for statutorily mandated facilities. The council shall only approve a site after great weight has been afforded to the detrimental impact that the placement of such a facility shall have on its surrounding communities and only after evaluation of alternative sites and assessment of comparative environmental impact at the sites in accordance with law and state planning council rules, and in the absence of these, the council shall promulgate rules for the evaluation and/or assessment, and distribution of location of sites for waste facilities among the regions of this state. The council shall not issue its certificate prior to the publication of public notice and the expiration of the public comment period regarding the proposed site. The director shall review and decide all applications.  (2)(i) Notwithstanding the provisions of  42-35-14 to the contrary, the director shall immediately review the application and shall give public notice of the intention to issue a draft license or the intention to deny the application.  (ii) The draft license and/or tentative denial, including all supporting documentation, shall be made available for public comment.  (3) Within fifteen (15) days of the date of the public notice to issue the draft license, the director shall hold an informational workshop. The purpose of the informational workshop shall be to discuss the type of facility or activity that is the subject of the draft license; the type and quantity of wastes that are proposed to be managed, processed, and/or disposed; a brief summary for the basis for the draft license; conditions, including references to applicable statutory or regulatory provisions; reasons why any requested variances or alternatives to required standards do or do not appear justified; a description of the procedures for reaching a final decision on the draft license, which shall include the beginning and ending dates for the comment period hereafter, the address where comments will be received, procedures for requesting a hearing and the nature of that hearing, any other procedures by which the public may participate in the final decision, and the name and telephone number of a person to contact for further information.  (4) No earlier than sixty (60) days nor later than seventy-five (75) days following the initial public notice of the issuance of the draft license or tentative denial, a hearing shall be held for public comment. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, which shall be considered part of the record, may be submitted for thirty (30) days following the close of the public comment hearing.  (5) Within ninety (90) days of the close of the public comment period, the director shall issue the license or the final denial. The license or the final denial shall be in writing and shall include a response to each substantive public comment. In the event that the director shall fail to issue the license or final denial within the ninety-day (90) period, then the applicant may petition the superior court to issue its writ of mandamus ordering the director or some suitable person to immediately issue the license or denial. Any person refusing to obey the writ of mandamus shall be subject to penalties for contempt of court. The writ of mandamus shall be the exclusive remedy for failure of the director to comply under this section.  (6) The applicant, and/or any person who provided substantive comment at any time during the public comment period, may appeal the decision of the director; provided, however, any person who shall demonstrate good cause for failure to so participate and demonstrate that his or her interests shall be substantially impacted if prohibited from appearance in the appeal, may, in the discretion of the hearing officer, be permitted to participate in the appeal process.  (7) The appeal shall be limited to those issues raised by the parties; provided, however, that upon good cause shown, the director shall allow additional issues to be raised.  (8) All appeals shall be pursuant to the rules and regulations established by the director and the rules and regulations established by the administrative adjudication division of the department of environmental management; provided, however, that all appeals shall contain precise statements of the issues presented on appeal and the specific part or parts of the decision of the director that are challenged.  (9) All appeals shall be heard before administrative adjudication hearing officers. All hearings shall be evidentiary hearings. All witnesses shall testify under oath and shall be subject to cross-examination.  (10) The hearing officer shall determine and apportion to the applicant the actual costs of the appeal process, exclusive of attorneys fees. These costs shall not be considered administrative penalties.  (b) The director shall publish a schedule of fees to be paid to file an application for a license. These fees shall be reasonable and shall account for the size and complexity of the proposed project and any other criteria as the director may determine; provided, however, that no application fee shall exceed one hundred thousand dollars ($100,000).  (c) Licenses shall expire three (3) years from the date of issuance unless sooner suspended or revoked. The provisions in this section for issuance of a license shall not apply to the renewal of a license and any facility shall be relicensed if it meets the criteria in effect when the facility was licensed; provided, however, that any renewal application that substantially deviates from the use or purpose of the license shall be subject to the provisions of this chapter and further provided that any facility shall be relicensed if it meets the criteria in effect when the facility was licensed. The director is authorized to promulgate by regulation procedures for license renewals. The director shall publish a schedule of fees to be paid to renew a license. These fees shall be reasonable and shall account for the size and complexity of the project, and costs incurred to monitor the project, and any other criteria that the director may determine; provided, however, that no renewal license fees shall exceed one hundred thousand dollars ($100,000). All licensed solid waste disposal facilities shall be deemed to comply with all local ordinances.  (d) All application fees and license fees shall be directed to the department of environmental management and shall be held in a separate account and appropriated for review of applications, renewals of, and compliance with, licenses.  (e) Notwithstanding the provisions of this section or any other provision of law to the contrary, cities and towns that own and operate landfills shall be exempt from any application fees relative to applications it files to expand its existing landfill.  History of Section.P.L. 1974, ch. 176,  4; G.L. 1956,  23-46-9; P.L. 1979, ch. 39,  1; G.L. 1956,  23-18.9-9; P.L. 1989, ch. 508,  4; P.L. 1989, ch. 514,  7; P.L. 1992, ch. 293,  1; P.L. 1997, ch. 172,  1; P.L. 2001, ch. 86,  74; P.L. 2018, ch. 54,  1; P.L. 2018, ch. 61,  1. 
 23-18-1. Definitions. The following terms used in this chapter, unless the context indicates otherwise, have the following meanings:  (1) Agencies mean town cemeteries, religious or ecclesiastical society cemeteries, cemetery associations, or any person, firm, corporation, or unincorporated association previously or hereafter engaged in the business of conducting a cemetery or operating a community mausoleum or columbarium.  (2) Columbarium means a structure or room, or other space in a building or structure of durable or lasting fireproof construction, containing niches, used, or intended to be used, to contain cremated human remains.  (3) Community mausoleum means a structure or building of durable or lasting construction, used or intended to be used, for the permanent disposition in crypts or spaces therein of the remains of deceased persons, provided the crypts or spaces and their use are available to or may be obtained by individuals for a price in money or other form of security.  (4) Crypt means the chamber in a mausoleum of sufficient size to contain the remains of a deceased person.  (5) Historic cemetery means any tract of land which has been for more than one hundred (100) years used as a burial place, whether or not marked with an historic marker, including but not limited to, ancient burial places known or suspected to contain the remains of one or more American Indians.  (6) Niche means a recess in a columbarium or other structure, used, or intended to be used, for the permanent disposition of the cremated remains of one or more deceased persons.  History of Section.P.L. 1939, ch. 721,  1; G.L. 1956,  23-18-1; P.L. 1992, ch. 478,  1. 
 23-18-10.1. Registering historical cemeteries. In addition to the records and indexes now required to be maintained by every recorder of deeds in all cities and towns, the recorder of deeds in every city and town shall maintain a register of all historical cemeteries located within the city or town. The tax assessor of each city or town shall note the location of each historical cemetery so registered on the appropriate tax assessors map with a symbol consisting of the letters CEM inside a rectangle.  History of Section.P.L. 1979, ch. 383,  1; P.L. 2011, ch. 117,  1; P.L. 2011, ch. 126,  1. 
 23-18-10.2. Exemption from liability. (a) A city, town, or public body shall not be held civilly liable for any breach of duty resulting in injury to the person or damage to the property or any person who voluntarily and without compensation, undertakes to maintain or to repair any designated historical cemetery pursuant to  23-18-10.1, provided that nothing in this section shall eliminate or limit the liability of a city, town, or public body:  (1) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or  (2) For any malicious, willful, or wanton act.  (b) A private landowner permitting access over his or her property to a historical cemetery for the purpose of voluntary maintenance or repair of the cemetery shall not be held civilly liable for any breach of duty resulting in injury to the person or damage to the property of those seeking to repair or maintain the cemetery.  History of Section.P.L. 1992, ch. 416,  1. 
 23-18-10. City and town regulation of burial grounds. (a) The city or town council of any city or town may prohibit burials in the compact or thickly-populated parts of the city or town, and may make any bylaws and ordinances relating to burials and the use of grounds for burials in the city or town that it may think necessary for preserving the health of the city or town, and as necessary to carry out the provisions of this chapter, and may enforce the ordinances in the manner provided in chapter 18 of this title.  (b) The town councils of the towns of East Greenwich and Smithfield and the city councils of the cities of East Providence, Warwick, Cranston, and Woonsocket, after having prevented further burials in those parts of their towns or cities as provided in subsection (a), may order, in accordance with this chapter, the owner of the burial ground so prohibited, and in the interest of public welfare, to cause to be removed the cadavers or remains of any persons buried in the burial ground, and transferred to and interred in some other cemetery within the state, the removal and interment to be under the direction of a qualified funeral director and with the approval of the nearest of kin of the deceased and at the expense of the owner of the land.  (c) No cadaver or remains shall be removed unless the owner of the land shall give notice by certified mail to the nearest of kin known to him or her, and by advertising in one or more daily newspapers having circulation within the town or city at least once a week for three (3) successive weeks. In the event there shall be no nearest of kin known to the owner or that the nearest of kin shall neglect or refuse to approve the removal and interment, the city or town shall cause the cadavers or remains to be removed, transferred, and interred in any other cemetery in accordance with the laws, rules, and regulations of the religious denomination, if any shall be known or ascertained, to which the deceased subscribed.  History of Section.G.L. 1896, ch. 91,  18; G.L. 1909, ch. 107,  18; G.L. 1923, ch. 119,  18; G.L. 1938, ch. 601,  17; G.L. 1956,  23-18-10; R.P.L. 1957, ch. 147,  1; P.L. 1958, ch. 96,  1; P.L. 1958, ch. 107,  1; P.L. 1959, ch. 182,  1; P.L. 1966, ch. 38,  1; P.L. 1968, ch. 252,  1; P.L. 1989, ch. 542,  48; P.L. 1993, ch. 45,  1; P.L. 2001, ch. 86,  72. 
 23-18-11.1. Permit required to alter or remove historic cemetery  Powers of city or town council  Appeal. (a) Before an agency or a property owner may authorize or commence alteration or removal of any historic cemetery, the agency or owner must apply to the city or town council where the historic cemetery is located for a permit to alter or remove. The city or town council shall prescribe by ordinance standards to regulate the alteration or removal of any historic cemetery within its municipal limits, but shall at a minimum provide that:  (1) The applicant examine all alternatives, and demonstrate that no prudent or feasible alternative to the proposed alteration is possible;  (2) The city or town provide for notification and participation in the permitting process of parties which may be interested in the proposed alteration or removal by virtue of their status as a governmental health or historic preservation authority, or as a private or nonprofit historical, genealogical or civic organization, or, in the case of American Indian cemeteries and burial grounds, the appropriate tribal organization; and  (3) The city or town provide for due consideration of the rights of descendants in any application to substantially alter or remove a historic cemetery.  (b) When an application for alteration or removal of a historic cemetery has been made and the boundary is unknown or in doubt, the city or town may require that the applicant, at its own expense, conduct an archaeological investigation to determine the actual size of the cemetery prior to final consideration by the city or town of the application to alter or remove.  (c) After due consideration, the city or town council may grant the application to alter or remove the historic cemetery in whole or in part, under the supervision of an archaeologist and with any restrictions and stipulations that it deems necessary to effectuate the purposes of this section, or deny the application in its entirety. Any person or persons aggrieved by a decision of the city or town council shall have the right of appeal concerning the decision to the superior court and from the superior court to the supreme court by writ of certiorari.  (d) Nothing in this section shall be deemed to contravene the authority of municipal bodies under  45-5-12 to hold, manage, repair, or maintain any neglected burial ground.  History of Section.P.L. 1992, ch. 478,  2; P.L. 1993, ch. 422,  6; P.L. 1994, ch. 14,  6; P.L. 2008, ch. 475,  55. 
 23-18-11.2. Regulation of excavation  Removal and transfer of graves and cemeteries  Penalties. (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 clerks 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.  History of Section.P.L. 1996, ch. 148,  1; P.L. 2011, ch. 117,  1; P.L. 2011, ch. 126,  1. 
 23-18-11. Regulation of excavation around cemeteries. (a) The city or town council of any municipality may by ordinance prescribe standards regulating any construction or excavation in the city or town, when those standards are reasonably necessary to prevent deterioration of or damage to any cemetery or burial ground, or to any structures or gravesites located in any cemetery or burial ground. The rules and regulations shall not apply to the ordinary installation of gravesites or of monuments, markers, or mausoleums.  (b) No city or town shall permit construction, excavation or other ground disturbing activity within twenty-five feet (25) of a recorded historic cemetery except in compliance with the following provisions:  (1) The boundaries of the cemetery are adequately documented and there is no reason to believe additional graves exist outside the recorded cemetery and the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment; or  (2) The proposed construction or excavation activity has been reviewed and approved by the city or town in accordance with  23-18-11.1.  (c) Whenever an unmarked cemetery or human skeletal material is inadvertently located during any construction, excavation, or other ground disturbing activity, including archaeological excavation, the building official of the city or town where the unmarked cemetery or human skeletal material is located shall be immediately notified. The building official shall, in turn, notify the state medical examiner and the Rhode Island historical preservation and heritage commission if the grave, cemetery, or skeletal material appears to be historic. Prior to the continuation of any further construction, excavation, or other ground disturbing activity, and unless the provisions of  23-18-7 shall apply, the property owner shall undertake an archaeological investigation to determine the boundaries of the unmarked cemetery and shall so inform the building official. In the event that the cemetery meets the criteria for a historic cemetery, the building official shall so advise the recorder of deeds of the city or town who shall record and register the cemetery in accordance with the provisions of  23-18-10.1.  History of Section.P.L. 1980, ch. 31,  1; P.L. 1992, ch. 478,  1. 
 23-18-12. Vandalism in cemetery  Civil penalties. Any person who shall be convicted of vandalism of cemetery property shall, in addition to any fine or penalty imposed by the court, pay treble damages to the agency whose cemetery sustained the damage. In the event the convicted offender is a minor, the family court may, if it determines that the juvenile is unable to pay treble damages, require the offender to perform specified work at the cemetery site where the damage was sustained for a period of time that in the courts opinion will equal treble the damages inflicted at the cemetery.  History of Section.P.L. 1981, ch. 247,  1. 
 23-18-13. Notification of historical preservation and heritage commission. The historical preservation and heritage commission shall be notified whenever an ancient burial place contains or is suspected to contain the remains of one or more persons.  History of Section.P.L. 1992, ch. 478,  2; P.L. 2011, ch. 117,  1; P.L. 2011, ch. 126,  1. 
 23-18-14. Records of disposition. (a) Agencies, as defined in  23-18-1, are responsible for the proper maintenance of all records of disposition of human remains, and all burials shall be accompanied with appropriate records or combination of records giving location and name of deceased, date of burial, record of property owner, and a geographic schematic indicating the specific location of final disposition. The agencies have the ability to cross reference this material as the agencies deem necessary as long as the records insure the accuracy and quality control of the location and name of the deceased.  (b) The agencies shall supply this information to the general public upon reasonable request.  History of Section.P.L. 1999, ch. 435,  1. 
 23-18-15. Installation of veterans plaque. Any cemetery which accepts the remains of a military veteran for burial shall install, for a maximum charge of seventy-five dollars ($75.00), the plaque issued by the Veterans Administration to the deceased veteran, on the veterans gravesite.  History of Section.P.L. 2009, ch. 231,  1. 
 23-18-2.1. Cremated human remains. (a) If a cemetery has rules or regulations in effect regarding the disposition of cremated human remains on or in cemetery property, those rules and regulations, if not contrary to law, shall be binding on all interested parties.  (b) The scattering of cremated human remains within a cemetery shall be prohibited except within a specific area designated for that purpose. Violation of this subsection shall be punishable by a fine of not to exceed five hundred dollars ($500).  (c) Nothing in this section shall be construed to require a cemetery to authorize the scattering of ashes when that practice is contrary to the religious beliefs associated with the cemetery.  History of Section.P.L. 1998, ch. 349,  1. 
 23-18-2. Location of mausoleums and columbaria. Every community mausoleum, other than structures containing crypts erected or controlled by churches and religious societies, and every columbarium, or other similar structure intended to hold or contain the bodies or remains of the dead, the spaces, crypts, or niches of which are available to the public, shall be located only within the confines of an established cemetery.  History of Section.P.L. 1939, ch. 721,  2; G.L. 1956,  23-18-2. 
 23-18-3. Approval of construction plans  Supervisory control. 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.  History of Section.P.L. 1939, ch. 721,  3; G.L. 1956,  23-18-3; P.L. 1993, ch. 45,  1. 
 23-18-4. Completion of structure and maintenance provisions required before interments. No structure shall be used for the purpose of depositing therein human remains until the structure is finally completed, nor until provision for maintenance of the structure has been provided in accordance with the requirements as provided by the city or town wherein the structure is located.  History of Section.P.L. 1939, ch. 721,  4; G.L. 1956,  23-18-4; P.L. 1993, ch. 45,  1. 
 23-18-5. Sales before completion of structure  Bond. No crypt, room, or space in the structure shall be sold or offered for sale before the structure is entirely completed, unless and until the agency selling the crypt or niches, enters into an agreement whereby it agrees to refund to each and every purchaser all sums of money paid by each, together with legal interest on all sums of money, in the event it fails to complete the structure within the time which shall have been limited by the city or town wherein the structure is located, which agreement shall be entered into with some bank or trust company or other organization as trustee for the persons as directed by the city or town, nor until the agency shall also have made, executed and delivered to the trustee, its bond, with adequate security, if required, conditioned upon paying to the trustee a sum of money sufficient to provide for the refund previously provided and to provide for the repair, maintenance, and replacement of the structure, or shall have paid or delivered to the trustee a sum of money or other property sufficient for these purposes, the amount of the bond, payment, or delivery of property and the security on the bonds, if any shall be required, to be fixed and determined by the city or town wherein the structure is located.  History of Section.P.L. 1939, ch. 721,  5; G.L. 1956,  23-18-5; P.L. 1993, ch. 45,  1. 
 23-18-6. Proceeds of sales. The proceeds from the sales of crypts, niches, or any space in the structure, shall be used for the repayment of loans for the purpose of construction thereof with reasonable interest on the loans and for the construction, maintenance, and perpetual care of the structure, and may not be divided among any persons as profits.  History of Section.P.L. 1939, ch. 721,  6; G.L. 1956,  23-18-6. 
 23-18-7. Re-interment of bodies in structure becoming health menace. Whenever a mausoleum, vault, crypt, or similar structure previously or hereafter erected and containing one or more deceased human bodies, shall, in the opinion of the city or town where the structure is located, become a menace to public health, and the owner or owners of the structure fail to repair or remove the structure to the satisfaction of the city or town, any court of competent jurisdiction may order the person, association, or other agency owning the structure to remove the body or bodies for interment in some suitable cemetery at the expense of the person, association, or other agency owning the mausoleum, vault, crypt, or similar structure. When no person, association, or any representative of any agency can be found in the county where the mausoleum, vault, crypt, or similar structure is located, then the removal and interment shall be at the expense of the cemetery or other agency where the mausoleum, vault, crypt, or similar structure may be located.  History of Section.P.L. 1939, ch. 721,  7; G.L. 1956,  23-18-7; P.L. 1993, ch. 45,  1. 
 23-18-8.1. Perpetual care funds. (a) All funds paid to or held by an agency for the purpose of funding the perpetual care of cemetery lots, crypts, or niches shall be maintained in a separate perpetual care fund, and shall not be commingled with any other funds of the agency; and  (b) Not less than twenty percent (20%) of the sale price of a cemetery lot, crypt, or niche sold with perpetual care shall be deposited by the agency in the perpetual care fund.  History of Section.P.L. 1993, ch. 473,  1. 
 23-18-8.2. Additional deposits. If at any time after a cemetery lot, crypt, or niche has been sold an agency receives additional funds from any source for perpetual care of the lot, crypt, or niche, all of the funds shall be deposited in the perpetual care fund.  History of Section.P.L. 1993, ch. 473,  1. 
 23-18-8.3. Maintenance of perpetual care funds. The corpus or principal of perpetual care funds shall be maintained intact, and shall not be expended to pay for perpetual care or any other expenses, but the income and other earnings on the corpus or principal of perpetual care funds may be so expended.  History of Section.P.L. 1993, ch. 473,  1. 
 23-18-8. Speculative sales prohibited. The sale of cemetery lots or plots, or the sale of crypts or niches in a community mausoleum, or niches in a columbarium, crematory, or any other similar structure, for speculative purposes, or upon the promise, representation, or inducement to the purchaser that the structure may be resold at a financial profit, is prohibited. Any person or individual who shall make, or attempt to make, either on his or her own behalf or on behalf of another, a sale or conveyance contrary to the provisions of this chapter, shall be punished as provided in  23-18-9.  History of Section.P.L. 1939, ch. 721,  8; G.L. 1956,  23-18-8; P.L. 2001, ch. 86,  72. 
 23-18-9. Penalty for violations. 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.  History of Section.P.L. 1939, ch. 721,  9; G.L. 1956,  23-18-9. 
 23-19.1-1. Short title. This chapter shall be known and may be cited as the Hazardous Waste Management Act. History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-1. 
 23-19.1-10.1. Criteria for permits. The director shall only grant permits to hazardous waste management facilities upon a showing that the facilities are required to manage hazardous waste generated in the state.  History of Section.P.L. 1982, ch. 197,  3. 
 23-19.1-10.2. Criteria for licenses. The director shall only grant permits to hazardous waste management facilities upon a showing that the facilities are required to manage hazardous waste generated in the state.  History of Section.P.L. 1982, ch. 197,  3. 
 23-19.1-10.3. Emergency and temporary permits. (a) The director is authorized to issue emergency permits for the storage, transportation, treatment, or disposal of hazardous waste when the director finds that a situation, if not immediately remediated, presents an imminent hazard to the public health or safety, or to the environment.  (b) The director is authorized to issue temporary permits for the storage, treatment, or disposal of hazardous wastes for the purpose of expeditiously remediating an existing site of hazardous waste contamination. Temporary permits shall explicitly prohibit the acceptance of hazardous waste from off-site for treatment or disposal and shall be valid only for the period specified by the director.  (c) Permits issued under this section shall meet the substantive standards delineated in the rules and regulations promulgated under the authority of  23-19.1-6 insofar as is practicable.  History of Section.P.L. 1987, ch. 443,  1; P.L. 1993, ch. 150,  1; P.L. 2001, ch. 86,  81. 
 23-19.1-10. Permits  Issuance  Renewal  Revocation  Exempted activities. (a) After the rules and regulations required to be promulgated under this chapter take effect, no person shall construct, substantially alter, or operate any hazardous waste management facility, nor shall any person store, transport, treat, or dispose of any hazardous waste, except as exempted by this section, without first obtaining a permit from the director for the facility or activity, nor shall any person accept or deliver hazardous waste from or to any person who does not possess a permit from the director for hazardous waste management, without the prior approval of the director, provided, that this section shall not be construed to require permits for the generation of hazardous waste.  (b)(1) Permits shall be issued pursuant to  23-19.1-6. Applications shall be reviewed for compliance with  23-19.1-6 and the regulations promulgated pursuant to  23-19.1-6 by the office of waste management. Upon receipt of an application, the office of waste management shall notify both the chief executive officer and the city or town council president of the municipality in which the facility is proposed to be located of the receipt of the application. For any application deemed deficient, it shall be returned to the applicant, without prejudice, together with a concise statement of the deficiencies. The director may deny an application if, in his or her judgment, the applicant does not adequately respond to these identified deficiencies. The applicant may appeal this decision to the office of administrative adjudication. For any application deemed to comply, a draft permit shall be issued by the departments office of waste management.  (2) Within fifteen (15) days following the issuance of a draft permit, the office of waste management shall give notice of an informational workshop and public comment hearing. The notice shall be published in a newspaper of general circulation in the area affected, and the office of waste management shall notify all persons requesting notification in writing and all property owners within five hundred feet (500) of the perimeter of the site of the facility by mail directed to the last known address, and the city or town in which the hazardous waste management facility is located. Within fifteen (15) days of the date of the notice, the informational workshop shall be conducted. The purpose of the informational workshop is to discuss the type of facility or activity which is the subject of the draft permit; the type and quantity of wastes which are proposed to be managed, processed, and/or disposed, a brief summary for the basis for the draft permit, proposed permit conditions, including references to applicable statutory or regulatory provisions, an explanation of why any requested variances or alternatives to required standards do or do not appear justified, a description of the procedures for reaching a final decision on the draft permit, which includes the beginning and ending dates for the comment period, the address where comments will be received, the nature of that hearing, any procedures by which the public may participate in the final decision, and the name and telephone number of a person to contact for further information.  (3) No earlier than sixty (60) days nor later than seventy-five (75) days following the initial public notice of the informational workshop and public comment hearing, a hearing shall be held to take public comment. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, which shall be considered part of the record, may be submitted for thirty (30) days following the close of the public comment hearing.  (4) Within ninety (90) days of the close of the public comment period, the director shall issue or deny the permit. The permit or the denial is sent to the applicant, and a copy shall be sent to the municipality in which the proposed facility is to be located. The permit or denial shall be in writing and include a response to each substantive public comment. In the event that the director fails to either issue or deny the permit within the ninety (90) day period, then the applicant may petition the superior court to issue its writ of mandamus ordering the office of waste management or some suitable person to immediately issue the permit or denial. Any person refusing to obey the writ of mandamus is subject to penalties for contempt of court. The writ of mandamus is the exclusive remedy for failure of the director to comply under this section.  (5) The applicant and/or any person who provided substantive comment at any time during the public comment period may appeal the decision of the office of waste management to the departments office of administrative adjudication; provided, that any person who demonstrates good cause for failure to participate and demonstrate that his or her interests are substantially impacted if prohibited from appearance in the appeal may, in the discretion of the hearing officer, be permitted to participate in the appeal process.  (6) No appeal is de novo, and is limited to those substantive issues raised by the appellant during the comment period, or allowed pursuant to subdivision (b)(5).  (7) All appeals shall be pursuant to the rules and regulations established by the director and the rules and regulations established by the office of administrative adjudication; provided, that all appeals shall contain precise statements of the issues presented on appeal and the specific part of parts of the decision of the director, which are challenged.  (8) All appeals shall be heard before administrative adjudication hearing officers.  (c) No permit shall be approved by the director unless he or she finds that the applicant, in any prior performance record in the collection, transportation, treatment, storage, or disposal of hazardous or solid waste, has exhibited sufficient reliability, expertise, and competency to operate the hazardous waste management facility, given the potential for harm to human health and the environment which could result from the irresponsible operation of this hazardous waste management facility, or if no prior record exists, that the applicant is likely to exhibit that reliability, expertise and competence.  (d) No permit shall be approved by the director if any person, shown to have a beneficial interest in the business of the applicant or the permittee other than an equity interest or debt liability by the investigation, has been convicted or has pled nolo contendere and received an actual or suspended sentence with a plan of any of the following crimes under the laws of Rhode Island or the equivalent of these under the laws of any other jurisdiction:  (1) Murder;  (2) Kidnapping;  (3) Gambling;  (4) Robbery;  (5) Bribery;  (6) Extortion;  (7) Criminal usury;  (8) Arson;  (9) Burglary;  (10) Theft and related crimes;  (11) Forgery and fraudulent practices;  (12) Fraud in the offering, sale or purchase of securities;  (13) Alteration of motor vehicle identification numbers;  (14) Unlawful manufacture, purchase, use or transfer of firearms;  (15) Unlawful possession or use of destructive devices or explosives;  (16) Racketeering;  (17) Perjury or false swearing;  (18) Any purposeful knowing, willful, or reckless violation of the criminal provision of any federal or state environmental protection laws, rules, and regulations;  (19) Assault constituting a felony.  (e) For the purpose of establishing whether any person, shown to have a beneficial interest in the business of the applicant or the permittee other than an equity interest or debt liability by the investigation, has been convicted or has pled nolo contendere and received an actual or suspended sentence with a plan for any of the offenses enumerated in subsection (d) under the laws of any other jurisdiction, the applicant shall provide the director, as part of the standard permit application process, a notarized affidavit and BCI criminal record report from each and every state within which the applicant resides and/or conducts business. The notarized affidavits and BCI criminal records reports shall be provided for each and every person shown to have a beneficial interest in the business of the applicant or the permittee other than an equity interest or debt liability by the investigation.  (f) Notwithstanding the provisions in this section, no applicant shall be denied a permit on the basis of a conviction of any individual shown to have a beneficial interest in the business of the applicant or the permittee other than an equity interest or debt liability by the investigation, for any of the offenses enumerated in this section if the person has affirmatively demonstrated by clear and convincing evidence of his or her rehabilitation. In determining whether an applicant has affirmatively demonstrated rehabilitation, the director shall request a recommendation from the attorney general and shall consider the following factors:  (1) The nature and responsibilities of the position which a convicted individual would hold;  (2) The nature and seriousness of the offense;  (3) The circumstances under which the offense occurred;  (4) The date of the offense;  (5) The age of the individual when the offense was committed;  (6) Whether the offense was an isolated or repeated incident;  (7) Any social conditions which may have contributed to the offense;  (8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.  (g) No permit shall be approved by the director if the attorney general determines that there is a reasonable suspicion to believe that a person shown to have a beneficial interest in the business of the applicant or the permittee other than an equity interest or debt liability by the investigation, does not possess a reputation for good character, honesty and integrity, and that person or the applicant fails by clear and convincing evidence, to establish his or her reputation for good character, honesty, and integrity.  (h) No permit shall be approved by the director with respect to the approval of an initial permit, if there are current prosecutions or pending charges in any jurisdiction against any person shown to have a beneficial interest in the business of the applicant or the permittee other than an equity interest or debt liability by the investigation, for any of the offenses enumerated in this section; provided, that at the request of the applicant or the person charged, the director shall defer decision upon this application during the pendency of this charge.  (i) No permit shall be approved by the director if any person shown to have a beneficial interest in the business of the applicant or the permittee other than an equity interest or debt liability by the investigation, has pursued economic gain in an occupational manner or context which is in violation of the criminal or civil public policies of this state. For the purposes of this section, occupational manner or context means the systematic planning, administration, management, or execution of an activity for financial gain.  (j) No permit shall be approved by the director if the applicant in its application or any other materials supplied to the director or the attorney general shall supply information which is untrue or misleading as to a material fact pertaining to the disqualification criteria set out in this section.  (k) Any applicant who is denied an initial permit pursuant to this section shall, upon written request transmitted to the director within thirty (30) days of the denial, be afforded the opportunity for a hearing. Any permittee who receives a notice of intent to revoke or refuse to renew a permit shall have fifteen (15) days from the receipt of the notice to transmit to the director a request for a hearing.  (l)(1) Notwithstanding the disqualification of any applicant or permittee the director may issue or renew a license if the applicant or permittee severs the interest of or affiliation with the person who would cause that disqualification.  (2) Where the disqualifying individual is the owner of an equity interest or interest in the debt liability of the permittee or applicant, he or she must completely divest himself or herself of that interest. Where immediate sale of the interest would work an economic hardship on the individual, the permittee or applicant, the director may, in his or her discretion, allow for divestiture over a period of time not to exceed one year.  (3) Arrangements such as blind trusts will be acceptable only as part of a divestiture arrangement under which the trustee is obliged to sell the disqualifying individuals interest within a period not to exceed two (2) years.  (4) Before the director will issue or renew a permit to an applicant or permittee which has severed a disqualifying individual, the applicant or permittee must submit to the director an affidavit, sworn to by the chief executive officer, attesting to the severance of the disqualifying individual and describing the terms, circumstances and conditions of the severance. Any instruments pertaining to that severance (such as a trust agreement) shall be submitted with the affidavit.  (m) The director will not issue a permit to any person who has had an application denied, or a license revoked, for any of the reasons set forth for a period of five (5) years following this denial or revocation. A person that is a business concern shall be considered as the same person if the management structure of the concern includes the person or persons that were the cause of the original disqualification.  (n) Permits for hazardous waste transporters shall be issued for a period not to exceed one year. Applications for hazardous waste transporter permits shall be reviewed by the office of waste management for compliance with  23-19.1-6 and the regulations promulgated pursuant to  23-19.1-6, and the director will issue or deny the permit based on that review. Appeals of this decision shall be to the office of administrative adjudication. The provisions of subsection (b) are not applicable to hazardous waste transporter permit applications. Permits for hazardous waste management facilities shall be issued subject to any terms and conditions that the director may require, and subject to suspension, revocation, modification, or amendment as provided in subsection (p) for a period of five (5) years. The director shall hold a public hearing in accordance with subsection (b) prior to the renewal of any permit. Any changes in permit conditions shall be included in the notification.  (o) In any proceeding for issuance or renewal of a permit required under this section, the burden of proving that the operation of the facility for which a permit is sought complies with the rules and regulations under  23-19.1-6(a) shall be on the applicant for the permit; provided, that failure or refusal of the applicant to provide requested information may be considered as grounds for denial of the application.  (p)(1) Any permit issued under this section may be suspended, revoked, modified, or amended by the director at any time upon a showing: that the permittee failed in the application or during the permit issuance process to discharge fully all relevant facts, or the permittees misrepresentation of any relevant facts at anytime, or that there has been a conviction or plea as described in subsection (d), 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 permit, a change in ownership or operational control of a permitted hazardous waste facility, or upon a showing that the continued operation of the permitted facility constitutes a threat to the health and safety of the public or to the environment. In any administrative proceeding for revocation of a permit under the provisions of this section the permittee has the burden of demonstrating compliance with all lawful requirements and regulations for the retention of the permit and that continued operation under the permit will not constitute a threat to public health, safety, or the environment. In any proceeding for revocation, suspension, modification, or amendment of a permit pursuant to this subsection, the director will provide the affected party with the opportunity for an adequate hearing and with written notice of the intent of the director to revoke the permit and the reasons for the revocation.  (2) The following are causes for modification but not revocation and reissuance of permits, but the following may be causes for revocation and reissuance as well as modification when the permittee requests or agrees:  (i) There are material and substantial alterations or additions to the permitted facility or activity which occurred after the permit issuance which justify the application of permit conditions that are different or absent in the existing permit;  (ii) Permits may be modified during their terms only if the director has received information that was not available at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance. This shall include any information indicating the cumulative effects on the environment are unacceptable;  (iii) The rules or regulations on which the permit was based have been changed by promulgation of amended rules or regulations or by judicial decision after the permit was issued.  (iv) The director determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.  (3) In addition to any other cause set forth in this chapter, any permit may be revoked by the director for any of the following causes:  (i) Fraud, deceit, or misrepresentation in securing the permit, or in the conduct of the permitted activity;  (ii) Offering, conferring, or agreeing to confer any benefit to induce any other person to violate the provisions of the Rhode Island Hazardous Management Act or of any other law relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste, or of any rule or regulation adopted pursuant to it;  (iii) Coercion of a customer by violence or economic reprisal or the threat to utilize the services of any permittee;  (iv) Preventing, without authorization of the director, any permittee from disposing of solid waste or hazardous waste at a licensed treatment, storage or disposal facility. In any proceeding for revocation, suspension, modification, or amendment of a permit pursuant to this subsection, the director will provide the affected party with the opportunity for an adequate hearing and with written notice of the intent of the director to revoke the permit and the reasons for the revocation.  (q) The following activities do not require a permit under this chapter, but are subject to the portions of this chapter and rules and regulations adopted under this chapter that do not apply to permits:  (1) Storage, treatment, or disposal of those quantities of certain hazardous wastes that the director determines by regulation do not pose a threat to the public health, safety, and environment;  (2) Transport of any hazardous waste on the premises where it is generated or onto contiguous property owned by its generator; and  (3) Temporary storage or resource recovery, including regeneration or reclamation of material or energy, of hazardous wastes at the site of generation, which temporary storage or resource recovery is conducted by its generator.  (r) In addition to any other requirements imposed by this section, no permit or renewal of a permit for a facility that is a commercial landfill shall be approved by the director unless the applicant provides evidence of either (1) bonding; and/or (2) a catastrophe fund, both to be in an amount and for a length of time as the director shall determine to be necessary to protect the general publics health and welfare from any potential complications arising from the landfill. The directors determination as to the amount and length of time for this bond and/or catastrophe fund shall be final. The applicants evidence of the bonding and/or catastrophe fund shall be available for public inspection at the department.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-10; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-10; P.L. 1982, ch. 197,  2; P.L. 1986, ch. 505,  1; P.L. 1990, ch. 148,  1; P.L. 1998, ch. 310,  1; P.L. 1999, ch. 463,  1. 
 23-19.1-11.1. Ground water resources. No hazardous waste, including septic waste, shall be disposed of in an area overlying an actual, planned, or potential underground drinking water source as described on the ground water maps of the U.S. geological survey and the Rhode Island water resources board, providing the underground drinking water source has been designated, on the basis of hydrogeologic data, as a future or potential municipal water source by the city or town in which the underground water source is located and, furthermore, providing there is a local ordinance relating to groundwater aquifer zones.  History of Section.P.L. 1979, ch. 237,  1. 
 23-19.1-11. Permits  Variances. (a) Where the application for or compliance with any permit required under this chapter would, in the judgment of the director, and upon presentation by the applicant of adequate proof, cause undue or unreasonable hardship to any person, and that a variance would not be contrary to the public health and safety, or to the environment, the director may issue a variance from the requirements of  23-19.1-10. The issuance or denial of a variance shall be preceded by public notice and notice to the applicant and to property owners of record within five hundred feet (500) of the perimeter of the site of the facility and hearing. In no case shall the duration of the variance exceed one year. Renewals or extensions may be given only after opportunity for public comment on the renewal or extension.  (b) The director may require the filing of a bond as a condition for the issuance of a variance in an amount determined by the director to be sufficient to insure compliance with the terms and conditions of variance. The director may require that the bond shall remain in effect until the terms and conditions of the variance are met and the provisions of this chapter and rules and regulations promulgated under this chapter are complied with.  (c) Upon failure to comply with the terms and conditions of any bond or of any variance as specified by the director, the variance may be revoked or modified or the bond may be revoked or both, by the director after a hearing held upon not less than thirty (30) days written notice. The notice shall be served upon all persons who will be subjected to greater restrictions if the variance is revoked or modified or who have filed with the director a written request for notification.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-11; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-11. 
 23-19.1-12. Inspections  Penalty for hindering entry. (a) For the purposes of enforcing this chapter or any rule or regulation issued pursuant to this chapter, the director may:  (1) Enter any hazardous waste management facility or any place that the director has reason to believe hazardous wastes are generated, stored, treated, or disposed of;  (2) Inspect vehicles which the director has reasonable ground to believe are being used for the transportation of hazardous wastes;  (3) Inspect and obtain samples of any waste or other substance, labels, containers of waste or other substance, or samples from any vehicle in which hazardous wastes are transported or in which the director has reason to believe hazardous wastes are transported; and  (4) Inspect and copy records, reports, information, or test results kept or maintained at a hazardous waste management facility.  (b) Any person obstructing or hindering, or in any way causing to be obstructed or hindered, the director from the performance of his or her duties, or who shall refuse to permit the director entrance to any premises, building, vehicle, plant, or equipment, in the performance of the directors duties, shall be guilty of a misdemeanor and fined not more than five hundred dollars ($500).  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-12; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-12. 
 23-19.1-13. Employment of experts and consultants to investigate permit applications. For the purpose of investigating and hearing any application for a permit or renewal of a permit required under this chapter, or in connection with proceedings under  23-19.1-10(e), the director may employ official stenographers, engineers, chemists, accountants, legal counsel, or experts, and may designate persons free from bias, prejudice and pecuniary interest in the matter concerned, to examine and testify regarding the matters involved and all collateral issues at all hearings and in any appeal procedures until a final determination in law has been effected.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-13; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-13. 
 23-19.1-14. Permit fees  Expenses of investigation and hearing. (a) The director may establish reasonable application and renewal fees for permits issued under this chapter to be not less than one hundred dollars ($100) for any vehicle, or to be not less than one thousand dollars ($1,000) for any hazardous waste management facility.  (b) Any person who applies for a permit under this chapter, or who seeks renewal of a permit issued under this chapter, or whose permit is suspended or revoked under  23-19.1-10(e), shall be charged with and shall pay the expenses reasonably incurred by the department for the purchase of materials, and for the employment of official stenographers, engineers, chemists, accountants, legal counsel, or experts, and for travel and other necessary outlays, in connection with its investigation, processing, hearing, and deciding the application for a permit or permit renewal, or the suspension or revocation of a permit. The director shall ascertain the amount of the expenses incurred and to be paid by the person applying for the permit or renewal, and shall render a bill for it to the person at the conclusion of the investigation and hearing, or during its progress. The amount of the bill rendered shall be paid by the person to the department within thirty (30) days of its rendition unless within this time period, the person billed shall request an opportunity to be heard by the director as to its amount. An application for a permit or a permit renewal shall not be granted until all charges are paid in full. The director shall comply with the request and issue a written determination on it. The burden of proving the unreasonableness of the amount billed shall be on the person billed. Any amount of the bill not paid within thirty (30) days from the date of rendition of the bill, shall draw interest at the rate of seven percent (7%) per annum; provided, that if, after a hearing, a portion of the amount of the bill shall be found to be unreasonable, no interest shall be computed on that portion of the bill. The total amount which may be assessed under this subsection against any person with respect to the renewal of a permit under this chapter in any calendar year shall not exceed ten thousand dollars ($10,000); the total amount which may be assessed against any person with respect to an application for a new permit under this chapter in any calendar year shall not exceed one hundred thousand dollars ($100,000).  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-14; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-14; P.L. 1988, ch. 625,  1. 
 23-19.1-15. Proceedings for enforcement. The superior court for Providence county shall have concurrent jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant to this chapter. Proceedings for enforcement may be instituted and prosecuted in the name of the director, by either the director or by the attorney general, and in any proceeding in which the director or the attorney general seeks injunctive relief, it shall not be necessary to show that without this relief, the injury that will result will be irreparable, or that the remedy at law is inadequate. Proceedings provided for in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter or pursuant to any other provision of the general laws or common law.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-15; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-15; P.L. 2021, ch. 147,  4, effective July 3, 2021; P.L. 2021, ch. 148,  4, effective July 3, 2021. 
 23-19.1-16. Emergency powers. Notwithstanding any other provision of this chapter, the director, upon finding that the storage, transportation, treatment, or disposal of any hazardous waste, or any other activity with respect to the wastes, presents an imminent hazard to the public health and safety, or to the environment, may, without prior notice or hearing, take any action as the director deems necessary to protect the public health and safety, or the environment. The action may include, but shall not be limited to, the following:  (1) Issuing orders directing the hazardous waste generator or transporter or operator of the hazardous waste management facility, or any other person who is the custodian of the waste, which constitutes the hazard, to take any steps as the director shall deem necessary to prevent the act or to eliminate the condition which constitutes the hazard. The action may include, with respect to a facility or site, temporary cessation of operation, and/or an order for the removal of the hazardous substance from the site. Any order issued under this section without notice and prior hearing shall be effective no longer than forty-five (45) days, provided, that for good cause shown the order may be extended one additional period of up to forty-five (45) days; and/or  (2) Obtaining injunction relief or other order from superior court.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-16; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-16; P.L. 1979, ch. 265,  1. 
 23-19.1-17.1. Seizure and forfeiture of property used to violate chapter. (a) It shall be unlawful to willfully, knowingly, and intentionally use, or possess with the intention to so use, any aircraft, vehicle, vessel, draft animal, or other property to transport or dispose hazardous waste in violation of this chapter. Any property used this way may be seized, and shall be forfeited to the state.  (b) Any property subject to forfeiture may be seized by the director before forfeiture proceedings are instituted. Property seized shall remain in the care and custody and under the control of the director, pending disposition as provided in this section.  (c) The superior court for Providence County shall have jurisdiction to enforce forfeiture. Proceedings for forfeiture may be instituted and prosecuted in the name of the director.  (d) In the event that bond as provided in this section shall have been executed and the property returned before forfeiture proceedings have been instituted in the superior court, all parties executing the bond shall be given notice of the pendency of the proceedings, by personal service or publication, in any manner and form as the court may direct. Notice of the pendency of the proceedings shall be given to any persons and in any manner and form as the court may direct.  (e) When, in the opinion of the director, any seized property is liable to perish or become greatly reduced in price or value by keeping, or when it cannot be kept without great expense, the director shall appraise the property; and then:  (1) The owner shall have the property returned to him, her, or it, upon giving bond in an amount equal to the appraised value to abide the final order, decree, or judgment of the court in forfeiture proceedings under this section, and to pay the amount of the appraised value to the director, or as may be ordered and directed by the court; or  (2) If the owner shall neglect or refuse to give the bond, the director shall as soon as possible make public sale of the property. The proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be paid to the court to abide its final order, decree, or judgment.  (f) Whenever any person interested in any property seized under this section files with the court before its final order, decree, or judgment a petition in any manner and form as the court may direct, for the mitigation of the forfeiture, the court may mitigate this forfeiture upon any terms and conditions as it deems just and reasonable, or may order discontinuance of the forfeiture proceedings, if the court finds any mitigating circumstances to justify the mitigation or discontinuance.  (g) After final order, decree or judgment granting forfeiture, the director may:  (1) Make public sale of the property. In this case the proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be used by the director in furtherance of the enforcement of this chapter; or  (2) Use the property in furtherance of the enforcement of this chapter.  (h) The court may order and direct the director to deliver seized property to any interested party before a final order, decree, or judgment in a forfeiture proceeding, if the interested party shall give bond in the amount of the appraised value of the property to abide the final order, decree, or judgment of the court, and to pay the amount of the appraised value to the director, or as may be ordered and directed by the court. The value of the property shall be appraised in any manner as the court may order and direct, and the cost of the appraisal shall be paid by the interested party.  (i) Forfeiture of property under this section shall be in addition to any other penalty provided by law.  History of Section.P.L. 1984, ch. 75,  1. 
 23-19.1-17.2. Sampling and disposition of hazardous waste. Hazardous waste which has been seized or which is in the possession of law enforcement authorities and which may be used in a criminal prosecution may be destroyed or disposed of as provided in this section:  (1) There shall be kept a full and complete record of all hazardous waste received or seized showing the exact kinds, quantities, and forms of the waste, the person(s) from whom received or seized and/or place(s) from which taken or seized, and the person(s) to whom delivered; pursuant to what authority received, seized, delivered, or disposed and the dates of all these occurrences; which record shall be open to inspection by all federal or state officers charged with enforcement of this title or with federal laws applicable to hazardous waste.  (2) Prior to disposal or destruction of the hazardous waste, the department shall take and properly store representative samples of the waste, whenever practicable and safe, until the time as the criminal case is resolved.  History of Section.P.L. 1986, ch. 153,  2; P.L. 1993, ch. 150,  2. 
 23-19.1-17. Civil penalty for violations. Any person who shall violate the provisions of this chapter, or of any rule, regulation, or order issued pursuant to this chapter, shall be subject to a civil penalty, of not more than twenty-five thousand dollars ($25,000). In the case of a continuing violation, each days continuance of the violation shall be and be deemed to be a separate and distinct offense.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-17; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-17; P.L. 1979, ch. 265,  1; P.L. 1981, ch. 154,  1; P.L. 2007, ch. 187,  1; P.L. 2007, ch. 213,  1. 
 23-19.1-18.1. Determination of restoration costs  Judgment  Other relief not precluded. (a) In any case where the court is of the opinion that the sentence should consist of or include the amount of the cost of restoring to its original state the area where hazardous wastes were stored, treated, or disposed of in violation of the provisions of this chapter, the court shall order a hearing to determine the amount of the cost of the restoration. For the purposes of this section, the original state of the area means the reasonably ascertainable condition of the property immediately prior to the unlawful storage, treatment, or disposal, or, if impracticable to determine the condition, then it shall be the reasonable environmentally sound condition of the property. The order must be filed with the clerk of the court and must specify a date for the hearing not less than ten (10) days after the filing of the order.  (b) Upon receipt of the order, the clerk of the court must send a notice of the hearing to the defendant, the defendants legal counsel, and the attorney general. The notice must specify the time and place of the hearing and the fact that the purpose of the hearing is to determine the amount of the cost of restoring to its original state the area where hazardous wastes were stored, treated, or disposed unlawfully.  (c) When the defendant appears for the hearing, the court must ask the defendant whether he or she wishes to make any statement or offer any evidence with respect to the amount of the cost of restoring to its original state the area where hazardous wastes were stored, treated, or disposed unlawfully.  (d) At any hearing held pursuant to this section, the burden of proof rests upon the state, which shall be represented by the attorney general. A finding as to the amount of the cost of restoring to its original state the area where hazardous wastes were stored, treated, or disposed unlawfully must be based upon a preponderance of the evidence. The defendant shall be permitted to rebut any evidence offered by the state.  (e) In all cases, the court shall enter its findings and judgment upon the record at the conclusion of the hearing.  (f)(1) The judgment may require the defendant to pay an amount for the restoration of the property or to perform duties of restoration or both. Where the cost of restoration cannot be wholly determined by the evidence, the court may order the defendant to pay an amount that reasonably approximates the total cost of restoration or may require the defendant to finance the restoration without a determination as to amount.  (2) When the court orders the defendant to pay an amount for the restoration of the property, the amount shall be paid to the department of environmental management and shall be used exclusively by the department of environmental management for the restoration of the property.  (3) Where the court orders the defendant to perform duties of restoration to the property, the court may authorize the department of environmental management to supervise and report to it on the conduct of the duties.  (4) In order to most likely assure the restoration of the property, where there are two or more defendants, the court may apportion the costs or assign the performance of duties of restoration, or both, between or among the defendants as the interests of justice may appear to the court.  (5) Defendants may be ordered by the court to reimburse the state for any administrative costs incurred by the state or its agents in conjunction with restoration work.  (g) The provisions of this section shall not preclude the state or attorney general or the department of environmental management from seeking any other relief authorized by other statute or common law.  History of Section.P.L. 1982, ch. 337,  2; P.L. 1984, ch. 403,  1. 
 23-19.1-18.2. Limitation of prosecutions. No person shall be convicted of any offense for any violation of this chapter or any rule or regulation of the department, unless the complaint or warrant for the violation shall have been issued within seven (7) years from the time that the facts constituting the offense or violation shall have become known to the department or law enforcement authorities.  History of Section.P.L. 1986, ch. 153,  2; P.L. 1989, ch. 535,  4. 
 23-19.1-18.3. Prohibiting business due to conviction of certain acts. Any person, firm, or corporation engaged in the business of collecting and/or disposing of hazardous waste, which has been convicted of violating any statute relating to bribery, fraud, or bid-rigging in this state or in any other state in this country, shall for a period of three (3) years from the date of conviction, be prohibited from doing business in this state.  History of Section.P.L. 1989, ch. 506,  2. 
 23-19.1-18. Criminal penalties  Payment of restoration costs. (a) Unless otherwise specified, any person who shall refuse to obey or who shall knowingly violate, or reasonably should know that he or she is violating, the provisions of an order issued by the director under the provisions of this chapter or any rules or regulations promulgated pursuant to this chapter, or who shall cause the refusal or violation, shall be guilty of a felony.  (b) Any person who shall tamper with, destroy, or in any other way detrimentally affect a well which has been installed by any person pursuant to an order or rules and regulations issued by the department of environmental management or any other state agency, for the purpose of testing ground water contamination, shall be guilty of a felony.  (c) Disposal of hazardous wastes at landfills which cannot be located, designed, constructed, or operated to prevent the endangerment of all underground drinking water sources beyond the facility boundary; or the endangerment of an aquifer which has been designated by any federal or Rhode Island state agency as a sole source aquifer; or contamination by discharge by any surface or subsurface means causing a violation of any rule or regulation or standard of any federal or Rhode Island agency; or disposal of hazardous wastes at facilities other than hazardous waste disposal facilities permitted by the department of environmental management is prohibited, and any person who knowingly disposes, or who reasonably should know that he or she is disposing or causing the disposal of, hazardous wastes in Rhode Island at other than hazardous waste disposal facilities holding valid permits issued by the department of environmental management shall be deemed guilty of a felony.  (d) Operation of a hazardous waste disposal facility in Rhode Island without a valid permit issued by the department of environmental management is prohibited, and any person who knowingly operates a hazardous waste disposal facility in Rhode Island, or who reasonably should know that he or she is operating or causing the operation of this facility without a valid permit shall be guilty of a felony.  (e) Transportation of hazardous wastes in Rhode Island without a valid permit issued by the department of environmental management is prohibited, and any person who knowingly transports hazardous wastes in Rhode Island without a valid permit issued by the department of environmental management, or who reasonably should know that he or she is transporting or causing to be transported hazardous wastes without a permit, shall be guilty of a felony.  (f) Treatment of hazardous wastes in Rhode Island without a valid permit issued by the department of environmental management, or storage of hazardous wastes in Rhode Island without a valid permit issued by the department of environmental management is prohibited and any person who knowingly stores or treats hazardous wastes in Rhode Island without a valid permit issued by the department of environmental management, or other authorization of the department of environmental management, or who reasonably should know that he or she is storing or treating or causing to be treated or stored without a permit, shall be guilty of a felony.  (g) The transporting, causing to be transported, or accepting of hazardous waste for treatment, storage, or disposal from a transporter without a manifest required by the department of environmental management and completed in accordance with department of environmental management regulations is prohibited. Any person who transports, causes to be transported, or accepts hazardous waste for treatment, storage, or disposal and fails to prepare a manifest for the hazardous waste or knowingly alters or falsifies the information on the manifest shall be deemed guilty of a felony.  (h) Any person who knowingly makes a false statement, representation, or certification in any application, record, report, plan, permit, or other document filed, maintained, and used for the purposes of program compliance under this chapter shall be deemed guilty of a felony.  (i) Any person who violates any provision of this section shall be punished by imprisonment for not more than five (5) years or by a fine of not more than twenty-five thousand dollars ($25,000) or both. In the case of a continuing violation, each days continuance of the violation shall be a separate and distinct offense.  (j) In addition to the provisions of this section, after a judgment of conviction and hearing in accordance with  23-19.1-18.1, the court may order the defendant to pay the cost of restoring to its original state the area where hazardous wastes were unlawfully stored, treated, or disposed.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-18; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-18; P.L. 1979, ch. 265,  1; P.L. 1980, ch. 255,  4; P.L. 1982, ch. 337,  1; P.L. 1983, ch. 69,  1; P.L. 1984, ch. 283,  1; P.L. 1984, ch. 330,  1; P.L. 1985, ch. 298,  1; P.L. 1989, ch. 542,  50; P.L. 2007, ch. 187,  1; P.L. 2007, ch. 213,  1. 
 23-19.1-19. Interstate cooperation. The Rhode Island general assembly encourages cooperative activities by the department with other states for the improved management of hazardous wastes; for improved, and so far as is practicable, uniform state laws relating to hazardous waste management; and compacts between this and other states for the improved management of hazardous wastes.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-19; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-19. 
 23-19.1-2. Legislative findings. The general assembly recognizes and declares that: (1) Continuing technological progress, increases in the amounts of manufacture, and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous wastes;  (2) The environment and the public health and safety are threatened where hazardous wastes are not managed in an environmentally sound manner;  (3) Any threat to the environment from the effects of the improper, inadequate, or unsound management of hazardous wastes also poses a threat to the public health and safety, since hazardous wastes that enter the environment may be carried by water, land, or air to human beings;  (4) The long term health effects of hazardous wastes are uncertain; and  (5) The problem of managing hazardous wastes has become a matter of statewide concern, but actions taken up to this time fall short of necessary regulation of hazardous waste management.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-2. 
 23-19.1-20. Liberal construction  Severability. The provisions of this chapter shall be interpreted and construed liberally in aid of its declared purpose. If any provision of this chapter, or of any rule or regulation issued under this chapter, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule or regulation shall not be affected by the invalidity. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-20; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-20. 
 23-19.1-21. Applicability of chapter  No effect on public utilities and carriers. Nothing in this chapter shall be construed as affecting or in any way invalidating any existing regulatory jurisdiction and authority pursuant to title 39, as amended, of the public utilities commission and the division of public utilities and carriers over motor vehicles, railroads, or other modes of transportation, or over the use, storage, and transportation of liquefied natural gas, as the term is defined in  39-1-2, or any other existing regulatory jurisdiction and authority as set forth in any other statute of the general laws of the state.  History of Section.P.L. 1978, ch. 229,  7; G.L. 1956,  23-46.2-21; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-21; P.L. 2008, ch. 475,  57. 
 23-19.1-22. Liability for unauthorized transportation, storage, or disposal. (a) Any person who shall violate the provisions of this chapter through the transportation, storage, or disposal of hazardous wastes in a manner or location not authorized by this chapter or the rules and regulations promulgated pursuant to this chapter, or who shall have caused the unauthorized transportation, storage, or disposal of hazardous wastes shall be absolutely liable for the cost of containment, cleanup, restoration, and removal of the hazardous wastes, and for all damages, losses, or injuries, including environmental, which result directly or indirectly from the discharge.  (b) Proceedings brought pursuant to this section shall be instituted by filing a complaint in the superior court.  (c) The state, by and through the department of environmental management, is the trustee of the air, water, fish, and wildlife of the state. An action brought pursuant to the provisions of this chapter with respect to environmental damage may be brought by the attorney general or the director of the department of environmental management in the name of the state as trustee for those natural resources.  (d) The court may award treble the amount of the costs, damages, losses, or injuries whenever it finds that a person has stored, disposed, or transported hazardous wastes in violation of this chapter or the rules and regulations promulgated pursuant to this chapter in a willful and knowing manner.  History of Section.P.L. 1979, ch. 265,  2; P.L. 1984, ch. 403,  1. 
 23-19.1-23. Environmental response fund. There is established a separate fund within the general fund to be called the environmental response fund which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. The fund shall consist of any sums as the state may appropriate, or sums recovered by any action brought under the authority of this chapter or chapter 18.9 and are appropriated to the director for the following purposes:  (1) Initial response activities. These activities shall include, but not be limited to, record analysis, site visits, and producing remedial and investigatory reports.  (2) Site evaluation activities. These activities shall include, but not be limited to, site mapping, installation of wells and equipment, collection, monitoring, and analysis of samples of air, soil, and/or water, production of reports and implementation and maintenance of necessary technology, and equipment for complete remedial action.  (3) Emergency response action. These activities shall include, but not be limited to, waste disposal or spill response, analysis, containment, and cleanup, temporary resident relocation during the emergency response activities.  (4) State remedial response action. These activities shall include, but not be limited to, removal of contamination or waste installation of a temporary water supply ground water treatment and site closure.  (5) Additional activities. These activities shall include, but not be limited to, professional training for employees, public information, and education.  (6) Enforcement and personnel activities. These funds may also be used to support activities related to enforcement of the provisions of this chapter, legal activities to enforce the provisions of this chapter and secure contributions from culpable parties, and ancillary services, personnel, or equipment to support the activities enumerated in this section.  History of Section.P.L. 1984, ch. 403,  2; P.L. 1985, ch. 298,  1; P.L. 1990, ch. 148,  2. 
 23-19.1-24. Administration of the fund. The department of environmental management shall prepare and adopt rules and regulations and establish procedures consistent with the purposes of  23-19.1-23.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-25. Bonds authorized  Maturity  Certification and execution. (a) The general treasurer is authorized and empowered, with the approval of the governor and in accordance with the provisions of this chapter, to issue bonds in the name and behalf of the state and in any amounts as may be specified in an amount not to exceed five million dollars ($5,000,000) by the governor to be designated as environmental response fund of 1984. The bonds shall be in denominations of one thousand dollars ($1,000) each or multiples of this amount, and shall be payable in any coin or currency of the United States which, at the time of payment, shall be legal tender for public or private debts. The bonds shall bear any date or dates, mature at any time or times not exceeding twenty (20) years from their respective date of issue, bear interest payable semiannually at any rate or different varying rates, be payable at any time or times, at any place or places, be subject to any terms of recall or redemption, with or without premium, be in any form with or without interest coupons attached carrying any registration, conversion, reconversion, transfer, debt requirement, acceleration, and other provisions as may be fixed by the general treasurer, with the approval of the governor, upon each issue of these bonds at the time of each issue.  (b) Whenever the governor shall approve the issuance of the bonds, the governor shall certify his or her approval to the secretary of state; the general treasurer shall countersign the bonds and affix the seal of the state. The approval of the governor shall be endorsed on each bond approved with a facsimile of the governors signature.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-26. Depositing bond proceeds in environmental response fund. The general treasurer is directed to deposit the proceeds of the sale of the bonds, including any premium or premiums and any accrued interest which may be received from the sale of these, in one or more of the depositories in which the funds of the state may be lawfully kept, in the account to be known as environmental response fund to be used for the purposes of  23-19.1-23.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-27. Temporary notes. (a) The general treasurer is authorized and empowered, with the approval of the governor, and in accordance with the provisions of this chapter, to borrow upon temporary notes issued in anticipation of the issuance of the bonds in the name and behalf of the state, sums of money for the purposes set forth in  23-19.1-23.  (b) The notes shall be signed by the general treasurer and countersigned by the secretary of state and shall be issued at any time or times, in any amounts, at any rates of interest, with any provisions of repayment, with or without premium, acceleration, and other terms as may be fixed by the general treasurer, with the approval of the governor.  (c) The notes may be issued for periods not exceeding two (2) years and may be refunded or renewed by the issue of other notes for periods not exceeding two (2) years, but the notes, including all refundings and renewals of these, shall bear maturity dates not later than five (5) years from the date of each original issue. The total sum of the terms of the notes plus the term of the bonds, which the issuance of the notes anticipate, shall not exceed twenty-five (25) years in duration.  (d) The proceeds of the sale of the notes, inclusive of any premiums and any accrued interest which may be received from the sale of these, shall be applied to the purposes for which the notes are issued, and shall be deposited by the general treasurer in the account described in  23-19.1-26.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-28. Advances from general fund in anticipation of the issue of notes or bonds. The general treasurer is authorized, with the approval of the governor, in the anticipation of the issue of notes or bonds under the authority of this chapter, to advance to the fund, to be used for the purposes specified in  23-19.1-23, any funds of the state not specifically held for any purpose; provided, that all the advances shall be returned to the general fund forthwith upon the receipt by the fund of proceeds from the issue of notes or bonds.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-29. Bonds and notes tax exempt general obligation of state. All bonds and notes issued under the authority of this chapter shall be exempt from taxation in the state and shall be general obligations of the state, and the full faith and credit of the state is pledged for the due payment of the principal and the interest on the bonds and notes as the bonds and notes become due.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-3. Declaration of purpose. The purposes of this chapter shall be: (1) To protect the environment and the public health and safety from the effects of the improper, inadequate, or unsound management of hazardous wastes;  (2) To establish a program of regulation over the storage, transportation, treatment, and disposal of hazardous wastes, without interrupting current regulation of industrial waste disposal;  (3) To encourage the development and utilization of industrial processes which generate smaller amounts of hazardous wastes and to encourage recovery and recycling of wastes; and  (4) To assure the safe and adequate management of hazardous wastes within Rhode Island.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-3. 
 23-19.1-30. Terms and conditions of sales  Applications of premiums and accrued interest  Validity not affected by change in office. (a) Any bond or note issued under the authority of this chapter shall be sold at not less than the principal amount of these bonds on any terms and conditions as the general treasurer, with the approval of the governor, shall be deemed to be for the best interest of the state. The purchaser of the bonds or notes shall pay accrued interest to the date of delivery of the bonds or notes.  (b) These premiums or accrued interest which may be received as the result of the sale of the bonds or notes shall be applied to the payment of debt service costs.  (c) Any bonds or notes issued under the provisions of this chapter and coupons on any bonds, if properly executed by the manual or facsimile signature of officers of the state in office on the date of execution, shall be valid and binding according to their tenor, notwithstanding that before their delivery and payment for them, any or all the officers shall for any reason have ceased to hold office.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-31. Investment of receipts pending expenditures. All moneys in the fund not immediately required for payment pursuant to the provisions of this chapter may be invested by the state investment commission, as established by chapter 10 of title 35, pursuant to the provisions of chapter 10 of title 35; provided, that the securities in which the fund is invested shall remain a part of the funds as shall other securities for which these may from time to time, pursuant to the chapter, be exchanged and; provided, that the income from the investment shall become part of the fund, and shall be used to the extent possible to pay debt service costs.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-32. Amortization. For the purpose of paying any expenses incurred by the general treasurer in the issuance of the bonds or notes under the authority of this chapter and any interest and any principal becoming payable on the bonds or notes issued under the authority of this chapter and then outstanding, the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the expenses, interest, and principal out of the fund. In the event that the amount available in the fund is not sufficient for this purpose, a sum sufficient is annually appropriated out of any money in the treasury not otherwise appropriated for the payment of the expenses, interest, and principal.  History of Section.P.L. 1984, ch. 403,  2. 
 23-19.1-33. Notice of hazardous waste disposal violation. Whenever the director issues a notice of violation and order pursuant to this chapter that disposal of hazardous waste has occurred onto or into real property or in any landfill not permitted under the provisions of this chapter, the director shall cause the notice or a summary of the substance of the notice to be sent to the chief executive officer of the city or town and president of the city or town council and to be filed in the land evidence records of the city or town where the real property or landfill is located with respect to the real property or landfill, stating the substance and findings of the directors determination. When the notice of violation and order has been complied with or vacated, the director shall file a notice rescinding the notice of violation and order in the land evidence records with respect to the real property or landfill.  History of Section.P.L. 1986, ch. 165,  1; P.L. 1991, ch. 215,  1. 
 23-19.1-34. Hazardous waste haulers  Drivers license and certificate required. No driver shall operate a vehicle hauling hazardous waste as defined in this chapter, unless the driver possesses a valid license of the appropriate class and a hazardous waste drivers certificate issued by the department of environmental management. Applicants for the certificate shall present evidence to the department of environmental management that they have successfully completed the hazardous waste material hauler driver training course developed by the department of environmental management and conducted by the employer, holder of the transporters permit pursuant to  23-19.1-10. The course shall specifically include training in transfer, handling, and spillage of hazardous waste materials, before a certificate may be issued. Certificates shall be issued only to applicants qualified by examinations prescribed and conducted by the employer or holders of the transporters permits. The employer or holder of the transporters permit shall certify to the director of the department of environmental management that the driver/applicant has successfully completed the course and test.  History of Section.P.L. 1987, ch. 602,  1. 
 23-19.1-35. Denial or revocation of hazardous waste material drivers certificate. (a) The department of environmental management shall deny any application for the issuance of a hazardous waste materials drivers certificate made by an applicant who has been convicted, within the last three (3) years preceding the applicants application for the certificate, of any violation involving driving while under the influence of intoxicating liquor or drugs, or both, or reckless driving, or the applicants driving privilege is, or has been, under suspension, revocation, or probation by the division for a cause involving unsafe operation of a motor vehicle.  (b) The department of environmental management shall revoke the hazardous waste materials drivers certificate of any holder, who, after issuance of the certificate, is convicted of any violation of driving under the influence of intoxicating liquor, or drugs, or both, or reckless driving, or who has had the driving privilege suspended or revoked by the division of motor vehicles for a cause involving the unsafe operation of a motor vehicle, or is found by the division to be a negligent operator.  (c) The department of environmental management may revoke the hazardous waste materials drivers certificate of any holder for any cause, whether existing before or after the issuance of the certificate, which would either authorize or require the department of environmental management to refuse to issue a certificate.  (d) The division of motor vehicles shall provide records to the department of environmental management pursuant to the requirements of this chapter.  History of Section.P.L. 1987, ch. 602,  1. 
 23-19.1-36. Suspension of transporters permit upon violation of  23-19.1-33. Violation of  23-19.1-33 shall cause the suspension of the transporters permit issued pursuant to  23-19.1-10, until the time as the employer or holder of the transporters permit shall provide the department of environmental management with evidence of certification of the driver/applicant.  History of Section.P.L. 1987, ch. 602,  1. 
 23-19.1-4. Definitions. When used in this chapter: (1) Department means the department of environmental management;  (2) Director means the director of the department of environmental management or the directors designee;  (3) Disposal means the discharge, deposit, injection, dumping, spilling, leaking, abandoning, or placing of any hazardous waste in, on, into or onto any land, other surface, or building, or into any water, stormwater system, or sewer system;  (4)(i) Hazardous waste means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:  (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or  (B) Pose a substantial present or potential hazard to human health or the environment.  (ii) These wastes include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction. In addition, these wastes include industrial waste as the term is used elsewhere, unless the context shall clearly indicate otherwise.  (5) Hazardous waste generation means the act or process of producing hazardous waste;  (6) Hazardous waste management means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes;  (7) Hazardous waste management facility means a facility, excluding vehicles, for collection, source separation, storage, processing, treatment, recovery, or disposal of hazardous wastes, or a transfer station for hazardous waste, and may include a facility at which such activities occur and where waste has been generated;  (8) Landfill means any disposal facility or part of a facility where hazardous waste is placed in or on land;  (9) Manifest means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage;  (10) Person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body;  (11) Storage means the actual or intended containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous waste;  (12) Transfer station means an intermediate point in the transport of hazardous wastes where the wastes are brought, stored, and transferred to vehicles for movement to other intermediate points or to the point of ultimate storage or disposal;  (13) Transport means the movement of wastes from the point of generation to any intermediate points, and finally to the point of ultimate storage or disposal;  (14) Treatment means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of any hazardous waste as to neutralize the waste or so as to render the waste less hazardous, nonhazardous, safer to transport, amenable to storage, or reduced in volume, except any method or technique that may be included as part of the manufacturing process at the point of generation.  History of Section.P.L. 1978, ch. 299,  1; G.L. 1956,  23-46.2-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-4; P.L. 1981, ch. 154,  1; P.L. 1984, ch. 330,  1; P.L. 1986, ch. 153,  1. 
 23-19.1-5. Applicability of chapter. (a) Nothing in this chapter shall be construed to apply to any discharge which is authorized by a NPDES (national pollutant discharge elimination system) permit under the Federal Water Pollution Control Act, 33 U.S.C.  1251 et seq., or which is authorized under chapter 12 of title 46.  (b) This chapter shall not apply to any activity or substance which is subject to the Atomic Energy Act of 1954, 42 U.S.C.  2011 et seq., except to the extent that the application or regulation is consistent with and does not exceed the requirements of the Atomic Energy Act or other federal laws or regulations relating to radioactive materials or substance.  (c) With respect to the appropriate provisions of pertinent federal and state statutes regarding air, land, and water resources, the director shall integrate all provisions of this chapter for purposes of administration and enforcement and shall avoid duplication to the maximum extent practicable. The integration shall be effected only to the extent that it can be done in a manner consistent with the goals and policies expressed in this chapter and in other acts pertaining to air, land, and water resources.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-5. 
 23-19.1-6. Powers and duties of the director. (a) The director shall adopt any plans, rules, regulations, procedures, and standards as may be necessary to ensure proper, adequate, and sound hazardous waste management and to protect the health and safety of the public, and the environment from the effects of improper hazardous waste management. The plans, rules, regulations, procedures, and standards shall be developed by the director with input and review by the affected persons and agencies including the statewide planning program, the health department, and representative of the generator, transport, and disposal industry as well as an environmental representative. The rules, regulations, procedures, and standards as adopted by the director shall, to the maximum extent practical, be compatible with the rules, regulations, procedures, and standards promulgated by the U.S. environmental protection agency pursuant to  3001-3006 of the Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C.  6901 et seq.  (b) The director is authorized to exercise all powers, direct and incidental, necessary to carry out the purposes of this chapter, assure that the state complies with any federal hazardous waste management act and retains maximum control under it, and receives all desired federal grants, aid, and other benefits.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-6; P.L. 1979, ch. 265,  1. 
 23-19.1-7. Manifest required. It shall be unlawful for any person to transport hazardous wastes or to receive hazardous wastes from any person within the state without a manifest prepared and maintained in conformity with any requirements that the director by regulation may adopt.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-7. 
 23-19.1-8. Records  Reports  Monitoring. It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes within the state of without complying with any requirements that the director by regulation may prescribe for:  (1) The establishment of records;  (2) The making of reports, the taking of samples, and the performing of tests, or analyses;  (3) The installing, calibrating, using, and maintaining of monitoring equipment, or methods; and  (4) The providing of any other information that may be necessary to achieve the purposes of this chapter.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-8. 
 23-19.1-9. Generation of wastes. It shall be unlawful for any person to generate hazardous wastes within the state without complying with any requirements that the director by regulation may prescribe with respect to the manifest system, and for the containerization and labeling of the hazardous wastes.  History of Section.P.L. 1978, ch. 229,  1; G.L. 1956,  23-46.2-9; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.1-9. 
 23-19.10-1. Short title. This chapter shall be known and may be cited as the Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-10. Research grants. (a) The department may issue grants to, and enter into contracts with, universities, governmental agencies, and private organizations to research and develop hazardous waste reduction, recycling, or treatment technology.  (b) These grants may be applied to personnel, equipment, and administrative costs and shall, to the extent possible, be used to augment other sources of research and development funding, including federal and private funds.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-11. Report to the governor and the general assembly. (a) The department shall annually report to the governor and the general assembly on the status, funding, and results of all demonstration and research projects awarded grants.  (b) This report shall include recommendations for legislation and shall identify those state and federal economic and financial incentives which can best accelerate and maximize the research, development, and demonstration of hazardous waste reduction, recycling, and treatment technologies.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-2. Legislative findings, policy, and intent. It is found and declared that: (1) Whenever possible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recycled, treated, or disposed of in a manner that minimizes any present or future threats to human health or the environment;  (2) There exist many promising, but as yet unproved, technologies for the reduced generation of hazardous waste and for recycling and treating hazardous waste;  (3) Financial commitments by public agencies and private industry for the expeditious development and dispersion of hazardous waste reduction, recycling, and treatment technologies depends upon further research as well as credible and timely demonstrations of the feasibility, environmental acceptability, and reliability of this technology;  (4) It is the intent of the general assembly, in enacting this chapter, to promote the research, development, and expeditious demonstration of technologies that have the potential to reduce, recycle, and treat hazardous waste. It is further the intent of the general assembly to encourage private sector participation in this program to the greatest extent possible.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-3. Definitions. For purposes of this chapter: (1) Department means the department of environmental management.  (2) Hazardous waste reduction, recycling, and treatment technologies mean technologies and techniques that have, as their primary purpose, the reduced generation of hazardous waste, the recycling of hazardous waste, or the conversion of hazardous waste into a less hazardous form. Hazardous waste reduction, recycling, and treatment technologies do not include solidification or treatment occurring directly in, or on, the land, such as techniques using evaporation, surface impoundments, or land farming.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-4. Repealed.
 23-19.10-5. Reporting requirements. Every generator of hazardous waste shall submit a report to the department, at least once every two (2) years, reporting the changes in volume and toxicity of waste achieved through waste reduction during the period for which the report is issued.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-6. Demonstration program. The department shall establish a hazardous waste technology, research, development, and demonstration program, which would consist of both of the following elements:  (1) Contracting with, and providing grants to, universities, governmental agencies, and private organizations for the research and development of hazardous waste reduction, recycling, or treatment technologies pursuant to  23-19.10-8.  (2) Providing grants, under specified conditions, to cities, towns, and private organizations for the commercial demonstration of hazardous waste reduction, recycling, or treatment technologies pursuant to  23-19.10-7.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-7. Criteria for demonstration projects. The department shall do all of the following: (1) Implement a program to research, develop, and demonstrate hazardous waste reduction, recycling, and treatment technologies at appropriate locations throughout the state.  (2) In consultation with industry and interested parties, adopt criteria for selecting projects that would receive grants to pay for the construction of equipment which would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. The criteria shall include provisions which require that, in assessing each project, the department consider the feasibility of the projects particular technology, the research and technical spin-offs likely to be generated by the project, the degree to which the findings of the projects can be disseminated and evaluated for replication elsewhere, and the consistency of, and contributions of, the project to the states hazardous waste management program.  (3) Using the criteria adopted pursuant to subsection (b), select projects to receive grants to construct equipment that would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. The department shall select projects that also meet at least one of the following requirements:  (i) The project has on-site, as well as off-site potential, for the reduction, recycling, or treatment of hazardous waste.  (ii) The project has the potential to benefit, or be utilized by, small businesses.  (iii) The project is applicable to a range of industries.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-8. Department contracts for services  Construction grant program. The department may: (1) Contract for services to be performed to carry out this chapter, including, but not limited to, environmental control assessment, feasibility analysis, the review of project design, field management responsibilities, and project scheduling and control.  (2) Grant funding for equipment construction needed for demonstration of hazardous waste reduction, recycling, and treatment technologies shall be provided to projects selected pursuant to  23-19.10-7 in four (4) consecutive steps:  (i) Step I grants shall be made to study the feasibility of a proposed project. Ninety percent (90%) of the costs of the feasibility study shall be eligible for grant funding up to a maximum of forty thousand dollars ($40,000) per grant. In activities funded by a Step I grant, the applicant shall develop information needed to select the waste reduction, recycling, or treatment alternative, which would be most cost effective.  (ii) Step II grants shall be made for project design. Seventy percent (70%) of the costs of the design of the project shall be eligible for grant funding, except that a small business may be eligible for ninety percent (90%) of those costs up to a maximum of seventy-five thousand dollars ($75,000) per grant. In activities funded by a Step II grant, the applicant shall prepare detailed plans and specifications for the selected facilities, establish schedules for implementation, and obtain necessary permits.  (iii) Step III grants shall be made for the construction of the facilities. Fifty percent (50%) of the costs of constructing the project shall be eligible for grant funding, except that a small business may be eligible for ninety percent (90%) of those costs, up to a maximum of two hundred fifty thousand dollars ($250,000) per grant. As a condition of receiving a Step III grant, the grantee shall allow the results of the project to be evaluated and the information disseminated to other parties. In activities funded by a Step III grant, the applicant shall construct the facilities as designed under a Step II grant, procure needed equipment, and obtain necessary permits to operate the facility.  (iv) Step IV grants shall be made to evaluate the effectiveness of grant-funded facilities, develop information on compliance with regulatory permits, and assess applicability of the selected approach to other generators of similar hazardous wastes. Ninety percent (90%) of the costs of those activities shall be eligible for grant funding, except that a small business may be eligible for one hundred percent (100%) of those costs, up to a maximum of fifty thousand dollars ($50,000) per grant.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.10-9. Evaluation of projects. The department shall compile the results of all evaluations of projects funded by Step IV grants, or the evaluations of any other projects which are available to the department, and shall make them available to interested parties as expeditiously as possible. The department shall notify any interested party of the availability of project evaluations.  History of Section.P.L. 1986, ch. 399,  1. 
 23-19.11-1. Policy and purpose. The state recognizes that the congress has declared that each state is responsible for providing for the availability of capacity either within or outside its borders, for the disposal of low-level radioactive waste generated within its borders, except for those wastes which remain a federal responsibility as defined in the Low-Level Radioactive Waste Policy Act, 42 U.S.C.  2021(b) et seq., or federal research and development activities. The state recognizes that the long term safe and effective management of low-level radioactive waste generated within the state requires that sufficient capacity to manage low-level radioactive waste be provided. In order to promote public health and safety in the state, it is the policy of the state to enter into a contract with a compact commission of a region in which a regional disposal facility is located to provide for the disposal of all low-level radioactive waste generated in the state, as provided under 42 U.S.C.  2021(e)(1)(f). The state is required to compensate the compact commission of a region in which a regional disposal facility is located that will provide for the disposal of all low-level radioactive waste generated within the state. Therefore, Rhode Island as a service to its low-level radioactive waste generators, will provide access to a disposal facility with sufficient capacity for their needs and the generators of low-level radioactive waste will reimburse the state for providing this service as long as an agreement exists and is in compliance as defined by the Low-Level Radiation Waste Policy Act.  History of Section.P.L. 1988, ch. 453,  1. 
 23-19.11-2. Generators defined. Generators means persons who produce or treat low-level radioactive waste in the state, but do not include persons who only provide a service arranging for collection, transportation, treatment, storage, or disposal of low-level radioactive waste generated outside the region.  History of Section.P.L. 1988, ch. 453,  1. 
 23-19.11-3. Repealed.
 23-19.11-4. Fees. All generators of low level radioactive waste will deposit as general revenues a fee equivalent to that which has been stated in the compact agreement of the state of Rhode Island and a compact commission of a region in which a regional disposal facility is located to provide for Rhode Islands low-level radioactive waste generated. This fee will be no more than the penalty surcharge as specified in the Low-Level Radioactive Waste Policy Act of 1988, 42 U.S.C.  2021(b), and will be based on the cubic feet of low-level radioactive waste deposited in an approved low level radioactive waste disposal facility. Fees will be paid within thirty (30) days of shipment of any low level radioactive waste materials for disposal of in a low level radioactive waste disposal facility.  History of Section.P.L. 1988, ch. 453,  1; P.L. 1995, ch. 370, art. 40,  66. 
 23-19.12-1. Legislative findings. (a) The general assembly finds and declares that the health and welfare of the citizens of the state require regulation of persons and legal entities engaged in the generation, transportation, storage, treatment and disposal of regulated medical waste.  (b) The general assembly finds that the public is concerned over human health risks, environmental problems at Rhode Island shoreline areas, and economic losses caused by improper management and disposal of medical waste and that the public perceives these situations to be unacceptable. Therefore, the general assembly finds there is a need to more closely regulate medical waste and to provide additional enforcement vehicles as well as greater penalties for the improper handling of medical waste.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-10. License. (a) No person or legal entity shall engage in the storage, treatment and/or destruction of regulated medical waste unless that person or legal entity has received a license issued by the director of the department of environmental management. This license is a special category of license issued to solid waste management facilities.  (b) However, storage by a generator before regulated medical waste is treated and/or destroyed on-site, or offered for transport does not constitute a practice requiring licensure under this section. Nor does the treatment and/or destruction of regulated medical waste by the generator of that waste constitute a practice requiring licensure under this section if the treatment and/or destruction is carried out at a generating facility owned and operated by the generator of the medical waste and if the treatment and/or destruction process does not include waste generated by any other person or legal entity.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-11. Application for license. Application for a license shall be made to the director of the department of environmental management upon a form prescribed by the director. Upon approval of the application by the director, a license shall be issued. Licenses shall expire three (3) years from the date of issue, unless sooner if suspended or revoked. The director of the department of environmental management is empowered to charge an annual application fee consistent with the fees charged for other solid waste licenses under the authority of  23-18.9-9.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-12. Registration for generators. (a) No person or legal entity shall engage in the generation of regulated medical waste unless that person or legal entity has registered with the director of the department of environmental management upon a form prescribed by the director. The director of the department of environmental management is empowered to charge an annual registration fee according to the following fee schedule. For the purpose of these registration requirements, a person is considered to be a single generator, even if it utilizes more than one site in the course of its operation.         Generator Waste Generated   Annual Registration   Category Per Generator Per Year Fee      1 Less than 25 lbs.   $30 per generator   2 25 lbs. to 100 lbs.   $40 per generator   3 101 lbs. to 500 lbs.   $60 per generator   4 501 lbs. to 2,000 lbs.   $160 per generator   5 more than 2,000 lbs.   $200 per generator    (b) The director will provide generators with registration applications upon request.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-13. Denial or revoking of licenses. The director of the department of environmental management may deny an application for a license, or suspend or revoke a license after it has been granted, or refuse to renew a license for any of the following reasons:  (1) Proof of unfitness of the applicant or licensee to engage in the business;  (2) A material misstatement by the applicant or licensee in his or her application for a license or renewal;  (3) Failure of the applicant or licensee to comply with the provisions of this chapter or with any rule or regulation promulgated pursuant to this chapter;  (4) A history of noncompliance with environmental regulations or standards, or conviction of any environmental crime. This subdivision applies to: the applicant, and officers, major stock holders, or principals of the business for which the application is submitted or to which an existing license has been issued.  History of Section.P.L. 1992, ch. 497,  1; P.L. 2021, ch. 400,  22, effective July 13, 2021; P.L. 2021, ch. 401,  22, effective July 13, 2021. 
 23-19.12-14. Funding of the medical waste management program. All money collected under  23-19.12-12 and 23-19.12-15 shall be deposited as general revenues. The program will be funded by a general revenue appropriation. The director shall submit to the general assembly by January 15 of each year a detailed report of the amount of funds obtained from fines and fees and the uses made of the funds.  History of Section.P.L. 1992, ch. 497,  1; P.L. 1995, ch. 370, art. 40,  67. 
 23-19.12-15. Civil or administrative penalties. (a) Failure to comply with the provisions of this chapter or the rules, regulations, standards and procedures promulgated under the authority of this chapter shall be punishable by a civil or administrative penalty for an amount not to exceed five thousand dollars ($5,000). In the event of a continuing violation of the provisions of this chapter or the rules, regulations, procedures, or standards promulgated under the provisions of this chapter, each and every day of violation shall constitute a separate and distinct violation. Administrative penalties shall be assessed in conformance with and under the provisions of the administrative penalties for environmental violations  42-17.6 et seq. Civil penalties may be sought in any court of competent jurisdiction.  (b) Willful failure to comply with the provisions of this chapter or the rules, regulations, standards, and procedures promulgated under the authority of this chapter shall be punishable by a civil or administrative penalty for an amount not to exceed twenty-five thousand dollars ($25,000). In the event of a continuing violation of the provisions of this chapter or the rules, regulations, procedures, or standards promulgated under the provisions of this chapter, each and every day of violation shall constitute a separate and distinct violation. Administrative penalties shall be assessed in conformance with and under the provisions of the administrative penalties for environmental violations  42-17.6 et seq. Civil penalties may be sought in any court of competent jurisdiction.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-16. Financial liability relating to the generation, transportation, treatment, storage and disposal of regulated medical waste. As a result of a violation of the rules, regulations, standards, and procedures promulgated under the provisions of this chapter, the generator, transporter, treatment, storage, and disposal facility operator and owner shall be responsible for the disposal of regulated medical waste and any response costs incurred by the department in the investigation and/or remediation incurred, regardless of the provisions of this chapter or any other chapter relating to medical waste.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-17. Supersedes existing infectious waste regulations. The regulations promulgated to this chapter shall supersede the rules and regulations governing the management of infectious waste in health care facilities (R23-17-INF, R23-16.2INF) promulgated by the Rhode Island department of health.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-18. Delegation of authority to conduct inspections. The department of environmental management may enter into a cooperative agreement with the department of health for the department of health to conduct inspections of facilities where regulated medical waste is generated. The department of environmental management shall adequately compensate the department of health for conducting these inspections and for undertaking the administrative tasks associated with conducting these inspections.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-19. Severability. The provisions of this chapter are severable and if any provisions or part of any provision shall be held invalid or unconstitutional or inapplicable to any person or circumstances, that invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this chapter.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-2. Declaration of purpose. The purpose of this chapter is to ensure the public health and quality of the environment of the state by vesting in the department of environmental management the power necessary to regulate and license persons and other legal entities engaged in the generation, transportation, storage, treatment, management, and disposal of regulated medical waste.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-3. Definitions. The following words and phrases have the following meanings ascribed to them in this chapter unless the context clearly indicates otherwise:  (1) Body fluids means liquids emanating or derived from humans and limited to blood; cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; dialysate and amniotic fluids; and semen and vaginal secretions but excluding feces, urine, nasal secretions, sputum, sweat, tears, vomitus, saliva, and breast milk, unless any excluded substance contains visible blood or is isolation waste.  (2) Director means the director of the department of environmental management or his or her designee. The designee may be any employee of the department of environmental management or from the department of health.  (3) Disposal means the discharge, deposit, injection, dumping, spilling, leaking, abandoning, or placing of any regulated medical waste in, on, into, or onto any land, other surface, or building or vehicle, or trailer, or other containment structure, or into any water, watercourse, stormwater system, or sewer system.  (4) Generator means any person whose act or process produces regulated medical waste or whose act first causes a regulated medical waste to become subject to regulation. In the case where more than one person (e.g. doctors with separate medical practices) is located in the same building, each individual business entity is a separate generator. The universe of medical waste generators includes, but is not limited to, hospitals, physicians offices, dental offices, veterinary practices, funeral homes, research laboratories that perform health related analysis or services, nursing homes, and hospices.  (5) Medical waste tracking form means the form used for identifying the quantity, composition, and the origin, routing, and destination of regulated medical waste during its transportation from the facility of generation to the point of transfer, disposal, treatment, destruction, or storage.  (6) Person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, or any department, agency, or instrumentality of the United States.  (7)(i) Regulated medical waste means a special category of solid waste that includes specific types of medical waste subject to the handling and tracking requirements. Regulated medical wastes mixed with nonhazardous solid wastes are considered regulated medical wastes for the purposes of this chapter.  (ii) A regulated medical waste is any waste, as defined in this subdivision (7), generated in the diagnosis (including testing and laboratory analysis), treatment, (e.g., provision of medical services), or immunization of human beings or animals, in research pertaining thereto, or in the preparation of human remains for burial or cremation, or in the production or testing of biologicals, or in the development of pharmaceuticals, that is listed in this section but is not excluded or exempted in subdivision (7)(iv) of this section. Regulated medical waste becomes subject to the regulations in this chapter at the time and in the location that the materials become waste.  (iii) The following categories of medical wastes are regulated medical waste:  (A) Cultures and stocks. Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.  (B) Pathological wastes. Human pathological wastes, including tissues, organs, and body parts that are removed during surgery or autopsy, or other medical procedures.  (C) Human blood, blood products and body fluids. (I) Liquid waste human blood or body fluids;  (II) Products of blood;  (III) Items saturated and/or dripping with human blood;  (IV) Items that were saturated and/or dripping with human blood that are caked with dried human blood; including, but not limited to, serum, plasma, and other blood components and their containers; or  (V) Specimens of body fluids and their containers.  (D) Sharps. Sharps that have been used in animal or human patient care or treatment (including sharps generated from the preparation of human and animal remains for burial or cremation), or in medical, research, or industrial laboratories, including, but not limited to, hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, glass carpules, and glass culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that has been used in animal or human patient care or treatment, such as used slides and cover slips.  (E) Animal waste. Contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research, (including research in veterinary hospitals), production of biologicals, or testing of pharmaceuticals.  (F) Isolation wastes. Biological waste and discarded materials contaminated with blood, excretion, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases. These diseases include:       INFECTIOUS AGENT DISEASE           Variola minor Alastrim         Variola major Smallpox         Monkey pox Human Monkeypox         White pox Crimean hemorrhagic  fever virus  Crimean hemorrhagic fever         Junin virus Argentine hemorrhagic fever         Machupo virus Bolivian hemorrhagic fever         Herpes virus simiae (Monkey B) Oncogenic in primates         Lassa virus Lassa fever         Marburg virus Marburg virus disease         Russian spring-summer Russian spring-summer    encephalitis virus encephalitis          Kyasanur forest disease virus Kyasanur forest disease         Omsk hemorrhagic fever virus Omsk hemorrhagic fever         Central European Central European    encephalitis virus encephalitis          Venezuelan equine encephalitis  virus  Venezuelan equine encephalitis          Yellow fever virus Yellow fever         Ebola virus Ebola virus disease         Absettarov virus Tick-borne encephalitis         Hanzalova virus Tick-borne encephalitis         Hypr virus Tick-borne encephalitis         Kumlinge virus Tick-borne encephalitis    (G) Any other diseases identified as Biosafety Level 4 etiologic agents by the Center for Disease Control.  (H) The following diseases are included in the list of highly communicable diseases associated with animals. Unless otherwise noted by an asterisk, these diseases are part of the National Notifiable Disease Surveillances System list:  Anthrax Botulism Brucellosis Eastern Equine Encephalitis Leptospirosis Lyme Disease Plague Psittacosis (Chlamydiosis) Rabies Salmonellosis Trichinosis Tuberculosis Tularemia *Cat-Scratch Fever Disease *Ebola Virus *Ehrlichia canis *Encephalomyocarditis *Monkey B-Virus *Monkey Marburg Virus *Poxvirus *Q Fever *Rocky Mountain Spotted Fever *Vesicular Stomatitis (I) Unused sharps. Unused discarded sharps, including hypodermic needles, suture needles, syringes, and scalpel blades.  (J) Spill/cleanup material. Any material collected during or resulting from the cleanup of a spill of regulated medical waste.  (K) Mixtures. Any waste which is a mixture of regulated medical waste and some other type of waste which is neither radioactive nor a hazardous waste of a type other than regulated medical waste.  (iv) Exclusions and exemptions. The following categories of medical waste are specifically excluded from the definition of regulated medical waste:  (A) Hazardous waste identified or listed under DEM hazardous waste regulations promulgated under  23-19.1-6. Regulated medical waste that is mixed with hazardous waste shall be defined as hazardous waste and shall be regulated in accordance with DEM hazardous waste regulations.  (B) Household medical waste, limited to medical waste generated by individuals on the premises of a single-family home or single-family dwelling unit or by members of households residing in single and multiple residences, hotels, and motels which serve as a residence for individuals, provided the dwelling is not serving as a commercial or professional office where individuals who are not members of the family residing at the dwelling are receiving medical care by a health care professional.  (C) This exemption includes the wastes generated by health care providers in private homes where medical services are provided to individuals who reside there.  (D) Medical waste generated and disposed of with residential solid wastes from a single family residential premise or single-family dwelling unit shall be exempt from these regulations except where regulated medical waste is generated from commercial or professional offices.  (E) Incinerator ash and treatment/destruction residue. Regulated medical waste that has been both treated and destroyed is no longer regulated medical waste; this includes ash from the incineration of regulated medical waste (provided the ash meets the definition for treated regulated medical waste and destroyed regulated medical waste) and residues from wastes that have been both treated and destroyed (e.g., waste that has been subjected to decontamination and grinding, or chemical disinfection followed by grinding, or stream sterilization followed by shredding).  (F) Human remains, e.g., corpses and anatomical parts that are stored, transported, or otherwise managed for purposes of interment or cremation. However, regulated medical waste attached to, or within, a corpse is not exempt and must be removed and then managed as regulated medical waste.  (G) Etiologic agents that are being transported intrastate and/or interstate between facilities pursuant to regulations set by the U.S. department of transportation, the U.S. department of health and human services, and all other applicable shipping requirements.  (H) Enforcement samples, including samples of regulated medical waste obtained during enforcement procedures by authorized U.S. environmental protection agency personnel and the state of Rhode Island.  (8) Storage means the temporary holding of regulated medical wastes at a designated accumulation area before treatment, destruction, disposal, or transport to another location.  (9) Transport means the movement of regulated medical waste from the facility of generation to any intermediate points, and finally to the point of ultimate storage or disposal.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-4. Powers and duties of the director. The director shall under the provisions of this chapter have all powers necessary to promulgate any rules, regulations, procedures, and standards that may be necessary to ensure proper, adequate, and sound management of regulated medical waste and to protect the public health and the environment from the effects of improper management of regulated medical waste.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-5. Medical waste tracking form. (a) It shall be unlawful for any person or legal entity to transport regulated medical waste from any person or legal entity within the state without a medical waste tracking form prepared and maintained in conformity with any requirements that the director by regulation may adopt. Generators of small quantities of regulated medical waste are exempt from the requirement to use medical waste tracking forms if they generate less than fifty (50) pounds of regulated medical waste in a calendar month and:  (1) The regulated medical waste is transported to a health care facility, an intermediate handler, or a destination facility with which the generator has a written agreement to accept the regulated medical waste; or the generator is transporting the regulated medical waste from the original generation point to the generators place of business. Small quantity generators who transport regulated medical waste between satellite facilities must apply for a variance from the department of environmental management, division of air and hazardous materials, as per the rules and regulations for solid waste management facilities. Small quantity generators in the same building may share a common storage facility within the building (before the waste is transported off-site), without applying for a variance; and  (2) The regulated medical waste is transported by the generator, or an authorized employee, in a vehicle owned by the generator or authorized employee (NOTE: Owned vehicle means a vehicle which is owned by or registered to the generator or employee or is under lease by the generator or authorized employee for a minimum of thirty (30) days); and  (3) The generator shall compile a shipment log and maintain records as required in  23-19.12-6.  (4)(i) The generator submits semiannual reports to the director.  These reports shall include: (A) Name of generator (company name);  (B) Address of generator;  (C) Contact person;  (D) Telephone number;  (E) Generator type (hospital, laboratory, clinic, physician, veterinarian, long-term or residential health care facility, blood bank, mortician, other (specify type));  (F) Quantity (by weight) of treated and untreated regulated medical waste transported off-site, during the reporting period, for which a medical waste tracking form was not used;  (G) Name and address of facility to which medical waste was transported.  (ii) These reports shall be submitted to the director for the periods of January 1 to June 30 and July 1 to December 31 of each year.  (iii) These reports must be received by the director within forty-five (45) days of the end of the reporting period.  (b) Any generators transporting between satellite facilities are exempt from using the medical waste tracking form provided they meet all of the following conditions:  (1) The regulated medical waste is transported by the generator, or the generators authorized employee, in a vehicle owned by the generator or the employee; (NOTE: Owned vehicle means a vehicle which is owned by or registered to the generator or employee or is under lease by the generator or authorized employee for a minimum of thirty (30) days); and  (2) The regulated medical waste is brought to a central collection point or treatment facility owned or operated by the generator. Other generators (those who generate and transport or offer for transportation more than fifty (50) pounds of regulated medical waste in a calendar month) with multiple locations must apply for a license or variance from DEM, division of air and hazardous materials, as per and any applicable sections of the rules and regulations for solid waste management facilities; and  (3) The original generation point and the central collection point or treatment facility are located in the state of Rhode Island; and  (4) The generator compiles and maintains a shipment log at each generation point and each central collection and each central collection point as required by  23-19.12-6.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-6. Records. (a)(1) It shall be unlawful for any person or legal entity to generate, store, transport, treat, destroy, or dispose of regulated medical waste within the state without complying with any record keeping requirements of regulations established by the director in accordance with the provisions of this chapter.  (2) Except as provided in subsection (b) of this section, each generator shall keep a copy of each medical waste tracking form for at least three (3) years from the date the waste was accepted by the initial transporter.  (b) Generators that are exempt from using the medical waste tracking form as specified in  23-19.12-5 shall meet the following requirements:  (1) A shipment log shall be maintained at the original generation point for a period of three (3) years from the date the waste was shipped. The log shall contain the following information:  (i) Date of shipment;  (ii) Quantity (by weight) of regulated medical waste transported, by waste category (i.e., untreated and treated);  (iii) Address or location of central collection point;  (iv) Signature of generators employee who is transporting the waste, to signify delivery has been completed.  (2) A shipment log shall be maintained at each central collection point for a period of three (3) years from the date that regulated medical waste was accepted from each original generation point and shall contain the following information:  (i) Date of receipt;  (ii) Quantity (by weight) of regulated medical waste accepted, by waste category (i.e., untreated and treated);  (iii) Address or location of original generation point; and  (iv) Signature of generator or generators representative who operates the central collection point, to signify acceptance of the waste.  (c) Generators that are exempt from using the medical waste tracking form in  23-19.12-5 and do not voluntarily comply with the use of the tracking form are subject to the following record keeping requirements:  (1) Generators that use a transporter that hold a valid Rhode Island medical waste transporters permit shall maintain a log for a period of three (3) years from the date of shipment that contains the following information for each shipment or pickup;  (i) Transporters name and address;  (ii) Transporters state permit;  (iii) Quantity (by weight) of regulated medical waste transported, by waste category (i.e., untreated and treated);  (iv) Date of shipment; and  (v) The signature of the transporters representative accepting the regulated medical waste for transport.  (2) Generators that transport their own regulated medical waste to a health care facility or to a treatment, destruction, or disposal facility as specified in  23-19.12-5 shall compile and maintain a log for a period of three (3) years from the date of the last shipment entered into the log. The log shall contain the following information:  (i) Name and address of the intermediate handler, destination facility, or health care facility to which the generator has transported the shipment of regulated medical waste;  (ii) Quantity (by weight) of regulated medical waste transported, by waste category (i.e., untreated and treated);  (iii) Date of shipment; and  (iv) Signature of the generator or his authorized representative who transported the waste.  (3) Generators that transport regulated medical waste by the U.S. postal service or other courier service approved for the transport of regulated medical waste by appropriate federal and state agencies shall retain the original U.S. postal service receipt or courier service receipt and the return mail receipt and maintain a shipment log for a period of three (3) years from the date of shipment. The log shall contain the following information:  (i) Quantity (by weight) of regulated medical waste transported, by waste category (i.e., untreated and treated);  (ii) Date of shipment; and  (iii) Name and address of each intermediate handler or destination facility to which the generator has transported the regulated medical waste by the U.S. postal service or courier service.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-7. Inspections. In order to carry out the purposes of this chapter the director is authorized to conduct any inspections of facilities that he or she deems necessary or desirable, where regulated medical waste is generated, stored, treated, destroyed, transferred, or otherwise managed. The director is also authorized to conduct inspections of any vehicles used to transport regulated medical waste and any records required pursuant to the authority granted through this chapter.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-8. Permits. No person or legal entity shall engage in the transportation of regulated medical waste unless that person or legal entity has received a permit issued by the director of the department of environmental management. Exempt from this section are generators that transport regulated medical waste but are exempt under  23-19.12-5 from the requirement of initiating a medical waste tracking form.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.12-9. Application for permit. Application for a permit shall be made to the director of the department of environmental management upon a form prescribed by the director. Upon approval of the application by the director, a permit shall be issued. Permits shall expire three (3) years from the date of issue, unless sooner if suspended or revoked. The director of the department of environmental management is empowered to charge an annual application fee for a medical waste transporters permit.  History of Section.P.L. 1992, ch. 497,  1. 
 23-19.13-1. Gull control  Required. (a) Any person, firm, corporation or government entity engaging in waste operations shall adopt and implement a comprehensive Gull Control Program at each waste facility which they operate. However, the provisions of this section shall not apply to any waste facility that solely accepts waste that is non-edible for gulls. In order to achieve the most effective results the programs may utilize one or more of the following methods of control:  (1) Use of shellcrackers and other pyrotechnic devices;  (2) Use of plastic polymer line and/or nets;  (3) Use of visual and auditory devices; and  (4) Use of a non-toxic and biodegradable gull repellent.  (b) The program shall be submitted to and shall meet all standards as required by the department of environmental management, divisions of air and hazardous waste, solid waste, and water quality and with the advice and consent of the division of fish, wildlife and estuarine resources and shall be in compliance with the standards of the United States department of fish and wildlife service law enforcement division and with the advice and recommendations of the U.S. department of agriculture animal and plant health inspection service, animal damage control to develop a customized gull control management program.  (c) In order to obtain optimum results with respect to each program which shall be adopted and implemented pursuant to this section, the director of the department of environmental management, or his or her designee, is directed to perform an evaluation review of each waste facility at intervals not to exceed six (6) months from the date of the adoption and implementation of the program. To allow for this determination, each waste facility must provide the director of the department of environmental management with all relevant data required by the director that was accumulated within the six (6) month period.  History of Section.P.L. 1994, ch. 155,  1. 
 23-19.14-1. Legislative findings. It is recognized and acknowledged by the general assembly that: (1) In Rhode Island, there are hundreds of sites that have varying degrees of contamination from hazardous materials;  (2) The contamination is often an obstacle to redevelopment due to the liability relating to the sites;  (3) Clean up standards and objectives must be consistent with a sites current and reasonably expected future use;  (4) Financial institutions are often cautious or unwilling to lend to businesses that wish to expand at or relocate to sites that have or are feared to be contaminated;  (5) Rhode Islands urban corridor contains many sites that have been found by federal or state programs to be contaminated;  (6) The following cities and towns have numerous known sites: Cranston, East Providence, Johnston, North Smithfield, Pawtucket, Providence, Warwick, West Warwick, Woonsocket, and Central Falls. There are also many potential sites in these and other municipalities that may have been contaminated by historical industrial activities;  (7) [Deleted by P.L. 2002, ch. 186,  1.]  (8) Proper redevelopment and reuse of these properties would not only benefit the states economy and the employment of those who live in the urban corridor, but would also benefit the states environment; and  (9) The redevelopment and reuse of these impacted sites will control and remove the existing contamination and will reduce the artificial economic incentive to develop previously undisturbed natural resources.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2002, ch. 186,  1; P.L. 2013, ch. 296,  1. 
 23-19.14-10. Settlement authorities. (a) The state may, through June 30, 2007, enter into an agreement with any person to perform any response action if the state determines that that action will be done properly by the person. Whenever practicable and in the public interest as determined by the state, the state shall act to facilitate agreements under this section that are in the public interest and consistent with applicable laws and regulations in order to expedite effective remedial action and minimize litigation. The department of environmental management must be a party to any settlement agreement entered under the authority of the chapter. The department of environmental management shall not accept new proposals for settlement agreements after December 31, 2006; provided, however, that an amendment to a settlement agreement that was proposed prior to December 31, 2006, will not be considered a new settlement agreement.  (b) Whenever the state has entered into an agreement under this section, the liability to the state under this chapter of each party to the agreement including any future liability to the state, arising from the release or threatened release that is the subject of the agreement shall be limited as provided in the agreement pursuant to a covenant not to sue. The final covenant not to sue may, at the discretion of the state, be transferred to successors or assigns that are not otherwise found to be a responsible party under  23-19.14-6. The covenant not to sue may provide that future liability to the state of a settling party under the agreement may be limited to the same proportion as that established in the original settlement agreement.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2006, ch. 250,  1; P.L. 2006, ch. 275,  1. 
 23-19.14-11. Filing and public comment on settlement agreements. (a) The state shall provide, for settlement agreements that may be put into effect prior to July 1, 2007, an opportunity to persons who are not named as parties to the action to comment on the proposed agreement before its entry as a final judgment. Persons not named as parties to the action will have fourteen (14) days after the date of the notice of the proposed agreement to submit written comments. The state shall consider any written comments, views or allegations relating to the proposed agreement. The state may withdraw or withhold its consent to the proposed settlement if the comments, views, or allegations concerning the judgment disclose facts or considerations that indicate that the proposed judgment is inappropriate, improper or inadequate.  (b) The proposed agreement shall be considered final when all substantive public comments have been addressed.  (c) No later than thirty (30) days after a settlement agreement is deemed final, the agreement shall be filed with the administrative adjudication division of the department of environmental management and shall be deemed a final order of the director.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2006, ch. 250,  1; P.L. 2006, ch. 275,  1. 
 23-19.14-12. Protection from contribution actions. A party who is exempt from liability under  23-19.14-7, 23-19.14-8 or 23-19.14-10 of this chapter shall not be liable for claims for contribution regarding matters addressed in the letter of compliance or the settlement agreement or the remedied agreement.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2006, ch. 250,  1; P.L. 2006, ch. 275,  1. 
 23-19.14-13. Authority to recover costs. (a) The head of any department or state agency with authority to undertake a response action under this chapter may consider, compromise, and settle a claim for costs incurred by their department or agency.  (b) Cost recovery actions may include, upon recommendation by the economic development corporation, surrender of title to the site to the state to facilitate economic redevelopment and future beneficial re-use of the property.  (c) If a responsible party fails to pay a claim that has been settled under this subsection, the department or agency head may request the attorney general to bring a civil action or may sue in his or her own name to recover the amount of a claim, plus costs, attorneys fees, and interest from the date of the settlement. In the action, the terms of the settlement shall not be subject to review.  History of Section.P.L. 1995, ch. 187,  1. 
 23-19.14-14. Windfall liens. (a) At any site where there are unrecovered response cost and/or additional remedial actions required, the state may place a lien upon the site for the unrecovered costs or outstanding actions. The maximum amount of the windfall lien may not exceed the total of the unrecovered response costs incurred by the state plus interest calculated at the prime rate based on three (3) chartered financial institutions in Rhode Island at the time of the completion of construction of a remedial action. The liens:  (1) Shall not exceed the increase in fair market value for the site attributable to the response action or redevelopment activities, at the time of subsequent sale or other disposition of the site; and  (2) Shall continue until the satisfaction of the lien by recovery of all response costs incurred at the site and completion of construction of all outstanding remedial actions.  (b) The lien shall continue until the liability for the costs (or a judgment against the person arising out of the liability) is satisfied, or becomes unenforceable through operation of the statute of limitations.  (c) The state may, at its discretion, in lieu of the lien provided by this section, negotiate a stipulated judgment or other judicially enforceable consent decree and judgment for costs and damages for which any responsible party is liable to the state under this chapter.  History of Section.P.L. 1995, ch. 187,  1. 
 23-19.14-15. Notice and validity of liens. (a) Any lien imposed under the authority of this chapter shall be subject to the rights of any purchaser, holder of a security interest, or judgment lien creditor whose interest is perfected under applicable state law before notice of the lien has been filed in the appropriate office within the state or county or other governmental subdivision, as designated by any provision of law.  (b) Any purchaser, holder of a security interest, or judgment lien creditor shall be afforded the same protection against the lien imposed by this subsection as is afforded under state law against a judgment lien which arises out of a secured obligation, and which arises as of the time of the filing of the notice of the lien imposed by this chapter.  History of Section.P.L. 1995, ch. 187,  1. 
 23-19.14-16. Penalties for noncompliance. (a) Any responsible party who fails, without sufficient cause, to properly provide for removal or remedial action pursuant to a final order of the director of the department of environmental management may be liable to the state for punitive damages in an amount at least equal to, and not more than, three (3) times the amount of any costs incurred by the state as a result of the failure to take proper action, in addition to liability for any response costs incurred by the state as a result of the failure to take action. The state is authorized to commence a civil action against any person who fails to take proper action to recover the punitive damages, which shall be in addition to any costs recovered from that person.  (b) Any money received by the state pursuant to this chapter shall be deposited in the environmental response fund established pursuant to chapter 19.1 of this title.  (c)(1) In addition to being liable for punitive damages and response costs as set forth in subsection (a) above, any responsible party or person who fails to assess, to properly assess, to remediate, to properly remediate, to take any other action that may be required by the director pursuant to this chapter, or to comply with any provision of this chapter, or any rule, regulation or order issued pursuant to this chapter shall also be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). In a case of a continuing violation, each days continuance of the violation shall be a separate and distinct offense.  (2) All penalties assessed pursuant to this subsection shall be assessed in accordance with chapter 17.6 of title 42 and the rules and regulations of the department for the assessment of administrative penalties.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2009, ch. 64,  1; P.L. 2009, ch. 66,  1. 
 23-19.14-17. Subrogation of authorities. Nothing in this chapter shall be construed to prevent the state from subrogating its authority to pursue cost recovery or assess punitive damages as part of a settlement action.  History of Section.P.L. 1995, ch. 187,  1. 
 23-19.14-18. Powers and duties of the director. (a) The director of the department of environmental management is authorized to exercise all powers, direct and incidental, necessary to carry out the purposes of this chapter. The director of the department of environmental management may adopt any plans, rules, regulations, fees, procedures, and standards that may be necessary to meet the declared policies and requirements of this chapter and receives all desired federal grants, aid, and other benefits.  (b) Any rules or policies promulgated pursuant to this chapter shall, to the maximum extent practical, be compatible with the rules, regulations, procedures, and standards promulgated by the U.S. environmental protection agency pursuant to the comprehensive environmental response, compensation and liability act of 1980, 42 U.S.C.  9601 et seq. (CERCLA or Superfund) or other applicable federal or state statutes.  (c) The director may institute administrative or civil proceedings, or may request the attorney general to do the same, to enforce any provision of this chapter or any rule, regulation or order issued pursuant to this chapter.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2009, ch. 64,  1; P.L. 2009, ch. 66,  1. 
 23-19.14-19. Liberal construction  Severability. The provisions of this chapter shall be construed liberally to effectuate its purposes. If any provision of this chapter or of any rule, regulation, or determination made under this chapter, or the application thereof to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.  History of Section.P.L. 1995, ch. 187,  1. 
 23-19.14-2. Declaration of policy. It shall be the policy of this state to assure that: (1) Activities are taken to control and eliminate contamination at industrial properties that are fair, consistent, and compatible with the current and reasonably foreseeable future use of the property;  (2) Environmental barriers to economic redevelopment and beneficial reuse of contaminated properties are removed;  (3) Opportunities are available for businesses to realistically manage their environmental liabilities;  (4) Voluntary and cooperative clean-up actions are encouraged to the greatest extent possible; and  (5) Processes for environmental clean-up and liability relief are effective and efficient and minimize transaction costs to the extent reasonably feasible in order to facilitate appropriate reuse of contaminated properties.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2006, ch. 250,  1; P.L. 2006, ch. 275,  1. 
 23-19.14-3. Definitions. (1) 40 C.F.R. means that section or subsection of the code of federal regulations, title 40, protection of environment, chapter 1, environmental protection agency. References to the administrator, appearing therein, shall be interpreted as referring to the director of the department of environmental management.  (2) All appropriate inquiries means an environmental due diligence process for assessing a property for the presence or potential presence of contamination, in accordance with requirements established by the department of environmental management that are not inconsistent with the provisions of 40 C.F.R. Part 312 establishing federal standards for all appropriate inquiries.  (3) Bona fide prospective purchaser means a person who intends to purchase a contaminated property, who has documented the intent to purchase the property in writing, and who has offered to pay fair market value for the property in the contaminated state. For purposes of this chapter, any former owner, former operator, or other person who is otherwise a responsible party or any person who had more than ten percent (10%) equitable or other legal interest in the site or any of the operations related to the contamination cannot be considered as a bona fide prospective purchaser. Once a purchaser has certified their status as a bona fide prospective purchaser to the department and the department has acknowledged receipt of such certification, a purchaser may maintain that status for up to one year following purchase of the property, unless it is subsequently found that the purchaser did not meet the criteria for a bona fide prospective purchaser as outlined in this section. If the department finds that substantial progress has been made in investigating conditions of the site and/or meeting the requirements for a remedial decision letter, such status may be renewed by the department for a specified period of time not to exceed one year for each renewal.  (4) Hazardous materials means any material or combination or mixture of materials containing any hazardous substance in an amount and concentration such that when released into the environment, that material can be shown to present a significant potential to cause an acute or chronic adverse effect on human health or the environment. Hazardous material shall also include any material that contains a hazardous waste. Hazardous material does not include petroleum for the purposes of this chapter.  (5) Hazardous substances means any substance designated as hazardous pursuant to 40 C.F.R.  300.5, as is or as amended. Hazardous substance shall not include, for the purposes of this chapter, asbestos or radioactive materials. Hazardous substances shall include per- and polyfluoroalkyl substances.  (6) Hazardous wastes means any material defined as hazardous waste pursuant to chapter 19.1 of this title, and the regulations promulgated under chapter 19.1 of this title.  (7) Letter of compliance means a formal, written communication from the department signifying that the remedial action has been satisfactorily completed and the objectives of environmental cleanup, pursuant to  23-19.14-4 have been met.  (8) Operator means the person responsible for the operation of the activities at the site.  (9)(i) Owner means the person who owns the site or part of the site.  (ii) In the case of a receiver, the superior court supervising the receiver shall have jurisdiction to determine the nature and extent of the receivers obligations to comply with the provisions of this chapter. Any obligation to comply with the provisions of this chapter shall be binding on a receiver solely in his or her fiduciary capacity.  (10) Per- and polyfluoroalkyl substances means perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).  (11) Person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision of the federal government, a state, municipality, commission, political subdivision of a state, or any interstate body.  (12) Petroleum means any virgin petroleum product including the following products:  (i) Unused distillate and residual oil, including but not limited to gasoline, aviation fuels, kerosene, diesel, and heating oils.  (ii) Unused crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench oils, and other industrial oils.  (13)(i) Release shall be defined by 40 C.F.R.  300.5 for purposes of this chapter, but shall also exclude any release from a process, activity, or source area allowed under a permit, license, or approval issued after January 1, 1987, by any regulatory process or legal authority or any release of hazardous materials solely derived from common household materials and occurring at the household.  (ii) For purposes of this chapter, release also includes an actual or potential threat of release.  (14) Remedial decision letter means a formal, written communication from the department that approves a site investigation, identifies the preferred remedial alternative, and authorizes the development of a remedial action work plan in order to achieve the objectives of environmental cleanup.  (15) Remedial or response action means those actions taken to rectify the effects of a release of hazardous material, and/or petroleum so that it does not cause a substantial danger to present or future public health or welfare, or the environment.  (16) Remediation means the act of implementing, operating, and maintaining, a remedy, remedial action, or response action.  (17) Responsible party has the meaning attributed to it by the provisions of  23-19.14-6 or  23-19.14-6.1.  (18) Site means all contiguous land, structures, and other appurtenances and improvements on the land contaminated by the use, storage, release, or disposal of hazardous material including the extent of contamination and all suitable areas in very close proximity to the contamination where it will be necessary to implement or conduct any required investigation or remedial action.  History of Section.P.L. 1995, ch. 187,  1; P.L. 1997, ch. 41,  1; P.L. 1997, ch. 60,  1; P.L. 2006, ch. 250,  1; P.L. 2006, ch. 275,  1; P.L. 2022, ch. 144,  3, effective June 27, 2022; P.L. 2022, ch. 169,  3, effective June 27, 2022. 
 23-19.14-4. Objectives of environmental clean-up. (a) The department of environmental management will develop, maintain and publish numerical objectives for the most commonly found hazardous substances. These objectives will be applicable for the clean-up of contaminated properties to levels which are protective of human health and the environment based on current and reasonably foreseeable future use of a property and the surrounding natural resources. To further ensure the safety of school children while attending school, the department of environmental management, shall:  (1) Adopt numerical objectives for properties dedicated to school use equivalent to the numerical objectives set by the department for residential use of such properties;  (2) Evaluate chemicals of concern for vapor intrusion and adopt numerical objectives for those contaminants in soil and groundwater where such standards do not already exist in regulation and apply the numerical objectives for residential use established for said chemicals and petroleum to properties dedicated to school use; and  (3) Develop and adopt procedures for determining whether levels of chemicals of potential concern for vapor intrusion and petroleum in soil or groundwater pose a reasonable potential for migration of contaminated vapors or gases into structures to be utilized as school facilities.  (b)(1) The construction of any new school building; or  (2) Construction of an addition to any existing school building; or  (3) Leasing of any portion of an existing building to serve as a school shall be prohibited on any portion of a parcel of property for which, upon occupancy, there exists an ongoing potential for hazardous materials and/or petroleum to migrate as vapors or gases into the building from the subsurface of the parcel of property, unless:  (i) At a property where concentrations of chemicals of potential concern for vapor intrusion or petroleum in the subsurface exceed the residential direct exposure criteria in soil, source areas of said chemicals or petroleum within the vadose zone of the site that includes said property shall be remediated:  (A) Through the physical removal of said chemicals or petroleum through excavation or in situ treatment; and  (B) The school building shall be equipped with both a passive sub slab ventilation system capable of conversion to an active system and a vapor barrier beneath the school building or incorporated in the concrete slab, all in compliance with an approved department of environmental management remedial action work plan and completed prior to the occupancy of the school;  (ii) At a property where concentrations of chemicals of potential concern for vapor intrusion or petroleum in the subsurface do not exceed the residential direct exposure criteria in soil but contamination exists on the property due to the presence of any chemicals of potential concern for vapor intrusion or petroleum in groundwater, the department of environmental management shall:  (A) Require the propertys owner or operator to prepare a site specific conceptual site model and conduct soil gas sampling to determine the location of the source area of said chemicals or petroleum in the sites vadose zone;  (B) Evaluate the results of said model and sampling to determine if levels of any chemicals of potential concern for vapor intrusion or petroleum could migrate as vapors or gases into the occupied portions of the building where the school is proposed based on procedures developed pursuant to this chapter; and  (C) Where the reasonable potential for migration of contaminated vapors or gases is determined to exist, the department shall require remediation to eliminate said potential as follows:  (I) Where the source area is located on the site that includes said property, requiring the physical removal of said chemicals or petroleum in the source area in the vadose zone through excavation or in situ treatment; provided, the concentrations of said chemicals or petroleum in said source area exceed the direct residential exposure criteria in soil; and  (II) Requiring the installation of both a passive sub slab ventilation system capable of conversion to an active system and a vapor barrier beneath the school building or incorporated in the concrete slab, all in compliance with an approved department of environmental management remedial action work plan and completed prior to the occupancy of the school; and, provided further, should monitoring of a passive sub-slab ventilation system indicate that active ventilation is necessary to protect the health and safety of users of a school equipped with a passive system, the department of environmental management shall require conversion of the passive system to an active system along with financial assurances to provide for the funding of the operation and monitoring of said active system for as long as active ventilation is deemed necessary by the department.  (iii) At a property where concentrations of chemicals of potential concern for vapor intrusion or petroleum in the subsurface do not exceed the residential direct exposure criteria in soil on the site that includes said property, and where the department has determined that levels of any chemicals of potential concern for vapor intrusion or petroleum will not present a reasonable potential for migration of contaminated vapors or gases into structures to be utilized as school facilities on the property, the property may be used for school purposes subject to any conditions that the department of environmental management may impose pursuant to this chapter.  (c) The construction of any school building, or construction of an addition to any existing school building, or leasing of any portion of an existing building to serve as a school on any portion of a parcel of property formerly used for industrial, manufacturing or landfill purposes that is contaminated by hazardous materials, shall be prohibited unless at least thirty (30) days prior to selecting the location for construction or leasing the building the project sponsor undertakes all of the following measures with ten (10) days prior written notice to the public of each measure undertaken:  (1) Prepares and posts on the sponsors website a written report that: (i) Projects the costs to acquire or lease the property, and to cleanup and maintain the property in accordance with the department of environmental managements Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (the Remediation Regulations); (ii) Projects the time period required to complete a cleanup of the property for school purposes prior to occupancy by obtaining either an Interim Letter of Compliance, a Letter of Compliance or a Non-Jurisdictional Letter indicating that the property is not jurisdictional under the Remediation Regulations of the department of environmental management; (iii) Discusses the rationale for selecting the property for use as school purposes and an explanation of any alternatives to selecting said property considered by the project sponsor;  (2) Solicits written comments on the report prepared pursuant to subdivision (1) of this subsection for a period of at least thirty (30) days after posting said report on the sponsors website and conducts a public hearing during said thirty (30) day period at which public comment is taken on said report; and  (3) Prepares a second written report that summarizes and responds to the public comments received during the public comment period and at the public hearing and posts said second report on the sponsors website.  (d) The sponsor of any school project subject to the provisions of subsection (c) of this section shall consider the results and findings contained in the reports required by subsection (c) when selecting the location of said project.  (e) As used in this section.  (1) The term school means any residential or nonresidential school building, public, private or charter, of any city or town or community educational system regulated, directly or secondarily, by the council on elementary and secondary education or the department of elementary and secondary education or any other state education board or local city or town school board or school committee or other legal educational subdivision acting under it. As used in this chapter, the term school or schools includes, but is not limited to, school playgrounds, school administration buildings, indoor school athletic facilities, school gymnasiums, school locker rooms, and similar school buildings. A school shall not include any institutions for education of adults (e.g. colleges, universities, graduate schools, trade schools) or childcare facilities as regulated by the department of children, youth and families.  (2) The term landfill means for the purposes of this section, any portion of a parcel of property that was used as a landfill as defined in  23-19.1-4 or a sanitary landfill, dump or other disposal area where more than thirty (30) cubic yards of solid waste was disposed.  (3) The term hazardous materials means any materials defined as hazardous materials pursuant to  23-19.14-3.  (4) The term solid waste means any materials defined as solid waste pursuant to  23-18.9-7.  (5) The term chemicals of potential concern for vapor intrusion means those chemicals that the U.S. Environmental Protection Agency recommends for routine evaluation during vapor intrusion assessments in said Agencys most recent guidance on the assessment of vapor intrusion into indoor air from subsurface sources, and any other chemicals that the department of environmental management may recommend for said routine evaluation.  (6) The term source area means the horizontal and vertical extent of natural or man-made media impacted by a release of hazardous materials or causing a release of hazardous materials at concentrations in excess of the numerical objectives developed pursuant to paragraph (a) of this section.  (7) The term vadose zone means the full extent of the soil column existing above the elevation of groundwater.  (8) The term conceptual site model means a written and/or illustrative representation of the physical, chemical and biological processes that control the transport, migration and actual or potential impacts of hazardous materials in soil, air, groundwater, surface water and/or sediments to human and/or ecological receptors at a site.  (f) The provisions of this section shall not apply to the renovation or reconstruction of any building for school purposes that was used continuously as a school for a period of at least twenty-five (25) years where: (1) The footprint of the building after renovation or reconstruction does not exceed more than five percent (5%) of the current footprint of the building; and (2) The site of the building is not subject to a remedial action work plan approved by the department of environmental management.  History of Section.P.L. 1995, ch. 187,  1; P.L. 1997, ch. 41,  1; P.L. 1997, ch. 60,  1; P.L. 2012, ch. 163,  1; P.L. 2012, ch. 179,  1; P.L. 2013, ch. 296,  1. 
 23-19.14-5.1. Brownfields program and continuous improvement. The department of environmental management shall provide for the coordination of the brownfield program, including consolidation of applications and hearing procedures for brownfield properties internally and across state agencies, the creation and maintenance of a consolidated application for brownfield projects which shall include all required department of environmental management application information and information required by other state agencies or bodies for purposes of redeveloping or financing the redevelopment of brownfield properties, and any other coordinating functions which will aid in the quick and efficient redevelopment of brownfield properties.  History of Section.P.L. 2002, ch. 186,  2; P.L. 2004, ch. 553,  1. 
 23-19.14-5.2. Entry of registered professional engineers onto certain property. Any registered professional engineer who is employed, retained and/or otherwise acting on behalf of a municipality of this state may enter, examine or survey, at any reasonable time, such places and real property which is either owned by a municipality or real property in which the municipality has a legal interest arising from a real property tax lien, on which property owner has made no payments for a period of at least two (2) years, for the purpose of performing an environmental site assessment or investigation. An environmental site assessment or investigation under this section shall be conducted in accordance with and shall be subject to the same guidelines and limitations provided for an administrative inspection or, where appropriate, a criminal investigation, pursuant to the provisions of  42-17.1-2(20).  History of Section.P.L. 2004, ch. 553,  2; P.L. 2008, ch. 475,  60. 
 23-19.14-5. Environmental equity and public participation. (a) The department of environmental management shall consider the effects that clean-ups would have on the populations surrounding each site and shall consider the issues of environmental equity for low income and racial minority populations. The department of environmental management will develop and implement a process to ensure community involvement throughout the investigation and remediation of contaminated sites. That process shall include, but not be limited to, the following components:  (1) Notification to abutting residents when a work plan for a site investigation is proposed;  (2) Adequate availability of all public records concerning the investigation and clean-up of the site, including, where necessary, the establishment of informational repositories in the impacted community; and  (3) Notification to abutting residents, and other interested parties, when the investigation of the site is deemed complete by the department of environmental management.  (4)(i) Whenever a site that is known to be contaminated or is suspected of being contaminated based upon its past use is considered for possible reuse as the location of a school, child-care facility, or as a recreational facility for public use, the person proposing such reuse shall, prior to the establishment of a final scope of investigation for the site and after the completion of all appropriate inquiries, hold a public meeting for the purposes of obtaining information about conditions at the site and the environmental history at the site that may be useful in establishing the scope of the investigation of the site and/or establishing the objectives for the environmental clean-up of the site. The public meeting shall be held in a city or town in which the site is located; public notice shall be given of the meeting at least ten (10) business days prior to the meeting; and following the meeting, the record of the meeting shall be open for a period of not less than ten (10) and not more than twenty (20) business days for the receipt of public comment. The results of all appropriate inquiries, analysis and the public meeting, including the comment period, shall be documented in a written report submitted to the department.  (ii) No work (remediation or construction), shall be permitted at the property until the public meeting and comment period regarding the sites proposed reuse has closed except where the director determines that such work is necessary to mitigate or prevent:  (A) an imminent threat to human health, public safety or the environment; or  (B) off-site migration of known or suspected contamination.  (iii) The public notice, meeting and comment required by this section shall be in addition to any other requirements for public notice and comment relating to the investigation or remedy of the site and may be made part of another meeting pertaining to the site provided that the minimum standards established by this section for notice and comment are met. Any investigation or remediation undertaken prior to the completion of the public comment period shall be limited to measures necessary to define and/or mitigate the imminent threat and/or off-site migration.  (iv) The director shall establish, by regulation, standards and practice, which are consistent with federal practices, for purposes of satisfying the requirement to carry out all appropriate inquiries for the purposes of this chapter, the standard for the reporting of the results of those inquiries, and the process for notification to the public of the public meeting, the standards and practices for conducting the public meeting, and reporting on public comment.  (b) Effective until January 1, 2007, the community involvement process may be coordinated, as appropriate, with the public notice and comment opportunity provided in  23-19.14-11.  (c) The department of environmental management will develop and implement a process by which a person that is or may be affected by a release or threatened release of a hazardous material at a site located in the community in which the person works or resides may request the conduct of a site assessment; and a decision process, with objective criteria, specifying how the department will consider and appropriately respond to such requests.  (d) The department of environmental management will maintain, update not less than annually, and make available to the public a record of sites, by name and location, at which remedial actions have been completed in the previous year and are planned to be addressed under the state site remediation and Brownfields program in the upcoming year. The public record shall identify whether or not the site, on completion of the remedial action, will be suitable for unrestricted use and, if not, shall identify the institutional controls relied on in the remedy.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2002, ch. 186,  1; P.L. 2006, ch. 250,  1; P.L. 2006, ch. 275,  1. 
 23-19.14-6.1. Liability for releases of petroleum. Responsible parties for releases of petroleum are defined as all parties who are otherwise liable for an actual or threatened release of petroleum under any other applicable statute, rule, or common law. This section shall neither be construed as establishing new liabilities or obligations for parties responsible for releases of petroleum that do not otherwise exist under statute, rule, or common law, nor as diminishing any liabilities or obligations that may be established by those provisions. Accordingly, the obligations of the responsible parties for releases of petroleum shall be the same as those provided for under any other application, provisions or rules of law.  History of Section.P.L. 1997, ch. 41,  2; P.L. 1997, ch. 60,  2. 
 23-19.14-6. Liability for releases of hazardous materials. (a) Notwithstanding any other provision or rule of law, and subject only to the defenses presented in  23-19.14-7, the state reaffirms the applicable provisions of 19.1 of this title,  42-17.1-2, chapter 12 and chapter 13.1 of title 46 and defines the following parties as responsible parties which are strictly, jointly and severally liable for the actual or threatened release of any hazardous material at a site:  (1) The owner or operator of the site;  (2) Any person who at the time of disposal of any hazardous material owned or operated the site;  (3) Any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment of hazardous materials owned or possessed by that person, at any site owned or operated by another party or entity and containing hazardous materials; and  (4) Any person who accepts or accepted any hazardous materials for transport to disposal or treatment facilities or sites selected by that person, from which there is a release or a threatened release of a hazardous material which causes the incurrence of response costs.  (b) Responsible parties as defined in this section shall be liable for:  (1) All removal or remedial actions necessary to rectify the effects of a release of hazardous material so that it does not cause a substantial danger to present or future public health or welfare or the environment;  (2) All costs of removal or remedial action incurred by the state including direct costs, indirect costs and the costs of overseeing response actions conducted by private parties;  (3) Any other necessary costs of removal or remedial action incurred by any other person; and  (4) Damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing the injury, destruction, or loss resulting from a release of hazardous material.  History of Section.P.L. 1995, ch. 187,  1; P.L. 1997, ch. 41,  1; P.L. 1997, ch. 60,  1. 
 23-19.14-7.1. Remedial agreements. In addition to exemption from liability provided for in  23-19.14-7, for sites on which a remedial decision letter has been issued, the state may enter into a remedial agreement that includes a covenant not to sue and contribution protection and that describes the agreed remedial actions and shall be assignable as therein provided. Whenever the state has entered into a remedial agreement under this section, the liability to the state under this chapter of each party to the agreement including any future liability to the state, arising from the release or threatened release that is the subject of the agreement shall be limited as provided in the agreement pursuant to a covenant not to sue. The final covenant not to sue may, at the discretion of the state, be transferred to successors or assigns that are not otherwise found to be a responsible party under  23-19.14-6. The covenant not to sue may provide that future liability to the state of a person who is under the remedial agreement may be limited to the same proportion as that established in the original agreement. A remedial agreement shall be distinct from a letter of compliance, and the absence of a remedial agreement shall not affect or compromise exemption to liability provided for in  23-19.14-7.  History of Section.P.L. 2006, ch. 250,  2; P.L. 2006, ch. 275,  2; P.L. 2021, ch. 147,  7, effective July 3, 2021; P.L. 2021, ch. 148,  7, effective July 3, 2021. 
 23-19.14-7. Exemptions to liability. The following parties are not responsible parties and shall not be held liable for costs or damages associated with a release of hazardous material and/or petroleum:  (1) Persons otherwise liable who can establish by a preponderance of the evidence that the release, or threat of release, of a hazardous substance and the damages resulting from that release, or threat of release, were caused solely by an act of God or an act of war;  (2) Bona fide prospective purchasers of, or tenants on, properties for which the following have been issued:  (i) A remedial decision letter and are actively engaged in implementing the remedial action approved therein; provided, that the remedial action is being diligently pursued to completion in accordance with approved work schedules;  (ii) A letter of compliance confirming successful completion of a remedial action approved by the department;  (iii) An enforceable settlement agreement under  23-19.14-10; or  (iv) Correspondence from the department to the tenant acknowledging that the tenant leased the facility after January 11, 2002, and that the tenant has certified to each of the following criteria:  (A) Evidence that all disposal at the facility took place before the tenant leased the facility (through due diligence);  (B) The tenant made all appropriate inquiry into the prior uses and ownership of the facility in accordance with generally accepted good commercial and customary standards and practices (standard for due diligence);  (C) The tenant will provide all legally required notices for any discovery or release of hazardous substances at the facility;  (D) The tenant will exercise appropriate care to stop ongoing releases, prevent threatened future releases, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substance;  (E) The tenant will cooperate with, assist, and provide access to those performing remedial work at a facility;  (F) The tenant will comply with, and will not impede the effectiveness or integrity of, any institutional controls at a facility; and  (G) The tenant has no affiliation with any responsible party and was not created through a reorganization of a business entity that was a responsible party.  (3) Persons who maintain an indicia of ownership solely to protect a secured interest in land and are not operators;  (4) Persons who are not operators and who act solely as custodial receivers or who can establish by a preponderance of evidence that they are an innocent landowner and the release or threat of release were caused solely by an act or omission of a third party, other than an employer or agent of the defendant, or whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant if the defendant establishes:  (i) He or she exercised due diligence in the acquisition of the site at the time of purchase and exercised due care with respect to the hazardous material and/or petroleum concerned, taking into consideration the characteristics of the hazardous material, in light of the facts and circumstances; and  (ii) He or she took precautions against foreseeable acts, or omissions of any third party, and the consequences that could foreseeably result from those acts or omissions;  (5) A unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign; provided, however, that the unit of state or local government did not cause or contribute to the release or threatened release of a hazardous material at the site; and  (6)(i) A person that owns real property that is contiguous to, or otherwise similarly situated with respect to, and that is, or may be, contaminated by a release, or threatened release, of a hazardous material from real property that is not owned by that person shall not be considered to be a responsible party for the site solely by reason of the contamination if:  (A) The person did not cause, contribute, or consent to the release or threatened release;  (B) The person is not:  (I) Potentially liable, or affiliated with any other person that is potentially liable, for response costs at the site through any direct or indirect familial relationship or any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by a contract for the sale of goods or services); or  (II) The result of a reorganization of a business entity that was potentially liable;  (C) The person takes reasonable steps to:  (I) Stop any continuing release;  (II) Prevent any threatened future release; and  (III) Prevent or limit human, environmental, or natural resource exposure to any hazardous substance released on or from property owned by that person;  (D) The person provides full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at the site from which there has been a release or threatened release (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the site);  (E) The person:  (I) Is in compliance with any land-use restrictions established or relied on in connection with the response action at the site; and  (II) Does not impede the effectiveness or integrity of any institutional control employed in connection with a response action; and  (F) The person provides all legally required notices with respect to the discovery or release of any hazardous substances at the facility.  (ii) To qualify as a person described in this subdivision, a person must establish by a preponderance of the evidence that the conditions in subparagraphs (i)(A) through (i)(F) of this subdivision have been met.  History of Section.P.L. 1995, ch. 187,  1; P.L. 1997, ch. 41,  1; P.L. 1997, ch. 60,  1; P.L. 2002, ch. 186,  1; P.L. 2006, ch. 250,  1; P.L. 2006, ch. 275,  1; P.L. 2016, ch. 152,  1; P.L. 2016, ch. 170,  1. 
 23-19.14-8. Voluntary investigations and remedial actions. (a) A person who is not otherwise defined as a responsible party under  23-19.14-6 and/or  23-19.14-6.1 will not become a responsible party if that person voluntarily undertakes and completes response actions under a remedial action plan approved by the department of environmental management. Nothing in this section shall be construed to relieve a person from liability for failure to complete a remedial response action or failure to exercise due care in performing remedial response actions.  (b) A person who is not otherwise defined as a responsible party under  23-19.14-6 and/or  23-19.14-6.1 will not become associated with a release or threat of release as a result of their performing investigations of the presence, nature, and extent of hazardous materials and/or petroleum at any site; provided, however, that the investigations do not aggravate or contribute to a release at the site, and that the persons provide the results of those investigations to the department of environmental management.  (c) A person who is defined as a responsible party under  23-19.14-6 and/or  23-19.14-6.1 may defer their clean-up obligations for up to three (3) years if they conduct, or allow another party to conduct, an investigation of the site to determine the presence, nature, and extent of hazardous materials and/or petroleum; provided, however, that:  (1) The site has not been subject to previous notification to the department for a release of hazardous materials or petroleum which has not been addressed in accordance with the requirements of the department;  (2) Any contamination found that presents an imminent threat to human health, public safety or the environment, as determined by the department, shall be remediated in a timely and effective manner; and  (3) Any contamination, which requires removal or remediation pursuant to the applicable requirements of the department, found that is migrating off-site, or presents a threat to migrate off-site within one year as determined by the department, shall be mitigated in a timely manner that effectively prevents off-site migration of contaminants.  A responsible party may only defer clean-up obligations when at the discretion of the director, the delay will not aggravate or contribute to a release at the site and the results of those investigations are submitted to the department of environmental management in a timely manner.  (d) After meeting all notification and investigation requirements set by the department in regulation, a person who is defined as a responsible party under  23-19.14-6 and/or 23-19.14-6.1 will have resolved their liability for contamination identified through such investigation after either:  (1) Receiving a remedial decision letter and remaining actively engaged in implementing the remedial action approved therein; provided, that the remedial action is being diligently pursued to completion in accordance with approved work schedule; or  (2) Receiving a letter of compliance confirming successful completion of a remedial action approved by the department; or  (3) Entering into an enforceable settlement agreement under  23-19.14-10.  History of Section.P.L. 1995, ch. 187,  1; P.L. 1997, ch. 41,  1; P.L. 1997, ch. 60,  1; P.L. 2006, ch. 250,  1; P.L. 2006, ch. 275,  1. 
 23-19.14-9. Priority sites for economic development. Upon application, the executive director of the Rhode Island economic development corporation may certify Brownfield sites as properties of critical economic concern, as defined by  42-117-3(3). These properties of critical economic concern shall be entitled to the benefits of chapter 117 of title 42 including, but not limited to, expedited investigation of these properties, expedited design of appropriate remedial actions for these properties and, to the greatest extent possible, expedited implementation of remedial actions at these properties.  History of Section.P.L. 1995, ch. 187,  1; P.L. 2002, ch. 186,  1. 
 23-19.15-1. Short title. This chapter shall be known and may be cited as the Rhode Island Cesspool Act of 2007.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1. 
 23-19.15-10. Regulations. The department shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1. 
 23-19.15-11. Severability and construction. The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability to any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be affected. The provisions of this chapter shall be liberally construed to give effect to the purposes thereof.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1. 
 23-19.15-12. Cesspool removal and replacement requirements at property transfer. (a) Any cesspool found to be serving a building or use subject to sale or transfer shall be removed and replaced with an OWTS or the building served by the cesspool shall be connected to a public sewer system within twelve (12) months of the date of sale or transfer.  (b) Should the manner of wastewater disposal be unknown, an inspection shall be conducted to determine if a cesspool is present on the property. This inspection shall be done by a system inspector prior to the time of sale or transfer.  (c) Pursuant to  5-20.8-13, every contract for the purchase and sale of real estate that is or may be served by a private cesspool shall provide that potential purchasers be permitted a ten-day (10) period, unless the parties mutually agree upon a different period of time, to conduct an inspection of the propertys onsite sewage system in accordance with procedures required by the department in  23-19.15-5(a), before becoming obligated under the contract to purchase.  History of Section.P.L. 2015, ch. 163,  2; P.L. 2015, ch. 185,  2. 
 23-19.15-2. Legislative findings. The general assembly hereby recognizes and declares that: (1) There exists a need to abate pollution and threats to public health caused by cesspools.  (2) It is estimated that there are more than twenty-five thousand (25,000) cesspools within the state as of 2013.  (3) Cesspools are a substandard and inadequate means of sewage disposal.  (4) Cesspools contribute directly to groundwater and surface water contamination and environmental impacts will be exacerbated by increased precipitation, storm frequency, and sea level rise.  (5) Wastewater disposed from cesspools contains bacteria, viruses, ammonium, and other pollutants, and may also include phosphates, chlorides, grease, and chemicals used to clean cesspools.  (6) Wastewater disposed from cesspools violates drinking water health standards for certain contaminants.  (7) Wastewater disposed from cesspools can pose significant health threats to people who come into contact with, or consume, contaminated surface waters or groundwaters.  (8) Appropriate treatment of sewage disposed into the ground is essential to the protection of public health and the environment, particularly in relation to Narragansett Bay and the rest of the states coastal region, and public drinking water resources.  (9) Replacement of cesspools with onsite wastewater treatment systems (OWTS) technology reduces risks to public health and the environment.  (10) In sewered areas, sewer tie-ins offer a readily available, environmentally preferable means of mitigating problems and threats caused by cesspools.  (11) A fund exists to assist homeowners with the costs of removing cesspools and inadequate septic systems and replacing them with an approved OWTS if the community in which the homeowner resides has created a wastewater management district in accordance with chapter 24.5 of title 45.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1; P.L. 2015, ch. 163,  1; P.L. 2015, ch. 185,  1. 
 23-19.15-3. Declaration of purpose. The purpose of this chapter is to phase out use of cesspools beginning with those located in close proximity to tidal water areas and public drinking water supplies. Additionally, this chapter provides for the connection of properties served by cesspools to available sewer lines and requires the identification and replacement of cesspools on all properties throughout the state that are subject to sale or transfer.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1; P.L. 2015, ch. 163,  1; P.L. 2015, ch. 185,  1. 
 23-19.15-4. Definitions. For the purposes of this chapter the following terms shall mean: (1) Cesspool means any buried chamber other than an onsite wastewater treatment system (OWTS), including, but not limited to, any metal tank, perforated concrete vault, or covered hollow or excavation, that receives discharges of sanitary sewage from a building for the purpose of collecting solids and discharging liquids to the surrounding soil.  (2) Department means the department of environmental management as established in chapter 17.1 of title 42.  (3) Director means the director of the department of environmental management or his or her designee.  (4) Failed cesspool means a cesspool where one or more of the following conditions exist: (i) The cesspool fails to accept or dispose of sewage, as evidenced by sewage at the ground surface above or adjacent to the cesspool, or in the building served; (ii) The liquid depth in a cesspool is less than six (6) inches from the inlet pipe invert; (iii) Pumping is required more than two (2) times a year; (iv) The cesspool is shown to have contaminated a drinking water well or watercourse; or (v) There is shown to be direct contact between the bottom of the cesspool and the groundwater table.  (5) Onsite wastewater treatment system or OWTS means any system of piping, tanks, disposal areas, alternative toilets, or other facilities designed to function as a unit to convey, store, treat, and/or dispose of sanitary sewage, by means other than discharge into a public sewer system. A cesspool is not an OWTS.  (6) System inspector means a person who is registered as an inspector and capable of properly assessing the condition of an OWTS.  (7) Transfer means a transfer of real property except between the following relationships:  (i) Between current spouses;  (ii) Between parents and their children;  (iii) Between full siblings; or  (iv) Where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor.  (8) Wastewater means human or animal excremental liquid or substance, putrescible animal or vegetable garbage or filth, including, but not limited to, waste discharged from toilets, bath tubs, showers, laundry tubs, washing machines, sinks, and dishwashers.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1; P.L. 2015, ch. 163,  1; P.L. 2015, ch. 185,  1. 
 23-19.15-5. Inspection requirements for cesspools located in close proximity to tidal waters and public drinking supplies. (a) Unless exempted under  23-19.15-8(a), the owner of property served by a cesspool in the following areas shall cause an inspection to be performed on said cesspool by a system inspector in accordance with a schedule established by the department, but no later than January 1, 2012:  (1) Which cesspool is within two hundred feet (200) of the inland edge of a shoreline feature bordering a tidal water area [corresponding to the jurisdiction of the RI coastal resources management council];  (2) Which cesspool is within two hundred feet (200) of a public drinking water well; and  (3) Which cesspool is within two hundred feet (200) of a surface drinking water supply, specifically the impoundment from which water is drawn via the intake.  The inspection shall be conducted by a system inspector as defined herein and reported in accordance with procedures required by the department, and the results shall be recorded on forms prescribed by the department.  (b) Pursuant to  5-20.8-13, every contract for the purchase and sale of real estate that is, or may be, served by a private cesspool shall provide that potential purchasers be permitted a ten-day (10) period, unless the parties mutually agree upon a different period of time, to conduct an inspection of the propertys on-site sewage system in accordance with procedures required by the department in subsection (a) of this section before becoming obligated under the contract to purchase.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1; P.L. 2008, ch. 475,  61; P.L. 2015, ch. 163,  1; P.L. 2015, ch. 185,  1. 
 23-19.15-6. Cesspool removal and replacement. (a) Any cesspool located in close proximity to tidal water areas and public drinking water supplies and required to be abandoned pursuant to this chapter shall be replaced with an approved OWTS, or the building served by the cesspool shall be connected to a public sewer, prior to the applicable deadlines contained in subsection (b) of this section.  (b) Cesspools found to be located within the areas identified in  23-19.15-5(a) shall cease to be used for sewage disposal and shall be properly abandoned in accordance with the following schedule:  (1) Tier 1. Any cesspool deemed by the department or a system inspector to be failed in accordance with this chapter shall be properly abandoned within one year of discovery unless an immediate public health hazard is identified, in which case the director may require a shorter period of time.  (2) Tier 2. Any cesspool located on a property that has a sewer stub enabling connection to a public sewer shall be properly abandoned, and the building served by the cesspool shall be connected into the sewer system of such premises with such sewer and fill up and destroy any cesspool, privy vault, drain, or other arrangement on such land for the reception of sewage, excluding any Rhode Island department of environmental management OWTS-approved system, prior to January 1, 2014.  (3) Tier 3. Any cesspool within two hundred feet (200) of a public drinking water well, or within two hundred feet (200) of the inland edge of a shoreline feature bordering a tidal water area [corresponding to the jurisdiction of the RI Coastal Resources Management Council], or within two hundred feet (200) of a surface drinking water supply [specifically, the impoundment from which water is drawn via the intake], shall be properly abandoned by January 1, 2014.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1; P.L. 2011, ch. 285,  1; P.L. 2011, ch. 380,  1; P.L. 2015, ch. 163,  1; P.L. 2015, ch. 185,  1. 
 23-19.15-7. Waiver. The director may grant a waiver, to the extent necessary, from applicable provisions listed in  23-19.15-6(b) provided the homeowner demonstrates undue hardship, defined as having an annual income of less than or equal to eighty percent (80%) of the appropriate household size area median income determined by the federal Housing and Urban Development standards for the community within which the cesspool is located, and the cesspool is not a failed system as defined herein. No waiver shall exceed five (5) years from the dates specified in  23-19.15-6(b). Any waiver granted shall expire upon transfer or sale of the land or easement upon which the cesspool is located.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1; P.L. 2011, ch. 285,  1; P.L. 2011, ch. 380,  1; P.L. 2015, ch. 163,  1; P.L. 2015, ch. 185,  1. 
 23-19.15-8. Exemption. (a) The provisions of  23-19.15-5, 23-19.15-6(a) and 23-19.15-12(a) shall not apply to any cesspool located in an area of a community covered by municipal, on-site wastewater management ordinance that requires the risk-based phase out of cesspools on an alternative schedule that meets the purposes of this act.  (b) The provisions of  23-19.15-6(b)(2) and 23-19.15-12 shall not apply to any cesspool located on a property that is properly designated to be sewered no later than six (6) years after the applicable deadlines provided in  23-19.15-6(b)(3) provided: (1) The sewering project is identified in the city, town, or sewer districts wastewater facilities plan as approved by DEM prior to January 1, 2013; (2) The municipality, acting through its city or town council, states in writing to the director of the department of environmental management by January 1, 2013, that the municipality will complete construction of the sewering project on or before January 1, 2020; and (3) The property owner certifies, in writing, that the dwelling/building will be connected to the sewer system within six (6) months of receipt of the notification to connect to the sewer system and that no increase in the design sewage flow or number of bedrooms in the building will occur until the connection is made.  (c) In addition to subdivision (b)(2) of this section, the municipality must demonstrate by December 31, 2014, that it has bond authorization or some other dedicated financial surety for expansion of sewers to the area of the building served by the cesspool. If the municipality fails to demonstrate such surety, this exemption shall terminate and the cesspool shall be replaced by June 30, 2015.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1; P.L. 2008, ch. 475,  61; P.L. 2011, ch. 285,  1; P.L. 2011, ch. 380,  1; P.L. 2015, ch. 163,  1; P.L. 2015, ch. 185,  1. 
 23-19.15-9. Notice to remove and replace cesspools. (a) The owner of any cesspool who or that has not complied with the requirements pursuant to this chapter shall be in violation of this chapter and subject to enforcement action by the department in accordance with chapters 17.1 and 17.6 of title 42.  (b) Notwithstanding the above provisions, the director may require the abandonment and replacement of any cesspool with an approved OWTS prior to the dates specified in  23-19.15-6(b) if the cesspool is a large capacity cesspool as defined pursuant to applicable federal regulations governing underground injection control (UIC) facilities.  History of Section.P.L. 2007, ch. 136,  1; P.L. 2007, ch. 233,  1; P.L. 2008, ch. 475,  61; P.L. 2015, ch. 163,  1; P.L. 2015, ch. 185,  1. 
 23-19.16-1. Legislative findings. The general assembly finds and declares that: (1) Promotion of, and investment in, energy efficient infrastructure will result in the reduction of energy costs for commercial, residential, and municipal users which is necessary to maintain and grow Rhode Islands economy; and  (2) There exists the Rhode Island clean water finance agency which can be expanded to assist businesses, residents, and municipalities with the coordination and financing of necessary infrastructure improvements and renamed as the Rhode Island infrastructure bank; and  (3) In addition to reducing energy cost, energy efficient infrastructure improvements will result in less pollution, the remediation of brownfields, coastal nourishment and restoration, safer drinking water and an overall sound environment; and  (4) Cities, towns and other owners of properties designated as brownfield sites can reduce the costs of borrowing for remediation and/or development of those sites through cooperation with the Rhode Island infrastructure bank; and  (5) Remediation and/or development of brownfield sites will generate economic activity and utilize properties which were otherwise dormant or underutilized; and  (6) Greater coordination among state and municipal agencies will enable a more efficient allocation of infrastructure resources by the state of Rhode Island.  History of Section.P.L. 2015, ch. 141, art. 14,  1. 
 23-19.16-2. Definitions. As used in this chapter, the following terms, unless the context requires a different interpretation, shall have the following meanings:  (1) Agency means the Rhode Island infrastructure bank as set forth in chapter 12.2 of title 46;  (2) Approved project means any project approved by the agency for financial assistance;  (3) Brownfield project means a project proposed by a city, town, person or corporation that would provide for the remediation and/or development of a site within the state of Rhode Island defined as a brownfield site pursuant to  101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended;  (4) Corporation means any corporate person, including, but not limited to, bodies politic and corporate, corporations, societies, associations, partnerships, limited liability companies, sole proprietorships and subordinate instrumentalities of any one or more political subdivisions of the state;  (5) Department means, for purposes of this chapter, the department of environmental management;  (6) Eligible borrower or borrower means a person, corporation, city, town, or other political subdivision or instrumentality of the state;  (7) Eligible project means a brownfield project, or portion of a brownfield project, that meets the project evaluation criteria;  (8) Financial assistance means any form of financial assistance provided by the agency to an eligible borrower in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, temporary and permanent loans, with or without interest, grants, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance;  (9) Person means any natural person;  (10) Project evaluation criteria means the criteria used by the department to evaluate and rank eligible projects and shall include the extent to which the project generates economic benefits, the extent to which the project would be able to proceed, the cost effectiveness of the project; and  (11) Revolving fund means the brownfields revolving fund established under this chapter.  History of Section.P.L. 2015, ch. 141, art. 14,  1. 
 23-19.16-3. Establishment of the brownfields revolving fund. (a) There is hereby established a brownfields revolving fund. The agency shall establish and set up on its books the brownfields revolving fund, to be held in trust and to be administered by the agency solely as provided in this section and in any trust agreement securing bonds of the agency. The agency shall deposit the following monies into the fund:  (1) Amounts appropriated, transferred, or designated to the agency by the state or federal government or any political subdivision thereof for the purposes of this chapter;  (2) Loan repayments and other payments received by the agency pursuant to loan agreements with eligible borrowers executed in accordance with this chapter;  (3) Investment earnings on amounts credited to the fund;  (4) Proceeds of bonds of the agency to the extent required by any trust agreement for such bonds;  (5) Administrative fees levied by the agency;  (6) Other amounts required by provisions of this chapter or agreement, or any other law or any trust agreement pertaining to bonds to be credited to the revolving fund; and  (7) Any other funds permitted by law which the agency in its discretion shall determine to credit thereto.  (b) The agency shall establish and maintain fiscal controls and accounting procedures conforming to generally accepted government accounting standards sufficient to ensure proper accounting for receipts in and disbursements from the brownfields revolving fund.  History of Section.P.L. 2015, ch. 141, art. 14,  1. 
 23-19.16-4. Administration. (a) The agency shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter including, without limiting the generality of the preceding statement, the authority:  (1) To receive and disburse such funds from the state and federal government as may be available for the purpose of the revolving fund subject to the provisions of this chapter;  (2) To make and enter into binding commitments to provide financial assistance to eligible borrowers from amounts on deposit in the revolving fund;  (3) To levy administrative fees on eligible borrowers as necessary to effectuate the provisions of this chapter, provided the fees have been previously authorized by an agreement between the agency and the eligible borrower;  (4) To engage the services of third-party vendors to provide professional services;  (5) To establish one or more accounts within the revolving fund; and  (6) Such other authority as granted to the agency under chapter 12.2 of title 46.  (b) Subject to the provisions of this chapter, to the provisions of any agreement with the state authorized by  23-19.16-5; and to any agreements with the holders of any bonds of the agency or any trustee therefor, amounts held by the agency for the account of the revolving fund shall be applied by the agency, either by direct expenditure, disbursement, or transfer to one or more other funds and accounts held by the agency or maintained under any trust agreement pertaining to bonds, either alone or with other funds of the agency, to the following purposes:  (1) To provide financial assistance to eligible borrowers to finance costs of approved projects, and to refinance the costs of the projects, subject to such terms and conditions, if any, as are determined by the departments and/or the agency in accordance with  23-19.16-6;  (2) To fund reserves for bonds of the agency and to purchase insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to otherwise provide security for, and a source of payment for obligations of the agency, by pledge, lien, assignment, or otherwise as provided in chapter 12.2 of title 46;  (3) To pay expenses of the agency and the department in administering the revolving fund. As part of the annual appropriations bill, the department shall set forth the gross amount of expenses received from the agency and a complete, specific breakdown of the sums retained and/or expended for administrative expenses;  (4) To provide a reserve for, or to otherwise secure, amounts payable by borrowers on loans and obligations outstanding in the event of default thereof. Amounts in any account in the revolving fund may be applied to defaults on loans outstanding to the borrower for which the account was established and, on a parity basis with all other accounts, to defaults on any loans or obligations outstanding; and  (5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or otherwise as provided in chapter 12.2 of title 46, any bonds of the agency.  (c) In addition to other remedies of the agency under any loan agreement or otherwise provided by law, the agency may also recover from a borrower, in an action in superior court, any amount due the agency together with any other actual damages the agency shall have sustained from the failure or refusal of the borrower to make the payments or abide by the terms of the loan agreement.  (d) Within ninety (90) days after the end of each fiscal year, the agency shall 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: a summary of the agencys meetings including when the agency met, subjects addressed, decisions rendered and meeting minutes; a summary of the agencys actions including a listing of rules, regulations, or procedures adopted or amended, applications received for financial assistance for contracts or agreements entered into, applications and intended use plans submitted to federal agencies for capitalization grants, properties acquired or leased, and bonds issued; a synopsis of any complaints, suspensions, or other legal matters related to the authority of the agency; a consolidated financial statement of all funds received and disbursed by the agency including the source of and recipient of the funds which shall be audited by an independent certified public accountant firm; copies of audits or reports required under federal law; a listing of the staff and/or consultants employed by the agency; a listing of findings and recommendation derived from agency activities; and a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies. The report shall be posted as prescribed in  42-20-8.2. The director of the department of administration shall be responsible for the enforcement of this provision. The initial report shall be due no later than January 1, 2017.  History of Section.P.L. 2015, ch. 141, art. 14,  1. 
 23-19.16-5. Payment of state funds. (a) Subject to the provisions of subsection (b), upon the written request of the agency, the general treasurer shall pay to the agency, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds otherwise lawfully payable to the agency for the purposes of this chapter, such amounts as shall have been appropriated or lawfully designated for the revolving fund. All amounts so paid shall be credited to the revolving fund in addition to any other amounts credited or expected to be credited to the revolving fund.  (b) The agency and the state shall enter into, execute, and deliver one or more agreements setting forth or otherwise determining the terms, conditions, and procedures for, and the amount, time, and manner of payment of, all amounts available from the state to the agency under this section.  History of Section.P.L. 2015, ch. 141, art. 14,  1. 
 23-19.16-6. Procedure for project approval. The department of environmental management, in consultation with the Rhode Island commerce corporation, shall promulgate rules and regulations establishing the project evaluation criteria and a project priority list and the process through which an eligible borrower may submit an application for inclusion of a brownfields project on the project priority list. Upon issuance of the project priority list by the department of environmental management, the project priority list shall be used by the Rhode Island infrastructure bank to determine the order in which financial assistance shall be awarded. The Rhode Island infrastructure bank shall promulgate rules and regulations to effectuate the provisions of this section which may include, without limitation, forms for financial assistance applications, loan agreements, and other instruments. All rules and regulations promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of chapter 35 of title 42.  History of Section.P.L. 2015, ch. 141, art. 14,  1. 
 23-19.16-7. Expenses incurred by the department. In order to provide for the expenses of the department under this chapter, the agency shall transfer to the department an amount from the revolving fund equal to the amount authorized by the general assembly.  History of Section.P.L. 2015, ch. 141, art. 14,  1. 
 23-19.16-8. Severability. If any provision of this chapter or the application of this chapter to any person, corporations, or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 2015, ch. 141, art. 14,  1. 
 23-19.17-1. Definitions.  As used in this chapter: (1) Environmental justice focus areas means as defined by the DEM in SOP Number BEP-AWC-1, effective 6/26/09 and entitled, Policy for Considering Environmental Justice in the Review of Investigation and Remediation of Contaminated Properties, that states in part DEM mapped areas where the percent of the block group that is minority or the percent of the block group that is low-income (under two (2) times federal poverty level) are high enough to rank in the top fifteen percent (15%) of block groups state-wide. The census blocks meeting these criteria established by the DEM in SOP Number BEP-AWC-1 shall be designated environmental justice focus areas.  (2) Environmental justice municipality means any city or town that has, in whole or in part, one or more environmental justice focus areas.  (3) High-heat medical waste processing facility means a facility that:  (i) Generates electricity from the combustion, gasification, or pyrolysis of regulated medical waste;  (ii) Generates electricity from the combustion of fuel derived from the gasification or pyrolysis of solid waste, segregated regulated medical waste; or  (iii) Disposes of, processes, or treats regulated medical waste through combustion, gasification, pyrolysis, or any process that exposes waste to temperatures above four hundred degrees Fahrenheit (400oF).  (4) Open space means as defined in  45-22.2-4.  (5) Regulated medical waste means as defined in  23-19.12-3.  History of Section.P.L. 2021, ch. 334,  2, effective July 9, 2021. 
 23-19.17-2. Prohibition on new high-heat medical waste processing facilities.  Notwithstanding any other law, rule, or regulation to the contrary, no permit or license shall be issued for the construction or operation of a new high-heat medical waste processing facility, and no application for a permit or license for such a facility shall be granted or issued by the state if the facility:  (1) Is within two thousand feet (2,000) of any waters as defined in  46-12-1;  (2) Is within two thousand feet (2,000) of open space or any state management area, or park, or land held by any entity in trust for public use;  (3) Is within two thousand feet (2,000) of any floodplains, or flood hazard area as defined in  45-22.2-4;  (4) Is within one mile of a pre-existing public or private school providing education of any grades 1 through twelve (12), a college or university, a childcare center, a preschool, an assisted living facility, or a nursing facility;  (5) Is within one mile of any area zoned for residential use; or  (6) Is located in an environmental justice municipality.  History of Section.P.L. 2021, ch. 334,  2, effective July 9, 2021. 
 23-19.18-1. Plastic waste reduction act  Findings. [Effective within one year from rules promulgation or on January 1, 2024.] (1) Plastic pollution is dangerous to the health of our oceans and ocean species, contributes to climate change, and is a major component of unsightly litter both on our lands and in our waters;  (2) Plastics that enter the marine environment break down through wave action and sunlight into smaller pieces called microplastics, which can be ingested by marine life, putting Rhode Islands fishing industries and aquatic ecosystems at risks;  (3) Plastic bags and thin plastic films are the predominant contaminant of recycling loads in Rhode Island;  (4) Single-use plastic bags have severe environmental impacts on a local and global scale, including pollution of our waters, harm to marine and wildlife, greenhouse gas emissions, blocking storm drains, and creating litter;  (5) It is in the best interests of the health, safety, and welfare of citizens of and visitors to Rhode Island to protect our environment and our natural resources by reducing the distribution of single-use plastic checkout bags and incentivizing the use of reusable bags.  History of Section.P.L. 2022, ch. 176,  1; P.L. 2022, ch. 177,  1. 
 23-19.18-2. Definitions. [Effective within one year from rules promulgation or on January 1, 2024.] As used in this chapter, the following terms shall have the following meanings: (1) Department means the department of environmental management.  (2) Recyclable cardboard box means a box made of non-waxed cardboard or paper products.  (3) Recyclable paper bag means a paper bag that is one hundred percent (100%) recyclable including the handles, contains at least forty percent (40%) post-consumer paper content, and displays the words Recyclable and the percentage of post-consumer paper content in a visible manner on the outside of the bag. The term recyclable paper bag does not include paper carryout bags at restaurants.  (4) Retail sales establishment means any licensed enterprise where the sale or transfer to a customer of goods in exchange for payment occurs in a retail store, flea market, restaurant, or other food service establishment. Retail sales establishments do not include farmers markets, bazaars or festivals operated by nonprofit or religious institutions, yard sales, tag sales, or other sales by residents at their homes.  (5) Reusable bag means a bag with handles that are stitched and is specifically designed and manufactured for one hundred twenty-five (125) or more reuses, and is made primarily of washable cloth, other durable woven or nonwoven fabric, polyester, polypropylene, or other durable plastic with a minimum thickness of four (4.0) mils.  (6) Single-use plastic checkout bag means a carryout bag that is provided to the customer at the point of sale for the purpose of transporting groceries or other retail goods, and is made from compostable or non-compostable plastic and not specifically designed and manufactured for multiple re-use.  The term single-use plastic checkout bag does not include the following types of bag:  (i) Bags used by customers inside a business to package loose items, such as fruits, vegetables, nuts, ground coffee, grains, candies, or small hardware items;  (ii) Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or other items to contain dampness or prevent contamination of other goods;  (iii) Bags used to contain unwrapped prepared foods or bakery goods;  (iv) Newspaper bags for home newspaper delivery;  (v) Door-hanger bags;  (vi) Laundry, dry cleaning, or garment bags, including bags provided by hotels to guests to contain wet or dirty clothing;  (vii) Bags sold in packages containing multiple bags intended for household or commercial use to contain foods and for garbage, pet waste, or yard waste;  (viii) Bags used to contain live animals, such as fish or insects sold in pet stores; and  (ix) Bags provided to transport partially-consumed bottles of wine.  History of Section.P.L. 2022, ch. 176,  1; P.L. 2022, ch. 177,  1. 
 23-19.18-3. Prohibition on single-use plastic bag distribution. [Effective within one year from rules promulgation or on January 1, 2024.] (a) Retail sales establishments are prohibited from making available any bag that is not a reusable bag or recyclable paper bag, as defined by this chapter. Recyclable cardboard boxes, as defined in this chapter, may also be made available. This prohibition precludes providing any single-use plastic checkout bag or any paper checkout bag that is not a recyclable paper bag or a paper carryout bag at restaurants.  (b) Retail sales establishments and other entities that make deliveries of goods from retail sales establishments to customers are prohibited from delivering goods to customers in single-use plastic checkout bags and may deliver goods in recyclable paper bags, reusable bags, or recyclable cardboard boxes as defined by this chapter.  (c) To further promote the use of reusable shopping bags and reduce the quantity of single-use carryout bags entering the waste stream, retailers are authorized and encouraged to make reusable carryout bags available to the public, assisting financially impacted households to the greatest degree possible.  History of Section.P.L. 2022, ch. 176,  1; P.L. 2022, ch. 177,  1. 
 23-19.18-4. Enforcement and penalty. [Effective within one year from rules promulgation or on January 1, 2024.] (a) Responsibility and jurisdiction for enforcement shall be with municipalities and the department.  (b) Violations of any section of this chapter shall subject a retail sales establishment to penalties as set forth in this chapter.  (c) Penalties for violation of this chapter shall be as follows:  (1) One hundred dollars ($100) for the first violation in a calendar year;  (2) Two hundred dollars ($200) for the second violation in a calendar year; and  (3) Five hundred dollars ($500) for the third and any subsequent violation in a calendar year.  (d) All penalties collected by municipalities pursuant to this section shall be retained by the municipality.  History of Section.P.L. 2022, ch. 176,  1; P.L. 2022, ch. 177,  1. 
 23-19.18-5. Uniformity. [Effective within one year from rules promulgation or on January 1, 2024.] This chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable bags, single-use bags, and recyclable paper bags, as defined in this chapter, provided by a retail sales establishment, as defined in  23-19.18-2, and shall supersede any and all state and local laws, regulations, and ordinances in this field.  History of Section.P.L. 2022, ch. 176,  1; P.L. 2022, ch. 177,  1. 
 23-19.18-6. Rules and regulations. [Effective within one year from rules promulgation or on January 1, 2024.] The director is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter.  History of Section.P.L. 2022, ch. 176,  1; P.L. 2022, ch. 177,  1. 
 23-19.2-1. General regulations of cities and towns. The councils of the several cities and towns may make any rules and regulations that they shall deem necessary to regulate and control the construction, location, and maintenance of all places for keeping animals, may provide for the summary removal or reconstruction of these places that shall be deemed by them detrimental to the public convenience and welfare, and may make rules and regulations prescribing the time and manner of removing manure from them and for the driving of animals through the highways; and every person violating any ordinance, rule, or regulation made pursuant to this section, shall be fined fifty dollars ($50.00), to be recovered upon complaint and warrant before any district court to the use of the city or town where the violation shall occur.  History of Section.G.L. 1896, ch. 91,  20; G.L. 1909, ch. 107,  20; G.L. 1923, ch. 119,  20; G.L. 1938, ch. 601,  19; G.L. 1956,  23-19-1; P.L. 1967, ch. 116,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-1. 
 23-19.2-10. Penalties for breach of regulations. The city and town councils shall affix penalties for the breach of the rules and regulations made by them, not exceeding three hundred dollars ($300) fine, or six (6) months imprisonment, for any one offense, unless provided by law, the fine to inure one-half (12) of this amount to the use of the complainant, and one-half (12) of this amount to the use of the city or town.  History of Section.G.L. 1896, ch. 40,  14; G.L. 1909, ch. 50,  14; G.L. 1923, ch. 51,  14; G.L. 1938, ch. 333,  14; G.L. 1956,  23-2-3; P.L. 1968, ch. 142,  1; G.L. 1956,  23-19-10; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-10. 
 23-19.2-11. Percolation tests and ground water determinations. Whenever a percolation test and/or ground water determination is required on any property within this state, the registered professional engineer or registered surveyor conducting the tests shall notify the city or town engineering department where the tests are to be taken, in writing, of the date and location of the tests, at least seven (7) days prior to the taking of the tests.  History of Section.P.L. 1926, ch. 85,  1; G.L. 1923,  23-19-11; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-11. 
 23-19.2-2. Regulation of removal of night soil and cleaning of cesspools and septic tanks. The council of any city or town is authorized and empowered to make regulations for the removal and disposal of night soil and the contents of cesspools and septic tanks and the storing of stable manure in the city or town, may issue licenses to any person or persons for conducting the business of removing night soil and the contents of cesspools and septic tanks, may revoke or suspend the licenses issued for this purpose, and may fix the fee for these licenses; provided, that no license shall be issued by any city or town until the proposed location and means of disposal of these materials shall first have been approved in writing by the state director of health.  History of Section.G.L. 1896, ch. 91,  21; G.L. 1909, ch. 107,  21; G.L. 1923, ch. 119,  21; G.L. 1938, ch. 601,  20; G.L. 1956,  23-19-2; P.L. 1966, ch. 51,  1; P.L. 1967, ch. 116,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-2. 
 23-19.2-3. Violation of regulations. Any person violating any of the regulations or orders made by any city or town council under the provisions of  23-19.2-2 shall be fined not to exceed one hundred dollars ($100), or be imprisoned for a term not to exceed thirty (30) days, to be enforced on complaint and warrant in the district court.  History of Section.G.L. 1896, ch. 91,  22; G.L. 1909, ch. 107,  22; G.L. 1923, ch. 119,  22; G.L. 1938, ch. 601,  21; G.L. 1956,  23-19-3; P.L. 1967, ch. 116,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-3. 
 23-19.2-4. Order for removal of refuse, solid waste, filth, or nuisance  Penalty for failure to comply. Any city or town council may order the owner or occupant of any premises in the city or town to remove at his or her own expense any nuisance, refuse, solid waste, source of filth, or filth, found on these premises, within twenty-four (24) hours, or any other time as the council may deem reasonable, after the service of the notice as prescribed in  23-19.2-5; and if the owner or occupant neglects so to do, he or she shall be fined not exceeding fifty dollars ($50.00) for every day during which he or she knowingly permits the nuisance, refuse, solid waste, source of filth, or filth, to remain after the time prescribed for its removal, to be recovered to and for the use of the city or town.  History of Section.G.L. 1896, ch. 91,  1; G.L. 1909, ch. 107,  1; G.L. 1923, ch. 119,  1; G.L. 1938, ch. 601,  1; G.L. 1956,  23-19-4; P.L. 1967, ch. 116,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-4; P.L. 1985, ch. 57,  1. 
 23-19.2-5. Service of notice to remove refuse, solid waste, overgrowth or filth. (a) The notice shall be in writing signed by the city or town clerk or designee and served upon the owner or occupant in accordance with subdivision (1) or (2) as follows:  (1) The notice shall be served upon:  (i) An individual by delivering a copy of the notice to him or her personally or by leaving copies of the notice at his or her dwelling house or usual place of abode with some person of suitable age and discretion residing there or by delivering a copy of the notice to an agent authorized by appointment or by law to receive this notice;  (ii) Upon a person for whom a guardian or conservator has been appointed by serving copies of the notice upon this guardian or conservator;  (iii) Upon a public or private corporation, domestic or foreign, by delivering a copy of the notice to an officer, a managing or general agent, or by leaving a copy of the notice at the office of the corporation with a person employed there, or by delivering a copy of the notice to an agent authorized by appointment or by law to receive service of process.  (2) Notice shall be served by mailing a copy of the notice to the individual or corporation by regular and registered or certified mail, return receipt requested, or by any other method ordered by the court to give this individual or corporation notice of the action and sufficient time to prepare any defense.  (b) If two (2) notices of violation are unanswered, then the municipal court judge has discretion to hold the violator in default for any fine imposed.  History of Section.G.L. 1896, ch. 91,  2; G.L. 1909, ch. 107,  2; G.L. 1923, ch. 119,  2; G.L. 1938, ch. 601,  2; G.L. 1956,  23-19-5; P.L. 1967, ch. 116,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-5; P.L. 1985, ch. 57,  1; P.L. 1997, ch. 232,  1. 
 23-19.2-6. Removal of refuse, solid waste, or filth. If the owner or occupant fails to comply with the order, the city or town council may cause the nuisance, source of filth, refuse, solid waste, or filth to be removed; and all expenses incurred by the city or town shall be paid by the owner, occupant, or other person who caused or permitted the refuse, solid waste, or filth to be recovered in an action brought in the name of the city or town. Any expenses not paid within thirty (30) days after notice is served in accordance with  23-19.2-5 shall be a lien against the real property. The lien shall be recorded with the records of land evidence of the municipality, and the lien shall incur legal interest from the date of recording. The cost incurred by the city or town, plus the interest shall be added to the amount of taxes due on said real estate, if any. The tax collector of the city or town shall have the same powers and shall be subject to the same duties with respect to this claim as in the case of the annual taxes upon real estate, and the provisions of law relative to the collection of any annual taxes, the sale or taking of land for the nonpayment of these taxes and the redemption of this sold and taken land shall apply to this claim.  History of Section.G.L. 1896, ch. 91,  3; G.L. 1909, ch. 107,  3; G.L. 1923, ch. 119,  3; G.L. 1938, ch. 601,  3; G.L. 1956,  23-19-6; P.L. 1967, ch. 116,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-6; P.L. 1985, ch. 57,  1; P.L. 1997, ch. 321,  1. 
 23-19.2-7. Ordinances for abatement of nuisances. The city or town councils of the several cities and towns may pass any ordinances, not inconsistent with chapter 1 of title 10, as they may deem most effectual for the prevention, suppression, or abatement of any nuisance as is described in  11-30-1 or 11-30-2, or the councils may remove or cause to be removed the nuisance, in the manner provided by law for the removal of other nuisances.  History of Section.G.L. 1896, ch. 92,  6; G.L. 1909, ch. 108,  6; G.L. 1923, ch. 120,  6; G.L. 1938, ch. 601,  23; G.L. 1956,  23-19-7; P.L. 1967, ch. 116,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-7. 
 23-19.2-8. Notice to vacate unfit dwellings  Penalties for disobedience. The city and town councils of the several cities and towns when satisfied upon examination that any cellar, rooms, tenement, or building in its city or town, occupied as a dwelling place, has become, by reason of the number of occupants or want of cleanliness or other cause, unfit for occupation as a dwelling place or a cause of nuisance to the occupants or the public, may issue a notice in writing to the occupants or any of them, requiring the premises to be put in proper condition as to cleanliness, or, may require the occupants to remove or quit the premises, within any time as the council may deem reasonable. If these notified persons, or any of them, neglect or refuse to comply with the terms of the notice, the council may cause the premises to be properly cleansed at the expense of the owners, or may remove the occupants forcibly and close up the premises; and the premises shall not be occupied as a dwelling place without the consent and permission of the council. If the owner after this occupies, or knowingly permits the premises to be occupied, without permission and consent, the owner shall be fined not exceeding fifty dollars ($50.00) for each day of occupation, or permission to occupy the premises, to be recovered to and for the use of the city or town.  History of Section.G.L. 1896, ch. 91,  4; G.L. 1909, ch. 107,  4; G.L. 1923, ch. 119,  4; G.L. 1938, ch. 601,  4; G.L. 1956,  23-19-9; P.L. 1967, ch. 116,  1; G.L. 1956,  23-19-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.2-8. 
 23-19.2-9. Local regulations as to cattle. The town council of any town, or the city council of any city, may establish any regulations as they may deem proper in reference to cattle or other animals coming from outside this state by railroad, for the health and safety of the cattle and other animals, for preventing the obstruction of the public highways by them, for the safety of the people who may have occasion to use the highways, and with reference to the slaughtering or selling of the cattle or other animals, or the flesh of these, for human food, within the limits of their town or city.  History of Section.G.L. 1896, ch. 40,  13; G.L. 1909, ch. 50,  13; G.L. 1923, ch. 51,  13; G.L. 1938, ch. 333,  13; G.L. 1956,  23-2-2; P.L. 1968, ch. 142,  1; G.L. 1956,  23-19-9; P.L. 1979, ch. 39,  1; G.L. 1956,  23-29.2-9. 
 23-19.3.1-1. Purpose. The purpose of this chapter is: (1) to prevent the backflow of untreated sewage into residences which can cause damage to property, render the residence temporarily unfit for habitation and increase the risks to public health; and (2) to require new residential construction or substantially altered sewer connections to have check valves installed at the time of construction or alteration as a reasonable means of protecting public health and safety.  History of Section.P.L. 2006, ch. 580,  1. 
 23-19.3.1-2. Definitions. As used in this chapter: (a) Check valve means a mechanical valve that permits gases and liquids to flow in only one direction, preventing process flow from reversing.  (b) Dwelling unit means a structure or portion of a structure providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress as defined in subsection 45-24-31(24) of the Rhode Island general laws.  (c) New residential construction means new buildings or portions thereof to be occupied as dwelling units or buildings and portions thereof changed for residential occupancy.  (d) Substantially altered sewer connections means any existing sewer connection that is replaced or expanded for use by a dwelling unit.  History of Section.P.L. 2006, ch. 580,  1. 
 23-19.3.1-3. Mandatory installation of check valves. All new residential construction that will connect to a sanitary sewer system and any residential construction where the existing sewer connection will be substantially altered shall have a check valve installed, that is automatically activated, on the main building sewer line for purposes of protecting residents from the possible backflow of, and exposure to, untreated sewage.  History of Section.P.L. 2006, ch. 580,  1. 
 23-19.3.1-4. Enforcement. The local building official is authorized to enforce the provisions of this chapter pursuant to those enforcement duties in  23-17.3-108.1 and shall approve the connection to the sanitary sewer system only if a check valve has been installed. Such approval shall be consistent with the rules and regulations promulgated by the state building code standards committee in accordance with  23-19.3.1-5.  History of Section.P.L. 2006, ch. 580,  1. 
 23-19.3.1-5. Rules and regulations. The state building code standards committee shall adopt rules and regulations that will incorporate the standards in  23-19.3.1-3 and 23-19.3.1-4 into the state building code as established in chapter 23-27.3 of the Rhode Island general laws.  History of Section.P.L. 2006, ch. 580,  1; P.L. 2008, ch. 475,  58. 
 23-19.3-1. Repealed. History of Section.P.L. 1970, ch. 62,  1; G.L. 1956,  23-48-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.3-2; P.L. 1981, ch. 210,  1; G.L. 1956,  23-19.3-1; Repealed by P.L. 2015, ch. 141, art. 20,  20, effective June 30, 2015. 
 23-19.3-2. Repealed. History of Section.P.L. 1970, ch. 62,  1; G.L. 1956,  23-48-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.3-3; P.L. 1981, ch. 210,  1; G.L. 1956,  23-19.3-2; Repealed by P.L. 2015, ch. 141, art. 20,  20, effective June 30, 2015. 
 23-19.3-3. Repealed. History of Section.P.L. 1970, ch. 62,  1; G.L. 1956,  23-48-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.3-4; P.L. 1981, ch. 210,  1; G.L. 1956,  23-19.3-3; Repealed by P.L. 2015, ch. 141, art. 20,  20, effective June 30, 2015. 
 23-19.3-4. Repealed. History of Section.P.L. 1981, ch. 210,  1; Repealed by P.L. 2015, ch. 141, art. 20,  20, effective June 30, 2015. 
 23-19.3-5. Repealed. History of Section.P.L. 1970, ch. 62,  1; G.L. 1956,  23-48-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.3-5; P.L. 1979, ch. 351,  8; P.L. 1986, ch. 388,  1; P.L. 2001, ch. 77, art. 14,  31; P.L. 2007, ch. 73, art. 39,  18; P.L. 2012, ch. 241, art. 9,  43; Repealed by P.L. 2015, ch. 141, art. 20,  20, effective June 30, 2015. 
 23-19.3-6. Repealed. History of Section.P.L. 1970, ch. 62,  1; G.L. 1956,  23-48-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.3-6; Repealed by P.L. 2015, ch. 141, art. 20,  20, effective June 30, 2015. 
 23-19.3-7. Repealed. History of Section.P.L. 1989, ch. 126, art. 26,  19; Repealed by P.L. 2015, ch. 141, art. 20,  20, effective June 30, 2015. 
 23-19.3-8. Repealed.
 23-19.3-9. Repealed.
 23-19.4-1. Licenses  Applications. (a) No person, firm, corporation, partnership, or association shall engage in the business of pumping, cleaning, and/or transporting septage, industrial wastes, or oil waste unless a license is obtained from the department of environmental management.  (b) Any person, firm, corporation, partnership or association who desires to engage in such a business shall submit in writing in such form as is required by the department, an application for a license to engage therein.  History of Section.P.L. 1970, ch. 238,  1; P.L. 1978, ch. 131,  4; G.L. 1956,  23-49-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.4-1. 
 23-19.4-2. License fee  Expiration. Upon an application being approved, the department of environmental management shall issue a license to the applicant for a reasonable fee to cover the costs of administration. All licenses shall expire on June 30 of each year unless sooner suspended or revoked, and shall be renewable at a reasonable annual fee to cover the costs of administration.  History of Section.P.L. 1970, ch. 238,  1; P.L. 1978, ch. 131,  4; G.L. 1956,  23-49-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.4-2. 
 23-19.4-3. Rules and regulations. The director of the department of environmental management shall have full power to make orders regulating the methods and equipment employed in the cleaning operations, the disposal of waste, and for the enforcement of this chapter.  History of Section.P.L. 1970, ch. 238,  1; P.L. 1978, ch. 131,  4; G.L. 1956,  23-49-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.4-3. 
 23-19.4-4. Penalty. Any person who willfully fails to comply with the provisions of this chapter shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than thirty (30) days or both.  History of Section.P.L. 1970, ch. 238,  1; P.L. 1978, ch. 131,  4; G.L. 1956,  23-49-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.4-4. 
 23-19.4-5. Orders  Hearings  Appeals. All compliance orders of the director of the department of environmental management and their enforcement, and all hearings and appeals by a person aggrieved by an order of the director, including his or her failure to issue a license authorized by this chapter, shall be in accordance with the provisions of  42-17.1-2 and chapter 35 of title 42.  History of Section.P.L. 1970, ch. 238,  1; P.L. 1978, ch. 131,  4; G.L. 1956,  23-49-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.4-5. 
 23-19.5-1. When test and determination and/or data required  Filing of results. (a) No parcel of real property that is not readily accessible to a public sewer system shall be advertised or represented as being for sale or other transfer or conveyance as a buildable, or developable property, so called, unless the seller shall first apply for and receive from the department of environmental management either a valid certification of the propertys suitability for development as part of a subdivision or a valid approval for the installation of an individual sewage disposal system(s) on the property.  (b) A public sewer shall be presumed to be readily accessible to a parcel of property if it is located within two hundred (200) feet of any property line of the parcel of property.  (c) Nothing in this section shall prohibit a person from selling a parcel of property as raw land, so called, without making any representations as to its ability to be developed. In this case, the seller shall, at the first available opportunity, expressly advise any prospective buyer that the property has not been certified for development as part of a subdivision or approved by the department of environmental management as being suitable for the on-site disposal of sanitary sewage or other liquid waste. When conveying property in this manner, a seller shall not accept any offer, sign any purchase and sale agreement, complete any closing or enter into any other agreement for transfer or conveyance of property without requiring the buyer to acknowledge, in writing, that the property has not been approved by the department of environmental management as being suitable for the on-site disposal of sanitary sewage or other liquid waste.  History of Section.P.L. 1976, ch. 269,  1; P.L. 1977, ch. 182,  10; G.L. 1956,  23-55-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.5-1; P.L. 1992, ch. 266,  1. 
 23-19.5-2. Certification by department of environmental management. (a) Prior to advertising or representing any parcel of property as being for sale or other transfer or conveyance as a buildable or developable property, so called, the seller shall cause a registered professional engineer or registered professional land surveyor to submit and receive approval of any applications, plans, specifications, fees, percolation tests, groundwater table elevation determinations and other compilations of information as may be required by the department of environmental management in order to certify the propertys suitability for development as a subdivision or to approve or renew an approval for the installation of an individual sewage disposal system on the property. No building shall be erected on the property after this unless an approval for the installation of an individual sewage disposal system has been issued and remains valid in accordance with the rules and regulations of the department of environmental management.  (b) No subdivision certification or approval or renewal for the installation of an individual sewage disposal system shall be issued by the department unless the application for this certification, approval or renewal is accompanied by valid tests, determinations, and/or data in accordance with this chapter.  (c)(1) All tests, determinations and/or data necessary for the design and installation of an individual sewage disposal system, compiled by a registered professional engineer or registered professional land surveyor after January 1, 1992 and certified in accordance with subsection (a) shall be considered valid, provided that at the time of application to install, construct or alter a system using these tests, determination, and/or data, that a registered professional engineer or registered professional land surveyor shall present to the department of environmental management an affidavit, in a form satisfactory to the department, stating that the tests, determinations and/or data are still valid and that there have been no significant changes to the property and/or surrounding properties that would adversely affect the validity of the tests, determinations, and/or data previously obtained and/or submitted.  (2) All tests, determinations and/or data necessary for the design and installation of an individual sewage disposal system, compiled by a registered professional engineer or registered professional land surveyor between July 21, 1987 and January 1, 1992 certified in accordance with subsection (a) shall be considered valid provided that at the time of application to install, construct, alter, or repair a system using the tests, determinations, and/or data, that a registered professional engineer or registered professional land surveyor shall present an affidavit, in form satisfactory to the department of environmental management, stating that the tests, determination and/or data are still valid and that there have been no significant changes to the property and/or surrounding properties that would adversely affect the validity of the tests, determinations, and/or data previously obtained and/or submitted; provided, however, that the director of the department of environmental management reserves the right to require additional tests, determinations and/or data for the design and installation upon the finding of good cause.  (d) When a person seeks to both renew tests, determinations, or data that have been relied upon by the department of environmental management in approving an application and seeks also to renew the approval, the application for renewal of the approval and tests, determinations and/or data shall be accompanied by the affidavit of a registered professional engineer or registered professional land surveyor, as described in subsection (c) of this section, and new or revised plans and specifications for the previously approved sewage disposal system that meet the departments current regulatory requirements.  History of Section.P.L. 1976, ch. 269,  1; P.L. 1977, ch. 182,  10; G.L. 1956,  23-55-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.5-2; P.L. 1992, ch. 266,  1; P.L. 1995, ch. 78,  1. 
 23-19.5-3. Costs of tests and determinations. Except as agreed to between the parties to a sale, the cost of the tests and determinations shall be borne by the buyer in the event that the sale is consummated. If the sale is not consummated for the reason that the department can make no certification, the cost of the tests and determinations shall be borne by the seller.  History of Section.P.L. 1976, ch. 269,  1; G.L. 1956,  23-55-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.5-3. 
 23-19.5-4. Keeping of records  Regulations. The department of environmental management shall keep the records of all percolation tests, ground water table elevation determinations performed, and also a record of all other required information for a period of at least fifteen (15) years. The director of environmental management may promulgate any rules and regulations as the director may deem necessary for the proper implementation of the provisions of this chapter. The director may authorize licensed designers of individual sewage disposal systems to make submittals under this chapter.  History of Section.P.L. 1976, ch. 269,  1; P.L. 1977, ch. 182,  10; G.L. 1956,  23-55-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.5-4; P.L. 1996, ch. 273,  3; P.L. 1996, ch. 291,  3. 
 23-19.5-5. Exclusion of certain property. The requirements of this chapter shall not apply to any conveyance if the deed contains an express condition that the parties to it covenant that no building will be erected on this land during ownership by the grantee which will require sanitary sewage disposal, and a statement to that effect is filed with the department of environmental management. These requirements shall not apply to that portion of any tract of land in the conveyance upon which no building is to be erected.  History of Section.P.L. 1976, ch. 269,  1; P.L. 1977, ch. 182,  10; G.L. 1956,  23-55-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.5-5; P.L. 2001, ch. 86,  88. 
 23-19.5-6. Waiver. All of the requirements of this chapter may be expressly waived in writing by all parties to a conveyance, provided the written waiver is executed by all parties to the sale and the waiver is filed with the department of environmental management prior to the transfer of the property.  History of Section.P.L. 1976, ch. 269,  1; P.L. 1977, ch. 182,  10; G.L. 1956,  23-55-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.5-6. 
 23-19.5-7. Violation  Penalty. Anyone found guilty of falsifying data or presenting misleading information to the department of environmental management shall be guilty of a misdemeanor.  History of Section.P.L. 1976, ch. 269,  1; P.L. 1977, ch. 182,  10; G.L. 1956,  23-55-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19.5-7. 
 23-19.5-8. Violation  Rescission of real estate sale. Any person aggrieved or injured by the purchase of real property based on tests or data which are false or misleading, shall have the right to bring a court action within two (2) years after the fact becomes known to him or her, to rescind the sale and to be reimbursed the purchase price and costs directly incurred as a result of the false or misleading data.  History of Section.P.L. 1976, ch. 269,  1; G.L. 1956,  23-55-8; P.L. 1979, ch. 39,  1: G.L. 1956,  23-19.5-8. 
 23-19.5-9.1. Applicability of the 1995 amendments. Upon June 20, 1995, this section shall be applicable to all existing and future approvals of individual sewage disposal system applications, renewals, tests, determinations and/or data. Tests, determinations and/or data shall be considered valid for a period of five (5) years from the time of initial certification of this data by the department of environmental management or five (5) years from the date of initial approval by the department of environmental management of any individual sewage disposal system application design or individual sewage disposal system subdivision suitability where the tests, determinations and/or data were used, whichever occurred most recently. At any time after the initial five (5) year period all persons may renew their tests, determinations and/or data by submitting to the department of environmental management:  (1) An affidavit by a registered professional engineer or registered land surveyor in accordance with subsection (c) of  23-19.5-2; and  (2) New or revised plans and applications for the proposed sewage disposal system that meet the departments current regulatory requirements.  History of Section.P.L. 1995, ch. 78,  2. 
 23-19.5-9. Applicability of 1992 amendments. On July 21, 1992, this section shall affect existing approvals, renewals, tests, determinations, and/or data as follows:  (1) All persons possessing valid, existing approvals that are based upon tests, determinations and/or data which will be more than five (5) years old at the time of the expiration of this approval may renew their tests, determinations and/or data for one five (5) year term by submitting to the department of environmental management a timely application for renewal, along with:  (i) An affidavit by a registered professional engineer or registered professional land surveyor, in a form satisfactory to the department, stating that the tests, determinations and/or data are still valid and that there have been no significant changes to the property and/or surrounding properties that would adversely affect the validity of the tests and data previously submitted; and  (ii) New or revised plans and specifications for the previously approved sewage disposal system that meet the departments current regulatory requirements.  (2) All tests, determinations and/or data that were compiled more than five (5) years prior to July 21, 1992 but subsequent to January 1, 1985, shall be considered valid to support a new application for approval of an individual sewage disposal system if the application is accompanied by the affidavit of a registered professional engineer or registered professional land surveyor, as described in subdivision (1)(i), and received by the department of environmental management within one hundred fifty (150) days of July 21, 1992. All tests, determinations and/or data qualifying for this exception shall be valid for five (5) years from the date of the approval of this application and shall not be subject to renewal.  History of Section.P.L. 1992, ch. 266,  2. 
 23-19.6-1. Title. This chapter shall be known and may be cited as the Used Oil Recycling Act. History of Section.P.L. 1980, ch. 22,  1. 
 23-19.6-2. Legislative findings. The legislature finds that over two million gallons (2,000,000 gals.) of used oil are generated each year in the state, less than half of which is presently reclaimed; that used oil is an increasingly valuable and scarce resource that can and should be recycled; and that legislation is needed to prevent the wasteful disposal of oil which causes economic loss and, when improperly disposed of, pollution of air, land, and water which endangers the public health and welfare.  History of Section.P.L. 1980, ch. 22,  1. 
 23-19.6-3. Policy. It shall be the policy of the state to encourage the collection and recycling of oil to the maximum extent possible, by means which are economically feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, preserve, and enhance the quality of human and natural environments, and protect public health and welfare.  History of Section.P.L. 1980, ch. 22,  1. 
 23-19.6-4. Definitions. As used in this chapter: (1) Director means the director of the department of environmental management;  (2) Person means any individual, private or public corporation, partnership, cooperative, association, estate, municipality, political or jurisdictional subdivision, or government agency or instrumentality;  (3) Recycle means to prepare used oil for reuse as a petroleum product by refining, re-refining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product made from new oil; provided, that the preparation or use is operationally safe, environmentally sound, and complies with all laws and regulations;  (4) Used oil means a petroleum based oil which, after sale to a consumer, through use, storage, or handling has become unsuitable for its original purpose and is suitable for recycling, and furthermore, is regulated under the Hazardous Waste Management Act of 1978, chapter 19.1 of this title, and the regulations promulgated pursuant to that act.  History of Section.P.L. 1980, ch. 22,  1; P.L. 2000, ch. 268,  1. 
 23-19.6-5. Prohibited conduct. No person shall collect, transport, transfer, store, recycle, use, or dispose of used oil by discharge to sewers, drainage systems, surface or ground water, watercourses, or marine waters, or by incineration or deposit on land, unless in accordance with the Hazardous Waste Management Act, chapter 19.1 of this title, the Water Pollution Law, chapter 12 of title 46, and the Clean Air Act, chapter 23 of this title, and any regulation promulgated pursuant to them.  History of Section.P.L. 1980, ch. 22,  1; P.L. 2008, ch. 475,  59. 
 23-19.6-6. Public education program. The director shall conduct a public education program to inform the public of the need for and the benefits of collecting and recycling used oil in order to conserve resources and preserve the environment. As part of this program, the director shall:  (1) Require persons regularly engaged in the business of selling lubricating or other oil in containers for use off the premises to post and maintain, at or near the point of display or sale, durable and legible signs informing the public of the illegality of improper disposal of used oil, and how and where used oil may be properly disposed of, including, whenever feasible, locations and hours of operation of conveniently located collection facilities;  (2) Establish, maintain, and publicize a used oil information center that will explain local, state, and federal laws and regulations governing used oil, and will inform holders of quantities of used oil on how and where and in what manner used oil may be properly disposed of;  (3) Encourage the use of labeling for oil containers and/or distribution of informational material with oil as it is sold, to inform the user of the importance of proper collection and disposal of used oil.  History of Section.P.L. 1980, ch. 22,  1. 
 23-19.6-7. Collection facilities. The director shall designate Rhode Island state motor vehicle inspection facilities and any other facilities it deems appropriate which are safe and conveniently located and which agree to serve as collection facilities for the deposit of used oil, at no cost to a person making the deposit. Each designated facility shall post and maintain a durable and legible sign readily visible in an appropriate place which indicates the facility is designated as a used oil disposal location. The designated facility shall install and maintain on the premises used oil collection containers, properly sheltered and protected to prevent spillage, seepage, or discharge of the used oil, and of sufficient size to handle returns of used oil and used oil containers. Each designated facility regularly shall remove and dispose or have removed and disposed by used oil collectors, the accumulated oil in a manner as required by law.  History of Section.P.L. 1980, ch. 22,  1. 
 23-19.6-8. Sale of recycled oil products. A person may represent any product made in whole or in part from used oil to be substantially equivalent to a product made from new oil for a particular end use, if substantial equivalency has been determined in accordance with rules prescribed by the federal trade commission under the federal Energy Policy and Conservation Act, 42 U.S.C.  6201 et seq., or if the product conforms fully with the specifications applicable to that product made from new oil.  History of Section.P.L. 1980, ch. 22,  1; P.L. 2008, ch. 475,  59. 
 23-19.6-9. State procurement of recycled oil products. All officials of this state shall encourage the purchase of recycled oil products represented as substantially equivalent to products made from new oil in accordance with  23-19.6-8 of this chapter.  History of Section.P.L. 1980, ch. 22,  1. 
 23-19.7-1. Short title. This chapter shall be known as and may be cited as the Hazardous Waste Management Facilities Act.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-10. Siting and impact agreements  Arbitration  Appeals. (a) If on or after ninety (90) days following the establishment of a local assessment committee or issuance of state permits required under the Hazardous Waste Management Act, chapter 19.1 of this title, whichever is later, the developer or the chief elected official of the host or neighboring community finds that an impasse exists in the negotiation or ratification of a siting or impact agreement, either party to the impasse may invoke the binding arbitration provisions of this section; provided, that the developer or the host community may defer arbitration until the completion of negotiations or arbitration between the developer and a neighboring community. The arbitration shall be limited to only those issues remaining in dispute between the host or neighboring community and the developer, and shall not affect conditions or limitations attached to state permits issued under the Hazardous Waste Management Act, chapter 19.1 of this title.  (b)(1) Within thirty (30) days after binding arbitration is invoked by either party to a negotiating impasse, an arbitration panel shall be established. This panel shall be comprised of three (3) arbitrators, one selected by the developer, one selected by the local assessment committee, and a third, who shall act as chairperson selected jointly by the developer and the community.  (2) If there is no agreement on a third arbitrator within thirty (30) days after the two (2) parties have appointed their respective arbitrators, or if they choose by mutual agreement, either party may file a demand for arbitration and appointment of the third arbitrator by the American arbitration association.  (3) The arbitration panel shall, within forty-five (45) days after establishment, resolve the issues in dispute between the community and the developer. By mutual agreement, the parties to the negotiating impasse may extend the time permitted for the conduct of arbitration.  (4) In the event that the parties mutually resolve each of the issues in dispute and agree to be bound, they may at any time prior to the final decision of the arbitration panel request that the arbitration proceedings be terminated or that the settlement be incorporated into the arbitration award. The panel acting through its chairperson shall then terminate the proceedings.  (5) No siting or impact agreement submitted to arbitration shall be awarded unless and until the arbitrator(s) find by a preponderance of evidence that:  (i) The developer has the financial capacity to undertake the project, including the ability to properly build and operate the proposed facility and obtain performance bonds or liability insurance, as may be required;  (ii) No burden will be imposed upon the municipality with respect to the provision of additional public services, including equipment, facilities, personnel or skills, except to the extent that these are compensated for by the developer;  (iii) The design of the facility complies with applicable community standards for the site for which the facility is proposed;  (iv) The facility poses no significantly greater danger to the public health or safety due to fire, explosion, pollution, discharge of hazardous substances, or other construction or operational factors than is presented by the operation of other state-of-the-art industrial and commercial enterprises utilizing similar processes, but not engaged in the treatment, processing, or disposal of hazardous waste.  (6) The siting or impact agreement shall consist of all terms and conditions agreed to by the developer and the host or neighboring community and any additional terms or conditions imposed by the arbitrators on the basis of the findings described in this section.  (7) The arbitrators shall award reasonable costs to the host community incurred for assessments, negotiations, and arbitration conducted pursuant to this chapter.  (8) The arbitrators award and any terms or conditions attached to the award shall be final and binding on all parties to it.  (c)(1) Either party to an arbitrators decision may within thirty (30) days appeal the decision to the superior court.  (2) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the arbitrator, not shown in the record, proof on it may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.  (3) The court shall not substitute its judgment for that of the arbitrator as to the weight of the evidence on questions of fact. The court may affirm the decision of the arbitrator or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:  (i) In violation of constitutional or statutory provisions;  (ii) In excess of the statutory authority of the arbitrator;  (iii) Made upon unlawful procedure;  (iv) Affected by other error of law;  (v) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or  (vi) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-11. Provisions of Hazardous Waste Management Act applicable. Insofar as the terms and conditions of a siting or impact agreement address mitigation of impacts also subject to the provisions of the Hazardous Waste Management Act, chapter 19.1 of this title, these terms and conditions shall become attached to and enforceable as conditions of any state permit issued pursuant to that chapter.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-12. Public access to records. Siting and impact agreements in their entirety and all documents and records related to these agreements shall be open to public inspection at a convenient location during normal business hours, and shall be subject to other provisions of chapter 2 of title 38.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-13. Relation of compensation under siting and impact agreements to state aid. No compensation or financial benefits, other than taxes on real or personal property, received by a host or neighboring community under a siting or impact agreement, shall be included in the calculation of any state aid or assistance to the community.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-14. Inconsistent provisions. If the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, the provisions of this chapter shall be controlling.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-15. Liberal construction  Severability. (a) The provisions of this chapter shall be interpreted and construed liberally in aid of its declared purpose. If any provisions of this chapter, or of any rule or regulation issued under this chapter, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation issued under this chapter, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation shall not be affected by the invalidity.  (b) The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-2. Legislative findings, policy, and intent. The general assembly recognizes and declares that the people of the state desire to promote high standards of human health and a clean and wholesome environment; that industries within the state generate hazardous wastes in the course of their operations and have difficulty in obtaining appropriate hazardous waste management services at reasonable costs; that a shortage of environmentally acceptable and reasonably available hazardous waste management facilities threatens to undermine the high standards of human health, the clean and wholesome environment, and the continued economic growth which the people of the state desire to promote; that the technology and management practices presently exists to manage hazardous wastes without unacceptable risk to public health or the environment; and that it is necessary that a hazardous waste management facility siting process be established which protects the interests of all the states citizens.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-3. Definitions. The following words and phrases have the meanings ascribed to them in this section unless the context clearly indicates otherwise:  (1) Chief elected official means the mayor, elected city or town administrator or, in the absence of these officials, the city or town council president.  (2) Chief executive officer means the mayor, elected city or town administrator, appointed city or town manager or administrator, or, in the absence of these officials, the city or town council president.  (3) Compensation, in the context of a siting or impact agreement, means any money, thing of value or economic benefit conferred by the developer on any city, town, or person under the terms and conditions specified in the siting or impact agreement established pursuant to this chapter.  (4) Developer means any person who proposes to site, construct, substantially alter, or operate a hazardous waste management facility as defined in this section.  (5) Generator means any hazardous waste generator as the term is defined for the purposes of the Hazardous Waste Management Act, chapter 19.1 of this title.  (6) Hazardous waste means hazardous waste as the term is defined for purposes of the Hazardous Waste Management Act, chapter 19.1 of this title.  (7) Hazardous waste management facility means hazardous waste management facility as that term is defined for purposes of the Hazardous Waste Management Act, chapter 19.1 of this title.  (8) Host community means a city or town of the state in which a developer proposes to site, construct, substantially alter, or operate a hazardous waste management facility.  (9) Impact agreement means a contract negotiated between, binding upon, and enforceable against a developer and a neighboring community as defined in this section. This agreement may address mitigation of or compensation for impacts likely to be experienced by a neighboring community as a consequence of the siting, construction, operation, or alteration of a hazardous waste management facility.  (10) Local assessment committee means a body established by a host or neighboring community for the specific purpose of negotiating a siting or impact agreement with a hazardous waste management facility developer.  (11) Local governing body means any town or city council, commission or other elective governing body now or after this vested by state statute, charter, or other law, with jurisdiction to initiate and adopt local ordinances.  (12) Neighboring community means a city or town which shares a common border with a host community as defined in this section, or which, absent a common border, lies in whole or in part within a one-mile radius of the lot or lots on which a developer proposes to site, construct, substantially alter, or operate a hazardous waste management facility.  (13) On-site means conducted at facilities which are located on property contiguous to or divided only by a public or private way from the source of generation, and which are solely owned and operated by the source and operated exclusively for the management of hazardous waste generated by the source.  (14) Person means an individual, trust, firm, joint stock company, or corporation (including a government or public corporation, political subdivision of a state, local government body, any interstate body or any local, state, or federal agency).  (15) Public drinking water supply aquifer means a groundwater reservoir and recharge area or areas which supplies or has been shown by competent hydrologic and water quality analysis to be capable of supplying water to any public water supply system as defined by the department of health under  46-13-2.  (16) Public drinking water supply reservoir means a surface water body and related watershed area which supply water to any public water supply system as defined by the department of health under  46-13-2.  (17) Siting agreement means a contract negotiated between, binding upon, and enforceable against a developer and a host community. This agreement may address any of a variety of issues of mutual concern including, but not limited to, the mitigation of or compensation for impacts likely to be experienced by the host community as a consequence of the siting, construction, operation, or alteration of a hazardous waste management facility.  (18) State means the state of Rhode Island.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-4. Permitted use in areas zoned for process manufacturing  Regulation of uses in certain other areas. (a) Hazardous waste management facilities, other than landfills and underground injection wells, shall be a permitted use on any locus zoned for industrial use involving manufacturing processes.  (b) Cities and towns shall not change the zoning designation of any locus zoned for industrial use involving manufacturing processes, after an application for a hazardous waste management facility permit pursuant to the Hazardous Waste Management Act, chapter 19.1 of this title, has been submitted. Cities and towns may change the zoning designation of a locus zoned for industrial use involving manufacturing processes, after an application for a hazardous waste management facility pursuant to the Hazardous Waste Management Act, chapter 19.1 of this title, has been withdrawn or denied and avenues of appeal have been exhausted or waived.  (c) Cities and towns may by ordinance prohibit or regulate or restrict the use of landfills or underground injection wells as a means for hazardous waste disposal or management.  (d) Cities and towns may, prior to a developer applying for a permit under the Hazardous Waste Management Act, chapter 19.1 of this title, and on the basis of competent hydrologic and water quality analysis, prohibit, or regulate by ordinance the siting of hazardous waste management facilities subject to the provisions of this chapter in the watershed of a public drinking water supply reservoir or in the recharge area of a groundwater acquifer which supplies or has been shown to be capable of supplying a public drinking water system.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-5. Siting and impact agreement required  Exceptions. (a)(1) No hazardous waste management facility shall be located or operated in any community nor shall any local permit for construction or substantial alteration of the facility be issued unless there is in force a siting agreement between the host community and the developer and, if required under this chapter, an impact agreement between a neighboring community and the developer.  (2) No hazardous waste management facility shall be located or operated in any community on property owned or leased by the state or any agency, corporation, or commission of the state, unless there is in force a siting agreement between the host community and the developer and, if required under this chapter, an impact agreement between a neighboring community and the developer.  (b) No siting and/or impact agreement shall be required of facilities for the management of hazardous waste which are generated on site as the term is defined under  23-19.7-3(13), except under the following circumstances:  (1) Where the generator imports and employs hazardous wastes generated in another place as a feedstock; or  (2) Where changes in the management of hazardous waste generated on site require a new permit or amendment to an existing permit issued under the Hazardous Waste Management Act of 1978, chapter 19.1 of this title, and where, as a result, there is a significant increase in the risks to the public health and safety or to the environment beyond that associated with the generators normal activities. Findings of significantly increased risk from any changes in the management of hazardous waste generated on site may be made by mutual agreement between the hazardous waste generator and the host community or by declaratory judgment obtained in superior court by either party.  (c) Nothing in this section shall be deemed to require a siting or impact agreement for a hazardous waste management facility in existence at the time of passage of this chapter which complies with the requirements and provisions of the Hazardous Waste Management Act of 1978, as amended, and which complies with all local requirements; provided, that any modification of hazardous waste management practices which requires a new permit or amendment to an existing permit issued under the Hazardous Waste Management Act of 1978, as amended, shall be subject to the provisions of this chapter.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-6. Local assessment committees  Constitution, powers, and duties. (a) For purposes of negotiating siting and impact agreements, local assessment committees shall be constituted by host and any neighboring communities no later than forty-five (45) days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility under the provisions of the Hazardous Waste Management Act, chapter 19.1 of this title. The committee shall consist of no less than five (5) nor more than nine (9) members, including the chief executive officer, the city or town council president, or if either the council president is the chief executive officer or chooses not to serve on the local assessment committee, another member of the council chosen by the council, the chairperson of the planning commissions, and not less than two (2) public members appointed by the chief elected official, at least one of whom shall be knowledgeable in environmental matters by reason of training or experience.  (b) The local assessment committee shall have the following powers and duties:  (1) To establish any rules and procedures that may be necessary to carry out its function and perform its duties;  (2) To represent generally the best interest of the community in all negotiations with the developer of a proposed hazardous waste facility;  (3) To negotiate with the developer the detailed terms, provisions, and conditions of a siting or impact agreement to protect the public health, the public safety, and the environment of the community, and to promote the fiscal welfare of the community through special benefits and compensation;  (4) To conduct a public hearing or hearings for the purpose of soliciting public comments on any proposed siting or impact agreement prior to entering into this agreement on behalf of the community;  (5) To enter into a contract subject to ratification of the local legislative body where required by ordinance, charter, or the public laws, binding upon the community, and enforceable against the developer and the community in any court of competent jurisdiction notwithstanding any charter provision or public law, the town council of any town or the city council of any city may require by ordinance that any siting or impact agreement contract negotiated with a developer shall be subject to council ratification;  (6) To expend funds received from the developer, any federal or state grants, and any other funds as the host community may appropriate to pay costs incurred by the committee for participation in the hazardous waste management facility siting process established by this chapter.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-7. Developer to compensate host community for reasonable costs. (a) Reasonable costs incurred by the host community for the purpose of discharging its powers and duties under this chapter including, but not limited to, conducting studies or assessments, hiring expert witnesses, conducting negotiations, and participating in arbitration, shall be chargeable to the developer of a proposed hazardous waste management facility as follows:  (1) An amount not less than ten thousand dollars ($10,000) nor more than one percent (1%) of the gross and inclusive development cost of the proposed facility up to a maximum of one hundred thousand dollars ($100,000) shall be paid to an account for disbursement by the local assessment committee within five (5) working days of its establishment.  (2) In negotiating a siting agreement with the hazardous waste facility developer, the host community may request reimbursement for reasonable costs incurred by the local assessment committee in excess of those compensated for by the initial payment required in subsection (a)(1); provided, that the amount of the reimbursement shall be subject to binding arbitration under  23-19.7-10(b)(7).  (b) The host community shall return to the developer any unexpended funds plus interest earned received under subsection (a)(1) within a reasonable period of time after a siting agreement is concluded or binding arbitration completed.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-8. Siting agreements. (a) The local siting agreement shall specify the terms, conditions, and provisions under which a hazardous waste management facility shall be sited, constructed, operated, maintained and/or altered, including, but not limited to, the following terms, conditions, and provisions:  (1) Facility construction, maintenance, closure, and post-closure procedures;  (2) Operating procedures and practices, the design of the facility and its associated activities;  (3) Monitoring procedures and practices necessary to assure and continue to demonstrate that the facility will be operated safely;  (4) The services to be provided the developer by the host community;  (5) The compensation, services, and special benefits that will be provided to the host community by the developer, and the timing and conditions of their provision;  (6) Any provisions for tax prepayments or accelerated payments, or for payments in lieu of taxes;  (7) Provisions for renegotiation of any of the terms, conditions, or provisions of the siting agreement subject to the provisions of this chapter;  (8) Provisions for resolving any disagreements in the construction and interpretation of the siting agreement that may arise between the parties;  (9) Provisions for direct monetary payments from the developer to the host community in addition to payments for taxes and special services and compensation for demonstrable adverse impacts;  (10) Provisions to assure the health, safety, comfort, convenience, and social and economic security of the host community and its citizens;  (11) Provisions to assure the continuing economic viability of the project;  (12) Provisions to assure the protection of the environment and natural resources including existing and potential drinking water sources; and  (13) Provisions for reimbursement by the developer to the host community of reasonable costs associated with assessment, negotiation, and arbitration of a siting agreement.  (b) The local siting agreement shall specify the terms, conditions, and provisions, if any, under which it may be assigned to a party other than the signatory developer.  (c) The duration of a siting agreement shall be negotiable, but in no case may it exceed twenty (20) years, at which time it shall be open to renegotiation at the initiative of either party.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.7-9. Impact agreements. (a)(1) A neighboring community, as defined in  23-19.7-3(12), may, upon a showing of probable and significant adverse impact, in accordance with the standards procedures enumerated under subsections (c) and (d), enter into an impact agreement with a hazardous waste management facility developer as provided for under this section, and may establish a local assessment committee as provided for under  23-19.7-6 for this purpose.  (2) The impact agreement may as a matter of right address in its terms, conditions, and provisions the mitigation of or compensation for those adverse health, safety, environmental, and fiscal impacts which are shown by the neighboring community to be likely and significant.  (3) The impact agreement shall specify the terms, conditions, and provisions, if any, under which it may be assigned to a party other than the signatory developer.  (4) A neighboring community shall notify the developer that it anticipates significant adverse impacts within forty-five (45) days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility under the provisions of the Hazardous Waste Management Act, chapter 19.1 of this title. This requirement may be waived by mutual agreement of the developer and the neighboring community.  (b) No hazardous waste management facility shall be sited, constructed, operated, substantially altered, or maintained unless an impact agreement shall first have been established by the developer and any neighboring community which makes the required showing of probable and significant adverse impact.  (c) A showing of probable and significant adverse impact shall require that the neighboring community:  (1) Identify and describe the type, nature, and extent of adverse impacts anticipated and the reason why; and  (2) Identify and describe the alleged relationship of the proposed hazardous waste management facility, its construction, alteration, or operation, to the anticipated adverse impacts.  (d)(1) The neighboring community and the hazardous waste management facility developer may by mutual agreement find that significant adverse impacts are probable as the result of siting, constructing, operation, or alteration of the proposed facility. In this case, arbitration such as that provided for under this section, shall not be necessary, and the parties may proceed directly to the negotiation of an impact agreement.  (2) Where the mutual agreement is not forthcoming, an arbitration panel shall be established within thirty (30) days after the neighboring community notifies the developer that it anticipates significant adverse impacts as a result of the developers proposal. This panel shall have the sole responsibility for determining whether and on what issues a showing of probable and significant adverse impact has been successfully made.  (3) The panel shall be comprised of three (3) members; one selected by the developer, one selected by the neighboring community, and a third, who shall act as chairperson, selected jointly by the developer and the neighboring community.  (4) If there is no agreement on a third arbitrator within thirty (30) days after the two (2) parties have appointed their respective arbitrators, or if they choose by mutual agreement, either party may file a demand for arbitration and appointment of the third arbitrator by the American arbitration association.  (5) The arbitration panel shall, within forty-five (45) days after establishment and based on evidence presented to it, determine whether a significant adverse impact is probable, and whether that impact is related to or caused by the siting, construction, operation, or alteration of the hazardous waste management facility.  History of Section.P.L. 1982, ch. 197,  1. 
 23-19.8-1. Short title. This chapter may be cited as the Hazardous Waste Cleanup Good Samaritan Act. History of Section.P.L. 1984, ch. 148,  1. 
 23-19.8-2. Definitions. As used in this chapter: (1) Discharge includes, but is not limited to, any emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.  (2) Hazardous materials include all materials and substances which are now or hereafter designated as hazardous by any state or federal law or by the regulations of any state or federal government agency.  (3) Person includes an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.  (4) Oil means oil of any kind and in any form, whether crude, refined, or a petroleum by product, including, but not limited to, petroleum, fuel oil, gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, liquified natural gas, propane, butane, or other liquid hydrocarbons regardless of specific gravity.  History of Section.P.L. 1984, ch. 148,  1; P.L. 2011, ch. 118,  1; P.L. 2011, ch. 127,  1. 
 23-19.8-3. Exemption from liability. (a) Notwithstanding any provision of law to the contrary, no qualified or trained person who provides assistance or advice in mitigating the effects of an accidental or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of the discharge, shall be subject to civil liabilities or penalties of any type when responding voluntarily and at the request of:  (1) A governmental agency;  (2) The person responsible for any discharge;  (3) The person responsible for preventing, cleaning up, or disposing of any discharge; or  (4) The agent or authorized representative of any federal and/or state agency or person.  (b) The exemption set forth in this section shall apply to oil spill pollution prevention activities and/or activities dedicated to the containment, clean up or abatement of hazardous materials.  (c) The exemptions to liabilities set forth in this section shall apply to any city or town fire department, fire district, volunteer fire association or their hazardous materials and/or decontamination teams or representatives from the Rhode Island department of environmental management.  (d) The exemptions from liability provided by this subsection shall not apply if the person is grossly negligent or engages in willful misconduct as further defined in  23-19.8-6.  History of Section.P.L. 1984, ch. 148,  1; P.L. 2011, ch. 118,  1; P.L. 2011, ch. 127,  1. 
 23-19.8-4. Exemptions to immunities. The immunities provided in  23-19.8-3 shall not apply to the responsible party or to any vendor of a responsible party. For the purpose of this section, vendor means any individual, trust, firm, corporation, partnership, or association that offers oil mitigation services, containment services, clean up activities or oil spill pollution prevention programs for sale to the public.  History of Section.P.L. 1984, ch. 148,  1; P.L. 2011, ch. 118,  1; P.L. 2011, ch. 127,  1. 
 23-19.8-5. Common carriers. Nothing in  23-19.8-3 shall affect the liability of any person who is legally obligated to render assistance. A common carrier shall not be deemed to be legally obligated under the meaning of the preceding sentence if prior to rendering assistance that carrier was under no legal duty with respect to the discharge.  History of Section.P.L. 1984, ch. 148,  1. 
 23-19.8-6. Gross negligence and reckless misconduct. Nothing in  23-19.8-3 shall be construed to limit or otherwise affect the liability of any person for damages resulting from the persons gross negligence or from the persons reckless, wanton, or intentional misconduct.  History of Section.P.L. 1984, ch. 148,  1. 
 23-19.9-1. Policy and purpose. There is created the Rhode Island-Massachusetts Interstate Low-Level Radioactive Waste Management Compact. The party states recognize that the Congress has declared that each state is responsible for providing for the availability of capacity, either within or outside its borders, for disposal of low-level waste generated within its borders, except for waste which remains a federal responsibility, including waste generated as a result of atomic energy defense activities of the federal government, as defined in the Low-Level Radioactive Waste Policy Act, 42 U.S.C.  2021b et seq., or federal research and development activities. The party states further recognize that the Congress of the United States has provided for, and encouraged the development of, regional low-level waste compacts to manage low-level waste. The party states recognize that the long-term, safe and efficient management of low-level waste generated within the region requires that sufficient capacity to manage low-level waste is properly provided.  In order to promote public health and safety in the region, it is the policy of the party states to: enter into a regional low-level waste management compact as a means of facilitating an interstate cooperative effort; promote safe transportation of low-level waste generated in the region; minimize the number of facilities required to effectively and efficiently manage the low-level waste generated in the region; assist in the reduction of both the volume of low-level waste generated in the region and the volume of low-level waste that must be disposed in the region, to the extent consistent with protection of public health, safety, and the environment; distribute the costs, benefits, and obligations of proper low-level waste management equitably among the party states; and promote the environmentally sound and economical management of low-level waste throughout the packaging, transportation, storage, disposal, closure, post-closure observation and maintenance and institutional control periods of waste-related activity.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-10. Fees, compensation and liability. (a) Each party state may establish reasonable fees which shall be imposed upon generators, shippers, or carriers to recover the cost of inspections and other administrative actions taken under this compact.  (b) A host state may establish reasonable fees and surcharges which shall be imposed upon users of a regional facility. No distinction in fees or surcharges shall be made among persons of the several party states to this compact.  (1) A host state shall approve and periodically review operational fee schedules to be imposed on all users of the regional facility situated within its borders. One fee schedule shall be established by the operator of the regional facility, under applicable state and federal regulations, and shall be reasonable and sufficient to cover all costs related to the development, operation, closure and post-closure observation and maintenance of the regional facility. The host state shall also establish a schedule for contributions to an institutional control fund. The party states and the Commission shall be afforded a reasonable opportunity to review and comment on all proposed fee schedules.  (2) A host state may establish an additional administrative surcharge per unit of waste received at any regional facility situated within its borders. The surcharge shall be sufficient to cover all reasonable costs associated with administrative oversight and regulation of the facility. A host state may also impose reasonable surcharges for purposes of host community compensation and development incentives. The Commission shall be afforded a reasonable opportunity to review and comment on any proposed host state surcharge.  (c) The Commission is authorized to expend monies from the operating account established in  23-19.9-5 for the expenses of any staff and consultants retained pursuant to this compact and for official Commission business. Financial support for the operating account shall be provided as follows:  (1) In accordance with the provisions of  23-19.9-8(b), each eligible state, upon becoming a party state, shall pay an entry fee to the Commission, which shall be used for administrative costs of the Commission.  (2) The Commission shall impose a Commission surcharge per unit of waste received at any regional facility. The size of the surcharge shall be calculated by the Commission in its annual budget preparation process after a public hearing pursuant to subsection (h) of  23-19.9-5. This surcharge shall be collected for the Commission by the host state.  (3) Until such time as at least one regional facility is in operation and accepting waste for management, or to the extent that revenues under subdivisions (1) and (2) of this subsection are unavailable or insufficient to cover the approved annual budget of the Commission, each party shall pay an apportioned amount of the difference between the funds available and the total budget in accordance with the following formula:  (i) Twenty percent (20%) in equal shares;  (ii) Thirty percent (30%) in the proportion that the population of the party state bears to the total population of all party states, according to the most recent U.S. census;  (iii) Fifty percent (50%) in the proportion that the low-level waste originating in each party state bears to the total waste generated in the region for the most recent calendar year in which reliable data are available, as determined by the Commission.  (d) It shall be the responsibility of each regional facilitys operator or custodial agency to take all necessary steps to clean up, stabilize and restore the facility and surrounding areas whenever there has been damage to the facility or surrounding areas which may cause or contribute to a hazard to the public health or the environment. Any person who carries on an abnormally dangerous activity involving the management of low-level waste shall be subject to strict liability for harm to the person, land or property of another resulting from the activity. This strict liability shall be limited to the kind of harm, the possibility of which makes the activity abnormally dangerous.  (e) During a regional facilitys operational, closure and post-closure periods, the host state shall ensure the availability of funds and procedures for the facility operator to satisfy its responsibilities and liabilities under subsection (d), and for the compensation of injured facility employees. The state may satisfy this obligation by requiring bonds, insurance or compensation funds of the facility operator, or by providing bonds, insurance or compensation funds itself, or by any other means or combination of means. The funds available to satisfy third party liability claims shall be equal to the maximum amount available from the nuclear insurance pools or other commercial insurers.  (f) During a regional facilitys institutional control period, the custodial agency shall administer the institutional control funds collected pursuant to subdivision (1) of subsection (b), for surveillance and all required maintenance of the regional facility, including any clean-up, stabilization or restoration required by subsection (d). The custodial agency shall ensure that funds equal to the maximum amount available from the nuclear insurance pools or other commercial insurers are available to satisfy third party liability claims.  (g) If all other sources of funds, including federal assistance, have been exhausted, all party states shall be responsible for the reasonable costs of clean-up, stabilization and restoration of a regional facility in the proportion that the low-level waste disposed of at the facility which originated in each party state bears to the total low-level waste disposed of at the facility. If the clean-up, stabilization or restoration of the facility has become necessary as the result of gross negligence by the host state in its regulatory oversight of the regional facility, each party state shall be entitled to indemnification by the host state of the funds contributed pursuant to this section.  (h) The Commission shall provide a means of compensation for third party injuries to persons, land or property, which shall be available only if no other funds, insurance, tort compensation or other means of satisfying a damage judgment or settlement resulting from the management of low-level waste are available from the host state or other entities.  (1) This responsibility shall be met by a special fund, insurance, or other means. The same fund for compensation shall provide liability coverage for all subsequent and concurrent regional facilities. The Commission is authorized to take any measures that may be necessary to implement this section, including the use of a portion of the fees collected pursuant to subdivision (2) of subsection (c) to establish an independent insurance entity. Subject to host state approval, an independent insurance entity shall be exempt from state insurance regulations.  (2) The existence of a special fund or other means of compensation shall not imply any liability by the Commission, by the party states, or by any of their officials and staff. Claims or suits for compensation shall be directed against the fund, the insurance entity or other responsible entity.  (3) The liability of the special fund, insurance entity, or other entity shall be limited to the amount contained therein at the time a final judgment or settlement awarding damages is executed.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-11. Severability and construction. (a) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as well as to all severable matters. The provisions of this compact shall be liberally construed to give effect to the purposes thereof.  (b) Nothing in this compact shall be construed to authorize the Commission or any party state to waive the provisions of the compact or the requirements adopted pursuant to it.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-2. Definitions. As used in this compact, unless the context clearly requires a different construction: (1) Adjudicatory proceeding means the Commission process of formulating an order;  (2) Closure means the permanent termination of waste acceptance at a facility, including closure prior to its scheduled closing date, and the implementation of a closure plan;  (3) Commission means the Rhode Island-Massachusetts Interstate Low-Level Radioactive Waste Management Commission established in  23-19.9-5;  (4) Commission action means the whole or a part of a Commission rule, order, sanction, relief of the equivalent or denial thereof, or failure to act;  (5) Custodial agency means the agency of the state or federal government designated to act on behalf of the government owner of a regional facility during the facilitys institutional control period;  (6) Disposal means the isolation of low-level waste from the biosphere inhabited by human beings and their food chains;  (7) Executive session means any meeting or part of a meeting of the Commission or a committee of the Commission that is closed to certain persons for deliberation on certain matters;  (8) Facility means a parcel of land, together with the structures, equipment and improvement on the parcel of land or appurtenant to it, which is being developed, is used, or has been used for the treatment, storage or disposal of low-level waste;  (9) Generator means a person who produces or treats low-level waste in the region, but does not include persons who only provide a service by arranging for the collection, transportation, treatment, storage or disposal of low-level waste generated outside the region;  (10) High-level waste means:  (i) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from liquid waste that contains fission products in sufficient concentration; and  (ii) Any other highly radioactive material determined by the federal government as requiring permanent isolation;  (11) Host state means a party state in which a regional facility is located or being developed;  (12) Institutional control means the continued observation, monitoring, and care of a regional facility following transfer of the facilitys license from the operator to the custodial agency;  (13) Interim storage means the temporary storage of low-level waste in the event that no licensed facility is available for its treatment or disposal in the region during any time this compact is in effect;  (14) Intervenor to an adjudicatory proceeding means any party state or agency or political subdivision of any party state or agency, or not less than 50 other persons residing within the region, who petition for status as a party to an adjudicatory proceeding in which damage to the environment, the publics health or safety or economic damage, injury or financial integrity might be an issue;  (15) Low-level waste means radioactive waste that:  (i) Is neither high-level waste nor transuranic waste, nor spent nuclear fuel, nor by-product material as defined in  11(e)(2) of the Atomic Energy Act of 1954, 42 U.S.C.  2014(e); and  (ii) Is classified by the federal government as low-level waste, consistent with existing law; but does not include waste which remains a federal responsibility, including waste generated as a result of atomic energy defense activities of the federal government, as defined in the Policy Act, or federal research and development activities;  (16) Management means the generation, storage, packaging, treatment, transportation, and disposal, where applicable, of low-level waste;  (17) Order means a Commission action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific states or persons. The term includes, but is not limited to, the following Commission actions:  (i) Determination of whether or not a state is eligible for admission to the Compact;  (ii) Determination of compliance of a party state with the conditions and requirements of the Compact;  (iii) Designation of host states;  (iv) Revocation of a party states membership in the Compact; and  (v) Imposition of sanctions against a party state;  (18) Party state means any state that is a signatory party in good standing to this compact;  (19) Party to an adjudicatory proceeding means:  (i) Any person whose rights, duties or privileges are to be determined through formulation of an order;  (ii) Any other person who, as a matter of right or by any provision of this compact, is entitled to fully participate in the proceeding and who, upon notice as required in subsection (l) of  23-19.9-5 makes appearance; and  (iii) Any intervenor to the adjudicatory proceeding;  (20) Person means an individual, corporation, business enterprise, unincorporated association or other legal entity, either public or private, and its legal successors; and any party state or agency or political subdivision of any party state or agency;  (21) Policy Act means the Low-Level Radioactive Waste Policy Act, 42 U.S.C.  2021b et seq.;  (22) Post-closure observation and maintenance means the active monitoring and maintenance of a facility which has been closed in accordance with its license site closure plan, and in compliance with other applicable regulatory requirements in preparation for transfer of the facilitys license from the operator to the custodial agency;  (23) Public document means a document which shall be available for inspection by any person during normal business hours at the office of the Commission or by other mutually agreed arrangement;  (24) Region means the entire geographic area of the party states;  (25) Regional facility means a facility that is being or has been developed pursuant to  23-19.9-6;  (26) Rule means each Commission statement of general applicability that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of the Commission. The term includes the amendment or repeal of a prior rule, but does not include:  (i) Statements concerning only the internal management of the Commission and not affecting private rights or procedures available to the public; or  (ii) Intra-Commission memoranda;  (27) Source reduction means reducing the volume or radioactivity of low-level waste by:  (i) Avoiding unnecessary contamination of items during the use of radioactive materials;  (ii) Carefully segregating radioactive waste from non-radioactive trash; or  (iii) Substituting non-radioactive isotopes or radioisotopes with shorter half-lives in certain procedures;  (28) State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territory subject to the laws of the United States;  (29) Storage means the holding of low-level waste for treatment or disposal;  (30) Storage for decay means a procedure in which certain low-level wastes with relatively short half-lives are held for natural radioactive decay in compliance with applicable federal and state regulations;  (31) Substantial evidence means any evidence that a reasonable mind might accept as adequate to support a conclusion;  (32) Temporary closure means the nonpermanent termination of low-level waste acceptance at a facility prior to its scheduled closing date;  (33) Transuranic waste means waste material containing radionuclides with an atomic number greater than ninety-two (92) that are excluded from near surface disposal as determined by the federal government;  (34) Treatment means any method, technique, or process, including storage for decay, designed to change the physical, radioactive, chemical or biological characteristics or composition of low-level waste in order to render low-level waste safer for management, amenable for recovery, convertible to another usable material or reduced in volume;  (35) Volume reduction means treatment of low-level waste in order to reduce the physical dimensions of the waste and the space required for disposal.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-3. Rights and obligations of party states. (a) Pursuant to the procedure established in  23-19.9-6, there shall be provided within the region one or more regional facilities which, together with any other facilities that may be made available to the region, will provide sufficient capacity to accept all low-level waste generated within the region, which are delivered to these facilities for management.  (b) Each party state shall have the right to have all low-level waste generated within its borders managed at a regional facility or at a facility made available to the regions through agreements entered into by the commission pursuant to paragraph (j)(4) of  23-19.9-5; provided, however, that a generator shall have the right of access to all of these facilities for so long as it adheres to applicable host state and federal laws and regulations, the provisions of this compact and any requirements adopted pursuant to it.  (c) Each party state shall have the legal capability to host a regional facility in a timely manner and to ensure the proper operation, temporary closure, closure, post-closure observation and maintenance, and institutional control of any regional facility within its borders.  (d) To the extent not prohibited by federal law, each party state shall require shipments of low-level waste generated within, or passing through, its borders to conform to federal packaging and transportation regulations and applicable host state regulations. Upon notification by a party state or a federal agency that a generator, shipper or carrier is in violation of federal or state management regulations, the party state in which the violation occurred shall take appropriate actions to ensure that these violations are not repeated. Each party state acknowledges that the shipment to a host state of low-level waste packaged or transported in violation of applicable laws and regulations can result in the imposition of sanctions by the host state. These sanctions may include, but are not limited to, suspension or revocation of the violators right of access to the regional facility.  (e) Each party state may impose reasonable fees upon generators, shippers or carriers pursuant to the provision of  23-19.9-10(a).  (f) Each party state shall encourage and assist generators within its borders to reduce the sources and volumes of low-level waste requiring disposal to the extent consistent with protection of public health, safety and the environment.  (g) Each party state shall provide to the Commission and host state any intrastate data and information necessary for the implementation of the Commissions or host states responsibilities, and shall establish the capability to obtain any intrastate data and information.  (h) Each party state has the right to rely on the good faith performance by every other party state of the obligations created by this compact.  (i) The rights granted to the party states by this compact are additional to the rights enjoyed by sovereign states.  History of Section.P.L. 1986, ch. 300,  1; P.L. 1989, ch. 542,  52. 
 23-19.9-4. Rights and obligations of host states. (a) To the extent not prohibited by federal law, a host state is responsible for protecting the health, safety, and welfare of its citizens.  (b) To the extent not prohibited by federal law, a host state shall assure:  (1) The timely development, reasonable availability and safe operation, closure, post-closure observation and maintenance, and institutional control of any regional facility situated within its borders; and  (2) The environmental and financial integrity of any regional facility.  (c) Each host state in which an operating regional facility is located shall annually submit to the Commission a report concerning each operating regional facility situated within its borders, which shall contain projections of the anticipated future capacity and availability of the regional facility to meet future needs; a financial audit and analysis of fees collected to demonstrate the financial integrity of its operation; and accounting of any and all occupational or public health and safety incidents at the facility including their resolution; a summary of procedures and findings used to monitor the facility to assure continued isolation of the low-level waste from the biosphere; and any other information required by the Commission. Each host state in which a closed regional facility is located shall submit to the Commission an annual report containing any information required by the Commission, including information on the financial and environmental integrity of any closed regional facility. Any report submitted pursuant to this section shall be a public document.  (d) A host state intending to close a regional facility situated within its borders shall notify the Commission, in writing, of its intention and the reasons for closure. This notification may be part of its annual report.  (1) Except in the event that temporary or permanent closure of a regional facility is necessitated by a threat to public health, safety, or the environment, notification shall be given to the Commission at least five (5) years prior to the scheduled date of closure.  (2) A host state may close or temporarily close a regional facility situated within its borders prior to its scheduled closing date for any reason justifying temporary or permanent closure. A host state shall notify the Commission, in writing, within three (3) days of its action; and shall, within thirty (30) working days, explain the need for the closure. A facility that is closed or temporarily closed shall remain closed as long as necessary for remedial action and, in any event, throughout any period of facility clean-up and stabilization.  (e) A host state may impose reasonable fees and surcharges pursuant to the provisions of  23-19.9-10(b).  (f) To the extent not prohibited by federal law, a host state shall establish regulations for the operation of any regional facility situated within its borders.  (g) To the extent not prohibited by federal law, a host state shall require the operator of a regional facility situated within its borders to submit an initial Facility Closure Plan and annual update of the plan for host state approval. Consistent with applicable regulations, the facility closure plan and its updates shall include, but not be limited to, the following:  (1) Any geologic, hydrologic, or other facility site data pertinent to the long-term containment of low-level waste.  (2) The results of any tests, experiments, or other analysis relating to closure and sealing, waste migration, or any other tests, experiments, or analysis pertinent to the long-term containment of low-level waste within the facility.  (3) Plans for decontamination and dismantlement of facility structures and stabilization of the facility to assure long-term protection of public health, safety, and the environment.  (4) Any significant new information regarding the environmental impact of closure activities and long-term performance of the facility site.  (5) On-site contingency plans in the event of a temporary closure of the facility. The Facility Closure Plan and its updates shall be public documents. The party states and the Commission shall be afforded reasonable opportunity to review and comment on the Facility Closure Plan and its annual update.  (h) A host state shall, after consultation with the Commission, develop guidelines to be used by party states to encourage generators to implement volume and source reduction practices.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-5. The commission. (a) There is created the Rhode Island  Massachusetts Interstate Low-Level Radioactive Waste Management Commission. The Commission shall consist of members from each party state to be appointed according to the procedures of each party state, except that a host state shall have more members during the period that it has an operating regional facility. The Governor of each party state shall notify the Commission, in writing, of the identities of the member or members from that state, and of one alternate for each member, who may act on behalf of the member only in the members absence.  (b) Each Commission member shall be entitled to one vote; except that, when a host state that has a closed regional facility is represented by only one member, that member shall be entitled to two (2) votes, when the Commission is taking action affecting that facility. Except as otherwise provided in this compact, Commission action shall require a majority of the eligible votes of Commission members. A roll call vote shall be required upon request of any member.  (c) The Commission shall annually elect, from among its members, a presiding officer and any other officers that it deems appropriate. The Commission may also establish any committees that it deems necessary to carry out its duties and functions.  (d) The Commission shall meet at least once a year and shall also meet upon the call of any member. Except as provided in this section, all meetings of the Commission and its committees shall be open to the public. No majority of the members of the Commission, or its committees shall meet in private for the purpose of acting on, or deliberating toward action on, any matter, except as provided in this section. No meeting of the Commission or its committees shall be closed to the public for the purpose of holding an executive session until the Commission or committee has first convened in an open session for which public notice has been given, a majority of the members have voted to go into executive session, a vote of each member has been recorded on a roll call vote and entered into the minutes, and the presiding officer has announced the purpose of the executive session and has stated whether the Commission or committee will reconvene in public after the executive session. An executive session may be held only for the consideration of:  (1) Sensitive personnel matters;  (2) Sensitive litigation matters, the public disclosure of which would adversely affect the Commissions position relative to sensitive litigation; or  (3) Other legal matters where preservation of the attorney-client privilege is essential.  Failure to comply with the provisions of this section shall invalidate any actions, hearings or proceedings of the Commission or its committees during that meeting.  (e) For each meeting of the Commission or its committees, other than a meeting called in response to a public health, safety or environmental emergency, the Commission shall make a public announcement, at least one week before the meeting, of the time, place, and subject matter of the meeting; whether it is anticipated that any agenda item will require discussion in executive session; and the name and phone number of the official designated by the Commission to respond to requests for information about the meeting.  (f) The Commission and its committees shall maintain accurate records of their meetings, recording the date, time, place, members present or absent, and action taken at each meeting. These records shall become public documents; provided, that the record of any executive session may remain secret as long as its publication may defeat the lawful purposes of the executive session, but no longer. Commission and committee meetings, except those held in executive session, may be recorded by any person in attendance by means of a tape recorder or other sonic reproduction device, which does not interfere with the conduct of the meeting.  (g) The Commission may appoint, contract for, compensate, or otherwise provide for a limited staff that it determines necessary to carry out its duties and functions. The staff shall serve at the Commissions pleasure irrespective of the civil service, personnel or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission.  (h) At its annual meeting, the Commission shall adopt an annual line item budget for its operations. The Commissions budget shall be a public document.  (i) The Commission established by this section is a body corporate and public, separate and distinct from party states and shall be liable for its own actions on the same basis as the United States may be liable under the Federal Tort Claims Act (28 U.S.C.  2674). Liabilities of the Commission shall not be deemed liabilities of the party states. Nor shall members of the Commission be personally liable for action taken by them in their official capacity.  (j) The Commission shall have the following duties and powers:  (1) The Commission shall receive, and act upon, in an adjudicatory proceeding, the application of a non-party state to become an eligible state pursuant to  23-19.9-8(e).  (2) The Commission shall submit an annual report to, and otherwise communicate with, the governor and the presiding officer of each house of the legislature of each party state regarding the activities of the Commission.  (3) Upon request of any party state, the Commission shall mediate disputes that arise among the party states regarding the compact.  (4) The Commission shall, after consultation with host states, adopt by rule, maintain and implement a regional low-level waste management plan, in accordance with  23-19.9-6(a). No regional facility shall be developed prior to the completion of a regional low-level waste management plan.  (5) The commission shall establish by rule procedures that are necessary to ensure efficient operation and performance of its duties and functions, the orderly gathering and dissemination of information and the protection of the rights of due process of affected persons.  (6) In accordance with the procedures and criteria set forth in  23-19.9-6, the Commission shall act on a party states application to assume responsibility to host a regional facility within its borders.  (7) In accordance with the procedures and criteria stated in  23-19.9-6, the Commission may select, by a two-thirds (2/3) majority of the eligible votes of Commission members, host states for the establishment of needed regional facilities.  (8) After December 31, 1986, no person shall deliver low-level waste generated outside the region to a regional facility for management, and no regional facility shall accept low-level waste generated outside the regions, unless the delivery and acceptance are approved by a two-thirds (2/3) majority of the eligible votes of Commission members and by the Commission members representing the host state in which the regional facility is located. This approval shall be granted only after the host state and the Commission have made an assessment of the affected facilitys capabilities to accept low-level wastes and of relevant environmental, economic, and public health factors.  (9) Unless otherwise provided by the Commission, all low-level waste generated within the regions shall be treated, stored for decay, or delivered to a regional facility or other facility licensed to accept low-level waste as of the effective date of this compact. No low-level waste generated within the region shall be exported to any facility outside the region unless the export is approved by a two-thirds (2/3) majority of the eligible votes of Commission members and by the Commission members representing each host state in which a regional facility is available to accept low-level waste.  (10) The Commission may appear as an intervenor or party in interest before any court of law, federal, state or local agency, board or commission that has jurisdiction over the management of low-level waste. The authority to intervene or otherwise appear shall be exercised only upon the vote of a two-thirds (2/3) majority of the eligible votes of Commission members. In order to present its views, the Commission may arrange for legal representation, expert testimony, reports, evidence, or other participation, as it deems necessary.  (11) The Commission may impose sanctions, including but not limited to, fines, suspension of privileges or revocation of party state status, in accordance with the procedures established in  23-19.9-8(g).  (12) The Commission shall review and comment on fees and surcharges proposed by a site operator or host state, and on any Facility Closure Plan prepared pursuant to  23-19.9-4(g). The Commission shall hold a public hearing prior to issuing its comments pursuant to this paragraph.  (13) The Commission shall review the compact legislation every five (5) years, prior to federal congressional review provided for in the Policy Act, and may recommend legislative action.  (14) The Commission shall establish a Commission operating account. The Commission shall keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of the Commission operating account and funds, and submit an audit report to the Commission. The audit reports shall be made a part of the annual report of the Commission.  (15) The Commission may accept, receive, utilize and dispose, for any of its purposes and functions, any and all donations, loans, grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state or the United States or agency or political subdivision of any state or the United States, or interstate agency, or from any other person. The nature, amount and condition, if any, attendant upon any donation, loan, or grant accepted pursuant to this paragraph, together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the Commission. The Commission shall by rule establish guidelines for the acceptance of donations, loans, grants of money, equipment, supplies, materials, and services. No donor, grantor, or lender shall derive any advantage in any proceeding before the Commission.  (k) The Commission shall conduct adjudicatory proceedings as the process for formulating an order, unless the order is a decision to:  (1) Issue or not to issue a complaint, summons, or similar accusation; or  (2) Initiate or not to initiate an investigation, prosecution, or other proceeding before the Commission, another commission or agency, or a court.  (l) The Commission shall conduct adjudicatory proceedings in accordance with this section. All parties to an adjudicatory proceeding shall be granted the opportunity for a Commission hearing after reasonable notice.  (1) The notice shall include:  (i) A statement of the time, place, and nature of the proceeding;  (ii) A statement of the legal authority and jurisdiction under which the proceeding is to be held;  (iii) A reference to the particular sections of statutes, rules and provisions of this compact involved;  (iv) A short and plain statement of the matters at issue.  (2) Reasonable opportunity shall be granted all parties to the adjudicatory proceeding to present, and respond to, evidence and arguments on all factual and legal questions presented in the proceeding.  (3) Oral proceedings or any part of oral proceedings shall be transcribed on request of any party.  (4) No ex parte communications, or communications for the benefit of one side only, relevant to the merits of the adjudicatory proceeding shall be made or knowingly caused to be made to any member of the Commission, hearing officer, or other employee who is or may reasonably be expected to be involved in the decision process of the proceeding.  (5) Findings of fact shall be based exclusively on the record, which shall include:  (i) All pleadings, motions, and intermediate rulings;  (ii) All evidence received or considered;  (iii) A statement of matters officially noticed;  (iv) Questions and offers of proof, objections, and rulings thereon;  (v) Proposed findings and exceptions;  (vi) Any decision, opinion, or report by the officer presiding at the hearing;  (vii) All staff memoranda or data submitted to the members of the Commission in connection with their consideration of the case.  (6) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.  (m) Any party state or agency or political subdivision of any party state or agency, or not less than twenty-five (25) other persons residing within the region may petition the commission requesting the promulgation, amendment, suspension, or repeal of a rule. The Commission shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within thirty (30) days after submission of a petition, the Commission shall, in writing, affirm or deny the petition, stating the reasons for its action, and may initiate rulemaking proceedings in accordance with this section.  (1) Except as provided in subdivision (2) of this section, the Commission shall, prior to the adoption, amendment or repeal of any rule:  (i) Give at least thirty (30) days notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and the time, place, and manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have made a timely request of the Commission for advance notice of its rulemaking proceedings and shall be published in the Secretary of States Office for each party state, and in at least the two (2) newspapers with the largest circulation in each party state.  (ii) Grant all interested persons reasonable opportunity to submit data, views or arguments, orally or in writing. In case of substantive rules, opportunity of oral hearing must be granted if requested by any party state or agency or political subdivision of any party state or agency, or by not less than twenty-five (25) other persons residing within the region. The Commission shall fully consider all written and oral submissions respecting the proposed rule. Upon request made by an interested person within thirty (30) days after adoption of a rule, the Commission shall issue a concise statement of the principal arguments for and against its adoption, incorporating in that statement its reasons for overruling the arguments urged against its adoption.  (2) If the Commission finds that an imminent peril to the public health, safety and welfare requires adoption of a rule upon fewer than thirty (30) days notice, and states, in writing, its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effective for a period of not longer than one hundred twenty (120) days, but the adoption of an identical rule under this section is not precluded.  (n) A person suffering legal wrong because of Commission action, or adversely affected or aggrieved by Commission action, may seek judicial review of that action.  (1) When the Commission finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On conditions that may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application of certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of a Commission action or to preserve status or rights pending conclusion of the review proceedings.  (2) A petition for judicial review under this subsection may be heard in a court of competent jurisdiction.  (3) The reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of a Commission action when presented to the court and to the extent necessary for a decision. The reviewing court shall:  (i) Compel the Commission action unlawfully withheld or unreasonably delayed; and  (ii) Hold unlawful and set aside Commission action, findings, and conclusions found, in accordance with the standards of the federal Administrative Procedure Act, 5 U.S.C.  706(2), to be:  (A) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;  (B) Contrary to constitutional right, power, privilege, or immunity;  (C) In excess of statutory jurisdiction, authority, or limitations, or short of statutory right;  (D) Without observance of procedure required by law;  (E) Unsupported by substantial evidence in a case of review of an adjudicatory decision;  (F) Unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the previous determinations, the court shall review the whole record to those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. The court shall not substitute its judgment for that of the Commission as to decisions of policy or weight of the evidence or questions of fact.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-6. Host state selection and development of regional facilities. (a) The Commission shall, after consultation with host states adopt by rule, maintain, and implement a regional low-level waste management plan to provide for safe and efficient management with the region. The plan shall be annually reviewed and revised by rule, as necessary, every five (5) years. The Commission may retain consultants to assist in developing the plan and shall gather necessary data in cooperation with appropriate agencies in each party state. The primary consideration guiding the development of the plan shall be the protection of public health, safety, and the environment. The plan shall include, but not be limited to:  (1) A classification system for all low-level wastes based on characteristics including, but not limited to, radiological half-life, radiological toxicity, chemical toxicity, and physical form of the waste;  (2) An inventory of all generators within the region, including information on: the location of the generator; its products, services, clinical procedures, teaching or research activities; the number of full-time-equivalent employees involved in these activities; current and projected low-level waste volume, characteristics and curies; current and projected management activities including on-site storage and storage for decay capabilities; and packaging and transportation practices;  (3) An inventory of all regional facilities, including information on the size, capacity, location, and projected operating life of each facility, and the waste being handled at each facility;  (4) Consistent with considerations for the protection of public health, safety, and the environment, a determination of the type and capacity of regional facilities that are necessary or projected to be necessary to accept the low-level waste generated within the region for management;  (5) A review and analysis of current, developing and projected regional management technologies and practices;  (6) A review and analysis of fees charged generators to ensure the safe, environmentally sound operation of each regional facility, to ensure that the licensee has sufficient insurance protection against personal injury and property damage, including third party liability insurance throughout the operation, closure, post-closure observation and maintenance, and institutional control periods; and to ensure the availability of funds for surveillance, cleanup and restoration of the surrounding area.  (7) A review and analysis of party state efforts to encourage source and volume reduction pursuant to the guidelines established by the host state or states.  (b) The Commission shall adopt by rule both interim and emergency storage plans to go into effect in the event that no regional facility is operational at any time after December 31, 1986. The plans may include contractual agreements with facilities located outside the region.  (1) If the Commission determines, in accordance with the provisions of this section, that an interim storage facility must be developed within the regions, the interim storage facility must have the consent of the state in which it is located, and shall not remain in operation longer than five (5) years without the consent of that state.  (2) In the event that a regional facility closes prior to its scheduled closing date, the Commission shall:  (i) Implement the interim storage and disposal plans adopted pursuant to this section; and  (ii) Inform the governor of the party state scheduled to host the next regional facility to bring that facility into operation.  (c) The Commission shall adopt by rule criteria and procedures for approving, in an adjudicatory proceeding, a party states application to assume responsibility to host a regional facility within its borders. These criteria shall include, but not be limited to: the capability of the party state to host a regional facility in a timely manner and to ensure its operation for a twenty (20) year period, temporary closure, closure, post-closure observation and maintenance, and institutional control in a manner consistent with protecting the public health and safety and the environment; and the anticipated economic feasibility of the proposed regional facility.  (d) Upon notification that an existing regional facility will be closed, or whenever the Commission has made a determination, pursuant to subdivision (4) of section (a), that additional regional facility capacity is necessary or projected to be necessary, and a party state submits to the Commission, in accordance with the procedures established pursuant to subsection (c), an application to assume responsibility for hosting a regional facility, the Commission shall conduct an adjudicatory proceeding to consider the application. Consistent with the criteria established pursuant to subsection (c), the Commission shall act upon the vote of a two-thirds (23) majority of the eligible votes of Commission members, either to approve or deny the application, or to make recommendations that will allow the state to receive later approval.  (1) Upon approval of a party states application pursuant to this section, the state shall become a host state on the date specified in the approval.  (2) The Commission may approve an application, in which a party state assumes the responsibility to host a regional facility upon the closure of another regional facility, currently in development or operation, but the Commission shall not approve more than one such successor state.  (e) Upon notification that an existing facility will be closed, or whenever the Commission has made a determination pursuant to subdivision (4) of subsection (a), that additional regional facility capacity is necessary or projected to be necessary, and no application submitted pursuant to subsections (c) and (d) is pending before the Commission which, if approved, would result in the development of additional capacity adequate to accept the low-level waste generated within the region for management, the Commission shall initiate the process stated in this section to select a state to host a regional facility in a timely manner and to ensure its operation for a twenty (20) year period. The primary criterion guiding this process shall be the protection of public health, safety and the environment. However, no state shall be required to host two (2) successive regional facilities.  (1) The Commission shall notify all party states, other than the host state in which the most recently developed regional facility is located, that they are potential host states for the purpose of undertaking the macroscreening review established in subdivision (2) of this subsection. The notification shall be made to the governor and the presiding officer of each house of the legislature of each party state, and shall describe the process to be used to select a host state.  (2) The Commission shall, after consultation with appropriate licensing and regulatory authorities, adopt by rule exclusionary criteria to identify all geographic areas that are unsuitable as regional facility sites. That criteria shall exclude, at least, all geographic areas:  (i) Containing exploitable natural resources;  (ii) Within a five hundred (500) year floodplain or coastal high-hazard area;  (iii) Subject to frequent flooding or ponding or which are generally not well drained;  (iv) Within coastal or freshwater wetlands or on a barrier beach;  (v) Within which is located an existing or projected public drinking water supply;  (vi) Within the watershed of surface waters classified as class A, pursuant to the U.S. Clean Water Act [33 U.S.C.  1251 et seq.];  (vii) Over an aquifer designated as a sole source aquifer pursuant to the U.S. Safe Drinking Water Act [42 U.S.C.  300f et seq.];  (viii) Restricted by a party state because of their critical environmental nature;  (ix) In a lower drainage basin where the amount of runoff could erode or inundate a facility site;  (x) Where the water table is of sufficient height to allow perennial or other ground water intrusion to contact the waste;  (xi) Where ground water is discharged to the surface;  (xii) Where tectonic processes such as faulting, folding, seismic activity, or vulcanism may preclude defensible modeling and prediction of long-term impacts;  (xiii) Where surface geologic processes such as mass wasting, erosion, slumping, landsliding, or weathering may indicate instability;  (xiv) Where ground water intrusion, perennial or otherwise, could impact the facilitys ability to isolate the waste;  (xv) Critical to the habitat of endangered or threatened species of plants or animals;  (xvi) Of historical or architectural significance. The application of this exclusionary criteria shall not be subject to waiver by the consultant or the Commission.  (3) The Commission shall retain the services of an independent consultant to map and macroscreen each potential host state in the region in accordance with the criteria adopted pursuant to subdivision (2) of this subsection. The independent consultant shall consider recommendations and comments from any person and shall hold public meetings in each potential host state to accept recommendations and comments. Notice of public meetings shall be made at least fourteen (14) days in advance and shall be published in the Secretary of States office for the state in which the meeting is to be held and in at least the two (2) newspapers with the largest circulations in that state. In addition, notice shall be mailed to all persons who make timely request of the Commission for an opportunity to comment and to the governor and the presiding officer of each house of the legislature of each potential host state.  (4) Upon acceptance by the Commission of the independent consultants report, the Commission shall transmit a copy of the report to the governor of each party state. Within ninety (90) days of receipt of the report, the governor of each potential host state shall submit to the Commission a written response to the report.  (5) If the entire land area of any potential host state has been identified in the independent consultants report as unsuitable as a regional facility site, that state shall be excluded from further consideration for hosting a regional facility. Any party state that disputes the results contained in the independent consultants report and believes that its entire land area is unsuitable as a regional facility site shall have the opportunity to present its objections in an adjudicatory proceeding before the Commission. This proceeding shall follow the procedures established in  23-19.9-5 except that:  (i) The hearing shall be conducted within the borders of the party state disputing the reports results; and  (ii) A two-thirds (23) majority of the eligible votes of Commission members shall be required to exclude the party state from further consideration for hosting a regional facility. The Commission shall commence the adjudicatory proceeding no sooner than ninety (90) days and no later than one hundred twenty (120) days after receipt of a states claim that it should be excluded from further consideration for hosting a regional facility.  (6) Upon expiration of the time for party states to respond to the independent consultants report or upon the completion of the adjudicatory proceeding provided for in this section, the Commission shall issue a list of states to be excluded from further consideration for hosting a regional facility. That list shall include both any state identified in the report as unsuitable as a regional facility site and any state which the Commission has voted to exclude from further consideration in accordance with this section. The Commission shall notify all party states not excluded by the process stated in this section that they are potential host states. The notification shall indicate that the state has within its boundaries a geographic area or areas that meet the environmental criteria established pursuant to subdivision (2) of this subsection.  (7) Party states which generate less than twenty-five percent (25%) of the volume or curies of low-level waste generated by Massachusetts based on a comparison of averages over the years 1982-1984 shall be exempt from initial host state responsibility. These states shall continue to be exempt as long as they generate less than the twenty-five percent (25%) threshold over a successive three (3) year period. Once a state generates an average of twenty-five percent (25%) or more of the volume or curies generated by Massachusetts over a successive three (3) year period, it shall be designated as a Host State having a thirty (30) year period by the Commission and shall immediately initial development of a regional facility to be operational within five (5) years. The host state shall be prepared to accept its regional facility low-level waste at least equal to that generated in the state. With Commission approval, any party state may volunteer to host a regional facility. The percentage of waste from each state shall be determined by either a cubic foot volume or total curie content, whichever is greater.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-7. Other laws and regulations. (a) Nothing in this compact shall be construed to abrogate or limit the regulatory responsibility or authority of the U.S. Nuclear Regulatory Commission, the U.S. Department of Transportation, the U.S. Department of Energy, any other federal agency, or any Agreement State under Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C.  2021.  (b) Except as otherwise specifically provided in this compact, the laws or portions of those laws of party states shall remain in full force.  (c) Nothing in this compact shall be construed to preempt, in whole or in part, any provision of the Constitution of any party state.  (d) Nothing in this compact shall make unlawful the continued development or operation of any facility already licensed for development or operation on the date this compact becomes effective.  (e) No judicial or administrative proceeding pending on the effective date of this compact shall be affected by it. Any legal right, obligation, violation, or penalty arising prior to the effective date of this compact, or not in conflict with it, shall not be affected by this compact.  (f) Except as provided in  23-19.9-3(d), no law or regulation of a party state or an agency or political subdivision of a party state may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the host state.  (g) The generation, treatment, storage, transportation, or disposal of waste which remains a federal responsibility, including waste generated by the atomic energy defense activities of the federal government, as defined in the Policy Act or federal research and development activities are not affected by this compact.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-8. Conditions of membership. (a) The states initially eligible to become parties to this compact shall include Rhode Island. Initial eligibility shall expire December 31, 1986.  (b) Each state eligible to become a party state to this compact shall be a party state upon enactment of this compact into law by that state, and upon payment of the fees required by  23-19.9-10. An eligible state may become a party to this compact by an executive order issued by the governor of the state and upon payment of the fees required by  23-19.9-10. However, any state which becomes a party state by executive order shall cease to be a party state upon the final adjournment of the next general or regular session of its legislature, unless this compact has by then been enacted as a statute by that state.  (c) This compact shall become effective in a party state when it has been enacted by that state and consent has been given to this compact by the Congress.  (d) The first two (2) states to become party states to this compact shall immediately appoint Commission members who shall constitute the Rhode Island  Massachusetts Interstate Low-Level Radioactive Waste Commission in accordance with  23-19.9-5. These party states shall cause legislation to be introduced in the Congress whereby the consent of the Congress to this compact will be granted, and shall do those things necessary to organize the Commission and implement the provisions of this compact.  (e) Any state not expressly declared eligible to become a party state to this compact in subsection (a) of this section may petition the Commission to be declared eligible. The Commission may by rule establish conditions that it deems necessary and appropriate to be met by a state requesting eligibility as a party state to this compact pursuant to the provisions of this section and shall conduct an adjudicatory proceeding on the application. Upon satisfying the conditions established by the Commission and upon the affirmative vote of a two-thirds (23) majority of the eligible votes of Commission members and the affirmative vote of the members representing the host states in which any affected regional facility is located, the petitioning state shall become eligible to become a party state to this compact and may become a party state in the same manner as those states declared eligible in subsection (a) of this section.  (f) No state holding membership in any other regional compact for the management of low-level waste may become a party state to this compact.  (g) Any party state which fails to comply with the provisions of this compact or to fulfill its obligations may, upon the vote of a two-thirds (23) majority of the eligible votes of Commission members, in an adjudicatory proceeding, have fines imposed, have its access conditioned, its privileges suspended or its status as a party state to this compact revoked. Any revocation of a party states status shall take effect one year from the date on which the state receives written notice from the Commission of that action. The rights of access to regional facilities enjoyed by generators in the affected party state shall cease upon the effective date of the revocation. No legal obligations of that party state, arising prior to the revocation, shall cease until they have been fulfilled. As soon as practicable after a Commission action suspending or revoking party state status, the Commission shall provide written notice of the action and a copy of the resolution to the governor and the presiding officer of each house of the legislature of each party state, and the Congress.  (h) Any party state may withdraw from this compact by repealing its authorizing legislation, and the rights of access to regional facilities enjoyed by generators in that party state shall thereby terminate. However, no withdrawal shall take effect until five (5) years after the governor of the withdrawing state has given notice, in writing, of that withdrawal to the Commission and to the governor of each party state. No withdrawal shall affect any liability already incurred by, or chargeable to, a party state prior to that time.  (1) Upon receipt of the notification, the Commission shall, as soon as practicable, provide copies to the governor and the presiding officer of each house of the legislature of each party state, and to the Congress.  (2) A regional facility located in a withdrawing state shall remain available to the region for five (5) years after the date the Commission receives written notification of the states intent to withdraw, or until the prescheduled date of closure, whichever occurs first.  (i) This compact may be terminated only by the affirmative compact in each party state. The Congress may by law withdraw its consent every five (5) years after the compact takes effect.  (1) The consent given to this compact by the Congress shall extend to any future admittance of new party states under subsection (b) of this Article.  (2) The withdrawal of a party state from this compact under subsection (h) or the revocation of party state status under subsection (g) of this Article shall not affect the applicability of the compact to the remaining party states.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19.9-9. Enforcement. Primary responsibility for enforcing the provisions of this compact shall rest with the affected state or states. Each party state, consistent with federal and host state regulations and laws, shall adopt and enforce laws imposing penalties on any person, not acting as an official of a party state, for violation of this compact. The Commission, upon a two-thirds (23) majority of the eligible votes of its members, may bring action to seek enforcement or appropriate remedies against party states which violate the laws or regulations adopted pursuant to this compact.  History of Section.P.L. 1986, ch. 300,  1. 
 23-19-1.1. Mission statement. The Rhode Island Resource Recovery Corporation shall provide the utmost in protection of public health and the environment while working towards having no impacts on the quality of life in the surrounding neighborhoods. The corporation shall set an example of being a good neighbor by minimizing the impacts of its operations on the surrounding community while setting high industry standards for recycling and waste disposal. The corporation shall seek the best mix of public and private processing, recycling and disposal systems, programs, and facilities for both commercial and municipal waste to meet Rhode Islands needs.  History of Section.P.L. 2004, ch. 366,  1. 
 23-19-1. Short title. This chapter shall be known and may be cited as the Rhode Island Resource Recovery Corporation Act.  History of Section.P.L. 1974, ch. 176,  1; G.L. 1956,  23-46.1-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-1; P.L. 1996, ch. 303,  2. 
 23-19-10.1. Construction of gas pipelines. The corporation shall have the same rights and liabilities as public utilities when installing gas pipelines along or under interstate highways in the state including those rights and liabilities outlined in chapters 8 and 12 of title 24 and  39-1-2.  History of Section.P.L. 1984, ch. 373,  1. 
 23-19-10.2. Solid waste disposal facilities  Sites  Eminent domain. (a) The Rhode Island resource recovery corporation shall operate only those public solid waste disposal facilities that shall comply with  23-18.9-9.1. Sites shall be selected after demonstration of maximizing the use of source reduction, reuse, recycling, flow control techniques, evaluation of alternative sites, and assessment of comparative environmental impact at the proposed sites in accordance with law and state planning council regulations and in their absence, the state planning council shall promulgate regulations for the evaluation and/or assessment, and distribution of location of sites for waste facilities among the regions of the state. All proposed sites shall be submitted to the state planning council which shall certify that each proposed site conforms with the state guide plan; provided, however, that certification shall not be granted prior to the publication of public notice and expiration of the public comment period regarding the proposed site, and, provided, further, that no municipality shall cause any act to be done after December 31, 1988 which shall prohibit a solid waste disposal facility site within the municipality.  (b)(1) There shall be established a solid waste facilities siting board which shall be part of the department of administration whose members shall be designated by the governor as follows: the governors legal counsel; the director of the department of administration; a business or industry representative; a member of the league of cities and towns; and environmental advocate.  (2) The corporation shall submit to the board a written report that shall detail the need to acquire the land or an interest in the land by purchase or by the exercise of the power of eminent domain. The board shall convene in a public forum following public notice and shall accept public comment. No later than thirty (30) days thereafter, the board shall submit to the governor a transcript of the public comment and an advisory opinion on the need to acquire the land or the interest in the land and, as applicable, on the need to acquire the land or interest in the land by the exercise of the power of eminent domain. The governor, in his or her discretion, may authorize the corporation to acquire the land or the interest in the land by purchase or, as applicable, by the exercise of the power of eminent domain; provided, however, that the corporation is prohibited from acquiring land or an interest in land by purchase or by condemnation for the operation of a solid waste disposal facility without the prior written authorization of the governor.  (3) The director of the department of administration shall provide suitable staff, clerical assistance, and office space to the board.  (c)(1) Subject to the provisions in subsections (a) and (b), the Rhode Island resource recovery corporation shall have the right to acquire any land, or any interest therein, by the exercise of the power of eminent domain, whenever it shall be determined by the corporation that the acquisition of the land, or interest, is necessary for the construction or the operation of any solid waste management facility. No municipal ordinance shall be enacted or applied so as to prohibit the siting or the operation of a public solid waste disposal facility within the municipality. Provided, however, the corporation shall not be entitled to acquire by eminent domain any existing sanitary landfill regardless of whether it is owned by a municipality or privately owned. Notwithstanding the provisions of title 23, the corporation shall not be empowered to order a municipality which owns a sanitary landfill to accept solid waste from any other person or municipality nor shall the corporation be empowered to order a municipality which owns and operates an existing sanitary landfill to dispose of its solid waste at any other solid waste disposal facility.  (2) The necessity for the acquisition shall be conclusively presumed upon the adoption by the corporation of a resolution declaring that the acquisition of the land, or interest in the land, described in the resolution is necessary for construction or operation. Within six (6) months thereafter the corporation shall cause to be filed in the land evidence records of the city or town in which the land is located a copy of the resolution of the corporation, together with a description of the plat of the land or interest in the land, and a statement, signed by the chairperson of the corporation, that the land, or interest in the land, is taken pursuant to the provisions of this chapter. Thereupon the corporation may file its application for licensure with the director.  (3) The corporation shall file in the superior court in and for the county in which the land or interest in the land lies, a statement of the sum of money estimated by the corporation to be just compensation for the land taken. Upon the filing of the copy of the resolution, plat, and statement in the land evidence records of the city or town, the filing in the superior court of the statement, and the depositing in the superior court to the use of the persons entitled to it of the sum that the court shall determine to be amply sufficient to satisfy the claims of all persons interested in the land (and the court may, in its discretion, take evidence on the question to determine the sum to be deposited), title to the land, or interest in the land, shall vest in the corporation in fee simple absolute and the corporation thereupon may take possession of the land or interest in the land.  (4) No sum so paid into the court shall be charged with clerks fees of any nature. After the filing of the copy, plat, and statement, notice of the taking of the land, or interest therein, shall be served upon the owners of and persons having an estate in and interested in the land by the sheriff or his or her deputies of the county in which the land, or interest therein, lies leaving a true and attested copy of the description and statement with each of those persons personally, or at their last and usual place of abode in this state with some person living there, and in case any of those persons are absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the land, or interest in the land, taken of the absent persons if they are known to the officer; and after the filing of the resolution, plat, and statement, the chairperson of the corporation shall cause a copy of the resolution and statement to be published in some newspaper published or having general circulation in the county where the land, or interest in the land, may be located, at least once a week for three (3) successive weeks. If any person shall agree with the corporation for the price of the land, or interest in the land, so taken, the court upon the application of the parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensation to be awarded in the proceeding.  (5) Any owner of or persons entitled to any estate in or interested in any part of the land, or interest in the land, so taken, who cannot agree with the corporation for the price of the land, or interest in the land, so taken in which he or she is interested, may within three (3) months after personal notice of the taking, or, if he or she have no personal notice, may within one year from the first publication of the copy of the resolution and statement, apply by petition to the superior court in and for the county in which the land, or interest in the land, lies, setting forth the taking of his or her land or interest in the land, and praying for an assessment of damages by a jury. Upon filing of the petition the court shall cause twenty (20) days notice of the pendency of the petition to be given to the corporation by serving the chairperson of the corporation with a certified copy, and may proceed after the notice to the trial of the petition; and the trial shall determine all questions of fact relating to the value of the land, or interest in the land, and the amount, and judgment shall be entered upon the verdict of the jury and execution of judgment shall be issued against the money so deposited in court and in default against any other property of the corporation. In case two (2) or more conflicting petitioners make claim to the same land, or to any interests in the land, or to different interest in the same parcel of land, the court upon motion shall consolidate their several petitions for trial at the same time by the same jury, and may frame all necessary issues for the trial; and all proceedings taken pursuant to the provisions of this chapter shall take precedence over all other civil matters then pending before the court, or if the superior court in and for the county in which the land, or interest in the land, lies, is not in session in the county, then the petitions may be heard in the superior court for the counties of Providence and Bristol.  (6) If any land, or interest in the land, in which any minor or other person not capable in law to act in his or her own behalf is interested, are taken by the corporation, the superior court, upon the filing of a petition by or in behalf of the minor or other person, may appoint a guardian ad litem for the minor or other person, and the guardian may appear and be heard in behalf of the minor or other person; and the guardian may also with the advice and consent of the superior court and upon terms that the superior court may prescribe release to the corporation all claims for damages for the lands of the minor or other person or for any interests in the lands. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of the minor or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of the minor or other person, may, before the filing of the petition, agree with the corporation upon the amount of damages suffered by the minor or other person by any taking of his or her lands or of his or her interests in any lands, and may, upon receiving that amount, release to the corporation all claims of damages of the minor or other person for the taking.  (7) Whenever, from time to time the corporation has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons interested in the land, the court may order that the amount of the excess including any interest or increment on any sums so deposited shall be repaid to the corporation. Whenever the corporation has satisfied the court that the claims of all persons interested in the land taken have been satisfied, the unexpended balance including any interest of increment on any sums so deposited shall be paid immediately to the corporation.  (8) In any proceedings for the assessment of compensation and damages for land or interest in the land taken or to be taken by eminent domain by the corporation the following provisions shall be applicable:  (i) At any time during the pendency of the action or proceeding, the corporation or an owner may apply to the court for an order directing an owner or the corporation, as the case may be, to show cause why further proceedings should not be expedited, and the court may upon the application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.  (ii) If any of the land, or interest in the land, is devoted to a public use, except as provided in subsection (c)(1) it may nevertheless be acquired, and the taking shall be effective provided that no land, or interest in the land, belonging to a public utility corporation may be acquired without the approval of the public utilities administrator or other officer or tribunal having regulatory power over the corporation. Any land or interest in the land already acquired by the corporation may nevertheless be included within the taking for the purpose of acquiring any outstanding interests in the land.  (9) In addition to all of the proceedings and requirements provided by this section, the corporation shall further be required to follow the same statutory proceedings for the taking of land as required of state agencies when those agencies take land under the authority granted by chapter 6 of this title.  (10) The corporation is expressly prohibited from exercising its powers of eminent domain as provided in this section for the purpose of acquiring land to site additional landfills:  (i) In an attempt to circumvent the intent of any court orders or consent agreements to which it is a party; and  (ii) Until such times as it develops a comprehensive plan for and enters into a binding agreement to establish a waste processing facility(ies), as defined in  23-19-5(22).  History of Section.P.L. 1989, ch. 508,  6; P.L. 1989, ch. 514,  8; P.L. 1992, ch. 133, art. 111,  1. 
 23-19-10.3. Highway construction  Eminent domain. Subject to the limitations set forth in  23-19-10.2(b)(2), the corporation shall have the right to acquire any land, or any interest in the land, by the exercise of the power of eminent domain, whenever it shall be determined by the corporation that the acquisition of the land, or interest, is necessary for development and construction of highway access from route 295 to Scituate Avenue, or the development of an industrial/business park pursuant to  23-19-35.1(c), such exercise of the power of eminent domain to be in accordance with the procedures set forth in  23-19-10.2(c).  History of Section.P.L. 1997, ch. 222,  1; P.L. 1997, ch. 310,  1; P.L. 1998, ch. 350,  1; P.L. 2001, ch. 316,  1. 
 23-19-10. General powers and duties. The corporation shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including but without limiting the generality of the foregoing, the power to:  (1) Sue and be sued in its own name;  (2) Have an official seal and alter the same at pleasure;  (3) Have perpetual succession;  (4) Maintain an office at a place or places within the state as it may designate;  (5) Adopt and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this chapter and in a manner substantially similar to procedures set forth in the Administrative Procedures Act as specified in chapter 35 of title 42, as amended, to carry into effect the powers and purposes of the corporation and the conduct of its business; and the bylaws, rules, and regulations may contain provisions indemnifying any person who is or was a commissioner, officer, employee, or agent of the corporation, in the manner and to the extent provided in  7-1.2-814 of the Business Corporation Act;  (6) Elect or appoint officers and employ a staff and fix their duties, qualifications, and compensation;  (7) Engage the services of consultants for rendering professional and technical assistance and advice, and employ architects, engineers, attorneys, accountants, construction, and financial experts and any other advisors, consultants, and agents that may be necessary in its judgment, and to fix their compensation;  (8) Conduct any hearings, examinations, and investigations that may be necessary and appropriate to the conduct of its business and purposes;  (9) Obtain access to public records;  (10) Charge reasonable fees for the services it performs and provides;  (11) Purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with, any project, including real or personal property, or any interest therein, wherever situated;  (12) Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets for consideration and upon terms and conditions that the corporation shall determine;  (13) Make contracts and guarantees and incur liabilities, and borrow money at rates of interest that the corporation may find feasible;  (14) Make and execute agreements of lease, conditional sales contracts, installment sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other contracts and instruments necessary or convenient in the exercise of the powers and functions of the corporation granted by this chapter, which contracts may include provisions for arbitration of disputes;  (15) Lend money for its purposes, invest and reinvest its funds, and at its option take and hold real and personal property as security for the payment of funds so loaned or invested;  (16) Acquire or contract to acquire, from any person, firm, corporation, municipality, the federal government, or the state, or any agency of either the federal government or the state, by grant, purchase, lease, gift, or otherwise, or obtain options for the acquisition of any property, real or personal, improved or unimproved, and interests in land less than the fee thereof; and own, hold, clear, improve, develop, and rehabilitate, and sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same for the purposes of carrying out the provisions and intent of this chapter, for consideration that the corporation shall determine;  (17)(i) Sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber any of its projects, (or in the case of a sale to accept a purchase money mortgage in connection with the project) or grant options for any purposes with respect to any real or personal property or interest therein, all of the foregoing for the consideration that the corporation shall determine. Any lease by the corporation to another party may be for that part of the corporations property, real or personal, for a period, upon terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for consideration, at or after the retirement of all indebtedness incurred by the corporation on account thereof, as the corporation shall determine;  (ii) Without limiting the generality of the foregoing, the corporation is expressly empowered to lease or sell any part of the real or personal property owned or controlled by the corporation to the state, or any department of the state or to any municipality. The provisions of this section or of any other laws of this state (other than this chapter) restricting the power of the state, its departments or any municipality, to lease or sell property, or requiring or prescribing publication of notice of the intention to lease or sell, that would in any manner interfere with the purpose of this section, which is to provide for the mutual cooperation by and between the corporation and the state, its departments, or any municipality, to the fullest extent possible, are not applicable to leases and sales made pursuant to this section;  (18) Manage any project, whether then owned or leased by the corporation, and enter into agreement with the state or any municipality or any person, firm, partnership, or corporation, either public or private, for the purpose of causing any project to be managed;  (19) Make plans, surveys, studies, and investigations necessary or desirable, in conformity with applicable provisions of the state guide plan as promulgated and provided for by the state planning agency, with the participation of the state planning council with due consideration to local plans and other state plans;  (20) Design or provide for the design of the solid waste management facilities that the corporation will construct or cause to be constructed, as well as designs for the alteration, reconstruction, improvement, enlargement, or extension of the facilities;  (21) Construct or to cause to be constructed solid waste transfer station facilities, processing facilities, resource recovery facilities, and ultimate disposal facilities and any other solid waste management facilities that may be required by the corporation for the conduct of its activities as herein provided;  (22) Construct, acquire, repair, develop, own, operate, maintain, extend, improve, rehabilitate, renovate, equip, and furnish one or more of its projects and make provision for their management, and pay all or any part of the cost of one or more of its projects from the proceeds of the bonds and notes of the corporation or from any contribution, gift, donation, or any other funds made available to the corporation;  (23) Enter upon lands and waters, upon giving due notice as may be necessary, to make surveys, soundings, borings, and any other examinations or tests as may be necessary to accomplish the purposes of this chapter;  (24) Enter into agreements or other transactions with and accept grants and the cooperation of the federal government or any instrumentality of the federal government in furtherance of the purposes of this chapter, including, but not limited to, the development, maintenance, operation, and financing of any project, and to do any and all things necessary in order to avail itself of aid and cooperation;  (25) Receive and accept bids or contributions from any source of money, property, labor, or other things of value, to be held, used, and applied to carry out the purposes of this chapter subject to the conditions upon which the grants and contributions may be made, including, but not limited to, gifts or grants from any governmental agency or instrumentality of the United States or the state, for any purpose consistent with this chapter;  (26) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any of its projects, and from time to time to modify the plans, specifications, designs or estimates;  (27) Provide advisory, consultative, training, and educational services, technical assistance and advice to any person, firm, partnership, corporation, or municipality, whether they are public or private, in order to carry out the purposes of this chapter;  (28) Review all municipal plans and proposals for the construction, or installation of solid waste management facilities;  (29) Undertake and promote the conduct of research into source separation and source reduction techniques, facilities, and systems and into other solid waste management areas for any purpose consistent with this chapter; the corporation shall consistent with regulations of the department of environmental management adopt a statewide plan for separation of solid waste at the source of generation, at collection points or transfer stations and the corporation and the department of environmental management shall cooperate on the implementation of a statewide plan. The corporation, with the assistance of the department of environmental management, will submit an annual report on the status of separation of solid waste in the state;  (30) Produce materials, fuels, energy, and by-products in any form from the processing of solid wastes by the system, facilities, and equipment under its jurisdiction, and to receive funds or revenues from their sale, and to deposit the funds or revenues in a bank or banks;  (31) Borrow money and issue revenue bonds and notes and provide for the rights of the holders, for any of its purposes, including, without limitation, the purpose of providing funds to pay all or any part of the cost of any project and all costs incident to any project, or for the purpose of refunding any bonds or notes issued;  (32) Subject to the provisions of any contract with noteholders or bondholders, consent to the modification, with respect to rate of interest, time of payments or any installment of principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the corporation is a party;  (33) In connection with the property on which it has made a mortgage loan, foreclose on the property or commence an action to protect or enforce any right conferred upon it by law, mortgage, contract, or other agreement, and bid for and purchase the property at any foreclosure or any other sale, or acquire or take possession of the property; and in that event the corporation may complete, administer, pay the principal of or interest on any obligations incurred in connection with the property, dispose of and otherwise deal with the property in a manner that may be necessary or desirable to protect the interest of the corporation;  (34) As security for the payment of principal and interest on any bonds or notes or any agreements made in connection therewith, mortgage and pledge any or all of its projects and property, whether then owned or thereafter acquired, and pledge the revenues and receipts from all or part thereof, and assign and pledge the leases, sales contracts, or loan agreements or other agreements on any portion or all of its projects and property, and assign or pledge the income received by virtue of the lease, sales contracts, loan agreements, or other agreements;  (35) Invest any funds of the corporation including funds held in reserve or sinking funds, or any money not required for immediate use or disbursement at the discretion of the corporation;  (36) Contract with the federal government, other states, state agencies, and regional authorities, as the corporation shall deem necessary or convenient in carrying out the purposes of this chapter;  (37) Be a promoter, partner, member, associate, or manager of any partnership, enterprise, or venture;  (38) Have and exercise all powers necessary or convenient to effect its purposes;  (39) Insofar as the provisions of this chapter are inconsistent with the common law or the provisions of any other laws of this state, general or special, restricting the power of any public agency to enter into long term contracts which exceed the term of the governing body of the agency or its members, the provisions of this chapter are controlling and the corporation shall be deemed to have the power to enter into long term contracts which extend beyond the terms of the commissioners as may be considered necessary, desirable, or convenient by the corporation; provided, however, that prior to the execution of the contract, the contract has been reviewed by the auditor general;  (40) Control the transportation, storage, and final disposal of all solid waste in the state other than from sources owned or operated by the federal government, including the final disposal of solid waste in facilities owned, operated, controlled, financed, or otherwise designated by the corporation; provided, however, that the corporation shall not be empowered to engage in the transportation, transfer, or storage of solid waste, other than at recycling facilities, except in temporary situations where a municipality has defaulted in its obligation under this act or in conjunction with its activities at its disposal sites; provided, however, that the corporation shall not be empowered to take any action that would adversely affect or impair the validity of rights and obligations under any valid contract for the disposal of municipal waste, which was in effect on March 1, 1985, or any extension of the contract if extension was approved by the corporation, or the right of any municipality to continue the operation of its own landfill until closure if the landfill was in use by the municipality on December 1, 1986;  (41) Undertake and promote continuing efforts to reduce the waste stream to the extent practicable and economically feasible;  (42) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, sell, convey, and otherwise deal in and with real or personal property, wherever situated; and  (43) Conduct a training course for newly appointed and qualified members and new designees within six (6) months of their qualification or designation. The course shall be developed by the executive director of the corporation, approved by the corporation, and conducted by the executive director of the corporation. The corporation may approve the use of any corporation or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: the provisions of this chapter, chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38; and the corporations rules and regulations.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1977, ch. 182,  6; P.L. 1978, ch. 305,  9; G.L. 1956,  23-46.1-10; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-10; P.L. 1982, ch. 262,  1; P.L. 1986, ch. 102,  1; P.L. 1986, ch. 522,  2; P.L. 1987, ch. 221,  1; P.L. 1987, ch. 572,  1; P.L. 1992, ch. 133, art. 111,  1; P.L. 1997, ch. 222,  2; P.L. 1997, ch. 310,  2; P.L. 2001, ch. 86,  80; P.L. 2005, ch. 36,  19; P.L. 2005, ch. 72,  19; P.L. 2006, ch. 26,  1; P.L. 2006, ch. 52,  1; P.L. 2009, ch. 310,  3. 
 23-19-11.1. Initial resource recovery system development plan. Notwithstanding the provisions of  23-19-11, in view of current solid waste disposal needs in the state, the corporation shall implement a solid waste processing system as soon as possible conforming to the following criteria:  (1) The system shall consist of a waste processing facility that may be either publicly or privately owned with a nameplate capacity not to exceed one thousand (1,000) tons per day.  (2) The facilities shall be located at the central landfill in Johnston.  (3) Any energy revenues which may be generated by the facilities may inure to the benefit of either the corporation or the vendor or both.  (4) The corporation shall select through competitive bidding, vendors to construct, operate, maintain, and/or own these facilities.  (5) The state auditor general shall review and evaluate the reasonableness and fairness of all contracts and agreements related to the construction, operation, and maintenance of the facilities. The corporation shall test residue of facilities at least semi-annually.  (6) In choosing vendors for the facilities, preference shall be given to vendors who:  (i) Provide private financing and privately own the facilities with minimal or no financial risk to the corporation or state;  (ii) Provide a waste processing facility technology that on-site separates, recovers for recycling and composting the highest percentage of the waste stream and lowest amount of residue;  (iii) Demonstrate the highest number of primary and secondary markets for materials recovered from the waste stream and alternative material uses in the event a material market fails or becomes economically infeasible;  (iv) Can provide the greatest degree of flexibility in the type of materials outputted from the facility in order to adjust to changing markets for recovered materials; and  (v) Guarantee a fixed rate tipping fee and/or fixed escalation rate of tipping fees for the longest time periods.  (7) In an effort to reduce energy costs and resulting tipping fees at the facilities, the corporation may consider the use of a natural gas cogeneration unit as an integral part of the facility provided that the maximum output of the cogeneration unit does not exceed twenty-five (25) megawatts. The inclusion or addition of a gas cogeneration component shall not delay the permitting, construction and operation of the facilities and the gas cogeneration components may be added to the facilities after construction or operation of the facilities begins.  (8) In addition to any source separation programs for household hazardous waste, the facilities shall have the capacity to separate household hazardous wastes and hazardous wastes from the waste stream and it shall be the responsibility of the corporation to provide for proper disposal of those hazardous wastes at a licensed facility. The corporation may enter an agreement with the facility vendor to provide for proper disposal.  History of Section.P.L. 1986, ch. 522,  3; P.L. 1989, ch. 126, art. 54,  1; P.L. 1992, ch. 133, art. 111,  1; P.L. 2006, ch. 26,  1; P.L. 2006, ch. 52,  1. 
 23-19-11.2. Improvements of the central landfill. (a) Under the initial resource recovery system set forth in  23-19-11.1, it will be necessary to continue to use the central landfill in Johnston for a significant portion of the states solid waste. In order to minimize the impact on the community of the use of the central landfill, the state and the corporation shall implement a central landfill improvement plan as soon as possible.  (b) The central landfill improvement plan shall include, but shall not be limited to, the following projects:  (1) The installation of city water in certain parts of the west of Johnston adjoining the landfill or which are impacted by its operation.  (2) Reconstruction of Green Hill Road from Plainfield Pike to Shun Pike.  (3) Minimization of visual impact of the central landfill to the extent possible by the use of fencing, grading, seeding, or the planting of vegetation and the development of an industrial/business park pursuant to  23-19-35.1(c).  (c) The director of the department of administration is authorized and empowered to make advances from the general fund of the state to the corporation to fund the improvements set forth in subsection (b). The advances shall be returned to the general fund at the time or times that the director shall have specified and that the total amount of the advances shall be returned to the general fund at the time or times that the director shall have specified, and that the total amount of the outstanding and unreturned advances at any one time shall not exceed four million dollars ($4,000,000); and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the advances upon receipt by him or her of proper vouchers signed by the director of administration; and the corporation shall repay the advances with proceeds of the bonds or notes issued by the corporation to permanently fund the improvements or from other corporation funds.  History of Section.P.L. 1986, ch. 522,  3; P.L. 2001, ch. 316,  1. 
 23-19-11.3. Central landfill  Water quality and public health. (a) The corporation shall be committed to completion of appropriate studies of the ground and surface water under and adjacent to the central landfill to determine whether and to what extent contamination from the central landfill may affect water quality or public health, and to what extent any contamination has a significant impact on human health or the environment. This requirement may be satisfied in part or in full by studies already underway and in compliance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.,  9601 et seq. (CERCLA) or other applicable federal or state environmental statutes.  (b) If the studies determine that there is in fact an impact by the landfill on water quality or public health, which is not remediated by the installation of public water, then the corporation shall be responsible to take additional remedial action required to further protect public health or to preserve important environmental qualities which are determined to be threatened. As in the case of studies, this requirement may be satisfied in whole or in part by remedial actions required under CERCLA or other applicable federal or state environmental statutes.  History of Section.P.L. 1986, ch. 522,  3. 
 23-19-11.4. Initial resource recovery facilities. In view of the criticality of the solid waste disposal problem in the state, the procurement of the statutorily mandated Central Falls resource recovery facilities included in the initial resource recovery system shall not be subject to the provisions of chapter 2 of title 37.  History of Section.P.L. 1990, ch. 461,  13. 
 23-19-11. Planning requirements. Planning responsibilities of the corporation shall include, but not be limited to: (1) The preparation of a statewide resource recovery system development plan which will indicate the location, type, and size of solid waste management facilities, including without limitation, transfer stations, waste processing facilities, and ultimate disposal facilities which may be required to serve the future needs of the state and its municipalities through the development of an integrated statewide resource recovery system for the effective management of solid waste;  (2) The plan shall be in conformity with the applicable provisions of the state guide plan;  (3) The plan will be subject to amendment;  (4) In developing the plan, the corporation will assure that:  (i) The orderly extension of future solid waste facilities and management systems are provided for in a manner consistent with the needs and plans of the whole area, and in a manner consistent with the state departments of health and environmental management rules and regulations for locating and operating solid waste facilities;  (ii) All aspects of planning, zoning, population estimates, engineering, and economics are taken into consideration to delineate with all practical precision those portions of the area which may reasonably be expected to be served by a given time frame, as determined by the corporation;  (iii) Appropriate time schedules are set for the phasing in of the required component parts of the system.  (iv) Future solid waste disposal facilities shall be regional in size and emphasize the geographic and political nature of the surrounding area.  (5) In the interim prior to the completion of the statewide plan, the corporation is authorized to develop component facilities as may be required to carry out the purposes of this chapter; provided, however, upon completion of the plan, all projects of the corporation undertaken thereafter shall be in conformity with the plan; and  (6) The corporation shall cooperate with the department of environmental management and other state and local agencies in the development of a comprehensive statewide solid waste management plan, of which the corporations statewide resource recovery system development plan shall be a component part. Nothing in this chapter shall be interpreted as limiting the authority of the department of environmental management to prepare a statewide, comprehensive, solid waste management plan, including, but not limited to, any plan required by any federal law, rules, or regulations to meet federal requirements that may be conditions precedent to receiving federal assistance.  (7) The plan shall not include incineration of solid waste.  (8) The plan shall limit the use of landfills to providing temporary backup or bypass disposal capacity and residue disposals from waste processing facilities. The plan shall also seek to minimize landfilling of any type of waste and phase out the use of landfills for waste disposal.  (9) The plan shall include composting of yard waste and other appropriate organic wastes.  (10) The plan shall consider the financial feasibility of modifying, curtailing, or supplanting the provisions of chapter 19.1 of this title in light of the requirements for waste processing facilities.  (11) The plan shall primarily rely on a system of waste processing facilities.  (12) The plan shall provide that the corporation actively pursue research and develop new uses for materials recovered from solid waste to maximize revenue from recycled materials.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  10; G.L. 1956,  23-46.1-11; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-11; P.L. 1989, ch. 508,  5; P.L. 1992, ch. 133, art. 111,  1. 
 23-19-12. Powers of the department of health and the department of environmental management. Nothing else contained in this chapter shall be construed to affect the powers granted to the department of health and the department of environmental management pursuant to chapters 1 and 18.9 of this title as amended. Further, any solid waste facilities under the jurisdiction of the corporation shall be subject to the regulatory and enforcement activities of the department of environmental management.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1977, ch. 182,  6; P.L. 1978, ch. 131,  3; G.L. 1956,  23-46.1-12; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-12; P.L. 1989, ch. 542,  49. 
 23-19-13.1. Disposal of solid waste originating outside the state prohibited  Rules and regulations. (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 corporations 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 corporations 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.  History of Section.P.L. 1980, ch. 255,  1; P.L. 1987, ch. 592,  2; P.L. 2000, ch. 217,  1; P.L. 2009, ch. 314,  1; P.L. 2009, ch. 315,  1; P.L. 2011, ch. 248,  1; P.L. 2011, ch. 254,  1. 
 23-19-13.2. Disposal of infectious and pathological waste. (a) No resource recovery system or facility made available by the corporation shall accept or burn any infectious or human or animal pathological waste from any hospital, clinic, medical laboratory, nursing home, medical examiner, or teaching hospital. Any facility violating this provision shall be fined not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000). The fine shall be paid to the city or town in which the facility is located.  (b) Any person who shall knowingly and willfully perform any act or shall conspire with any person, hospital, clinic, medical laboratory, medical examiner, or teaching hospital to perform any act in violation of the provisions of this section shall be fined not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000).  History of Section.P.L. 1985, ch. 453,  1; P.L. 1988, ch. 587,  1; P.L. 1989, ch. 241,  1; P.L. 1989, ch. 244,  1. 
 23-19-13.3. Prohibiting business due to conviction of certain acts. Any person, firm, or corporation engaged in the business of collecting and/or disposing of solid waste, which has been convicted of violating any statute relating to bribery, fraud, or bid-rigging in this state or in any other state in this country, shall for a period of three (3) years from the date of conviction, be prohibited from doing business in this state.  History of Section.P.L. 1989, ch. 506,  1. 
 23-19-13.4. Host community assessment committee  Definition  Funding  Powers and duties. (a) All applicants shall within seven (7) days from the date of the filing for a solid waste disposal license, notify the chief elected official or the chief executive officer of the municipality in which the facility is proposed to be sited of the filing for a solid waste disposal license. Within thirty (30) days of the date of the notice, the municipality may submit to the director a request for an amount not to exceed seventy-five thousand dollars ($75,000) for the establishment of a local host community assessment committee which shall negotiate with the applicant a host community agreement that includes a host community benefit package. The host community agreement may address, but shall not be limited to, traffic concerns, hours of operation, highway improvements and litter control. The agreements may be over-ridden in the case of emergency by the director. The host community agreement may provide for benefits to the municipality, either monetary or nonmonetary which are in addition to the payments required by subsection (b). The request shall be in writing and shall state reasons for the requested amount. Within twenty (20) days of the receipt of the written request of the municipality, the director shall determine the amount payable by the applicant for establishment of the local host community assessment committee based upon the reasons stated in the request. The director shall notify the applicant and the municipality of the determination and the terms and conditions of payment. The failure of the applicant to comply shall be considered a withdrawal of the application.  (b) All public solid waste landfill and waste to energy facilities shall be required to pay to the municipality at minimum a per annum fee of one dollar ($1.00) per ton of solid waste disposed at the site or seven hundred fifty thousand dollars ($750,000), whichever is greater. The director may, by regulation, determine and impose disposal fees for other solid waste facilities.  History of Section.P.L. 1989, ch. 508,  6, P.L. 1989, ch. 514,  8. 
 23-19-13.5. Interim rates. The municipal tipping fee charged by the resource recovery corporation shall be as follows:  (1) Thirty-two dollars ($32.00) per ton from July 1, 2011 to June 30, 2015, for any municipality that recycles between zero percent (0%) and twenty-four and ninety-nine hundredths percent (24.99%) of its solid waste at the Corporations material recycling facility (MRF) in Johnston.  (2) Thirty-one dollars ($31.00) per ton from July 1, 2011 to June 30, 2015, for any municipality that recycles between twenty-five percent (25%) and twenty-nine and ninety-nine hundredths percent (29.99%) of its solid waste at the Corporations (MRF) in Johnston.  (3) Thirty dollars ($30.00) per ton from July 1, 2011 to June 30, 2015, for any municipality that recycles between thirty percent (30%) and thirty-four and ninety-nine hundredths percent (34.99%) of its solid waste at the Corporations (MRF) in Johnston.  (4) Twenty-nine dollars ($29.00) per ton from July 1, 2011 to June 30, 2015, for any municipality that recycles thirty-five percent (35%) or more of its solid waste at the Corporations (MRF) in Johnston.  (5) The Corporation shall issue a rebate not later than September 1 of each year to those municipalities qualifying for a year-end tipping fee adjustment according to the municipalitys actual recorded tonnage delivered to the MRF in Johnston, and in accordance with the provisions of the municipalitys current-year signed solid waste and recycling services agreement with the corporation.  (6) The corporation shall provide a rate plan with its proposed budget to be submitted to the state on or before October 1, 2014, in accordance with  23-19-37.  History of Section.P.L. 2010, ch. 23, art. 10,  4; P.L. 2011, ch. 151, art. 3,  2; P.L. 2014, ch. 145, art. 6,  1. 
 23-19-13.6. Cover materials not permitted. (a) No resource recovery system or facility made available by the corporation shall use the following as material to cover compacted solid waste at a sanitary landfill:  (1) Construction and demolition debris, whole, shredded, or pulverized, including wood (including painted, treated, and coated wood and wood products), land-clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles, and other roof coverings; or  (2) Organic materials, including materials that contain carbon-to-carbon bonds and are biodegradable, such as paper, wood, food waste, leaves, and yard waste. Organic materials may be used only as a final landfill cover with approval of the department of environmental management.  (b) Any facility violating the provisions of this section shall be fined not less than two thousand five hundred dollars ($2,500), nor more than five thousand dollars ($5,000). The fine shall be paid to the city or town in which the facility is located.  History of Section.P.L. 2012, ch. 487,  1; P.L. 2018, ch. 12,  1; P.L. 2018, ch. 20,  1. 
 23-19-13. Municipal participation in state program. (a)(1) Any person or municipality which intends to transfer, treat, or dispose of solid waste originating or collected within the state, or which intends to make arrangements to do so, shall utilize, exclusively, a system or facility designated by the corporation as provided under this chapter. All transfer stations in existence as of December 1, 1986, are empowered so long as they maintain the appropriate license to continue their operations, and the corporation shall not exercise its powers under this chapter to compete with their operation and activity. No municipality shall have power to engage in, grant any license, or permit for or enter into any contract for the collection, treatment, transportation, storage, or disposal of solid waste, and no municipality or any person shall engage in any activities within the state, including disposal of solid waste, which would impair the ability of the corporation to meet its contractual obligations to its bondholders and others, or which would be in competition with the purposes of the corporation as provided in this chapter. The corporation shall not be empowered to engage in the transportation, transfer, or storage of solid waste, except in temporary situations where a municipality has defaulted in its obligation under this section, or in conjunction with its activities at its disposal sites. Provided, however, that municipal contracts which were in existence on March 1, 1985, are excepted from this requirement until expiration of the original term of the contract or the expiration of any extension approved by the corporation, or sooner termination of the contracts, and provided, further, that municipalities operating their own landfills on December 1, 1986 shall be free to continue to use the landfills until closure of the landfills. Without limiting the generality of the preceding, municipalities and persons are expressly empowered to contract with the corporation and/or, subject to the approval of the corporation, with a duly licensed private disposal facility for the disposal of solid wastes. The approval shall be conditioned upon a finding by the board of commissioners of the corporation that any proposed contract with a Rhode Island municipality or person is in conformity with the statewide resource recovery system development plan and this chapter, and that the proposed contract will not impair the ability of the corporation to meet its contractual obligations to its bondholders and others. The contracts may have a maximum total term, including all renewals, of up to fifty (50) years.  (2) The corporation shall charge fees for its solid waste management services that, together with other revenues available to the corporation, will, at a minimum, be sufficient to provide for the support of the corporation and its operations on a self-sustaining basis, including debt service on its bonds and other obligations.  (b) Insofar as the provisions of this chapter are inconsistent with the provisions of any other laws of this state, general, special, or local, restricting the power of any municipality to enter into long term contracts with the corporation, the provisions of this chapter shall be controlling. The corporation shall provide suitable and appropriate assistance to communities under these circumstances. Notwithstanding the preceding, if the corporation deems it desirable, it may from time to time permit municipalities to contract among themselves for the disposal of their wastes.  (c) Municipalities, along with private producers of waste which contract with the corporation for disposal of their wastes, shall continue to be free to make their own arrangements for collection of wastes at the source and/or the hauling of wastes to the designated processing and/or transfer stations, so long as those arrangements are in compliance with the provisions of chapter 18.9 of this title and with this chapter, and any municipal license relating thereto.  (d) All municipalities and state agencies which are participants in the state waste disposal program shall initiate a separation and recycling program within one year after the date on which the resource recovery facility utilized by that municipality or agency is operational and accepting waste for incineration.  (e)(1) The corporation and any municipality may enter into a contract or contracts providing for or relating to the disposal of solid waste originating in the municipality and the cost and expense of the disposal.  (2) The contract may be made with or without consideration and for a specified or unspecified time not to exceed fifty (50) years, and on any terms and conditions which may be approved by the municipality and which may be agreed to by the corporation in conformity with its contracts with the holders of any bonds or other obligations. Subject to the contracts with the holders of bonds, the municipality is authorized and directed to do and perform any and all acts or things necessary, convenient, or desirable to carry out and perform the contract and to provide for the payment or discharge of any obligation under the contract in the same manner as other obligations of the municipality.  (3) All municipalities that contract with the corporation for the disposal of solid waste shall prepare as an addendum to its fiscal year 2010 contract with the corporation and any contracts with the corporation for the subsequent years a plan that includes a description of the process by which thirty-five percent (35%) of its solid waste will be recycled and fifty percent (50%) of its solid waste will be diverted beginning July 1, 2012. This addendum shall include a residential and municipal waste stream evaluation, a plan for the reduction of solid waste and recyclables generated and the process by which recyclable materials are to be segregated. The corporation shall have the right to execute or deny execution of the municipal solid waste and recycling services contract pending approval of the addendum. Once the corporation approves this addendum, the municipality must implement the plan and report on the results annually to the corporation. The corporation shall enforce the provisions of this section pursuant to subdivision (g)(3).  (4) The corporation shall notify every city or town that it contracts with as to the addendum requirements that must be included in contracts to recycle thirty-five percent (35%) and divert fifty percent (50%) of solid waste beginning July 1, 2012.  (f) The municipalities and the state have shared responsibility for the payment of the cost of municipal solid waste disposal. The state will pay its share of the cost of the solid waste disposal services to be provided by the corporation to the municipalities at its solid waste management facilities and its central landfill in the town of Johnston, and at any back-up facility which the corporation is required to provide, by providing solid waste disposal operating subsidies as provided in subsections (i) and (j).  (g)(1) The corporation shall charge each municipality with which it has a long-term contract for solid waste disposal services a tipping fee per ton of source separated solid waste excluding separated recyclable materials, sludge, and demolition debris delivered to any corporation facility computed in accordance with this subsection. For purposes of this chapter, fiscal year shall mean the twelve-month period, July 1 to June 30. The municipal tipping fee shall be equal to one hundred seven and one-half percent (107.5%) of the prior fiscal years municipal tipping fee through the end of the 2009 fiscal year. One dollar and ten cents ($1.10) per ton on all garbage, including recycled garbage, collected by the corporation as tipping fee shall be paid to the town of Johnston. In addition to any other fees the corporation shall also charge a three dollar ($3.00) tipping fee per vehicle. Any vehicle carrying municipal solid waste shall be exempt from this three dollar ($3.00) tipping fee. All fees collected shall be paid to the town of Johnston on a biannual basis. No tipping fee shall be charged for recyclable materials delivered to a recycling facility provided by or through the corporation.  (2) Notwithstanding the provisions of subdivision (g)(1), the municipal tipping fee may be increased, if, due to the commencement of operation of a new resource recovery facility during the previous fiscal year, the state subsidy as calculated pursuant to subsection (i), not considering landfill revenues and losses, is projected to be greater than the state subsidy projected by the corporation and the department of administration when the projections were officially accepted by the corporation on the basis of contracts entered into for the initial resource recovery facility. The amount by which the projected state subsidy exceeds the original projections will be apportioned between the state and the municipalities in the same ratio as the state subsidy for the previous year divided by the number of tons of municipal solid waste processed by the corporation bears to the municipal tipping fee for that year. The increased municipal tipping fee herein provided shall be subject to the same escalation factor as the municipal tipping fee set forth above.  (3) The corporation shall establish in the contract, the maximum amount of municipal solid waste that each municipality will be entitled to deliver to the corporation at the municipal tipping fee. Solid waste in excess of the contract amount will be charged to the municipality at the non-municipal rate. In determining the maximum amount of municipal solid waste which will qualify for the municipal tipping fee, the corporation shall consider the municipalitys solid waste per capita average, the statewide solid waste per capita average, and any other factors that it shall deem appropriate.  (4) Seaweed collected and removed by a municipality shall be deemed yard waste for purposes of this chapter and any rules, regulations and/or plans promulgated by the corporation pursuant to this chapter, and shall be accepted by the corporation at the same rate and cost as all other municipal yard waste.  (h) The corporation, after the initial resource recovery facility becomes operational, shall charge each non-municipal user of its facilities a fee per ton equal to the projected annual resource recovery system cost less energy revenues and interest earnings on bond reserve funds, if any, divided by the projected tons to be processed by the corporation at its resource facilities for the year. Landfill costs shall not be considered in the calculation unless landfill costs exceed revenues generated at the landfills; in those cases, excess landfill costs will be added to the system costs.  (i) The annual state subsidy for the cost of disposal of municipal solid waste shall be calculated for each fiscal year or portion of each fiscal year according to the following formula: The annual state subsidy shall equal the total projected annual resource recovery system costs (minus costs associated with the central landfill) for the next fiscal year less the sum of the following: (1) projected resource recovery system revenues for the year; and (2) projected landfill revenues; provided, however, that in the event that the landfill is projected to operate at a loss, the amount of the loss shall be added to the subsidy.  (j)(1) On or before October 1 of each year, the corporation shall submit a budget to the director of administration for the succeeding fiscal year using actual resource recovery system revenues and costs, and the audit of the preceding fiscal year prepared by the corporations independent auditors and accepted by the auditor general. On or before December 1 of each year, the director of administration, in consultation with the corporation, shall review the budget of the corporation and shall determine and certify the annual state subsidy for the succeeding fiscal year to the governor who shall submit to the general assembly printed copies of a budget which shall include the state subsidy as previously determined in this subsection. The state subsidy appropriation shall be on a system basis but shall contain specific appropriations for each resource recovery facility. If the amount appropriated exceeds the amount needed for a specific facility, the corporation, with the approval of the director of administration, may reallocate the appropriated but unadvanced funds to other corporation facilities or costs. If the audit prepared by the corporations independent auditors indicates that the amounts appropriated and disbursed to the corporation as a subsidy were in excess of the amounts which would have been required for the year if actual resource recovery system revenues and costs had been used in the calculation of the subsidy, the excess shall be credited against the current fiscal years subsidy.  (2) At any time, if the corporation determines that the state subsidy will be insufficient to discharge the corporations obligations for the current fiscal year, it shall request, in writing, to the director of administration for a supplemental appropriation. After review, the director of administration will recommend to the governor additional funding for the corporation, and the governor after further review, shall submit a supplemental appropriation bill request for the funds to the general assembly.  (3) From the appropriations made by the general assembly, the state controller is authorized and directed to draw his or her orders upon the general treasurer every month for the payment of those sums that may be required upon receipt by him or her of properly authenticated vouchers.  (k) If, in any fiscal year, the appropriation for the state subsidy is not made and if the corporation has insufficient other funds to discharge its obligations to holders of its bonds and notes as certified by the state auditor general, the corporation shall be empowered to charge both municipal and non-municipal users whatever fees are necessary to discharge its obligations to holders of its bonds and notes, and the municipal tipping fee set forth in subsection (g) shall not be applicable for the fiscal year.  (l) On or after the date established for separation of recyclable solid waste in the statewide plan for separation of recyclables by the department of environmental management, only segregated solid waste shall be accepted at the corporations facilities.  (m) Costs associated with participation in the state program shall not constitute state mandated costs under  45-13-7.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1975, ch. 272,  1; P.L. 1978, ch. 305,  11; G.L. 1956,  23-46.1-13; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-13; P.L. 1980, ch. 384,  1; P.L. 1983, ch. 39,  1; P.L. 1986, ch. 522,  2; P.L. 1989, ch. 365,  1; P.L. 2001, ch. 86,  80; P.L. 2005, ch. 192,  1; P.L. 2005, ch. 199,  1; P.L. 2005, ch. 283,  1; P.L. 2008, ch. 93,  3; P.L. 2008, ch. 122,  3; P.L. 2011, ch. 151, art. 3,  1. 
 23-19-14. Bonds and notes of the corporation. (a) The corporation shall have the power and is authorized to issue from time to time its negotiable bonds and notes in one or more series in principal amounts that in the opinion of the corporation shall be necessary to provide sufficient funds for achieving its purposes, including the payment of interest on bonds and notes of the corporation, the establishment of reserves to secure the bonds and notes (including the reserve funds created pursuant to  23-19-17), and the making of all other expenditures of the corporation incident to and necessary or convenient to carrying out its purposes and powers.  (b) All bonds and notes issued by the corporation may be secured by the full faith and credit of the corporation, or may be payable solely out of the revenues and receipts derived from the lease, mortgage, or sale by the corporation of its projects or of any part of its projects, from repayment from any loans made by the corporation with regard to any of its projects or any part of its projects, or from other contractual arrangements entered into by the corporation with respect to its projects, all as may be designated in the proceedings of the corporation under which the bonds or notes shall be authorized to be issued. The bonds and notes may be executed and delivered by the corporation at any time from time to time, may be in any form and denominations and of any tenor and maturities, and may be in bearer form or in registered form, as to principal and interest or as to principal alone, all as the corporation may determine.  (c) Bonds and notes may be payable in installments and at times not exceeding fifty (50) years from the date issued as shall be determined by the corporation.  (d) Bonds and notes may be payable at any place, whether within or without the state, may bear interest at a rate or rates payable at the time or times and at any place or places and evidenced in any manner, and may contain any provisions not inconsistent herewith, all as shall be provided in the proceedings of the corporation under which they shall be authorized to be issued.  (e) There may be retained by provision made in the proceedings under which any bonds or notes of the corporation are authorized to be issued, an option to redeem all or any part of the bonds or notes, at prices and upon notice, and on further terms and conditions that shall be set forth on the record of the proceedings and on the face of the bonds or notes.  (f) Any bonds or notes of the corporation may be sold from time to time at the prices, at public or private sale, and in the manner that shall be determined by the corporation, and the corporation shall pay all expenses, premiums, and commissions as it shall deem necessary or advantageous in connection with the issuance and sale of any bonds or notes.  (g) Money of the corporation, including proceeds from the sale of bonds or notes, and revenues, receipts, and income from any of its projects, may be invested and reinvested in obligations, securities, and other investments consistent with the provisions of  23-19-10(35) as shall be specified in the resolutions under which the bonds or notes are authorized.  (h) Issuance by the corporation of one or more series of bonds or notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or any other project, but the proceedings upon which any subsequent bonds or notes may be issued shall recognize and protect a prior pledge or mortgage made for a prior issue of bonds or notes unless in the proceedings authorizing the prior issue, the right is reserved to issue subsequent bonds or notes on a parity with the prior issue.  (i) The corporation is authorized to issue bonds or notes for the purpose of refunding its outstanding bonds or notes, including the payment of any redemption premium and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the bonds or notes, and, if deemed advisable by the corporation, for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any project, or the making of loans on any project. The proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the corporation, to the purchase, retirement at maturity, or redemption of the outstanding bonds or notes either on the earliest or a subsequent redemption date, and may, pending the application, be placed in escrow. The escrowed proceeds may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit, time deposits, or repurchase agreements secured or guaranteed by the state or the United States, or an instrumentality of either, maturing at a time or times that shall be appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds or notes to be so refunded. The interest, income and profits, if any, earned or realized on the investment may also be applied to the payment of the outstanding bonds or notes to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interests, income and profits, if any, earned or realized on the investments, may be returned to the corporation for use by it in furtherance of its purposes. The portion of the proceeds of bonds or notes issued for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, developing, or improving any project, or the making of loans on any project, may be invested and reinvested in obligations, securities, and other investments consistent herewith as shall be specified in the resolutions under which the bonds or notes are authorized and which shall mature not later than the times when the proceeds will be needed for its purposes. The interest, income, and profits, if any, earned or realized on the investments may be applied to the payment of all parts of the costs, or to the making of the loans, or may be used by the corporation otherwise in furtherance of its purposes. All the bonds or notes shall be issued and secured, and shall be subject to the provisions of this chapter in the same manner and to the same extent as any other bonds or notes issued pursuant to this chapter.  (j) The commissioners, the executive director of the corporation, and other persons executing the bonds or notes shall not be subject to personal liability or accountability by reason of the issuance of bonds or notes.  (k) Bonds or notes may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, body, bureau, or agency of the state, and without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this chapter and by the provisions of the resolution authorizing the issue of the bonds or notes or the trust agreement securing the bonds.  (l) The corporation, subject to agreements with noteholders or bondholders that may then be in force, shall have the power, out of any available funds, to purchase bonds or notes of the corporation, which shall thereupon be cancelled, at a price not exceeding:  (1) If the bonds or notes are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or  (2) If the bonds or notes are not then redeemable, the redemption price applicable on the earliest date that the bonds or notes become subject to redemption, plus the interest that would have accrued to that date.  (m) Whether or not the bonds and notes are of a form and character as to be negotiable instruments under the terms of the uniform commercial code, the bonds and notes are hereby made negotiable instruments within the meaning of and for all the purposes of the uniform commercial code, subject only to the provisions of the bonds and notes for registration.  (n) If a commissioner or officer of the corporation whose signature appears on bonds, notes, or coupons shall cease to be a commissioner or officer before the delivery of the bonds or notes, the signature shall, nevertheless, be valid and sufficient for all purposes, the same as if the commissioner or officer had remained in office until the delivery.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  12; G.L. 1956,  23-46.1-14; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-14; P.L. 1982, ch. 262,  2. 
 23-19-15. Short term notes. (a) Money borrowed by the corporation for the purpose of providing temporary financing of a project or projects or combination of projects pending the issuance of bonds or other notes shall be evidenced by notes or other obligations.  (b) The principal and interest of all notes or other obligations of the corporation issued under the provisions of this section shall be payable from the following:  (1) From the proceeds of bonds subsequently issued; or  (2) From the proceeds of subsequent borrowings which comply with the provisions of this section; or  (3) From general revenues of the corporation, the lien on which may be equal and proportionate with, but not superior to, that securing outstanding bonds or bonds subsequently issued.  (c) Notwithstanding any other provisions of this chapter, all the notes shall be deemed to be negotiable instruments under the laws of the state subject only to the provisions for registration contained therein.  (d) The notes or other obligations or any issue thereof shall be in a form and contain any other provisions that the corporation may determine, and the notes or resolutions or proceedings authorizing the notes or other obligations or any issue thereof may contain, in addition to any provisions, conditions, covenants, or limitations authorized by this chapter, any provisions, conditions, covenants, or limitations which the corporation is authorized to include in any resolution or resolutions authorizing bonds or notes or in any trust indenture relating bonds or notes.  (e) The corporation may issue notes or other obligations in a manner either publicly or privately on terms that it may determine to be in its best interests.  (f) The notes or other obligations may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, body, or agency of the state, without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this chapter, and by the provisions and resolutions authorizing the issuance of the notes or obligations.  History of Section.P.L. 1978, ch. 305,  13; G.L. 1956,  23-46.1-15; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-15; P.L. 1982, ch. 262,  3. 
 23-19-16. Security for bonds or notes. (a) The principal of and interest on any bonds or notes issued by the corporation may be secured by a pledge of any revenues and receipts of the corporation, and may be secured by a mortgage or other instrument covering all or any part of one or more projects, including all or part of any additions, improvements, extensions to, or enlargements of the projects thereafter made.  (b) Bonds or notes issued for the acquisition, construction, reconstruction, rehabilitation, development, or improvement of one or more projects may also be secured by an assignment of leases of, or mortgages on, or contracts of sale or other contracts or loan agreements with regard to the project or projects, and by an assignment of the revenues, receipts, payments, or repayments derived by the corporation from the leases, mortgages, sales agreements, contracts, or loan agreements.  (c) The resolution under which the bonds or notes are authorized to be issued and any mortgage, lease, sales agreement, contract, or loan agreement, or other instrument may contain agreements and provisions respecting the maintenance of the covered projects, the fixing and collection of rents, payments, or repayments or other revenues, including moneys received in repayment of loans, and interest, the creation and maintenance of special funds from rents or other revenues, and the rights and remedies available in the event of default, all as the corporation shall deem advisable.  (d) Each pledge, agreement, mortgage, contract, or other instrument made for the benefits or security of any of the bonds or notes of the corporation shall continue in effect until the principal of and interest on the bonds or notes for the benefit of which the instrument was made shall have been fully paid, or until provision shall have been made for the payment in the manner provided in the resolutions under which the bonds or notes were authorized.  (e) The corporation may provide in any proceedings under which the bonds or notes may be authorized that any project or part of any project may be constructed, reconstructed, rehabilitated, or improved by the corporation or any lessee, vendee, obligor, or any designee of the corporation, and may also provide in the proceedings for the time and manner of and requisitions for disbursements to be made for the cost of the construction, and for all certificates and approvals of construction and disbursements that the corporation shall deem necessary and provide for in the proceedings.  (f) Any resolution under which bonds or notes of the corporation are authorized to be issued (and any trust indenture established thereby) may contain provisions for vesting in a trustee or trustees properties, rights, powers, and duties in trust that the corporation may determine, including any or all of the rights, powers, and duties of the trustee appointed by the holders of any issue of bonds or notes pursuant to  23-19-19, in which event the provisions of  23-19-19 authorizing the appointment of a trustee by the holders of bonds or notes shall not apply.  (g) Any pledge made by the corporation shall be valid and binding from the time it is made. The money or property pledged and thereafter received by the corporation shall immediately be subject to the lien of the pledge without physical delivery or further act. The lien of the pledge shall be valid and binding against all parties having a claim in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice of the claim. Neither the resolution nor any instrument by which a pledge is created need be recorded.  History of Section.P.L. 1978, ch. 305,  13; G.L. 1956,  23-46.1-16; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-16; P.L. 1982, ch. 262,  4. 
 23-19-17. Capital reserve funds and appropriations. (a) The corporation may create and establish one or more special funds (referred to as capital reserve funds) and shall pay into each capital reserve fund:  (1) Any money appropriated and made available by the state for the purpose of the fund;  (2) Any proceeds of the sale of notes or bonds to the extent provided in the resolution or resolutions of the corporation authorizing the issuance of notes or bonds; and  (3) Any other money which may be made available to the corporation for the purpose of the fund from any other source or sources.  (b) All money held in any capital reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal of bonds secured in whole or in part by the fund or of the sinking fund payments hereinafter mentioned with respect to the bonds, the purchase or redemption of the bonds, the payment of interest on the bonds or the payment of any redemption premium required to be paid when the bonds are redeemed prior to maturity; provided, however, that money in the fund shall not be withdrawn at any time in an amount that would reduce the amount of the fund to less than the minimum capital reserve requirement established for the fund as hereinafter provided except for the purpose of making, with respect to bonds secured in whole or in part by the fund, payment when due, of principal, interest, redemption premiums, and the sinking fund payments hereinafter mentioned for the payment of which other moneys of the corporation are not available. Any income or interest earned by, or incremental to, any capital reserve fund due to the investment thereof, may be transferred by the corporation to other funds or accounts of the corporation to the extent it does not reduce the amount of the capital reserve fund below the minimum capital reserve fund requirement for the fund.  (c)(1) The corporation shall not at any time issue bonds secured in whole or in part by a capital reserve fund, if, upon the issuance of the bonds, the amount in the capital reserve fund will be less than the minimum capital reserve fund requirement for the fund, unless the corporation, at the time of the issuance of the bonds, shall deposit in the fund from the proceeds of the bonds to be issued, or from other sources, an amount which, together with the amount then in the fund, will not be less than the minimum capital reserve fund requirement for the fund.  (2) For the purposes of this section, minimum capital reserve fund requirement means an amount of money, as provided in the resolution or resolutions of the corporation authorizing the bonds or notes with respect to which the fund is established, equal to not more than the greatest of the respective amounts, for the current or any future fiscal year of the corporation, of annual debt service on the bonds of the corporation secured in whole or in part by the fund, the annual debt service for any fiscal year being the amount of money equal to the aggregate of:  (i) All interest payable during the fiscal year on all bonds secured in whole or in part by the fund outstanding on the date of computation; plus  (ii) The principal amount of all the bonds outstanding on the date of computation which mature during the fiscal year; plus  (iii) All amounts specified in any resolution of the authority authorizing any of the bonds as payable during the fiscal year as a sinking fund payment with respect to any of the bonds which mature after the fiscal year, all calculated on the assumption that the bonds will after the date of computation cease to be outstanding by reason, but only by reason, of the payment of bonds when due and application in accordance with the resolution authorizing those bonds of all the sinking fund payments payable at or after the date of computation.  (d) In computing the amount of the capital reserve funds for the purpose of this section, securities in which all or a portion of the funds shall be invested shall be valued as provided in the proceedings under which the bonds are authorized, but in no event shall be valued at a value greater than par.  (e) To assure the continued operation and solvency of the corporation for the carrying out of its corporate purposes, provision is made in subsection (a) for the accumulation in each capital reserve fund of an amount equal to the minimum capital reserve fund requirements for the fund. To further assure the maintenance of the capital reserve funds, the chairperson of the corporation shall annually, on or before December 1st, make and deliver to the governor his or her certificate stating the sum, if any, required to restore each capital reserve fund to the minimum capital reserve fund requirement for the fund. During each January session of the general assembly, the governor shall submit to the general assembly printed copies of a budget including the sum, if any, required to restore each capital reserve fund to the minimum capital reserve fund requirement for the fund. All sums appropriated by the general assembly, if any, and paid to the corporation shall be deposited by the corporation in the applicable capital reserve fund.  (f) All amounts paid over to the corporation by the state pursuant to the provisions of this section shall constitute and be accounted for as advances by the state to the corporation and, subject to the rights of the holders of any bonds or notes of the corporation previously or thereafter issued, shall be repaid to the state without interest from all available operating revenues of the corporation in excess of amounts required for the payment of bonds, notes, or other obligations of the corporation, the capital reserve funds and operating expenses.  (g) The corporation shall create and establish any other funds that may be necessary or desirable for its corporate purposes.  (h) The corporation may by resolution permit the issuance of bonds and notes to carry out the purposes of this chapter without establishing a capital reserve fund pursuant to this section and without complying with the limitations set forth in this section. Bonds and notes issued pursuant to this subsection may be secured by any other funds or methods that the corporation may in its discretion determine by resolution.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  14; G.L. 1956,  23-46.1-17; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-17. 
 23-19-18. Trust funds. All money received pursuant to the authority of this chapter, whether as provided from the sale of bonds or notes or as revenues, receipts, or income, shall be trust funds to be held and applied solely as provided in the proceedings under which the bonds or notes are authorized. Any officer with whom or any bank or trust company with which moneys shall be deposited as trustee, shall hold and apply the trust funds for the purposes for which the bonds or notes are authorized, subject to the applicable provisions of this chapter, the proceedings authorizing the bonds or notes, and the trust agreement securing the bonds or notes, if any.  History of Section.P.L. 1978, ch. 305,  15; G.L. 1956,  23-46.1-18; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-18; P.L. 2001, ch. 86,  80. 
 23-19-19. Remedies of bondholders and noteholders. (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 trustees 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.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  16; G.L. 1956,  23-46.1-19; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-19; P.L. 2001, ch. 86,  80. 
 23-19-2. Legislative findings. 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.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  1; G.L. 1956,  23-46.1-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-2; P.L. 1980, ch. 255,  3; P.L. 1986, ch. 522,  2; P.L. 1987, ch. 592,  2; P.L. 2016, ch. 459,  1; P.L. 2016, ch. 460,  1. 
 23-19-20. Pledge of the state. The state does hereby pledge to and agree with the holders of any notes or bonds issued under this chapter and with those parties who may enter into contracts with the corporation, that the state will not limit or alter the rights vested in the corporation to fulfill the terms of any agreements made with the holders of any notes or bonds issued under this chapter or in any way impair the rights and remedies of the holders and other parties until the notes and bonds together with their interest, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders and other parties, are fully met and discharged and the contracts are fully performed on the part of the corporation. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of the notes or bonds or contracts.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  17; G.L. 1956,  23-46.1-20; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-20; P.L. 2001, ch. 86,  80. 
 23-19-21. Credit of state not pledged. Obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the state or of any political subdivision of the state or a pledge of the faith and credit of the state or of any political subdivision, but shall be payable solely from the revenues or assets of the corporation. Each obligation issued under this chapter shall contain on its face a statement to the effect that the corporation shall not be obligated to pay the principal of the obligation nor the interest on it except from the revenues or assets pledged to the payment of the principal of or the interest on the obligation, and that neither the faith and credit nor the taxing power of the state or of any political subdivision is pledged to the payment of the principal of or the interest on the obligation.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  18; G.L. 1956,  23-46.1-21; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-21; P.L. 2001, ch. 86,  80. 
 23-19-22. Notes and bonds as legal investments. The notes and bonds of the corporation shall be legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions including savings and loan associations, building and loan associations, trust companies, savings banks and savings associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are also made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations, for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  18; G.L. 1956,  23-46.1-22; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-22. 
 23-19-23. Repealed. History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  18; G.L. 1956,  23-46.1-23; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-23; P.L. 1980, ch. 226,  17, 23; P.L. 1982, ch. 414,  10; P.L. 1983, ch. 233,  1; P.L. 1989, ch. 542,  49; P.L. 2001, ch. 86,  80; P.L. 2006, ch. 26,  1; P.L. 2006, ch. 52,  1; Repealed by P.L. 2013, ch. 307,  1, effective July 1, 2013; P.L. 2013, ch. 346,  1, effective July 15, 2013. 
 23-19-24.1. Solid waste diversion  Economic impact and strategies reporting. (a) On or before January 1, 2018, the corporation shall submit to the governor, the senate president, and the speaker of the house, a study of the economic impact of Rhode Island recycling-related industries. The study shall include, but not be limited to, direct and indirect jobs created, direct and indirect economic impacts, and the potential economic benefits of achieving the states fifty percent (50%) diversion goal.  (b) On or before January 1, 2018, the corporation shall submit to the governor, the senate president, and the speaker of the house, a report that provides strategies to achieve the states fifty percent (50%) diversion goal, including the following:  (1) A review and update of the states current diversion rate;  (2) Identification of problematic waste streams and sources and recommendations on handling those waste streams and sources;  (3) Evaluation of current programs and their effectiveness and recommendations for changes to those programs.  History of Section.P.L. 2016, ch. 421,  1; P.L. 2016, ch. 422,  1. 
 23-19-24. Reporting requirements. (a) The corporation shall, within ninety (90) days after the close of each fiscal year, submit an annual report of its activities for the preceding year to the governor, the speaker of the house of representatives, the president of the senate, the state treasurer, and the secretary of state. The report shall provide: a summary of the corporations meetings including when the commissioners, solid waste facilities siting board, and citizen advisory board met, subjects addressed, and decisions or recommendations rendered; a summary of the corporations actions including a listing of transfer stations, waste processing facilities, and resources recovery facilities planned, being constructed or renovated, or owned and operated by the corporation as prescribed in  23-19-9, rules and regulations promulgated as prescribed in  23-19-10, hearings held as prescribed in  23-19-10, fees charged as prescribed in  23-19-10, property acquired or disposed of as prescribed in  23-19-10, contracts and agreements entered into as prescribed in  23-19-10, bonds and notes issued and secured as prescribed in  23-19-14 and 23-19-16, surveys, studies, and investigations conducted as prescribed in  23-19-10, and administrative penalties imposed as prescribed in  23-19-28.1; a synopsis of the hearings, complaints, suspensions, or other legal matters related to the authority of the corporation; a consolidated financial statement of all funds received and expended by the corporation including the source of the funds, liabilities incurred or assumed, funds invested, and revenues received from the sale of materials, energy, and other by products of solid waste processing as prescribed in subsection 23-19-10(30); a summary of actions taken to assist in the development of industrial and commercial enterprises within the state based on resource recovery, recycling, and reuse as prescribed in subsection 23-19-9(5); a summary of activities related to the development, amendment, and implementation of a statewide plan for the separation of solid waste as prescribed in subsection 23-19-10(29); a synopsis of the status of source reduction activities including efforts taken to reduce the states waste stream and develop new uses for materials recovered from solid waste as prescribed in subsections 23-19-10(42) and 23-19-11(12); a summary of any training courses held pursuant to subsection 23-19-10(44); a listing of the staff and/or consultants employed by the corporation as prescribed in  23-19-10; a summary of activities related to the management of the central landfill in Johnston as prescribed in  23-19-11.1; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a listing of findings and recommendations derived from corporation activities and the findings of the citizen advisory board as prescribed in  23-19-23.  (b) The report shall be posted electronically as prescribed in  42-20-8.2.  (c) The corporation shall cause an audit of its books and accounts to be made at least once each fiscal year.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  18; G.L. 1956,  23-46.1-24; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-24; P.L. 2006, ch. 26,  1; P.L. 2006, ch. 52,  1. 
 23-19-25. Authorization to accept appropriated moneys. The corporation is authorized to accept any money that may be appropriated from time to time by the general assembly for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation, and the establishment of reserves or contingency funds to be available for the payment of the principal of and the interest of any bonds, notes, or other obligations of the corporation.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  18; G.L. 1956,  23-46.1-25; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-25. 
 23-19-26. Tax exemption. (a) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state, for their well-being and prosperity and for the improvement of their social and economic conditions, and the corporation shall not be required to pay any tax or assessment on any property owned by the corporation under the provisions of this chapter or upon the income from that property; nor shall the corporation be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf; nor shall the corporation be required to pay gasoline and diesel engine fuel taxes for the fuel consumed by its vehicles and equipment and used exclusively in the performance of its on-site duties pursuant to this chapter. The corporation shall pay each municipality in which the corporation sites a facility, as a payment in lieu of taxes, a minimum fee of: (1) Two dollars ($2.00) per ton for each ton of acceptable waste processed at that facility during each operating year of that facility, or (2) five hundred thousand dollars ($500,000) per operating year, whichever sum is greater. Each of the minimum sums shall escalate in accordance with the same escalation formula by which the operation and maintenance fee set forth in the service agreement covering the facility escalates; provided further, however, the corporation may direct payments in lieu of taxes to be paid to a city or town in which other properties or facilities are located. Nothing in this section shall preclude the corporation and a municipality within which a facility has been sited, from negotiating and entering into a host community agreement that provides for benefits to the municipality, either monetary or non-monetary, in addition to the payments in lieu of taxes set forth in this section.  (b) Any bonds, notes, or other obligations issued by the corporation under the provisions of this chapter, the transfer, and the income from the obligations (including any profits made by their sale ), shall at all times be free from taxation by the state or any political subdivision or other instrumentality of the state, excepting inheritance, estate, and gift taxes.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  18; G.L. 1956,  23-46.1-26; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-26; P.L. 1986, ch. 522,  2; P.L. 1992, ch. 133, art. 111,  1. 
 23-19-27. Severability. The provisions of this chapter are severable and if any provision or part of any provision shall be held invalid or unconstitutional or inapplicable to any person or circumstances, the invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this chapter. All acts or parts of acts inconsistent with this chapter are repealed.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  18; G.L. 1956,  23-46.1-27; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-27. 
 23-19-28.1. Procedures to enforcement. (a) In any instance wherein there is a violation of its rules and regulations or any order of the corporation, the corporation and the attorney general shall have the power to order the violator to cease and desist, or to remedy the violations, and the corporation may impose administrative penalties. The corporation may impose administrative penalties only in accordance with the notice and hearing provisions of this chapter, and the corporations enforcement plan, as may be amended from time to time, developed pursuant to the department of environmental managements regulations for reduction and recycling of commercial and non-municipal residential solid waste. Without being required to enter into any recognizance or to give surety for costs, the attorney general and executive director may institute administrative, civil or criminal proceedings in the name of the corporation when there are reasonable grounds to believe that there has been a violation of any provision of this chapter and the corporations enforcement plan, as may be amended from time to time, developed pursuant to the department of environmental managements regulations for reduction and recycling of commercial and non-municipal residential solid waste. The attorney general may assist the corporation in carrying out any civil or administrative proceedings. It shall be the duty of the attorney general to carry out all criminal proceedings initiated by the executive director.  (b) The superior court shall have jurisdiction to enforce the provisions of this chapter and any rule, regulation, permit or administrative order issued pursuant to this chapter. Proceedings for enforcement may be instituted and prosecuted in the name of the corporation. Proceedings provided in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter.  (c) Any person charged with the violation of the provisions of this chapter shall have a right to a trial by jury on every issue of fact.  History of Section.P.L. 1990, ch. 221,  1; P.L. 1992, ch. 133, art. 111,  1; P.L. 2005, ch. 41,  1; P.L. 2005, ch. 56,  1. 
 23-19-28. Violations  Sanctions  Injunctive relief. 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.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  18; G.L. 1956,  23-46.1-28; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-28; P.L. 1986, ch. 522,  2; P.L. 2005, ch. 41,  1; P.L. 2005, ch. 56,  1. 
 23-19-29. Liberal construction. This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effectuate its purposes. Neither this chapter nor anything in this chapter is or shall be construed as a restriction or limitation upon any powers that the corporation might otherwise have under any laws of this state, and this chapter is cumulative to any powers conferred by other laws. This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes, and other obligations of the corporation under the provisions of this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds, and other obligations. Contracts for the construction and acquisition of any project undertaken pursuant to this chapter shall comply with the provisions of any other state law applicable to contracts for the construction and acquisition of state owned property. No proceedings, notice, or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security for them, except as is provided in this chapter.  History of Section.P.L. 1978, ch. 305,  19; G.L. 1956,  23-46.1-29; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-29; P.L. 2001, ch. 86,  80. 
 23-19-3. Declaration of policy. The following are declared to be policies of the state: (1) That the ultimate solid waste management objective of the state is to maximize recycling and reuse of solid waste;  (2) That solid waste management facilities and projects are to be implemented either by the state or under state auspices, in furtherance of these goals;  (3) That appropriate governmental structure, processes, and support must be provided so that an effective and integrated statewide network of solid waste management facilities may be planned, financed, developed and operated for the benefit of the people and municipalities of the state;  (4) That solid waste management activities be conducted in an environmentally sound manner;  (5) That private industry be encouraged to continue playing a key role in the states solid waste management programs;  (6) That solid waste management facilities and services be provided for municipalities, institutions, and persons in the state at reasonable costs, by state solid waste management systems and facilities, where the services and facilities are considered necessary and desirable; the facilities and services shall be used by all persons and municipalities within the state under terms and conditions that the Rhode Island resource recovery corporation shall reasonably fix and establish; provided, however, that municipalities operating their own landfills on December 1, 1986, shall be free to continue to use the landfills until the closure of the landfills; and provided, further, that this subdivision shall not be construed to affect or impair any valid contract for disposal of municipal waste which was in effect on March 1, 1985, until the expiration of the original term of the contract, or the expiration of any extension approved by the corporation, or sooner termination of the contract; after the closure of the landfill or expiration or earlier termination of the contracts, the municipalities shall be required to use the facilities and services as the corporation shall direct;  (7) That provision shall be made for planning, research, and development, and appropriate innovation in the design, management, and operation of the states system for solid waste management, in order to permit continuing improvement and provide adequate incentives and processes for lowering operating and other costs;  (8) That the Rhode Island resource recovery corporation established pursuant to this chapter shall plan and implement solid waste management facilities where necessary and desirable throughout the state, in accordance with the general laws and with applicable state regulations, including, without limitation, regulations of the department of health and the department of environmental management;  (9) The creation, licensing, and operation of landfill solid waste disposal facilities should be limited to what is reasonably required to service the needs of the inhabitants and businesses of this state, having regard for alternative technologies for waste disposal;  (10) That the Rhode Island resource recovery corporation will provide, either by contract with a private concern or directly by the corporation, a recycling facility as defined by the department of environmental management at, or within a convenient distance of, all solid waste disposal facilities under its jurisdiction. These recycling facilities will provide cities and towns with a place to deposit their recyclable materials at no tipping cost to the municipalities; provided, however, that tipping fees may be charged in accordance with this chapter when the solid waste processing facility is designed to process nonsource separated or partially source separated solid waste for recycling at least seventy percent (70%) of the municipal solid waste stream.  (11) An integrated approach shall be adopted with respect to solid waste management planning and implementation activities that shall be based on the following priorities to the extent economically feasible:  (i) Reduction of the amount of source waste generated;  (ii) Source separation and recycling;  (iii) Waste processing such as recycling based technology to reduce the volume of waste necessary for land disposal;  (iv) Land disposal;  (12) That the central landfill should be reserved for the disposal of solid waste generated within the state; and  (13) That the resource recovery corporation will operate the central landfill in a manner designed to afford to the environment and to the citizens of the state who reside near the landfill the maximum protection which is available for the land disposal of rubbish and minimize or eliminate land disposal of solid waste.  (14) That due to the myriad of over four hundred (400) toxic pollutants including lead, mercury, dioxins, and acid gasses known to be emitted by solid waste incinerators, the known and unknown threats posed by solid waste incinerators to the health and safety of Rhode Islanders, particularly children, along with the known and unknown threats to the environment are unacceptable.  (15) That despite the use of state of the art landfill liner systems and leachate collection systems, landfills, and particularly incinerator ash landfills, release toxic leachate into ground and surface waters which poses an unacceptable threat to public health, the environment, and the states limited ground and surface water resources.  (16) That incineration of solid waste is the most costly method of waste disposal with known and unknown escalating costs that would place substantial and unreasonable burdens on both state and municipal budgets to the point of seriously jeopardizing the publics interest.  (17) That the highest and best use of leaf and yard debris is for use in the composting process and the resulting compost material is a valuable soil amendment for agricultural and landscaping operations. The corporation shall accept segregated leaf and yard debris collected from municipalities as part of a municipal leaf and yard waste diversion program. Municipalities shall have a .025 ton per person cap on the amount of leaf and yard debris they deliver to the corporations facility annually beginning on July 1, 2009. The corporation shall establish a municipal leaf and yard debris borrowing program that allows municipalities to share portions of their choosing of their unutilized cap tonnage with municipalities that are in excess of their cap tonnage. This program shall not allow an individual municipality to borrow more than one-half (12) of its established tonnage cap. This material shall be accepted at no charge to municipalities, provided that the corporation may charge twenty-five dollars ($25.00) per ton for every ton that exceeds the per person cap not including any tonnage that a municipality utilized from the leaf and yard debris borrowing program established for the municipality. This material shall be composted at the corporations facility. The resulting compost shall be used by the corporation for operational and construction needs, may be marketed by the corporation to help offset processing costs and may be periodically available to municipalities and state agencies at no charge. The corporation shall quantify the amount of leaf and yard debris it requires on an annual basis to create compost for landfill and construction operation purposes. The corporation shall report this amount to the general assembly no later than September 1, 2008.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  2; G.L. 1956,  23-46.1-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-3; P.L. 1980, ch. 255,  3; P.L. 1986, ch. 522,  2; P.L. 1987, ch. 572,  1; P.L. 1987, ch. 592,  2; P.L. 1992, ch. 133, art. 111,  1; P.L. 2008, ch. 163,  1; P.L. 2008, ch. 185,  1; P.L. 2009, ch. 328,  1; P.L. 2009, ch. 330,  1. 
 23-19-30. State central landfill  Annual liquid waste or sludge analysis. (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.  History of Section.P.L. 1985, ch. 397,  1. 
 23-19-31. Recycling facility at central landfill. The Rhode Island resource recovery corporation shall construct a recycling facility at the states 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.  History of Section.P.L. 1986, ch. 522,  3; P.L. 1989, ch. 228,  1; P.L. 1989, ch. 261,  1; P.L. 1996, ch. 304,  1; P.L. 2001, ch. 316,  1; P.L. 2008, ch. 260,  3; P.L. 2008, ch. 420,  3; P.L. 2010, ch. 23, art. 10,  2. 
 23-19-32. Grants-in-aid. Funds shall be provided by the corporation for a period no longer than three (3) years after a community enters the recycling program to offset reasonable collection and hauling costs required by instituting separation of recyclables, and for the purposes of offsetting reasonable administrative costs of the department of environmental management, as approved by the department of administration. The department of environmental management, in conjunction with the corporation and with the approval of the department of administration, shall determine reasonable costs, and the corporation shall reimburse cities and towns from funds so provided, following the same rules and regulations established by the department of administration under  45-13-9. The provisions of this section shall be in lieu of those required under  45-13-7  45-13-10 that shall not apply to this program.  History of Section.P.L. 1986, ch. 522,  3. 
 23-19-33. Bonus incentive program. The corporation shall create and manage a program providing for incentive payments of one hundred dollars ($100) each to anyone who submits a plan or program which is eventually implemented by the Rhode Island resource recovery corporation or by any person, agency, or corporation contributing to the flow of solid waste materials into the system, which would in any manner significantly reduce the flow of solid waste within this state, or provide for more efficient recycling or re-use of any solid waste materials, or in any other manner impact beneficially upon the management and control of solid waste materials.  History of Section.P.L. 1987, ch. 245,  1. 
 23-19-34.1. Removal of houses  Buffer zone. (a) The corporation shall oversee the removal of all houses and structures which are acquired per  23-19-34. These houses and structures may be sold, but only through a public auction process. In any event, the person or persons in whom the title of any house or structure was vested at the time it was acquired by the corporation shall not have a conclusive right to reacquire the property. Further, the cost of removing these houses and structures acquired through the public auction process shall be borne by the purchaser.  (b) As a condition of purchase at the public auction, any house or structure so removed, must be moved to a location or piece of land which is more than two thousand feet (2000) from the perimeter of the entire operational portion of the central landfill and no portion of the location or piece of land shall be encroached upon to any degree by the two thousand foot (2000) mark.  (c) All land acquired per  23-19-34 which is within one thousand feet (1000) of the entire operational portion of the central landfill shall be designated as a buffer zone.  (d) The corporation shall have the right to sell all land acquired per  23-19-34, provided the land is sold solely for industrial/business uses and in conformance with  23-19-35.1(c). In addition, a covenant shall be placed in the deed of any land so sold notifying the purchaser of the presence of the central landfill and protecting the corporation from any legal action by the purchaser with respect to the environmental impact of it.  (e) Notwithstanding any other provision of this chapter, the corporation may utilize any property acquired pursuant to this section and  23-19-34 and 23-19-35 for the development of an industrial/business park pursuant to  23-19-35.1(c) and this development of an industrial/business park is deemed to constitute the establishment of a buffer zone as prescribed in  23-19-34.  History of Section.P.L. 1989, ch. 277,  2; P.L. 2001, ch. 316,  1. 
 23-19-34. Central landfill buffer zone. (a) The corporation shall be required to establish a buffer zone surrounding the operational portion of the central landfill, as identified per site master plan No. 06538, and the area licensed for landfilling, hereinafter referred to as the entire operational portion of the central landfill. In order to create the buffer zone, the corporation shall acquire all real property zoned residential as of July 31, 1988 and remains zoned residential as of October 1, 1989 within one thousand feet (1000) of the entire operational portion of the central landfill. In addition, the corporation shall acquire those residential real properties in the town of Johnston located on Simmons Lake Drive and designated on the town assessors map, of December 31, 1988, as Plat 31, Lots 013 through 024 and Plat 31, Lots 026 through 034.  (b) To accomplish acquisition, the corporation shall exercise the power of eminent domain as shall be granted by the general assembly. All properties subject to acquisition under this section shall be acquired at fair market value.  (c) The corporation shall not be authorized to make relocation payments of any form to owners whose property is subject to acquisition under this section.  (d) For the purposes of this section, the corporation shall acquire the total acreage and all buildings (if applicable) of any parcel which is encroached upon to any degree by the one thousand foot (1000) mark as measured from the perimeter of the entire operational portion of the central landfill.  (e) Notwithstanding the other provisions of this section, those parcels belonging to the town of Johnston identified on the town assessors map, at December 31, 1988, as Plat 43, Lot 012 and Plat 43, Lot 013, shall not be subject to the acquisition described in this section unless authorized by the Johnston town council. Notwithstanding any other provision of this chapter, the corporation may utilize any property acquired pursuant to this section or  23-19-35 for the development of an industrial/business park pursuant to  23-19-35.1(c) and the development of an industrial/business park is deemed to constitute the establishment of a buffer zone as prescribed in this section.  History of Section.P.L. 1989, ch. 277,  2; P.L. 2001, ch. 316,  1. 
 23-19-35.1. Use of acquired property. (a) In addition to any other permitted use, the houses and structures acquired per  23-19-34 and 23-19-35 may, in accordance with procedures set forth in regulation(s) adopted by the corporation, be:  (i) Sold by the corporation in order to be salvaged or moved to another location;  (ii) Razed or salvaged by the corporation; or  (iii) Moved by the corporation to a location greater than one thousand feet (1000) from the entire operational area of the central landfill.  (b) Notwithstanding any law or regulation to the contrary, in order to return some of the property purchased pursuant to  23-19-34 or  23-19-35 to the tax rolls, the corporation may sell, for any use permitted by local zoning, any property acquired pursuant to  23-19-34 or  23-19-35 that is located north of Central Avenue in Johnston, and greater than one thousand feet (1000) from the entire operational boundary of the central landfill. In addition, a covenant shall be placed in the deed of any real property so sold notifying the purchaser of the presence of the landfill and protecting the corporation from any legal action by the purchaser with respect to the environmental impact of it.  (c)(1) Notwithstanding any law or regulation to the contrary, in order to return some of the property purchased pursuant to  23-19-34 and 23-19-35 to the tax rolls, the corporation shall in addition to any other permitted use have the right to sell, rent, lease, transfer or otherwise convey or encumber, any and all land acquired per  23-19-34 or per  23-19-35, provided the land is used solely for industrial/business uses in conformance with the dimensional requirements of the local zoning ordinance. In addition, a covenant shall be placed in the deed of any real property so sold notifying the purchaser of the presence of the landfill and protecting the corporation from any legal action by the purchaser with respect to the environmental impact of it.  (2) The corporations development of an industrial/business park pursuant to this chapter shall be in accordance with the following:  (i) The corporation may utilize any and all property acquired pursuant to  23-19-34 and 23-19-35 and/or any property owned by the corporation located south of Central Pike, west of Old Pocasset Road, to the intersection of Old Pocasset Road and Scituate Avenue, then west of Route 295, bounded to the south by the northern shore (mean high water line) of the Upper Simmons Reservoir and the Lower Simmons Reservoir, for the development of the industrial/business park.  (ii) The corporation may retain ownership of the land that comprises the industrial/business park and/or may sell or lease portions of the industrial/business park to other public or private entities.  (iii) The industrial/business park may be utilized for any and all permitted business, manufacturing and/or industrial uses authorized by the town of Johnston zoning ordinance in any zoning district for all zoning districts notwithstanding the underlining zoning district designation of the subject land.  (iv) The corporation may not extend the operational portion of the central landfill into any portion of the industrial/business park.  (v) The corporations development of the industrial/business park shall be in compliance with the dimensional requirements of the town of Johnston zoning ordinance.  (vi) The corporation shall maintain a one hundred (100) foot wide vegetated buffer between any portion of the industrial/business park and any adjacent property being used for residential purposes.  (vii) The corporations development of the industrial/business park shall not be effected by any change in the town of Johnstons zoning or subdivision ordinances enacted after December 31, 2000.  (d) Notwithstanding any law or regulation to the contrary, in order to return some of the property purchased pursuant to  23-19-35 to the tax rolls, the corporation may sell, for any use permitted by local zoning, any property acquired to  23-19-35 in which the primary structure on the property is located greater than two thousand feet (2000) from the entire operational portion of the central landfill. The corporation may sell all of these parcels and all structures thereon for any use permitted by local zoning. In addition, a covenant shall be placed in the deed of any real property so sold notifying the purchaser of the presence of the landfill and protecting the corporation from any legal action by the purchaser with respect to the environmental impact of it.  History of Section.P.L. 1989, ch. 277,  2; P.L. 1996, ch. 135,  1; P.L. 2001, ch. 316,  1; P.L. 2008, ch. 475,  56. 
 23-19-35. Central landfill  Adjoining residential property. (1) Upon the completion of the acquisition of properties to establish the buffer zone, the corporation shall, at the option of a residential landowner, his or her successors or assigns, whose residential real property is located within one thousand feet and two thousand feet (1000 and 2000) of the entire operational portion of the central landfill, which real property is not subject to acquisition per  23-19-34, and which real property has been zoned for residential purposes since July 31, 1988, and remains zoned residential as of October 1, 1989, purchase the residential real property with all the buildings and improvements located thereon from the landowner, his or her successors or assigns, at the fair market value of the property. The property of residential landowners who build on land within this one thousand to two thousand foot (1000 to 2000) zone shall not be eligible for acquisition unless their homes were built, or building permits obtained, prior to July 31, 1988.  (2) For the purposes of this section, the corporation shall:  (i) Purchase the total acreage and all buildings (if applicable) of any parcel which is encroached upon to any degree by the two thousand foot (2000) mark as measured from the perimeter of the entire operational portion of the central landfill; and  (ii) Acquire first all the properties of those owners who own parcels with residential units thereon.  (b) A residential landowners option to sell under this section must be exercised by June 30, 1990.  History of Section.P.L. 1989, ch. 277,  2. 
 23-19-36. Central landfill  Funds for acquisition. Funds for acquisition of properties under  23-19-34 and 23-19-35 shall come from revenues generated by use of the central landfill and from other sources that may be available, including proceeds from the sale of houses, structures, and land under  23-19-34.1 and 23-19-35.1.  History of Section.P.L. 1989, ch. 277,  2. 
 23-19-37. Financial accountability. 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.  History of Section.P.L. 1989, ch. 126, art. 51,  1. 
 23-19-38. Report of the auditor general. The auditor general shall annually prepare a report for the joint committee on legislative services on the corporations financial and administrative activities related to the implementation of  23-19-34 through 23-19-36.  History of Section.P.L. 1989, ch. 277,  2. 
 23-19-39. Tipping fees  Municipal rate for city or town collected condominium solid waste. The solid waste generated by a residential condominium, when collected and disposed of by a city or town of Rhode Island, shall be charged the same tipping fee per ton as the municipal rate.  History of Section.P.L. 1989, ch. 426,  1. 
 23-19-4. Legislative purposes of Rhode Island Resource Recovery Corporation. (a) In furtherance of these policies, it is the intent of this legislation to create a solid waste management corporation, as defined in this chapter.  (b) The corporation will prepare and implement a plan for an integrated statewide system of solid waste management facilities which plan shall define the states disposal needs and define the manner to meet the needs in accordance with the requirements of this chapter. Capacity, maximizing the use of source reduction, reuse, and recycling at public and private facilities shall be considered when assessing state need. No public facility shall be constructed unless need is established pursuant to the plan. The plan shall be reviewed and adopted as an element of the state guide plan by the state planning council.  (c) The facilities and services of the corporation shall be used by persons and municipalities within the state, and the corporation may require all persons and municipalities therein to use the services and facilities of the corporation under terms and conditions that the corporation shall reasonably fix and establish. This section shall not be construed, however, to affect or impair any valid contract for disposal of municipal waste in effect on March 1, 1985, until expiration at the end of the original term of the contract or any extension approved by the corporation or sooner termination of the contract, or the right of any municipality to continue the operation of its own landfill facility which is in use on December 1, 1986.  (d) The corporation will make its waste management facilities available under contract to any municipality, institution, or person at reasonable fees established by the corporation.  (e) Any revenues received by the corporation through the fees it charges for the use of facilities and services, from state subsidies, or through the sale of the material and energy resources recovered from the wastes it processes in the solid waste facilities within its jurisdiction, shall be used by the corporation to finance its administrative costs, its contractual costs, and other costs imposed by law, and to discharge its indebtedness and other obligations and to otherwise provide the financial support that is required for the corporation to maintain financial solvency.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  3; G.L. 1956,  23-46.1-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-4; P.L. 1986, ch. 522,  2; P.L. 1989, ch. 163,  1; P.L. 1989, ch. 292,  1; P.L. 1989, ch. 508,  5; P.L. 1992, ch. 133, art. 111,  1; P.L. 1996, ch. 301,  1; P.L. 2006, ch. 26,  1; P.L. 2006, ch. 52,  1. 
 23-19-40. Utilization of buffer zone  Restrictions. (a) Legislative Purpose.(1) A buffer zone is an area between two (2) different land uses. The purpose of this section is to specifically prohibit using certain areas of the central landfill buffer zone for the expansion of any waste operations.  (2) The statutes which created the buffer zone contain no specific prohibitions on its use. This section is intended to add specific restrictions to the portion delineated in subsection (b)(1). It is not intended as authorization for waste operations in other areas of the buffer zone.   (b) Buffer Zone.(1) The Rhode Island resource recovery corporation and/or any successor, transferee, or assignee of the corporation and/or any other governmental entity or agency which conducts a solid waste management disposal business, is prohibited from using any real property situated in that triangular shaped area bounded by Central Avenue on the south and Reservoir Avenue on the east, whether already owned or hereafter acquired, for any extension of the entire operational portion of the central landfill, as defined in  23-19-34, for any other type of waste operation, or for the opening or operation of any recycling or incineration operations.  (2) Any undeveloped real property in the area delineated in subsection (b)(1), that is presently owned or later acquired by the solid waste management corporation or by any successor, transferee or assignee of the corporation, or by any other governmental entity or agency which conducts a solid waste management or disposal business, shall be converted to and after this maintained as a vegetated area in its natural or in an altered vegetative state; provided, however, that a vegetated area may include public recreational facilities.   History of Section.P.L. 1993, ch. 221,  1; P.L. 2001, ch. 86,  80; P.L. 2001, ch. 316,  1. 
 23-19-41. Construction of references. Whenever in any general or public law the words Rhode Island solid waste management corporation shall appear, particularly  35-3-3.1, 23-18.8-2, 23-18.8-2.1, 23-18.8-4, 23-18.11-4, 12-12-17, 23-18.9-1 and 37-2-7, they shall be deemed to refer to and to mean the Rhode Island resource recovery corporation.  History of Section.P.L. 1996, ch. 303,  3. 
 23-19-42. Tipping fees  Municipal rate for city or town collected regional school district solid waste. (a) Solid waste collected and disposed of by, or on behalf of, a regional school district shall be charged the same tipping fee per ton as the municipal rate.  (b) Any waste hauler collecting and disposing of solid waste for, or on behalf of, any regional school district shall, at the time of disposal, certify on a form approved by the Rhode Island resource recovery corporation the tonnage of the solid waste collected from the regional school district.  History of Section.P.L. 2019, ch. 295,  1; P.L. 2019, ch. 298,  1. 
 23-19-5. Definitions. The following words and phrases have the meanings ascribed to them in this section unless the context clearly indicates otherwise:  (1) Bonds and notes means bonds, including without limitation refunding bonds, notes, including without limitation renewal notes and bond anticipation notes, and other obligations or evidences of indebtedness of the corporation issued pursuant to the provisions of this chapter and the resolutions of the corporation.  (2) Central landfill means the central landfill located in Johnston.  (3) Corporation means the Rhode Island resource recovery corporation created and established pursuant to this chapter.  (4) Landfill revenues means the surplus, if any, of all tipping fees and other revenues received at the central landfill over the annual costs of the landfill, and a pro-rata share of the corporations administrative expenses.  (5) Municipal solid waste means that solid waste generated by the residents of a municipality in the course of their daily living, the disposal of which the governing body of that municipality has undertaken in the discharge of its duties to protect the health of the municipality. Municipal solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise.  (6) Municipal solid waste disposal arrangements means those arrangements entered into by a municipality which provide for the final disposal of wastes in a manner approved by the department of health, the department of environmental management, and the corporation; provided, however, that the disposal of wastes in transfer stations or facilities for interim storage shall not constitute final disposal of the wastes.  (7) Municipality means any town or city within the state.  (8) Person means any individual, firm, institution, partnership, association or corporation, public, or private, organized or existing under the laws of the state or other states including federal corporations, but excluding municipalities.  (9) Project means the design, acquisition, ownership, operation, construction, rehabilitation, improvement, development, sale, lease, or other disposition of, or the provision of financing for, any solid waste management facility or the industrial and/or business parks in the town of Johnston authorized by  23-19-9(a)(7) and the highway access authorized by  23-19-10.3.  (10) Recyclable materials means those materials separated from solid waste for reuse. The director of the department of environmental management through regulations shall specify those materials that are to be included within the definition of recyclables. The materials to be included may change from time to time depending upon new technologies, economic conditions, characteristics of the waste stream, environmental effects, or other factors.  (11) Recycling means the reuse of recovered resources in manufacturing, agriculture, power production, or other processes.  (12) Resource recovery means the processing of solid wastes in such a way as to produce materials or energy that may be used in manufacturing, agriculture, and other processes.  (13) Resource recovery system means the corporations integrated system of resource recovery consisting of a series of waste processing facilities designed to process a minimum of seventy percent (70%) of the municipal and commercial solid waste streams by employing an on-site waste separation technology for the purpose of recycling and/or reusing a minimum of seventy percent (70%) of the solid waste stream, and minimal use of landfills for the purpose of providing temporary backup or bypass landfill capacity and residue disposal from waste processing facilities and any other related facilities and services.  (14) Resource recovery system costs means all operating costs of the system; debt service and other financing costs related to the resource recovery system; the costs of recycling grants-in-aid and similar obligations of the corporation; allocations for extraordinary and unexpected costs; and a pro-rata share of the corporations administrative expenses.  (15) Resource recovery system revenues means all amounts received by the corporation as municipal tipping fees, non-municipal tipping fees, energy revenues, revenues from the sale of recyclable materials, and all other revenues received with respect to the resource recovery system, but shall not include any landfill revenues and any amounts received as a state subsidy.  (16) Revenues means monies or income received by the corporation in whatever form, including but not limited to fees, charges, lease payments, interest payments on investments, payments due and owing on account of an instrument, contract, or agreement between the corporation, any municipality, or person, gifts, grants, or any other monies or payments to which the corporation is entitled under the provisions of this chapter or any other law, or of any agreement, contract, or indenture.  (17) Segregated solid waste means material which has been separated from the waste stream at the generation source for the purpose of recovering and recycling the materials.  (18) Solid waste means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material generated by residential, institutional, commercial, industrial, and agricultural sources but does not include solids or dissolved materials in domestic sewage.  (19) Solid waste management facility means any plant, structure, equipment, and other property, real, personal, or mixed, or the modification or replacement of any of the foregoing, for the receipt, storage, treatment, utilization, processing, transporting, or final disposition of or recovery of resources from solid waste other than segregated solid waste, or any facility which disposes of solid waste by reconstituting, converting, or otherwise recycling it into material which is not waste; or any property or system to be used in whole or in part for any of the previously mentioned purposes, whether or not another purpose is also served by it; or any other property or system incidental to, or which has to do with, or the end purpose of which, is any of the foregoing; or any combination of two (2) or more of the foregoing.  (20) Statewide resource recovery system development plan means that plan which will specify the location, size, and type of solid waste management facilities that may be required to develop an integrated statewide resource recovery system for the effective management of solid waste in Rhode Island. It will also specify a proposed schedule by which the component facilities will be phased into the statewide system, and it will provide for the administrative and financial requirements for implementing the plan.  (21) Waste management means actions taken to effectuate the receipt, storage, transportation, and processing for resource recovery and recycling, or for the ultimate disposal, of solid waste.  (22) Waste processing facility means a solid waste facility employing recycling based technology employing an on-site waste separation technology designed to process both nonsource separated and source separated solid waste for the purpose of recycling, and/or composting, and/or reusing a minimum of seventy percent (70%) of the municipal and commercial solid waste streams.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  4; G.L. 1956,  23-46.1-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-5; P.L. 1986, ch. 522,  2; P.L. 1992, ch. 133, art. 111,  1; P.L. 1996, ch. 300,  1; P.L. 1998, ch. 350,  1. 
 23-19-6. Creation, membership, and terms of the Rhode Island Resource Recovery Corporation. (a) There is authorized, created, and established a public corporation of the state, having a distinct legal existence from the state and not constituting a department of the state government, with the politic and corporate powers set forth in this chapter, to be known as the Rhode Island resource recovery corporation, (the corporation) to carry out the provisions of this chapter. The corporation is constituted a public instrumentality and agency exercising public and essential governmental functions, and the exercise by the corporation of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the state.  (b) It is the intent of the general assembly by the passage of this chapter to create and establish a public corporation and instrumentality and agency of the state for the purpose of the activities authorized by this chapter, and to vest the corporation with all powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish those purposes. This chapter shall be liberally construed in conformance with the purpose expressed in this section.  (c) The powers of the corporation shall be vested in nine (9) commissioners, consisting of the director of administration, or the directors designee, who shall be a subordinate within the department of administration, who shall serve as an ex-officio member, and eight (8) public members to be appointed by the governor with advice and consent of the senate, at least three (3) of whom shall be a resident of the town of Johnston. In making these appointments, the governor shall give due consideration to recommendations from the mayor of the town of Johnston and from the League of Cities and Towns. The governor shall also give due consideration to recommendations from representatives of the commercial waste haulers, and environmental advocacy organizations, and shall consider persons experienced in the field of recycling. Those members of the corporation as of May 4, 2006, who were appointed to the corporation by members of the general assembly shall cease to be members of the corporation on May 4, 2006, and the governor shall thereupon nominate one new member who shall serve the balance of the unexpired term of his or her predecessor. Those members of the corporation as of May 4, 2006, who were appointed to the corporation by the governor shall continue to serve the balance of their current terms. Thereafter, the appointments shall be made by the governor with advice and consent of the senate as prescribed in this section.  (d) All public members shall serve staggered three (3) year terms except as otherwise provided in subsection (c) of this section. In the month of June each year thereafter, the governor shall appoint the successor(s) to the commissioners the governor has appointed whose terms expire that year, to serve for a term of three (3) years commencing on the day they are qualified. All public members shall serve until their respective successors are appointed and qualified. The members of the corporation shall be eligible to succeed themselves.  (e) Any vacancy occurring in the office of a member by death, resignation, or otherwise shall be filled by the governor with advice and consent of the senate in the same manner as the original appointment for the balance of the unexpired term of the former member as prescribed in subsection (c) of this section.  (f) Members of the corporation shall be removable by the governor pursuant to  36-1-7, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.  (g) The commissioners shall annually elect from among their number a chair, vice chair and a treasurer, and any other officers that they may determine. Meetings shall be held at the call of the chair or whenever two (2) commissioners so request. Four (4) commissioners shall constitute a quorum, and any action taken by the corporation under the provisions of this chapter may be authorized by resolution approved by a majority of the commissioners present and voting at any regular or special meeting. No vacancy in the membership of the corporations board of commissioners shall impair the right of a quorum to exercise all the rights and perform all the duties of the corporation.  (h) Commissioners shall receive no compensation for the performance of their duties, but the commissioner shall be reimbursed for his or her reasonable expenses incurred in carrying out the duties under this chapter.  (i) The commissioners of the corporation shall at regular intervals at least eight (8) times a year conduct business meetings for the purpose of carrying out its general business. The meetings shall be open to the public and all records and minutes will be a matter of public record. The corporation shall be considered a public body and shall be subject to the provisions of the Open Meetings Law, chapter 46 of title 42 and to the provisions of title 38 concerning public records.  (j) The corporation shall continue until its existence is terminated by law. At that time its holdings and assets shall pass to and become vested in the state.  (k) The state shall indemnify and hold harmless every past, present, or future commissioner, officer, or employee of the corporation who is made a party to or is required to testify in any action, investigation, or other proceeding in connection with or arising out of the performance or alleged lack of performance of that persons duties on behalf of the corporation. These persons shall be indemnified and held harmless, whether they are sued individually or in their capacities as commissioners, officers, or employees of the corporation, for all expenses, legal fees and/or costs incurred by them during or resulting from the proceedings, and for any award or judgment arising out of their service to the corporation that is not paid by the corporation and is sought to be enforced against a person individually, as expenses, legal fees, costs, awards or judgments occur. Provided, however, that neither the state nor the corporation shall indemnify any commissioner, officer, or employee:  (1) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;  (2) For any transaction from which the member derived an improper personal benefit; or  (3) For any malicious act.  (l) No one shall be eligible for appointment unless he or she is a resident of the state.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1975, ch. 272,  1; P.L. 1978, ch. 305,  5; G.L. 1956,  23-46.1-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-6; P.L. 1985, ch. 420,  1; P.L. 1986, ch. 522,  2; P.L. 1992, ch. 12,  1; P.L. 1992, ch. 133, art. 111,  1; P.L. 1996, ch. 91,  1; P.L. 1996, ch. 302,  1; P.L. 2001, ch. 86,  80; P.L. 2001, ch. 180,  48; P.L. 2006, ch. 26,  1; P.L. 2006, ch. 52,  1; P.L. 2008, ch. 475,  56; P.L. 2013, ch. 307,  1; P.L. 2013, ch. 346,  1. 
 23-19-7. Commissioners  Oath of office  Conflict of interest. (a) Each member of the corporations board of commissioners, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath will be filed in the office of the secretary of state.  (b) The commissioners shall be subject at all times to the provisions of chapter 14 of title 36.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  6: G.L. 1956,  23-46.1-7; P.L. 1979, ch. 39,  1: G.L. 1956,  23-19-7; P.L. 1982, ch. 262,  5. 
 23-19-8. Employment of executive director and support services  Books and records. (a) The commissioners shall employ an executive director who shall administer, manage, and direct the offices and business of the corporation, subject to the policies, control, and direction of the commissioners. The commissioners may employ technical experts and other officers, agents, and staff, and fix their qualifications, duties, and compensation. The executive director and the technical experts, officers, agents, and staff and attorneys so employed shall not be subject to the provisions of the classified service. The board of commissioners may delegate to one or more of its agents or employees those administrative duties that it may deem proper to accomplish its purposes. The corporation may request that the director of the department of environmental management provide within the department of environmental management facilities, administrative support, staff services, and any other services that shall be necessary for the proper performance of the powers and duties of the corporation.  (b) The executive director shall also be the secretary and shall keep a record of the proceedings of the corporation and shall be custodian of all books, documents, and papers filed with the corporation and of its minutes, books, and seal. The executive director shall have the authority to cause to be made copies of all minutes and other records and documents of the corporation, and to give certificate under the seal of the corporation that the copies are true copies and all persons dealing with the corporation may rely upon the certificate, except in the case where a secretarys certificate is required to attest to an action of the executive director, in which instance the deputy executive director shall have the authority to give certificate under the seal of the corporation as secretary.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1977, ch. 182,  6; P.L. 1978, ch. 305,  7: G.L. 1956,  23-46.1-8; P.L. 1979, ch. 39,  1: G.L. 1956,  23-19-8; P.L. 1998, ch. 277,  1; P.L. 1998, ch. 341,  1. 
 23-19-9. Purposes of the corporation. (a) The purposes of the corporation shall be:  (1) The planning, design, construction, financing, management, ownership, operation, and maintenance of transfer stations, waste processing facilities, resource recovery facilities, and all other solid waste management facilities deemed necessary by the corporation as being desirable, convenient, or appropriate to carry out the provisions of this chapter;  (2) The provision of solid waste management services to municipalities and persons within the state by receiving solid wastes at the corporation facilities, pursuant to contracts between the corporation and the municipalities, and persons, the recovery of resources and resource values from the solid wastes, and the production from the services and resource recovery operations, of revenues sufficient to provide for the support of the corporation and its operations on a self-sustaining basis with due regard to the provision of the services at a reasonable cost to the clients it has contracted with;  (3) The fullest feasible utilization, through contractual arrangements, of private industry for implementation of the corporations plans and programs, and for any other activities that may be considered necessary, desirable, or convenient by the corporation;  (4) Assistance with and coordination of efforts directed towards source separation of solid wastes for recycling purposes;  (5) Assistance in the development of industries and commercial enterprises within the state based upon resource recovery, recycling, and reuse;  (6) Provided, either by contract with a private concern or directly by the corporation, or a recycling facility at, or within a convenient distance of, all solid waste management facilities under the jurisdiction of the Rhode Island resource recovery corporation; and  (7) Develop an industrial/business park in the town of Johnston for points south of Central Pike, west of Old Pocasset Road, to the intersection of Old Pocasset Road and Scituate Avenue, then west of route 295, bounded to the south by the northern shore (mean high water line) of the Upper Simmons Reservoir and the Lower Simmons Reservoir, through the exercise of the eminent domain power and through contractual arrangements.  (b) These purposes shall be considered to be operating responsibilities of the corporation, in accordance with the statewide solid waste management plan, and are to be considered public purposes. It is the intention of this chapter that the corporation shall be granted all powers necessary to fulfill these purposes and to carry out its assigned responsibilities, and that the provisions of this chapter are to be construed liberally in furtherance of this intention.  History of Section.P.L. 1974, ch. 176,  1; P.L. 1978, ch. 305,  8; G.L. 1956,  23-46.1-9; P.L. 1979, ch. 39,  1; G.L. 1956,  23-19-9; P.L. 1986, ch. 522,  2; P.L. 1997, ch. 222,  2; P.L. 1997, ch. 310,  2; P.L. 1998, ch. 350,  1; P.L. 2001, ch. 316,  1. 
 23-2-1. Repealed.
 23-2-16. Use of words referring to local health officers or local health boards  Meaning in general laws. Whenever in the general laws the words local health officers, health officer or board of health or any other word or phrase connoting a local health board or local health officer is used, appropriate wording shall be substituted so as to vest the power and authority in the state department of health or the director of health; provided, however, that nothing contained in this section shall be construed or interpreted to mean that a city or town shall not appoint a health officer or some other official to carry out the provisions of chapter 9 of this title.  History of Section.P.L. 1964, ch. 45,  5. 
 23-2-2. , 23-2-3. [Transferred.]
 23-2-4  23-2-15. Repealed.
 23-20.10-1. Short title. This chapter shall be known as the Public Health and Workplace Safety Act. History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-10. Violations and penalties. (a) An employer who violates this chapter shall be liable for a civil penalty as follows:  (1) A penalty of two hundred fifty dollars ($250) for the first violation;  (2) A penalty of five hundred dollars ($500) for the second violation;  (3) A penalty of one thousand dollars ($1,000) for the third and subsequent violations;  which shall be assessed and recovered in a civil action brought by the city or town solicitor, having jurisdiction over the licensed holder, in the city or town municipal court or any court of competent jurisdiction. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. One-half (12) of any penalty assessed and recovered in an action brought pursuant to this subsection shall be transferred to the municipality in which the civil action originated and the other one-half (12) of any penalty assessed and recovered shall be transferred to the general fund.  (b) Any fines owed under this chapter shall be paid within thirty (30) days of judgment entered. Failure to pay within thirty (30) days will result in the doubling of the penalty.  (c) In undertaking the enforcement of this chapter, the state is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that this breach proximately caused injury.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-11. Public education. The department of health shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-12. Governmental agency cooperation. The state of Rhode Island and its designees shall annually request other governmental and educational agencies having facilities within the state to establish local operating procedures in cooperation and compliance of this chapter. This includes urging all federal, state, municipal and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-13. Other applicable laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-14. Prohibited condition of employment  Smoking by employees outside course of employment. (a) No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his or her employment, or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his or her employment. Provided, however, that the following employers shall be exempt from the provisions of this section: Any employer that is a nonprofit organization which as one of its primary purposes or objectives discourages the use of tobacco products by the general public.  (b) In any civil action alleging a violation of this section, the court may:  (1) Award up to three (3) times the actual damages to a prevailing employee or prospective employee;  (2) Award court costs to a prevailing employee or prospective employee;  (3) Afford injunctive relief against any employer who commits or proposes to commit a violation of this chapter.  (c) Nothing contained in this chapter shall be construed to affect any other provisions of this title.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-15. Repealed.
 23-20.10-16. Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and this holding shall not affect the validity of the remaining portions of this chapter.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-2. Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:  (1) Assisted-living residence means a residence that provides personal assistance and meals to adults in accordance with chapter 17.4 of this title.  (2) Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.  (3) Business means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.  (4) Electronic nicotine delivery system means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other component of that device.  (5) Electronic nicotine delivery system store means a retail store, excluding mall kiosks, utilized primarily for the sale of electronic nicotine delivery system products and accessories.  (6) Electronic smoking device establishment means any business that sells food or alcohol and for which the principal or core business is selling electronic nicotine delivery system devices and where combustible substances are prohibited.  (i) Effective July 1, 2018, all establishments that open thereafter must demonstrate quarterly, for a period of one year and annually thereafter, that the annual revenue generated from the serving of electronic nicotine delivery system devices is thirty-three percent (33%) or more of the total revenue for the establishment. Every such owner of an electronic smoking device establishment shall register no later than January 1 of each year with the division of taxation and shall provide, at a minimum, the owners name and address and the name and address of the electronic smoking device establishment. The division of taxation in the department of administration shall be responsible for the determination under this section and shall promulgate any rules or forms necessary for the implementation of this section.  (7) Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers his or her services for a nonprofit entity.  (8) Employer means a person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity that employs the services of one or more individual persons.  (9) Enclosed area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways) that extend from the floor to the ceiling.  (10) Healthcare facility means an office or institution providing care or treatment of diseases, whether physical, mental, emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards within health-care facilities.  (11) Legislature means the general assembly of the state of Rhode Island.  (12) Place of employment means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employees lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, and hallways. Vehicles owned by a public or private employer are covered under this definition provided that the vehicle is used by more than one person. A private residence is not a place of employment unless it is used as a childcare, adult daycare, or healthcare facility.  (13) Principal or core business means a business whose majority of customers are utilizing electronic nicotine delivery systems during normal business hours.  (14) Public place means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, healthcare facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, the state house, theaters, and waiting rooms. A private residence is not a public place unless it is used as a childcare, adult daycare, or healthcare facility.  (15) Restaurant means an eating establishment, including, but not limited to, coffee shops, cafeterias, and private and public school cafeterias, that gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term restaurant shall include a bar area within the restaurant.  (16) Retail tobacco store means a retail store utilized primarily for the sale of tobacco, electronic cigarette products and accessories, or electronic nicotine delivery system products in which the total annual revenues generated by the sale of other products are no greater than twenty-five percent (25%) of the total revenue for the establishment. The division of taxation shall be responsible for the determination under this section and shall promulgate any rules or forms necessary for the implementation of this section.  (17) Service line means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.  (18) Shopping mall means an enclosed public walkway or hall area that serves to connect retail or professional establishments.  (19) Smoking or smoke means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, other tobacco product or plant product, or other combustible substance in any manner or in any form intended for inhalation in any manner or form. Smoking or smoke also includes the use of electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery system products, or other similar products that rely on vaporization or aerosolization; provided, however, that smoking shall not include burning during a religious ceremony.  (20)(i) Smoking bar means an establishment whose business is primarily devoted to the serving of tobacco products for consumption on the premises, in which the annual revenues generated by tobacco sales are greater than fifty percent (50%) of the total revenue for the establishment and the serving of food or alcohol is only incidental to the consumption of the tobacco products. Effective July 1, 2015, all existing establishments and establishments that open thereafter must demonstrate quarterly, for a period of one year and annually thereafter, that the annual revenue generated from the serving of tobacco products is greater than fifty percent (50%) of the total revenue for the establishment, and the serving of food, alcohol, or beverages is only incidental to the consumption of the tobacco products. Every owner of a smoking bar shall register no later than January 1 of each year with the division of taxation and shall provide, at a minimum, the owners name and address and the name and address of the smoking bar. The division of taxation in the department of administration shall be responsible for the determination under this section and shall promulgate any rules or forms necessary for the implementation of this section.  (ii) Smoking bars shall only allow consumption of food and beverages sold by the establishment on the premises and the establishment shall have public access only from the street.  (iii) Any smoking bar, as defined herein, is required to provide a proper ventilation system that will prevent the migration of smoke into the street.  (21) Sports arena means sports pavilions, stadiums, (indoor or outdoor) organized sports fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2; P.L. 2015, ch. 243,  1; P.L. 2015, ch. 266,  1; P.L. 2018, ch. 207,  1; P.L. 2018, ch. 222,  1. 
 23-20.10-3. Prohibition of smoking in public places. Smoking shall be prohibited in all enclosed public places within the state of Rhode Island, including, but not limited to, the following places:  (1) Aquariums, galleries, libraries and museums;  (2) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, professional offices, banks, laundromats, hotels and motels.  (3) Bars;  (4) Bingo facilities when a bingo game is in progress;  (5) Convention facilities;  (6) Elevators;  (7) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical, recital or other similar performance;  (8) Health care facilities;  (9) Licensed child care and adult day care facilities;  (10) Lobbies, hallways and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit residential facilities with more than four (4) units;  (11) Polling places;  (12) Public transportation facilities, including buses and taxicabs, under the authority of the state of Rhode Island, and ticket, boarding and waiting areas of public transit depots;  (13) Restaurants;  (14) Restrooms, lobbies, reception areas, hallways and other common use areas;  (15) Retail stores;  (16) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the state of Rhode Island or a political subdivision of the state when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the state of Rhode Island;  (17) Schools; including, primary, secondary and post-secondary education facilities;  (18) Service lines;  (19) Shopping malls;  (20) Sports arenas, including outdoor arenas.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-4. Prohibition of smoking in places of employment. Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.  This prohibition on smoking shall be communicated to all existing employees by the effective date of this chapter and to all prospective employees upon their application for employment.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-5. Outdoor smoking space. Nothing in this chapter shall prohibit an employer from providing an outdoor smoking space for their employees. Provided, however, that any employer who provides an outdoor area for its employees to smoke must provide an area which is physically separated from the enclosed workplace so as to prevent the migration of smoke into the workplace.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-6.1. Pari mutual facilities. (a) Any pari mutual facility established under chapter 3.1 or 7 of title 41 or any pari mutual licensee under chapter 61.2 of title 42 shall provide designated smoking and nonsmoking gaming areas in their facilities.  (b) The designated nonsmoking gaming area shall be physically separated from any smoking area and shall be required to have separate and distinct ventilation systems so as to prohibit the migration of smoke into the nonsmoking area.  (c) Except as provided for in paragraph (d), any bar or restaurant located in a pari mutual facility shall be nonsmoking and be physically separate from any smoking area and shall have a separate ventilation system so as to prohibit the migration of smoke into the restaurant.  (d) The prohibitions of this chapter shall not apply to any bar which is presently in existence, located in, and not physically separated from a designated smoking area.  (e) Any licensee of a pari mutual facility shall promulgate rules and regulations to allow their employees the right to work in a smoke free environment. These rules shall include, but not be limited to, provisions on the right to opt out of working in a smoking area and a provision that no adverse impact or action could take place against the employee if they request to opt out of a smoking area. The rules promulgated by the licensee shall be filed with the lottery commission with copies to the general assembly and the department of health no later than March 1, 2005.  (f) Commencing January 1, 2005, any pari mutual licensee shall file an annual report with the lottery commission with copies to the general assembly and department of health detailing smoke mitigation efforts undertaken by the licensee during the previous year and plans for the upcoming year. The licensee shall be required to monitor air quality with current appropriate technology. A professional HVAC engineer (or other appropriate professional) shall certify the monitoring process and results. The results of the monitoring process shall be included in the annual report.  (g) Any enactment relating to the provisions of this section on pari mutual facilities or licensees shall be by statute as enacted by the general assembly, provided however that the general assembly may by statute delegate such authority to the cities and towns.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-6. Where smoking not regulated. (a) Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of this chapter:  (1) Private residences, except when used as a licensed childcare, adult daycare, or healthcare facility;  (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than fifty percent (50%) of rooms rented to guests in a hotel or motel may be so designated;  (3) Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;  (4) Private and semi-private rooms or designated areas in assisted-living residences and nursing facilities as allowed by regulation of the department of health under chapters 17.4 and 17 of this title;  (5) Outdoor areas of places of employment, except those covered by the provisions of  23-20.10-5;  (6) Any smoking bar as defined in  23-20.10-2(20);  (7) [Deleted by P.L. 2005, ch. 22,  1 and P.L. 2005, ch. 23,  1.]  (8) [Deleted by P.L. 2005, ch. 22,  1 and P.L. 2005, ch. 23,  1.]  (9) Any electronic nicotine delivery system store as defined in  23-20.10-2(5) and any electronic smoking device establishment as defined in  23-20.10-2(6).  (b) The provisions of this chapter shall not apply to any stage performance provided that smoking is part of a theatrical production.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2; P.L. 2005, ch. 22,  1; P.L. 2005, ch. 23,  1; P.L. 2008, ch. 475,  62; P.L. 2018, ch. 207,  1; P.L. 2018, ch. 222,  1. 
 23-20.10-7. Posting of signs. (a) No smoking signs or the international No smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter, by the owner, operator, manager or other person in control of that place. Signs required by this chapter may be provided by the state department of health at cost.  (b) Every public place and place of employment where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.  (c) All signs necessary to comply with this section shall be attached at eye level and shall contain the following words IT IS ILLEGAL TO SMOKE IN THIS ESTABLISHMENT. To report a violation call  .  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-8. Nonretaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2. 
 23-20.10-9. Enforcement. (a) The director of health shall promulgate such rules and regulations including the complaint forms, as are necessary to carry out the mandates of this chapter within one hundred eighty (180) days of passage [June 29, 2004].  (b) Notice of the provisions of this chapter shall be given to all applicants for a business license in the state of Rhode Island, to all law enforcement agencies, and to any business required to be registered with the secretary of states office.  (c) Any citizen who desires to register a complaint under this chapter may initiate such a complaint with the department of health.  (d) The department of health, having received a written and signed letter of complaint citing a violation of this chapter, shall enforce this entire chapter against violations by either of the following actions:  (1) Serving written notice to comply to an employer, with a copy of the notice to the complaining individual, requiring the employer to correct immediately any violation or section of this chapter.  (2) Upon receiving a second complaint at the department of health for the same or continued violation by the same employer, the complaint shall be resolved by notifying the city or town solicitor, having jurisdiction over the licensed holder, to initiate, without delay, an action for injunction to enforce the provisions of this chapter, to cause the correction of such violation or section, and for assessment and recovery of a civil penalty for such violation.  (e) The department of health, local fire department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this chapter.  (f) An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof.  (g) In addition to the remedies provided by the provisions of this section, the department of health, aggrieved by the failure of the owner, operator, manager or other person in control of a public place or place of employment to comply with the provisions of this chapter, may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.  History of Section.P.L. 2004, ch. 198,  2; P.L. 2004, ch. 209,  2; P.L. 2008, ch. 475,  62. 
 23-20.11-1. Short title. This act shall be known and may be cited as the Reduced Cigarette Ignition Propensity and Firefighter Protection Act.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1. 
 23-20.11-10. Local regulation. Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this act or with any policy of this state expressed by this act, whether that policy be expressed by inclusion of a provision in the act or by exclusion of that subject from the act.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1. 
 23-20.11-2. Legislative findings. It is hereby found and declared as follows: (1) The general assembly finds that cigarettes are one of the leading causes of fire deaths in this state and in the nation. Each year 700-900 people are killed in the United States due to cigarette fires; 3,000 are injured in fires ignited by cigarettes. A high proportion of the victims of cigarette fires are nonsmokers, including senior citizens and young children. Cigarette-caused fires result in billions of dollars of property losses and damage in the United States and millions of dollars in this state. Cigarette fires unnecessarily jeopardize firefighters and result in avoidable emergency response costs for municipalities.  (2) The general assembly further finds that the state of New York has enacted a cigarette fire safety regulation effective June 28, 2004 that requires that cigarettes sold in that state meet the fire safety performance standards. In 2005, the states of Vermont and California signed into law cigarette fire safety acts that directly incorporate New Yorks regulation into statute; and in 2006, the states of Illinois, New Hampshire, and Massachusetts did the same. Canada implemented the New York State fire safety standard as of October 2005, becoming the first nation to have a cigarette fire safety standard.  (3) The general assembly finds that New York States cigarette fire safety standard is based upon decades of research by the National Institute of Standards and Technology, Congressional research groups and private industry.  (4) It is the general assemblys intent that the state of Rhode Island adopt the cigarette fire safety standard that is in effect in New York State, and the other states listed above, to reduce the likelihood that cigarettes will cause fires and result in deaths, injuries and property damage. It is further the legislatures intent to adopt such a cigarette fire safety standard with a minimum of cost to the state and with minimum burden to cigarette manufacturers, distributors and retail sellers as set forth herein.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1; P.L. 2008, ch. 475,  64. 
 23-20.11-3. Definitions. The following terms shall have the following meanings as used in this chapter: (1) Agent shall mean any person authorized by the state to purchase and affix tax stamps on packages of cigarettes.  (2) Cigarette shall mean any roll for smoking whether made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco, and that because of its size, appearance, the type of tobacco used in its filler, or its packaging or labeling, is likely to be offered to, or purchased by, consumers as a cigarette or cigarette equivalent.  (3) Director shall mean the director of the Rhode Island department of health.  (4) Manufacturer shall mean:  (i) Any entity which manufacturers or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or  (ii) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or  (iii) Any entity that becomes a successor of an entity described in paragraph (a) or (b) of this subdivision.  (5) Repeatability shall mean the range of values within which the repeat results of cigarette test trails from a single laboratory will fall ninety-five percent (95%) of the time.  (6) Retail dealer shall mean any person other than a manufacturer or wholesale dealer engaged in selling cigarettes or tobacco products.  (7) Sale shall mean any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes for any consideration other than money are considered sales.  (8) Sell shall mean to sell, or to offer or agree to do the same.  (9) Quality control and quality assurance program shall mean the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. This program ensures that the testing repeatability remains within the required repeatability values stated in subsection 23-20.11-4(a) of this act for all test trials used to certify cigarettes in accordance with this law.  (10) Wholesale dealer shall mean any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1; P.L. 2008, ch. 475,  64. 
 23-20.11-4. Standards for cigarette fire safety. (a) No cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless such cigarettes have been tested in accordance with the test method and meet the performance standard specified in this subsection; and a written certification has been filed by the manufacturer with the director in accordance with  23-20.11-5 of this act; and the cigarettes have been marked in accordance with  23-20.11-6 of this act.  (1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04 Standard Test Method for Measuring the Ignition Strength of Cigarettes.  (2) Testing shall be conducted on ten (10) layers of filter paper.  (3) No more than twenty-five percent (25%) of the cigarettes tested in a test trial in accordance with this subsection shall exhibit full-length burns. Forty (40) replicate tests shall comprise a complete test trial for each cigarette tested.  (4) The performance standard required by this subsection shall only be applied to a complete test trial.  (5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the director.  (6) Laboratories conducting testing in accordance with this subsection shall implement a quality control and quality assurance program that includes a procedure to determine the repeatability of the testing results. The repeatability value shall be no greater than nineteen hundredths (0.19).  (7) This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.  (8) Testing performed or sponsored by the director to determine a cigarettes compliance with the performance standard required by this section shall be conducted in accordance with this section.  (b) Each cigarette listed in a certification submitted pursuant to  23-20.11-5 of this act that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen (15) millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two (2) bands fully located at least fifteen (15) millimeters from the lighting end and ten (10) millimeters from the filter end of the tobacco column, or ten (10) millimeters from the labeled end of the tobacco column for a nonfiltered cigarette.  (c) The manufacturer or manufacturers of a cigarette that the director determines cannot be tested in accordance with the test method prescribed in subsection 23-20.11-4(a) shall propose a test method and performance standard for such cigarette to the director. Upon approval of the proposed test method and a determination by the director that the performance standard proposed by the manufacturer or manufacturers is equivalent to the performance standard prescribed in subsection 23-20.11-4(a), the manufacturer or manufacturers may employ such test method and performance standard to certify such cigarette pursuant to  23-20.11-5 of this act. If the director determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this section, and the director finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of that states law or regulation under a legal provision comparable to this subsection, then the director shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the director demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section shall apply to such manufacturer or manufacturers.  (d) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years, and shall make copies of these reports available to the director and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the sixtieth (60th) day that the manufacturer does not make such copies available.  (e) The director may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard prescribed in subsection 23-20.11-4(a).  (f) As of January 1, 2010, and at least every three (3) years thereafter, the director shall review of the effectiveness of this section and report to the legislature the directors findings and, if appropriate, recommendations for legislation to improve the effectiveness of this section. The report and legislative recommendations shall be submitted no later than January 1 of each three (3) year period.  (g) This chapter shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1. 
 23-20.11-5. Certification of compliance by manufacturers. (a) Each manufacturer shall submit to the director a written certification attesting that:  (1) Each cigarette listed in the certification has been tested in accordance with  23-20.11-4 of this act;  (2) Each cigarette listed in the certification meets the performance standard set forth under  23-20.11-4 of this act.  (b) Each cigarette listed in the certification shall be described with the following information:  (1) Brand (i.e., the trade name on the package);  (2) Style (e.g., light, ultra light);  (3) Length in millimeters;  (4) Circumference in millimeters;  (5) Flavor (e.g., menthol, chocolate), if applicable;  (6) Filter or non-filter;  (7) Package description (e.g., soft pack, box);  (8) The marking approved in accordance with  23-20.11-6 of this act;  (9) The name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and  (10) The date that the testing occurred.  (c) Such certifications shall be made available to the attorney general and the department of taxation for the purposes of ensuring compliance with this section. Each cigarette certified under this section shall be recertified every three (3) years.  (d) For each certification a manufacturer shall pay to the director a two hundred and fifty dollar ($250) fee. The director shall have the power to adjust this fee to an amount sufficient only to provide for processing, testing, enforcement and oversight activities related to this chapter.  (e) There is hereby established in the custody of the state comptroller a special fund to be known as the Reduced Cigarette Ignition Propensity and Firefighter Protection Act Enforcement Fund. Such fund shall consist of all certification fees submitted by manufacturers, and shall, in addition to any other monies made available for such purpose, be available to the department of health and shall be used solely to support state processing, testing, enforcement and oversight activities related to this chapter. All payments from the Reduced Cigarette Ignition Propensity and Firefighter Protection Act Enforcement Fund shall be made on the audit and warrant of the state treasurer on vouchers certified and submitted by the director.  (f) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards mandated by this chapter, then before such cigarette may be sold or offered for sale in this state such manufacturer shall retest such cigarette in accordance with the testing standards prescribed in  23-20.11-4 of this act and maintain records of such retesting as required in  23-20.11-4 of this act. Any such altered cigarette which does not meet the performance standard set forth in  23-20.11-4 of this act may not be sold in the state.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1. 
 23-20.11-6. Package markings. (a) Cigarettes that are certified by a manufacturer in accordance with  23-20.11-5 shall be marked to indicate compliance with the requirements of  23-20.11-4. Such marking shall be in eight (8) point font type or larger and consist of:  (1) Modification of the product UPC Code to indicate a visible mark printed at or around the area of the UPC Code. Such mark may consist of alphanumeric or symbolic character(s) permanently stamped, engraved, embossed or printed in conjunction with the UPC; or  (2) Any visible combination of alphanumeric or symbolic character(s) permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or  (3) Printed, stamped, engraved or embossed text that indicates that the cigarettes meet the standards of this section.  (b) A manufacturer must use only one marking, and must apply this marking uniformly for all packages (including, but not limited to, packs, cartons, and cases) and brands marketed by that manufacturer.  (c) The director must be notified as to the marking that is selected.  (d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the director for approval. Upon receipt of the request, the director shall approve or disapprove the marking offered, except that the director shall approve any marking in use and approved for sale in this state pursuant to the New York Fire Safety Standards for Cigarettes. Proposed markings shall be deemed approved if the director fails to act with ten (10) business days of receiving a request for approval.  (e) No manufacturer shall modify its approved marking unless the modification has been approved by the director in accordance with this section.  (f) Manufacturers certifying cigarettes in accordance with  23-20.11-5 shall provide a copy of such certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the director, the department of taxation, the attorney general, their employees, or other law enforcement personnel, to inspect markings of cigarette packaging marked in accordance with this section.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1. 
 23-20.11-7. Enforcement and penalties. (a) Any manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of  23-20.11-4 shall, for first offense be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per each such sale of such cigarettes, and for a subsequent offense be subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) per each such sale of cigarettes, provided that in no case shall the penalty against any such person or entity exceed one hundred thousand dollars ($100,000) for sales or offers to sell during a thirty (30) day period. Any retail dealer who knowingly sells or offers to sell cigarettes in violation of  23-20.11-4 shall be subject to the following: (1) for a first offense be subject to a civil penalty not to exceed five hundred dollars ($500), and for a subsequent offense be subject to a civil penalty not to exceed two thousand dollars ($2,000), per each such sale or offer for sale of cigarettes; provided, that the total number of cigarettes sold or offered for sale in such sale does not exceed one thousand (1,000) cigarettes; (2) for a first offense be subject to a civil penalty not to exceed one thousand dollars ($1,000), and for a subsequent offense be subject to a civil penalty not to exceed five thousand dollars ($5,000) per each such sale or offer for sale of such cigarettes; provided, that the total number of cigarettes sold or offered for sale in such sale exceeds one thousand (1,000) cigarettes, provided that this penalty against any retail dealer shall not exceed twenty-five thousand dollars ($25,000) during a thirty (30) day period. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacturer of cigarettes that knowingly makes a false certification pursuant to  23-20.11-5 shall, for a first offense be subject to a civil penalty not to exceed ten thousand dollars ($10,000) and for a subsequent offense a civil penalty not to exceed twenty-five thousand dollars ($25,000), for each such false certification. Any person violating any other provision in this section shall be subject to a civil penalty for a first offense not to exceed one thousand dollars ($1,000), and for a subsequent offense subject to a civil penalty not to exceed five thousand dollars ($5,000) for each such violation. Any cigarettes that have been sold or offered for sale that do not comply with the safety standard required by  23-20.11-4 shall be subject to forfeiture an disposal by the state; provided, however, that prior to the destruction of any cigarette forfeited pursuant to these provision, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect such cigarette.  (b) The director is authorized to enforce this legislation and to promulgate regulations as necessary to effectuate the purposes of this law.  (c) The director of the division of taxation, in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, may inspect cigarettes to determine if the cigarettes are marked as required by  23-20.11-6 of this act. If the cigarettes are not marked as required, the director of the division of taxation shall notify the director.  (d) In addition to any other remedy provided by law, the attorney general may file an action in state court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state government because of a violation of this section, including enforcement costs relating to the specific violation and attorneys fees. Each violation of this section or of rules adopted under this section constitutes a separate civil violation for which the attorney general may obtain relief.  (e) To enforce the provisions of this act, the attorney general and the director are hereby authorized to examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes in any such premises. Every person in the possession, control or occupancy of any premises where cigarettes are placed, sold or offered for sale, is hereby directed and required to give the attorney general and the director the means, facilities and opportunity for the examinations authorized by this section.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1. 
 23-20.11-8. Fire prevention and public safety fund. There is hereby established in the custody of the state comptroller a special fund to be known as the Fire Prevention and Public Safety Fund. The fund shall consist of all monies recovered as penalties hereunder. Monies shall be deposited to the credit of the fund and shall, in addition to any other monies made available for such purpose, be available to the director to support fire safety and prevention programs. All payments from the fund shall be made on the audit and warrant of the state treasurer on vouchers certified and submitted by the director.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1. 
 23-20.11-9. Effect of federal regulation. This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.  History of Section.P.L. 2007, ch. 245,  1; P.L. 2007, ch. 333,  1. 
 23-20.12-1. Definitions. When used in this chapter, the following words shall have the following meanings: (1) Director means the director of health or his or her duly appointed agents.  (2) Food service establishment shall have the meaning set forth in  21-27-1(11).  (3) Quick service restaurant means any food service establishment that delivers food through a drive-thru window.  History of Section.P.L. 2012, ch. 408,  1; P.L. 2012, ch. 414,  1. 
 23-20.12-2. Department of Health  Establishment of Food Allergy Awareness Program. The director of health shall establish a food allergy awareness program which shall require that every food-service establishment shall: (1) Have prominently displayed a poster approved by the director relative to food allergy awareness in the staff area. The poster shall provide, but not be limited to, information regarding the risk of an allergic reaction and shall be developed by the department of health in consultation with the Rhode Island hospitality association, the food allergy and anaphylaxis-network and at least one representative from a quick service restaurant; (2) Include on all menus a notice to customers of the customers obligation to inform the server about any food allergies. The director shall develop and approve the language of the notice in consultation with the Rhode Island hospitality association, the food allergy and anaphylaxis-network and at least one representative from a quick service restaurant; and (3) Designate a manager who shall be knowledgeable with regard to the relevant issues concerning food allergies as they relate to food preparation. The director shall prepare and provide both written and video materials for mandatory review by persons designated as managers of any food-service establishment, or the persons designated as managers shall be certified by a food protection manager certification program that is evaluated and listed by a conference for food protection-recognized accrediting agency as conforming to the conference for food protection standards for accreditation of food protection manager certification programs. The department of health shall include knowledge of food allergy issues as part of the certification procedure for managers in food safety pursuant to chapter 27 of title 21.  History of Section.P.L. 2012, ch. 408,  1; P.L. 2012, ch. 414,  1. 
 23-20.12-3. Rules and regulations. The director shall adopt rules and regulations relating to the administration and enforcement of this chapter.  History of Section.P.L. 2012, ch. 408,  1; P.L. 2012, ch. 414,  1. 
 23-20.12-4. Food Allergy Friendly designation. The director shall develop a program for food-service establishments to be designated as Food Allergy Friendly and shall maintain a listing of food-service establishments receiving such designation on the department of healths website. Participation in the program shall be voluntary and the director shall, in consultation with the Rhode Island hospitality association and the food allergy and anaphylaxis-network, issue guidelines and requirements for food-service establishments to receive such designation, provided that such requirements shall include, but not be limited to, maintaining on the premises, and making available to the public, a master list of all the ingredients used in the preparation of each food item available for consumption.  History of Section.P.L. 2012, ch. 408,  1; P.L. 2012, ch. 414,  1. 
 23-20.12-5. Enforcement. The director of health, or the directors authorized agents, shall enforce the provisions of this chapter.  History of Section.P.L. 2012, ch. 408,  1; P.L. 2012, ch. 414,  1. 
 23-20.5-1. Definitions. When used in this chapter, the following words shall have the following meanings: (1) Director means the director of health or his or her duly appointed agents.  (2) Food-service establishment means any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.  History of Section.P.L. 1975, ch. 257,  1; G.L. 1956,  23-54-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.5-1. 
 23-20.5-2. Choke-saving techniques  Obligation and liability of choke-savers. (a) The director shall require food-service establishments to post in conspicuous locations diagrams and illustrations that demonstrate non-instrumental choke-saving techniques.  (b) Choke-saving and cardiopulmonary resuscitation (CPR) masks and gloves to protect rescuers shall be available in an accessible area of each food service establishment to ensure patrons and/or staff can access them for use with a victim within three (3) minutes from the identification of a choking incident. Patrons must be notified in a clear and conspicuous manner that said resuscitation equipment is available and its location.  (c) Except as otherwise provided by law, no person shall be obligated to remove, assist in removing, or attempt to remove, food which may become stuck in a persons throat, nor shall any person who negligently under the circumstances removes or attempts to remove such food in an emergency be liable for any civil damages as a result of any acts or omissions by the person in rendering the emergency assistance.  History of Section.P.L. 1975, ch. 257,  1; G.L. 1956,  23-54-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.5-2; P.L. 1979, ch. 7,  1; P.L. 2006, ch. 611,  1. 
 23-20.5-3. Penalty for violations. Any person violating the provisions of  23-20.5-2 shall be guilty of a misdemeanor and for each offense shall be fined not more than fifty dollars ($50.00).  History of Section.P.L. 1975, ch. 257,  1; G.L. 1956,  23-54-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.5-3. 
 23-20.6-1  23-20.6-4. Repealed.
 23-20.7.1-1. Repealed.
 23-20.7-1  23-20.7-7. Repealed.
 23-20.8.1-1. Definitions. As used in this chapter: (1) Board certified music therapist means an individual who has completed the education and clinical training requirements established by the American Music Therapy Association; has passed the certification board for music therapists certification examination; or transitioned into board certification, and remains actively certified by the certification board for music therapists.  (2) Music therapist means a person registered to practice music therapy pursuant to this chapter.  (3) Music therapy means the clinical and evidence based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music. Music therapy is a distinct and separate profession from other licensed, certified, or regulated professions, including speech-language pathology. The practice of music therapy does not include the diagnosis of any physical, mental, or communication disorder. This term may include:  (i) Accepting referrals for music therapy services from medical, developmental, mental health, or education professionals; family members; clients; or caregivers. Before providing music therapy services to a client for a medical, developmental, or mental health condition, the registrant shall collaborate, as applicable, with the clients physician, psychologist, or mental health professional to review the clients diagnosis, treatment needs, and treatment plan. During the provision of music therapy services to a client, the registrant shall collaborate, as applicable, with the clients treatment team;  (ii) Conducting a music therapy assessment of a client to collect systematic, comprehensive, and accurate information necessary to determine the appropriate type of music therapy services to provide for the client;  (iii) Developing an individualized music therapy treatment plan for the client;  (iv) Carrying out an individualized music therapy treatment plan that is consistent with any other medical, developmental, mental health, or educational services being provided to the client;  (v) Evaluating the clients response to music therapy and the individualized music therapy treatment plan and suggesting modifications, as appropriate;  (vi) Developing a plan for determining when the provision of music therapy services is no longer needed in collaboration with the client, any physician, or other provider of healthcare or education of the client, any appropriate member of the family of the client, and any other appropriate person upon whom the client relies for support;  (vii) Minimizing any barriers so that the client may receive music therapy services in the least restrictive environment; and  (viii) Collaborating with and educating the client and the family or caregiver of the client or any other appropriate person about the needs of the client that are being addressed in music therapy and the manner in which the music therapy addresses those needs.  (4) Office means the department of health.  (5) Director means the director of the department of health or his or her designee.  History of Section.P.L. 2014, ch. 189,  1; P.L. 2014, ch. 211,  1. 
 23-20.8.1-2. Applicability and scope. After January 1, 2015, a person shall not practice music therapy or represent himself or herself as being able to practice music therapy in this state unless the person is registered pursuant to this chapter. Nothing in this chapter may be construed to prohibit or restrict the practice, services, or activities of the following:  (1) Any person licensed, certified, or regulated under the laws of this state in another profession or occupation or personnel supervised by a licensed professional in this state performing work, including the use of music, incidental to the practice of his or her licensed, certified, or regulated profession or occupation, if that person does not represent himself or herself as a music therapist; or  (2) Any person whose training and national certification attests to the individuals preparation and ability to practice his or her certified profession or occupation if that person does not represent himself or herself as a music therapist.  (3) Any practice of music therapy as an integral part of a program of study for students enrolled in an accredited music therapy program if the student does not represent himself or herself as a music therapist.  (4) Any person who practices music therapy under the supervision of a registered music therapist if the person does not represent himself or herself as a music therapist.  History of Section.P.L. 2014, ch. 189,  1; P.L. 2014, ch. 211,  1. 
 23-20.8.1-3. Issuance of registration  Minimum qualifications. (a) The director shall issue a registration to an applicant for a music therapy registration when such applicant has completed and submitted an application, upon a form and in such manner as the director prescribes, accompanied by applicable fees, and evidence satisfactory to the director that:  (1) The applicant is at least eighteen (18) years of age;  (2) The applicant holds a bachelors degree or higher in music therapy, or its equivalent, from a program approved by the American Music Therapy Association, or any successor organization within an accredited college or university;  (3) The applicant successfully completes a minimum of twelve hundred (1,200) hours of clinical training, with at least one hundred eighty (180) hours in pre-internship experiences and at least nine hundred (900) hours in internship experiences; provided that the internship is approved by an academic institution, the American Music Therapy Association or its successor association, or both;  (4) The applicant is in good standing based on a review of the applicants music therapy practice history in other jurisdictions, including a review of any alleged misconduct or neglect in the practice of music therapy on the part of the applicant;  (5) The applicant provides proof of passing the examination for board certification offered by the certification board for music therapists, or any successor organization, or provides proof of being transitioned into board certification, and provides proof that the applicant is currently a board-certified music therapist.  (b) The director shall issue a registration to an applicant for a music therapy registration when such applicant has completed and submitted an application upon a form, and in such manner as the director prescribes, accompanied by applicable fees, and evidence satisfactory to the director that the applicant is registered and in good standing as a music therapist in another jurisdiction where the qualifications required are equal to, or greater than, those required in this chapter at the date of application.  History of Section.P.L. 2014, ch. 189,  1; P.L. 2014, ch. 211,  1. 
 23-20.8.1-4. Suspension and revocation of registration. (a) Every registration issued under this chapter shall be renewed biennially. A registration shall be renewed upon payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal. The following shall also be required for registration renewal: proof of maintenance of the applicants status as a board certified music therapist.  (b) A registrant shall inform the director of any changes to his or her address. Each registrant shall be responsible for timely renewal of his or her registration.  (c) Failure to renew a registration shall result in forfeiture of the registration. Registrations that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited registration within one year of the date of its expiration shall result in the automatic termination of the registration and the director may require the individual to reapply for registration as a new applicant.  History of Section.P.L. 2014, ch. 189,  1; P.L. 2014, ch. 211,  1. 
 23-20.8.1-5. Waiver of examination. The director shall waive the examination requirement for an applicant until January 1, 2015, who is:  (1) A board-certified music therapist; or  (2) Designated as a registered music therapist, certified music therapist, or advanced certified music therapist and in good standing with the national music therapy registry.  History of Section.P.L. 2014, ch. 189,  1; P.L. 2014, ch. 211,  1. 
 23-20.8.1-6. Rules and regulations. The director is authorized to adopt, modify, repeal, and promulgate rules and regulations in accordance with the purposes of this chapter, and only after procedures in accordance with the administrative procedures act (chapter 35 of title 42) have been followed. The director is further authorized to assess fees for registrations issued in accordance with rules and regulations promulgated pursuant to the authority conferred by this chapter, provided that those fees are assessed only after procedures in accordance with the administrative procedures act (chapter 35 of title 42) have been followed. All fees shall be deposited into the general fund as general revenue.  History of Section.P.L. 2014, ch. 189,  1; P.L. 2014, ch. 211,  1. 
 23-20.8-1. Definitions. As used in this chapter: (1) Board means the Rhode Island State Board of Licensed Massage Therapists as established within this chapter.  (2) Body works and body-works services means body rubs, body stimulation, manipulation, or conditioning of any part or parts of the body, spa services, and spa treatments performed by any person not licensed under this title.  (3) Continuing education means a course of study subsequent to the completion of, and in addition to, an approved entry-level program of massage therapy education.  (4) Continuing education units means an instructional period of at least fifty (50) continuous minutes per hour in a recognized or approved course.  (5) Massage means the systematic and scientific manipulation of the soft tissues of the body accomplished by the use of digits, hands, forearms, elbows, knees, or feet, hand-held tool, or other external apparatus. Massage may include the use of topical applications.  (6) Massage therapist means a person engaged in the practice of massage and is licensed in accordance with this chapter of the general laws of the state of Rhode Island.  (7) Massage therapy means the use of massage for therapeutic purposes, including, but not limited to: pain management, stress reduction, promotion of relaxation, and enhancement of general health and well-being. Massage therapy includes, but is not limited to, manipulation of soft tissue and normal movement of the body to develop an appropriate massage therapy session and the delivery of self-care and health maintenance information. Massage therapy does not encompass:  (i) Diagnosis;  (ii) The prescribing of drugs or medicines;  (iii) Spinal manipulation; and  (iv) Any service or procedure for which a license or registration is required by law, including, but not limited to, the practice of medicine, chiropractic, naturopathy, physical therapy, occupational therapy, nutrition, psychotherapy, behavioral health services, or podiatry.  (8) Practice of massage therapy means the exchange of massage therapy services for currency, goods, or services.  (9) Topical applications means but is not limited to, lubricants, emollients, non-prescription analgesics, and the use of heat and cold.  History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-1; P.L. 1982, ch. 407,  1; P.L. 1998, ch. 273,  2; P.L. 2008, ch. 100, art. 6,  1; P.L. 2013, ch. 165,  1; P.L. 2013, ch. 222,  1; P.L. 2016, ch. 211,  1; P.L. 2016, ch. 213,  1; P.L. 2019, ch. 114,  1; P.L. 2019, ch. 140,  1. 
 23-20.8-10. Enforcement. Except for the provisions of  23-20.8-11 this chapter shall be enforced by the director of health or any city or town licensing authority.  History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-10; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-10; P.L. 1998, ch. 273,  2; P.L. 2013, ch. 165,  3; P.L. 2013, ch. 222,  3; P.L. 2016, ch. 211,  1; P.L. 2016, ch. 213,  1. 
 23-20.8-11. Penalties. (a) Any person who practices massage therapy or acts in any capacity where a license is required by this chapter, without a license provided for in this chapter, shall be guilty of a misdemeanor.  (b) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy practice who knowingly employs a person who is not licensed as a massage therapist, or who allows an unlicensed person to perform, operate, or practice massage therapy is guilty of a misdemeanor.  (c) The practice of massage therapy by a person without a license issued under this chapter is declared to be a danger to the public health and welfare. In addition to any other civil, criminal, or disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the person is practicing, or purporting to practice, may maintain an action to enjoin that person from practicing massage therapy until this person secures a valid license.  (d) [Deleted by P.L. 2008, ch. 100, art. 6,  1].  History of Section.P.L. 1998, ch. 273,  3; P.L. 2008, ch. 100, art. 6,  1; P.L. 2019, ch. 114,  1; P.L. 2019, ch. 140,  1. 
 23-20.8-2.1. Board of massage therapists. (a) Within the division of professional regulation of the department of health, there shall be a Rhode Island state board of licensed massage therapists appointed by the director of the department of health with the approval of the governor. Composition of board members: The board shall consist of seven (7) members who reside in the state of Rhode Island. At all times at least four (4) members shall be massage therapists in good standing, and shall have engaged in the practice of massage therapy for not less than five (5) years. One member shall be a member of the general public, who does not have financial interest in the profession, or is married to or in domestic partnership with someone in the profession. At no time shall more than one board member be an owner of, an instructor of, or otherwise affiliated with a board-approved massage therapy school or a course of instruction. The four (4) members who are licensed pursuant to this chapter shall represent both solo practitioners as well as members of a group practice.  (b) The board shall be appointed for staggered terms. All terms shall be for two (2) years. No member shall serve more than three (3) consecutive terms. Upon the death, resignation, or removal of any member, the director of the department of health, with the approval of the governor, shall appoint to fill vacancies, as they occur, a qualified person to serve on the board for the remainder of his or her term or until his or her successor is appointed and qualified.  (c) The board shall elect, at its first meeting of the calendar year, from its members a chair and other officers as it deems appropriate and necessary to conduct business. The chair shall preside at meetings of the board and shall be responsible for the performance of all duties and functions of the board and shall perform those duties customarily associated with the position in addition to other duties assigned by the board. The board shall designate a member to serve in the absence of the chair.  (d) The chair and any other officer shall serve a term of one year commencing with the day of his or her election and ending upon the election of his or her successor.  (e) The director of the department of health may remove any member of the board for the neglect of any duty required by law or for any incompetent, unprofessional, or dishonorable conduct. Before beginning his or her term of office, each member shall take the oath prescribed by law, a record of which shall be filed with the secretary of state.  (f) A board member may be suspended or removed by the director of the department of health for unprofessional conduct; refusal or inability of a board member to perform his or her duties as a member of the board in an efficient, responsible, and professional manner; conviction of a felony or of a crime related to the practice of the healthcare profession; failure to meet the qualifications of this statute; or committing any act prohibited by this statute.  (g) Members of the board shall not receive compensation for their attendance at official meetings of the board, or attendance at any meeting that would constitute official board business, including teleconference calls or other board responsibilities.  (h) The board shall meet at least quarterly. The board may hold additional meetings at the call of the chair or at the written request of any three (3) members of the board. The chair of the board shall have the authority to call other meetings at his or her discretion.  (i) The board may appoint committees as it considers necessary to carry out its duties.  (j) A quorum shall be necessary to conduct official board business or any committee thereof. A majority of the members shall constitute a quorum. The board may enter into executive (closed) session according to relevant law.  History of Section.P.L. 2013, ch. 165,  2; P.L. 2013, ch. 222,  2; P.L. 2019, ch. 114,  1; P.L. 2019, ch. 140,  1. 
 23-20.8-2. Repealed.
 23-20.8-3. Practice of massage therapy  License required  Use of title limited  Qualifications for licenses continuing education  Fees. (a) A person shall not practice, or hold himself or herself out to others as practicing massage therapy, or as a massage therapist, without first receiving from the board a license to engage in that practice.  (b) A person shall hold himself or herself out to others as a massage therapist when the person adopts or uses any title or description, including: massage therapist, masseur, masseuse, massagist, massotherapist, myotherapist, body therapist, massage technician, massage practitioner, or any derivation of those terms that implies this practice.  (c) It shall be unlawful to advertise the practice of massage therapy using the term massage therapy, or any other term that implies a massage technique or method, in any public or private publication or communication by a person not licensed by the state of Rhode Island department of health as a massage therapist. Any person who holds a license to practice as a massage therapist in this state may use the title licensed massage therapist and the abbreviation LMT. No other persons may assume this title or use such abbreviation or any other word, letters, signs, or figures to indicate that the person using the title is a licensed massage therapist. A massage therapists name and license number must conspicuously appear on all of the massage therapists print and electronic material. A massage therapist licensed under this chapter must have available his or her license in all places of business practice.  (d)(1) The board shall, by rule, establish requirements for continuing education. The board may establish such requirements to be completed and verified annually. The board shall require no more than six (6) continuing education units annually.  (2) Applicants for annual licensure renewal shall meet continuing education requirements as prescribed by the board. On application for renewal of license, massage therapists shall attest to completion of six (6) continuing education units annually that may include, but not be limited to:  (i) Formal presentations;  (ii) Conferences;  (iii) Coursework from a massage school or program, accredited college/university; and/or  (iv) Self-study or online coursework.  The programs or offerings shall be approved or sponsored by a board-approved organization. (3) A licensee who fails to complete the continuing education requirements described herein may be subject to disciplinary action pursuant to  5-40-13.  (4) A license may be denied to any applicant who fails to provide satisfactory evidence of completion of continuing education relevant to massage therapy as required herein.  (5) The board may waive the requirement for continuing education if the board is satisfied that the applicant has suffered hardship that may have prevented meeting the educational requirements.  (e) The fee for original application for licensure as a massage therapist and for annual license renewal shall be as set forth in  23-1-54. Fees for all other licenses under this chapter shall be fixed in an amount necessary to cover the cost of administering this chapter.  (f) Any person applying for a license under this chapter shall undergo a national criminal background check. Such persons shall apply to the bureau of criminal identification of the state police or local police department for a national criminal background check. Fingerprinting shall be required. Upon the discovery of any disqualifying information as defined in subsection (g), the bureau of criminal identification of the state police or the local police department shall inform the applicant, in writing, of the nature of the disqualifying information and, without disclosing the nature of the disqualifying information, shall notify the board, in writing, that disqualifying information has been found. In those situations in which no disqualifying information has been found, the bureau of criminal identification shall inform the applicant and the board in writing of this fact. An applicant against whom disqualifying information has been found may request that a copy of the national criminal background report be sent to the board, which shall make a judgment regarding the licensure of the applicant. The applicant shall be responsible for payment of the costs of the national criminal background check.  (g) Disqualifying information means those offenses, including, but not limited to, those defined in chapters 34, 34.1, and 37 of title 11, and  23-17-37.  (h) Notwithstanding the above, any city or town may, by ordinance, regulate the opening, the presence, the location, and the operation of any body-works business or any business providing body-works services. Provided, however, no ordinance may impose additional qualifications beyond those adopted by the department of health pursuant to this chapter respecting national criminal background checks for persons applying for a license.  History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-3; P.L. 1982, ch. 407,  1; P.L. 1993, ch. 138, art. 71,  9; P.L. 2001, ch. 77, art. 14,  32; P.L. 2004, ch. 467,  4; P.L. 2005, ch. 411,  1; P.L. 2007, ch. 73, art. 39,  32; P.L. 2012, ch. 241, art. 9,  44; P.L. 2013, ch. 165,  3; P.L. 2013, ch. 222,  3; P.L. 2016, ch. 211,  1; P.L. 2016, ch. 213,  1; P.L. 2019, ch. 114,  1; P.L. 2019, ch. 140,  1. 
 23-20.8-4. Board of massage therapists  Powers and duties. Subject to the provisions of this chapter, the board shall have the authority to implement, interpret, and enforce this statute including, but not limited to, the authority to:  (1) Adopt rules and regulations governing the licensure of massage therapists in a manner consistent with the provisions of this chapter and in accordance with the procedures outlined in the administrative procedures act and promulgated in accordance with state law;  (2) Evaluate the qualifications of applicants for licensure;  (3) Assess entry-level competence through the use of an examination approved by the board;  (4) Recommend the issuing or renewal of a license to applicants or licensed massage therapists who meet the qualifications of the statute and all rules applicable to this chapter as promulgated by the board;  (5) Establish and enforce standards of professional and ethical conduct for licensed massage therapists;  (6) Adopt rules that endorse equivalent licensure examinations of another state or territory of the United States, the District of Columbia, or a foreign country and that may include licensure by reciprocity; hold hearings, as necessary, in accordance with the administrative procedures act;  (7) Maintain a complete record of all licensed massage therapists, ensure licensee compliance with all established requirements;  (8) The board will make an annual report to the governor that shall contain duties performed, actions taken, and appropriate recommendations;  (9) The board will consult and advise other regulatory entities as necessary regarding issues pertaining to massage therapy education and/or issues related to the regulation of massage therapists;  (10) Upon receipt of a complaint, the department of health shall authorize the investigation of any allegations of wrongdoing undertaken by any person, entity, license or organization related to the practice of massage therapy;  (11) The board shall review investigative reports deemed necessary by the director and make appropriate recommendations to the director for action including, but not limited to, issuance of a letter of concern or warning of the possible infraction of this statute; issuance of a letter initiating a ten-day (10) corrective action period allowing the person practicing to address an infraction; suspension for a period not to exceed ninety (90) days of any license issued under the authority of this chapter; and may, after due notice and hearing, revoke the license if it is found that the person practicing massage therapy is in violation of those rules and regulations or any provision of this chapter. The holder of a license shall upon its revocation promptly surrender it to the board or its designee.  History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-4; P.L. 2001, ch. 86,  5; P.L. 2013, ch. 165,  3; P.L. 2013, ch. 222,  3; P.L. 2019, ch. 114,  1; P.L. 2019, ch. 140,  1. 
 23-20.8-5. Application for license  Issuance or denial of license  Minimum qualifications. (a) Every person desiring to begin the practice of massage therapy, except exempt persons as provided in this chapter, shall present satisfactory evidence to the division of professional regulation of the department of health that he or she:  (1) Is over eighteen (18) years of age;  (2) Has submitted to a national criminal background check in accordance with  23-20.8-3;  (3) Has successfully completed an educational program, meeting minimum requirements established by the board, including at least six hundred fifty (650) hours of supervised in-class, hands-on coursework and clinical work; and  (4) Has successfully completed an examination approved by the board. Any examination approved by the board must meet generally recognized standards including development through the use of a job-task analysis and must meet appropriate psychometric standards.  (b) The department may grant a license to any applicant satisfying the requirements of subsection (a), has completed all appropriate forms, paid all appropriate fees and has met substantially equivalent standards in obtaining a valid license, permit, certificate or registration issued by any other state or territory of the United States or by a foreign country.  (c) The department shall, within sixty (60) days from the time any application for a license is received, grant the application and issue a license to practice massage therapy for a year from that date if the department is satisfied that the applicant complies with the rules and regulations promulgated in accordance with this chapter. An applicant, whose national criminal background check reveals a conviction for any sexual offense, including, but not limited to, those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under this chapter.  (d) The fee for original application for licensure as a massage therapist and the fee for annual license renewal shall be determined by the department of health.  History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-5; P.L. 1998, ch. 273,  2; P.L. 2005, ch. 411,  1; P.L. 2008, ch. 100, art. 6,  1; P.L. 2013, ch. 165,  3; P.L. 2013, ch. 222,  3; P.L. 2018, ch. 176,  16; P.L. 2018, ch. 289,  16; P.L. 2019, ch. 114,  1; P.L. 2019, ch. 140,  1. 
 23-20.8-6. Suspension and revocation of licenses. Whenever the board, or board designee, or any city or town licensing authority, shall have reason to believe or that any person licensed under this chapter to practice massage therapy has been convicted of any sexual offense, or that any person is practicing massage in violation of this chapter or regulations promulgated under this chapter, the board, or board designee, or any city or town licensing authority, may, pending an investigation and hearing, suspend, for a period not exceeding ninety (90) days, any license issued under authority of this chapter and may, after due notice and hearing, revoke the license if he or she finds that the person practicing massage is in violation of those rules and regulations or any provision of this chapter. The holder of a license shall, upon its revocation promptly surrender it to the board, or board designee, or any city or town licensing authority.  History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-6; P.L. 1998, ch. 273,  2; P.L. 2005, ch. 411,  1; P.L. 2008, ch. 100, art. 6,  1; P.L. 2013, ch. 165,  3; P.L. 2013, ch. 222,  3; P.L. 2016, ch. 211,  1; P.L. 2016, ch. 213,  1. 
 23-20.8-7. Judicial review of license action. Any person aggrieved by a decision of the board, or board designee, or any city or town licensing authority, refusing to grant an application for a license under this chapter, or suspending or revoking any license already issued, may, within thirty (30) days, exclusive of Sundays and holidays, after receiving notice of that decision or order of the board, administrator of professional regulation, or director department of health may be taken by an aggrieved party to the superior court in the manner provided for in chapter 35 of title 42.  History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-7; P.L. 2013, ch. 165,  3; P.L. 2013, ch. 222,  3; P.L. 2016, ch. 211,  1; P.L. 2016, ch. 213,  1. 
 23-20.8-8. Repealed. History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-8; P.L. 1998, ch. 273,  2; Repealed by P.L. 2013, ch. 165,  4, effective July 11, 2013; P.L. 2013, ch. 222,  4, effective July 11, 2013. 
 23-20.8-9. Persons exempt. Nothing contained in this chapter shall prohibit: (1) A person who is otherwise licensed, certified, or registered in accordance with the general laws of Rhode Island, from performing service within his or her authorized scope of practice and who does not hold himself/herself out to be a massage therapist.  (2) A nonresident massage therapist holding a valid license, permit, certificate, or registration issued by another state or territory of the United States, the District of Columbia, or a foreign country when incidentally in this state to provide service as part of an emergency response team working in conjunction with disaster relief officials.  (3) A nonresident massage therapist holding a valid license, permit, certificate, or registration issued by any other state or territory of the United States, the District of Columbia, or by a foreign country and temporarily practicing massage therapy in this state for a period not exceeding thirty (30) days for the purpose of presenting educational or clinical programs, lectures, seminars, or workshops to massage therapists.  (4) A graduate from an approved educational program may practice massage therapy only under the supervision of one, assigned, onsite licensed massage therapist. Graduates have ninety (90) days from the date on the application fee receipt to meet licensure requirements of this state in accordance with regulations prescribed by the board.  (5) A massage therapist who provides acceptable evidence of being currently licensed to practice massage therapy by examination or endorsement under the laws of other states or territories of the United States, the District of Columbia, or by a foreign country has a grace period of forty-five (45) days from the date on the application fee receipt to meet licensure requirements of this state in accordance with regulations prescribed by the board. The original privilege to work forty-five (45) days from the date on the application fee receipt shall not be extended or renewed.  (6) A nonresident massage therapist holding a valid license, permit, certificate, or registration issued by any other state or territory of the United States, the District of Columbia, or by a foreign country when in this state as part of a charity/event where massage is appropriate.  (7) [Deleted by P.L. 2019, ch. 114,  1 and P.L. 2019, ch. 140,  1].  History of Section.P.L. 1978, ch. 230,  1; G.L. 1956,  23-58-9; P.L. 1979, ch. 39,  1; G.L. 1956,  23-20.8-9; P.L. 1982, ch. 407,  1; P.L. 2013, ch. 165,  3; P.L. 2013, ch. 222,  3; P.L. 2019, ch. 114,  1; P.L. 2019, ch. 140,  1. 
 23-20.9-1. Short title. This chapter shall be known as the Smoking Restrictions in Schools Act. History of Section.P.L. 1992, ch. 230,  1. 
 23-20.9-10. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid in a court test, this invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 1992, ch. 230,  1. 
 23-20.9-11. Preemption. Nothing contained in this chapter shall be construed to restrict the power or authority of any Rhode Island city, town or other legal subdivision to adopt and enforce additional local laws, ordinances, or regulations that comply with at least the minimal applicable standards to establish smoke free schools as set forth in this chapter.  History of Section.P.L. 1992, ch. 230,  1. 
 23-20.9-2. Legislative findings. (a) It has been determined that smoking is the leading cause of preventable death and disease in this country. More people die from cigarette smoking and related illnesses each year than die from alcohol, traffic accidents, cocaine and heroin, AIDS, murder, and suicide combined. Second hand tobacco smoke alone causes up to fifty-three thousand (53,000) deaths per year in non-smokers. As reported by the center for disease control, second hand smoke is the third leading cause of death in the United States today. Ninety percent (90%) of the people who smoke start by age nineteen (19), the average age being thirteen (13). Children exposed to tobacco smoke are at nearly twice the risk of being in poor or fair health as compared to children who are never exposed to tobacco smoke. Children exposed to tobacco smoke have an increased frequency of respiratory infections and decreased lung function. In Rhode Island, where the legal age to purchase tobacco products is eighteen (18), in 1988 the department of health reported the following smoking rates for Rhode Island students:            GRADE 7th 8th 9th 10th 11th 12th    _________________________________________      GIRLS 18% 22% 26% 27% 34% 35%   BOYS 13% 16% 22% 24% 24% 24%    (b) The tobacco industry sells one billion packs of cigarettes to underage children every year. Nationwide, three thousand (3,000) underage children take up smoking every day with more than half addicted by age fourteen (14). Schools and the state of Rhode Island have a moral responsibility to protect the health and welfare of children from the health hazards of tobacco.  History of Section.P.L. 1992, ch. 230,  1. 
 23-20.9-3. Legislative intent  Purpose. As tobacco now kills over four hundred and thirty-four thousand (434,000) people in the United States each year, it is the intent of this health legislation to eliminate the exposure of children attending school, and other persons working in schools, to the school-site health hazard of tobacco smoke and other tobacco product usage. It is the intent of this health legislation to protect the health and welfare of children in school by eliminating the exposure of children in school to the significant, life-threatening health hazard of tobacco smoke. It is the intent of this health legislation to create a tobacco-free school environment in Rhode Island.  History of Section.P.L. 1992, ch. 230,  1. 
 23-20.9-4. Definitions. As used in this chapter: (1) Electronic nicotine-delivery system usage means any vaping, inhaling, or use of any device defined in  11-9-13.4.  (2) Governing body means the body, board, committee or individual, or its designated agent(s) or designee(s), responsible for, or who or that has control over, the administration of any elementary or secondary school, public or private, in the state.  (3) Person means any person or persons including but not limited to contract or other workers on school property, school students, school administrators, school employees, school faculty, and school visitors.  (4) School or schools means any nonresidential school building, public or private, of any city or town or community educational system regulated, directly or secondarily, by the council on elementary and secondary education or the department of elementary and secondary education or any other state education board or local city or town school board or school committee or other legal educational subdivision acting under it. As used in this chapter, the term school or schools includes, but is not limited to: school playgrounds; school administration buildings; indoor school athletic facilities; school gymnasiums; school locker rooms; school buses; other school vehicles; other school buildings whose use is not primarily residential; and outside areas within twenty-five feet (25) of any school building.  (5) Tobacco product usage means the smoking or use of any substance or item that contains tobacco, including, but not limited to: cigarettes, cigars, pipes, or other smoking tobacco, or the use of snuff or smokeless tobacco, or having in ones possession a lighted cigarette, cigar, pipe, or other substance or item containing tobacco.  History of Section.P.L. 1992, ch. 230,  1; P.L. 2017, ch. 409,  3; P.L. 2017, ch. 426,  3. 
 23-20.9-5. Regulation of smoking in schools. (a) The governing body of each school in Rhode Island shall be responsible for the development of enforcement procedures to prohibit tobacco product usage and electronic nicotine-delivery system usage by any person utilizing school facilities. All facilities used by a school, whether owned, leased, or rented, shall be subject to the provisions of this chapter. Enforcement procedures shall be promulgated and conspicuously posted in each building.  (b) This chapter shall not modify, or be used as a basis for modifying, school policies or regulations in effect prior to the passage of this chapter if the existing policies or regulations prohibit tobacco product usage and electronic nicotine-delivery system usage in the school.  (c) All school areas where tobacco product usage is prohibited shall be clearly marked with nonsmoking area signs with bold block lettering at least three inches (3) high stating Tobacco-Free School  Tobacco Use Prohibited. All school areas where electronic nicotine-delivery system usage is prohibited shall be clearly marked with nonsmoking area signs with bold block lettering at least three inches (3) high stating E-Cigarettes and Vapor Devices Prohibited. There shall be at least one nonsmoking area sign, in conformance with the above, at every building entrance and in other areas as designated by the governing body. Signs shall also be posted in every school bus and every school vehicle. Signs as detailed above shall be provided, without charge, by the department of health.  History of Section.P.L. 1992, ch. 230,  1; P.L. 2001, ch. 86,  6; P.L. 2017, ch. 409,  3; P.L. 2017, ch. 426,  3. 
 23-20.9-6. Repealed.
 23-20.9-7. Non-smoking program  Employees. The governing body of each school in Rhode Island shall devise and implement a plan to provide smoking cessation programs for all employees who smoke and work with its jurisdiction. The programs shall be implemented at a central location within the geographic area under the jurisdiction of the governing body. Information on the programs shall be delineated and conspicuously posted in each building in the school. Any fees for smoking cessation programs may be borne on a shared cost basis by the employee, the employer, and where applicable, the employees union. The responsibility of the governing body of each school to implement smoking cessation programs shall end on September 1, 1994.  History of Section.P.L. 1992, ch. 230,  1; P.L. 2001, ch. 86,  6. 
 23-20.9-8. Penalties and enforcement. (a) The Rhode Island department of health, having received a written and signed letter of complaint from a person, whose identity shall remain confidential, citing a schools violation of this chapter, shall enforce this entire chapter against violations by the following actions:  (1) Serving written notice to comply to the governing body of the school, with a copy of the notice to the complaining citizens, requiring the governing body of the school to correct within ten (10) days any violation of any section of this chapter.  (2) Upon receiving a second complaint at the department of health for the same or continued violation in the same school, the complaint shall be resolved by calling upon the attorney general for the state to maintain within forty-five (45) days an action for injunction to enforce the provisions of this chapter to cause the correction of this violation, and for assessment and recovery of a civil penalty for this violation.  (b) The governing body of a school who violates or allows the violation of this chapter shall be liable for a civil penalty, not less than fifty dollars ($50.00) nor to exceed five hundred dollars ($500). This penalty shall be assessed and recovered in a civil action brought by the attorney general in any court of competent jurisdiction. Each day the violation is committed or permitted to continue by a governing body shall constitute a separate offense and shall be punishable as-such. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the general treasurer and added to the general fund.  (c) In undertaking the enforcement of this chapter, the state is assuming an undertaking only to promote the general health and welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that a breach proximately caused injury.  History of Section.P.L. 1992, ch. 230,  1. 
 23-20.9-9. Clinical use of tobacco products. The prohibitions of this chapter shall not apply to the use of a tobacco product if used as part of a limited classroom demonstration to show the health hazards of tobacco.  History of Section.P.L. 1992, ch. 230,  1. 
 23-20-1  23-20-4. Repealed.
 23-21.1-1. Definitions. For the purposes of this chapter, the following definitions apply: (1) Bathing beach shall mean any area or tract of land, which is used in connection with swimming and/or bathing in any waters of the state except that land contiguous to the Atlantic Ocean provided:  (i) It is open to the public with or without permit and/or payment of a fee;  (ii) It is maintained as a private club or association requiring membership fees or dues; or  (iii) It is maintained with or without charge for the recreation of groups of ten (10) or more children.  (2) Bathing water shall mean fresh, salt, or estuarine water adjacent to any bathing beach within the state, except the Atlantic Ocean.  (3) Department shall mean the Rhode Island Department of Health.  (4) Director shall mean the director of health or his or her duly appointed agents.  History of Section.P.L. 2004, ch. 352,  1; P.L. 2008, ch. 475,  65. 
 23-21.1-2. Licensing. No person shall maintain within this state any bathing beach until that person shall have obtained a license therefore from the department to operate a recreational facility consistent with chapter 21 of this title.  History of Section.P.L. 2004, ch. 352,  1. 
 23-21.1-3. Enforcement. The department shall enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and 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.  History of Section.P.L. 2004, ch. 352,  1. 
 23-21.1-4. Obstruction of access to premises. No person shall interfere with or obstruct the entrance of the director to any structure, vessel, vehicle, or other premises or use in the discharge of the directors official duties in connection with the enforcement of this chapter or the regulations adopted in accordance therewith.  History of Section.P.L. 2004, ch. 352,  1. 
 23-21.1-5. Rules and regulations. The department is hereby authorized and empowered to adopt and prescribe rules and regulations and from time to time amend, change, and/or repeal such rules and regulations and make such orders and perform such actions as are necessary to carry out the provisions of this chapter.  History of Section.P.L. 2004, ch. 352,  1. 
 23-21.1-6. Standards. (a) The department shall adopt minimum sanitation standards for pathogens and/or pathogen indicators present in the bathing water, consistent with  23-1-17 and 23-1-18, in order to protect the public from illnesses associated with swimming in contaminated bathing waters. This may include standards for:  (b) Pathogens and/or pathogen indicators including, but not limited to, total coliform, fecal coliform, and enterococci.  History of Section.P.L. 2004, ch. 352,  1. 
 23-21.1-7. Bathing water monitoring/management. To minimize the human health risk associated with swimming in contaminated bathing waters; the department shall require all bathing beach operators to test bathing waters adjacent to their bathing beach for pathogens and/or pathogen indicators established under this chapter and authorized regulations, to ensure those waters meet minimum sanitation standards for water quality at bathing beaches. Furthermore, the department shall incorporate the following minimum provisions:  (1) The owner of a bathing beach shall be required to pay for the costs of sampling, analysis and monitoring of bathing waters adjacent to such facilities at a laboratory approved by the department. Said laboratory shall immediately notify by fax or email the department and the beach owner of all bathing water sample results.  (2) The department shall determine at which sites to conduct testing and the number of samples required to be taken at bathing beaches. The bathing beach sampler shall record site conditions at the time of sampling, as required by the department, such as number of bathers and waterfowl and other conditions that may affect bathing water quality. The department shall consider, but shall not be limited to, the following factors in determining at which site to conduct testing and monitoring of bathing water:  (i) Prior testing results for such bathing waters;  (ii) The length of coastline to be tested and monitored;  (iii) The number of people who use the bathing beach annually; and  (iv) Whether the beach is located adjacent to a storm water drain; sewage, industrial, commercial or agricultural wastewater discharge; or other source of contamination such as marinas or waterfowl.  (3) The department shall determine at what frequency to conduct sampling, analysis, and monitoring of bathing waters. Sampling, analysis, and monitoring shall begin two (2) weeks prior to the bathing season for each bathing beach and continue until the bathing beach closes for the season. Sampling, analysis, and monitoring shall be conducted on a minimum weekly basis during the bathing season, and at such times and under such conditions as shall be sufficient to protect public health and safety. The department may grant a variance from the weekly testing requirement for a bathing beach only where there is a documented history of satisfactory sample results and no known sources of pollution that may jeopardize public health.  (4) Each bathing beach operator shall be responsible for operating the beach in a manner designed to protect public health and safety. Feeding of waterfowl at the beach shall be prohibited and the beach shall be left clean at night in order to not attract waterfowl and other animals.  History of Section.P.L. 2004, ch. 352,  1. 
 23-21.1-8. Beach closings/openings. The department shall order closed, any bathing beach where it is established that the following or other conditions pose an imminent threat to public health. The bathing beach shall remain closed until the department determines the bathing water no longer poses an unacceptable risk to public health or safety. A bathing beach may be closed for, but not limited to, the following:  (1) A violation of minimum water quality standards at a designated bathing beach;  (2) The presence of sewage sludge deposits or solid refuse;  (3) Floating solid, grease or scum wastes; or  (4) Oil or other hazardous material.  History of Section.P.L. 2004, ch. 352,  1. 
 23-21.1-9. Exemptions. Beaches that do not meet standards for licensure are exempt from the requirements of this chapter. Exempt beaches include rights of way, public access points, and beaches for which there is no charge for use with a daily user population of fewer than fifty (50) bathers. Beaches currently licensed are not exempt from these requirements.  History of Section.P.L. 2004, ch. 352,  1. 
 23-21-1. Definitions. As used in this chapter, the following terms shall, where the context permits, be construed as follows:  (1) Department means the department of health.  (2) Director means the director of health or his or her duly appointed agents.  (3) Person means any individual, firm, copartnership, association, or private or municipal corporation.  (4) Recreation facility or use includes, but is not limited to, hotels, motels, motor courts or inns, tourist cabin establishments, camping areas, amusement places, bathing beaches, mobile recreational vehicle facilities, and parks.  History of Section.P.L. 1931, ch. 1749,  2; G.L. 1938, ch. 266,  2; G.L. 1938, ch. 266,  1; P.L. 1950, ch. 2543,  1; P.L. 1952, ch. 3016,  1; G.L. 1956,  23-21-1; P.L. 1962, ch. 95,  1; P.L. 1978, ch. 348,  1; P.L. 1982, ch. 81,  1. 
 23-21-2. License required  Issuance and expiration of license. No person shall maintain within this state any recreation facility or use until that person shall have obtained a license for a facility or use from the department. The director, upon receipt of an application for a recreation facility or use shall cause the facility or use to be inspected and, if the facility or use is found to comply with the provisions of this chapter and the regulations adopted in accordance with the provisions of this chapter, shall issue a license upon receipt of a fee as set forth in  23-1-54. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the license renewal date shall be set by the department of health. The license period shall be for twelve (12) months, commencing on the license renewal date, unless sooner suspended or revoked for violation of the provisions of this chapter or the regulations adopted in accordance with this chapter, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date.  History of Section.P.L. 1931, ch. 1749,  3; G.L. 1938, ch. 266,  3; G.L. 1938, ch. 266,  2; P.L. 1950, ch. 2543,  1; G.L. 1956,  23-21-2; P.L. 1960, ch. 76,  22; P.L. 1978, ch. 348,  1; P.L. 1990, ch. 65, art. 71,  1; P.L. 1993, ch. 94,  1; P.L. 2001, ch. 77, art. 15,  8; P.L. 2007, ch. 73, art. 39,  42; P.L. 2012, ch. 241, art. 9,  45. 
 23-21-3. Suspension or revocation of license. The director may suspend or revoke any license for violation of the provisions of this chapter or the regulations pursuant to this chapter. All action pursuant to this section shall be in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42.  History of Section.P.L. 1931, ch. 1749,  4; G.L. 1938, ch. 266,  4; G.L. 1938, ch. 266,  3; P.L. 1950, ch. 2543,  1; G.L. 1956,  23-21-3; P.L. 1978, ch. 348,  1; P.L. 1982, ch. 81,  1. 
 23-21-4.1. Provisions for water. The director shall require quality water and adequate water pressure to each mobile home located on a mobile home site and to each trailer located at a trailer park in the state; however, the provisions of this section shall not apply to campgrounds or wilderness that are used on a seasonal basis only.  History of Section.P.L. 1984, ch. 192,  1. 
 23-21-4. Regulations. The director may adopt any regulations relating to environmental sanitation and food service in recreational facilities or uses as he or she may deem necessary; provided, that in the case of all recreational facilities or uses subject to this chapter, the departments authority shall be limited to environmental sanitation and food service.  History of Section.G.L. 1938, ch. 266,  4; P.L. 1950, ch. 2543,  1; G.L. 1956,  23-21-4; P.L. 1978, ch. 348,  1; P.L. 1982, ch. 81,  1. 
 23-21-5. Enforcement. 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.  History of Section.P.L. 1935, ch. 2250,  110; G.L. 1938, ch. 266,  7; G.L. 1938, ch. 266,  5; P.L. 1950, ch. 2543,  1; G.L. 1956,  23-21-5; P.L. 1978, ch. 348,  1. 
 23-21-6. Obstruction of access to premises. No person shall interfere with or obstruct the entrance of the director to any structure, vessel, vehicle, or other premises or use in the discharge of the directors official duties in connection with the enforcement of this chapter or the regulations adopted in accordance with this chapter.  History of Section.P.L. 1931, ch. 1749,  4; G.L. 1938, ch. 266,  4; G.L. 1938, ch. 266,  6; P.L. 1950, ch. 2543,  1; G.L. 1956,  23-21-6; P.L. 1978, ch. 348,  1. 
 23-21-7. Places exempt from chapter. The provisions of this chapter shall not apply to any recreation facility and/or use maintained by an individual for the sole use of the individuals immediate family and private guests, or to any campground used by any of the military forces of the state or of the United States, or to any swimming pool licensed under the authority of chapter 22 of this title. No license fee shall be required by the department of health for any facility, owned and operated by the state, by any municipality, or by any nonprofit organization.  History of Section.P.L. 1931, ch. 1749,  5; G.L. 1938, ch. 266,  5; G.L. 1938, ch. 266,  7; P.L. 1950, ch. 2543,  1; G.L. 1956,  23-21-7; P.L. 1978, ch. 348,  1. 
 23-21-8. Penalties for violations. Any person who shall be guilty of violating any of the provisions of this chapter or the regulations adopted in accordance with this chapter may for the first offense be punished by a fine not exceeding one hundred dollars ($100) or be imprisoned for a term not exceeding three (3) months; for the second offense may be punished by a fine not exceeding two hundred dollars ($200) or be imprisoned for a term not exceeding six (6) months; and for a third or subsequent offense may be punished by a fine not exceeding five hundred dollars ($500) or be imprisoned for a term not exceeding one year or by both this fine and imprisonment, or have its license suspended or revoked.  History of Section.P.L. 1931, ch. 1749,  4; G.L. 1938, ch. 266,  4; G.L. 1938, ch. 266,  8; P.L. 1950, ch. 2543,  1; G.L. 1956,  23-21-8; P.L. 1978, ch. 348,  1. 
 23-22.5-1. Rules, regulations, and orders  Facilities to which applicable. (a) The department of environmental management is authorized and empowered to adopt and prescribe rules of procedure and regulations and to amend, change, and/or repeal these rules and regulations and make any orders and perform any actions that it may deem necessary to the proper administration and supervision of drowning prevention, lifesaving, first aid, and safety personnel and equipment of all camps, camp grounds, bathhouses, bathing resorts, beachside motels or boarding houses, beachside parking areas, swimming pools, other beach and swimming areas, surfing areas, amusement parks, and skiing areas that serve all and/or any part of the general public by fee, membership, or invitation. The provisions of this chapter shall not apply to facilities maintained by a person without charge or assessment to the general public and that are for the sole use of his or her family, private guests, or tenants.  (b) The department shall charge an annual fee of ten dollars ($10.00) for lifeguard certification required by the rules and regulations.  History of Section.P.L. 1939, ch. 660,  111; P.L. 1954, ch. 3343,  1; G.L. 1956,  23-23-1; P.L. 1967, ch. 166,  1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-22.5-1; P.L. 1983, ch. 303,  1; P.L. 1992, ch. 133, art. 18,  1; P.L. 2019, ch. 308, art. 2,  7. 
 23-22.5-10. Control of surfboard activities. The director of the department of environmental management or a person designated by him or her and acting in his or her behalf is authorized to designate certain water areas within the state where surfboarding shall be prohibited and to make any rules and regulations that shall be necessary to control surfing and surfboard activities within the territorial water areas of this state. Any person violating any of the rules or regulations made by the director of the department of environmental management pursuant to the authority granted in this section shall, upon conviction, be fined not more than one hundred dollars ($100) for each offense.  History of Section.P.L. 1967, ch. 194,  1; G.L. 1956,  23-23-10; P.L. 1979, ch. 39,  1. 
 23-22.5-11. City and town responsibility for bathing areas. All cities and towns that own or maintain public beaches and swimming areas shall be fully responsible for the upkeep and maintenance of that beach or swimming area, and for the upkeep and maintenance of all toilet facilities at these areas, and are required to furnish qualified personnel to serve as lifeguards during the swimming season. The department of environmental management shall have jurisdiction to enforce the provisions of this section and to order those cities and towns to comply with any department directive regarding those facilities.  History of Section.P.L. 1970, ch. 178,  1; G.L. 1956,  23-23-11; P.L. 1979, ch. 39,  1. 
 23-22.5-12. Lifesaving buoy required in police vehicles. All state and local police vehicles at all times shall maintain in the trunk area of those vehicles a lifesaving buoy and a minimum of one hundred fifty feet (150) of rope.  History of Section.P.L. 1972, ch. 53,  1; G.L. 1956,  23-23-12; P.L. 1979, ch. 39,  1. 
 23-22.5-13. Lifeguards  Sun protection. Any facility subject to the provisions of this chapter which employs a lifeguard shall maintain and provide an area which is not exposed to sunlight and shall provide sunscreen or other physical protection to insure against overexposure to the sun.  History of Section.P.L. 1992, ch. 495,  1. 
 23-22.5-14. Lifesaving equipment required at all lakes and ponds. (1) All cities and towns shall supply and maintain one hundred and fifty feet (150) of rope and a lifesaving buoy at ponds and lakes located within their respective boundaries during the designated periods of time which swimming, boating or other recreational activities are authorized by the city or town to take place.  (2) The chief of the municipal fire department or his or her designee of the city or town where the lake or pond is located shall be responsible for determining the sites where the safety equipment is needed.  (3) The provisions of this section shall not apply to any public beaches or swimming areas owned and/or maintained by the state.  History of Section.P.L. 1997, ch. 259,  1. 
 23-22.5-2. Enforcement. It shall be the duty of the director of environmental management to enforce the provisions of this chapter and the regulations and orders adopted in accordance with this chapter to prosecute all persons guilty of any violation of this chapter.  History of Section.P.L. 1939, ch. 660,  112; P.L. 1954, ch. 3343,  1; G.L. 1956,  23-23-2; P.L. 1979, ch. 39,  1. 
 23-22.5-3. Obstruction of entrance to premises. No person shall interfere with or obstruct the entrance of the director of environmental management or his or her designated representative to any structure or any premise in the discharge of his or her official duties in connection with the enforcement of this chapter or the regulations and orders adopted in accordance with this chapter.  History of Section.P.L. 1939, ch. 660,  113; P.L. 1954, ch. 3343,  1; G.L. 1956,  23-23-3; P.L. 1979, ch. 39,  1. 
 23-22.5-4. Penalty for violations. Any person who violates any rule, regulation, or order of the department of environmental management relating to drowning prevention, lifesaving, first aid and safety personnel and equipment at any camp, camp ground, bathhouse, bathing resort, beachside hotel or boarding house, beachside parking area, swimming pool, other beach and swimming area, surfing areas, amusement park, and skiing area serving the general public by fee, membership, or invitation shall be guilty of a misdemeanor and for each offense shall be punished by a fine of not more than five hundred dollars ($500).  History of Section.P.L. 1939, ch. 660,  114; P.L. 1954, ch. 3343,  1; G.L. 1956,  23-23-4; P.L. 1967, ch. 166,  1; P.L. 1979, ch. 39,  1. 
 23-22.5-5. Orders to cease operating  Relief in equity. (a) When the director of environmental management or any of his or her duly authorized agents deems it necessary in the interest of public safety to cause any of the facilities mentioned in  23-22.5-4 to cease operating, he or she may do so by serving written notice upon the owner or manager of these facilities; provided, that before that notice is given, the owner or manager shall have been given an opportunity to show cause why the business should not cease operating. Written notice to cease operating the business shall remain in effect until the director of environmental management or any of his or her duly authorized agents serves further notice permitting the resumption of operation of that business. The director of environmental management may obtain relief in a court of equity whenever that relief shall be necessary in the proper performance of his or her duty under this chapter.  (b) Notwithstanding any situation referred to in subsection (a), whenever the director or any of his or her duly authorized agents determines that an emergency situation exists which poses an imminent threat to public health or safety, he or she may issue an order mandating the immediate closure of the facility. The owner or manager of the facility shall be afforded an opportunity to be heard within ten (10) days of the order to show cause why the facility should be allowed to reopen.  (c) The director may obtain relief in a court of equity when that relief shall be necessary in the proper performance of his or her duty under this chapter.  History of Section.P.L. 1939, ch. 660,  115; P.L. 1954, ch. 3343,  1; G.L. 1956,  23-23-5; P.L. 1979, ch. 39,  1; P.L. 1980, ch. 68,  1; P.L. 2001, ch. 86,  83. 
 23-22.5-6. Recreational safety council  Appeals  Composition of council. Any party aggrieved as a result of any rule, regulation, or order of the department of environmental management shall have the right of appeal to the recreational safety council created in this section. The council shall consist of five (5) members, one of whom shall be the director of the state department of environmental management, ex officio, who shall serve as chairperson; one of whom shall be the director of the state department of health or his or her designated representative, ex officio; and three (3) of whom shall be appointed by the governor, of whom one shall be manager of a public beach, camp, or amusement park other than a state operated beach, camp, or amusement park; one of whom shall be an owner or manager of a privately operated beach, camp, or amusement park and one of whom shall be a representative of the general public.  History of Section.P.L. 1939, ch. 660,  116; P.L. 1954, ch. 3343,  1; G.L. 1956,  23-23-6; P.L. 1979, ch. 39,  1. 
 23-22.5-7. Appointment of council members. In the month of February of each year, the governor shall appoint a member or members of the recreational safety council other than the representatives of the state to hold office until the first day of March in the third year after that appointment and until his, her, or their respective successor or successors are appointed and qualified to succeed the member or members whose term shall next expire.  History of Section.P.L. 1939, ch. 660,  116; P.L. 1954, ch. 3343,  1; G.L. 1956,  23-23-7; P.L. 1979, ch. 39,  1. 
 23-22.5-8. Filling of vacancies  Functions of council. Any vacancy which may occur in the recreational safety council shall be filled in the same manner by appointment by the governor for the remainder of the unexpired term. The council shall make suggestions to and shall advise the director of environmental management concerning the drowning prevention and lifesaving policies, rules, regulations, and orders of the department; provided, that the council shall have no administrative powers except in case of an appeal by an aggrieved party when its decision shall be final.  History of Section.P.L. 1939, ch. 660,  116; P.L. 1954, ch. 3343,  1; G.L. 1956,  23-23-8; P.L. 1979, ch. 39,  1. 
 23-22.5-9. Swimming in breachways prohibited. No person shall swim in the breachway of the Charlestown Pond, or in the breachway of Quonochontaug Pond, or in the breachway of Weekapaug Pond. Any person violating any of the provisions of this section shall be guilty of a civil violation and be subject to a fine, not to exceed fifty dollars ($50.00) for each offense. Jurisdiction over violations of this section shall be with the traffic tribunal. In accordance with chapter 17.10 of title 42, any person charged with violating any of the provisions of this section may elect to dispose of the charge without personally appearing before the traffic tribunal by mailing or delivering the form and summons to the traffic tribunal with a check or money order in the amount of fifty dollars ($50.00).  History of Section.P.L. 1962, ch. 68,  1; G.L. 1956,  23-23-9; P.L. 1979, ch. 39,  1; P.L. 2007, ch. 253,  6; P.L. 2007, ch. 294,  6. 
 23-22-1. Definitions. (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 individuals 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.  History of Section.P.L. 1928, ch. 1198,  1; G.L. 1938, ch. 267,  1; G.L. 1956,  23-22-1; P.L. 1962, ch. 11,  1; P.L. 1986, ch. 161,  1; P.L. 2008, ch. 475,  66. 
 23-22-10. Duplicate license  Displaying license after suspension or revocation. Whenever a license while still effective may become defaced or destroyed, the department of health shall, upon application, issue a duplicate license upon payment of a fee as set forth in  23-1-54 to the department. It shall be unlawful for any person to display or to keep displayed any license after the person has received notice of the suspension or revocation of the license.  History of Section.P.L. 1928, ch. 1198,  10; G.L. 1938, ch. 267,  10; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-10; P.L. 1982, ch. 80,  1; P.L. 2012, ch. 241, art. 9,  46. 
 23-22-11. Access and inspection powers. For the purpose of this chapter the director of health or his or her duly authorized agents or employees shall at all reasonable times have authority to enter upon any and all parts of the premises on which any swimming pool is located and of the premises appurtenant to it to make the inspection or to obtain samples of water for the analyses provided for in this chapter, or to make any examination or investigation for the purpose of determining whether the provisions of this chapter and any rules or regulations of the department are being violated or whether the condition and method of maintenance of any swimming pool will be detrimental to the health and safety of its users.  History of Section.P.L. 1928, ch. 1198,  11; G.L. 1938, ch. 267,  11; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-11; P.L. 1962, ch. 11,  3; P.L. 1982, ch. 80,  1; P.L. 1986, ch. 161,  1. 
 23-22-12. Penalty for violations. Any person, other than a city or town, whether as principal, agent, employer, or employee, who violates any of the provisions of this chapter, or any of the rules and regulations made by the department of health pursuant to this chapter, shall be punished by a fine of not more than fifty dollars ($50.00) for each offense, and each day that any violation occurs shall constitute a separate and distinct offense.  History of Section.P.L. 1928, ch. 1198,  12; G.L. 1938, ch. 267,  12; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-12. 
 23-22-13. Appropriations and disbursements. The general assembly shall annually appropriate any sums that it may deem necessary, to be expended by the department of health for the purposes of this chapter, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of these sums upon receipt by him or her of proper vouchers approved by the director of health.  History of Section.P.L. 1928, ch. 1198,  13; G.L. 1938, ch. 267,  13; impl. am. P.L. 1939, ch. 660,  65, 180; G.L. 1956,  23-22-13. 
 23-22-14. Enforcement. In order to enforce the provisions of this chapter, the director of health shall have the power to obtain relief in equity or by prerogative writ.  History of Section.P.L. 1962, ch. 11,  4. 
 23-22-15. Condominium pools  Life guards. Notwithstanding any general or public law to the contrary, condominium projects with forty-five (45) units or less are not required to have a life guard on duty at any swimming pool located on the premises. Provided, that where there is no life guard required to be on the premises, no minor shall be permitted access to any swimming pool on the premises unless accompanied by a parent or other responsible adult.  History of Section.P.L. 1982, ch. 440,  1. 
 23-22-2. Rules and regulations. The department of health shall make any rules and regulations, not inconsistent with this chapter, that it may deem advisable with reference to the design, equipment, condition, and maintenance of swimming pools for the purpose of insuring the health and safety of its users, and with reference to the submission of samples of water to the department for the purpose of the analysis as required in this chapter. The department may also make any rules and regulations, not inconsistent with this chapter, as it may deem advisable, requiring and regulating the display of the licenses provided for in  23-22-7, and as to any and all matters pertaining to the administration of this chapter, and may from time to time rescind, modify, and amend the rules and regulations made by it pursuant to this section. The department shall upon request furnish to any person owning or maintaining a swimming pool or applying for a license to maintain a swimming pool a copy of the rules and regulations made by it pursuant to this section.  History of Section.P.L. 1928, ch. 1198,  2; G.L. 1938, ch. 267,  2; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-2; P.L. 1962, ch. 11,  1; P.L. 1982, ch. 80,  1; P.L. 1986, ch. 161,  1. 
 23-22-3. Periodic inspection of pools. The department of health shall at least once each year, and at shorter intervals as it may deem advisable, cause inspections to be made to ascertain whether each swimming pool is being maintained in compliance with the rules and regulations of the department of health. First inspections of swimming pools open for use shall be made within thirty (30) days after the receipt of an application for a license for that swimming pool.  History of Section.P.L. 1928, ch. 1198,  3; G.L. 1938, ch. 267,  3; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-3; P.L. 2001, ch. 86,  8. 
 23-22-4. Chemical and bacteriological analyses of water. 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.  History of Section.P.L. 1928, ch. 1198,  4; G.L. 1938, ch. 267,  4; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-4; P.L. 1962, ch. 11,  1; P.L. 1982, ch. 80,  1; P.L. 1986, ch. 161,  1. 
 23-22-5. Advice as to sanitary methods. The department of health shall from time to time advise each person maintaining a swimming pool as to the best methods for maintaining the proper sanitary conditions in the swimming pool.  History of Section.P.L. 1928, ch. 1198,  5; G.L. 1938, ch. 267,  5; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-5. 
 23-22-6. License required  Term of license  Application  Fee. (a) No person shall maintain within this state a swimming pool until that person shall have obtained the appropriate license from the department. Licenses shall be of two (2) types, year-round or seasonal. The director, upon receipt of an application for a license to operate a swimming pool, shall cause that swimming pool to be inspected and if the swimming pool is found to comply with the provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue a license upon receipt of a fee for a year-round license, for the first pool at one location and an additional fee for each additional pool at the same location. The director shall issue a license upon receipt of a fee for a seasonal license for the first pool at one location and an additional fee for each additional pool at the same location. Seasonal licenses shall begin no sooner than June 1, and expire on September 30 of the year issued and year-round licenses shall expire on December 31 of the year issued, unless sooner revoked for violation of the provisions of this chapter or of the regulations adopted in accordance with this chapter. Provided, however, every organization which provides recreational facilities for persons under the age of eighteen (18) years and which is exempt from income taxes pursuant to the provisions of 26 U.S.C.  501(c)(3), and which maintains a swimming pool shall pay a fee for a year-round license. All fees required by this section shall be as set forth in  23-1-54. The provisions of this chapter shall not apply to any swimming pool maintained by the state.  (b) No lifeguard shall be required for any pool licensed in this chapter; provided, a lifeguard shall be on duty if the pool is used by a swim club or a group of unsupervised children who may have access to the pool. Operators of pools shall, when no lifeguard is on duty:  (1) Require an attendant and/or a mechanical system to limit access to guests and members only;  (2) Require a person trained in first aid to be physically located in close proximity to the pool in question;  (3) Require the following signs to be posted in a conspicuous place:  (i) NO LIFEGUARD ON DUTY  SWIM AT YOUR OWN RISK (minimum 4 letters in RED)  (ii) NO ONE UNDER 18 PERMITTED UNLESS ACCOMPANIED BY AN ADULT  (iii) ADULTS SHOULD NOT SWIM ALONE  (iv) A SCHEDULE OF POOL HOURS  (v) NO GLASS IN POOL AREA  (vi) NO RUNNING OR ROUGH HOUSING  (vii) NO DIVING  (viii) NO ANIMALS OR PETS  (4) Require, in the case of outdoor pools, in addition to the above requirements, a fence with a lockable gate or door, a minimum of not less than six feet (6) in height, which completely surrounds the pool area.  History of Section.P.L. 1928, ch. 1198,  6; G.L. 1938, ch. 267,  6; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-6; P.L. 1960, ch. 76,  23; P.L. 1962, ch. 11,  2; P.L. 1990, ch. 65, art. 56,  1; P.L. 1991, ch. 91,  1; P.L. 1992, ch. 395,  1; P.L. 2012, ch. 241, art. 9,  46. 
 23-22-7. Issuance or denial of license. Upon the application for a license to maintain a swimming pool, the department of health shall, within thirty (30) days from the time that the application is made, grant the application and issue a license to maintain a swimming pool if the department shall be satisfied that its rules and regulations relating to the condition, maintenance, and water of a swimming pool are complied with by the applicant, and the condition and method of maintaining the swimming pool will not be detrimental to the health and safety of its users, otherwise the department shall decline to issue a license until it is satisfied with the condition, maintenance, and water of the swimming pool. In case the department shall decline to issue a license, it shall, upon the written request of the applicant, make a further inspection of the swimming pool maintained by the applicant and upon the applicants written request shall also make a further analysis of the water of the swimming pool. If after further inspection and further analysis the department shall determine that the applicant is still not entitled to a license, it shall, before finally refusing to issue the license, give the applicant an opportunity to be heard in support of the application.  History of Section.P.L. 1928, ch. 1198,  7; G.L. 1938, ch. 267,  7; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-7; P.L. 1962, ch. 11,  3; P.L. 1982, ch. 80,  1; P.L. 1986, ch. 161,  1. 
 23-22-8. Suspension and revocation of license. Whenever the department of health shall have reason to believe that any swimming pool, licensed as provided in  23-22-7, is being maintained in violation of the rules and regulations of the department, or whenever the department has reason to believe that the condition and method of maintenance of any such swimming pool will be detrimental to the health and safety of its users, the department may, pending an investigation and hearing, suspend for a period not exceeding thirty (30) days any license issued under authority of this chapter and the department may, after due notice and hearing, revoke any license if it finds that the swimming pool is being maintained in violation of the rules and regulations of the department, or if the department shall be satisfied that the condition and method of maintenance of the pool will be detrimental to the health and safety of its users. The holder of a license shall upon its revocation promptly surrender it to the department.  History of Section.P.L. 1928, ch. 1198,  8; G.L. 1938, ch. 267,  8; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-8; P.L. 1962, ch. 11,  3; P.L. 1982, ch. 80,  1; P.L. 1986, ch. 161,  1. 
 23-22-9. Judicial review of license action. Any person aggrieved by a decision of the department of health refusing to grant an application for a license to maintain a swimming pool, or suspending or revoking a license already issued may, within thirty (30) days, exclusive of Sundays and holidays, after receiving notice of the decision, appeal the decision to the superior court for the counties of Providence and Bristol, by filing in the court his or her reasons of appeal, and the court shall, as soon as possible after notice to the department as the court may prescribe, hear and determine the appeal, following the course of equity.  History of Section.P.L. 1928,  9; G.L. 1938, ch 267,  9; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-22-9. 
 23-23.1-1. Short title. This chapter shall be known and may be cited as the Air Pollution Episode Control Act.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-1; P.L. 1979, ch. 39,  1. 
 23-23.1-10. Hearings. Any aggrieved person, firm, or corporation or other entity upon application to the director shall be granted a public hearing on the question of whether or not the continuance of any order in whole or in part is unreasonable in the light of the then prevailing conditions of air pollution, the contribution to the air pollution of any particular activity, and the purposes of this chapter. The public hearing shall be conducted as quickly as possible by the director who shall give public notice of it. The director shall have the power to compel attendance, testimony, and the production of documents by the use of subpoena powers. The number of witnesses and the extent of testimony shall be within his or her control. If the director, upon conclusion of the hearing, determines that the order should be terminated, or modified in any way, he or she shall report the findings and recommendations to the governor for any action that he or she deems appropriate.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-10; P.L. 1979, ch. 39,  1. 
 23-23.1-11. Promulgation of standby orders. The director shall promulgate a set of proposed standby orders which might be appropriate for use by the governor upon declaration of the episode contemplated by this chapter. The standby control proposals, when approved by the governor, shall be distributed to the appropriate agencies and to all commercial and industrial concerns throughout this state concerned with enforcement or impact of this chapter and notice of their contents shall be given to the public. The director shall promulgate arrangements for the enforcement of the standby orders and, upon approval by the governor, notice of the arrangements shall also be distributed to the authorities, commercial and industrial concerns, and to the general public. The proposed standby orders and arrangements shall not, however, become operative except when directed by the governor in any order issued by him or her pursuant to a declaration of episode under this chapter.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-11; P.L. 1979, ch. 39,  1. 
 23-23.1-2. Declaration of policy. The legislature finds and declares that air pollution may, at certain times and in certain places, so seriously affect the health, safety, and welfare of the people and resources of this state and so directly threaten the lives of large portions of the population as to warrant the provision of emergency powers as provided for in this chapter to prevent or minimize disasters of unforeseeable proportions.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-2; P.L. 1979, ch. 39,  1. 
 23-23.1-3. Definitions. As used in this chapter, the following terms shall, where context permits, be construed as follows:  (1) Air contaminant means soot, cinders, ashes, any dust, fumes, gas, mist, smoke, vapor, odor, toxic, or radioactive material, particulate matter, or any combination of these.  (2) Air pollution means presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities, which either alone or in connection with other emissions, by reason of their concentration and duration may be injurious to human, plant or animal life, or cause damage to property or which unreasonably interfere with the enjoyment of life and property.  (3) Air pollution episode means the condition of an air pollution alert, an air pollution warning, or an air pollution emergency, and these conditions shall be deemed to exist whenever the director of environmental management determines that the accumulation of air contaminants in any area or place in the state is attaining or has attained levels which could, if those levels are sustained or exceeded, lead to a threat to the health of the public.  (4) Area means not only that portion or portions of the state as shall be described in the air pollution episode declaration of the governor, but also to any other portion or portions of the state where activities are carried on which contribute or may contribute to the air pollution episode in the portion or portions of the state described in the governors declaration.  (5) Director means the director of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.  (6) Person means any individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation), partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency, or any subdivision, commission, department, bureau, agency, or department of state or federal government (including quasi-government corporation), or any interstate body.  History of Section.P.L. 1971, ch. 137,  1; G.L. 1956,  23-25.1-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-23.1-3; P.L. 1980, ch. 24,  3. 
 23-23.1-4. Powers and duties of the director. 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 make, issue, and amend rules and regulations consistent with the provisions of this chapter.  (2) To require prior submission and approval of standby plans from persons responsible for the operation of a source of air contaminants. The standby plans shall be consistent with good industrial practice and safe operating procedure for reducing or eliminating emissions of air contaminants into the outdoor atmosphere and shall be put into effect upon the issuance of the appropriate order by the governor.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-4; P.L. 1979, ch. 39,  1. 
 23-23.1-5. Proclamation of episode and issuance of orders. If the director determines at any time that air pollution, in any place or area in the state, constitutes an unreasonable and emergency risk to the health of those present within that area of the state, that determination shall be communicated in writing, with the factual findings on which the determination is based, to the governor. Upon being so advised, the governor may by proclamation declare, as to all or any part of the area mentioned in the determination, that an air pollution episode exists, and upon making the declaration the governor shall have the following powers which he or she may exercise in whole or in part by the issuance of an order or orders:  (1) To prohibit, restrict, or condition motor vehicle travel of every kind, including trucks and buses, in the area;  (2) To prohibit, restrict, or condition the operation of retail, commercial, manufacturing, industrial, or similar activity in the area;  (3) To prohibit, restrict, or condition operation of incinerators in the area;  (4) To prohibit, restrict, or condition the burning or other consumption of any type of fuel in the area;  (5) To prohibit, restrict, or condition the burning of any materials in open fires in the area;  (6) To prohibit, restrict, or condition any and all other activity in the area which contributes or may contribute to the air pollution emergency.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-5; P.L. 1979, ch. 39,  1. 
 23-23.1-6. Publication of proclamation. The declaration by proclamation of the governor of an air pollution episode and any order issued by the governor pursuant to that declaration shall be given maximum publicity throughout the state.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-6; P.L. 1979, ch. 39,  1. 
 23-23.1-7. Amendment of orders. Any gubernatorial order may be amended or modified by further gubernatorial orders. That order or orders shall not require any judicial or other order or confirmation of any type in order to become immediately effective as the legal obligation of all persons, firms, corporations, and other entities within the state. The order shall remain in effect for the duration of time set forth in it, and if no time limit is specified in the order, it shall remain in effect until the governor declares by further proclamation that the emergency has terminated.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-7; P.L. 1979, ch. 39,  1. 
 23-23.1-8. Enforcement of orders. (a) The orders of the governor shall be enforced by the department of environmental management, the state council of defense, state and local police, and air pollution enforcement personnel forces. Those enforcing any governors order shall require no further authority or warrant in executing it than the issuance of the order itself. Those authorized to enforce those orders may use such reasonable force that is required in the enforcement of those orders, and may take such reasonable steps that are required to assure compliance with those orders including, but without limiting the generality of the previous statement, the following:  (1) Entering any property or establishment, commercial, industrial, or residential, believed to be violating the order (excepting single or double family homes or any dwelling unit within a multiple dwelling unit larger than a double family home) and, if a request does not produce compliance, causing compliance with the order;  (2) Stopping, detouring, rerouting, and prohibiting motor vehicle travel and traffic;  (3) Disconnecting incinerator or other types of combustion facilities;  (4) Terminating all burning activities;  (5) Closing down or restricting the use of any business, commercial, retail, manufacturing, industrial, or other establishment.  (b) Where any person authorized to enforce this order believes or suspects it is being violated in a single or double family residence or within the dwelling portion of a larger multiple dwelling unit, the residence or dwelling portion may be entered only upon obtaining a search warrant from any judge having power to issue one.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-8; P.L. 1979, ch. 39,  1. 
 23-23.1-9. Penalty for violations. Any person who violates any order of the governor or knowingly fails to comply with the directions of those authorized to enforce this chapter or knowingly interferes with the enforcement of the order or directions shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than ninety (90) days or by both fine and imprisonment, and every person shall be guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.  History of Section.P.L. 1971, ch. 137,  1: G.L. 1956,  23-25.1-9; P.L. 1979, ch. 39,  1. 
 23-23.5-1. Prohibition in cities and towns. When any building or premises in any city or town in this state is or are occupied or used for carrying on the business of slaughtering cattle, sheep, or other animals, or for a melting or rendering establishment, or for other noxious or offensive trades, occupations, or employments, the city or town council, after appointing a time and place for a hearing, and after giving notice of the hearing to all persons interested, by public advertisement or otherwise, and after the notice and hearing, if in its judgment the public welfare and convenience so require, may prohibit by its order or decree the exercise of the trade, occupation, or employment in that building and on those premises, indefinitely, or for any period of time that it shall find that the public welfare and convenience shall require.  History of Section.G.L. 1896, ch. 93,  1; G.L. 1909, ch. 109,  1; G.L. 1923, ch. 122,  1; G.L. 1938, ch. 600,  1; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-24-1; P.L. 1967, ch. 59,  1; P.L. 1979, ch. 39,  1. 
 23-23.5-10. Applicability of provisions to trades disturbing public welfare and convenience. The provisions of  23-23.5-6  23-23.5-9 shall extend to the place of any manufacture of, or of working in, any article or substance the manufacture of which shall disturb the public welfare and convenience; provided, that prior to any action of the city or town council under this section, public notice of the pendency of any petition for that action shall be given in any mode and for any time as the council shall prescribe.  History of Section.G.L. 1896, ch. 91,  19; G.L. 1909, ch. 107,  19; G.L. 1923, ch. 119,  19; G.L. 1938, ch. 601,  18; G.L. 1956,  23-24-10; P.L. 1967, ch. 59,  1; P.L. 1979, ch. 39,  1. 
 23-23.5-11. Penalty for carrying on business in place not authorized. Whenever the city or town council of any city or town shall have designated and established in the city or town a place in which the business of boiling bones, depositing filth, keeping swine, or slaughtering cattle or other animals, may be carried on, as provided in this chapter, every person who shall carry on that business in any other place shall be fined fifty dollars ($50.00) for each day on which he or she shall carry on that business.  History of Section.G.L. 1896, ch. 91,  12; G.L. 1909, ch. 107,  12; G.L. 1923, ch. 119,  12; G.L. 1938, ch. 601,  12; G.L. 1956,  23-24-11; P.L. 1979, ch. 39,  1. 
 23-23.5-12. Expressing oil from fish. No person shall carry on the business of expressing oil from fish within any city or town, except in a place as shall be designated by the city or town council; provided, that any city or town council may at any time withdraw that designation, and that no city or town shall be held liable for any injury resulting to any person from that business carried on in any place as designated, nor shall any city or town be liable to the person to whom the right has been granted for any loss or damage resulting from the suspension or withdrawal of the right to carry on that business by the city or town at any time. Every person violating the provisions of this section shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).  History of Section.G.L. 1896, ch. 91,  16, 17; G.L. 1909, ch. 107,  16, 17; G.L. 1923, ch. 119,  16, 17; G.L. 1938, ch. 601,  15, 16; G.L. 1956,  23-24-12; P.L. 1979, ch. 39,  1. 
 23-23.5-13. Suit to restrain unlawful trades. In addition to the remedies existing at common law and under this chapter, the city or town council of any city or town may bring suit to restrain the unauthorized occupancy or use of any building or premises which are occupied or used for any trades or occupation provided for by this chapter.  History of Section.G.L. 1896, ch. 91,  23; P.L. 1908, ch. 1524,  1; G.L. 1909, ch. 107,  23; G.L. 1923, ch. 119,  23; G.L. 1938, ch. 601,  22; G.L. 1956,  23-24-13; P.L. 1979, ch. 39,  1. 
 23-23.5-2. Enforcement of order of prohibition. A copy of the order or decree of prohibition under  23-23.5-1 shall be served by the city or town sergeant upon the occupant or person having charge of that building and premises where the trade, employment, or occupation is exercised. If the party upon whom the order is served, for twenty-four (24) hours after that service, refuses or neglects to obey the order or decree, the city or town council may take all necessary measures to prevent this exercise, and any person continuing to occupy or use the building and premises shall forfeit the sum of two hundred dollars ($200) for every month of the occupancy and use, and in the same proportion for a longer or shorter time, to be recovered by the city or town treasurer in an action of the case.  History of Section.G.L. 1896, ch. 93,  2; G.L. 1909, ch. 109,  2; G.L. 1923, ch. 122,  2; G.L. 1938, ch. 600,  2; G.L. 1956,  23-24-2; P.L. 1979, ch. 39,  1. 
 23-23.5-3. Appeal from order of prohibition  Jury trial. Any person aggrieved by the order or decree of the city or town council under  23-23.5-1 may, within three (3) days from the service upon him or her, appeal to the superior court for the county where the city or town is situated, by filing his or her reasons of appeal, together with an attested copy of the whole proceedings appealed from, in the clerks office of that court, and the court shall immediately hear the appeal; and either party to the proceedings may have a trial by jury of all questions of fact, by filing with the clerk of the court a demand for a trial by jury at least two (2) days before the day assigned for the hearing. In case of a jury demand, if the court shall not be in session for the purpose of jury trials, the clerk shall immediately issue a writ of venire facias directed to the sheriff of the county or his or her deputy, requiring him or her to summon twelve (12) jurors, being good and lawful citizens of the county, to try the issue; and if there shall not be a sufficient number of jurors attending in pursuance of the writ from which a jury may be impaneled, the court shall direct the issuing of other writs of venire facias to complete a jury. If any aggrieved person shall, by reason of accident, misfortune, or mistake, fail to appeal from this order or decree, and shall make it appear to the court that the failure was caused by accident or mistake, he or she may at any time within thirty (30) days from the service of the copy of the order or decree upon him or her appeal from the order or decree, and prosecute it with the same effect as if done within three (3) days.  History of Section.G.L. 1896, ch. 93,  3; C.P.A. 1905,  1115; G.L. 1909, ch. 109,  3; G.L. 1923, ch. 122,  3; G.L. 1938, ch. 600,  3; G.L. 1956,  23-24-3; P.L. 1979, ch. 39,  1. 
 23-23.5-4. Discontinuance of trade pending appeal. During the pendency of the appeal under  23-23.5-3 the trade, occupation, or employment shall not be exercised contrary to the order or decree; and upon any violation of the order or decree, the appeal shall immediately be dismissed.  History of Section.G.L. 1896, ch. 93,  4; G.L. 1909, ch. 109,  4; G.L. 1923, ch. 122,  4; G.L. 1938, ch. 600,  4; G.L. 1956,  23-24-4; P.L. 1979, ch. 39,  1. 
 23-23.5-5. Judgment of court  Costs and damages. The court, upon the trial of an appeal under  23-23.5-3, shall give judgment, agreeable to law and in accordance with the fact as found, that the order or decree be affirmed or annulled, or the court may alter or modify the order or decree, or upon a jury trial the jury may alter or modify the order or decree, and upon modification the verdict and judgment shall have the authority and effect of an original order from which no appeal had been taken. If the order or decree is affirmed, altered, or modified, the city or town shall recover its costs against the appellant; if it is annulled, damages by reason of obeying the order or decree of the city or town council may be recovered by the appellant against the city or town, in any court of competent jurisdiction, in a civil action.  History of Section.G.L. 1896, ch. 93,  5; C.P.A. 1905,  1230; G.L. 1909, ch. 109,  5; G.L. 1923, ch. 122,  5; G.L. 1938, ch. 600,  5; G.L. 1956,  23-24-5; P.L. 1979, ch. 39,  1. 
 23-23.5-6. City or town designation of place for slaughterhouse. The city or town councils of the several cities or towns may designate and establish the place or places where, subject to the provisions of chapter 27 of title 21, the business of slaughtering cattle and other animals shall be carried on, and vest in the occupant or owner a right to use and occupy that place, for the purposes of slaughtering cattle and other animals, until the right is withdrawn or suspended in the manner provided in  23-23.5-7, or until that use and occupancy is abated as a public nuisance.  History of Section.G.L. 1896, ch. 91,  8; G.L. 1909, ch. 107,  8; G.L. 1923, ch. 119,  8; G.L. 1938, ch. 601,  8; G.L. 1956,  23-24-6; P.L. 1979, ch. 39,  1. 
 23-23.5-7. Withdrawal by city or town of right to slaughter. Whenever, in the judgment of the city or town council of any city or town, the welfare and convenience of the city or town requires the withdrawal or suspension of the right of slaughtering provided for in  23-23.5-6, the city or town council may withdraw or suspend that right, first giving to the owner or occupant of the place or places two (2) months notice in writing of its intention to withdraw or suspend that right.  History of Section.G.L. 1896, ch. 91,  9; G.L. 1909, ch. 107,  9; G.L. 1923, ch. 119,  9; G.L. 1938, ch. 601,  9; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-24-7; P.L. 1967, ch. 59,  1; P.L. 1979, ch. 39,  1. 
 23-23.5-8. Penalty for continuation of business after notice to cease. Every person who shall, after notice given as provided in  23-23.5-7, commence or continue to carry on the business of slaughtering cattle or other animals in the place or places, shall be fined fifty dollars ($50.00) for every day during which he or she shall continue to carry on that business.  History of Section.G.L. 1896, ch. 91,  10; G.L. 1909, ch. 107,  10; G.L. 1923, ch. 119,  10; G.L. 1938, ch. 601,  10; G.L. 1956,  23-24-8; P.L. 1979, ch. 39,  1. 
 23-23.5-9. Liability of city or town for suspension or withdrawal of right. In case of suspension or withdrawal by any city or town council of the right to slaughter cattle or other animals, the city or town shall be liable to the person to whom the right has been granted for any loss or damage resulting from the suspension or withdrawal, to be recovered by action of the case.  History of Section.G.L. 1896, ch. 91,  11; G.L. 1909, ch. 107,  11; G.L. 1923, ch. 119,  11; G.L. 1938, ch. 601,  11; G.L. 1956,  23-24-9; P.L. 1979, ch. 39,  1. 
 23-23.6-1. Findings. The general assembly recognizes that carbon monoxide is an odorless, colorless, and tasteless gas that can be harmful or fatal if not properly controlled. Ice resurfacing machines and other equipment with internal combustion engines, such as heaters, emit carbon monoxide. The general assembly recognizes that these emissions can result in ice arena carbon monoxide concentrations which can endanger coaches, children, referees, and other personnel on the ice and can endanger spectators who have underlying heart disease or other conditions that sensitize them to carbon monoxide. The general assembly finds that there is a need to protect human health and prevent exposure to elevated concentrations of carbon monoxide and other harmful gases in ice arenas.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-10. Interpretation and severability. The provisions of this chapter shall be liberally construed and shall be held to be in addition to, and not in substitution for or a limitation of, the provisions of any other law. If any provisions or part of this chapter or its application to any person or circumstances is held unconstitutional or otherwise invalid, the remainder of the chapter and the application of its provisions to any other persons or circumstances other than those to which it is held invalid shall not be affected by the invalidity.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-11. Exemptions. Any and all fees charged and costs incurred pursuant to the provisions of this chapter shall not be subject to reimbursement to any municipality by operation of any mandate of this chapter and the provisions of  45-13-7  45-13-10 shall not apply to this chapter.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-2. Definitions. For purposes of this chapter: (1) Department means the department of health.  (2) Director means the director of health, or his or her designee.  (3) Ice arena means any building with a roof and partially or fully enclosed sides which contains an ice rink.  (4) Operator means the person designated by the owner as responsible for the day to day operation of the ice arena.  (5) Owner means the person having legal title to property and/or buildings. For purposes of publicly owned property only, the owner shall be defined to be the chief executive officer of the state or municipal agency which owns, leases or controls the use of the property.  (6) Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, and other state or political subdivision or agency, and the legal successor, representative, agent, or agency of the foregoing.  (7) Resurfacing machine means any internal combustion engine-powered machine used for modifying the ice rink surface.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-3. Authority of the director. The director is authorized to: (1) Take all measures necessary to implement the provisions of this chapter, including, but not limited to:  (i) Receive and administer funding allocated for indoor air control programs by the state, agencies of the federal government and other appropriate funding sources;  (ii) Require the owner of an ice arena to perform any tests of air quality that he or she may determine to be necessary to characterize the exposure of ice arena occupants to carbon monoxide and other harmful gases;  (iii) Institute a public information program with the purpose of informing the public regarding health effects of carbon monoxide and other harmful gases in ice arenas, the necessity for testing air quality in ice arenas, the recommended practices for reducing elevated levels of carbon monoxide and other harmful gases in ice arenas, and related issues.  (2) Issue any rules and regulations that may be necessary to implement the provisions of this chapter, including, but not limited to:  (i) Establish air quality standards for carbon monoxide and other harmful gases in ice arenas;  (ii) Establish criteria for certification of acceptable air quality in ice arenas;  (iii) Establish criteria for sampling of carbon monoxide and other harmful gases in ice arenas;  (iv) Require owners/operators of ice arenas to conduct appropriate monitoring for carbon monoxide and other harmful gases.  (3) In promulgating standards and regulations authorized by this chapter, the director shall give due consideration to recommendations, standards and definitions of other states and the United States.  (4) The director may assess fees for certificates of acceptable air quality issued in accordance with regulations promulgated pursuant to the authority conferred by this section. The director is authorized to assess fees for air quality inspections of ice arenas in accordance with regulations promulgated pursuant to the authority conferred by this section, provided that these fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-4. Air quality standard for ice arenas. (a) The owner/operator of an ice arena must maintain acceptable air quality conditions. These conditions shall include, as a minimum, a one hour average air concentration of not more than thirty-five (35) parts of carbon monoxide per one million (1,000,000) parts of air by volume (PPM).  (b) A single reading greater than or equal to two hundred (200) PPM of carbon monoxide or a one hour average that is greater than or equal to one hundred (100) PPM of carbon monoxide in the ice arena constitutes a substantial risk to health and shall require the immediate evacuation of all persons from the ice rink surface and adjacent areas. The director shall be immediately notified by telephone of this action and the ice arena may not reopen until authorized by the director.  (c) A one hour average in excess of thirty-five (35) PPM of carbon monoxide and less than one hundred (100) PPM of carbon monoxide in the ice arena shall require immediate corrective action. Corrective action shall not be deemed adequate until subsequent measurements of air quality conditions confirm that carbon monoxide levels in the ice arena are below thirty-five (35) PPM.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-5. Certificate of acceptable air quality required. (a) No person shall own or operate an ice arena in which a resurfacing machine is used without a certificate of acceptable air quality issued by the director. The certificate must be displayed in a conspicuous place in the ice arena.  (b) For cause, and for violation of the provisions of this chapter, or regulations promulgated pursuant to the authority conferred by this chapter, the director may suspend, modify, or revoke a certificate of acceptable air quality.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-6. Air quality inspections. The director is authorized to inspect, at a reasonable time and without prior notice, ice arena air quality and/or to respond to a complaint of an elevated level of carbon monoxide or other harmful gas in an ice arena. Any person refusing entry to a designated inspector or obstructing an inspection ordered by the director shall immediately have his or her certificate of acceptable air quality revoked by the director. The ice arena shall remain closed until any time that the director has determined that the facility is in compliance with the provisions of both this chapter and any regulations promulgated pursuant to the authority conferred by this chapter.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-7. Compliance procedure. Except as otherwise provided in this chapter, the inspection, enforcement, and penalties for violations of the provisions of this chapter, or regulations promulgated pursuant to the authority conferred by this chapter, shall be in accordance with the provisions and procedures set forth in  23-1-19  23-1-25.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-8. Variances. The director may grant any variances from the regulations adopted pursuant to this chapter as he or she may deem appropriate or necessary provided that he or she determines that the granting of the variances will not result in a reduction in the public health or safety.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.6-9. Establishment of restricted receipt account. All fees collected by the director in accordance with this chapter, or in accordance with regulations promulgated pursuant to the authority conferred by this chapter, shall be placed into a restricted receipt account to support the personnel costs, operating costs and capital expenditure necessary to carry out the provisions of this chapter; provided, however, that any fees charged shall be in addition to and not substituted for funds appropriated for the department by the state or federal government.  History of Section.P.L. 1992, ch. 312,  1. 
 23-23.7-1. Short title. This chapter shall be known and may be cited as the Biodiesel Heating Oil Act of 2013.  History of Section.P.L. 2013, ch. 150,  1; P.L. 2013, ch. 221,  1. 
 23-23.7-2. Statement of intent and purpose. The intent and purpose of this chapter is to encourage the production of biofuels in the state of Rhode Island, to help create jobs in the emerging biofuel industry, to improve air quality, to reduce Rhode Island greenhouse gas emissions, to promote the installation and use of more efficient heating equipment and to promote more energy independence by requiring heating oil sold in the state of Rhode Island to contain biodiesel-blended heating oil.  History of Section.P.L. 2013, ch. 150,  1; P.L. 2013, ch. 221,  1. 
 23-23.7-3. Definitions. As used in this chapter, the following words shall have the following meanings: (1) The term ASTM or International means American Society for Testing and Materials International.  (2) Biodiesel blend (BXX) means a blend of biodiesel fuel with fuel oil in which the BXX represents the volume percentage of biodiesel fuel in the blend as provided in the following designations:  (i) B5 represents a biodiesel blend in which the volume of biodiesel fuel in the blend is between four and one-half percent (4.5%) to five and one-half percent (5.5%);  (ii) B10 represents a biodiesel blend in which the volume of biodiesel fuel in the blend is between nine and one-half percent (9.5%) to ten and one-half percent (10.5%).  (iii) B20 represents a biodiesel blend in which the volume of biodiesel fuel in the blend is between nineteen and one-half percent (19.5%) to twenty and one-half percent (20.5%).  (iv) B50 represents a biodiesel blend in which the volume of biodiesel fuel in the blend is forty-nine and one-half percent (49.5%) to fifty and one-half percent (50.5%).  (3) Biodiesel fuel means a fuel, designated B100, that meets the requirements of ASTM D6751, or the most recent specification and that meets the registration requirements for fuels and fuel additives established by the United States Environmental Protection Agency under section 211 of the Clean Air Act, 42 U.S.C.  7545, and the requirements of ASTM InternationalASTM D6751.  (4) Biodiesel heating fuel means a heating fuel comprised of biodiesel and/or renewable hydrocarbon diesel that is blended with heating oil that meets the requirements of ASTM D396, or the most recent specification, or a fuel comprised of renewable hydrocarbon diesel with petroleum heating oil that meets the specification of ASTM D975, or other specifications as determined by the director.  (5) Biomass or Renewable biomass means a material, including: crops and crop residues, trees and tree residues, organic portions of municipal solid waste, organic portions of construction and demolition debris, grease trap waste, and algae, that can be used for fuel but does not have a petroleum or other fossil fuel base.  (6) Blender or distributor means the person who holds the inventory position in the heating oil, as reflected on the records of the terminal operator. A person holds the inventory position in heating oil when the person has a contractual agreement with the terminal operator for the use of storage facilities and terminaling services at a terminal with respect to the heating oil. The term also includes a terminal operator that owns heating oil in its terminal.  (7) Director means the director of the department of environmental management.  (8) Eligible feedstock means: soybean oil; canola oil; oil from annual cover crops; algal oil; biogenic waste oils, fats, and greases; camelina sativa oil; distillers corn oil; distillers sorghum oil; and commingled distillers corn and sorghum oil, provided that the commissioner may, by rules and regulations, modify the definition of feedstock based on EPAs potential future modifications of Table 1 of 40 C.F.R  80.142611, and which has generated a RIN in compliance with the federal RFS program.  (9) Heating oil means petroleum oil refined for the purpose of use as fuel for combustion in a space and/or water heating system that meets the requirements of ASTM D396, or the most recent specification.  (10) Renewable hydrocarbon diesel means a fuel derived from an eligible feedstock that meets the requirements of ASTM D975, or the most recent specification. Renewable hydrocarbon diesel shall not include any fuel from co-processed biomass with a feedstock that is not a biomass.  History of Section.P.L. 2013, ch. 150,  1; P.L. 2013, ch. 221,  1; P.L. 2021, ch. 347,  2, effective January 1, 2022; P.L. 2021, ch. 348,  2, effective January 1, 2022. 
 23-23.7-4. Heating oil biobased products. Notwithstanding any law, rule, regulation, or order to the contrary, and in accordance with the compliance schedule established in this chapter, all No. 2 distillate heating oil sold in the state for residential, commercial, or industrial uses within the state, shall contain, at a minimum, the specified percentage of biobased product, unless the requirement has been suspended pursuant to  23-23.7-7. The compliance schedule shall be as follows:  (1) Not later than July 1, 2014, all No. 2 distillate heating oil sold in the state shall contain not less than two percent (2%) of a biobased product.  (2) Not later than July 1, 2015, all No. 2 distillate heating oil sold in the state shall contain not less than three percent (3%) of a biobased product.  (3) Not later than July 1, 2016, all No. 2 distillate heating oil sold in the state shall contain not less than four percent (4%) of a biobased product.  (4) Not later than July 1, 2017, all No. 2 distillate heating oil sold in the state shall contain not less than five percent (5%) of a biobased product.  (5) Not later than July 1, 2021, all No. 2 distillate heating oil sold in the state shall at a minimum meet the standards for B5 biodiesel blend and/or renewable hydrocarbon diesel.  (6) Not later than July 1, 2023, all No. 2 distillate heating oil sold in the state shall at a minimum meet the standards for B10 biodiesel blend and/or renewable hydrocarbon diesel.  (7) Not later than July 1, 2025, all No. 2 distillate heating oil sold in the state shall at a minimum meet the standards for B20 biodiesel blend and/or renewable hydrocarbon diesel.  (8) Not later than July 1, 2030, all No. 2 distillate heating oil sold in the state shall at a minimum meet the standards for B50 biodiesel blend and/or renewable hydrocarbon diesel.  History of Section.P.L. 2013, ch. 150,  1; P.L. 2013, ch. 221,  1; P.L. 2021, ch. 347,  2, effective January 1, 2022; P.L. 2021, ch. 348,  2, effective January 1, 2022. 
 23-23.7-5. Certification. (a) The blender or distributor of biodiesel fuel or renewable hydrocarbon diesel at the time of sale to a retail distributor of heating fuel shall provide certification stating:  (1) That the No. 2 distillate heating fuel meets ASTM InternationalASTM D396 and/or the successor standard as the case may be; and  (2) That the biodiesel fuel or renewable hydrocarbon diesel used for blending meets the definition of biodiesel fuel or renewable hydrocarbon diesel in  23-23.7-3; and  (3) The percentage of the biodiesel fuel or renewable hydrocarbon diesel contained in the fuel.  (b) The director shall create and provide to blenders and distributors a quarterly report form to be filed by the blender or distributor with the department of environmental management stating the number of gallons of biodiesel fuel or renewable hydrocarbon diesel sold and certification that said gallons meet the standards set forth in this chapter.  History of Section.P.L. 2013, ch. 150,  1; P.L. 2013, ch. 221,  1; P.L. 2021, ch. 347,  2, effective January 1, 2022; P.L. 2021, ch. 348,  2, effective January 1, 2022. 
 23-23.7-6. Enforcement. It shall be the responsibility of the director of the department of environmental management to administer and enforce this chapter.  History of Section.P.L. 2013, ch. 150,  1; P.L. 2013, ch. 221,  1. 
 23-23.7-7. Suspension. The governor of the state of Rhode Island, or the director, may temporarily suspend the requirements imposed by  23-23.7-4 if it is determined that the physical availability of biodiesel fuel and/or renewable hydrocarbon diesel heating oil that complies with these requirements is inadequate or unavailable at commercially reasonable prices to meet the needs of the residential, commercial, or industrial uses in this state and the inadequate availability constitutes an emergency, provided that the governor or director shall specify in writing the period of time the suspension shall be in effect; provided that this period shall not exceed three (3) months. Any person seeking a suspension shall submit a request in writing to the governor or director that provides the factual basis for the suspension.  History of Section.P.L. 2013, ch. 150,  1; P.L. 2013, ch. 221,  1; P.L. 2021, ch. 347,  2, effective January 1, 2022; P.L. 2021, ch. 348,  2, effective January 1, 2022. 
 23-23-1. Short title. This chapter shall be known and may be cited as the Clean Air Act. History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-1; P.L. 1979, ch. 39,  1. 
 23-23-10. Prosecution of violations  Relief in equity or by prerogative writ. (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.  History of Section.P.L. 1966, ch. 256,  1; P.L. 1974, ch. 274,  3; P.L. 1977, ch. 182,  9; G.L. 1956,  23-25-10; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 361,  1. 
 23-23-11. Violation required for criminal conviction. No person shall be convicted or found liable in any criminal prosecution or at any other proceeding brought by or in behalf of the state, the director or the public to enjoin, suppress, prohibit, or punish air pollution unless he or she knowingly violated a rule or regulation or order of the director, issued under the authority conferred upon him or her by this chapter; provided, that nothing in this section shall be held to affect any civil right action or remedy of any person at law or in equity.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-11; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 361,  1. 
 23-23-12.1. Repealed.
 23-23-12.2. Repealed.
 23-23-12. Tests. Whenever the director has reason to believe that emission is occurring in excess of that permitted under any rule, regulation, or order made under this chapter, the director may, without hearing, conduct tests to determine the emission of air contaminants from premises, buildings, or other places belonging to or controlled by any person, or to require the person to provide any information as he or she may request regarding this emission. The person owning or controlling the premises, building, or other place to be tested shall provide the director or his or her representatives or consultants access during working hours. The director, his or her representatives, or consultants shall be empowered to erect scaffolding and to provide necessary holes and stack or duct work or other sampling and test facilities. The director may specify the testing method to be used by qualified personnel in accordance with good professional practice, and should that test show that a violation of a rule or regulation made under this chapter any order of the director was occurring, the person shall pay in addition to any other regulatory, civil, and/or criminal penalties the entire cost of the test or tests and an additional administrative fine of up to one hundred percent (100%) of the cost of the test or tests. Those costs and fines shall be deposited as general revenues.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-12; P.L. 1979, ch. 39,  1; P.L. 1985, ch. 214,  1. 
 23-23-13. Plans and records. Upon request of the director, any person owning or operating a source of air pollution which has the potential to emit any air contaminant, or any person owning or operating a source of air pollution which the director has reason to believe is emitting any extremely toxic air contaminant, that meets the definition in  23-23-3 but may not have been adopted by the director, or any person owning or operating any air pollution control system shall keep accurate records of operation as may be specified by the director and shall submit these records of operation and a plan and statement or true copies of them, describing all the systems or sources owned or controlled by him or her. Those statements, records, plans and descriptions shall be signed by the person or his or her agent and may be submitted to the department as trade secret or proprietary information to the extent that protection is available under the public records act of title 38.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-13; P.L. 1979, ch. 39,  1; P.L. 1980, ch. 24,  1; P.L. 1985, ch. 502,  1; P.L. 1992, ch. 361,  1. 
 23-23-14. Penalties. (a) Any person who shall violate an order of the director or any rule, regulation, or other program requirement, or permit, or approval, or any of the prohibitions of this chapter shall be punished by an administrative or civil penalty of not more than ten thousand dollars ($10,000) and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.  (b) The director or any agent or employee of the director or any person or his or her agent who shall, except in the enforcement of this chapter or in the performance of official duties under this chapter, disclose any information relating to secret processes or methods of manufacture or production obtained in the course of inspecting or investigating any source or alleged source of air pollution, or who shall violate  23-23-13 shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500).  (c) Any person obstructing, hindering, or in any way causing to be obstructed or hindered, the director or any agent or employee of the director in the performance of their duties or who shall refuse to permit the director or any of his or her agents entrance into any premises, buildings, or other places belonging to or controlled by that person in the performance of his or her duties, or who shall refuse to furnish the information requested or to make a test provided for in this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500).  (d) Any person convicted under the provisions of  23-23-11 shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment of one year, or both fine and imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.  (e) Any person who knowingly makes a false statement, representation, or certification in any application, record, report, plan, permit, or document filed, maintained and used for purposes under this chapter shall be guilty of a felony, and shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment of one year or both fine and imprisonment, and every person shall be guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-14; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 361,  1. 
 23-23-15. Variances. (a) Upon application and after a hearing, the director may suspend the enforcement of the whole or any part of this chapter or of any rule or regulation promulgated under this chapter in the case of any person who shall show that the enforcement of this chapter would constitute undue hardship on that person without a corresponding benefit or advantage obtained by it; provided, that no suspension shall be entered deferring compliance with a requirement of this chapter or the rules and regulations promulgated under this chapter, unless that deferral is consistent with the provisions and procedures of the federal Clean Air Act, 42 U.S.C.  7401 et seq.  (b) In determining under what conditions and to what extent the variance may be granted, the director shall give due recognition to the progress which the person requesting the variance shall have made in eliminating or preventing air pollution. In this case, the director shall consider the reasonableness of granting a variance conditioned on the persons effecting a partial abatement of the pollution or a progressive abatement of the pollution or any other circumstances that the director may deem reasonable. No variance shall be granted to any person applying for it who is causing air pollution which creates a danger to public health or safety.  (c) Any variance granted under this chapter shall be granted for any period of time, not exceeding one year, as the director shall specify, but any variance may be continued from year to year. No variance shall be construed as to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance nor shall there be any appeal from a denial of a variance.  (d) Notwithstanding the limitations of this section, the director may, upon application, defer compliance with the whole or any part of this chapter or of any rule or regulation promulgated under this chapter where compliance is not possible because of breakdowns or malfunctions of equipment, acts of God, or other unavoidable casualties; provided, that this order shall not defer compliance for more than three (3) months.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-15; P.L. 1979, ch. 39,  1; P.L. 1980, ch. 24,  1. 
 23-23-16. Emergencies. 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.  History of Section.P.L. 1966, ch. 256,  1; P.L. 1977, ch. 182,  9; G.L. 1956,  23-25-16; P.L. 1979, ch. 39,  1; P.L. 1980, ch. 24,  1. 
 23-23-17. Promulgation of rules. Except as provided in this chapter, in establishing any rule or regulation in the conduct of proceedings and in the taking of appeals from any order of the director, the provisions of chapter 35 of title 42 shall apply.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-17; P.L. 1979, ch. 39,  1. 
 23-23-18. Regulation of burning in open fires. (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).  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-18; P.L. 1971, ch. 116,  1; P.L. 1979, ch. 39,  1. 
 23-23-19  23-23-21. Repealed.
 23-23-2. Declaration of policy. It is declared to be the public policy in the state of Rhode Island to preserve, protect, and improve the air resources of the state to promote the public health, welfare, and safety, to prevent injury or detriment to human, plant, and animal life, physical property and other resources, and to foster the comfort and convenience of the states inhabitants. The director is authorized to exercise all powers, direct or incidental, necessary to carry out the purposes of this chapter to assure that the state of Rhode Island complies with the federal Clean Air Act, 42 U.S.C.  7401 et seq., and retains maximum control under this chapter, and receives all desired federal grants, aid, and other benefits.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-2; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 361,  1. 
 23-23-22. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-22; P.L. 1979, ch. 39,  1. 
 23-23-23. Temporary pay reductions prohibited. No owner or operator of any source which uses a supplemental or intermittent air pollution control system or device for the purpose of meeting the requirements of an order entered by the director pursuant to  23-23-8 or 23-23-15 of this chapter, shall, temporarily, reduce the pay of any employee by reason of the use of that supplemental or intermittent or other dispersion dependent air pollution control system or device.  History of Section.P.L. 1980, ch. 24,  2. 
 23-23-24  23-23-27. Repealed.
 23-23-28. Auxiliary monitors. Any town or city may appoint an air pollution auxiliary monitor from among its full time employees provided that the employee must possess the education and experience required of the state, division of personnel class title environmental quality technician. The auxiliary monitor shall not be entitled to any additional compensation from the state. The auxiliary monitor may have other duties as the town or city deems necessary. Upon appointment, the auxiliary monitor shall be trained by the department of environmental management in recognizing, analyzing, and describing air pollution. Upon satisfactory completion of a required course of study, the auxiliary monitor shall be empowered to investigate complaints of air pollution within his or her town or city on behalf of the town or city and to present testimony or evidence regarding them to the department of environmental management in support of regulatory actions authorized under this chapter. That testimony or evidence shall be considered expert by the department of environmental management.  History of Section.P.L. 1985, ch. 489,  2. 
 23-23-29.1. Findings of fact. The general assembly hereby finds as follows: (1) Motor vehicle exhaust is the largest source of air pollution in Rhode Island, and idling vehicles emit higher concentrations of harmful pollutants than moving vehicles;  (2) Vehicle exhaust is hazardous to human health. Studies have linked pollution from vehicles to increased rates of cancer, lung and heart disease, asthma and allergies, urban smog and climate change;  (3) Fine particulate matter in diesel exhaust is particularly harmful to children and seniors. Tiny particles can lodge deep within human lungs, where they can trigger asthma attacks and stunt lung growth in children, and contribute to chronic obstructive pulmonary disorder and heart attacks in seniors;  (4) Asthma is reaching epidemic proportions in Rhode Island. More than one hundred thousand (100,000) people in Rhode Island have been diagnosed with asthma, including one out of every ten (10) children. Asthma is the most common chronic disease in children and responsible for the most school absences in Rhode Island;  (5) Vehicle idling waste money. On average, an idling truck burns one gallon of fuel per hour. A locomotive or other heavy duty engine may burn anywhere from three (3) to eleven (11) gallons per hour;  (6) Excessive idling creates the need for more frequent oil and oil filter changes, and speeds engine wear, reducing the amount of time before an engine needs to be rebuilt;  (7) Even on the coldest winter days, modern engines need no more than five (5) minutes to warm up; and  (8) To date, other states including Connecticut and Massachusetts have passed laws that limit the amount of time vehicles are permitted to idle.  History of Section.P.L. 2006, ch. 557,  1; P.L. 2008, ch. 475,  67. 
 23-23-29.2. Diesel motor vehicle engine idling. On or before July 1, 2007, the department shall adopt rules governing diesel engine idling to restrict the unnecessary operation of diesel motor vehicle engines. The rules shall be generally consistent with similar restrictions established by law or regulation in Massachusetts and Connecticut and shall provide that no person shall cause, allow or permit the unnecessary operation of the engine of a diesel motor vehicle while said vehicle is stopped for a period of time in excess of five (5) consecutive minutes in any sixty (60) minute period. Unnecessary operation of a diesel motor vehicle shall not include such periods and circumstances as the department, may determine as reasonably requiring that the engine remain idling, which periods may include, but not be limited to, periods when it is necessary for a vehicle to remain motionless due to traffic conditions or at the direction of a law enforcement official; when it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passengers or to operate auxiliary equipment; when it is necessary to bring the engine to the manufacturers recommended operating temperature or when the engine is undergoing maintenance or inspection. The requirements of this section shall not apply to police, fire, rescue, ambulance and other public safety vehicles, military vehicles, armored vehicles that are being loaded or unloaded or are waiting to be loaded or unloaded, non-road vehicles, including farm vehicles, locomotives, aircraft, marine vessels, stationary diesel engines or auxiliary power units, or vehicles making deliveries of fuel or energy products.  History of Section.P.L. 2006, ch. 557,  1. 
 23-23-29.3. Non-road diesel engine idling. On or before July 1, 2007, the department shall adopt rules governing diesel engine idling to restrict the unnecessary operation of non-road diesel engines. So far as is reasonably feasible, the rules shall provide that no entity shall cause, suffer, allow or permit the unnecessary idling of a non-road diesel engine. Non-road diesel engines to be considered in this rulemaking shall include, but may not be limited to, construction engines, airport ground support equipment, commercial and industrial equipment. Unnecessary idling shall not include such periods and circumstances as the department may determine as reasonably requiring that the engine remain idling, which periods may include, but not be limited to, when airfield maintenance vehicles are being used on a state-owned or operated airport. This provision shall not extend to any diesel powered engine and/or vehicle that must continuously operate while stationary in order to function properly, a vehicle making deliveries of fuel or energy products, or to insure workplace safety.  History of Section.P.L. 2006, ch. 557,  1. 
 23-23-29.4. Sources of diesel pollution. On or before January 1, 2007, the department shall identify sources of diesel pollution in Rhode Island and strategies for reducing pollution from identified sources and report the findings to the governor and general assembly.  History of Section.P.L. 2006, ch. 557,  1. 
 23-23-29.5. Enforcement. The responsibility and jurisdiction for enforcement of  23-23-29.1  23-23-29.4 shall be with state and local law enforcement authorities, including, but not limited to, state and local police and parking enforcement personnel, the Rhode Island department of environmental management and the Rhode Island division of motor vehicles.  History of Section.P.L. 2006, ch. 557,  1; P.L. 2009, ch. 310,  4. 
 23-23-3. Definitions. As used in this chapter, the following terms shall, where the context permits, be construed as follows:  (1) Air contaminant means soot, cinders, ashes, any dust, fumes, gas, mist, smoke, vapor, odor, toxic or radioactive material, particulate matter, or any combination of these.  (2) Air pollution means presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities that either alone or in connection with other emissions by reason of their concentration and duration, may be injurious to human, plant, or animal life or cause damage to property or unreasonably interfere with the enjoyment of life and property.  (3) Director means the director of environmental management or any subordinate or subordinates to whom he or she has delegated the powers and duties vested in him or her by this chapter.  (4) Extremely toxic air contaminant means any air contaminant that has been classified as a potential carcinogen by the International Agency for Research on Cancer (IARC), Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), National Institute of Occupational Safety and Health (NIOSH), American Conference of Governmental Industrial Hygienists (ACGIH), or the National Toxicology Program (NTP); or any air contaminant that induces mutagenic or teratogenic effects; or any air contaminant that, when inhaled, has caused significant chronic adverse effects in test animals; or any air contaminant having an acute toxicity of:  (i) LD50 (oral) less than 500mg/kg;  (ii) LD50 (inhalation) less than 2000ppm; or  (iii) LD50 (dermal) less than 1000mg/kg;  and/or has been adopted by the director pursuant to the provisions of chapter 35 of title 42. In addition to the above, it may also include any hazardous air pollutant as defined in  112(b) of the federal Clean Air Act, 42 U.S.C.  7412(b).  (5) Motor vehicle means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved exclusively by human power and motorized wheelchairs.  (6) Open fire means any fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney.  (7) Person means an individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation), partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency or any subdivision, commission, department, bureau, agency, or department of state or federal government (including quasi-government corporation), or of any interstate body.  (8) Manufactured, unwashed sand means product resulting from the mechanical crushing of rock, boulders, or large cobblestones that has a gradation of fifty percent (50%) or more of coarse fraction passing the No. 4 sieve as referenced in the Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System) and American Society of Testing and Materials Designations D-2487-06 which has not been subject to a mechanical process (using water) that is designed to substantially remove fine fractions passing the No. 200 sieve.  History of Section.P.L. 1966, ch. 256,  1; P.L. 1977, ch. 24,  1; G.L. 1956,  23-25-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-23-3; P.L. 1980, ch. 24,  1; P.L. 1985, ch. 502,  1; P.L. 1992, ch. 361,  1; P.L. 2015, ch. 272,  1. 
 23-23-30. Stage II vapor recovery systems. (a) For the purposes of this section, stage II vapor collection and control system means a system which collects gasoline vapors displaced from motor vehicle gasoline tanks during refueling and which routes the vapors to a stationary storage tank.  (b) Notwithstanding the provisions of  23-23-5:  (1) A motor vehicle fuel dispensing facility shall be exempt from the departments stage II system requirements if it begins operation after the effective date of this section; and  (2) Upon department verification and approval, a motor vehicle fuel dispensing facility shall be exempt from the departments stage II system requirements if excavation of one or more underground gasoline storage tanks is required in order to install or repair a below-ground component of the stage II vapor collection and control system or the facility replaces fifty percent (50%) or more of its gasoline dispensers after the effective date of this subsection.  History of Section.P.L. 2012, ch. 160,  1; P.L. 2012, ch. 246,  1. 
 23-23-31. Dust control at extractive industries. This section applies to all extractive industries, as that term is defined in  45-24-31(25), that are located within one thousand five hundred feet (1,500) of any occupied dwelling structure from the location of the piles of material defined in  23-23-3(8).  (1) Manufactured, unwashed sand shall not be stockpiled except in a manner that prevents fugitive dust from traveling beyond the property line of the extractive industry by use of water sprays.  (2) In determining compliance with this provision, the director may consider one or more of the following factors:  (i) Moisture content of the stone dust piles;  (ii) Atmospheric humidity;  (iii) Wind direction and velocity;  (iv) Rainfall;  (v) Observations of fugitive dust;  (vi) Location of the stone dust piles; and  (vii) Any other factors that may cause fugitive dust to travel beyond the property line of the extractive industry.  (3) The director may approve the use of alternatives to water spray, if water is not available or its use is not practical, including, but not limited to, crusting agents or enclosures; provided that such alternatives prevent fugitive dust from traveling beyond the property line of the extractive industry.  History of Section.P.L. 2015, ch. 272,  2. 
 23-23-4. Administration  Agency for federal acts. (a) It shall be the responsibility of the director of environmental management to administer this chapter. Within the department of environmental management, the director may employ personnel who shall come within the classified service in accordance with the laws of this state for the purposes of this chapter, and may delegate to a subordinate or subordinates any or all the powers and duties vested in him or her under this chapter. The general assembly shall annually appropriate any sums that it may deem necessary for the expenses of administering this chapter.  (b) The department of environmental management is designated as the state air pollution control agency for this state for all purposes of any federal air pollution control laws, acts, or programs, and is authorized to take all action necessary or appropriate to secure to this state the benefit of those laws, acts, or programs.  History of Section.P.L. 1966, ch. 256,  1; P.L. 1971, ch. 103,  3; G.L. 1956,  23-25-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-23-4; P.L. 1992, ch. 361,  1. 
 23-23-5.1. Funds created. (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.  History of Section.P.L. 1992, ch. 361,  3; P.L. 1994, ch. 395,  1; P.L. 1995, ch. 370, art. 40,  69. 
 23-23-5.2. Mandamus. In the event that the director shall fail to issue the permit or deny the license then the applicant or other interested person may petition the superior court to issue its writ of mandamus ordering the director or some suitable person to immediately issue the license or denial.  History of Section.P.L. 1992, ch. 361,  3. 
 23-23-5.3. Advisory commission created. (a) There is created an operating permits advisory commission. The advisory commission shall consist of the director of the department of environmental management, or his or her designee, and six (6) additional members who shall be appointed as follows: three (3) members by the governor, two (2) of whom shall be members of the regulated community, and one of whom shall be a member of an environmental citizens group registered as a nonbusiness corporation in the state; one by the speaker of the house; one by the president of the senate; and one jointly by the house minority leader and the senate minority leader, who shall be a member of the minority party. A chairperson and vice chairperson shall be elected by the members of the commission. The director of the department of environmental management shall be the secretary of the advisory commission.  (b) The duties of the operating permits advisory commission shall be to review, advise, and evaluate the collection of operating fees pursuant to  23-23-5(18) and the development and administration of the operating permit program. The commission shall conduct or commission an annual program review. The annual program review shall, at a minimum, examine staffing and resource needs, permit program efficiency, and cost requirements. The cost of conducting the activities of the advisory commission, including the cost of the annual program review, shall be paid from the clean air operating permit fee fund. The commission shall meet quarterly. The advisory commission shall have the authority to request and obtain all information from the department necessary to perform its responsibilities.  History of Section.P.L. 1994, ch. 395,  2; P.L. 2001, ch. 180,  49. 
 23-23-5. Powers and duties of the director. 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.  History of Section.P.L. 1966, ch. 256,  1; P.L. 1977, ch. 182,  9; G.L. 1956,  23-25-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-23-5; P.L. 1980, ch. 24,  1; P.L. 1985, ch. 502,  1; P.L. 1992, ch. 361,  1; P.L. 1994, ch. 395,  1; P.L. 1995, ch. 370, art. 40,  69. 
 23-23-6. Investigation and hearing of complaint of pollution  Public disclosure. (a) If the director shall have cause to believe that any person is violating any provision of this chapter or rule or regulation or any order made under this chapter, it shall be the duty of the director to cause the matter to be investigated. Except as provided in  23-23-16, the director shall follow the procedures provided in  42-17.1-2(21) in issuing any notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations, or permits promulgated thereunder.  (b) The director shall maintain records concerning all investigations undertaken and findings made pursuant to this section. Those records shall be made available for public inspection and shall include the following information:  (1) The names and addresses of persons investigated;  (2) The date or dates of any hearing or hearings conducted with respect to those persons and the time and place of the hearings;  (3) Any findings made by the director after the conclusion of the hearings.  History of Section.P.L. 1966, ch. 256,  1; P.L. 1970, ch. 289,  1; G.L. 1956,  23-25-6; P.L. 1979, ch. 39,  1; P.L. 2021, ch. 147,  8, effective July 3, 2021; P.L. 2021, ch. 148,  8, effective July 3, 2021. 
 23-23-7. Subpoena of witnesses  Enforcement. 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.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-7; P.L. 1979, ch. 39,  1. 
 23-23-8. Investigations  Orders. (a) If any person is causing air pollution and if after investigation and hearing the director shall so find, he or she may enter an order directing that person to adopt or to use, or to operate properly, some practicable and reasonably available control system or device or means to prevent the pollution, having due regard for the rights and interests of all persons concerned. The order may specify the particular control systems, device, or means to be adopted, used, or operated; provided, that where there is more than one practical and reasonably available system or means, the order shall give to the person complained of the right to adopt or use one of the systems or means as he or she may choose. The order shall specify the time within which the system or means shall be adopted or used or the operation of the system shall be commenced. The time may be extended by the director in his or her discretion upon application being made by the person, and the order may, upon application be modified in any other particular. No order or modification of the order may be entered by the director deferring compliance with a requirement of this chapter or the rules and regulations promulgated under this chapter, unless the deferral is consistent with provisions and procedures of the federal Clean Air Act, 42 U.S.C.  7401 et seq.  (b) Where any order of the director does not specify the system or means to be adopted, the person against whom the order is entered shall, before proceeding to install any system, submit to the director a plan or statement describing the system or means which he or she proposes to adopt. In the case where the person subsequently desires to make any substantial change in the system or means adopted, he or she shall, before proceeding to do so, file with the director a plan or statement describing the change. The director may upon the application of any person at any time enter an order approving the system or means which he or she has adopted or may desire to adopt. A copy of each order entered by the director shall be sent to the person or persons affected by either certified or registered mail, return receipt requested.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-8; P.L. 1979, ch. 39,  1; P.L. 1980, ch. 24,  1. 
 23-23-9. Operation of approved system as sufficient compliance. Any person who shall adopt or use and who shall properly operate a system or means to prevent air pollution in compliance with an order of the director shall, as long as the approval or order remains unrevoked or unmodified, be deemed to have complied with all orders and determinations of the director issued during that period under the authority conferred upon him or her by this chapter.  History of Section.P.L. 1966, ch. 256,  1; G.L. 1956,  23-25-9; P.L. 1979, ch. 39,  1. 
 23-24.1-1. Short title. This chapter may be cited as the Poison Prevention Packaging Act. History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.2-1; P.L. 1979, ch. 39,  1. 
 23-24.1-2. Definitions. For the purpose of this chapter: (1) Director means the director of health.  (2) Federal act means the Poison Prevention Packaging Act of 1970, 15 U.S.C.  1471 et seq., and its subsequent amendments.  (3) Household substance means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is:  (i) A hazardous substance as that term is defined in  23-24-2(6);  (ii) A pesticide as that term is defined in  23-25-4;  (iii) A food, drug, device or cosmetic as those terms are defined in  21-31-2;  (iv) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house.  (4) Labeling means all labels and other written, printed, or graphic matter:  (i) Upon any household substance or its package; or  (ii) Accompanying such substance.  (5) Package means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of  23-24.1-4(a)(2), also means any outer container or wrapping used in the retail display of that substance to consumers. The term does not include:  (i) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors of this household substance; or  (ii) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.  (6) Special packaging means packaging that is designed or constructed to be significantly difficult for children under five (5) years of age to open or obtain a toxic or harmful amount of the substance contained in it within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which these children cannot open or obtain a toxic or harmful amount within a reasonable time.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.2-2; P.L. 1979, ch. 39,  1; P.L. 1981, ch. 72,  1; P.L. 1989, ch. 542,  53. 
 23-24.1-3. Technical advisory committee  Packaging regulations. (a) The director may establish, as he or she deems necessary, an ad hoc technical advisory committee to assist and advise him or her in establishing any standards deemed necessary to carry out the provisions of this chapter.  (b)(1) All regulations prescribing standards for the special packaging of household substances now or hereafter adopted under the authority of the federal act are the regulatory standards for special packaging of household substances in this state. The director may by regulation provide for modification or deviation from these regulations when he or she deems it necessary and advisable, whether or not the modifications or deviations are in accordance with the regulations adopted pursuant to the federal act.  (2) A federal regulation automatically adopted pursuant to this chapter takes effect in this state on the date it becomes effective as a federal regulation. No publication or hearing is required; provided, that the director shall publish all of the regulations in a newspaper having general circulation throughout the state. A person who may be adversely affected by a regulation may, within 30 days after a federal regulation is automatically adopted, file with the director, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation.  (3) If no substantial objections are received and no hearing is requested within thirty (30) days after publication of a proposed regulation, it shall take effect as of the date it was adopted by the federal government.  (4) If timely substantial objections are made to a federal regulation within thirty (30) days after it is automatically adopted, the director, after notice, shall conduct a public hearing in accordance with the provisions of chapter 35 of title 42.  (5) The director is authorized to promulgate any rules and regulations necessary to carry into effect the provisions of this chapter.  (c) All regulations prescribing standards for the special packaging of household substances now or hereafter adopted under the authority of the federal act are the regulatory standards for special packaging of household substances in this state.  (d) Compliance with federal regulations prescribing standards issued pursuant to the federal act shall be deemed in compliance with this chapter.  (e) Nothing in this chapter shall authorize the director to prescribe specific packaging designs, product content, package quantity, or with the exception of authority granted in  23-24.1-4(a)(2), labeling. In the case of a household substance for which special packaging is required pursuant to a regulation under this section, the director may in the regulation prohibit the packaging of the substance in packages which he or she determines are unnecessarily attractive to children.  History of Section.P.L. 1977, ch. 90  2; G.L. 1956,  23-38.2-3; P.L. 1979, ch. 39,  1; P.L. 1981, ch. 72,  1. 
 23-24.1-4. Exceptions. (a) For the purpose of making any household substance which is subject to a standard established under  23-24.1-3 readily available to persons who are elderly or disabled who are unable to use the substance when packaged in compliance with the standard, the manufacturer or packer may package any household substance, subject to a standard, in packaging of a single size which does not comply with the standard if:  (1) The manufacturer or packer also supplies the substances in packages which comply with the standard; and  (2) The packages of the substance which do not meet the standard bear conspicuous labeling stating: This package for households without young children; except that the director may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate that labeling.  (b) In the case of a household substance which is subject to a standard and which is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, that substance may be dispensed in non-complying packages only when directed in that order or when requested by the purchaser.  (c) In the case of a household substance subject to a standard which is packaged under subsection (a) in a non-complying package, if the director determines that the substance is not also being supplied by a manufacturer or packer in popular size packages which comply with that standard, he or she may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, by order require the substance to be packaged by the manufacturer or packer exclusively in special packaging complying with the standard if he or she finds, after opportunity for hearing, that exclusive use of special packaging is necessary to accomplish the purposes of this chapter.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.2-4; P.L. 1979, ch. 39,  1; P.L. 1999, ch. 83,  52; P.L. 1999, ch. 130,  52. 
 23-24.1-5. Inspection, enforcement, and penalties. The inspection, enforcement, and penalties for violations of the provisions of this chapter shall be in accordance with the provisions and procedures provided by  23-1-19  23-1-25.  History of Section.P.L. 1981, ch. 72,  1. 
 23-24.1-6. Compliance required. Whenever a standard established by the director under this chapter applicable to a household substance is in effect, it shall be in compliance with any federal regulation of it, and no political subdivision of the state shall have any authority either to establish or continue in effect, concerning that household substance, any standard for special packaging (and any exemption from it and requirement related to it) which is not identical to the standard established under  23-24-3 (and any exemptions from it and requirement related to it).  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.2-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-24.1-7; P.L. 1981, ch. 72,  1. 
 23-24.1-7. Effective dates of regulations. Except for the standards under the federal act which come in effect under the provisions of  23-24.1-3, each regulation establishing a special packaging standard shall specify the date the standard is to take effect, which date shall not be sooner than one hundred and eighty (180) days or later than one year from the date the regulation is final, unless the director, for good cause found, determines that an earlier effective date is in the public interest and publishes in a publication with statewide circulation his or her reason for that finding, in which case the earlier date shall apply. No standard shall be effective as to household substances subject to this chapter packaged prior to the effective date of the final regulation.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.2-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-24.1-8; P.L. 1981, ch. 72,  1. 
 23-24.1-8. [Transferred.]
 23-24.10-1. Purpose. The purposes of this act are: (1) To establish a manufacturer financed system for the collection, recycling, and reuse program for covered electronic products in Rhode Island;  (2) To develop a comprehensive strategy, with the participation of state agencies, producers, processors and consumers, for waste prevention and reduction of covered electronic products in the state, which addresses the collection, recycling and reuse of covered electronic products from all covered electronic product generators in the state and that ensures the safe and environmentally sound handling, reuse and recycling of covered electronic products;  (3) To promote the development of state infrastructure for the reuse and recycling of used electronics;  (4) To eliminate waste generated in the state from covered electronic products from landfill and incinerator disposal; and  (5) To encourage the design of covered electronic products that are less toxic, more durable and more recyclable.  History of Section.P.L. 2006, ch. 365,  1; P.L. 2006, ch. 447,  1; P.L. 2008, ch. 105,  1; P.L. 2008, ch. 126,  1. 
 23-24.10-10.1. Collector and recycler responsibility. (a) Collectors registration. After July 31, 2010, no person or entity may operate as a collector of covered electronic devices unless that person or entity has submitted a registration with the department on a form prescribed by the director. Registration information must include the name, address, telephone number, and location of the business, and a certification that the collector has complied, and will continue to comply, with the requirements of this chapter and with all program rules and regulations promulgated by the department and the corporation. A registration is effective upon receipt by the department and is valid until December 31 of each year. Collectors must register annually with the department.  (b) Recyclers registration. After July 31, 2010, no person or entity may recycle covered electronic devices unless that person has submitted a registration with the department on a form prescribed by the director. Registration information must include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler who or that may receive covered electronic devices, and a certification that the recycler has complied, and will continue to comply, with the requirements of this chapter and with all program rules and regulations promulgated by the department and the corporation. A registered recycler may conduct recycling activities that are consistent with this chapter. A registration is effective upon receipt by the agency and is valid until December 31 of each year. Recyclers must register annually with the department.  (c) E-waste collected out of state shall be strictly prohibited from inclusion in programs pursuant to this chapter.  (d) Nothing in this section shall be deemed to circumvent the departments existing authority under chapter 19.1 of this title or regulations promulgated thereto.  History of Section.P.L. 2010, ch. 122,  2; P.L. 2017, ch. 391,  1; P.L. 2017, ch. 430,  1. 
 23-24.10-10. Retailer responsibility. (a) A retailer may not sell or offer for sale any covered electronic product in or for delivery into this state unless:  (1) The covered electronic product is labeled with a brand and the label is permanently affixed and readily visible;  (2) The brand is included on the list posted by the department; and  (3) The list posted by the department specifies that the manufacturer is in compliance with the requirements of this chapter. All manufacturers will be considered in compliance with the requirements of this chapter for the purposes of this section until the department publishes the first listing.  (b) A retailer shall provide to a consumer at the time of the sale of a covered electronic product information from the departments website that provides details about where and how a consumer can recycle covered electronic products in Rhode Island. Information shall also be made available in printable form for Internet sales and other sales where the Internet is involved.  (c) On or after January 1, 2009, a retailer who sells or offers for sale a new covered electronic product must, before the initial offer for sale, review the departments website to determine that all new covered electronic products that the retailer is offering for sale are labeled with the manufacturers brands that are registered with the department.  (d) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturers registration expired or was revoked and the retailer took possession of the covered electronic product prior to the expiration or revocation of the manufacturers registration and the unlawful sale occurred within three (3) months after the expiration or revocation.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3. 
 23-24.10-11. Rhode Island resource recovery corporation responsibility. (a) The corporation shall establish a state program for the collection, transportation, and recycling of covered electronic products from households and public and private elementary and secondary schools in this state. The state program shall be fully funded through the recycling fees as defined in subsection (d) of this section. The corporation shall annually by November 15 submit a plan to the department for review and approval that will:  (1) To the extent practicable, use existing local collection, transportation and recycling infrastructure;  (2) Use environmentally sound management practices as defined under  23-24.10-12(i) to collect, transport, and recycle covered electronic products;  (3) Provide for households and public and private elementary and secondary schools convenient and available collection services and sites for covered electronic products in each county of this state and collection services shall be free of charge for households and public and private elementary and secondary schools;  (4) Advertise and promote collection opportunities statewide and on a regular basis; and  (5) Conduct a statistically significant sampling or actual count of the covered electronic products collected and recycled by the state program during each calendar year using a methodology approved by the department and prepare a report no later than March 1 of the following calendar year that includes, but is not limited to:  (i) A list of all brands identified during the count;  (ii) The weight of covered electronic products, except televisions, identified for each brand during the count; and  (iii) The total weight of covered electronic products, including orphan waste if applicable, collected from households and public and private elementary and secondary schools in the state by the state program during the previous calendar year.  (6) Maintain on its website information on collection opportunities for covered electronic products, including collection site locations and hours. The information must be made available in a printable format for retailers.  (b) Covered electronic products account fund. The corporation shall create the covered electronic products account fund (the fund). Interest earned by the account shall be credited to the account. Fees collected by the corporation under subsection (c) of this section shall be deposited in the covered electronic products account fund. Moneys in the account are to be used only to pay the costs of implementing this chapter operating the state program and enforcing the disposal ban in  23-24.10-5. The corporation shall include this account fund in its annual audit. Surpluses are to be credited on a pro rata basis to those manufacturers paying fees into and for the program year in which a surplus is generated, while deficits in the fund shall be applied to the adjusted recycling fee in the second program year following the audited program year.  (c) The corporation shall determine the return share and return share by weight responsibility for each calendar year for each manufacturer, except television and printer manufacturers. The return share shall be determined by dividing the total weight of covered electronic products of that manufacturers return-share brands by the total weight of covered electronic products for all manufacturers brands. The return share by weight shall be determined by multiplying the return share for each such manufacturer by the total weight of return-share pounds of covered electronic products as calculated by the corporation, except televisions and printers, including orphan waste, collected from households and public and private elementary and secondary schools the previous calendar year as determined by the department.  (1) For 2009 and 2010, determine the return share and return share by weight for each manufacturer, except television manufacturers, based on the best available public return-share data and public weight data from within the United States for covered electronic products from households and public and private elementary and secondary schools. For subsequent years, the return share and return-share weight of covered electronic products for each manufacturer shall be based on the most recent annual sampling or count of covered electronic products. For subsequent years, the total weight in pounds of covered electronic products shall be based on the total weight of covered electronic products, including orphan waste, determined by the department.  (2) Determine the market share and market-share weight responsibility for each television and printer manufacturer in accordance with  23-24.10-3(8).  (3) The corporation shall present the proposed return or market shares and weight responsibility for each manufacturer to the department for review and approval on an annual basis by August 15 of each year.  (d) Determine the recycling fee to be paid by each manufacturer who or that participates in the state program established pursuant to this section. The corporation shall determine the recycling fees as follows:  (1) For each manufacturer, the corporation shall determine the recycling fee based on the manufacturers annual return market share and return market share by weight as determined under subsection (c) of this section. The fee shall be calculated on a per-pound basis and must be approved by the department.  (2) By August 15 of each year, the corporation shall set the cost per pound for collection, transportation, and recycling of covered electronic products, in order to reasonably approximate market costs for these services, which cost per pound is used to calculate the fee. The corporation may adjust such cost per pound in order to reasonably approximate market costs for the collection, transportation, and recycling of covered electronic products. Any deficits generated by the state program may be applied to the recycling fee calculation for and in the subsequent program year following the audited program year.  (3) [Deleted by P.L. 2017, ch. 391,  1 and P.L. 2017, ch. 430,  1].  (4) The corporation shall present the proposed recycling fees and any adjusted recycling fees for each manufacturer to the department for review and approval.  (e) Regulatory authority. The corporation may adopt such regulations as shall be necessary to implement the provisions of this chapter.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3; P.L. 2010, ch. 122,  1; P.L. 2017, ch. 391,  1; P.L. 2017, ch. 430,  1. 
 23-24.10-12. Department responsibility. The department shall: (a) Maintain and make available on its website the following lists, which must be updated by the first day of each month:  (1) A list of registered manufacturers and their brands;  (2) A list of brands for which no manufacturer has registered; and  (3) A list that identifies which manufacturers are in compliance with this chapter.  (b) Review and approve manufacturer plans that comply with this chapter and are submitted annually by manufacturers choosing to implement a manufacturer program for recycling covered electronic products.  (c) Review and approve the corporations plan as established by  23-24.10-11.  (d) Review and adopt the return share and return share by weight for all manufacturers, except television and printer manufacturers, for the following year as determined by the corporation pursuant to  23-24.10-11. The department shall review and adopt the market share and market share by weight for all television and printer manufacturers for the following year as determined by the corporation pursuant to  23-24.10-11.  (e) By September 15 of each year, notify each manufacturer that had a return share determined under  23-24.10-11 its return share and its return share by weight for the following year. By September 15 of each year, notify each television and printer manufacturer that had a market share determined under  23-24.10-11 its market share and its market share by weight for the following year.  (f) Review and adopt the recycling fee for all manufacturers as determined by the corporation pursuant to  23-24.10-11.  (g) By September 15 prior to the program year for which a revised cost per pound is to be used in accordance with the provisions of  23-24.10-11 the department shall notify all registered manufacturers of the revised cost per pound.  (h) Report biennially to the general assembly on the operation of the statewide system for collection, transportation, and recycling of covered electronic products.  (i) Environmentally sound recycling and reuse. The department shall develop and adopt regulations no later than January 30, 2009, to define environmentally sound recycling and reuse practices for the manufacturers plans and the state program. These regulations will apply to collectors, transporters, and processors, and should ensure that all their downstream vendors comply with all local, state, and federal regulations, and must not violate laws in importing and transit countries when exporting environmentally sensitive materials throughout final disposition.  (j) Regulatory authority. The department may adopt such regulations as shall be necessary to implement the provisions of this chapter and may include exemptions from provisions of this chapter as deemed appropriate by the department.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3; P.L. 2010, ch. 122,  1; P.L. 2017, ch. 391,  1; P.L. 2017, ch. 430,  1. 
 23-24.10-13. State procurement. (a) No later than January 1, 2009, all state agencies shall meet at least ninety-five percent (95%) of their annual purchasing requirements with electronic products registered to the Electronic Product Environmental Assessment Tool (EPEAT) unless there is no EPEAT standard for such product.  (b) All vendors of electronic products to the state shall provide take-back and management services for their products at the end of life of those products and must be in compliance with all the requirements of this section. Vendors shall provide assurances that all take-back and management services will operate in compliance with all applicable environmental laws. Purchasing preference must be given to electronic products that incorporate design for the preservation of the environment.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3. 
 23-24.10-14. Multistate implementation. The department and the corporation are authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3. 
 23-24.10-15. Limitations. If a federal law or combination of federal laws take effect that is applicable to all covered electronic products sold in the United States and establishes a program for the collection and recycling or reuse of covered electronic products, the department shall evaluate whether such laws provide a solution that is equal to or better than the program created by this act. The department shall report its findings back to the legislature.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3. 
 23-24.10-16. Violations. A violation of any of the provisions of this law or any rule or regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further violation, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for each violation.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3. 
 23-24.10-17. Severability. The provisions of this chapter shall be severable, and if any part of this chapter is declared to be invalid or void by a court of competent jurisdiction, the remaining portion shall not be affected but shall remain in full force and effect and shall be construed to be the entire chapter.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3. 
 23-24.10-2. Findings. (a) The general assembly finds televisions, computers and other electronics are omnipresent in modern society, and the number of obsolete, worn-out or otherwise used televisions, computers and other electronic products are increasing;  (b) Used televisions and computers contain lead, mercury and other hazardous substances that pose a threat to human health and the environment if improperly disposed of at the end of their useful life;  (c) Cathode ray tubes are estimated to be the largest current source of lead in the states municipal solid waste stream;  (d) Many flat-panel-display televisions, computer monitors and laptop computers contain a mercury-containing lamp for backlighting purposes;  (e) The reuse, repair and recycling of televisions and computers protect public health and the environment by reducing the potential for the release of heavy metals and mercury from landfills and municipal waste combustors into the environment, provide jobs and business opportunities for state residents, recover valuable components and materials, reduce energy consumption, air and water pollution and greenhouse gas emissions, and conserve valuable landfill space;  (f) The state of Rhode Island has an interest in resource conservation, waste minimization, landfill capacity management, pollution prevention, job creation and recycling;  (g) The Rhode Island mercury reduction and education commission recommended that electronic waste be banned from disposal as solid waste, be managed through recycling or as hazardous waste, and be handled in a manner consistent with products covered by the Mercury Reduction and Education Act;  (h) The commission also recommended that a system of producer responsibility for the collection and recycling of covered electronic devices is the most effective and equitable means of keeping this toxic waste out of landfills, alleviating the full financial and physical burden placed on the state and municipal governments for handling e-waste, while also providing a powerful incentive for manufacturers to reduce toxins and redesign products for recycling; and  (i) The general assembly finds that the establishment of a comprehensive system to provide for the collection, reuse and recycling of electronic products in this state is consistent with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the quality of the environment, conserve natural resources, prevent air, water and land pollution and stimulate economic growth.  History of Section.P.L. 2006, ch. 365,  1; P.L. 2006, ch. 447,  1. 
 23-24.10-3. Definitions. For the purposes of this chapter: (1) Collector means a public or private entity that receives covered electronic devices and arranges for the delivery of the devices to a recycler.  (2) Computer often referred to as a personal computer or PC, means a desktop or notebook computer as further defined below, but does not mean an automated typewriter, electronic printer, mobile telephone, portable hand-held calculator, portable digital assistant (PDA), MP3 player, or other similar device. Computer does not include computer peripherals, commonly known as cables, mouse, or keyboard; computer servers marketed to professional users; or retail store terminals or cash registers used at customer checkout in the retail industry. Computer is further defined to include:  (i) Desktop computer means an electronic, magnetic, optical, electrochemical, or other high-speed data-processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a desktop computer is achieved through a standalone keyboard, standalone monitor or other display unit, and a standalone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor. A desktop computer is not designed for portability and generally utilizes an external monitor, keyboard, and mouse with an external or internal power supply for a power source. Desktop computer does not include an automated typewriter or typesetter; or  (ii) Notebook computer means an electronic, magnetic, optical, electrochemical, or other high-speed data-processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than nine inches (9) in size, and mouse or other pointing device, all of which are contained within the construction of the unit that comprises the notebook computer; supplemental standalone interface devices typically can also be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable hand-held calculator, or a portable digital assistant or similar specialized device. A notebook computer has an incorporated video display greater than nine inches (9) in size and can be carried as one unit by an individual. A notebook computer is sometimes referred to as a laptop and/or tablet computer.  (3) Corporation means the Rhode Island resource recovery corporation created and established pursuant to chapter 19 of title 23.  (4) Covered electronic products means:  (i) Computers (including central processing unit or CPU) as defined herein;  (ii) Computer monitors, including CRT monitors and flat panel monitors;  (iii) Combination units (CPUs with monitors);  (iv) Portable computers, such as tablets;  (v) Printers as defined in this section shall only be included as a covered electronic product if/once the total amount of printers exceeds twenty percent (20%) by weight of the total returns of covered electronics as determined by  23-24.10-11(a)(5) after January 1, 2020;  (vi) Televisions including CRT-based and non-CRT-based televisions, plasma, and LCD, or any similar video-display device with a screen greater than nine (9) inches diagonally and that contains a circuit board; and  (vii) Covered electronic products does not mean a computer, television, or video-display device that is: (a) A part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; or (b) Functionally or physically a part of, connected to, or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, (including diagnostic, monitoring, or other medical products as that term is defined under the Federal Food, Drug, and Cosmetic Act) or equipment used for security, sensing, monitoring, or anti-terrorism purposes; or (c) Contained within a home appliance, clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or (d) A handheld device used to access commercial mobile radio service and/or commercial mobile data service, as such service is defined in 47 C.F.R.  20.3.  (5) Department means the department of environmental management.  (6) Manufacturer means a person or entity who or that:  (i) Has a physical presence and legal assets in the United States of America; and  (A) Manufactures or manufactured a covered electronic product under a brand it owns; or is or was licensed to use;  (B) Sells or sold under a brand or label it owns or is or was licensed to use a covered electronic product produced by other suppliers; or  (C) Assumes the financial responsibility of manufacturer collection, transportation, or recycling as further defined herein; or  (D) Imports or imported a covered electronic product into the United States that is manufactured by a person without a presence in the United States; or  (E) Sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in subsection (b) herein, and elects to register in lieu of the importer.  (7) Manufacturer program means a statewide program for collecting, transporting, and recycling covered electronic products that is provided by the manufacturer, either individually or as a group.  (8) Market share means a television or printer manufacturers national sales of televisions or printers, respectively, expressed as a percentage of the total of all television or printer manufacturers national sales based on the best available public data.  (9) Market share by weight means the minimum total weight of covered electronic products, i.e. televisions and/or printers, that an individual manufacturer is responsible for collecting, transporting, and recycling.  (10) Monitor means a video-display device without a tuner that can display pictures and sound and is used with a computer.  (11) Orphan waste means covered electronic products for which no manufacturer can be identified or the manufacturer is no longer in business and no successor business can be identified or a de minimis quantity of brands with no greater than one percent (1%) market share or return share to be determined annually by the corporation.  (12) Person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.  (13) Premium service means services such as at-location system upgrade services and at-home pickup services, including curbside pickup service.  (14) Printer means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service that are designed to reside on a work surface, and include various print technologies, including, without limitation, laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and multi-function or all-in-one devices that perform different tasks, including, without limitation, copying, scanning, faxing, and printing. Printers do not include floor-standing printers, printers with optional floor stand, point-of-sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non-standalone printers that are embedded into products that are not covered electronic products.  (15) Program year means January 1 through December 31, also referred to as calendar year.  (16) Recycler means a public or private individual or entity who accepts covered electronic devices directly from the public or from collectors for the purpose of recycling. A manufacturer who takes products solely for refurbishment or repair is not a recycler. A recycler may also be a collector if the recycler meets the definition of a collector.  (17) Retailer means a person or entity who or that sells a covered electronic product in the state to a consumer. Retailer includes, but is not limited to, a manufacturer of a covered electronic product who sells directly to a consumer through any means, including, but not limited to, transactions conducted through sales outlets, catalogs, or the internet, or any similar electronic means, but not including leasing, commercial financing, or wholesale transactions with a distributor or other retailer.  (18) Return share means the share of covered electronic products, except televisions and printers, that an individual manufacturer is responsible for collecting, transporting, and recycling.  (19) Return share by weight means the minimum total weight of covered electronic products, except televisions and printers, that an individual manufacturer is responsible for collecting, transporting, and recycling.  (20) State program means a statewide program for collecting, transporting, and recycling covered electronic products that is provided by the resource recovery corporation for manufacturers who pay a recycling fee.  (21) Television means any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.  (22) Video-display devices means and includes units capable of presenting images electronically on a screen, with a viewable area greater than nine inches (9") when measured diagonally, viewed by the user and may include cathode ray tubes, flat-panel computer monitors, plasma displays, liquid crystal displays, rear- and front-enclosed projection devices, and other similar displays that exist or may be developed.  History of Section.P.L. 2006, ch. 365,  1; P.L. 2006, ch. 447,  1; P.L. 2008, ch. 105,  1; P.L. 2008, ch. 126,  1; P.L. 2010, ch. 122,  1; P.L. 2017, ch. 391,  1; P.L. 2017, ch. 430,  1. 
 23-24.10-4. Scope of products covered. The scope of products is the same as covered electronic products and includes products from covered electronic product generators. The department is hereby authorized to modify the scope of products through regulations.  History of Section.P.L. 2006, ch. 365,  1; P.L. 2006, ch. 447,  1. 
 23-24.10-5. Disposal ban. (1) After January 31, 2009, no person shall dispose of any of the covered electronic products in a manner other than by recycling or disposal as hazardous waste.  (2) This ban on disposal shall apply to whole units of covered electronic products, as well as to the constituent subunits and materials from which the units are made.  (3) No solid waste landfill or transfer station regulated pursuant to chapter 23-18.9 shall accept any covered electronic products for the purposes of disposal after January 31, 2009. All solid waste landfills and transfer stations regulated pursuant to chapter 23-18.9 shall establish procedures to promote segregation of covered electronic products from the waste stream, shall document those procedures in the facility operating plan, and shall implement those procedures as part of the operation of the facility.  History of Section.P.L. 2006, ch. 365,  1; P.L. 2006, ch. 447,  1; P.L. 2008, ch. 187,  1; P.L. 2008, ch. 475,  68. 
 23-24.10-6. Manufacturer individual financial responsibility. (a) On the effective date of this section, for covered electronic products other than televisions and printers, manufacturers have individual financial responsibility for the collection, transportation, and recycling of their covered electronic products and adjusted share of orphan waste that have been discarded by households or public and private elementary and secondary schools in Rhode Island.  (b) On the effective date of this section, for televisions and printers, each television and printer manufacturer has financial responsibility for the collection, transportation, and recycling of televisions and printers, respectively, and an adjusted share of orphan waste, that have been discarded by households or public and private elementary and secondary schools in Rhode Island, based on the television or printer manufacturers market share.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3; P.L. 2017, ch. 391,  1; P.L. 2017, ch. 430,  1. 
 23-24.10-7. Sales and labor prohibitions. (a) A manufacturer not in compliance with all financial and other requirements of this chapter is prohibited from offering a covered electronic product for sale in this state.  (b) It shall be unlawful for any retailer and/or manufacturer to offer for sale in this state a new covered electronic product from a manufacturer that is not in full compliance with the requirements of this chapter. The department shall maintain a list of all manufacturers in compliance with the requirements of this chapter and post the list on an Internet website. Retailers of products in or into the state shall consult the list prior to selling covered electronic products in this state. A retailer shall be considered to have complied with this responsibility if, on the date that the product was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the aforementioned website. All manufacturers will be considered in compliance with the purposes of this section until the department publishes the first requirements of this chapter for the listing.  (c) It shall be unlawful for facilities that recycle covered electronic products, including all downstream recycling operations, to use prison labor to recycle covered electronic products.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3. 
 23-24.10-8. Labeling and registration requirements. (a) On and after the effective date of this section, a manufacturer or retailer may not sell or offer for sale a covered electronic product in the state unless it is labeled with the manufacturers brand and the label is permanently affixed and readily visible.  (b) Registration. Before October 15 of each year, a manufacturer of covered electronic products sold or offered for sale in this state shall register with and pay a fee of five thousand dollars ($5,000) to the department. The registration shall include:  (1) A list of all the brands manufactured, sold, or imported by the manufacturer, including those brands being offered for sale in this state by the manufacturer;  (2) A statement of whether the manufacturer will be implementing a manufacturer program or utilizing the state program for recycling covered electronic products; and  (3) Any other information required by the department to implement this chapter.  (c) By January 1, 2009, each manufacturer, as defined in  23-24.10-3, of new covered electronic products offered for sale for delivery in this state shall register with the department and pay to the department a registration fee of five thousand dollars ($5,000). Thereafter, if a manufacturer has not previously filed a registration, the manufacturer shall file a registration with the department prior to any offer for sale for delivery in this state of the manufacturers new covered electronic products and shall pay to the department a registration fee of five thousand dollars ($5,000). Any manufacturer to whom or to which the department provides notification of a return share, return share by weight, market share or market share by weight pursuant to  23-24.10-12(d) and (e) and who has not previously filed a registration shall, within thirty (30) days of receiving such notification, file a registration with the department and shall pay to the department a registration fee of five thousand dollars ($5,000).  (d) If a manufacturer has a return share or market share but has not sold units in the state for three (3) years or more, the manufacturer is still required to register but is not required to pay the five thousand dollar ($5,000) registration fee.  (1) Each registered manufacturer shall submit an annual renewal of its registration to the department by October 15 of each year.  (2) The registration and each annual renewal shall include a list of all of the manufacturers brands of covered electronic products and shall be effective upon receipt by the department.  (3) All registration fees collected by the department shall be deposited in the environmental response fund established pursuant to  23-19.1-23.  (4) Manufacturers who or that no longer sell or deliver covered electronic products in the state via POS or internet but still have a return or market share must register with the department but shall not be required to pay the five thousand dollar ($5,000) registration fee but shall be required to bear manufacturer responsibility pursuant to  23-24.10-9.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3; P.L. 2010, ch. 122,  1; P.L. 2017, ch. 391,  1; P.L. 2017, ch. 430,  1. 
 23-24.10-9. Manufacturer responsibility. (a) A manufacturer choosing to implement a manufacturer program shall submit a plan to the department by October 15 each year, by way of a template created by the department, with two (2) years of possible renewal at the time of payment of the annual registration fee required under  23-24.10-8(c).  (b) The manufacturers plan must describe how the manufacturer will:  (1) Finance, manage, and conduct a statewide program to collect covered electronic products from households and public and private elementary and secondary schools in this state;  (2) Provide for environmentally sound management practices to collect, transport, and recycle covered electronic products;  (3) Provide for advertising and promotion of collection opportunities statewide and on a regular basis; and  (4) Include convenient service statewide. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of the area being served. A program may provide collection service jointly with another program and may include, but not be limited to, mail-back programs and collection events.  (c) The plan shall include a statement disclosing whether: (1) Any video display devices sold in Rhode Island exceed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated diphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous substances in electrical and electronic equipment) Directive 2002/95/EC of the European Parliament and of the Council and any amendments thereto enacted as of the date; or (2) The manufacturer has received an exemption from one or more of those maximum concentration values under the RoHS directive that has been approved and published by the European commission.  (d) A manufacturer choosing to implement a manufacturer program shall:  (1) Provide for collection, transportation, and recycling of covered electronic products from households and public and private elementary and secondary schools free of charge and a manufacturer that provides premium service for a person may charge for the additional cost of that premium service.  (2) Implement the plan and provide quarterly reports to the department no later than April 30, July 31, October 31 each year showing the progress of the plan to date, and a final report shall be due February 1 of each year that details how the plan required under this section was implemented during the previous calendar year on a reporting template as provided by the department. This report shall include operating hours and quantities collected from each collection location or collection event during the reporting period.  (3) [Deleted by P.L. 2017, ch. 391,  1 and P.L. 2017, ch. 430,  1].  (e) A group of manufacturers, except television manufacturers, may choose to implement a manufacturer program as one entity if in doing so the manufacturers meet the sum of their individual return shares by weight under  23-24.10-12(d) and that sum is at least five percent (5%). A group of television manufacturers may choose to implement a manufacturer program as one entity if in doing so the manufacturers meet the sum of their individual market shares under  23-24.10-12(d) and that share is at least five percent (5%).  (f) By February 1 of each year, a manufacturer who or that does not meet ninety percent (90%) of its share for the previous calendar year shall pay the corporation for the amount under ninety percent (90%) not achieved at a rate determined and enforceable by the department to be equivalent to the amount the manufacturer would have paid as defined under  23-24.10-11(d) plus ten percent (10%) to be paid to the department, and which shall be the per-pound fee for the prior year multiplied by the manufacturers return share as established prior to the start of the program year. The remaining variance shall be addressed and reconciled in the plans final report (pursuant to subsection (d) of this section) and an amended plan shall also be submitted. Manufacturers are allowed a ten percent (10%) variance (over or under collected) to be carried forward to the new plan year. Collections of greater than one hundred ten percent (110%) will not be allowed to carry forward. The purchase of extra weight between plans is allowed with prior approval of the department.  (g) A manufacturer with less than a five percent (5%) return share or market share is required to participate in the state program under  23-24.10-11. A manufacturer who or that does not have an approved manufacturers plan shall participate in the state program under  23-24.10-11.  (h) A manufacturer participating in the state program under  23-24.10-11 shall notify the department at the time of its registration each year.  (i) By April 1 of each year, a manufacturer who or that participates in the state program shall pay a recycling fee to the corporation in an amount adopted by the department under  23-24.10-12 to cover the costs of collecting, transporting, and recycling the manufacturers annual share of covered electronic products for the following year.  (j)(1) A manufacturer program, the state program, or a collector participating in a manufacturer program or the state program may not charge a fee to households or public and private elementary and secondary schools for the collection, transportation, or recycling of any covered electronic products defined in  23-24.10-3.  (2) A collector who or that provides a premium service to a person may charge for the additional cost of providing the premium service.  History of Section.P.L. 2008, ch. 105,  3; P.L. 2008, ch. 126,  3; P.L. 2010, ch. 122,  1; P.L. 2017, ch. 391,  1; P.L. 2017, ch. 430,  1. 
 23-24.11-1. Short title. This act shall be known and may be cited as the Comprehensive Childrens Jewelry Safety Act.  History of Section.P.L. 2012, ch. 377,  1; P.L. 2012, ch. 393,  1. 
 23-24.11-2. Definitions. (a) Childrens jewelry means jewelry designed or intended primarily for use by children twelve (12) years of age or younger to be worn as an item of personal ornamentation, and does not include:  (1) Toys or other products intended for use when a child plays;  (2) Accessories;  (3) Apparel;  (4) Footwear; or  (5) Any other product whose purpose is primarily functional and not ornamental.  (b) ASTM F 2923-11 means the ASTM (American Society for Testing and Materials) International Standard Specification for Consumer Product Safety for Childrens Jewelry in effect on January 1, 2012.  History of Section.P.L. 2012, ch. 377,  1; P.L. 2012, ch. 393,  1. 
 23-24.11-3. Requirements. All childrens jewelry sold one hundred eighty (180) days after the effective date of this act shall meet the requirements of ASTM F 2923-11.  History of Section.P.L. 2012, ch. 377,  1; P.L. 2012, ch. 393,  1; P.L. 2014, ch. 45,  1; P.L. 2014, ch. 53,  1. 
 23-24.11-4. Duration. The provisions of this chapter shall remain in effect until a superseding federal standard for childrens jewelry takes effect.  History of Section.P.L. 2012, ch. 377,  1; P.L. 2012, ch. 393,  1. 
 23-24.12-1. Purpose. (a) To establish a cost-effective, convenient, statewide system for the collection, recycling and reuse of post-consumer paint.  (b) To develop a comprehensive strategy, with the cooperation of state entities, producers, and retailers, for the proper management of post-consumer paint in a safe and environmentally sound manner.  (c) To provide fiscal and regulatory consistency for all producers of paint that participate in the collection system authorized in this chapter.  (d) To establish effective collection, recycling, management and education programs resulting in collection of amounts of unused paint consistent with the goals and targets established pursuant to this chapter.  History of Section.P.L. 2012, ch. 442,  1; P.L. 2012, ch. 484,  1. 
 23-24.12-2. Management of unused architectural paint  Definitions. (1) Architectural paint means interior and exterior architectural coatings sold in containers of five (5) gallons or less. Architectural paint does not include industrial, original equipment or specialty coatings.  (2) Department means the department of environmental management.  (3) Director means the director of the department of environmental management.  (4) Distributor means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in this state.  (5) Environmentally sound management practices means procedures for the collection, storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by the representative organization or such representative organizations contracted partners to ensure compliance with all applicable federal, state and local laws, regulations and ordinances and the protection of human health and the environment. Environmentally sound management practices include, but are not limited to, record keeping, the tracking and documenting of the use and disposition of post-consumer paint in and outside of this state, and environmental liability coverage for professional services and for the operations of the contractors working on behalf of the representative organization.  (6) Paint stewardship assessment means the amount added to the purchase price of architectural paint sold in this state that is necessary to cover the cost of collecting, transporting and processing post-consumer paint by the representative organization pursuant to the paint stewardship program.  (7) Post-consumer paint means architectural paint that is not used and that is no longer wanted by a purchaser of architectural paint.  (8) Producer means a manufacturer of architectural paint who sells, offers for sale, distributes or contracts to distribute architectural paint in this state.  (9) Recycling means any process by which discarded products, components and by-products are transformed into new, usable or marketable materials in a manner in which the original products may lose their identity.  (10) Representative organization means the nonprofit organization created by producers to implement the paint stewardship program described in  23-24.11-3.  (11) Retailer means any person who offers architectural paint for sale at retail in this state.  (12) Reuse means the return of a product into the economic stream for use in the same kind of application as the product was originally intended to be used, without a change in the products identity.  (13) Sell or sale means any transfer of title for consideration including, but not limited to, remote sales conducted through sales outlets, catalogues, the Internet or any other similar electronic means.  History of Section.P.L. 2012, ch. 442,  1; P.L. 2012, ch. 484,  1. 
 23-24.12-3. Establishment of paint stewardship program. (a) On or before March 1, 2014, each producer shall join the representative organization and such representative organization shall submit a plan for the establishment of a paint stewardship program to the department for approval. The program shall minimize the public sector involvement in the management of post-consumer paint by reducing the generation of post-consumer paint, negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an appropriately licensed facility post-consumer paint using environmentally sound management practices.  (b) The program shall also provide for convenient and available state-wide collection of post-consumer paint that, at a minimum, provides for collection rates and convenience greater than the collection programs available to consumers prior to such paint stewardship program; propose a paint stewardship assessment; include a funding mechanism that requires each producer who participates in the representative organization to remit to the representative organization payment of the paint stewardship assessment for each container of architectural paint sold within the state; include an education and outreach program to help ensure the success of the program; and, work with the department and Rhode Island commerce corporation to identify ways in which the state can motivate local infrastructure investment, business development and job creation related to the collection, transportation and processing of post-consumer paint.  (c) The plan submitted to the department pursuant to this section shall:  (1) Identify each producer participating in the paint stewardship program and the brands of architectural paint sold in this state covered by the program;  (2) Identify how the representative organization will provide convenient, statewide accessibility to the program;  (3) Set forth the process by which an independent auditor will be selected and identify the criteria used by the representative organization in selecting independent auditor;  (4) Identify, in detail, the educational and outreach program that will be implemented to inform consumers and retailers of the program and how to participate;  (5) Identify the methods and procedures under which the paint stewardship program will be coordinated with the Rhode Island resource recovery corporation;  (6) Identify, in detail, the operational plans for interacting with retailers on the proper handling and management of post-consumer paint;  (7) Include the proposed, audited paint assessment as identified in this section;  (8) Include the targeted annual collection rate;  (9) Include a description of the intended treatment, storage, transportation and disposal options and methods for the collected post-consumer paint; and  (10) Be accompanied by a fee in the amount of two thousand five hundred dollars ($2,500) to be deposited into the environmental response fund to cover the review of said plan by the department.  (d) Not later than sixty (60) days after submission of a plan pursuant to this section, the department shall make a determination whether to:  (1) Approve the plan as submitted;  (2) Approve the plan with conditions; or  (3) Deny the plan.  (e) Not later than three (3) months after the date the plan is approved, the representative organization shall implement the paint stewardship program.  (f) On or before March 1, 2014, the representative organization shall propose a uniform paint stewardship assessment for all architectural paint sold in this state. Such proposed paint stewardship assessment shall be reviewed by an independent auditor to assure that such assessment is consistent with the budget of the paint stewardship program described in this section and such independent auditor shall recommend an amount for such paint stewardship assessment to the department. The department shall be responsible for the approval of such paint stewardship assessment based upon the independent auditors recommendation. If the paint stewardship assessment previously approved by the department pursuant to this section is proposed to be changed, the representative organization shall submit the new, adjusted uniform paint stewardship assessment to an independent auditor for review. After such review has been completed, the representative organization shall submit the results of said auditors review and a proposal to amend the paint stewardship assessment to the department for review. The department shall review and approve, in writing, the adjusted paint stewardship assessment before the new assessment can be implemented. Any proposed changes to the paint stewardship assessment shall be submitted to the department no later than sixty (60) days prior to the date the representative organization anticipates the adjusted assessment to take effect.  (g) On and after the date of implementation of the paint stewardship program pursuant to this section, the paint stewardship assessment shall be added to the cost of all architectural paint sold to retailers and distributors in this state by each producer. On and after such implementation date, each retailer or distributor, as applicable, shall add the amount of such paint stewardship assessment to the purchase price of all architectural paint sold in this state.  (h) Any retailer may participate, on a voluntary basis, as a paint collection point pursuant to such paint stewardship program and in accordance with any applicable provision of law or regulation.  (i) Each producer and the representative organization shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a violation of antitrust law, to the extent such producer or representative organization is exercising authority pursuant to the provisions of this section.  (j) Not later than the implementation date of the paint stewardship program, the department shall list the names of participating producers the brands of architectural paint covered by such paint stewardship program and the cost of the approved paint stewardship assessment on its website.  (k)(1) On and after the implementation date of the paint stewardship program, no producer, distributor or retailer shall sell or offer for sale architectural paint to any person in this state if the producer of such architectural paint is not a member of the representative organization.  (2) No retailer or distributor shall be found to be in violation of the provisions of this section if, on the date the architectural paint was ordered from the producer or its agent, the producer or the subject brand of architectural paint was listed on the departments website in accordance with the provisions of this section.  (l) Producers or the representative organization shall provide retailers with educational materials regarding the paint stewardship assessment and paint stewardship program to be distributed at the point of sale to the consumer. Such materials shall include, but not be limited to, information regarding available end-of-life management options for architectural paint offered through the paint stewardship program and information that notifies consumers that a charge for the operation of such paint stewardship program is included in the purchase price of all architectural paint sold in this state.  (m) On or before October 15, 2015, and annually thereafter, the representative organization shall submit a report to the director of the department of environmental management that details the paint stewardship program. Said report shall include a copy of the independent audit detailed in subdivision (4) below. Such annual report shall include, but not be limited to:  (1) A detailed description of the methods used to collect, transport and process post-consumer paint in this state;  (2) The overall volume of post-consumer paint collected in this state;  (3) The volume and type of post-consumer paint collected in this state by method of disposition, including reuse, recycling and other methods of processing or disposal;  (4) The total cost of implementing the program, as determined by an independent financial audit, as performed by an independent auditor;  (5) An evaluation of the adequacy of the programs funding mechanism;  (6) Samples of all educational materials provided to consumers of architectural paint and participating retailers; and  (7) A detailed list of efforts undertaken and an evaluation of the methods used to disseminate such materials including recommendations, if any, for how the educational component of the program can be improved.  (n) The representative organization shall update the plan, as needed, when there are changes proposed to the current program. A new plan or amendment will be required to be submitted to the department for approval when:  (1) There is a change to the amount of the assessment; or  (2) There is an addition to the products covered under the program; or  (3) There is a revision of the product stewardship organizations goals: or  (4) Every four (4) years, if requested, in writing, by the department the representative organization shall notify the department annually, in writing, if there are no changes proposed to the program and the representative organization intends to continue implementation of the program as previously approved by the department.  History of Section.P.L. 2012, ch. 442,  1; P.L. 2012, ch. 484,  1. 
 23-24.12-4. Regulations. The department shall promulgate regulations recognizing conditionally exempt small quantity generators of hazardous waste consistent with federal Environmental Protection Agency standards. The department is hereby authorized to promulgate additional rules and regulations as necessary to implement and carry out the provisions of this chapter.  History of Section.P.L. 2012, ch. 442,  1; P.L. 2012, ch. 484,  1. 
 23-24.12-5. Violations. A violation of any of the provisions of this chapter or any rule or regulation promulgated pursuant to  23-24.11-4 shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any subsequent violation, the civil penalty shall not exceed five thousand dollars ($5,000) for each violation.  History of Section.P.L. 2012, ch. 442,  1; P.L. 2012, ch. 484,  1. 
 23-24.12-6. Reporting to the general assembly. Not later than January 15, 2016, and biennially thereafter, the director shall submit a report to the general assembly that describes the results and activities of the paint stewardship program as enacted pursuant to this chapter including any recommendations to improve the functioning and efficiency of the paint collection program, as necessary.  History of Section.P.L. 2012, ch. 442,  1; P.L. 2012, ch. 484,  1. 
 23-24.2-1. Short title. This chapter may be cited as the Flammable Fabrics Act. History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-1; P.L. 1979, ch. 39,  1. 
 23-24.2-10. Exclusions. The provisions of this chapter shall not apply: (1) To any common carrier, contract carrier, or freight forwarder in transporting a product, fabric, or related material shipped or delivered for shipment into commerce in the ordinary course of its business;  (2) To any converter, processor, or finisher in performing a contract or commission service for the account of a person subject to the provisions of this chapter; provided, that the converter, processor, or finisher does not cause any product, fabric, or related material to become subject to this chapter contrary to the terms of the contract or commission service; or  (3) To any product, fabric, or related material shipped or delivered for shipment into commerce for the purpose of finishing or processing that product, fabric, or related material so that it conforms with applicable flammability standards issued or amended under the provisions of  23-24.2-4.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-10; P.L. 1979, ch. 39,  1. 
 23-24.2-11. Investigations. (a) The consumer protection unit of the department of attorney general shall conduct a continuing study and investigation of the deaths, injuries, and economic losses resulting from the accidental burning of products, fabrics, or related materials. The consumer protection unit of the department of attorney general shall submit annually a report to the governor and to the general assembly the results of the study and investigation.  (b) In cooperation with appropriate public and private agencies, the consumer protection unit of the department of attorney general is authorized to:  (1) Conduct research into the flammability of products, fabrics, and materials;  (2) Conduct feasibility studies on reduction of flammability of products, fabrics, and materials;  (3) Develop flammability test methods and testing devices; and  (4) Offer appropriate training in the use of flammability test methods and testing devices.  (c) The consumer protection unit of the department of attorney general shall annually report the results of these activities to the general assembly.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-11; P.L. 1979, ch. 39,  1. 
 23-24.2-12. Advisory committee for flammable fabrics. (a) The consumer protection unit of the department of attorney general shall appoint a state advisory committee for the Flammable Fabrics Act, composed of not less than nine (9) members who are fairly representative of manufacturers, distributors, and the consuming public. Each member appointed by the consumer protection unit of the department of attorney general shall hold office for not more than two (2) years, except that any member may be reappointed.  (b) No compensation shall be given to the members of the advisory committee for their services.  (c) The consumer protection unit of the department of attorney general shall consult with the advisory committee before prescribing flammability standards or other regulations established under this chapter.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-12; P.L. 1979, ch. 39,  1. 
 23-24.2-2. Definitions. As used in this chapter: (1) Article of wearing apparel means any costume or article of clothing worn or intended to be worn by individuals.  (2) Attorney general means the attorney general of the state.  (3) Commerce means the advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of the state.  (4) Deceptive Trade Practices Act means chapter 13.1 of title 6.  (5) Fabric means any material (except fiber, filament, or yarn from other than retail sale) woven, knitted, felted, or produced from or in combination with any natural or synthetic fiber, film, or substitute for it which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision (8).  (6) Interior furnishing means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used in homes, offices, or other places of assembly or accommodation.  (7) Person means an individual, partnership, corporation, association, or any other form of business enterprise.  (8) Product means any article of wearing apparel or interior furnishing.  (9) Related material means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision (8).  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-2; P.L. 1979, ch. 39,  1. 
 23-24.2-3. Prohibited transactions. (a) The manufacture for sale, the sale, or the offering for sale, in commerce, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of  23-24.2-4, shall be unlawful and shall be an unfair method of competition and unfair and deceptive act or practice in commerce under the Deceptive Trade Practices Act, chapter 13.1 of title 6.  (b) The manufacture for sale, the sale, or the offering for sale of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under  23-24.2-4 and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Deceptive Trade Practices Act, chapter 13.1 of title 6.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-3; P.L. 1979, ch. 39,  1. 
 23-24.2-4. Regulation of flammable fabrics. (a) Whenever the director finds on the basis of the investigations or research conducted pursuant to  23-24.2-11 that a new or amended flammability standard or other regulation, including labeling, for a fabric, related material, or product may be needed to protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage, he or she shall institute proceedings for the determination of an appropriate flammability standard (including conditions and manner of testing) or other regulation or amendment to it for the fabric, related material, or product, so that state standards on those products are in conformity with or more stringent than federal regulations.  (b) Each standard, regulation, or amendment to it promulgated pursuant to this section shall be based on findings that the standard, regulation, or amendment to it is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death, injury, or significant property damage, is reasonable, technologically practicable, and appropriate, is limited to those fabrics, related materials, or products which have been determined to present unreasonable risks, is in conformity with any federal regulations on those products, and shall be stated in objective terms. Each standard, regulation, or amendment to it, shall become effective twelve (12) months from the date on which the standard, regulation, or amendment is promulgated, unless the director finds for good cause shown that an earlier or later effective date is in the public interest and publishes the reason for that finding. Each standard or regulation or amendment to it shall exempt fabrics, related materials, or products in inventory or with the trade as of the date on which the standard, regulation, or amendment to it, becomes effective; except that, if the director finds that this fabric, related material, or product is so highly flammable as to be dangerous when used by consumers for the purpose for which it is intended, he or she may under any conditions as the director may prescribe, withdraw or limit the exemption for the fabric, related material, or product.  (c) The director may obtain from any person by regulation or subpoena issued pursuant to it any information in the form of testimony, books, records, or other writings as is pertinent to the findings or determinations which he or she is required or authorized to make pursuant to this chapter. All information reported to or obtained by the director or his or her representative pursuant to this subsection, which information contains or is related to trade secrets, processes, operations, style of work, or apparatus, or to identity, confidential statistical data, amount or source of income, profits, losses or expenditures of any person, shall be considered confidential; except that the information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. Nothing in this section shall authorize the withholding of information by the director or any officer or employee under his or her control, from the duly authorized committees of the general assembly.  (d) The provisions of chapter 35 of title 42 shall apply to the issuance of all standards or regulations or amendments to it under this section.  (e)(1) Any person, who will be adversely affected by any standard or regulation or amendment to it when it is effective, may, at any time prior to the sixtieth (60th) day after the standard or regulation or amendment to it is issued, file a petition with the Rhode Island superior court for the county where that person resides or transacts business or, if that person is a nonresident or has no principal place of business within this state or if the superior court shall not be in session in the counties applicable as provided, may be brought in the superior court of Providence County for a judicial review of it. A copy of the petition shall be immediately transmitted by the clerk of the court to the director or other office designated by him or her for that purpose. The director then shall file in the court the record of the proceedings on which the director based the standard or regulation, as provided in  42-35-15(a).  (2) If the petitioner applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce that evidence in the proceeding before the director, the court may order that additional evidence (and evidence in rebuttal of it) to be taken before the director and to be adduced upon the hearing, in any manner and upon any terms and conditions as to the court may deem proper. The director may modify his or her findings, or make new findings, by reason of the additional evidence taken, and he or she shall file these modified or new findings, and his or her recommendations, if any, for the modification or setting aside of his or her original standard or regulation or amendment to it with the return of that additional evidence.  (3) Upon the filing of the petition referred to in subdivision (1) of this subsection, the court shall have jurisdiction to review the standard or regulation in accordance with  42-35-15 and to grant appropriate relief as provided in this chapter.  (4) The judgment of the court affirming or setting aside, in whole or in part, this standard or regulation of the director shall be final, subject to review by the supreme court of the state of Rhode Island upon certiorari or certification as provided in  42-35-16.  (5) Any action instituted under this subsection shall survive, notwithstanding any change in the person occupying the office of director or any vacancy in that office.  (6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.  (f) A certified copy of the transcript of the record and proceedings under subsection (c) shall be furnished by the director to any interested party at his or her request, and payment of the costs of this transcript, and shall be admissible in any criminal or other proceeding arising under or in respect of this chapter, whether proceedings concerning the standard or regulation or amendment to these have previously been initiated or become final under subsection (e).  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-4; P.L. 1979, ch. 39,  1. 
 23-24.2-5. Administration and enforcement. (a) Except as otherwise specifically provided,  23-24.2-3, 23-24.2-6, 23-24.2-8(b) and this section shall be enforced by the attorney general of Rhode Island under rules, regulations, and procedures provided for in the Deceptive Trade Practices Act, chapter 13.1 of title 6.  (b) The attorney general is authorized and directed to prevent any person from violating the provisions of  23-24.2-3, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Deceptive Trade Practices Act were incorporated into and made a part of this chapter; and any person violating any provision of  23-24.2-3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Deceptive Trade Practices Act as though the applicable terms and provisions of the Deceptive Trade Practices Act were incorporated into and made a part of this chapter.  (c) The director is authorized and directed to prescribe any rules and regulations, including provisions for maintenance of records relating to fabrics, related materials, and products, that may be necessary and proper for administration and enforcement of this chapter. The violation of those rules and regulations shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Deceptive Trade Practices Act.  (d) The director is authorized to:  (1) Cause inspections, analyses, tests, and examinations to be made of any product, fabric, or related material which the director has reason to believe falls within the prohibitions of this chapter; and  (2) Cooperate on matters related to the purposes of this chapter with any department or agency of federal and Rhode Island state government, or with any department, agency, or political subdivision of these, or with any person.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-5; P.L. 1979, ch. 39,  1. 
 23-24.2-6. Embargoed articles  Condemnation and destruction. (a) Whenever the consumer protection unit of the department of attorney general finds or has probable cause to believe that any product, fabric, or related material fails to conform to an applicable standard under the provisions of  23-24.2-4, the consumer protection unit of the department of attorney general shall affix to that article a tag or other appropriate marking, giving notice that the article is or is suspected of being not in conformity with applicable standards promulgated under the provisions of  23-24.2-4 and has been detained or embargoed, and warning all persons not to remove or dispose of that article by sale or otherwise until permission for removal or disposal is given by the consumer protection unit of the department of attorney general under the court. It shall be unlawful for any person to remove or dispose of any detained or embargoed article by sale or otherwise without that permission.  (b) When an article detained or embargoed under subsection (a) has been found by the consumer protection unit of the department of attorney general to be not in conformity with standards under the provisions of  23-24.2-4, the consumer protection unit of the department of attorney general shall petition the proper judge of the court in whose jurisdiction the article is detained or embargoed for libel condemnation of the article. When the consumer protection unit of the department of attorney general has found that this detained or embargoed article is in conformity with standards under the provisions of  23-24.2-4, the consumer protection unit of the department of attorney general shall remove the tag or other marking.  (c) If the court finds that a detained or embargoed article is not in conformity with standards under the provisions of  23-24.2-4, the article shall, after entry of the decree, be destroyed at the expense of its claimant, under the supervision of the consumer protection unit of the department of attorney general, 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 article not in conformity with standards under the provisions of  23-24.2-4 can be corrected, the court, after entry of the decree and after the 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 its claimant for correction under the supervision of the consumer protection unit of the department of attorney general. The expense of the 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 consumer protection unit of the department of attorney general that the article is no longer in violation of this chapter and that the expenses of supervision have been paid.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-6; P.L. 1979, ch. 39,  1. 
 23-24.2-7. Penalties. Any person who violates  23-24.2-3 or 23-24.2-8(b) of this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five thousand dollars ($5,000) or be imprisoned not more than one year or both in the discretion of the court; provided, that nothing in this section shall limit other provisions of this chapter.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-7; P.L. 1979, ch. 39,  1. 
 23-24.2-8. Guaranty. (a)(1) No person shall be subject to prosecution under  23-24.2-7 for a violation of  23-24.2-3 if that person:  (i) Establishes a guaranty received in good faith, signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received, to the effect that reasonable and representative tests made in accordance with standards issued or amended under the provisions of  23-24.2-4 show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of  23-24.2-4; and  (ii) Has not, by further processing, affected the flammability of the fabric, related material, or product covered by the guaranty which he or she received.  (2) The guaranty shall be either:  (i) A separate guaranty specifically designating the product, fabric, or related material guaranteed, in which case it may be on the invoice or other paper relating to that product, fabric, or related material;  (ii) A continuing guaranty given by the seller to the buyer applicable to any product, fabric, or related material sold or to be sold to the buyer by the seller in a form as the consumer protection unit of the department of attorney general by rules and regulations may prescribe; or  (iii) A continuing guaranty filed with the consumer protection unit of the department of attorney general applicable to any product, fabric, or related material handled by a guarantor, in any form as the consumer protection unit of the department of attorney general by rules or regulations may prescribe.  (b) It shall be unlawful for any person to furnish, with respect to any product, fabric, or related material, a false guaranty (except a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person by whom the product, fabric or related material guaranteed was manufactured or from whom it was received) with reason to believe the product, fabric, or related material falsely guaranteed may be introduced, sold, or transported in commerce, and any person who violates the provisions of this subsection is guilty of an unfair method of competition and an unfair or deceptive act or practice in commerce within the meaning of the Deceptive Trade Practices Act, chapter 13.1 of title 6.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-8; P.L. 1979, ch. 39,  1. 
 23-24.2-9. Interpretation and severability. The provisions of this chapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other law. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the remainder of the chapter and the application of those provisions to any other person or circumstances shall not be affected by this chapter.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.3-9; P.L. 1979, ch. 39,  1. 
 23-24.3-1. Legislative findings. Some chemical solvents containing toxic chemicals including halogenated hydrocarbons and aromatic hydrocarbons are sold as sewerage system cleaners and degreasers. These chemicals are toxic, generally nonbiodegradable, and are a significant and unnecessary source of water pollution and groundwater contamination. When used to unblock or deodorize sewerage systems, they are introduced into the groundwater where they have adverse effects on the environment and health of the citizens of this state. It is the policy of this state to eliminate the introduction of these chemicals into the groundwaters of this state.  History of Section.P.L. 1982, ch. 358,  1. 
 23-24.3-2. Definitions. (a) Director means the director of environmental management or his or her designee.  (b) Groundwater means water collected and stored in the saturated zone beneath the ground surface.  (c) Person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, or political subdivision of a state.  (d) Restricted chemical material means any solid or liquid material or combination thereof, which contains concentrations in excess of one part per hundred by weight of:  (1) A halogenated hydrocarbon chemical (aliphatic or aromatic) including, but not limited to, trichloroethane, tetrachloroethylene, methylene chloride, halogenated benzenes, carbon tetrachloride, trichloroethylene, or  (2) Any aromatic hydrocarbon chemical including, but not limited to, benzene, toluene, naphthalene, or  (3) Any phenol derivative in which a hydroxy group and two (2) or more halogen atoms are bonded directly to a six (6) carbon aromatic ring including, but not limited to, trichlorophenol, pentachlorophenol, or  (4) Acrolein, acrylonitrile, or benzidine or any solid or liquid material or combination thereof which is designated a restricted chemical material by the director pursuant to  23-24.3-4.  (e) Sewerage system means any part of a wastewater disposal system including, but not limited to, toilets, piping, drains, sewers, septic tanks, distribution boxes, absorption or leaching fields, seepage pits, cesspools, and drywells.  (f) Sewerage system cleaner means any solid or liquid material or combination of these intended to be used or used primarily for the purpose of cleaning, treating, degreasing, unclogging, disinfecting, deodorizing, or enhancing the functioning of any part of a sewerage system. Excluded from this definition are liquid and solid products intended or used primarily for cleaning, scouring, treating, deodorizing, disinfecting, sanitizing, or sterilizing the surfaces of sinks and toilets and similar common plumbing fixtures.  History of Section.P.L. 1982, ch. 358,  1; P.L. 1983, ch. 293,  1; P.L. 1985, ch. 58,  1. 
 23-24.3-3. Distribution and use prohibited. (a) No person shall sell, distribute, or offer for sale in any manner any restricted chemical material for use as a sewerage system cleaner in this state.  (b) No person shall use, introduce, or apply or cause any other person to use, introduce, or apply any restricted chemical material in any sewerage system in this state.  History of Section.P.L. 1982, ch. 358,  1. 
 23-24.3-4. Powers and duties of the director. (a) The director shall have the authority to designate any sewerage system cleaner a restricted chemical material if he or she shall after investigation determine that its usage as a sewerage system cleaner may render groundwater unusable for drinking water purposes without physical, chemical, or biological treatment or may have a dangerous, deleterious, or injurious effect on the environment or health and welfare of the citizens of this state.  (b) Prior to designating a sewerage system cleaner a restricted chemical material, the director shall:  (1) Provide written notification to the manufacturer or manufacturers of the sewerage system cleaners of the directors intent to make that designation;  (2) Hold a public hearing at which the manufacturer or manufacturers of the sewerage system cleaner, the state of Rhode Island, and any other interested persons shall be given the right to be heard and present evidence, if within twenty (20) days after receipt of the written notification a manufacturer requests in writing a hearing; and  (3) Issue findings of fact based on the evidence presented at the hearing or his or her investigation.  (c) The director shall have the authority to require manufacturers, distributors, or retailers of sewerage system cleaners sold or offered for sale in this state to furnish to the director information regarding the chemical composition of that sewerage system cleaner and the nature and extent of investigations and research performed by the manufacturer concerning the effects of that sewerage system cleaner or groundwater systems. A manufacturer, distributor, or retailer may comply with these requirements of the director by furnishing to the director copies of the information which are applicable to the directors requirements and which have previously been submitted to federal or state agencies. The director shall keep confidential any information obtained pursuant to this section when requested by a manufacturer that shows that the information, if made public, would divulge competitive business information, methods, or processes entitled to protection as trade secrets.  (d) The director shall have the authority to issue orders to all persons engaged in the manufacture, distribution, or sale of sewerage system cleaners to carry out the provisions of this chapter including, but not limited to, ordering the recall of sewerage system cleaners being offered for sale in this state.  (e) The director shall have the authority to promulgate regulations to enforce the provisions of this chapter.  History of Section.P.L. 1982, ch. 358,  1; P.L. 1983, ch. 293,  1. 
 23-24.3-5. Enforcement proceedings. The superior court for Providence County shall have jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant to this chapter. Proceedings for enforcement may be instituted and prosecuted in the name of the director or state of Rhode Island and in any proceeding in which injunctive relief is sought it shall not be necessary for the director or state of Rhode Island to post a bond or show that without this relief the injury which will result will be irreparable or that the remedy at law is inadequate.  History of Section.P.L. 1982, ch. 358,  1. 
 23-24.3-6. Civil penalties. Any person who violates the provisions of this chapter, or of any rule, regulation, or order issued pursuant to this chapter shall be subject to a civil penalty to be assessed by the court or the director not exceeding one thousand dollars ($1000). In the case of a continuing violation, each days continuance shall constitute a separate and distinct offense.  History of Section.P.L. 1982, ch. 358,  1. 
 23-24.3-7. Criminal penalties  Recall order. (a) In addition to the civil sanctions provided for in  23-24.3-6, any person who knowingly violates any provision of this chapter or an order of the director shall, for the first offense, be guilty of a violation punishable by a fine of not more than five hundred dollars ($500). For a second and each subsequent offense, he or she shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500) or a term of imprisonment of not more than six (6) months, or both. In the case of a continuing violation, each days continuance shall constitute a separate and distinct offense.  (b) In addition to, or instead of, the penalties in subsection (a), the district or superior court may order a defendant, as part of his or her sentence, to recall any sewerage system cleaner offered for sale or distributed in violation of this chapter. The court shall set a reasonable time to accomplish the recall.  History of Section.P.L. 1982, ch. 358,  1. 
 23-24.3-8. Duties of attorney general. The attorney general shall prosecute all actions to enforce the provisions of this chapter and the regulations and orders issued pursuant to this chapter.  History of Section.P.L. 1982, ch. 358,  1. 
 23-24.3-9. Liberal construction  Severability. This chapter shall be liberally construed in order to achieve the purposes of this chapter. If any provision of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the remainder of the statute shall not be affected.  History of Section.P.L. 1982, ch. 358,  1. 
 23-24.4-1. Short title. This chapter may be cited as the Hazardous Substances Community Right To Know Act. History of Section.P.L. 1984, ch. 151,  1. 
 23-24.4-2. Purpose and findings. (a) It is found that the health and safety of the people of the state are threatened by the proliferation of hazardous substances and that the people can begin to control exposure to these substances and to remediate the effects of that exposure only by knowledge of what hazardous substances are being produced, used, stored, emitted, discharged, or transported within the state. It is further found that, while the department of environmental management is taking steps to make known to residents all available information on hazardous discharges or emissions within the state, residents of the state have no established means of access to employers lists of hazardous substances and material safety data sheets and that residents should have access to those lists and sheets.  (b) It is declared in the public interest and the policy of the state that residents of the state have access to those lists and safety sheets.  History of Section.P.L. 1984, ch. 151,  1. 
 23-24.4-3. Definitions. For the purpose of this chapter: (1) Department means the department of labor and training.  (2) Designated substance means any material designated as hazardous or toxic under the provisions of chapter 21 of title 28;  (3) Employer includes an individual, partnership, association, corporation, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee as defined under the provisions of chapter 21 of title 28;  (4) Material safety data sheet means the written document conforming to the Occupational Safety and Health Administration form 20 as maintained by employers under the provisions of chapter 21 of title 28;  (5) Resident means any person whose principal domicile is located in the state.  History of Section.P.L. 1984, ch. 151,  1. 
 23-24.4-4. Community access. (a) Any resident of the state shall have the right to make a reasonable request from the department for copies of lists of designated substances and material safety data sheets as defined in this chapter. These requests may be made in person during normal business hours or by mail.  (b) The department shall obtain the requested material as provided for in  23-24.4-5 and provide the resident making the request with the information within five (5) working days of obtaining the information from the employer; provided, however, that the director of labor and training shall have the right to refuse unreasonable requests.  (c) The department is empowered to impose a fee on the resident for each employer request, not to exceed ten dollars ($10.00) per employer request together with the submitted employers cost of photocopying the duplicate lists requested. Photocopying costs collected shall be reimbursed to the employer.  (d) The compliance with any subsequent request of a particular employer shall be the responsibility of the department.  History of Section.P.L. 1984, ch. 151,  1. 
 23-24.4-5. Employers responsibility. (a) All employers in the state shall, upon request by the department and in accordance with the provisions of chapter 21 of title 28 and any amendments to this chapter, submit, in duplicate, copies of those lists of designated substances and material safety data sheets to the department within thirty (30) working days of receipt of the written request; one copy of which shall be delivered to the resident making the request subject to  23-24.4-4 and the other copy to be placed on file with the department.  (b) When the copies are not received by the department within forty (40) days of the departments making a request, the department shall have all enforcement rights available, in accordance with chapter 21 of title 28, to obtain them.  (c) Prior to reimbursement, the employer shall submit a statement of the cost incurred in photocopying the lists of designated substances and associated material safety data sheets.  History of Section.P.L. 1984, ch. 151,  1. 
 23-24.4-6. Trade secrets  Exemptions. An employer is not required to submit information to the department of labor and training if that information has been exempted under the trade secret exemption provided for in chapter 21 of title 28.  History of Section.P.L. 1984, ch. 151,  1. 
 23-24.4-7. Penalties. Any employer who willfully, knowingly, and intentionally violates the requirements of this chapter shall be subject to a fine imposed by the department of labor and training of not more than one hundred dollars ($100) for every day the violation exists. The department may impose those fines and enforce the collection thereof by means of civil action against the employer and the responsible officers or agents of the employer.  History of Section.P.L. 1984, ch. 151,  1. 
 23-24.4-8. Right of action. Any resident who makes a reasonable request for material covered by this chapter and does not receive that material within ninety (90) days of making the request will have the right to take civil action against the employer or employers in question and the department of labor and training in order to receive that material and any relevant compensatory damages.  History of Section.P.L. 1984, ch. 151,  1. 
 23-24.4-9. Severability. If any provisions or parts of this chapter or application of this chapter to any person or circumstance is held unconstitutional or invalid, the remaining provisions of this chapter and the application of those provisions to other persons or circumstances other than those to which it is held invalid shall not be affected by it.  History of Section.P.L. 1984, ch. 151,  1. 
 23-24.5-1. Short title. This chapter may be cited as the Asbestos Abatement Act. History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-10. Product sale or use. (a) The director may limit or ban the use or sale of an asbestos or asbestiform product after notice and hearing when that product is found to be a likely risk of or a potential cause of injury or death from the normal and intended use of the product.  (b) Any person or entity selling or manufacturing asbestos or asbestiform material shall be strictly liable for any injury, death, or damages related to the exposure to, or use of, these products.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-11. Complaint process. (a) An occupant of any building or the parent or guardian of any minor who is an occupant of a building or an employee working in a building or that employees representative may request the director to undertake an inspection of that building for the purpose of detecting friable asbestos, of demanding enforcement of an abatement plan, and/or to request copies of inspections previously undertaken of any asbestos abatement plan related to the occupants building by notifying the director in writing of the request by identifying the building location and address and by setting forth any reason for suspecting the existence of friable asbestos in the building.  (b) The director shall within forty-five (45) days of receipt of that request answer the request in writing setting forth the results of any inspection undertaken, the reason for not undertaking an inspection, or for either not abating or for abating the asbestos condition of the building.  (c) Any occupant not receiving an answer within forty-five (45) days or not satisfied with the response of the director may request an order for the relief requested through the Administrative Procedures Act, chapter 35 of title 42, from the departments hearing officer and appeal as an aggrieved party.  (d) The name of the complainant shall remain confidential.  (e) No public employee or beneficiary of public funds making a request or complaint to the director shall, as a result of a request or complaint, be subject to any retaliatory action, discriminatory act, job dismissal, suspension, or discipline by any person. Any employee or beneficiary subjected to this action shall be entitled to all the rights and remedies set forth in the Rhode Island Whistleblowers Act, chapter 50 of title 28.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 541,  1; P.L. 1989, ch. 542,  54. 
 23-24.5-12. Licensure of asbestos contractors. (a) No person or entity shall undertake an asbestos abatement project or dispose of friable asbestos materials in or from any building or demolition of any portion of a structure containing friable asbestos or asbestiform material unless the director has licensed that person or entity as qualified for those purposes. Any building owner who causes an asbestos abatement project or disposal of friable asbestos materials to be undertaken in violation of either this section or any rules or regulations promulgated pursuant to the authority conferred by this section shall also be subject to the enforcement provisions of this section.  (b) Notwithstanding any other law or regulation, no building permit or demolition permit involving asbestos abatement shall be issued by any municipal or state official unless the application for the permit includes a certified copy of an approved abatement plan and a certified copy of the license of the asbestos contractor who shall undertake the work.  (c) No asbestos abatement projects shall be undertaken unless the contractor involved is licensed by the director and its asbestos abatement plan is approved by the director.  (d) The director shall establish procedures and issue regulations for the licensure of asbestos contractors and their supervisors and for the training of the employers of asbestos employees. The director is authorized to establish procedures and regulations for the licensure of asbestos workers. The director may assess fees for asbestos worker licenses issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.  (e) The director shall in establishing licensure criteria for asbestos contractors, consider the following factors:  (1) The contractors experience,  (2) Financial qualifications to abate asbestos properly,  (3) A companys history of safe and proper abatement,  (4) A history of compliance with department regulations, and  (5) Proof of completion of training programs approved by the director.  (f) Each person licensed by the director shall be issued by the director a photograph identification card containing the license which that person must keep in his or her possession at each work site.  (g) The director may assess fees for asbestos contractor and site supervisory personnel licenses issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that such fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.  (h) For cause and for violation of the regulations of the director, the director or his or her designee may suspend or revoke a license issued pursuant to this section.  (i) The director shall maintain a public list of licensed contractors and shall annually publish that list in a state newspaper of general circulation.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 541,  1; P.L. 1989, ch. 533,  1; P.L. 1990, ch. 65, art. 48,  1; P.L. 1996, ch. 237,  1; P.L. 2001, ch. 86,  9. 
 23-24.5-13. Competent persons. (a) The owner (or supervisor) of a publicly owned building or administrator of a group of public buildings or the owner of a private building, excluding a private residence, shall appoint from his or her employees sufficient persons competent in the basic aspects of asbestos inspection and abatement to fulfill the responsibilities of this section within an eighteen (18) month period.  (b) The competent person shall have, but not be limited to, the following responsibilities:  (1) To make periodic visual inspection of known asbestos containing areas;  (2) To review past maintenance records;  (3) To work with the department of health to ascertain and identify asbestos hazards;  (4) To maintain records of inspections;  (5) To join with the contractor in working up the specifications of abatement projects;  (6) To make periodic inspection of abatement procedures and have the right to call in a state inspector if, in the view of the competent person, any provision of this chapter is being violated;  (7) To alert building occupants and maintenance staff of ongoing abatement project; and  (8) To review outside contracting work if that work shall affect enclosed or encapsulated asbestos materials.  (c) Any parent of an occupant of a building or teacher representative may voluntarily become certified as a competent person.  (d) This parent or teacher representative may accompany competent persons in their inspection and have full access to their records regarding asbestos.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 541,  1. 
 23-24.5-14. Training, curricula, and certification. (a)(1) The director shall establish procedures and regulations for the following procedures:  (i) For the certification of a competent person, of designated public maintenance employees, of designated teacher and parent representatives, of laboratories performing analysis of asbestos in air or building materials, and of private consultants or inspectors;  (ii) Establish standards and specifications for training courses based upon, but not limited to, those included in this chapter and to certify that training;  (iii) To train directly or by contract maintenance personnel or competent persons;  (iv) To certify and train designated public maintenance personnel and workers in the private sector, including but not limited to electricians, contractors, plumbers, in safe techniques of spot asbestos repair.  (2) Each trained and certified person shall be issued an asbestos certified photo identity card, and only those carded persons shall be permitted to do spot repairs on asbestos in the buildings of their jurisdiction. Any person certified for spot repair but not as an asbestos contractor shall not undertake any asbestos abatement project larger than the size limits of a spot repair as defined by the director and shall follow all safe work practices for spot repair work as required by the director. Those employees in violation of these provisions and/or their employer shall be subject to a fine of no more than five hundred dollars ($500) per violation.  (b) As a guideline for approval of a certified training program for asbestos contractors, the director shall give due consideration to a course of thirty-two (32) hours of instruction covering the following topics:  (1) The nature of asbestos hazards and a review of improper abatement procedures such as dry removal, lack of protective barriers, and poor respirator fit problems;  (2) The medical effects of asbestos exposure, the mechanics of human respiration, the nature of asbestos disease conditions, their diagnosis and evaluation, and medical asbestos surveillance methods in exposed populations;  (3) Federal and state asbestos regulations including OSHA and EPA regulations, Right-to-Know laws, and this chapter;  (4) Current protection standards, including the role of respirators, appropriate housekeeping procedures, appropriate hygiene, the synergism effects of asbestos with smoking, and the importance of decontamination procedures;  (5) The proper preparation of the work area including, but not limited to, the proper repair and removal abatement techniques, sealing and isolation methods in the work environment, the use of negative pressure air filtration barriers, the avoidance of power tools, the need for wetting down of asbestos materials, bagging and labeling of asbestos materials, proper waste storage, and removal of material;  (6) Identifying asbestos containing materials, study of decision protocol for evaluation and prioritizing of abatement, air sampling and other monitoring techniques, negative air pressure filtration system and high efficiency particulate air (HEPA) filter systems.  (c) The director may assess fees for certifications issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.  (d) Notwithstanding the requirements contained in subsections (a) and (b) of this section, the director may also establish procedures or regulations for reciprocal recognition of training courses and/or certification programs for asbestos contractors, site supervisory personnel and/or asbestos abatement workers. The director may assess fees for reciprocal recognition of training courses and/or certification programs for asbestos contractors, site supervisory personnel and/or asbestos abatement workers issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that these fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 541,  1; P.L. 1989, ch. 533,  1; P.L. 1996, ch. 237,  1; P.L. 2001, ch. 86,  9; P.L. 2003, ch. 59,  2; P.L. 2003, ch. 72,  2. 
 23-24.5-15. Duties of physicians regarding asbestos related disease. (a) Any physician or employee of a licensed medical facility making the diagnosis of mesothelioma, asbestosis, or any illness or death suspected as being due to asbestos exposure must be reported to the director of health within six (6) months of the diagnosis.  (b) The physician or licensed medical facility involved shall also inform the patient or patients next-of-kin in a dated letter by certified mail return receipt requested of the suspected role of asbestos as it relates to the patients condition.  (c) Notwithstanding any other law to the contrary, the statute of limitations for any personal injury or property damage relating to asbestos or asbestiform materials for any cause of action now pending or which may be pending in the future shall not begin to run until notice to the patient or the patients next-of-kin is filed as set forth in subsection (b), or in the case of pending matters when a physician in writing had notified the patient or next-of-kin.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-16. Delegation of authority. Except for the provisions of this chapter relating to rule making, penalties, standards, and appeals, the director may after filing notice with the secretary of state delegate to another state agency any of the chapters administrative duties, including, but not limited to, inspection, testing, and building permit responsibilities, if the director finds that the delegation would provide for a more effective and efficient administration of the provisions of this chapter. Notwithstanding any other law, pursuant to this delegation the director may allocate money appropriated to the department of health to the delegate agency for the purpose of funding the delegation.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-17. Compliance procedures. Except as provided in this chapter, the inspection, enforcement, and penalties for violations of the provisions of this chapter shall be in accordance with the provisions and procedures set forth in  23-1-19  23-1-25.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-18. Hazardous substance. Except as provided in this chapter, asbestos is declared to be a hazardous substance subject to the provisions and limitations of chapter 24 of this title.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-19. Asbestos abatement fund. (a) There is established within the department of administration an asbestos and dangerous product abatement fund. The purpose of this fund shall be:  (1) To provide funds for the purchase or lease of testing and removal equipment by the department;  (2) To provide grants and low interest loans to qualified persons and entities for the implementation of asbestos abatement plans and abatement of other products found to be a danger to the public health by the director; and  (3) To reimburse the department of health for the training of competent persons, public maintenance personnel, and teacher and parent representatives.  (b) The director of administration or his or her designee may provide grants on the following terms and conditions:  (1) The director of health has found that the asbestos condition which is the subject matter of the grant involves a potential danger to the public health and that the disbursal of loans and grants is in accord with a ranking of buildings provided by the director of health with more dangerous hazards ranked first;  (2) The recipient of the grant is either a nonprofit or a public agency in a high priority group or a public agency in the intermediate group;  (3) No more than eighty percent (80%) of the costs of the abatement plan will be paid for by a grant;  (4) Only licensed or registered contractors shall be utilized. Contractors shall have been selected by bid procedures approved by the director of administration or his or her designee, and the rates of pay and costs of materials utilized by the contractor shall not exceed amounts and rates set by the director of administration;  (5) The recipient of the grant or loan shall assign to the director of administration all right, title, and interest to any claim related to asbestos at that site and authorize the director of administration as attorney-in-fact to litigate and bring any cause of action for the recovery of the costs of abatement that may lie against any other person or entity responsible for the creation of the problem being abated; and  (6) Any rules, criteria, formulas, or methodologies used in the computation of the amounts or percentages of assistance for which any schools (grades pre-kindergarten to twelve (12)) are eligible under this chapter shall be applied uniformly to, and without distinction between or among, all public, private, and parochial schools (grades pre-kindergarten to twelve (12)) located within the geographic boundaries of the same school district.  (c) The director of administration may provide loans at an annual interest rate not to exceed six percent (6%) to any person or entity, including local agencies, state agencies, and nonprofit agencies owning structures in the high or public intermediate priority groups on the conditions set forth in subsection (b) except that the loan may be for one hundred percent (100%) of its cost and on the further condition that adequate security for the repayment of the loan is provided and that the term of repayment does not exceed twenty (20) years.  (d) With the approval of the governor, the director of administration may contract with another public agency or with any licensed financial institution to administer grants and loans provided by this section. For its service, the financial institution or public agency may charge the borrower an administration fee not to exceed an additional one-half percent (12%) of the grant or loan amount.  (e) Not more than one million dollars ($1,000,000) of the proceeds of the bonds authorized in  23-24.5-20 shall be utilized for hazardous substances other than asbestos.  (f) Not less than two hundred fifty thousand dollars ($250,000) shall be used for outreach programs and educational materials to provide information to the public on the states asbestos abatement program.  (g) The director of administration is authorized to issue any rules and regulations as are necessary to implement this section.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 552,  1. 
 23-24.5-2. Definitions. For the purpose of this chapter: (1) Abatement means the repair, enclosure, encapsulation, or removal of friable asbestos in significant quantities as determined by the director by regulation. The term shall not apply to those spot repairs of limited areas of asbestos as determined by the director or his or her designee through regulation to be of low risk exposure.  (2) Abatement process means the series of events leading to the abatement of a friable asbestos hazard. The process includes the inspection, identification, and ranking of the hazard, the drawing of abatement plans, the monitoring of the abatement, the eventual clean-up, and the issuance of a reoccupancy permit.  (3) Action criteria refers to the asbestos assessment factors detailed in the Decision Protocol, Appendix D, of The New Jersey Asbestos Policy Commissions Report to the Governor, March 1985, except that the criteria shall not include air sampling standards contained in that report.  (4) Asbestiform materials means those naturally occurring fibers of similar shape, size, strength, surface, and characteristics of asbestos fibers as are otherwise described in the publication entitled Non-Occupational Health Risks of Asbestiform Fibers, Committee on Non-Occupational Health Risks of Asbestiform Fibers, Board on Toxicology and Health Hazards of the Commission on Life Science of the National Research Council; U.S. Environmental Protection Agency and National Academy of Sciences, National Academy Press, Washington, D.C. 1984, E.P.A. 68-01-4655.  (5) Asbestos means that unique group of naturally occurring minerals that separate into fibers of high tensile strength, resistant to heat, wear, and chemicals, described as the following types: chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite, and every product containing any of these minerals that have been chemically treated and/or altered which, after manufacture, are used for these products and end uses as insulation, textiles, paper, cement sheets, floor tile, wall covering, decorations, coating, sealants, cement pipe, and reinforced plastics and other compounds.  (6) Asbestos containing material (ACM) means any material or product which contains more than one percent (1%) asbestos.  (7) Asbestos contractor means any person or entity engaged in asbestos abatement as a business. Each employee of any entity directly engaged or intending to engage directly in abatement as a business shall be considered a contractor for the purposes of training and licensure requirements of this title.  (8) Competent person means a public or private employee designated, trained, and certified to conduct basic asbestos inspection and abatement process evaluation within the jurisdiction of the agency, municipality, or building(s) in which the person is employed.  (9) Department means the state department of health.  (10) Director means the director of health.  (11) Friable means that condition of crumbled, pulverized, powdered, crushed, or exposed asbestiform or asbestos fibers which are capable of being released into the air by hand pressure.  (12) Friable asbestos material means:  (i) Asbestos containing material (ACM) that, when dry, can be crumbled, pulverized or reduced to power by hand pressure; or  (ii) Non-friable ACM, including but not limited to regulated asbestos containing material (RACM) as defined by the U.S. Environmental Protection Agency pursuant to 40 CFR 61, Subpart M, that will be or has been subjected to sanding, grinding, cutting, and abrading; or by the forces expected to act on the ACM during renovation and/or demolition activities.  (13) High priority group building refers to those public or private buildings or portions of these that are child inhabited or child frequented structures and shall include, but not be limited to: public and parochial schools (grades pre-K to 12), day care centers, nurseries, acute or chronic childrens hospitals or wardrooms of these as defined by the state building code use groups (I-2). Private residences used for these purposes and housing occupied by ten (10) children or less are excluded from this group.  (14) Intermediate priority group building refers to those public or private buildings or portions of these other than those in the high and low priority groups which are designated within the state building code use groups as follows: places of public assembly (group A); buildings occupied by adult inmates (group I-3), hospital patients (group I-2), or institutional care facility clients (group I-1); and auditoriums (group A). Intermediate priority group buildings also includes those buildings which are: colleges (ordinarily group B); banks (group B); and other business, industrial, educational, and mercantile buildings (groups B, E, F, H and M) including, but not limited to, hotels and motels (group R-1), multifamily dwellings (group R-2), and places of employment with more than ten (10) employees.  (15) Low priority group building refers to public or private buildings or portions of them not in the other groups which are infrequently used (group U), closed, abandoned, or scheduled for abandonment in the immediate future and those buildings which are private residences (groups R-3 and R-4).  (16) Owner means the person or entity having legal title to property and/or buildings; the term includes owners and consignees of asbestos material to be sold, installed, fabricated, or manufactured in Rhode Island. For purposes of publicly owned property only, the owner is defined as the chief executive officer of the state agency or municipal agency which owns, leases, or controls the use of the property.  (17) Private building refers to any structure open to the public which is not a public building, and includes but is not limited to: private schools, nurseries, colleges, hospitals, warehouses, banks, retail stores, automobile repair shops, and places of employment.  (18) Private residence refers to any building with either one or two (2) separate dwelling units used solely as a private domicile of a person or persons where those persons normally sleep, eat, and maintain living quarters and which is designated within the state building code use group R-4.  (19) Public building refers to any structure owned, managed, leased, furnished, or occupied by a state or municipal agency, commission, or public school.  (20) Regulated asbestos containing material (RACM) as defined by the U.S. Environmental Protection Agency pursuant to 40 CFR 61, Subpart M, means:  (i) Friable asbestos material;  (ii) Category I non-friable ACM (packings, gaskets, resilient floor covering, and asphalt roofing products) that has become friable;  (iii) Category I non-friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or  (iv) Category II non-friable ACM (excluding category I non-friable ACM) that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.  (21) State building code refers to chapter 27.3 of this title.  (22) State inspector means a person trained in industrial hygiene who is either a state employee or a designee of the health department whose duty, among others, is to conduct state asbestos inspections.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 541,  1; P.L. 1996, ch. 237,  1. 
 23-24.5-20. Bonds authorized. (a) The general treasurer is authorized and empowered with the approval of the governor and in accordance with the provisions of this chapter to issue from time to time bonds in the name and behalf of the state and in any amounts as may be specified by the governor in an aggregate principal amount not to exceed twenty million dollars ($20,000,000) for the purposes of being deposited in the account of the department of administration as set forth in  23-24.5-19, known as the asbestos and dangerous products abatement fund. The bonds shall be in denominations of one thousand dollars ($1,000) each or multiples of that amount and shall be payable in any coin or currency of the United States which, at the time of payment, shall be legal tender for public or private debts. The bonds shall bear any date or dates, mature at any time or times not exceeding twenty (20) years from their date of issue, bear interest payable semiannually at any rate or different varying rates, be payable at any time or times, at any place or places, be subject to any terms of recall or redemption, with or without premium, and be in any form with or without interest coupons attached carrying any registration, conversion, re -conversion, transfer, debt requirements, acceleration, and other provisions as may be fixed by the general treasurer, with the approval of the governor, upon each issue of the bonds at the time of each issue.  (b) Whenever the governor shall approve the issuance of those bonds he or she shall certify that approval to the secretary of state; the general treasurer shall countersign the bonds and affix the seal of the state. The approval of the governor shall be endorsed on each approved bond with a facsimile of his or her signature.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-21. Advances from general fund. The general treasurer is authorized from time to time with the approval of the governor in the anticipation of the issue of notes or bonds under the authority of this chapter to advance to the fund money to be used for the purposes specified in this chapter.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1986, ch. 351,  1. 
 23-24.5-22. Interpretation and severability. The provisions of this chapter shall be liberally construed and shall be held to be in addition to, and not in substitution for a limitation of, the provisions of any other law. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid the remainder of the chapter and the application of these provisions to any other person or circumstances shall not be affected by this invalidity.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-23. Asbestos advisory board. (a) There is established an asbestos advisory board consisting of eleven (11) members within the department of health.  (b) The purpose of the board shall be as follows:  (1) To monitor the implementation of this chapter, to ensure that the records of all departments and agencies of state government relating to the asbestos abatement program shall be made accessible to the chairperson of the asbestos advisory board upon request, providing that the board has directed the chairperson by a vote of the board as a whole;  (2) To report on or before March 1 of each year to the speaker of the house and the president of the senate of any legislative changes required in this chapter;  (3) To advise the director on the desirability of proposed regulations.  (c) The members of the board shall be electors and shall be appointed as follows:  (1) There shall be three (3) ex officio members: the director of health, the director of administration, and the commissioner of elementary and secondary education or their designees;  (2) There shall be three (3) public representatives, two (2) to be appointed by the speaker and one by the president of the senate, and there shall be five (5) members appointed by the governor, one of whom shall be a physician familiar with asbestos problems, one of whom shall be a qualified environmental health expert, and one of whom shall be an architect or engineer familiar with asbestos problems, one of whom shall be an asbestos contractor, and one of whom shall be a lawyer.  (d) The term of office of each member shall be for a period of three (3) years except that in the case of the initial appointments of public and professional members, one by the speaker and one by the governor shall be for two (2) years and one by the speaker and three (3) by the governor shall be for one year. Each member shall serve until a successor is appointed or designated. In the month of August of each year, the members shall elect from among their members, a chairperson, vice chairperson and secretary. Any member absent for three (3) or more consecutive meetings shall be considered as having vacated the office. Six (6) members shall be considered a quorum, and the board may fulfill any of its duties by a subcommittee of four (4) members present.  (e) The board may engage any experts and secretarial staff as necessary at a rate of pay approved by the unclassified pay board.  (f) The director shall provide any meeting and hearing rooms as the board may require.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 541,  1; P.L. 2001, ch. 86,  9; P.L. 2001, ch. 180,  50. 
 23-24.5-24. Exemptions. Notwithstanding any other law, any and all certification fees charged and costs incurred pursuant to the provisions of this chapter shall not be subject to reimbursement to any municipality by operation of any mandate of this chapter.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-25. Misrepresentation of asbestos licensure or certification. (a) No person or entity shall make oral or written representations of licensure as an asbestos contractor or asbestos abatement site supervisor or asbestos abatement worker unless they possess a currently valid license for the activity which has been issued by the director pursuant to either  23-24.5-12 or any rules or regulations promulgated pursuant to the authority conferred by this chapter.  (b) No person or entity shall make oral or written representation of certification as an asbestos analytical laboratory, asbestos consultant or asbestos abatement project monitor unless they possess a currently valid certificate for the activity which has been issued by the director pursuant to either  23-24.5-6(j) or 23-24.5-14(a) or any rules or regulations promulgated pursuant to the authority conferred by this chapter.  (c) No person or entity certified pursuant to either  23-24.5-6(j) or 23-24.5-14(a) or any rules or regulations promulgated pursuant to the authority conferred by this chapter shall make oral or written representations of certification to perform any service which is not specifically identified on their currently valid certificate.  History of Section.P.L. 1996, ch. 237,  2. 
 23-24.5-26. Penalties. (a) Except as specified in this chapter, any person or entity acting in violation of either this chapter or any rules or regulations promulgated pursuant to the authority conferred by this chapter shall be fined by the director in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation provided that fines are not imposed until the director has afforded that person or entity an opportunity for a hearing on the matter. Each day during which any portion of a violation continues shall constitute a separate offense.  History of Section.P.L. 1996, ch. 237,  2. 
 23-24.5-3. Purpose. The purpose of this chapter is to protect the public health and public interest by prohibiting, limiting, and regulating the use of and to require the abatement of asbestos and asbestiform materials that are a danger to the public health. The removal of asbestos and asbestiform materials that are a danger to the public health from all public buildings is declared to be the goal of the state of Rhode Island.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-4. Legislative findings. The general assembly finds, upon the reports, hearings, and records of its legislative commission to study asbestos exposure, and of its own committees, and those of other states, and of the United States Environmental Protection Agency, that asbestos materials and asbestiform materials are hazardous substances in a friable condition, and that they are a danger to the public health, a respiratory hazard, a potential carcinogenic, and a known cause of lung cancer, mesothelioma, and asbestosis. It further finds that asbestos materials in buildings and products within the state in a friable condition are a potential health hazard and that there is no known minimal level of exposure to friable asbestos which will guarantee the full protection of the public health.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-5. Asbestos exposure standards. (a) No owner of a structure with friable asbestos or with friable asbestiform materials or any person or entity owning or controlling asbestos or asbestiform products in a friable state shall allow any person to be exposed to asbestos or asbestiform materials in a friable condition when the exposed condition is a violation of a provision this chapter, of a regulation issued pursuant to the authority of this chapter, or of an abatement plan approved by the director.  (b) Prior to the effective date of an air exposure standard established by the director, the indoor non-occupational air exposure standard for asbestos exposure shall be 0.01 fibers longer than five (5) micro meters per cubic centimeter (f/cc) (or three hundred (300) nanograms per cubic meter) as measured by OSHA-NIOSH phase-contrast optical microscopic methods and calculated as an eight (8) hour time weighted average.  (c) The director is authorized to issue regulations for the following purposes:  (1) To limit the sale and use of asbestos and asbestiform materials which the director deems to be a potential danger to the public health;  (2) To establish indoor environmental non-occupational air exposure standards, stated as a given number of fibers per cubic centimeter (f/cc) and calculated as an eight (8) hour time weighted average;  (3) To establish asbestos inspection and evaluation criteria;  (4) To establish criteria including air monitoring useful in ranking the severity of the asbestos problem in a particular building in order to determine the need by the owner for the submission of an abatement plan to the director;  (5) To establish criteria for the submission of an abatement plan by the owner of a public building or a building in the high and intermediate priority groups;  (6) To establish public occupancy standards for buildings containing friable asbestos;  (7) To establish criteria for the registration, licensure, and certification of persons involved in asbestos abatement; and  (8) To develop educational material informing persons of asbestos hazards in their residences.  (d) In acting on issuing the regulations pursuant to subsection (c), the director shall take into consideration the following guidelines:  (1) The director shall give due consideration to uniform rules and definitions with those of other states and the United States without endangering the public health and without lessening standards established by this chapter;  (2) Except for their asbestos air exposure standards, the director shall give due consideration to the standards contained in the U.S. Environmental Protection Agency documents, Asbestos Containing Materials in School Buildings, a Guidance Document, Part 2 (Sawyer, R.M., Spooner, D.M.) and EPA Report no. 560/5-83-002, Guidance for Controlling Friable Asbestos Containing Materials in Buildings; and the New Jersey Asbestos Policy Commissions Report to the Governor, March 1985;  (3) The director shall seek to minimize the risk of possible injury or death from the use and/or sale of asbestos or asbestiform materials as that risk is weighted against commercial necessity and practicality in considering whether or not to ban or limit the future use and/or sale of these materials;  (4) Indoor environmental non-occupational air exposure standards established shall only allow human exposure to friable asbestos at a level lower than or equal to the standard established by this chapter.  (e) The director shall issue regulations regarding asbestos exposure and abatement.  History of Section.P.L. 1985, ch. 366,  1; P.L. 2001, ch. 86,  9. 
 23-24.5-6. Asbestos abatement plans. (a) The owner of any public or private building containing friable asbestos material in violation of this chapter, who shall within one hundred twenty (120) days of notice of the violation, file an abatement plan with the director shall be relieved of liability for the violation during the abatement process. For buildings in the high and immediate priority group found by the director or the directors agents to require abatement after inspection, the director shall notify in writing in the case of public buildings the appropriate public agency or elected, appointed, or employed official with jurisdiction over the building; or in the case of a private building the owner or manager of the building.  (b)(1) That person or agency shall within one hundred twenty (120) days of the notice file an asbestos abatement plan with the director. This plan shall describe in detail the results of any asbestos detection tests performed, a blueprint of the structure involved and a program designed to:  (i) Monitor the physical conditions of asbestos containing materials,  (ii) Educate the building staff and occupants regarding the presence of asbestos,  (iii) Minimize the likelihood of fiber release, and  (iv) Minimize the potential of human exposure to asbestos.  (2) The plan should include a description of the remedies proposed, including but not limited to repair, enclosure or encapsulation, and/or removal, the process of selection and criteria for hiring licensed contractors, a time schedule for completion, disposal location, and the level of compliance with exposure and action criteria expected to be achieved.  (3) The requirement for filing an asbestos abatement plan with the director prior to the removal of any friable asbestos material shall be waived whenever a public building, private building, or residence has been ordered demolished by a municipal building official in accordance with  23-27.3-125.5; provided that all friable asbestos material is removed from the building prior to demolition by a licensed asbestos contractor following an asbestos abatement plan previously approved by the director specifically for the demolition of unsafe structures. The director may require the filing of any documentation deemed necessary to insure that compliance with the act has been met.  (c) The director shall within ninety (90) days of submission of a plan either approve, amend, or reject the plan of abatement.  (d) The director shall issue regulations establishing criteria for the inspection of buildings, identification and evaluation of asbestos hazard, the ranking of asbestos abatement, and the development of abatement plans.  (e) The owner of any building failing to comply with an order of abatement issued by the director after hearing shall be fined by the director an amount not exceeding two thousand five hundred dollars ($2,500) a day and/or having the area in violation subject to closure. No fine shall apply if access to the area is limited to individuals designated as competent persons for the area or certified as consultants in accordance with rules or regulations promulgated pursuant to the authority conferred by this chapter.  (f) The director may assess fees for review of asbestos abatement plans submitted in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.  (g) Any approval of an asbestos abatement plan issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section shall become invalid unless the work authorized by that approval shall have been commenced within six (6) months after its issuance; provided that, for cause, an extension of time for a period not exceeding ninety (90) days has not been granted. All extensions must be in writing and signed by the director or his or her designee. For the purposes of this section, any approval issued shall not be considered invalid if the suspension or abandonment is due to a court order prohibiting that work as authorized by that approval.  (h) Notwithstanding any approval issued by the director in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, all abatement activity performed in conjunction with an approved asbestos abatement plan must be in compliance with the most current revision of all applicable federal, state, and local regulations, unless that approval already requires compliance with a more restrictive standard.  (i) The director may revoke any approval issued in accordance with rules or regulations promulgated pursuant to the authority conferred by this section in the event that the granting of the approval was based upon statements which prove to be false or based on misrepresentation of fact. Any aggrieved party shall have the right to a hearing on this revocation. The request for a hearing shall be in writing and shall be made within ten (10) days of the decision.  (j) Except as otherwise provided in paragraph (b)(1)(iv), all renovation and/or demolition activities involving asbestos containing material (ACM) shall be assumed to produce friable ACM and shall require department approval of an asbestos abatement plan prior to undertaking this renovation and/or demolition activity.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 283,  1; P.L. 1987, ch. 541,  1; P.L. 1987, ch. 565,  1; P.L. 1996, ch. 237,  1; P.L. 2001, ch. 86,  9. 
 23-24.5-7. Health department inspections. (a) The director, or his or her designee, or any inspector employed by the department of health or the department of labor and training designated by the director of health is authorized to inspect at a reasonable time without prior notice as part of an overall plan of periodic inspection, or to respond to a complaint of the existence of friable asbestos material, any building, except private residences, in which a person may become exposed to friable asbestos or asbestiform material. Any person refusing entry to a designated public health inspector or obstructing an inspection ordered by the director shall be fined by the director a sum not exceeding two thousand five hundred dollars ($2,500) for each violation.  (b) State inspectors shall conduct inspections of the following types of buildings on an equal basis: public and private high priority buildings, initial inspections of public intermediate priority buildings, and inspections prompted by the complaint process.  (c) The director shall not be precluded from requiring abatement of a friable asbestos hazard in the event an air monitoring test does not establish that the indoor non-occupational air exposure standard has been exceeded.  (d) The director may assess fees for inspections conducted in accordance with rules or regulations promulgated pursuant to the authority conferred by this section, provided that the fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed.  History of Section.P.L. 1985, ch. 366,  1; P.L. 1987, ch. 541,  1; P.L. 1996, ch. 237,  1; P.L. 2001, ch. 86,  9. 
 23-24.5-8. Posting and labeling. (a) On any building accessible to the public where there is friable asbestos either in violation of the air sample exposure standard or action criteria standard as determined by the director or where there is demolition or repair of asbestos material taking place or abatement process underway a warning sign issued in conformance to standards issued by the director shall be posted at all entrances and conspicuous places.  (b) The director is further authorized to issue regulations requiring the posting of warnings in public buildings where there may be a public health danger of exposure to friable asbestos and for the marking of asbestos material in public buildings.  (c) The director shall file in the land evidence records of the city or town in which a nonconforming building is located a notice of violation of any structure that is not in compliance with an order of the director regarding asbestos abatement in the same manner as is provided for housing code violations in the general laws.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.5-9. Building closing. (a) The director may close public access to any building or portion of a building in which the director after notice and hearing has found to contain friable asbestos in any condition or amount that there exists a public health danger.  (b) No portion of any building containing friable asbestos in quantities the director finds to be a danger to the public health shall be reoccupied until the director issues a re-occupancy permit. No re-occupancy permits for any high or intermediate priority building or portion of this building shall be issued by the director if air levels for asbestos and asbestiform materials are not below the air exposure standard.  History of Section.P.L. 1985, ch. 366,  1. 
 23-24.6-1. Short title. This chapter may be cited as the Lead Poisoning Prevention Act. History of Section.P.L. 1991, ch. 355,  1. 
 23-24.6-10. Lead screening restricted receipt account. The director shall establish procedures for lead screening, laboratory testing, and reimbursement. The state laboratory services shall be billed to and reimbursed by insurers. Fees shall be set based upon the rates paid by the insurers to private laboratories for blood lead analysis. All reimbursement fees paid to the department shall be deposited into the general fund. General revenue appropriations for the lead screening program shall be used for:  (1) Administration of the comprehensive environmental lead program, including performance of environmental lead inspections by state inspectors for enforcement purposes, and development, administration, and coordination of a comprehensive educational program on environmental lead exposures and lead poisoning;  (2) Provision of comprehensive environmental lead inspections and technical assistance on appropriate environmental lead hazard reduction to families of significantly lead poisoned Rhode Island children and to families of uninsured and underinsured lead poisoned Rhode Island children on a priority basis by blood lead level; regulations clearly identifying the blood lead level corresponding to significant lead poisoning and the mechanism for prioritizing by blood lead level shall be promulgated;  (3) Provision of comprehensive environmental lead inspections and technical assistance on appropriate environmental lead hazard reduction to preschools, day care facilities, nursery schools, public and private elementary schools, and foster homes and shelters serving children under the age of six (6) years;  (4) Provision of funds to the department of environmental management for enforcement of fugitive dust regulations designed to reduce or eliminate the hazards caused by removal of leaded paint from the exterior of structures;  (5) Administration of a childhood blood lead testing program by the departments division of laboratories, including processing, analyzing, and reporting childhood blood lead samples;  (6) Provision of the necessary blood lead screening and follow up blood lead testing for uninsured and underinsured preschool children in Rhode Island; and  (7) Development of a data management system which can be used to track cases of lead poisoning to ensure that they receive timely and appropriate medical treatment, to monitor homes for environmental lead inspections and lead hazard reduction, and to investigate the extent of childhood lead poisoning in Rhode Island.  History of Section.P.L. 1991, ch. 355,  1; P.L. 1995, ch. 370, art. 40,  70; P.L. 2001, ch. 86,  10. 
 23-24.6-11. Reporting of cases of lead poisoning. Any physician registered or licensed by Rhode Island or any agency of Rhode Island or any employee of a licensed, registered, or approved health care facility making the diagnosis of childhood lead poisoning shall report that diagnosis to the director within ten (10) business days of the diagnosis.  History of Section.P.L. 1991, ch. 355,  1. 
 23-24.6-12. Comprehensive environmental lead inspections. The department shall develop and promulgate regulations for: (1) Conducting comprehensive environmental lead inspections, which regulations shall, at a minimum, include procedures for:  (i) Inspecting, testing, and/or sampling of drinking water, household dust, painted surfaces, soil, and/or other appropriate fixed surfaces that may contain lead;  (ii) Notification of owners, occupants, and mortgagees and lienholders and/or the posting of warnings when unacceptable environmental lead levels are identified during an inspection; and  (iii) Notifying the department of the results of inspections;  (2) For other inspections necessary to accomplish the purposes of this chapter; and  (3) Collection of environmental media samples, including, but not limited to, dust, soil, paint, pewter, pottery, and water, and field analysis of their lead content.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2; P.L. 2003, ch. 59,  3; P.L. 2003, ch. 72,  3. 
 23-24.6-13. State inspectors. (a) The director, or his or her designee, or any state inspector is authorized to inspect during business hours, or by appointment at another time agreed to by the inspector and the owner, occupant, or other person in charge of a dwelling, dwelling unit, or premises:  (1) Any dwelling, dwelling unit, or premises for the purpose of conducting a comprehensive environmental lead inspection, or other inspection, as part of the treatment and follow up for a child identified as being lead poisoned;  (2) Any structure or premises that is used as a preschool, day care facility, nursery school, public or private elementary school or schoolyard, public playground, or foster home or shelter serving children under the age of six (6) years for the purpose of conducting a comprehensive environmental lead inspection, or other inspection;  (3) Any dwelling, dwelling unit, or premises for the purpose of conducting a comprehensive environmental lead inspection, or other inspection, in response to any complaint to the department by an occupant or the parent or guardian of any minor who is an occupant renting or leasing the dwelling, dwelling unit, or premises of the existence of a lead exposure hazard for a child under the age of six (6) years residing in that dwelling, dwelling unit, or premises; or  (4) Any dwelling, dwelling unit, structure, or premises identified in subsection (a)(1), (2), or (3) of this section which is undergoing a lead hazard reduction or a regulated renovation or rehabilitation at a reasonable time, without prior notice, as part of an enforcement inspection.  (b) The owner, occupant, or other person in charge of a dwelling, dwelling unit, or premises shall, upon presentation of proper identification by the state inspector, for the limited purpose of inspection for lead, grant the inspector entry and free access to every part of the dwelling, dwelling unit, or premises where lead may pose a hazard to the health and safety of children under the age of six (6) years. If any owner, occupant, or other person in charge of a dwelling, dwelling unit, or premises fails or refuses to permit this access and entry to the structure or premises under his or her control or any part of it, the state inspector may, upon a showing that probable cause exists for the inspection and for the issuance of a court order directing compliance with the inspection requirements of this section, petition and obtain an order from a court of competent jurisdiction. Any person refusing to comply with an order issued pursuant to this section shall be subject to any penalties as may be authorized by law for violation of a court order.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2. 
 23-24.6-14. Inspection of child care facilities. (a) The director shall promulgate regulations requiring that as a condition of licensure all preschools, day care facilities, nursery schools, public and private elementary schools and schoolyards, public playgrounds, and shelters and foster homes serving children under the age of six (6) years in Rhode Island:  (1) Receive comprehensive environmental lead inspections at specified intervals; and  (2) Demonstrate that they are either lead free or lead safe.  (b) The director, shall, using state inspectors, conduct comprehensive environmental lead inspections for all these facilities at the specified intervals.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10. 
 23-24.6-15. Inspections of rental property. (a) The director shall, in conjunction with the housing resources commission, promulgate regulations permitting state inspectors to conduct such lead inspections as may be appropriate in response to any complaint to the department or the housing resources commission, by an occupant or the parent or guardian of any child under the age of six (6) years who is an occupant renting or leasing a dwelling, dwelling unit, or premises of the existence of a lead exposure hazard for a child under the age of six (6) years in that dwelling, dwelling unit, or premises. These regulations will allow for response to the complaints to be prioritized based upon the age of the structure and the nature and degree of hazard present.  (b) Whenever a comprehensive environmental lead inspection has been performed either pursuant to a complaint or otherwise, the owner and/or any real estate agent or property manager involved in renting or leasing the dwelling, dwelling unit, or premises shall provide the results of the inspection to occupants pursuant to regulations promulgated by the department, as follows:  (1) Those persons occupying the dwelling, dwelling unit, or premises at the time the inspection is performed shall be notified of the results within five (5) business days after the owner receives the results;  (2) All persons who are prospective occupants shall be notified of the inspection results if a significant lead hazard exists, before any lease is signed or before occupancy begins in cases where no lease is signed;  (3) This notice provision terminates with the performance of the necessary lead reduction actions required to reach at least the lead safe level. The department shall provide the owner with a certification of lead reduction for the dwelling.  (c) Failure to provide inspection results and/or educational materials pursuant to this chapter shall subject the lessor or his or her agent to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation.  History of Section.P.L. 1991, ch. 355,  1; P.L. 1994, ch. 389,  3; P.L. 2001, ch. 86,  10; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2. 
 23-24.6-16. Notice prior to residential property transfer. (a) The department shall issue regulations for the disclosure of lead exposure hazards and potential lead exposure hazards in a residential dwelling, dwelling unit, or premise that is offered for sale or lease. These regulations, at the minimum, shall incorporate the requirements of  1018 of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (PL 102-550), 42 U.S.C.  4852d, shall not be inconsistent with the requirements for lead hazard mitigation established pursuant to the provisions of chapter 128.1 of title 42, and shall additionally require an owner of a residential dwelling, dwelling unit, or premise offered for sale or lease to provide copies of any outstanding notice of violation and of results of any lead inspection performed in the dwelling, dwelling unit, or premise and copies of educational materials developed by the department, including information about the requirements of this section and programs that provide financial assistance for comprehensive environmental lead inspections or lead hazard reduction.  (b) The department shall prepare written materials concerning environmental lead exposures and lead hazards which shall be made available to real estate brokers and agents. The materials shall also be made available to the general public by the department.  (c) The duties required under this section are not exclusive and do not replace or alter any duty imposed upon the owner to perform lead hazard reduction as required by this chapter.  (d) In no instance shall the receipt of the disclosures required by this section operate as or be construed as a bar to relief or in any manner be used as an affirmative defense for an owner, operator, or real estate agent in any statutory or common law action.  (e) The department shall establish and maintain a registry of real estate for which a comprehensive environmental lead inspection has been performed. The registry shall be cross-indexed by the owners name, street address, as well as the assessors lot and plat number for the applicable city or town.  History of Section.P.L. 1991, ch. 355,  1; P.L. 1992, ch. 425,  6; P.L. 1994, ch. 389,  1; P.L. 2001, ch. 86,  10; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2. 
 23-24.6-17. Lead hazard reduction. (a) The director shall promulgate lead hazard reduction regulations. These regulations shall:  (1) Specify the circumstances under which owners of dwellings, dwelling units, or premises must undertake lead hazard reduction in order to remedy conditions that present a clear and significant health risk to occupants of the dwelling, dwelling unit, or premises;  (2) Define lead hazard reduction with respect to both the sources of lead that must be treated and acceptable and unacceptable treatment methods;  (3) Require owners to make all reasonable efforts to ensure that occupants are not present during the lead hazard reduction; variances may be granted according to regulations; provided, that the owners are not responsible for providing alternative housing. If the occupants refuse to vacate the premises after all reasonable efforts by the owner to ensure compliance within this section, then the owners are exempt from any liability arising out of the occupants noncompliance. If the occupants are required to vacate the premises for a three (3) day period or longer, there shall be a pro-rata adjustment or abatement of the rent during the period of lead hazard reduction;  (4) Specify containment and clean up measures to be taken as part of lead hazard reduction activities;  (5) Contain measures to protect the occupational safety and health of lead inspectors, contractors, supervisors, workers, and other persons who perform lead hazard reduction which may be more, but not less, stringent than applicable federal standards; and  (6) Specify the circumstances under which owners of dwellings, dwelling units, or premises must undertake lead hazard reduction to at least the lead safe level of protect occupants and neighbors.  (b)(1) Until November 1, 2005, the owner of any dwelling, dwelling unit, or premises shall be considered as an innocent owner, and liability as to lead poisoning is limited to the reduction of any lead hazard as determined by a comprehensive environmental lead inspection within the requirements of the Housing Maintenance and Occupancy Code, chapter 24.3 of title 45. The innocent owner provision will cease upon the owners unreasonable failure to correct any lead paint violation within ninety (90) days of notice as provided in that chapter. Provided, any owner who has received notices on three (3) or more properties shall be presumed to be an unreasonable failure to correct.  (2) Innocent owner status, and the limits on liability set forth in this subsection, shall not apply to any incident of childhood lead poisoning reported to the department on or after November 1, 2005, and liability for lead poisonings after November 1, 2005, but shall include such correction of lead hazards as may be required by this chapter.  (c) The owner of any dwelling, dwelling unit, or premises who fails to provide for lead hazard reduction as required by department regulations shall be issued a notice of violation by the director in the manner provided by the Housing Maintenance and Occupancy Code, chapter 24.3 of title 45. In addition to any other enforcement authority granted under this chapter, the department shall have the authority to utilize pertinent provisions of that code in enforcing this section in the same manner as an enforcing officer under the code, including but not limited to the provisions of  45-24.3-17  45-24.3-21, except that the director or his or her designee may provide a reasonable time up to ninety (90) days for the correction of any violation alleged and, except where there exists a hardship as to financing the lead hazard reduction, or where material, personnel, or weather delays the reduction completion. Except as herein provided, if after ninety (90) days following the date of issuance of a notice of violation by the department, the owner has failed to correct the lead hazards, the department shall issue a second notice of violation.  (d)(1) One or more lead paint waste depositories shall be established and be in operation by January 1, 1993. The department of environmental management shall work with the solid waste management corporation to promulgate regulations governing these lead paint waste depositories.  (2) Each lead paint waste depository may set fees to cover the costs of lead paint waste storage, reduction, consolidation, incineration, and/or out of state disposal.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2; P.L. 2004, ch. 221,  1; P.L. 2004, ch. 223,  1; P.L. 2005, ch. 142,  1; P.L. 2005, ch. 143,  1. 
 23-24.6-18. Revisions to Housing Maintenance and Occupancy Code. Nothing in this chapter shall alter the responsibilities of owners and occupants, or the authority of enforcing officers, under the Housing Maintenance and Occupancy Code, chapter 24.3 of title 45.  History of Section.P.L. 1991, ch. 355,  1. 
 23-24.6-19.1. Sale of abrasive materials for removal of paint. Every hardware store and retail store which sells abrasive materials which may be used to remove paint shall post a conspicuous sign, provided by the department of health, of sufficient size with large enough lettering to be easily seen and read, in each area of the store where abrasive materials are displayed for sale which contains the following:    Use of abrasive material (sandpaper, steel wool, drill disks and pads, etc.) in your home to remove paint may increase the risk of childhood lead poisoning. For more information please contact the Rhode Island department of health.  History of Section.P.L. 2000, ch. 255,  1; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2. 
 23-24.6-19. Fugitive dust. (a) The department of environmental management shall revise its air pollution control regulation number 5 relating to fugitive dust, developed under authority conferred by the Clean Air Act, chapter 23 of title 23, so as to prevent the uncontrolled dispersal of lead bearing dust into the air and soil. The revised regulations shall control all sandblasting and powered sanding of exterior surfaces with lead containing paint or surface coatings under conditions specified by the department of environmental management.  (b) In addition to any other authority currently held, the department of environmental management shall have the authority to conduct soil sampling and other appropriate environmental lead sampling in enforcing the air pollution control regulation number 5 relating to fugitive dust.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10. 
 23-24.6-2. Legislative findings. The general assembly finds, upon the report of the environmental lead task force and the reports, hearings, and records of its own committees and of federal agencies including the environmental protection agency and centers for disease control, that:  (1) Environmental exposures to even low levels of lead increase a childs risks of developing permanent learning disabilities, reduced concentration and attentiveness and behavior problems, problems which may persist and adversely affect the childs chances for success in school and life.  (2) Childhood lead poisoning is caused by environmental exposure to lead. The most significant sources of environmental lead are lead based paint in older housing and house dust and soil contaminated by this paint.  (3) Childhood lead poisoning is completely preventable.  (4) Rhode Island does not currently have a comprehensive strategy in place for preventing childhood lead poisoning. As a result, tens of thousands of Rhode Islands children are poisoned by lead at levels believed to be harmful with most of these poisoned children going undiagnosed and untreated.  (5) Childhood lead poisoning is dangerous to the public health, safety, and general welfare of the people and necessitates excessive and disproportionate expenditure of public funds for health care and special education, causing a drain upon public revenue.  (6) The enactment and enforcement of this chapter is essential to the public interest. It is intended that the provisions of this chapter be liberally construed to effectuate its purposes.  (7) The magnitude of the childhood lead poisoning in Rhode Islands older homes and urban areas is a result of approved use of lead based materials over an extended period in public buildings and systems and private housing that a comprehensive approach is necessary to alleviate the cause, identify and treat the children, rehabilitate the affected housing where young children reside, and dispose of the hazardous material. Rhode Island presently does not have the public or the private resources to handle the total problem, requiring prioritizing on a need basis.  History of Section.P.L. 1991, ch. 355,  1. 
 23-24.6-20. Licensure of environmental lead inspectors and lead contractors, supervisors, and workers. (a) The department shall provide for the certification of training programs for environmental lead inspectors and for lead contractors, supervisors, workers, and other persons engaged in environmental lead-hazard reduction pursuant to the provisions of this chapter. The department shall establish standards and specifications for training courses including, at a minimum, the required length of different training programs, mandatory topics of instruction, and required qualifications for training programs and instructors. Hands on instruction shall be a component of the required training.  (b) The department shall establish procedures and issue regulations requiring the licensure of environmental lead inspectors, lead contractors, supervisors, workers, and other persons engaged in environmental lead inspection and/or hazard reduction pursuant to the provisions of this chapter. These regulations:  (1) Shall prescribe the requirements for licensure and the conditions and restrictions governing the renewal, revocation, and suspension of licenses. Requirements for licensure and for renewal of licensure shall include, but not be limited to, the following:  (i) Compliance with the lead-hazard reduction regulations in  23-24.6-17; and  (ii) Required training of environmental lead inspectors and of lead contractors, supervisors, workers, and other persons engaged in environmental lead-hazard reduction in subjects including, but not limited to, safe work practices, instruction in health risks, precautionary measures, protective equipment, and other practices, including practices to prevent contamination of the residential premises, ambient discharges and ground contamination, respiratory protection, new lead-hazard reduction techniques and technologies, applicable federal and state regulation, and hands-on instruction for equipment and techniques to be used; a minimum of twenty (20) hours of training shall be required as a condition of licensure for workers; additional hours of training shall be required for supervisors and contractors; a refresher training course shall also be required;  (2) May provide for Rhode Island to reciprocally license persons certified and/or licensed by other states with comparable requirements.  (c) No person shall enter into, engage in, or conduct comprehensive environmental lead inspections or environmental lead-hazard reduction activities covered by department regulations without having successfully completed a certified training program and without having been licensed by the department. Each trained and licensed person shall be issued a photo identity card.  (d) The department shall, in conjunction with the housing resources commission, develop and periodically update lists of all licensed inspectors, contractors, supervisors, workers, and other persons who perform environmental lead-hazard reduction in Rhode Island and make those lists available to interested parties and the public.  (e)(1) The department shall enforce the provisions of this section as appropriate and shall have all necessary powers for enforcement.  (2) The department may revoke, suspend, cancel, or deny any license, at any time, in accordance with chapter 35 of title 42 if it believes that the terms or conditions of these are being violated, or that the holder of, or applicant for, license has violated any regulation of the department or any other state law or regulation. Any person aggrieved by a determination by the department to issue, deny, revoke, or suspend any license may request an adjudicatory hearing.  (3) When any person violates the terms or conditions of any license issued under this section or any state law or regulation, the director shall have the power by written notice to order the violator to cease and desist immediately. The department may file a written complaint with the district court in the jurisdiction in which the violation occurred. Punishment by an administrative fine pursuant to  23-24.6-27 may be in addition to the suspension of any license.  (4) Any state inspector may issue an immediate cease-work order to any person who violates the terms or conditions of any license issued under this section, or any provision of this chapter, or any regulation or order issued under this chapter, if the violation will endanger or materially impair the health or well-being of any occupant, any environmental lead inspector, or any contractor, supervisor, worker, or other person engaged in environmental lead-hazard reduction.  (f) Nothing in this section shall be construed to limit the authority of the department of health, the department of labor and training, or the department of environmental management under the provisions of any other law.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2; P.L. 2014, ch. 428,  1; P.L. 2014, ch. 446,  1. 
 23-24.6-21. Laboratory testing and reporting requirement certification. (a) Laboratory analyses of all clinical and environmental media samples collected to demonstrate compliance with this chapter or with regulations promulgated pursuant to this chapter shall only be conducted by a laboratory which has been licensed or certified (as appropriate) by the director pursuant to chapter 16.2 of this title entitled Laboratories.  (b) All laboratories performing blood lead analyses on samples taken from children under six (6) years of age shall report the results of such analyses to the department in accordance with regulations promulgated by the department.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10; P.L. 2003, ch. 59,  3; P.L. 2003, ch. 72,  3; P.L. 2009, ch. 310,  5. 
 23-24.6-22. Licensure and certification  Receipts. The director shall assess fees for certifications and licenses issued in accordance with rules and regulations promulgated pursuant to the authority conferred by this chapter, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed. All fees shall be deposited into the general fund as general revenue.  History of Section.P.L. 1991, ch. 355,  1; P.L. 1995, ch. 370, art. 40,  70. 
 23-24.6-23. Compliance and enforcement. (a) Except as provided in this chapter, the inspection, enforcement, and penalties for violations of the provisions of this chapter shall be in accordance with the provisions and procedures set forth in  23-1-19  23-1-25. In addition to the provisions for enforcement of this section found elsewhere in this chapter, there shall be the following powers of enforcement, which shall be in addition to other provisions of the general laws pertaining to enforcement of the laws of this state and shall not be deemed to limit or replace such other provisions. The provisions of this section shall be liberally construed and shall be considered an essential responsibility of the state to protect public health and welfare.  (b) The department shall establish a comprehensive integrated enforcement program, which shall be designed: (1) to assure that enforcement is certain, predictable, and effective as a means of reducing the incidence of childhood lead poisoning; (2) to direct enforcement efforts to places, areas, and types of structures where there is a high incidence of childhood lead poisoning; and (3) to identify and give priority to addresses where there are multiple instances of childhood lead poisoning and to identify and as consistent with law to provide for the prosecution of persons at whose properties there have been multiple instances of childhood lead poisoning and lead hazards have not been corrected. In order to effectuate the provisions of this subsection, the department of health: (i) shall maintain a list as a public document of the addresses of properties that are not lead safe and in which more than three (3) children lived at the time their blood was tested for lead concentration and at least two (2) of these children were lead poisoned, (ii) shall maintain a database with the names and addresses of owners of rental housing at the time any child residing in the rental housing was tested positive for lead poisoning for which a second notice of violation has been issued and lead hazards have not been corrected as required pursuant to the provisions of this chapter, which database shall be public and provided to government and nonprofit agencies that are attempting to prevent lead poisoning or to enforce lead poisoning regulations, and (iii) shall notify the attorney general of all second notices of violation, issued pursuant to the provisions of  23-24.6-17, to which there has not been a response meeting the requirements of law within thirty (30) days after the notice.  (c) The attorney general shall maintain an office of lead advocate, which office shall have, in addition to any other powers that the attorney general may assign to it, the power:  (1) To investigate any alleged failures to comply with the lead hazard reduction, to initiate either a civil or criminal cause of action, or both, to compel compliance via injunctive relief and/or impose penalties and fines, as appropriate;  (2) To bring any actions that may be necessary or appropriate to secure the performance by state agencies and political subdivisions the duties assigned to them by this section;  (3) To notify in writing on behalf of the attorney general any person, who has received a second notice of violation issued by the department of health and has not responded consistent with the requirements of law within thirty (30) days, of the persons obligations under law and the potential penalties for continued violations; and  (4) To establish guidelines to prevent retaliatory actions by property owners against tenants on the basis of complaints or notices of violations arising from this chapter and chapter 128.1 of title 42, or based on the presence of a pregnant woman or child under age six (6) who in any manner seeks to enforce their right to housing in which lead hazards have been corrected in accordance with this chapter or chapter 128.1 of title 42. These guidelines shall define retaliatory actions, including, but not limited to, arbitrary termination of tenancy or other form of constructive eviction, arbitrary refusal to renew a lease, or arbitrary and unreasonable increase in rent or decrease in services to which the tenant is entitled, for all tenants, whether or not they have leases or are tenants at will. It shall be unlawful to take retaliatory actions against tenants arising from enforcement of the provisions of this chapter or chapter 128.1 of title 42; this prohibition against retaliatory actions applies whether or not the tenant has a lease. Damages and remedies for retaliatory actions under this paragraph shall be as provided for in chapter 18 of title 34.  (5) No provision of this chapter shall derogate the common law or any statutory authority of the attorney general, nor shall any provision be construed as a limitation on the common law or statutory authority of the attorney general.  (d) Receivership of properties not meeting standards. Following the second notice of violation, issued by the department of health pursuant to the provisions of  45-24.3-17(e) for failure to meet the applicable lead hazard reduction for rental dwellings occupied by a pregnant woman or a child under the age of six (6) years unless the violations alleged to exist are corrected or a plan for correction has been approved by the department, the unit may be considered abandoned and a public nuisance, which is a menace to public health, as the term abandon or abandonment and public nuisance defined by  34-44-2. In those instances the department of health, the attorney general, a nonprofit corporation as provided for in  34-44-3, or the city or town in which the unit is located shall have the specific power to request the court to appoint a receiver for the property, the court in such instances may specifically authorize the receiver to apply for loans, grants and other forms of funding necessary to correct lead hazards and meet lead hazard mitigation standards, and to hold the property for any period of time that the funding source may require to assure that the purposes of the funding have been met.  (e) High risk premises and dwellings.(1) The department of health shall notify the property owner where both the following conditions have been met: (i) there have been three (3) or more at risk children under the age of six (6) years with at least environmental intervention blood levels and (ii) fifty percent (50%) of children under the age of six (6) years from the premises who have been tested have had at least environmental intervention blood lead levels, that the premises present a high risk of lead poisoning.  (2) A property owner who receives notice that the premises are high risk: (i) shall have thirty (30) days in which to conduct a comprehensive lead inspection that shows that lead hazards have been corrected to the lead safe standard, or (ii) shall present a compliance schedule to the department of health to meet the lead safe standard, which compliance schedule shall be subject to approval by the department of health and shall provide for achieving the lead hazard reduction within ninety (90) days. The requirements of the compliance schedule shall be deemed to have been met if a comprehensive lead inspection shows that the lead safe standard has been met at the premises.  (3) A property owner who fails to meet the requirements of subdivision (2) of this subsection shall be notified that the premises are declared unsafe for habitation by children under six (6). A list of property owners so notified and of addresses of premises for which the notice has been given shall be a public record.  (4) A copy of this notice shall be sent to the town clerk or recorder of deeds in the city or town where the property is located, to be recorded pursuant to the provisions of chapter 13 of title 34. The property owner, so notified, shall post and maintain a warning at the primary entrance to the premises and to each dwelling unit therein declaring that the unit is unsafe for children under six (6) years of age. If the property owner shall fail to make or maintain the posting herein required, the department of health shall post the premises as provided for in  23-24.6-12(2).  (5) Any property owner who receives notice that a dwelling unit is high risk and who fails to abate lead hazards in accordance with a compliance schedule as provided in subdivision (2) of this subsection and there is a subsequent instance of an at risk occupant with an environmental intervention blood lead level, which is attributable in whole or in part to conditions in the dwelling unit, shall be deemed to have committed a criminal offense and may be punished by imprisonment for not more than five (5) years and/or by a fine of not more than twenty thousand dollars ($20,000).  (6) Any property owner who receives notice that a dwelling unit is high risk and who has substantially completed the required remediation as determined by the department may become reclassified from high risk to abatement in progress contingent upon adherence to the approved compliance schedule for the remaining remediation efforts.   (f) Nothing in this section shall be deemed to limit or impair the existing rights of parties to take action to compel property owners to improve or maintain property under common law or pursuant to any of the general laws of the state of Rhode Island.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2; P.L. 2005, ch. 142,  1; P.L. 2005, ch. 143,  1. 
 23-24.6-24. Exemptions. Notwithstanding any other law, any and all certification and licensure fees charged and costs incurred pursuant to the provisions of this chapter shall not be subject to reimbursement to any municipality by operation of any mandate of this chapter.  History of Section.P.L. 1991, ch. 355,  1. 
 23-24.6-25. Interpretation and severability. The provisions of this chapter shall be liberally construed and shall be held to be in addition to, and not in substitution for or a limitation of, the provisions of any other law. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the remainder of the chapter and the application of the provisions to any other person or circumstances shall not be affected by this invalidity.  History of Section.P.L. 1991, ch. 355,  1. 
 23-24.6-26. Rules and regulations. The director is authorized to adopt, modify, or repeal and promulgate rules and regulations as are in accord with the purposes of  23-24.6-1  23-24.6-27, and shall be subject to the Administrative Procedures Act, chapter 35 of title 42. All rules and regulations promulgated by the director shall provide for the use of lead safe reduction as the preferred method where possible to meet the requirements of this chapter. The rules shall provide for notification, pursuant to the provisions of  23-24.6-12, to occupants of a premise, of lead-hazards following a comprehensive environmental lead inspection at the premises when there is a reasonable likelihood that given the age, type, and condition of the premises that significant lead-hazards are present in other dwelling units. The rules shall also specify the required frequency for all refresher training courses.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2; P.L. 2014, ch. 428,  1; P.L. 2014, ch. 446,  1. 
 23-24.6-27. Administrative fines. (a) In addition to any other enforcement authority granted under this chapter, whenever on the basis of any information, the department determines that a person has violated, or is in violation of  23-24.6-12, 23-24.6-13, 23-24.6-14 or 23-24.6-17 regarding lead hazard reduction, or  23-24.6-20 regarding licensure, any rule or regulation promulgated pursuant to any of these sections, or any orders issued under any of these sections, rules, or regulations, the director may issue an order fining the person an amount not to exceed five thousand dollars ($5,000) per day for each current or past violation, requiring compliance immediately or within a specified time period, or both. Each day of continued violation may be considered a separate violation. Each violation in any premises may be considered a separate violation.  (b) In addition to any other enforcement authority granted under this chapter, whenever on the basis of any information, the department determines that a person has violated, or is in violation of,  23-24.6-15 regarding inspections, any rule or regulation promulgated pursuant to that section, or any orders issued under that sections rules or regulations, the director may issue an order civilly fining the person one hundred dollars ($100) per day for any current or past violation, requiring compliance immediately or within a specified time period, or both. Each day of continued violation may be considered a separate violation. Each violation in any premises may be considered a separate violation.  (c) Within thirty (30) days after any order issued pursuant to this section is served, the order shall become final unless the person or persons named in the order request a hearing. Upon that request, the director shall conduct a hearing as soon as reasonably possible.  (d) In connection with any proceeding under this section, the director may issue subpoenas for attendance and testimony of witnesses and the production of papers, books, documents, and other materials.  (e) If any person liable to pay any civil fine neglects or refuses to pay after demand, the amount, together with interest and any other costs that may accrue, shall be a lien in favor of the state upon only the real property of the person that is subject to the order only after the lien has been entered and recorded in the city/town in which the property is situated.  (f) In determining the amount of any civil fine pursuant to this section, the director shall consider the willfulness of the violation; the circumstances and severity of the violation; the ability of the violator to comply; damage or injury to public health and welfare including elevated blood levels of impacted children, environmental damage to the premises and neighborhood, possible economic benefits realized by the violator; the costs incurred by the state; and any other relevant factors.  (g) The director shall issue regulations to implement this section. At a minimum, the regulations shall set forth how long after receiving any order from the director or any other notice of a violation a person has to comply with the law before civil fines will be assessed, the circumstances in which no grace period will apply, the circumstances in which any grace period may be extended, and the procedure and times frames to request an extension. The regulations shall also include a penalty matrix to be used as a guide in the calculation of a fine levied pursuant to this section.  (h) Any fines levied pursuant to this section shall be done in lieu of any civil penalties issued pursuant to  45-24.3-18(a), and no housing authority shall issue any civil penalty for the same violation.  History of Section.P.L. 1994, ch. 54,  1; P.L. 2001, ch. 86,  10; P.L. 2014, ch. 428,  1; P.L. 2014, ch. 446,  1. 
 23-24.6-3. Declaration of purposes. The purposes of this chapter are: (1) to protect the public health and public interest by establishing a comprehensive program to reduce exposure to environmental lead and prevent childhood lead poisoning, the most severe environmental health problem in Rhode Island; and (2) to establish rigorous, systematic enforcement of requirements for the reduction of lead hazards in properties where children have been lead poisoned; and (3) to define the role of the department of health as the lead state agency charged with: (i) defining lead poisoning, (ii) establishing programs for screening persons, especially children under the age of six (6) years, who are at risk of lead poisoning, (iii) setting standards for eliminating and reducing lead hazards in buildings and premises, including dwellings where a child under the age of six (6) years who has been lead poisoned resides, (iv) providing information to the public and segments thereof about the risks of lead poisoning, and (v) initiating enforcement actions against persons who violate the provisions of this chapter or regulations promulgated pursuant to this chapter. The goal of this chapter is to reduce the incidence of childhood lead poisoning in Rhode Island to the greatest extent feasible.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2. 
 23-24.6-4. Definitions. For the purposes of this chapter: (1) Childhood lead poisoning means a confirmed venous blood lead level, measured in micrograms of lead per deciliter of whole blood, established by rule by the Rhode Island department of health based on the best available information about the effects of elevated blood lead levels.  (2) Comprehensive environmental lead inspection means the inspection of any structure or premises for the presence of lead in various media and includes sampling as may be necessary or expedient in order to determine compliance in the structure or premises with standards for being lead safe or lead free.  (3) Department means the state department of health.  (4) Director means the director of health.  (5) Dwelling means any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants.  (6) Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.  (7) Environment intervention blood lead level means a confirmed concentration, in a person under six (6) years of age, of lead in whole blood of greater than or equal to twenty (20) micrograms per deciliter for a single test or for fifteen (15) to nineteen (19) micrograms per deciliter for two (2) tests taken at least three (3) months apart or as defined by the department consistent with regulations adopted by the U.S. Department of Housing and Urban Development.  (8) Environmental lead hazard reduction means activities undertaken by or on behalf of a property owner in order to achieve lead free or lead safe status pursuant to the requirements of this chapter.  (9) Inspection means the inspection, other than a comprehensive environmental lead inspection, of any structure or premises undertaken to determine compliance with the requirements of this chapter or with orders issued pursuant to this chapter.  (10) Insurer means every medical service corporation, hospital service corporation, health maintenance organization, or other insurance company offering and/or insuring health services; the term includes any entity defined as an insurer under  42-62-4.  (11) Lead contractor means any person or entity engaged in lead hazard reduction as a business and includes consultants who design, perform, oversee, or evaluate lead hazard reduction projects undertaken pursuant to the requirements of this chapter.  (12) Lead exposure hazard means a condition that presents a clear and significant health risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children under the age of six (6) years.  (13) Lead free means that a dwelling, dwelling unit, or premises either contains no lead or contains lead in amounts less than the maximum acceptable environmental lead levels established by department of health regulations.  (14) Lead hazard reduction means any action or actions designed to reduce exposure to toxic levels of lead which impose an unacceptable risk of exposure in any dwelling or dwelling unit, where a child under the age of six (6) years, with environmental intervention blood lead level or greater resides, or on any premises and may include, but is not limited to: repair, enclosure, encapsulation, or removal of lead based paint and/or lead contaminated dust, soil or drinking water; relocation of occupants; and cleanup measures or ongoing maintenance measures, which may include activities and/or measures that do not present an undue risk to children under age six (6) and can be performed by, or on behalf of, the property owner, without the person performing such activities being licensed or certified.  (15) Lead safe means that a dwelling, dwelling unit, or premises has undergone sufficient lead hazard reduction to ensure that no significant environmental lead hazard is present and includes but is not limited to covering and encapsulation.  (16) Occupant means any person who legally resides in, or regularly uses, a dwelling, dwelling unit, or structure; provided, however, that a guest of any age shall not be considered an occupant for the purposes of this chapter.  (17) Owner means any person who, alone or jointly or severally with others:  (i) Shall have legal title to any dwelling or dwelling unit with or without accompanying actual possession of it, or  (ii) Shall have charge, care, or control of any dwelling or dwelling unit as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any person representing the actual owner shall be bound to comply with the provisions of this chapter and with rules and regulations adopted pursuant to this chapter to the same extent as if that person were the owner. An agent of the owner excludes real estate and property management functions where the agent is only responsible for the property management and does not have authority to fund capital and/or major property rehabilitation on behalf of the owner.  (iii) For purposes of publicly owned property only, the owner shall be defined to be the chief executive officer of the municipal or state agency which owns, leases, or controls the use of the property.  (18) Person means any individual, firm, corporation, association, or partnership and includes municipal and state agencies.  (19) Premises means a platted lot or part thereof or unplatted lot or parcel of land, or plot of land, occupied by a dwelling or structure and includes any building, accessory structure, or other structure thereon which is or will be frequently used by children under the age of six (6) years.  (20) Program means the comprehensive environmental lead program established by this chapter.  (21) State inspector means the director, his or her designee, or any inspector employed by the department of health who is authorized by the director to conduct comprehensive environmental lead inspections and/or other inspections for the department.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2; P.L. 2005, ch. 142,  1; P.L. 2005, ch. 143,  1. 
 23-24.6-5. Environmental lead program. (a) There is established within the department of health an environmental lead program which shall be responsible for creating a coordinated and comprehensive program for lead poisoning prevention, including screening and detection, education, lead hazard reduction, and enforcement. The program shall exercise any and all authorities of the department which may be necessary and appropriate, including but not limited to promulgating and enforcing regulations, which regulations shall set forth a general framework for actions to be taken in response to childhood lead poisoning at different blood lead levels.  (b) The department shall develop an educational program regarding environmental lead exposures and lead poisoning.  (c) The department shall promulgate regulations for acceptable environmental lead levels in dwellings, where a child under the age of six (6) years with environmental intervention blood lead level or greater resides, and in buildings or properties frequently used by children under the age of six (6) years, including standards for lead on painted surfaces and surface coatings, drinking water, household dusts, and soil.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2. 
 23-24.6-6. Interagency coordinating council on environmental lead. (a) There is established an interagency coordinating council on environmental lead within the department of health consisting of six (6) members.  (b) The purpose of the council shall be as follows:  (1) To coordinate the activities of its member agencies with respect to: (i) environmental lead policy; (ii) the development of educational materials; (iii) drafting regulations which have as their purpose reducing or preventing lead poisoning; and (iv) enforcement of laws, regulations, and ordinances pertaining to lead poisoning and lead poisoning prevention.  (2) To recommend the adoption of policies with regard to the detection and elimination of the hazards to the public posed by exposure to lead in the environment;  (3) To recommend the adoption of policies with regard to the screening and treatment of individuals suffering from elevated exposures to environmental lead; and  (4) To report on or before March 1 of each year to the governor, speaker of the house and the president of the senate on both the progress of the comprehensive environmental lead program and recommendations for any needed changes in legislation, which report shall at a minimum: (i) provide by city and town, the incidence and levels of lead poisoning; (ii) describe educational programs; (iii) summarize regulations adopted pursuant to the provisions of this chapter and chapter 128.1 of title 42, and state the number of enforcement actions pursuant to this chapter initiated, the number completed or closed due to successful remediation of lead hazards, the number completed or closed for other reasons (which reasons shall be explained), and the number that remain open (including information on how long such actions have been open and the reasons they have not been completed).  (c) The members of the council shall be as follows:  (1) There shall be five (5) ex officio members: the director, the director of environmental management, the director of human services, the attorney general, and the executive director of the housing resources commission or their designees.  (2) There shall be one local government official, who shall have knowledge of lead hazard reduction programs at the local level, appointed by the president of the Rhode Island League of Cities and Towns.  (3) [Deleted by P.L. 2002, ch. 187,  2 and by P.L. 2002, ch. 188,  2.]  (d) The members shall elect from among their members a chairperson, a vice chairperson, and secretary.  (e) The council shall meet at the call of the chairperson, but not less than quarterly. The director shall provide any meeting and hearing rooms and secretarial staff that the council may require.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 180,  51; P.L. 2002, ch. 187,  2; P.L. 2002, ch. 188,  2. 
 23-24.6-7. Screening by health care providers. (a) The department shall promulgate regulations establishing the means by which and the intervals at which children under six (6) years of age shall be screened for lead poisoning. The department is also authorized to require screening for lead poisoning in other high risk groups.  (b) Each physician registered or licensed by Rhode Island or any agency of Rhode Island shall screen children under six (6) years of age for lead poisoning at the intervals and using the methods specified in the regulations adopted pursuant to subsection (a). Each licensed, registered or approved health care facility serving children under six (6) years of age, including but not limited to hospitals, clinics, and health maintenance organizations, shall take appropriate steps to ensure that their patients receive screening for lead poisoning at the intervals and using the methods specified in these regulations.  (c) All health care programs funded in whole or in part with state money and having child health components shall include, require, and/or provide for screening children under six (6) years of age for lead poisoning at the intervals and using the methods specified in the regulations promulgated under this section.  (d) The provisions of this section shall not apply if the parents of the child object to the child undergoing blood lead screening on the grounds that the screening conflicts with their religious tenets and practices.  (e) All blood samples taken by physicians or other health care providers licensed in Rhode Island or by licensed, registered, or approved health care facilities in Rhode Island from children under the age of six (6) years for the purpose of screening for blood lead level shall be sent to the state laboratory in the department of health for laboratory analysis.  (f) The department shall, at least annually, analyze and summarize all of the lead screening information provided by physicians, health care facilities, and laboratories and provide this information to all other local and state agencies involved with case management and lead hazard reduction. An analysis and summary of the data shall also be made available, at least annually, to the health care community, to the general assembly, and the general public in a format that is easily understandable to non-technical readers.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10. 
 23-24.6-8. Screening prior to child care or school enrollment. (a) Each child care provider licensed, certified, or approved by any Rhode Island state agency shall obtain from a parent or guardian of each child in care under the age of six (6) years, but not less than nine (9) months of age, evidence that the child has been screened for lead poisoning or a certificate signed by the parent or guardian stating that blood testing is contrary to that persons beliefs.  (b) Each public and private nursery school and kindergarten shall, prior to initial enrollment of a child, obtain from a parent or guardian of the child evidence that the child has been screened for lead poisoning according to guidelines established under  23-24.6-7, or a certificate signed by the parent or guardian stating that blood testing is contrary to that persons beliefs.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10. 
 23-24.6-9. Reimbursement by third party payers. Screening for lead poisoning and lead screening related services for children under six (6) years of age as required by department regulations and diagnostic evaluations for lead poisoning for children under six (6) years of age, including but not limited to confirmatory blood lead testing, shall be a covered health benefit and be reimbursable under any general or blanket policy of accident or health insurance offered by an insurer except for supplemental policies which only provide coverage for specific diseases, hospital indemnity Medicare supplements, or other supplemental policies. The department of human services shall pay for the lead screening and lead screening related and diagnostic evaluation services where the patient is eligible for medical assistance under the provisions of chapter 8 of title 40. The department of health shall pay for the lead screening and lead screening related and diagnostic evaluation services where the patient is not covered by any health insurance. All companies which are self insured for health care services will be encouraged by the department to participate as other insurers.  History of Section.P.L. 1991, ch. 355,  1; P.L. 2001, ch. 86,  10. 
 23-24.7-1. Short title. This chapter may be cited as the Occupational Health Lead Protection Act. History of Section.P.L. 1992, ch. 217,  1. 
 23-24.7-2. State funding. (a) No state funding shall be used to finance any portion of a construction, renovation, or demolition project involving disturbance of lead based paint or lead based surface coating material unless and until the contract for the project specifies that:  (1) The contractor shall be responsible for compliance with, and training of all site supervisors and workers in, the applicable requirements established by the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor in the general industry standard for lead (29 CFR 1910.1025), the respiratory protection standard (29 CFR 1910.134), the construction industry standard (29 CFR 1926), the most current edition of OSHA publication 3126 Working with Lead in the Construction Industry, NIOSH publication 91-116 Request for Assistance in Preventing Lead Poisoning in Construction Workers (August 1991), as well as other applicable policies, rules, and regulations promulgated by cognizant state agencies;  (2) The contractor shall comply with all environmental lead regulations promulgated by the department of health, department of environmental management, and other cognizant state or federal agencies with jurisdiction in these areas.  (3) The contractor shall pay for all medical monitoring of employees that is required by law.  (b) For the purpose of this chapter, state funds shall specifically include but not be limited to, direct state appropriations, restricted receipt accounts, federal grants administered by state agencies, proceeds of bonds issued by state agencies, categorical or block grants to municipalities, and money designated for state revenues sharing with municipalities.  (c) To the extent that authority has not been vested in the director of health pursuant to  23-24.6-26, the director of health is authorized to adopt any rules and regulations necessary to implement the provisions of this chapter. Notwithstanding the foregoing, the director of health shall not adopt any rules or regulations until the procedures in chapter 35 of title 42, the Administrative Procedures Act, have been followed.  History of Section.P.L. 1992, ch. 217,  1. 
 23-24.8-1. Prohibition against sale of mercury fever thermometers. (a) No mercury fever thermometer may be distributed, sold or offered for sale in this state on or after January 1, 2002, except by prescription. As used in this section, the term mercury fever thermometer includes any device containing mercury in which the mercury is used to measure the internal body temperature of a person.  (b) The ban shall not apply to digital thermometers utilizing mercury-added button cell batteries.  (c) The manufacturers of mercury fever thermometers distributed, sold or offered for sale in this state on or after January 1, 2002 shall supply clear instructions on the careful handling of the thermometer to avoid breakage and information on the potential health risks associated with exposure to mercury from a damaged or broken thermometer.  History of Section.P.L. 2001, ch. 207,  1. 
 23-24.9-1. Short title. This chapter shall be known as the Mercury Reduction and Education Act. History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-10.1. Resource recovery corporation option. The department and the Rhode Island resource recovery corporation shall establish a statewide network for the collection of mercury-added products when the household consumer is finished with them. Manufacturers, except motor vehicle manufacturers subject to the provisions of subdivision 23-24.9(10)(b)(2) of mercury-added products may satisfy their obligations, as set forth in subsection 23-24.9-10(a), by entering into a written agreement with those agencies to support the statewide program including, but not limited to, advertisement, education and/or funding through a system established in regulation.  History of Section.P.L. 2005, ch. 266,  2; P.L. 2005, ch. 268,  2. 
 23-24.9-10.2. Mercury-containing thermostats. (a) Manufacturer responsibility. Each thermostat manufacturer that has offered for final sale, sold at final sale, or has distributed mercury-containing thermostats in Rhode Island shall, individually or collectively:  (1) No later than November 1, 2010, submit a detailed description of a collection program for mercury thermostats that meets the requirements of this section to the department. The department shall have thirty (30) days from the date of submittal to review and provide comment on the program. The final program description shall be submitted to the department no later than December 31, 2010.  (2) On or after January 1, 2011, make collection containers available to all qualified contractors, thermostat wholesalers, thermostat retailers, and local government collections in this state that request a container. Each thermostat manufacturer shall with each container include information regarding the proper management of mercury containing thermostats as universal waste in accordance with the collection program and the departments rules.  (3) Establish a system to collect, transport, and properly manage out-of-service mercury thermostats from all collection sites established under this section.  (4) Not include any fees or other charges to persons participating in the program, except that each thermostat wholesaler, qualified contractor, local government collection, or thermostat retailer that is provided with one or more collection containers may be charged a one-time program administration fee not to exceed seventy-five dollars ($75.00) per collection container.  (5) From January 1, 2011, through December 31, 2014, conduct education and outreach efforts including, but not limited to: (i) Promoting the availability of collection containers to qualified contractors, wholesalers, thermostat retailers, and units of local government in this state: (ii) Educating contractors, homeowners and other interested persons on the importance of properly managing out-of-service mercury thermostats and opportunities for the collection of those thermostats and the availability of manufacturer supported program(s): (iii) Providing signage to participating collection locations that can be prominently displayed to promote the collection and recycling of out-of-service mercury thermostats to contractors and consumers; and (iv) Written materials or templates of materials for reproduction by participating wholesalers and thermostat retailers to be provided to customers at the time of purchase or delivery of a thermostat. These materials shall include, but not limited to, information on the importance of properly managing out-of-service mercury thermostats and opportunities for the collection of those thermostats.  (6) For calendar year 2011, collect at least two thousand (2000) mercury thermostats taken out-of-service in the state during the calendar year. For calendar year 2012, the goal shall be to collect at least two thousand two hundred fifty (2,250) mercury thermostats. For calendar year 2013 and 2014, the goal shall be to collect at least two thousand five hundred (2,500) mercury thermostats taken out-of-service in the state during each calendar year.  (7) Beginning in 2012, submit an annual report to the department by March 1, of each year that includes, at a minimum, all of the following:  (i) The number of mercury-containing thermostats collected and recycled by that manufacturer pursuant to this section during the previous calendar year;  (ii) The estimated total amount of mercury contained in the thermostat components collected by that manufacturer pursuant to this section in the previous calendar year;  (iii) An elevation of the effectiveness of the manufacturers collection program;  (iv) An accounting of the administrative costs incurred in the course of administering the collection and recycling program; and  (v) A list of locations that participate as collection sites.  (b) Department responsibilities.(1) Collection points. The department shall maintain and post on their website a list of units of local government, thermostat retailers and any other locations that are collection points for mercury thermostats.  (2) Education outreach. In conjunction with the educational and outreach programs implemented by manufacturers, the department shall conduct an education and outreach program directed toward wholesalers, retailers, contractors, and homeowners to promote the collection of out-of-service mercury-containing thermostats.  (3) Rate of collection. For calendar year 2015 through 2020, the collection goals shall be established by the department. The department shall establish collection goals no later than November 1, 2014. In developing collection goals, the department shall take into account, at a minimum: (i) The effectiveness of collection programs for out-of-service mercury thermostats in the state and other states; (ii) Collection requirements in other states; (iii) Any reports or studies on the number of out-of-service mercury thermostats that are available for collection in this state, other states, and nationally; and (iv) Other factors. Prior to establishing the collection goals, the department shall consult with stakeholder groups that include, at minimum, representatives of thermostat manufacturers, environmental groups, thermostat wholesalers, contractors, and thermostat retailers.  (4) Modifications to collection programs. Modifications required by the department may include, but not be limited to, improvements to outreach and education conducted under the collection program, expansion of the number of collections sites established under the program, and modification of the roles of participants. Modifications that may include a five dollar ($5) incentive in the form of either cash or a coupon offered by the manufacturer to contractors and consumers for each out-of-service mercury thermostat returned to a collection site may not be considered prior to January 1, 2014. In the event that the department determines that a program shall be modified, the department shall consult with thermostat manufacturers, thermostat wholesalers, thermostat retailers, service contractors, environmental groups and municipalities to develop the revisions to the program. If the program is modified to include a financial incentive, the department may exempt local government collections from the financial incentive provision. Any modifications made to the collection program shall be subject to the provisions of chapter 35 of title 42, (The Administrative Procedures Act).   History of Section.P.L. 2010, ch. 131,  2; P.L. 2010, ch. 145,  2. 
 23-24.9-10.3. Sunset provisions. The department shall review the provisions of  23-24.9-10.2 no later than September 1, 2019, to determine if the provisions of said section shall sunset and the appropriate date for such action or if the approved rates of collection should be revised. The department shall make such a determination based on the best available data pertaining to the remaining number of out-of-service mercury-containing thermostats and the collection rates achieved under the provisions. The department shall report to the general assembly no later than January 1, 2020, as to the determination made by the department. If the department determines that the provisions of  23-24.9-10.2 shall continue then the department shall subsequently review the provisions of said section no later than September 1, 2022, and every two (2) years thereafter until such provisions are no longer required and the department shall report such findings to the general assembly for purposes of repealing the section.  History of Section.P.L. 2010, ch. 131,  2; P.L. 2010, ch. 145,  2. 
 23-24.9-10. Collection of mercury-added products. (a) After January 1, 2006, no mercury-added product shall be offered for final sale or use or distribution for promotional purposes in Rhode Island unless the manufacturer, either on its own or in concert with other persons, has implemented a system, after review and approval of the corporation in collaboration with the director, for the convenient and accessible collection of such products when the consumer is finished with them. Mercury-added components in motor vehicles shall be collected and recycled as provided for in subdivision (b)(2). Mercury-containing thermostats shall be collected and recycled as provided for in  23-24.9-10.2. Mercury-containing lamps from covered entities shall be collected and recycled as provided for in subsection (b)(4).  (b)(1) This section shall not apply to the collection of mercury-added button cell batteries or products where the only mercury contained in the product comes from a mercury-added button cell battery; and  (2) Mercury-added components in motor vehicles at end of life shall be collected and recycled as provided in this subsection. Significant, willful failure to comply with rules and/or regulations to implement the provisions of this section shall constitute, as may be determined by the department, a violation of the ban established in  23-24.9-9. No scrap recycling facility or other person that receives a flattened, crushed, or baled end-of-life vehicle shall be deemed to be in violation of subdivision (b)(2), and rules and regulations pursuant thereto, or  23-24.9-9 if a mercury switch is found in the vehicle after its acquisition.  For the purposes of subdivision (b)(2), the following terms shall have the following meanings: (i) Capture rate means the annual removal, collection, and recovery of mercury switches, as a percentage of the total number of mercury switches available for removal from end-of-life vehicles as determined by the department of environmental management. Capture rate shall not include mercury switches that are inaccessible due to significant damage to the motor vehicle in the area where the mercury switch is located; (ii) Mercury-added component or Mercury switch means a mercury-added convenience light switch assembly or capsule from an end-of-life motor vehicle; (iii) Scrap-recycling facility means a fixed location where machinery and equipment are utilized for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes; and (iv) Vehicle recycler means an individual or entity licensed under the provisions of  42-14.2-3 that engages in the business of acquiring, dismantling, parts recycling from, or destroying six (6) or more end-of-life vehicles in a calendar year.  (A) Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches shall, individually or collectively, establish and implement a collection program for mercury switches to achieve a capture rate of not less than fifty percent (50%) for calendar year 2006, and not less than seventy percent (70%) for calendar year 2007 and each calendar year thereafter through calendar year 2017.  (B) The department shall develop, issue, administer, and enforce regulation compelling the manufacturers of motor vehicles sold in Rhode Island that contain mercury switches to undertake a collection program as set forth in this subparagraph. The department shall determine that the capture rate in each year of the program and shall assess whether any failure to achieve the capture rate was the result of a force-majeure. The department shall report publicly on or before March 31, each year its findings with regard to the capture rate during the prior year. The manufacturer or manufacturers shall pay the total cost of the removal, replacement, collection, and recovery system for mercury switches under this subparagraph to the vehicle recycler or scrap-recycling facility that removed the switch. The total cost shall include, but not be limited to, a minimum of five dollars ($5.00) for each mercury switch removed by a vehicle recycler or by a scrap-recycling facility, as partial compensation for the labor and other costs incurred in the removal of the mercury switch.  (3) The provisions of subdivision (b)(2) shall satisfy collection programs and disposal requirements for mercury switches for all motor vehicles sold in the state.  (4) Effective January 1, 2020, manufacturers of mercury-containing lamps sold in Rhode Island shall, individually or collectively, establish and implement a statewide collection program, approved by the corporation in collaboration with the department, for the recycling of mercury-containing lamps from covered entities.  (i) The recycling program required under this subsection must include:  (A) Convenient collection locations located throughout the state where mercury-containing lamps from covered entities can be dropped off without cost, including, but not limited to, municipal collection sites and participating retail establishments;  (B) Handling and recycling equipment and practices in compliance with the universal waste rules; and  (C) Effective education and outreach, including, but not limited to, point-of-purchase signs and other materials provided to retail establishments without costs.  (ii) A manufacturer required to implement a statewide collection program under this subsection shall submit its proposed recycling program for review and approval by the corporation in collaboration with the department. The corporation shall solicit public comment on the proposed program before approving or denying the program.  (iii) Beginning January 1, 2020, a manufacturer not in compliance with this section is prohibited from offering any mercury-containing lamp for final sale in the state or distributing any mercury-containing lamp in the state. A manufacturer not in compliance with this section shall provide support to retailers to ensure the manufacturers mercury-containing lamps are not offered for sale, sold at final sale, or distributed in the state.  (iv) Beginning January 1, 2020, a retailer may not offer for final sale a mercury-containing lamp produced by a manufacturer not in compliance with this section.  (v) Beginning in 2020, and biennially thereafter, the corporation shall report to the general assembly on any modifications to the manufacturer recycling programs it intends to make to improve mercury-containing lamp recycling rates and any recommendations for statutory changes needed to facilitate mercury-containing lamp collection and recycling.  (vi) Manufacturers of mercury-containing lamps sold in Rhode Island shall individually or collectively 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 one full-time equivalent employee.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2003, ch. 235,  1; P.L. 2003, ch. 328,  1; P.L. 2005, ch. 70,  1; P.L. 2005, ch. 81,  1; P.L. 2005, ch. 266,  1; P.L. 2005, ch. 268,  1; P.L. 2006, ch. 318,  1; P.L. 2006, ch. 507,  1; P.L. 2010, ch. 131,  1; P.L. 2010, ch. 145,  1; P.L. 2016, ch. 143,  2; P.L. 2016, ch. 161,  2. 
 23-24.9-11. Disclosure for mercury-added formulated products  Healthcare facilities. (a) By July 1, 2005, the manufacturers of formulated mercury-added products offered for sale or use to a health care facility in Rhode Island must provide both the director and the recipient healthcare facility a certificate of analysis documenting the mercury content of the product, down to a one part per billion level. Such formulated mercury-added products include, but are not limited to: acids; alkalis; bleach (sodium hypochlorite); materials used for cleaning, in maintenance, or for disinfection; stains; reagents; preservatives; fixatives; buffers; and dyes.  (b) The certificate of analysis must report the result of an analysis performed for mercury on the specific batch or lot of that product offered for sale. The batch or lot number of the product shall be clearly identified on the product and on the certificate of analysis.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2003, ch. 235,  1; P.L. 2003, ch. 328,  1. 
 23-24.9-12. Limitations on the use of elemental mercury. After January 1, 2003, no person may sell or provide elemental mercury to another person in Rhode Island, except for manufacturing or recycling or disposal purposes, without providing a material safety data sheet, as defined in the United States Code, title 42, section 11049 [42 U.S.C.  11049], and requiring the purchaser or recipient to sign a statement that the purchaser: (1) will use the mercury only for medical, dental amalgam dispose-caps, research, or manufacturing purposes; (2) understands that mercury is toxic and that the purchaser will store and use it appropriately so that no person is exposed to the mercury; and (3) will not place or allow anyone under the purchasers control to place or cause to be placed the mercury in solid waste for disposal or in a wastewater treatment and disposal system.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-13. Existing inventories. Those mercury-added products with a code or date of manufacture indicating they were manufactured prior to July 13, 2001 are exempt from  23-24.9-6  23-24.9-8 and  23-24.9-10 and 23-24.9-11. If the mercury-added product has a date of manufacture or the manufacturer can provide documentation that the product in question was manufactured prior to July 13, 2001, it is exempt from the above listed sections. Situations that are beyond the control of the manufacturer, such as old stock being held by retailers, should be addressed on a case-by-case basis.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-14. Public education and outreach. (a) The director shall coordinate the development of a public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups in concert with other relevant state agencies. This public education, outreach, and assistance program should focus on the hazards of mercury; the requirements and obligations of individuals, manufacturers, and agencies under this law; and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment.  (b) The director shall cooperate with the neighboring states and provinces and regional organizations in the northeastern U.S. and Canada on developing outreach, assistance, and education programs, where appropriate.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-15. State procurement preferences for low or nonmercury-added products. (a) Notwithstanding other policies and guidelines for the procurement of equipment, supplies, and other products, the Rhode Island department of administration shall by January 1, 2003, revise its policies, rules, and procedures to implement the purposes of this chapter.  (b) The Rhode Island department of administration shall give priority and preference to the purchase of equipment, supplies, and other products that do not contain mercury-added compounds or components, unless there is no economically feasible nonmercury-added alternative that performs a similar function. In circumstances where a nonmercury-added product is not available, preference shall be given to the purchase of products that contain the least amount of mercury-added to the product necessary for the required performance.  (c) State dental insurance contracts negotiated after January 1, 2003, shall provide coverage for non-mercury fillings at no additional expense to the state employee.  (d) Mercury-containing lamp purchasing. When making purchasing decisions on mercury-containing lamps, the Rhode Island department of administration shall request information on mercury content, energy use, lumen output, and lamp life from potential suppliers and shall issue specifications and make purchasing decisions that favor models at comparable cost with high-energy efficiency, lower mercury content, and longer lamp life. Information obtained on mercury content, energy use, and lamp life must be made available by the Rhode Island department of administration to other purchasers who purchase a large number of mercury-containing lamps. This information must also be posted on the states publicly accessible website.  (e) Extra consideration shall be given to those vendors who provide substitute information on non-mercury lamps like light-emitting diode (LED) that have the same price, specifications, lumen output, and lamp life of what is being sought in the bid abstract.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2016, ch. 143,  2; P.L. 2016, ch. 161,  2. 
 23-24.9-16. Violations. Effective July 1, 2005, a violation of any of the provisions of this law or any rule or regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for each violation.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2003, ch. 235,  1; P.L. 2003, ch. 328,  1. 
 23-24.9-17. State review. The department shall, in consultation with the conference of New England Governors/Eastern Canadian Premiers Environment Committee and/or an interstate mercury clearinghouse should one be developed, coordinate a review of the effectiveness of this chapter no later than January 1, 2006, and shall provide a report based upon that review to the governor and general assembly. The report shall review the effectiveness of the programs as established under the chapter and contain recommendations for improving them. As part of this review, the department shall evaluate the effectiveness of the collection systems established under this chapter and determine whether additional state authority or targeted capture rates are needed to improve those systems. In addition to this review process, the department shall evaluate the need for additional incentives for manufacturers of mercury-added products that are below ten (10) milligrams to reduce the amount of mercury in those products.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-18. Application to products regulated by the Food and Drug Administration (FDA). Nothing in this chapter shall apply to prescription drugs regulated by the Food and Drug Administration under the Federal Food, Drug and Cosmetic Act, 21 U.S.C.  301 et. seq., to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C.  262 et. seq., or to any substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C.  301 et. seq.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-19. Mercury advisory working group. The department of environmental management shall be authorized to coordinate the development of a mercury reduction and education advisory working group to advise the department with regard to the development of regulations and programs for the implementation of the provisions of this chapter and with regard to public education pertaining to the continued elimination of mercury-added products in the State of Rhode Island. This advisory working group may include, but not be limited to, designees from the following: the general assembly, department of environmental management, department of health, the attorney generals office, state and/or national organizations interested in mercury reduction and education, consumer and childrens advocacy groups, local chambers of commerce, and those industries that manufacture consumer products which contain mercury.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2003, ch. 235,  1; P.L. 2003, ch. 328,  1. 
 23-24.9-2.1. Oversight and systems planning. (a) The general assembly further finds:  (1) That reduction and elimination of health and environmental threats from mercury is a highly complex undertaking requiring cooperation among policy makers, public health and environmental officials and advocates, private businesses from diverse industries and sectors, consumers, and the general public within Rhode Island and depending on actions in other states and at the federal level;  (2) That systems planning is critical to the smooth, effective, and efficient implementation of programs to reduce and eliminate health and environmental threats from mercury in Rhode Island;  (3) That the implementation of the provisions of this chapter between July 2001 and July 2003 has been incomplete and partial and has given rise to unintended consequences; and  (4) That additional time is required to study how to make the provisions of this chapter more efficient and effective and to provide for needed systems planning.  (b)(1) There is hereby created a fourteen (14) member commission on oversight and planning for mercury hazard reduction and elimination with the following membership: nine (9) members to be appointed by the governor; four (4) representatives of private business; one of whom shall be an engineer with expertise in manufacturing processes and pollution prevention; one of whom shall be an expert on the effects of mercury on public health and/or the environment; one of whom shall be a representative of consumer interests, and two (2) of whom shall be representatives of advocacy organizations, and five (5) of whom shall be ex officio, voting members: the director of the department of environmental management, the director of the department of health, the executive of the Rhode Island economic development corporation, the executive director of the Rhode Island resource recovery corporation, and the executive director of the Rhode Island League of Cities and Towns. The ex-officio members may designate an alternate in writing who shall have voting privileges. The members of the commission shall not receive compensation services. From the membership of the commission, the governor shall designate a chairperson.  (2) The purposes of the commission shall be to study the system for reducing and eliminating mercury hazards in Rhode Island, including, but not limited to:  (A) Identifying current and projected sources of mercury hazards;  (B) Evaluating programs and efforts to reduce the sources in a cost-effective and efficient manner that does not place Rhode Island at a disadvantage with other states;  (C) Building on effective efforts in other states and achieving a consistency with other states in terms of approach and timing of implementation; and  (D) Determining the availability and effectiveness to consumers and the public of programs, facilities for disposal and recycling mercury-added products, and education about mercury-added products and mercury hazards. On or before March 1, 2004, and on or before September 1, 2004, the commission shall present to the governor, the speaker of the house of representatives, and the president of the senate an interim progress report informing them of the scope and progress of the commissions work, to date. The commission shall report its findings and recommendations to the governor, the speaker of the house, and the president of the senate by January 1, 2005, which recommendation shall include such proposals as the commission deems necessary or appropriate for amendments to this chapter.  (3) The commission shall meet at the call of the chair, and shall have the power to adopt bylaws for its organization and appoint such officers and committees as it deems appropriate.  (4) All departments and agencies of the state shall furnish such advice and information, documentary or otherwise, and such support and assistance as the commission deems necessary or desirable. The director of administration shall arrange meeting space for and organizational support to the commission.  (5) The commission shall terminate effective July 1, 2005.  (c) In order to provide time for the commission to complete its work, for planning and implementing such changes to programs as may be proposed, and for enacting such changes as may be desirable, that effective dates for implementing the provisions of this chapter pertaining to phase-outs and exemptions ( 23-24.9-7), labeling ( 23-24.9-8), disposal bans ( 23-24.9-9), collection of mercury-added products ( 23-24.9-10), disclosure ( 23-24.9-11), and violations ( 23-24.9-16) shall be July 1, 2005, unless a later date is provided for in the section, and no actions to enforce said provisions may be undertaken until July 1, 2005, or after, provided, however that voluntary use of the provisions shall be facilitated and allowed.  History of Section.P.L. 2003, ch. 235,  2; P.L. 2003, ch. 328,  2. 
 23-24.9-2. Findings. The general assembly has found and hereby declares that: (1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment;  (2) Mercury deposition has proven to be a significant problem in the northeastern United States;  (3) Consumption of mercury-contaminated freshwater fish poses a significant public health threat to the residents of Rhode Island;  (4) In order to address these real threats to public health and the environment, the state has been, and should continue to, actively cooperate with other states in the region to help minimize harm resulting from mercury in food, soil, air, and water;  (5) According to a 2004 study by the U.S. environmental protection agency titled International Mercury Market Study and the Role and Impact of U.S. Environmental Policy, more than ten percent (10%) of the estimated mercury reservoir in the United States is in thermostats;  (6) In 1998, thermostat manufacturers, General Electric, Honeywell, and White Rodgers established the thermostat recycling corporation (TRC), a non-profit corporation to facilitate recycling of mercury thermostats nationwide. The TRC originally operated solely through wholesalers but has since expanded to enable collection by contractors, household hazardous waste facilities, and retailers. The TRC is a voluntary program in all states, but several states require wholesalers to act as collection points for waste mercury thermostats. Participation in the TRC is likely the simplest, least-cost means of complying;  (7) The manufacturers of mercury-containing thermostats, with the cooperation of the department, should be encouraged to submit a single, unified plan for the collection of mercury-containing thermostats, the cost of which should be appropriately apportioned between participating manufacturers;  (8) The manufacturers of mercury-containing lamps, with the cooperation of the corporation in collaboration with the department, should be encouraged to submit a single, unified plan for the collection of mercury-containing lamps, the cost of which should be appropriately apportioned between participating manufacturers; and  (9) The intent of this chapter is to achieve significant reductions in environmental mercury by encouraging the establishment of effective waste reduction, recycling, management, and education programs.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2010, ch. 131,  1; P.L. 2010, ch. 145,  1; P.L. 2016, ch. 143,  2; P.L. 2016, ch. 161,  2. 
 23-24.9-20.1. Effective dates for implementation. Notwithstanding the effective date of January 1, 2006, set forth in subsections 23-24.9-7(a)(1), 23-24.9-8(a), and 23-24.9-10(a), the initial deadline for complying with the requirements of these subsections shall be January 1, 2006, or ninety (90) days after the effective date of regulations adopted by the department in order to effectuate the purposes of the subsections, whichever date is the later.  History of Section.P.L. 2005, ch. 266,  2; P.L. 2005, ch. 268,  2. 
 23-24.9-20. Regulations. The department shall promulgate rules and regulations to implement and carry out the provisions of this chapter.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2016, ch. 143,  2; P.L. 2016, ch. 161,  2. 
 23-24.9-21. Severability and construction. The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability of any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be affected. The provisions of this chapter shall be liberally construed to give effect to the purposes thereof.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-3. Definitions. For the purpose of this chapter: (1) Component means a mercury-added product that is incorporated into another product to form a fabricated mercury-added product, including, but not limited to, electrical switches and lamps.  (2) Contractor means a person engaged in the business of installation, service, or removal of heating, ventilation, and air-conditioning components.  (3) Corporation means the Rhode Island resource recovery corporation created and established pursuant to chapter 19 of title 23.  (4) Covered entity means any person who presents to a collection facility that is included in an approved plan:  (i) Any number of compact fluorescent mercury-containing lamps; or  (ii) Ten (10) or fewer mercury-containing lamps that are not compact fluorescent lamps and are not from a large-use application.  (5) Department means the department of environmental management.  (6) Director means the director of the department of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.  (7) Fabricated mercury-added product means a product that consists of a combination of individual components that combine to make a single unit, including, but not limited to, mercury-added measuring devices, lamps, and switches to which mercury, or a mercury compound, is intentionally added in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason.  (8) Formulated mercury-added product means a product that includes, but is not limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials that are sold as a consistent mixture of chemicals to which mercury, or a mercury compound, is intentionally added in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason.  (9) Healthcare facility means any hospital, nursing home, extended-care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, physicians office, or health maintenance organization.  (10) Local government collections means collections completed by household hazardous-waste facilities, solid-waste management agencies, environmental management agencies, or the department of health.  (11) Manufacturer means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multi-component mercury-added product, the manufacturer is the last manufacturer to produce or assemble the product. If the multi-component product is produced in a foreign country, the manufacturer is the importer or domestic distributor. In the case of mercury-containing thermostats, the manufacturer is the original equipment manufacturer who or that sells or sold a mercury-containing thermostat under a brand or label the manufacturer owns, or is or was licensed to use a mercury-containing thermostat produced by other suppliers.  (12) In the case of mercury-containing lamps, the manufacturer is a person or entity who or that:  (i) Manufactures or manufactured a mercury-containing lamp under his, her, or its own brand or label for sale in the state;  (ii) Sells in the state under its own brand or label a mercury-containing lamp produced by another supplier;  (iii) Owns a brand that he, she or it licenses, or licensed to another person or entity for use on a mercury-containing lamp sold in the state;  (iv) Imports into the United States for sale in the state a mercury-containing lamp manufactured by a person or entity without a presence in the United States;  (v) Manufactures a mercury-containing lamp for sale in the state without affixing a brand name; or  (vi) Assumes the responsibilities, obligation, and liabilities of a manufacturer as defined under paragraphs (i) through (v) of this subsection.  (13) Mercury-added button cell battery means a button cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.  (14) Mercury-added novelty means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear), or similar products.  (15) Mercury-added product means a product, commodity, chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality, or to perform a specific function or for any other reason. These products include formulated mercury-added products and fabricated mercury-added products.  (16) Mercury-containing lamp means a general-purpose lamp to which mercury is intentionally added during the manufacturing process. Mercury-containing lamp does not mean a lamp used for medical, disinfection, treatment, or industrial purposes.  (17) Mercury-containing thermostat means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. Mercury-containing thermostat includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings, but does not include a thermostat used to sense and control temperature as part of a manufacturing process.  (18) Mercury fever thermometer means a mercury-added product that is used for measuring body temperature.  (19) Person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.  (20) Qualified contractor means a person or entity engaged in the business of installation, service, or removal of heating, ventilation, and air-conditioning components who or that employs seven (7) or more service technicians or installers or who or that is located in an area outside of an urban area, as defined by the United States bureau of the census.  (21) Thermostat retailer means a person or entity who or that sells thermostats of any kind directly to homeowners or other nonprofessionals through any selling or distribution mechanism, including, but not limited to, sales using the internet or catalogues. A retailer may also be a wholesaler if it meets the definition of wholesaler.  (22) Thermostat wholesaler means a person or entity who or that is engaged in the distribution and wholesale sale of thermostats and other heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2010, ch. 131,  1; P.L. 2010, ch. 145,  1; P.L. 2016, ch. 143,  2; P.L. 2016, ch. 161,  2; P.L. 2017, ch. 451,  11. 
 23-24.9-4. Interstate clearinghouse. The department is authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturers notifications regarding mercury-added products, applications for phase-out exemptions, the collection system plans, the disclosures of mercury content for products defined in  23-24.9-3, applications for alternative labeling/notification systems, education and outreach activities, and any other related functions. The clearinghouse may also maintain a list of all mercury added products; a file on all exemptions granted by the state; a file of all the manufacturers reports on the effectiveness of their collection systems; and a file of the certificates of analysis for mercury-added products used by healthcare facilities as defined in  23-24.9-11.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-5. Notification. (a) No later than January 1, 2002, no mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Rhode Island without prior notification in writing by the manufacturer of the product, or its industry trade group, to the director in accordance with the requirements of this section. Such notification shall at a minimum include: (1) a brief description of the product to be offered for sale, use, or distribution; (2) the amount of and purpose for mercury in each unit of the product; (3) the total amount of mercury contained in all products manufactured by the manufacturer; and (4) the name and address of the manufacturer, and the name, address and phone number of a contact.  (b) Any mercury-added product for which federal law governs notice in a manner that preempts state authority shall be exempt from the requirements of this section.  (c) With the approval of the director, the manufacturer may supply the information required in subsection (a) of this section for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the director. The director may define and adopt specific requirements for the content and submission of the required notification.  (d) A fabricated mercury-added product manufacturer is not required to provide mercury content information on its mercury-added component if the component manufacturer has provided the information to the department and if the fabricated mercury-added product manufacturer notifies the department of the specific components used in the fabricated mercury-added product.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1. 
 23-24.9-6. Restrictions on the sale of certain mercury-added products. (a) No later than January 1, 2003, no mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in Rhode Island. Manufacturers that produce and sell mercury-added novelties must notify retailers about the provisions of this product ban and how to dispose of the remaining inventory properly. The requirements of this section shall apply to all mercury-added novelties irrespective of whether or not the product is exempt from the phase-out requirements of  23-24.9-11.  (b) No mercury fever thermometer may be distributed, sold or offered for sale in this state on or after January 1, 2002, except by prescription. As used in this section, the term mercury fever thermometer includes any device containing mercury in which the mercury is used to measure the internal body temperature of a person. This restriction shall not apply to digital thermometers utilizing mercury-added button cell batteries. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers sold through prescription. Mercury fever thermometers manufacturers must also comply with  23-24.9-5 and 23-24.9-7  23-24.9-10.  (c) After January 1, 2003, no school in Rhode Island may use or purchase for use in a primary or secondary classroom, bulk elemental or chemical mercury, or mercury compounds. Manufacturers that produce and sell such materials must notify retailers about the provisions of this ban and how to dispose of the remaining inventory properly. Other mercury-added products that are used by schools are not subject to this prohibition.  (d) Button cell batteries. After June 30, 2011, a person may not sell or offer to sell or distribute for promotional purposes a mercury-added cell battery for consumer use or a product for consumer use that contains a mercury-added button cell battery, except Hg-silver oxide batteries may be offered for sale or distributed for promotional purposes until January 1, 2012.  (e) Commencing February 1, 2011, the following sales prohibitions shall apply to manufacturers, thermostat wholesalers, and thermostat retailers:  (1) A manufacturer not in compliance with  23-24.9-10.2, is prohibited from offering any thermostat for final sale in the state, selling any thermostat at final sale in the state or distributing any thermostat in the state.  (2) A thermostat wholesaler or contractor shall not offer for final sale, sell at final sale or distribute any thermostat unless the wholesaler or contractor acts as a collection site for thermostats that contain mercury:  (i) A wholesaler or contractor may meet the requirements of this subsection by participating as a collection site in a manufacturers collection program as described under  23-24.9-10.2, or by collecting thermostats that contain mercury and managing the collected thermostats in accordance with applicable federal and state universal waste rules.  (ii) A wholesaler or retailer acting as a collection site shall provide visible signage at the site about the collection and recycling of mercury thermostats.  (3) A thermostat wholesaler or thermostat retailer shall not offer for final sale, sell at a final sale, or distribute in this state any thermostat of a manufacturer that is not in compliance with  23-24.9-10.2.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2003, ch. 235,  1; P.L. 2003, ch. 328,  1; P.L. 2007, ch. 387,  1; P.L. 2010, ch. 131,  1; P.L. 2010, ch. 145,  1; P.L. 2011, ch. 249,  1; P.L. 2011, ch. 264,  1. 
 23-24.9-7. Phase-out and exemptions. (a) No mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Rhode Island if the mercury content of the product exceeds:  (1) One gram (1000 milligrams) for mercury-added fabricated products or two hundred fifty (250) parts per million (ppm) for mercury-added formulated products, effective January 1, 2006;  (2) One hundred (100) milligrams for mercury-added fabricated products or fifty (50) parts per million (ppm) for mercury-added formulated products, effective July 1, 2007; and  (3) Ten (10) milligrams for mercury-added fabricated products or ten (10) parts per million (ppm) for mercury-added formulated products, effective July 1, 2009.  (b) For a product that contains one or more mercury-added products as a component, this section is applicable to each component part or parts and not to the entire product. For example, if an iron has a mercury switch, the phase-out applies to the switch and not the entire iron.  (c) For a product that contains more than one mercury-added product as a component, the phase-out limits specified in subsection (a) of this section apply to each component and not the sum of the mercury in all of the components. For example, for a car that contains mercury-added switches and lighting, the phase-out limits would apply to each component separately, and not the combined total of mercury in all of the components.  (d)(1) Fluorescent lamps, cold cathode low pressure mercury discharge lamps/neon lamps and high intensity discharge (HID) lamps, including metal halide, high pressure sodium, and mercury vapor types, shall be exempt from the requirements of subsection (a) of this section. As of January 1, 2010, the mercury content of fluorescent bulbs, cold cathode low pressure mercury discharge lamps/neon lamps shall either not exceed one hundred (100) milligrams or the manufacturer shall comply with the exemption requirements pursuant to subsection (f) of this section. The department may issue rules requiring more stringent mercury content limits for such bulbs or tubes, consistent with limits issued by other states and the European Union.  (2) Specialized lighting used in the entertainment industry, such as metal halide lights, shall be exempted from the requirements of subsection (a) of this section.  (3) Mercury added button cell batteries and products containing mercury added button cell batteries shall be exempted from the phase-out limits specified in subsection (a) of this section.  (e) A mercury-added product shall be exempt from the limits on total mercury content set forth in subsection (f) of this section if the level of mercury or mercury compounds contained in the product are required in order to comply with federal or state health or safety requirements. In order to claim exemption under this section, the manufacturer must notify the department, in writing, and provide the legal justification for the claim of exemption. In addition, laboratory chemical standards shall be exempted from the requirements of subsection (a) of this section.  (f) Manufacturers of a mercury-added product may apply to the director for an exemption for no more than five (5) years from the limits on total mercury content set forth in subsection (a) of this section for a product or category of products. Applications for exemptions must: (1) document the basis for the requested exemption or renewal of exemption; (2) describe how the manufacturer will ensure that a system exists for the proper collection, transportation and processing of the product(s) at the end of their useful life; and (3) document the readiness of all necessary parties to perform as intended in the planned system.  (g) The director may grant, with modifications or conditions, an exemption for a product or category of products if he or she finds: (i) a system exists for the proper collection, transportation and processing of the mercury-added product, including direct return of a waste product to the manufacturer, an industry or trade group supported collection and recycling system, or other similar private or public sector efforts; and (ii) he or she finds the following criteria are met:  (1) Use of the product is beneficial to the environment or protective of public health or protective of public safety; and/or  (2) There is no technically feasible alternative to the use of mercury in the product; and  (3) There is no comparable non-mercury-added product available at reasonable cost.  Prior to issuing an exemption, the director shall consult with neighboring states and provinces and regional organizations to promote consistency. The state shall avoid, to the extent feasible, inconsistencies in the implementation of this section. Upon reapplication by the manufacturer and findings by the director of continued eligibility under the criteria of this subsection and of compliance by the manufacturer with the conditions of the directors original approval, an exemption may be renewed one or more times and each renewal may be for a period of no longer than five (5) years.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2003, ch. 235,  1; P.L. 2003, ch. 328,  1; P.L. 2005, ch. 266,  1; P.L. 2005, ch. 268,  1; P.L. 2007, ch. 387,  1; P.L. 2010, ch. 306,  1. 
 23-24.9-8. Labeling required for certain products. (a) Mercury-added products.(1) Effective January 1, 2006, a manufacturer may not sell at retail in this state or to a retailer in this state, and a retailer may not knowingly sell, a mercury-added product unless the item is labeled pursuant to this subsection. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in waste stream destined for disposal until the mercury is removed or reused, recycled or otherwise managed to ensure that it does not become part of solid waste or wastewater. Manufacturers shall affix to mercury-added products labels that conform to the requirements of this subsection.  (2) The department shall adopt rules to establish standards for affixing labels to the product and product package. The rules shall be consistent with labeling programs in other states and provide for approval of alternative compliance plans by the department. The manufacturer of a mercury-added product is in compliance with the requirements of this subsection if the manufacturer is in compliance with the labeling requirements of another state. This subsection does not apply to mercury-added button cell batteries and products whose only mercury component is a mercury button cell battery or a mercury added lamp.   (b) Mercury-added lamps: large use applications.(1) A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser in writing on the invoice for the lamps or in a separate document that the lamps contain mercury, a hazardous substance that is regulated by federal and state law, and that they may not be placed in solid waste destined for disposal. Retail establishments that incidentally sell mercury-added lamps to the specified purchasers are exempt from the requirements of this subsection.  (2) A person who contracts with the owner or manager of an industrial, commercial or office building or with a person responsible for outdoor lighting to remove from service mercury-added lamps shall clearly inform in writing the person for whom the work is being done that the lamps being removed from service contain mercury and what the contractors arrangements are for the management of the mercury in the removed lamps.   History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2003, ch. 235,  1; P.L. 2003, ch. 328,  1; P.L. 2005, ch. 266,  1; P.L. 2005, ch. 268,  1. 
 23-24.9-9.1. Legislative findings. (a) The general assembly further finds:  (1) In 1998, the Conference of New England Governors and Eastern Canadian Premiers (NEG/ECP) established a landmark goal to virtually eliminate mercury emissions in the region.  (2) The Governors Mercury Task Force has set a goal of having seventy-five percent (75%) of dentists in the region install dental amalgam separators by the end of 2007 and ninety-five percent (95%) of dentists have them in place by the end of 2010.  (3) The Rhode Island Dental Association, the professional association representing the majority of the States dentists has been pro-active in adopting best management practices in handling disposal of dental amalgam.  (4) On Earth Day 2003 the United States Environmental Protection Agency awarded to the Rhode Island Dental Association the New England Region Environmental Merit Award for its mercury reduction efforts.  (5) In 2004 the Rhode Island Dental Association in cooperation with the Narragansett Bay Commission began a pilot program to adopt dental office best management practices.  (6) In 2004 the Narragansett Bay Commission awarded to the Rhode Island Dental Association its Environmental Merit Award for Pollution Prevention.  (7) By the end of 2005, all Rhode Island dental offices within the Narragansett Bay Commissions jurisdiction had adopted Best Management Practices to prevent wastewater pollution.  (8) The department of environmental management is concerned about the contribution of mercury to the environment from amalgam waste disposed of into all wastewater discharges, including septic systems.  (9) Beginning in 2005, the Rhode Island Dental Association, working with the wastewater treatment facility operators in the Pawtuxet River basin have begun to adopt a uniform set of Best Management Practices to include all dental offices within the jurisdiction of those facilities.  History of Section.P.L. 2006, ch. 556,  1. 
 23-24.9-9.2. Best management practices. Rhode Island dental offices and vocational dental education programs shall use and instruct on the use of best management practices to minimize the presence of elemental mercury, unused amalgam, and waste amalgam in their wastewater discharge and in their solid waste. The department shall develop best management practices that include a requirement for an amalgam removal efficiency of at least ninety-nine percent (99%). The department shall define the required best management practices by January 1, 2007. DEM shall consult with the Narragansett Bay Commission, the Rhode Island Dental Association and other interested parties during the development of the best management practices. Dental offices shall comply with the best management practices.  History of Section.P.L. 2006, ch. 556,  1. 
 23-24.9-9.3. Amalgam separators. No later than July 1, 2008, a dental office that, in the course of treating its patients, places or removes dental amalgam must install an amalgam separator system in the wastewater discharge line. For the purposes of this section, an amalgam separator system means a device that removes dental amalgam from the waste stream prior to discharge into either the local public wastewater system or a private septic system located at the dental facility and that has been certified as conforming to the standards of ISO 11143, Dental Equipment  Amalgam Separators. A dental office must demonstrate proper installation, operation, maintenance, and amalgam waste recycling or disposal in accordance with the manufacturers recommendations by maintaining and submitting as necessary annual records on waste shipment and maintenance of the system and any other reporting required in this section. Records of the previous three (3) years shall be maintained at all times. Methods or technologies other than amalgam separators that achieve equivalent or greater dental amalgam discharge reductions and that are approved by the agency shall be deemed to comply with the requirements of this subsection.  History of Section.P.L. 2006, ch. 556,  1. 
 23-24.9-9.4. Exemptions. The following categories of dental offices are exempt from the requirement to install an amalgam separator; provided, that they do not place or remove amalgam:  (a) Orthodontists;  (b) Periodontists;  (c) Endodontists;  (d) Oral and maxillofacial surgeons; and  (e) A dental office that is scheduled to no longer be used as a dental office after January 1, 2008.  History of Section.P.L. 2006, ch. 556,  2. 
 23-24.9-9. Disposal ban. (a) Except as otherwise provided for in this chapter, after July 1, 2006, no person shall dispose of mercury-added products in a manner other than by recycling or disposal as hazardous waste. Mercury from mercury-added products may not be discharged to water, wastewater treatment, and wastewater disposal systems except when it is done in compliance with local, state, and federal applicable requirements.  (b) If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the regulatory requirements relating to mercury of the federal Food and Drug Administration, then the product is exempt from the requirements of this section.  (c) This section shall not apply to: (1) anyone who disposes of a mercury-added button cell battery; or (2) mercury-added components as contained in motor vehicles, except as provided in  23-24.9-10(b)(2) and in accordance with such regulations as may be adopted by the department in order to achieve the purposes of  23-24.9-10(b)(2).  (d) The restrictions on the disposal of mercury-added components in motor vehicles shall be as set forth in subsection (a) of this section effective January 1, 2006, and shall be implemented as provided for in subdivision (c)(2) and  23-24.9-10(b)(2).  (e) The restrictions on amalgam waste recycling and disposal shall be implemented as provided for in  23-24.9-9.3.  (f) Any contractor who replaces a mercury-containing thermostat from a building shall recycle the thermostat using its own collection container provided by thermostat manufacturers, or deliver the mercury-containing thermostat to an appropriate wholesaler, retailer, or local government collection for recycling.  (g) Any contractor who demolishes a building shall remove any mercury-containing thermostats from the building prior to demolition and shall deliver the mercury-containing thermostats to an appropriate wholesaler, retailer, or collection location for recycling.  (h) Any person who replaces a mercury-containing thermostat from any location in the state that is participating in an energy efficiency and/or weatherization program supported or administered in whole or in part by any department, agency, instrumentality, or political subdivision of the state, or conducted as a result of any statutory requirement, including, but not limited to, demand-side management pursuant to household hazardous waste drop-off event  39-2-1.2, or least-cost procurement pursuant to  39-1-27.7, shall deliver the mercury-containing thermostats to an appropriate wholesaler, retailer, or collection location for recycling.  (i) After January 1, 2020, the ban will apply to disposal of mercury-containing lamps.  History of Section.P.L. 2001, ch. 234,  1; P.L. 2001, ch. 318,  1; P.L. 2003, ch. 235,  1; P.L. 2003, ch. 328,  1; P.L. 2005, ch. 70,  1; P.L. 2005, ch. 81,  1; P.L. 2005, ch. 266,  1; P.L. 2005, ch. 268,  1; P.L. 2006, ch. 556,  2; P.L. 2010, ch. 131,  1; P.L. 2010, ch. 145,  1; P.L. 2016, ch. 143,  2; P.L. 2016, ch. 161,  2. 
 23-24-1. Short title. This chapter may be cited as the Hazardous Substances Act. History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-1; P.L. 1979, ch. 39,  1. 
 23-24-10. Regulations. The authority to promulgate regulations for the efficient enforcement of this chapter, except as otherwise provided in this chapter, is vested in the consumer protection unit.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-10; P.L. 1979, ch. 39,  1. 
 23-24-11. Examinations and investigations. (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.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-11; P.L. 1979, ch. 39,  1. 
 23-24-12. Records of intrastate shipment. For the purpose of enforcing the provisions of this chapter, carriers engaged in intrastate commerce and persons receiving hazardous substances in intrastate commerce or holding hazardous substances that have been received shall, upon the request of an officer or employee duly designated by the consumer protection unit, permit that officer or employee, at reasonable times, to have access to and to copy all records showing the movement in intrastate commerce of any hazardous substance, or the holding of the substance during or after this movement, and the quantity, shipper, and consignee of the substances; and it shall be unlawful for that carrier or person to fail to permit access to and copying of any record requested when the request is accompanied by a statement in writing specifying the nature or kind of hazardous substance to which the request relates; provided, that evidence obtained under this section, or any evidence which is directly or indirectly derived from that evidence, shall not be used in a criminal prosecution of the person from whom obtained; provided, further, that carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-12; P.L. 1979, ch. 39,  1. 
 23-24-13. Publicity. (a) The consumer protection unit of the department of attorney general may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under this chapter, including the nature of the charge and the its disposition.  (b) The consumer protection unit may also cause to be disseminated information regarding hazardous substances in situations involving, in the opinion of the consumer protection unit, imminent danger to health. Nothing in this section shall be construed to prohibit the consumer protection unit from collecting, reporting, and illustrating the results of its investigations.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-13; P.L. 1979, ch. 39,  1. 
 23-24-14. Repurchase of banned hazardous substances. (a) In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous substance (whether or not it was a banned hazardous substance at the time of its sale), the article or substance shall, in accordance with regulations of the consumer protection unit, be repurchased as follows:  (1) The manufacturer of the article or substance shall repurchase it from the person to whom he or she sold it, and shall:  (i) Refund to that person the purchase price paid for the article or substance;  (ii) If that person has repurchased the article or substance pursuant to subdivision (2) or (3), reimburse him or her for any amounts paid in accordance with that subdivision for the return of the article or substance in connection with its repurchase; and  (iii) If the manufacturer requires the return of the article or substance in connection with his or her purchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer.  (2) The distributor of the article or substance shall repurchase it from the person to whom he or she sold it and shall:  (i) Refund to that person the purchase price paid for the article or substance;  (ii) If that person has repurchased the article or substance pursuant to subdivision (3), reimburse him or her for any amount paid in accordance with that subdivision for the return of the article or substance in connection with its repurchase; and  (iii) If the distributor requires the return of the article or substance in connection with his or her repurchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor.  (3) In the case of any article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to him or her, the dealer shall refund the purchaser the purchase price paid for it and reimburse him or her for any reasonable and necessary transportation charges incurred in its return.  (b) For the purposes of this section:  (1) Manufacturer includes an importer for resale; and  (2) A dealer who sells at wholesale an article or substance shall with respect to that sale be considered the distributor of that article or substance.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-14; P.L. 1979, ch. 39,  1. 
 23-24-15. Interpretation and severability. The provisions of this chapter shall be held to be in addition to, and not in substitution for a limitation of, the provisions of any other law. If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter and the application of those provisions to any other person or circumstances shall not be affected by this invalidity.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-15; P.L. 1979, ch. 39,  1. 
 23-24-2. Definitions. 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 (20 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 (20 F.) to and including eighty degrees Fahrenheit (80 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 (80 F.) to and including one hundred and fifty degrees (150 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 articles 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.  History of Section.P.L. 1977, ch. 90,  2: G.L. 1956,  23-38.1-2; P.L. 1979, ch. 39,  1. 
 23-24-3. Regulations declaring hazardous substances and establishing variations and exemptions. (a)(1) Whenever in the judgment of the consumer protection unit an action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application, the consumer protection unit may by regulation declare to be a hazardous substance, for the purposes of this chapter, any substance or mixture of substances which it finds meets the requirements of  23-24-2(6)(i)(A).  (2) Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of those proceedings in other proceedings shall be governed by the provisions of  42-35-3; except that:  (i) The consumer protection units order after public hearing (acting upon objections filed to an order prior to hearing) shall be subject to the requirements of  42-35-3;  (ii) The scope of judicial review of the order shall be in accordance with  42-35-15 and 42-35-16.  (b) If the consumer protection unit finds that the requirements of  23-24-2(1)(i) are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, it may by regulation establish any reasonable variations or additional label requirements as it finds necessary for the protection of the public health and safety; provided, that the consumer protection unit shall consult with the department of health before adopting those regulations. Any hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with those regulations shall be deemed to be a misbranded hazardous substance.  (c) If the consumer protection unit finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained in the package, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the consumer protection unit shall promulgate regulations exempting that substance from these requirements to the extent it determines to be consistent with adequate protection of the public health and safety.  (d) The consumer protection unit may exempt from the requirements established by or pursuant to this chapter any hazardous substance or container of a hazardous substance with respect to which it finds that adequate requirements satisfying the purposes of this chapter have been established by or pursuant to any other act of the general assembly.  (e)(1) A determination by the consumer protection unit that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made by regulation in accordance with the procedures prescribed by  42-35-3 (other than subsection 42-35-3(b)).  (2) If, before or during a proceeding pursuant to subdivision (1) of this subsection, the consumer protection unit finds that, because of an electrical, mechanical, or thermal hazard, distribution of the toy or other article involved presents an imminent hazard to the public health, and it by order published in a daily newspaper with statewide circulation give notice of the finding, and that toy or other article shall be deemed to be a banned hazardous substance for purposes of this chapter until the proceeding has been completed. If not yet initiated when the order is published, a proceeding shall be initiated as promptly as possible.  (3)(i) In the case of any toy or other article intended for use by children which is determined by the consumer protection unit, in accordance with  42-35-3, to present an electrical, mechanical, or thermal hazard, any person who will be adversely affected by that determination may, at any time prior to the sixtieth (60th) day after the regulation making the determination is issued by the consumer protection unit, file a petition with the superior court for the district in which the person resides or has his or her principal place of business, or if the person is a nonresident or has no principal place of business within this state or if the superior court shall not be in session in the counties applicable as provided, then in the superior court of Providence County, for a judicial review of that determination. A copy of the petition shall be immediately transmitted by the clerk of the court to the consumer protection unit. The consumer protection unit shall file in the court the record of the proceedings on which the consumer protection unit based its determination, as provided in  42-35-15(a);  (ii) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the additional evidence is material and that there was no opportunity to adduce that evidence in the proceeding before the consumer protection unit, the court may order the additional evidence (and evidence in rebuttal thereof) to be taken before the consumer protection unit in a hearing or in any other manner, and upon the terms and conditions, as to the court may seem proper. The consumer protection unit may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken and it shall file the modified or new findings, and its recommendation, if any, for the modification or setting aside of its original determination, with the return of the additional evidence;  (iii) Upon the filing of the petition under this paragraph, the court shall have jurisdiction to review the determination of the consumer protection unit in accordance with  42-35-15(g)(2).  (iv) If the court ordered additional evidence to be taken under subdivision (3)(ii), the court shall also review the consumer protection unit determination to determine if, on the basis of the entire record before the court pursuant to subdivisions (3)(i) and (3)(ii), it is supported by substantial evidence. If the court finds the determination is not supported, the court may set it aside. With respect to any determination reviewed under this subdivision, the court may grant appropriate relief pending conclusion of the review proceedings, as provided in  42-35-15(c);  (v) The judgment of the court affirming or setting aside, in whole or in part, any determination of the consumer protection unit shall be final, subject to review by the supreme court upon certiorari or certification, as provided in  42-35-16.  History of Section.P.L. 1977, ch. 90,  2: G.L. 1956,  23-38.1-3; P.L. 1979, ch. 39,  1. 
 23-24-4. Prohibited acts. The following acts and the causing of the acts are prohibited: (1) The introduction or delivery for introduction into intrastate commerce of any misbranded hazardous substance or banned hazardous substance;  (2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if that act is done while the substance is in intrastate commerce or while the substance is held for sale (whether or not the first sale) in the state, and results in the hazardous substance being a misbranded hazardous substance or banned hazardous substance;  (3) The receipt in intrastate commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery of them for pay or otherwise;  (4) The giving of a guarantee or undertaking referred to in  23-24-5(b)(2) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state from whom he or she received in good faith the hazardous substance;  (5) The failure to permit entry or inspection as authorized by  23-24-11(b) or to permit access to and copying of any record as authorized by  23-24-12;  (6) The introduction or delivery for introduction into intrastate commerce, or the receipt in intrastate commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug, or cosmetic container, or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this subdivision, the terms food, drug, and cosmetic, shall have the same meaning as in the Food, Drug, and Cosmetic Act, chapter 31 of title 21;  (7) The use by any person to his or her own advantage, or revealing other than to the consumer protection unit or employees of the consumer protection unit or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of  23-24-11 concerning any method or process which as a trade secret is entitled to protection.  History of Section.P.L. 1977, ch. 90,  2: G.L. 1956,  23-38.1-4; P.L. 1979, ch. 39,  1. 
 23-24-5. Penalties. (a) Any person who violates any of the provisions of  23-24-4 shall be guilty of a misdemeanor and shall on conviction be subject to a fine of not more than five hundred dollars ($500) or to imprisonment for not more than ninety (90) days, or both; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than three thousand dollars ($3,000), or both.  (b) No person shall be subject to the penalties of subsection (a) of this section:  (1) For having violated  23-24-4(3) if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless he or she refuses to furnish on request of an officer or employee duly designated by the consumer protection unit, the name and address of the person from whom he or she purchased or received the hazardous substance, and copies of all documents, if there are any, pertaining to the delivery of the hazardous substance to him or her; or  (2) For having violated  23-24-4(2) if he or she establishes a guarantee or undertaking, signed by and containing the name and address of the person residing in the state of Rhode Island from whom he or she received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this chapter.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-5; P.L. 1979, ch. 39,  1. 
 23-24-6. Embargoed articles  Condemnation and destruction. (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.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-6; P.L. 1979, ch. 39,  1. 
 23-24-7. Hearing before report of criminal violation. Before any violation of this chapter is reported by the consumer protection unit to the attorney general for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his or her view either orally or in writing with regard to the contemplated proceeding.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-7; P.L. 1979, ch. 39,  1. 
 23-24-8. Injunctive relief. (a) The superior court shall have jurisdiction, for cause shown and subject to the provisions of rule 65(a) and (b) of the Superior Court Rules of Civil Procedure, to restrain violations of this chapter.  (b) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the accused, by a jury. The trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Superior Court Rules of Criminal Procedure.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-8; P.L. 1979, ch. 39,  1. 
 23-24-9. Style of enforcement procedures  Subpoenas. All criminal proceedings and all libel or injunction proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the state. Subpoenas for witnesses who are required to attend a court of the state in any district or county may run into any other district or county in any proceeding.  History of Section.P.L. 1977, ch. 90,  2; G.L. 1956,  23-38.1-9; P.L. 1979, ch. 39,  1. 
 23-25.1-1  23-25.1-13. Repealed.
 23-25.2-1. Legislative findings  Purpose of chapter. The general assembly finds: that the public health, safety, and welfare are being jeopardized by the contamination of drinking water by pesticides; that suitable remedies may be beyond the immediate financial resources of the persons affected; and that the public interest would be served by a reduction in the quantity of chemical pesticides used in this state. The purposes of this chapter are: (1) to establish a fund to provide both emergency relief for pesticide contamination and financial support for pest control methods that reduce or eliminate reliance upon chemical pesticides, and (2) to establish a pesticide relief advisory board to make recommendations to the director of the department of environmental management regarding the fund, and to advise the director on pesticides and public health dangers associated with their use in this state.  History of Section.P.L. 1985, ch. 260,  1. 
 23-25.2-2. Definitions. For the purposes of this chapter, the following words and terms have the following meanings:  (1) Board means the pesticide relief advisory board.  (2) Contaminated domestic water supply means the primary source of drinking and household water for a residence when the primary source fails to meet generally accepted drinking water standards due to pesticide contamination or when the department of health has certified it as undrinkable due to pesticide contamination.  (3) Director means the director of the department of environmental management.  (4) Fund means the pesticide relief fund.  (5) Integrated pest management (IPM) refers to a method of pest control that uses a systems approach to reduce pest damage to tolerable levels through a variety of techniques, including natural predators and parasites, genetically resistant hosts, environmental modifications and, when necessary and appropriate, chemical pesticides. IPM strategies rely upon non-chemical defenses first and chemical pesticides second.  (6) Multiple contaminated domestic water supply means a number of contaminated domestic water supplies in close proximity to each other.  History of Section.P.L. 1985, ch. 260,  1. 
 23-25.2-3. Pesticide relief advisory board established  Appointment of members. (a) There is created a pesticide relief advisory board consisting of eleven (11) members: one member shall be the chairperson of the joint committee on the environment or his or her designee, ex officio, and is referred to as the legislative member; the other ten (10) members shall be referred to as public members, and shall be appointed as follows: one public member shall be a faculty member in the department of plant pathology and entomology at the University of Rhode Island, to be appointed by the governor; the lieutenant governor, the speaker of the house, and the president of the senate shall each appoint one public member; the lieutenant governor shall appoint a public member who shall be a person engaged in full time vocation as an agricultural farmer; one public member shall be a professional toxicologist or a physician with sufficient experience in public health as it relates to pesticides or toxicology, to be appointed by the governor; one public member shall be a faculty member in environmental studies at a Rhode Island college or university, to be appointed by the governor; and one public member shall be a representative of the urban pest control industry or the chemical or pesticide industry, to be appointed by the governor and two (2) public members shall be representatives of the community at large, to be appointed by the governor.  (b) The terms of office of the members of the board shall be as follows: the legislative member shall serve until the end of his or her legislative term; the governor shall appoint faculty members to succeed faculty members whose terms expire to hold office for a term of two (2) years commencing on the first day of February next following. In the month of January in any year in which a public members term of office expires, the appointing authority shall appoint a successor to the member whose term shall expire in that year, to hold office for a term of two (2) years commencing on the first day of February next following. All members shall serve until their successors are appointed and qualified. Any vacancy other than by expiration shall be filled in like manner as the original appointment, but only for the unexpired portion of the term. All appointments shall be made in a timely manner.  (c) Immediately upon the completion of the initial appointments, the board shall meet at the call of the director and shall elect from among themselves a chairperson.  History of Section.P.L. 1985, ch. 260,  1; P.L. 2001, ch. 86,  84; P.L. 2001, ch. 180,  52. 
 23-25.2-4. Pesticide relief advisory board  Powers and duties  No compensation  Legal and clerical assistance. The board shall make recommendations to the director concerning emergency responses to pesticide contamination and grants for IPM projects as provided in this chapter. In making these recommendations, the board shall seek the most efficient measure to remedy or ameliorate the effects of pesticide contamination of wells or private water supplies. The board shall also advise the director concerning the policies, plans, and goals to be attained in the administration of this chapter and chapter 25 of this title and shall make annual recommendations to the director; shall make comments and recommendations (prior to a public hearing or before these rules and regulations go into effect) on any rules and regulations relative to chapter 25 of this title and those promulgated by the director; shall review, comment on, and provide additional data to any monitoring program carried out under the provisions of  23-25-16; shall advise the director on pesticides currently in use which might pose health hazards; shall advise the director regarding the least hazardous means of controlling pests; shall review new pesticide applications and advise the director on possible health hazards posed by the pesticides; shall review any compilations of pesticides currently in use in this state to determine which chemicals and pesticides, if any, should be tested for in the periodic sampling of public water supplies, and to make recommendations to the director to that effect; shall evaluate and make recommendations to the director regarding chemicals and pesticides which require greater control than required by the federal label; shall evaluate and make recommendations to the director regarding chemicals and pesticides which require application setbacks from domestic water wells; and shall perform any other advisory functions as may be assigned to it by the director. The board shall meet at least four (4) times per year. The members shall receive no compensation for their services. The board may request, through the department of environmental management, any clerical, technical, and legal assistance as it may deem necessary to accomplish its purpose.  History of Section.P.L. 1985, ch. 260,  1. 
 23-25.2-5. Pesticide relief. (a) All pesticide registration fees paid pursuant to  23-25-6(f) and recoveries on subrogated claims pursuant to  23-25.2-7 shall be deposited as general revenues.  (b) All money appropriated for pesticide relief is specifically appropriated to the director for the following purposes:  (1) To provide emergency response activities related to the contamination of land, water, and buildings. Appropriate uses for funds granted under this subdivision shall include testing and monitoring of domestic water supply sources and the purchase of the following supplies and services: carbon filters or other such devices for wells, bottled water, alternate water supplies, or other suitable and cost effective measures to remedy or ameliorate the effects of pesticide contamination.  (2) To monitor the environment including but not limited to the collection of analysis of soil, water, crops, livestock, and wildlife samples. The monitoring and analysis shall be in addition to any provided for by regular appropriations of the state or federal grants made for that purpose;  (3) To make grants to municipalities for up to, but not more than, one-third (13) of the direct costs incurred in extending public water systems to areas experiencing multiple contaminated domestic water supply. Grants made to municipalities under this subdivision may not be used, either alone or in conjunction with other funds, beyond the area necessary to rectify an established multiple contaminated domestic water supply;  (4) To make grants for IPM research and educational projects. Appropriate grants under this subdivision shall include but not be limited to the following: research grants to Rhode Island institutions of higher learning for IPM research projects in both agricultural and urban pest control; education grants to Rhode Island environmental organizations, Rhode Island institutions of higher learning, and departments or agencies of state government to promote the concept of IPM; program grants to departments or agencies of both state and local government for IPM programs in such areas as mosquito abatement, gypsy moth control, and urban pest management in publicly owned buildings; program grants to private firms and organizations for IPM programs in privately owned buildings that are open to the general public, such as hospitals, museums, malls, and schools; and program grants to farmers for IPM programs on their farms; and  (5) For payment of ancillary services, personnel, and equipment incurred in order to carry out the purposes of this chapter.  (c) Thirty-five percent (35%) of appropriations shall be reserved for grants under subsection (b)(4) of this section. No award of relief to any one household under subsection (b)(1) shall exceed ten thousand dollars ($10,000). No grant to any municipality under subsection (b)(3) shall exceed twenty-five percent (25%) of the amount available in the portion of the fund reserved for these grants at the time the grant is awarded. No grant under subsection (b)(4) shall exceed twenty-five percent (25%) of the amount available in the portion of the fund reserved for these grants at the time the grant is awarded.  (d) The director is empowered, with the approval of the governor, to apply for and receive grants, appropriations, gifts, bequests, donations, or other funds from any public or private source that are intended to provided either emergency relief for pesticide contamination or financial support for IPM projects.  (e) Any recovery on a subrogated claim pursuant to  23-25.2-7 shall be deposited as general revenues.  History of Section.P.L. 1985, ch. 260,  1; P.L. 1989, ch. 48,  1; P.L. 1989, ch. 542,  55; P.L. 1991, ch. 170,  1; P.L. 1995, ch. 370, art. 40,  72. 
 23-25.2-6. Rules and regulations. (a) The director shall:  (1) Develop by rule and regulation the criteria necessary for defining eligible recipients of emergency relief, eligible IPM projects, and eligible recipients of IPM grants; and  (2) Establish procedures consistent with the purposes of this chapter.  (b) In adopting rules and regulations, the director shall comply with  42-35-3(a), 42-35-3(b), and 42-35-4.  (c) In adopting rules and regulations, the director shall allow for judicial review pursuant to  42-35-15 upon denials by the director for emergency relief under  23-25.2-5(b)(1).  History of Section.P.L. 1985, ch. 260,  1. 
 23-25.2-7. No waiver or enlargement of rights  Subrogation. (a) An award of relief under this chapter to any person shall not constitute a waiver of any common law or statutory claim for damages or other relief that the person may have against any pesticide manufacturer, pesticide applicator, or other responsible party nor shall the award of relief in any way limit the liability of any responsible party. An award of relief under this chapter shall not be construed or found to be an admission of or finding of liability against the responsible party in a subsequent liability suit or in a subrogation claim filed by the director pursuant to subsection (b). This chapter shall not be construed to enlarge, limit, or abrogate existing substantive rights.  (b) The fund shall be subrogated, to the extent of the relief awarded, to the right of the recipient of the relief to recover from the responsible party. The director is empowered to bring suit in superior court in the name of the department of environmental management against the responsible party to enforce its subrogated claim. The director, with the assistance of counsel for the department of environmental management, shall draft appropriate subrogation agreements and shall require applicants for emergency relief to execute the agreements as a condition of receiving relief. The directors action in bringing suit to enforce its subrogated claim shall not deprive the recipient of relief from bringing a separate action or joining in the action of the director.  History of Section.P.L. 1985, ch. 260,  1. 
 23-25.2-8. Annual report. The board shall file an annual report on or before January 30th each year with the governor and the general assembly. The report shall include, but need not be limited to, a detailed accounting of the funds receipts and disbursements during the preceding calendar year. The report shall also include the recommendation of the board as to whether the allocation of the years receipts provided for in  23-25.2-5(c), namely, seventy-five percent (75%) for emergency relief and grants to municipalities and twenty-five percent (25%) for IPM grants, should be retained or altered. The director shall provide the board with information required in order that the board may prepare the annual report.  History of Section.P.L. 1985, ch. 260,  1. 
 23-25.2-9. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part adjudged invalid.  History of Section.P.L. 1985, ch. 260,  1. 
 23-25.3-1. Definitions. As used in this chapter: (1) Acceptable release rate means a measured release rate not to exceed four (4.0) micrograms per square centimeter per day for weeks three (3) to five (5) and a cumulative release rate of one hundred sixty-eight (168) micrograms per square centimeter for the first fourteen (14) days as determined in accordance with the United States Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July 29, 1986, on tributyltin in antifoulant paints under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C.  136 et seq. If a lower release rate is determined by the department to be necessary to protect health or the environment, the rate if duly adopted by regulatory action of the department, shall be the acceptable release rate as defined in this section.  (2) Department means the department of environmental management.  (3) Commercial boat yard means any facility which engages for hire in the construction, storage, maintenance, repair, or refurbishing of vessels (other than seaplanes) or any licensed independent marine maintenance contractor who engages in those activities.  (4) Marine antifoulant paint means any compound, coating, paint, or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels.  (5) Tributyltin compounds means any compound having three (3) normal butyl groups attached to a tin atom and with or without an anion such as chloride, fluoride, or oxide.  (6) Vessel means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs.  History of Section.P.L. 1988, ch. 255,  1. 
 23-25.3-2. Sale and application of tributyltin compounds. (a) Except as otherwise provided in this chapter, a person may not distribute, possess, sell, or offer for sale, apply, or offer for use or application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the department of environmental management, department of the attorney general, and state police may seize any antifoulant paint held in violation of this chapter and any seized substances shall be considered forfeited.  (b) A person may distribute or sell a marine antifoulant paint containing tributyltin with an acceptable release rate to the owner or agent of a commercial boat yard. The owner or agent of a commercial boat yard may possess and apply, or purchase for application, an antifoulant paint containing tributyltin with an acceptable release rate and the paint may be applied only within a commercial boat yard and only to vessels which exceed sixty-five feet (65) in length or which have aluminum hulls or to vessels less than sixty-five feet (65) in length if it is applied only to the outboard or lower drive unit of the vessels.  (c) A person may distribute, sell, or apply a marine antifoulant paint containing tributyltin having an acceptable release rate if the paint is distributed or sold in a spray can in a quantity of sixteen (16) ounces avoirdupois or less and is commonly referred to as outboard or lower unit paint.  History of Section.P.L. 1988, ch. 255,  1. 
 23-25.3-3. Education programs. Through cooperative programs the department shall begin immediately to develop and implement a program designed to inform interstate and intrastate paint manufacturers and distributors, vessel owners, and commercial boat yards in the state of properties of tributyltin in marine antifoulant paints and the law to restrict its use.  History of Section.P.L. 1988, ch. 255,  1. 
 23-25.3-4. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part adjudged invalid.  History of Section.P.L. 1988, ch. 255,  1. 
 23-25.3-5. Penalty. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both the fine and imprisonment.  History of Section.P.L. 1988, ch. 255,  1. 
 23-25.3-6. Regulations. The provisions of this chapter shall be in compliance with the rules and regulations relating to pesticides promulgated by the department of environmental management under provisions of the Rhode Island Pesticide Control Act, chapter 25 of this title.  History of Section.P.L. 1988, ch. 255,  1. 
 23-25.4-1. Repealed. History of Section.P.L. 2005, ch. 179,  1; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.4-2. Repealed. History of Section.P.L. 2005, ch. 179,  1; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.4-3. Repealed. History of Section.P.L. 2005, ch. 179,  1; P.L. 2008, ch. 475,  70; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.4-4. Repealed. History of Section.P.L. 2005, ch. 179,  1; P.L. 2007, ch. 315,  1; P.L. 2010, ch. 172,  1; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.4-5. Repealed. History of Section.P.L. 2005, ch. 179,  1; P.L. 2008, ch. 475,  70; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.4-6. Repealed. History of Section.P.L. 2005, ch. 179,  1; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.4-7. Repealed. History of Section.P.L. 2005, ch. 179,  1; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.4-8. Repealed. History of Section.P.L. 2005, ch. 179,  1; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.4-9. Repealed. History of Section.P.L. 2007, ch. 315,  2; Repealed by P.L. 2013, ch. 331,  1, effective July 15, 2013. 
 23-25.5-1. Short title. This act shall be known and may be cited as The Return or Exchange of Drugs Act. History of Section.P.L. 2013, ch. 331,  2. 
 23-25.5-2. Legislative purpose. The general assembly finds that many nursing facilities and assisted living residences destroy quantities of unused but viable prescription medication when residents pass away or when medications otherwise are no longer needed by the resident. In an effort to improve the quality, efficiency and utilization of the states healthcare system, the general assembly hereby establishes a statewide program allowing pharmacies to accept for return and redispensing certain prescription drugs.  History of Section.P.L. 2013, ch. 331,  2. 
 23-25.5-3. Definitions. For the purposes of this chapter: (1) Assisted living residence has the same meaning as such term is defined in  23-17.4-2 and the regulations promulgated thereunder.  (2) Blister packages means multi-dose containers of a specific medication repackaged by the pharmacy in accordance with section 13.7 of the regulations promulgated under chapter 19.1 of title 5 and intended for a specific patient.  (3) Department means the department of health.  (4) Healthcare prescriber means any of the following persons licensed and authorized to prescribe drugs or to provide medical, dental, or other health-related diagnoses, care or treatment within the scope of their professional license:  (i) A physician holding a current license to practice medicine pursuant to chapter 37 of title 5;  (ii) A certified registered nurse practitioner licensed pursuant to chapter 34 of title 5;  (iii) A physician assistant licensed pursuant to chapter 54 of title 5;  (iv) A dentist licensed pursuant to chapter 31.1 of title 5;  (v) An optometrist licensed pursuant to chapter 35 of title 5;  (vi) A pharmacist licensed pursuant to chapter 19.1 of title 5;  (vii) A nurse  midwife licensed pursuant to chapter 13 of title 23; and  (viii) A psychiatric and mental health clinical nurse specialist licensed pursuant to chapter 34 of title 5.  (5) Pharmacy means that portion or part of a premises where prescriptions are compounded and dispensed including that portion utilized for the storage of prescription or legend drugs.  (6) Prescription drug means a drug that may be dispensed only upon prescription by a healthcare prescriber authorized by his or her licensing authority and as defined in chapter 5-19.1.  (7) Unit-dose container is one that is designed to hold a quantity of a drug intended for use as a single dose and used promptly after the container is opened. The immediate container, and/or the outer container or protective packaging shall be designed to show evidence of any tampering with the contents. Each individual container shall be fully identifiable containing a single dose of a single entity and shall protect the integrity of the dosage form. Labeling shall be in accordance with USP standards compendia and federal and state law and shall include the identity, quantity, and strength of the product, name of the manufacturer, and lot number and expiration date of the article.  (8) Wholesaler means a person who buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers.  History of Section.P.L. 2013, ch. 331,  2. 
 23-25.5-4. Program established. (a) The department of health and the board of pharmacy shall jointly develop and implement a program consistent with public health and safety through which unused prescription drugs, other than prescription drugs defined as controlled substances in  21-28-1.02, and drugs that can only be dispensed to a patient registered with the drugs manufacturer in accordance with federal Food and Drug Administration requirements, may be accepted by wholesalers or pharmacies, from which they were purchased, for return from nursing facilities, assisted living residences, residential care facilities, community health organizations and state correctional facilities that centrally store prescription drugs and are licensed at the M1 licensure level by the department of health, within forty-five (45) days of dispensing.  (b) The program shall permit the wholesaler or pharmacy to which such medication is returned to repackage, restock, and redistribute such medication.  (c) The program shall include the following prescription drugs:  (1) Unopened sections of blister pack prescription medication, with seal intact;  (2) Unopened unit-dose containers of liquids with the safety seal intact;  (3) Unopened unit-dose containers of powders for oral solution with safety seal intact;  (4) Unused injectables, with safety seal intact;  (d) The unused prescription drug shall not be accepted, repackaged or redispensed if:  (1) The prescription drug is expired or beyond use date;  (2) The pharmacist accepting or redispensing the drug, in his or her judgment has reason to believe that the prescription drug is adulterated, mislabeled, or has been improperly stored;  (3) The prescription drug is defined as controlled substances in  21-28-1.02; and  (4) It is a drug that can only be dispensed to a patient registered with the drugs manufacturer in accordance with federal Food and Drug Administration requirements.  (e) The wholesaler or pharmacy shall be required to reimburse or credit the purchaser for any such returned prescription drugs at original invoice price plus a restocking fee not to exceed five dollars ($5.00).  (f) The department and the board of pharmacy shall promulgate rules and regulations necessary to implement the program established pursuant to this chapter within one hundred eighty days (180) of passage of this act.  History of Section.P.L. 2013, ch. 331,  2. 
 23-25.6-1. Short title. This act shall be known and may be cited as the Pharmaceutical Redistribution Program Act.  History of Section.P.L. 2022, ch. 402,  1, effective June 30, 2022; P.L. 2022, ch. 403,  1, effective June 30, 2022. 
 23-25.6-2. Definitions. As used in this chapter, the following words shall have the following meanings:  (1) Cancer drug means a prescription drug that is used to treat cancer, the side effects of cancer, or the side effects from a cancer medication. A cancer drug must be deemed a non-harmful substance by the Federal Drug Administration (FDA) and shall only be administered by a licensed professional of the state.  (2) Controlled substance means a drug, substance, immediate precursor, or synthetic drug in schedules I-V of chapter 28 of title 21 with high risk of dependency and addiction. Controlled substances include certain depressants, stimulants, narcotics, hallucinogens, and anabolic steroids. Controlled substances are regulated by the Drug Enforcement Agency under the Controlled Substances Act. Controlled substance does not include distilled spirits, wine, or malt beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.  (3) Department means the Rhode Island department of health.  (4) Distributor means a person defined in  21-28-1.02.  (5) Donor means any person or institution who or that is authorized to possess prescription drugs and who is willing to provide them to a redistributor once they are recommended to be discontinued by a physician. Donor includes, but is not limited to, any patient in legal possession of a prescribed drug, a healthcare proxy, and any licensed healthcare facility or healthcare provider such as a hospital, pharmacy, or long-term-care facility, or a state or federal prison.  (6) Most in need means priority provided to a person in need of a drug based on the persons ability to pay.  (7) Non-controlled substance prescription drugs means any non-controlled substance drug meant for human use pursuant to a prescription administered by a prescriber.  (8) Out-of-state redistributor means a redistributor that is based outside of this state. An out-of-state redistributor shall abide by this states laws in addition to the laws of its own state. Out-of-state redistributors must be licensed by the department as distributors in accordance with the provisions of chapter 28 of title 21.  (9) Pharmaceutical redistribution program means the program established pursuant to the provisions of this chapter for the redistribution of unused prescription drugs and shall include any facility that may accept the return of unused non-controlled substance prescription drugs and orchestrate their redistribution to aid persons of this state who have difficulty affording or accessing the non-controlled substance drugs. This program shall prevent the waste of unused non-controlled substance prescription drugs through the preservation and redistribution to persons or licensed facilities based on their lack of access or ability to pay for the drugs at full market value.  (10) Prescriber means any person who has occupational licensing by relevant boards to prescribe a drug. Prescribers include, but are not limited to, doctors, physicians, or any other person legally permitted by this state.  (11) Receiver means any person or institution who or that receives a donated drug, including, but not limited to: a wholesaler, a drug manufacturer, a repackager, a returns processor, a third-party logistics provider, a healthcare facility, a pharmacy, a hospital, or a patient. Donated medications shall be obtained legally, with informed consent of the donor, and without coercion.  (12) Redistributor means any person or institution partaking in the redistribution of non-controlled substance prescription drugs pursuant to the provisions of this chapter. The entities a redistributor may donate drugs to include, but are not limited to, patients, institutions, hospitals, and healthcare providers. Redistributors shall also include out-of-state redistributors engaged in redistribution pursuant to the provisions of this chapter. Redistributors must be licensed by the department as distributors in accordance with the provisions of chapter 28 of title 21.  (13) Tamper-evident packaging means a package that has an outer or secondary seal that must be broken to access the inner package and shall include clear messaging that the package had previously been opened after its seal date. Tamper-evident packaging includes, but is not limited to, blister packs and seal manufactured bottles.  (14) Temperature-sensitive medication means prescription medications that are unstable at room temperature, or approximately 70  15F. Unstable medications may begin to decompose, outside of this temperature range, affecting drug potency and thus efficacy. Temperature ranges tolerable for a medications storage are determined by the manufacturer. Common examples of temperature-sensitive medications include drugs that must be refrigerated, such as biologics or insulin.  (15) Transaction date means the date on which the drug was transferred from the donor to the pharmaceutical redistribution program or to the redistributor. All available information surrounding the transaction date shall be logged and recorded, such as the date when the medication left the donor, and the date when the medication was received by the redistributor.  (16) Underinsured means any person who does not have adequate insurance coverage and access to basic health care, or any person who spends more than ten percent (10%) of their household income on out-of-pocket healthcare costs or more than five percent (5%) of their income on their healthcare deductible.  History of Section.P.L. 2022, ch. 402,  1, effective June 30, 2022; P.L. 2022, ch. 403,  1, effective June 30, 2022. 
 23-25.6-3. Eligibility criteria. (a) Eligibility criteria for the reception of donated drugs shall prioritize individuals who are most in need, do not have insurance, are underinsured, or are reliant on public health programs. Redistributors should ensure adequate allocation of donated medications for those in prioritized populations. Once the need for these drugs amongst these prioritized people is fulfilled, the redistributor can dispense medication to other populations reporting financial burden. Redistributed drugs shall not be sold for an amount in excess of the price authorized pursuant to  23-25.6-5(c).  (b) Donated drugs may be transferred from in-state redistributors to other in-state redistributors or out-of-state redistributors, assuming this transaction is legal in the state of origin and the state of transfer. The donation and redistribution of drugs is not categorized as wholesale distribution and does not warrant licensing as a wholesaler.  History of Section.P.L. 2022, ch. 402,  1, effective June 30, 2022; P.L. 2022, ch. 403,  1, effective June 30, 2022. 
 23-25.6-4. Voluntary participation and donation conditions. (a) All participation in the donation program shall be voluntary. No health professional, insurer, agency, or entity shall force any person to participate in the pharmaceutical distribution program.  (b) The following conditions shall be met for the donation of a prescription drug to occur:  (1) All of the donated drugs shall pass inspection by a licensed pharmacist.  (2) The donated drugs shall be received in an intact, tamper-evident package with a clearly displayed expiration date with no less than three (3) months until the expiration date.  (3) The donated drugs shall not be temperature-sensitive medications or a controlled substance.  (4) The donated drugs shall be provided to the recipient in accordance with state law. The drugs shall have been prescribed legally by a licensed healthcare professional after having been properly transferred to and processed by an authorized pharmaceutical redistribution program or redistributor.  (5) An authorized and properly licensed healthcare pharmacist shall deem the drug has not been tampered with upon arrival and is properly labeled. If labels have degraded but drug identity can be verified, new labels may be created. If the drugs have been combined in one package, the information about all included drugs shall be labeled clearly. If the drugs have been donated from out of state, this donation must abide by all of the laws of both states.  (6) The donated drugs shall have all prior patient information redacted in compliance with HIPAA regulations or the pills shall be transferred to a new container.  (7) If the drugs donated have been combined, the closest expiration date for any drugs shall be used for the entire package.  (c) If any one of the conditions contained in subsection (b) of this section is not satisfied, the donated drugs shall not be distributed pursuant to the provisions of this program and may be destroyed pursuant to department of health regulations.  History of Section.P.L. 2022, ch. 402,  1, effective June 30, 2022; P.L. 2022, ch. 403,  1, effective June 30, 2022. 
 23-25.6-5. Redistribution of donated medications. (a) A redistributor may dispense prescription drugs to eligible persons as long as they abide by the provisions of this chapter.  (b) A redistributor may repackage drugs prior to redistribution. Repackaged drugs shall be labeled thoroughly and labels shall include the drug name, expiration date, and kept separately from other drugs until brought up for inspection. If multiple drugs are packaged together, the closest expiration date shall be used pursuant to the requirements contained in  23-25.6-4(b).  (c) A redistributors compensation from an institution will not constitute the resale of drugs. The distributor shall make a record of that charge and provide it upon request to the supervising government agency. This sale price shall reflect an incentive to offer the drugs at a price that is affordable and reasonable for people who do not have the means to pay for the drugs at market price. The price incurred by the patient shall not exceed the usual and customary dispensing fee determined by the this states Medicaid program.  (d) Donated drugs that cannot be utilized by the redistributor shall be destroyed through lawful methods, or transferred to a returns processor. Redistributors shall keep a record of disposed drugs, the quantity of drug, its name, and strength.  (e) An authorized redistributor of drugs shall store the drugs legally, separate from other non-donated drugs, and shall meet the requirements of the United States Pharmacopoeia (USP) standards. The drugs shall be stored in a way that does not impair the quality and safety of the drug. The drug shall be stored legally according to the methods described in this chapter. The facilities and storage shall be subject to investigation and approval from the department of health or a third party approved by the department of health. All records required pursuant to the provisions of this chapter shall be retained in physical or electronic format for a period of two (2) years. The drugs shall be labeled properly with a serial number or other effective label. Redistributors shall keep records by either electronic or non-electronic means for the full two (2) years.  History of Section.P.L. 2022, ch. 402,  1, effective June 30, 2022; P.L. 2022, ch. 403,  1, effective June 30, 2022. 
 23-25.6-6. Civil and criminal immunity. Any person, except a person licensed from the Rhode Island department of health or any other similar license from another jurisdiction involved in a drug donation, who acts reasonably and in good faith shall be immune from criminal and civil liability for any persons who are harmed from the reception of a donated drug. Liability shall be absolved for any act associated with, but not limited to, the transfer of the donated drugs from one party to another, transportation, repackaging, or dispensing of donated drugs. Any person involved in drug donation who acts reasonably and in good faith shall be protected from any disciplinary action from their employers. Good faith, as used in this section, may be defined as the intent to help people, the adoption of honest and altruistic intentions, and the preservation of moral and ethical values.  History of Section.P.L. 2022, ch. 402,  1, effective June 30, 2022; P.L. 2022, ch. 403,  1, effective June 30, 2022. 
 23-25.6-7. Rules and regulations. (a) The department shall collaborate with the board of pharmacy to promulgate rules and regulations necessary to regulate a program consistent with the public health and safety, through which unused prescription drugs are donated pursuant to this chapter, to become operational on January 1, 2023.  (b) The department shall collaborate with the board of pharmacy to promulgate rules and regulations necessary to regulate the program established pursuant to this chapter, on or before January 1, 2023.  History of Section.P.L. 2022, ch. 402,  1, effective June 30, 2022; P.L. 2022, ch. 403,  1, effective June 30, 2022. 
 23-25-1. Short title. This chapter shall be known as the Pesticide Control Act. History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-1; P.L. 1979, ch. 39,  1. 
 23-25-10. Applicator categories for certification  Standards. (a) The director shall adopt applicator categories established by EPA by regulation and may establish additional categories and subcategories for certification necessary for the administration and enforcement of this chapter. Separate subcategories may be specified as to ground, aerial, or manual methods used to apply pesticides or to the use of pesticides to control insects, plant diseases, rodents, or weeds. Each category or subcategory shall be subject to separate testing procedures and requirements; provided, that no person shall be required to pay an additional fee if that person desires to be certified in more than one category or subcategory.  (b) The director, in promulgating regulations under this chapter, shall adopt or prescribe standards of competency for the certification of applicators which are at least equal to those established by EPA. Those standards may relate to the use and handling of pesticides or to the use and handling of the pesticide or class of pesticides covered by the individuals certification and shall be relative to the hazards involved. In determining standards, the director shall consider the characteristics of the pesticide formulation such as: the acute dermal and inhalation toxicity; the persistence, mobility, and susceptibility to biological concentration; the use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; the relative hazards of patterns of use such as granular soil applications, ultra low volume of dust aerial applications, or air blast sprayer applications; and the extent of the intended use.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-10; P.L. 1979, ch. 39,  1; P.L. 2001, ch. 86,  11. 
 23-25-11. Prohibitions for applicators. (a) No person shall use or supervise the use of any restricted use pesticide which is restricted to use by certified applicators pursuant to  23-25-9 without first complying with the certification requirements pursuant to  23-25-13 and any other restrictions as determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use; provided, that a competent person may make an application under the direct supervision of a certified applicator.  (b) No person shall use or supervise the use of any state limited use pesticide which is restricted to use by certified applicators pursuant to  23-25-9 without first complying with the certification requirements pursuant to  23-25-13 or 23-25-14 and any other restrictions as determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use; provided, that a competent person may make an application under the direct supervision of a certified applicator.  (c) No commercial applicator shall use or supervise the use of any pesticide on land without first becoming a licensed commercial applicator under  23-25-12 or a certified applicator under  23-25-13 and regulations adopted under these sections, unless he or she is making the application under the direct supervision of a licensed commercial applicator or a certified commercial applicator; provided, that a commercial applicator applying or supervising the application of a pesticide, not classified as a restricted use pesticide or state limited use pesticide, on land owned or rented by him or her or his or her employer need not comply with the requirements under  23-25-12 or 23-25-13.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-11; P.L. 1979, ch. 39,  1. 
 23-25-12. Licenses for commercial applicators  Rules and regulations. (a) No commercial applicator shall apply any pesticide classified for general use by EPA or the director unless that application is by or under the direct supervision of a person certified under  23-25-13 or licensed under this section; provided, that the application may be made without compliance with  23-25-13 or this section on land owned or rented by the applicator or his or her employer.  (b) The director is authorized to adopt rules and regulations, including but not limited to regulations:  (1) Establishing procedures for filing a license application, applicant qualifications, license classifications if necessary, standards, and the scope and types of examinations necessary to carry out the intent of this chapter;  (2) Establishing license fees not to exceed thirty dollars ($30.00);  (3) Establishing the term during which a license remains valid (unless suspended or revoked for cause), expiration dates, credentials, and requirements for renewal (which may include reexamination if deemed necessary);  (4) Enabling the transfer of existing licenses to classifications established under this section with or without re-examination;  (5) Establishing limits of liability covering the applicants spraying operations;  (6) Requiring the display of a decal, indicating that the applicant has met the requirements of this chapter, in a prominent place on any vehicle used in the applicants spraying operations;  (7) Prescribing exceptions for utility and other employees who are not normally involved in pesticide applications but who may find it necessary when performing their normal tasks to use a general use pesticide to protect themselves from attacks by wasps, hornets, or other biting or stinging insects.  (c) If the director does not qualify an applicant for a license or renewal or suspends or revokes a license for any violation under this chapter, the director shall inform the applicant in writing of the reasons for revocation and, if requested, provide opportunity for a hearing before the director.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-12; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 133, art. 22,  3. 
 23-25-13. Certification of commercial applicators  Renewal  Regulations. (a) No commercial applicator shall purchase, acquire, possess, apply, or supervise the application of any pesticide classified for use only by or under the direct supervision of a certified applicator by EPA or by the director without first becoming certified under this section and regulations adopted under this section, except that the pesticide purchase, acquisition, possession, or application may be made without certification if done under the direct supervision of a certified applicator.  (b) The director is authorized to adopt regulations, including but not limited to regulations:  (1) Establishing procedures for filing an application for certification and determining prior experience and qualifications of applicants, their proposed operations, categories, and subcategories, or special pesticide uses for which the applicant wishes to qualify for certification, and setting annual expiration dates and type of documentation verifying certification if qualified;  (2) Requiring written examinations and, as necessary, other types of examinations designed to enable the applicant to demonstrate his or her knowledge, in accordance with the standards established under  23-25-10, of pesticides and their effects, and his or her competency to handle and use the restricted use and/or limited use pesticides he or she may apply under the categories, subcategories, or special uses for which he or she is being examined;  (3) Establishing an annual certification fee not to exceed forty-five dollars ($45.00) and requiring certified commercial applicators to keep records of their purchase and use of restricted use and/or limited use pesticides;  (4) Establishing limits of liability covering the applicants spraying operations;  (5) Requiring the display of a decal, indicating that the applicant has met the requirements of this chapter, in a prominent place on any vehicle used in the applicants spraying operations.  (c) If the director finds the applicant qualified to apply pesticides in the categories, subcategories, or special uses he or she has applied for, the director shall issue a certified commercial applicators certificate limited to the categories for which he or she is qualified which shall expire on an annual expiration date as determined by regulation unless it has been revoked or suspended prior to the expiration by the director for cause. The director may limit the certificate to the use of certain pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified. If a certificate or renewal is not granted as applied for, the director shall inform the applicant in writing of the reasons for not granting it and, if requested, provide opportunity for a hearing before the director.  (d) The director shall send a renewal application to each certified commercial applicator at least thirty (30) days prior to the expiration date, and the director may renew any applicants certification under the classification(s) for which the applicant is certified subject to reexamination or other requirements imposed by the director by regulation to ensure that the applicator continues to meet the requirements of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly.  (e) Certified commercial applicators who in any year fail to file a renewal application, even though they did not receive a mailed renewal application, prior to an expiration date established by regulation shall lose their certification as of sixty (60) days later and prior to that date shall be notified in writing. Those applicators may regain certification under this section by reexamination.  (f) Any commercial applicator certified under this section shall not be required to obtain a commercial applicators license under  23-25-12 as long as his or her certification remains in effect.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-13; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 133, art. 22,  3. 
 23-25-14. Certification of private applicators  Renewal  Regulations. (a) No private applicator shall purchase, acquire, possess, apply, or supervise the application of any pesticide classified for use only by or under the direct supervision of a certified applicator by EPA or by the director without first becoming certified under this section and regulations adopted under this section, except that the pesticide purchase, acquisition, possession, or application may be made without certification if done under the direct supervision of a certified applicator.  (b) The director is authorized to adopt regulations, including but not limited to regulations:  (1) Establishing procedures for filing an application for certification and determining prior experience and qualifications of applicants, the location and nature of their operations, and setting annual expiration dates and type of credentials verifying certification;  (2) Requiring written or oral and, as necessary, other types of examinations designed to enable the applicant to demonstrate his or her knowledge, in accordance with the standards established under  23-25-10, of pesticides and their effects and his or her competency to handle and use the restricted use and/or limited use pesticides he or she may apply in his or her normal operations or for any special uses for which he or she is being examined;  (3) Establishing an annual certification fee not to exceed twenty-five dollars ($25.00) and requiring certified private applicators to keep records of their purchase and use of restricted use and/or limited use pesticides.  (c) If the director finds the applicant qualified, the director shall issue to him or her a certified private applicators certificate limited to the types of operations or special uses for which he or she was examined, which shall expire one year from the date of issue or otherwise as determined by regulation, unless it has been suspended or revoked prior to the expiration by the director for cause. The director may limit the applicant to the use of certain pesticides or certain uses if deemed necessary to protect the applicant, other persons, or the environment. If a certificate or renewal is not granted as applied for, the director shall inform the applicant, in writing, of the reason for not granting it and, if requested, provide opportunity for a hearing before the director.  (d) The director shall send a renewal application to each certified private applicator at least thirty (30) days prior to the expiration date, and the director may renew any applicants certification under the classification(s) for which the applicant is certified subject to re-examination or other requirements imposed by the director by regulation to ensure that the applicator continues to meet the requirements of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly.  (e) Certified private applicators who, in any year, fail to file a renewal application even though they did not receive a mailed renewal application prior to an expiration date established by regulation shall lose their certification as of sixty (60) days later and prior to that date shall be notified in writing. Those applicators may regain certification under this section by re-examination.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-14; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 133, art. 22,  3. 
 23-25-15. Licenses for dealers of restricted and limited use pesticides  Renewal  Regulations authorized  Responsibility for acts of employees. (a) It shall be unlawful for any person to act as a pesticide dealer, or advertise as, or assume or act as a pesticide dealer at any time without first becoming licensed under this section and regulations adopted under this section. A license shall be required for each location or outlet located within the state from which the pesticides are distributed; provided, that any out-of-state manufacturer, registrant, or distributor who distributes the pesticides only through or to a licensed pesticide dealer is not required to obtain a license.  (b) Credentials verifying licensing shall be plainly exhibited at each location or distribution center situated within the state from which restricted use or state limited use pesticides are distributed. A manufacturer, registrant, or distributor of those pesticides who has no fixed distribution center within the state but who distributes those pesticides directly to certified applicators within the state shall obtain a license for his or her principal out-of-state location or distribution center and for each of his or her representatives who distribute those pesticides within the state.  (c) The director is authorized to adopt regulations, including but not limited to regulations:  (1) Establishing procedures for filing applications for licensing which shall provide names and full addresses of individuals who are distributors, members of principals, officers of firms, partnerships, associations, corporations or organized groups who are distributors, and the full address of each distribution center or outlet, and the name and full address of a person domiciled within the state authorized to receive and accept service of summons or legal notices of all kinds for the applicant, and other information found necessary by the director;  (2) Establishing license expiration dates and procedures for maintaining and submitting records of restricted use pesticide distribution as required under  23-25-23;  (3) Requiring, if deemed necessary, any out-of-state distributor to obtain a permit to ship any restricted use or state limited use pesticide to any location within the state. Information required to obtain the permit shall include the full name and address of the shipper, the expected delivery date, the brand name, EPA registration number, the quantity of pesticide, the full name and address of the person receiving the shipment, and any other information found necessary by the director. No fee shall be required for the permit;  (4) Requiring a written examination designed to enable the applicant to demonstrate his or her knowledge of the types of information to be found on a pesticide label and that he or she is familiar with state and federal laws governing his or her sale, storage, and distribution of state limited use and restricted use pesticides;  (5) Establishing annual license fees of not more than thirty dollars ($30.00) for each license issued.  (d) Provisions of this section shall not apply to a certified commercial applicator who sells pesticides only as an integral part of his or her pesticide application service when the pesticides are dispensed only through equipment used for the pesticide application or any federal, state, county, or municipal agency which provides pesticides only for its own programs.  (e) The director shall send a renewal application to each licensed pesticide dealer at least thirty (30) days prior to the expiration date and the director may renew any applicants license subject to further examination by the director if necessary to show additional knowledge that may be required to distribute pesticides classified for restricted use or state limited use.  (f) Licensed pesticide dealers who, in any year, fail to file a renewal application even though they did not receive a mailed renewal application prior to an expiration date established by regulation shall lose their dealers license as of sixty (60) days later and prior to that date shall be notified in writing. Those dealers may regain licensing under this section by re-examination.  (g) Each licensed pesticide dealer shall be responsible for the acts of each person employed by him or her in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The dealers license shall be subject to denial, suspension, or revocation after a hearing before the director for any violation of this chapter whether committed by the dealer or by the dealers officer, agent, or employee.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-15; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 133, art. 22,  3. 
 23-25-16. Monitoring of environment. (a) As part of his or her responsibility in administering this chapter, the director will carry out a program of monitoring the amounts of pesticides throughout the environment in the state. Portions of the environment to be monitored will include but will not be limited to: fresh and salt waters of the state; soils; crops intended for human or animal consumption; places where food is served commercially or in institutions and where food for human or animal consumption is handled, stored, transported, prepared, or processed; and wildlife.  (b) Results of the monitoring program will be reviewed at least annually by the pesticide relief advisory board.  (c) In carrying out the provisions of this section, the director may enter into agreements with public or private agencies to secure any technical assistance it deems necessary.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-16; P.L. 1979, ch. 39,  1. 
 23-25-17. Repealed.
 23-25-18. Unlawful acts and/or grounds for denial, suspension, or revocation of a license, permit, or certification. (a) The director may suspend pending inquiry for not longer than ten (10) days, and after opportunity for a hearing, deny, further suspend, revoke, or modify any provision on any license, permit, or certificate issued under this chapter if he or she finds that the applicant or holder of a license, permit, or certificate has committed any of the following acts, each of which except subdivision (15) of this subsection, is declared to be a violation of this chapter; provided, that this person shall also be subject to the penalties provided by  23-25-28:  (1) Made false or fraudulent claims through any medium misrepresenting the effect of pesticides or methods to be utilized;  (2) Made a pesticide recommendation or use inconsistent with the labeling (except as allowed by rulings, interpretations, regulations, or guidelines published by EPA or, in the case of a pesticide registered under  23-25-6(h) by the director), with the EPA or state registration for that pesticide, or in violation of the EPA or state restrictions on the use of that pesticide;  (3) Applied known ineffective or improper pesticides;  (4) Operated faulty or unsafe equipment;  (5) Operated in a faulty, careless, or negligent manner;  (6) Neglected or, after notice, refused to comply with the provisions of this chapter, the rules and regulations adopted under this chapter, or of any lawful order of the director;  (7) Refused or neglected to keep and maintain the records required by this chapter or to make reports when and as required;  (8) Made false or fraudulent records, invoices, or reports;  (9) Used or supervised the use of a pesticide which is restricted to use by certified applicators without having qualified as a certified applicator or without having been under the direct supervision of a certified applicator;  (10) Used fraud or misrepresentation in making an application for or renewal of, a license, permit, or certification;  (11) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification;  (12) Aided or abetted a licensed or certified or an unlicensed or non-certified, person to evade the provisions of this chapter, conspired with that person to evade the provisions of this chapter, or allowed ones license, permit, or certification to be used by another person;  (13) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land;  (14) Impersonated any federal, state, county, or city inspector or official; or  (15) Has been subject to the final imposition of civil or criminal penalties under  14(a) or (b) of FIFRA, 7 U.S.C.  136l(a) or (b).  (b) It is unlawful for any person to distribute in the state any of the following:  (1) Any pesticide which is not registered pursuant to the provisions of this chapter;  (2) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided, that a change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect the change and if that change will not violate any provision of FIFRA or this chapter;  (3) Any pesticide unless it is in the registrants or the manufacturers unbroken immediate container and there is affixed to that container and to the outside container or wrapper of the retail package if there is one through which the required information on the immediate container cannot be clearly read a label bearing the information required in this chapter and the regulations adopted under this chapter;  (4) Any pesticide which has not been colored or discolored pursuant to the provisions of  23-25-9(b)(7) or of  25(c)(5) of FIFRA, 7 U.S.C.  136w(c)(5);  (5) Any pesticide which is adulterated or misbranded or any device which is misbranded;  (6) Any pesticide in containers which are unsafe due to damage.  (c) It shall be unlawful:  (1) To distribute any pesticide labeled for restricted use by EPA or for state limited use by the director to any person who is required by this chapter or regulations promulgated under this chapter to be certified to acquire, purchase, possess, or use this pesticide unless the person has a valid permit or is certified to acquire, purchase, possess, or use the kind and quantity of this pesticide or unless distribution is made to his or her agent; provided, that subject to conditions established by the director, the permit may be obtained immediately prior to distribution from any agent designated by the director;  (2) For any person to detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this chapter or regulations adopted under this chapter, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter or the regulations adopted under this chapter;  (3) For any person to use for his or her own advantage or to reveal, other than to the director or properly designated state or federal officials, or employees of the state or federal executive agencies, or to the courts of the state or of the United States in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of  23-25-6 or any information judged by the director as containing or relating to trade secrets or commercial or financial information obtained by authority of this chapter and marked as privileged or confidential by the registrant;  (4) For any person to handle, transport, store, display, or distribute pesticides in such a manner as to endanger humans and the environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with those pesticides;  (5) For any person to dispose of, discard, or store any pesticide or pesticide containers in such manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any water supply, waterway, or water body;  (6) For any person to refuse or otherwise fail to comply with the provisions of this chapter, the regulations adopted under this chapter, or of any lawful order of the director.  (d) The penalties provided for violations of subdivisions (1) to (5) of subsection (b) of this section shall not apply to:  (1) Any carrier while lawfully engaged in transporting a pesticide within the state if the carrier shall, upon request, permit the director to copy all records showing the transactions in and movement of the pesticides or devices;  (2) Employees of the state or the federal government while engaged in the performance of their official duties in administering Rhode Island or federal pesticide laws or regulations;  (3) The manufacturer, shipper, or other distributor of a pesticide for experimental use only; provided, that the person holds or is covered by a valid experimental use permit as provided for by  23-25-7 or issued by EPA; provided further, that the permit covers the conduct in question.  (4) Any person who ships a substance or mixture of substances being put through tests in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties and from which the user does not expect to receive any benefit in pest control from its use.  (e) No pesticide or device shall be deemed in violation of this chapter when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not exported, all provisions of this chapter shall apply.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-18; P.L. 1979, ch. 39,  1. 
 23-25-19. Storing and disposal of pesticides and pesticide containers. No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway or water body in a way harmful to any wildlife in the waterway or waterbody. The director shall promulgate rules and regulations governing the storing and disposal of those pesticides or pesticide containers. These standards shall be consistent with any regulations promulgated pursuant to  19 of FIFRA, 7 U.S.C.  136q, or any acts cited therein.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-19; P.L. 1979, ch. 39,  1. 
 23-25-2. Enforcing official. The provisions of this chapter shall be administered by the director of environmental management of the state, referred to as the director.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-2; P.L. 1979, ch. 39,  1. 
 23-25-20. Enforcement. (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 distributors 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.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-20; P.L. 1979, ch. 39,  1; P.L. 1981, ch. 248,  1. 
 23-25-21. Stop sale, use, or removal order. When the director has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this chapter, or of any prescribed regulations under this chapter, the director may issue and serve a written stop sale, use, or removal order upon the owner or custodian of this pesticide or device. If the owner or custodian is not available for service of the order upon him or her, the director may attach the order to the pesticide or device and notify the owner or custodian and the registrant. The pesticide or device shall not be sold, used, or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing under conditions specified by the director or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-21; P.L. 1979, ch. 39,  1. 
 23-25-22. Judicial action after stop sale, use, or removal order. (a) After service of a stop sale, use, or removal order is made upon any person, either that person, the registrant, or the director may file an action in a superior court in the county in which a violation of this chapter or regulations adopted under this chapter is alleged to have occurred for an adjudication of the alleged violation. The court in that action may issue temporary or permanent injunctions, mandatory or restraining, and any intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this chapter or regulations adopted under this chapter.  (b) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs and if the pesticide or device is sold, the proceeds, less costs including legal cost, shall be paid to the general treasury as provided in  23-25-32; provided, that the pesticide or device shall not be sold contrary to the provisions of this chapter or regulations adopted under this chapter. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the its owner for relabeling, reprocessing, removal from the state, or otherwise bringing the product into compliance.  (c) When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-22; P.L. 1979, ch. 39,  1. 
 23-25-23. Records. (a) Any person issued a pesticide dealers license under the provisions of this chapter shall be required by the director to keep accurate records containing the following information:  (1) The delivery, movement, or holding of any restricted use or state limited use pesticide, including the quantity;  (2) The date of shipment and receipt;  (3) The name of consignor and name and certification number of the consignee; and  (4) Any other information necessary for the enforcement of this chapter as prescribed in regulations adopted by the director.  (b) The director or his or her agent shall have access to the records at any reasonable time to copy or make copies of the records for the purpose of carrying out the provisions of this chapter. Unless required for the enforcement of this chapter, that information shall be confidential and, if summarized, shall not identify an individual person.  (c) The director shall require certified applicators to maintain records with respect to applications of restricted use and state limited use pesticides and may require those records on all pesticides. Any relevant information that the director may deem necessary may be specified by regulation. The records shall be kept for a period of at least two (2) years from the date of the application to which the records refer, and the director shall, upon a request in writing, immediately be furnished with a copy of the records by the certified applicator.  (d) The director may require licensed commercial applicators to maintain records with respect to applications of all pesticides. Any relevant information that the director may deem necessary may be specified by regulation. The records shall be kept for a period of two (2) years from the date of the application to which the records refer, and the director shall, upon a request in writing, immediately be furnished with a copy of the records by the licensed commercial applicator.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-23; P.L. 1979, ch. 39,  1. 
 23-25-24. Cooperation with other agencies. The director may cooperate, receive grants-in-aid, and enter into cooperative agreements or contracts with any agency of the federal government, of this state and its subdivisions, or with any agency of another state, in order to:  (1) Secure uniformity of regulations;  (2) Enter into cooperative agreements with the EPA to register pesticides under the authority of this chapter and FIFRA;  (3) Cooperate in the enforcement of the federal pesticide control laws through the use of state and/or federal personnel and facilities to implement cooperative enforcement programs, including, but not limited to, the registration and inspection of establishments;  (4) Develop and administer state plans for training and for certification of applicators consistent with federal standards;  (5) Contract for training with other agencies for the purpose of training applicators to be certified or licensed;  (6) Contract for monitoring pesticides for the national plan;  (7) Prepare, submit, and maintain state plans to meet federal certification standards, as provided for in  4 of FIFRA, 7 U.S.C.  136i(a) to (c); and  (8) Regulate certified and licensed applicators.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-24; P.L. 1979, ch. 39,  1. 
 23-25-25. Publication of information. The director may publish, at least annually, and in any form that he or she may deem proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides; provided, that individual distribution information shall not be a public record. The director, in cooperation with the land grant universities or other educational institutions, may publish information and conduct short courses of instruction in the areas of knowledge required in this chapter.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-25; P.L. 1979, ch. 39,  1. 
 23-25-26. Reports of pesticide accidents or incidents. The director may by regulation require the reporting of significant accidents or incidents to a designated state agency and/or the EPA.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-26; P.L. 1979, ch. 39,  1. 
 23-25-27. Subpoenas. The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by license, registration, certification, or permit issued under the provisions of this chapter.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-27; P.L. 1979, ch. 39,  1. 
 23-25-28. Penalties. (a) Civil penalties.(1) Any person who violates any provision of this chapter may be assessed a civil penalty of not more than ten thousand dollars ($10,000) for each offense. In addition to any civil penalty assessed in this subsection, the director may ban businesses or commercial applicators from providing pest control services to the state for a period of up to five (5) years when the director finds the business or commercial applicator has violated a provision of this chapter or the rules or regulations promulgated under this chapter with regard to the mixing or application of pesticides.  (2) No penalty shall be assessed unless the person charged shall have been notified and given opportunity for a hearing before the director on the charge. In making the assessment, the director shall consider the size of the business, the ability of the person charged to continue in business, and the gravity of the violation.   (b) Criminal penalties.(1) Any person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall, on conviction, be fined not more than twenty-five thousand dollars ($25,000) or imprisoned for not more than sixty (60) days, or both.  (2) Any person who, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of  23-25-6 shall be fined not more than ten thousand dollars ($10,000), or imprisoned for not more than three (3) years, or both.   History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-28; P.L. 1979, ch. 39,  1; P.L. 1986, ch. 321,  1. 
 23-25-29. Protection of trade secrets and other information. (a) In submitting data required by this chapter, the applicant may:  (1) Clearly mark any portion of it which in his or her opinion are trade secrets or commercial or financial information; and  (2) Submit that marked material separately from other material required to be submitted under this chapter.  (b) Notwithstanding any other provision of this chapter, the director shall not make public information which in his or her judgment contains or relates to trade secrets or commercial or financial information obtained from a person as privileged or confidential, except that, when necessary to carry out the provisions of this chapter, information relating to formulas of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted, or as required by law, and may be revealed at a public hearing or in findings of fact issued by the director.  (c) If the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b) of this section, he or she shall notify the applicant or registrant in writing by certified mail. The director shall not after this make available for inspection that data until thirty (30) days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under subsection (b) of this section.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-29; P.L. 1979, ch. 39,  1. 
 23-25-3. Declaration of purpose. The purpose of this chapter is to regulate, in the public interest, the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides as defined in this chapter. The general assembly finds that pesticides are valuable to our states agricultural production and to the protection of human life and the environment from insects, rodents, weeds, and other forms of life which may be pests; but it is essential to the public health and welfare that they be regulated to prevent adverse effects on human life and the environment. New pesticides are continually being discovered, synthesized, or developed which are valuable for the control of pests and for use as defoliants, desiccants, and plant regulators. Those pesticides may be ineffective, may cause injury to man, or may cause unreasonable adverse effects on the environment if not properly used. Pesticides may injure human life or animals, either by direct poisoning or by gradual accumulation of pesticide residues in the tissue. Crops or other plants may also be injured by their improper use. The drifting or washing of pesticides into streams, lakes, or other bodies of water may cause appreciable damage to aquatic life. A pesticide applied for the purpose of killing pests in a crop which is not itself injured by the pesticide, may drift and injure other crops or non-target organisms with which it comes in contact. It is deemed necessary to provide for regulation of pesticides.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-3; P.L. 1979, ch. 39,  1. 
 23-25-30. Delegation of directors duties. 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.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-30; P.L. 1979, ch. 39,  1. 
 23-25-31. Reciprocal agreements. (a) The director may waive all or part of the examination requirements prescribed in  23-25-12, 23-25-13 and 23-25-14 on a reciprocal basis with any other state which has substantially the same examination requirements and standards of competency, and for federal employees qualified under substantially the same examination requirements and standards of competency.  (b) The director is authorized to adopt regulations, including, but not limited to, regulations establishing procedures for establishing and implementing reciprocal agreements, providing verifying credentials to out-of-state applicators, and assuring compliance.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-31; P.L. 1979, ch. 39,  1. 
 23-25-32. Budget  Receipt and disposition of funds. (a) The director shall include in the annual budget sums of money necessary: to carry out the pesticide control program as required by this chapter and the EPA approved plan for certifying applicators, for the registration of pesticides, for office and other expenses including travel necessary for inspection and enforcement, and to employ sufficient employees to effectively carry out the provisions of this chapter.  (b) All money received by the director under the provisions of this chapter, 23-25-12(b)(2), 23-25-13(b)(3), 23-25-14(b)(3), and 23-25-15(c)(5) shall be deposited into the general treasury as general revenues.  (c) All money received by the director as federal grants-in-aid, contracts, and the like, to assist the state in carrying out a certification program shall be deposited into the general treasury to the credit of a special fund to be used only for carrying out the provisions of this chapter.  (d) All money appropriated for the pesticide enforcement and certification program shall be made available immediately and are specifically appropriated to the director for the following purposes:  (1) To support the pesticide enforcement and certification program;  (2) For payment of ancillary services, personnel, and equipment incurred to carry out the purposes of pesticide enforcement and certification.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-32; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 133, art. 22,  3; P.L. 1995, ch. 370, art. 40,  71. 
 23-25-33. Severability. If any provisions of this chapter are declared unconstitutional or the applicability of these provisions to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and applicability of this chapter to other persons and circumstances shall not be affected by this invalidity.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-33; P.L. 1979, ch. 39,  1. 
 23-25-34. Prior liability. The enactment of this chapter shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on May 28, 1976.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-34; P.L. 1979, ch. 39,  1. 
 23-25-35. Repeal of inconsistent acts. Jurisdiction in all matters pertaining to the registration, sale, distribution, transportation, storage, use and application, disposal of pesticides and devices, and licensing and certification of applicators is, by this chapter, vested exclusively in the director, and all acts and parts of acts inconsistent with this chapter are expressly repealed.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-35; P.L. 1979, ch. 39,  1. 
 23-25-36. Protective clothing and equipment. The director may promulgate rules and regulations requiring the use of protective clothing and equipment by any person operating equipment for the application of any pesticide, insecticide, fungicide, herbicide, and rodenticide.  History of Section.P.L. 1986, ch. 339,  1. 
 23-25-37. Pesticide applications and notification of pesticide applications at schools. (a) The department of environmental management and the department of health shall develop regulations as follows: (1) to restrict the use of hazardous pesticides in schools, pre-schools and child care centers in Rhode Island; (2) for the promotion and implementation of integrated pest management (IPM) as defined in  23-25.2-2; (3) to cover situations where an emergency application of pesticide must be conducted to eliminate an immediate threat to human health, and establish reporting requirements for these emergency applications.  (b) On and after July 1, 2001, no person other than a licensed or certified commercial applicator as defined in  23-25-4, shall apply pesticide within any building or on the grounds of any school. This section shall not apply in the case of an emergency application of pesticide to eliminate an immediate threat to human health, where it is impractical to obtain the services of any such applicator; provided the emergency application does not involve a restricted use or state limited use pesticide. For purposes of this section, emergency means a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member.  (c)(1) On and after July 1, 2002, at the beginning of each school year, each local school authority shall provide the staff of each school and the parents or guardians of each child enrolled in each school with a written statement of the committees policy on pesticide application on school property and a description of any pesticide applications made at the school during the previous school year.  (2) The statement and description shall be provided to the parents or guardians of any child who transfers to a school during the school year. The statement shall: (i) indicate that the staff, parents, or guardians may register for prior notice of pesticide applications at the school; and (ii) describe the emergency notification procedures provided for in this section. Notice of any modification to the pesticide application policy shall be sent to any person who registers for notice under this section.  (d) On and after July 1, 2002, parents or guardians of children in any school and school staff may register for prior notice of pesticide application at their school. Each school shall maintain a registry of persons requesting the notice. Prior to providing for any application of pesticide within any building or on the grounds of any school, the local school authority shall provide for the distribution of notice to parents and guardians who have registered for prior notice under this section, such that the notice is received no later than twenty-four (24) hours prior to the application. Notice shall be given by any means practicable to school staff who have registered for the notice. Notice under this subsection shall include: (1) the common or trade name and the name of the active ingredient; (2) the EPA registration number as listed on the pesticide label; (3) the target pest; (4) the exact location of the application on the school property; (5) the date of the application; and (6) the name of the school administrator, or a designee, who may be contacted for further information.  (e) On and after July 1, 2003, no application of pesticide may be made in any building or on the grounds of any school during regular school hours or during planned activities at any school. No child shall enter an area where the application has been made until it is safe to do so according to the provisions on the pesticide label. This section shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants or the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR 152.25.  (f) On and after July 1, 2002, a local school authority may make an emergency application of pesticide without prior notice under this section in the event of an immediate threat to human health, provided the board provides for notice, by any means practicable, on or before the day that the application is to take place, to any person who has requested prior notice under this section.  (g) On and after July 1, 2002, notice of any pesticide application at a school shall be given, by any means practicable, to the parents or guardians of any child enrolled at the school and to the staff of the school not later than one week after the application. The notice shall include: (1) the common or trade name and the name of the active ingredient; (2) the EPA registration number as listed on the pesticide label; (3) the target pest; (4) the exact location of the application on the school property; (5) the date of the application; and (6) the name of the school administrator, or a designee, who may be contacted for further information. A copy of the record of each pesticide application at a school shall be maintained at the school for a period of five (5) years.  (h) Not later than July 1, 2002, the department of environmental management and the department of health shall jointly establish a task force which shall specifically address methods to promote public education and professional training about pesticides, their potential health effects and IPM least toxic alternatives, and for evaluation and analysis of current pest control practices at school and child care facilities.  History of Section.P.L. 2001, ch. 293,  1; P.L. 2002, ch. 418,  1; P.L. 2008, ch. 475,  69. 
 23-25-38. Pesticide applications and notification of pesticide applications at pre-schools and child care centers. (a) On and after July 1, 2003, no application of pesticide may be made by any person other than a certified or licensed commercial applicator as defined in  23-25-4 in any building or on the grounds of any pre-school, child day care center, group/family day care home or family day care home, during regular business hours. No child enrolled at such center or home may enter an area where pesticides have been applied until it is safe to do so according to the provisions on the pesticide label. For purposes of this section, emergency shall mean a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member. This section shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants, insecticidal disks, or the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR part 152.25.  (b) On and after July 1, 2002, notice of any pesticide application at any such center or home shall be given, by any means practicable, to the parents or guardians of any child enrolled at the center or home not later than twenty-four (24) hours before the application. The notice shall include: (1) the common or trade name and the name of the active ingredient; (2) the EPA registration number as listed on the pesticide label; (3) the target pest; (4) the exact location of the application on the property; (5) the date of the application; and (6) the name of the pre-school or child care center owner/operator or their designee.  History of Section.P.L. 2001, ch. 293,  1; P.L. 2002, ch. 418,  1. 
 23-25-39. Report on lawn care pesticide use. (a) The department of environmental management shall report to the governor, the speaker of the house and the president of the senate on or before November 1, 2007, with regard to:  (1) Health risks, especially in children, associated with lawn care pesticides, as such risks have been established in the literature, based on the best available scientific information and health data studies;  (2) Currently recognized best practices for the use and/or control of lawn care pesticides at schools and child daycare facilities;  (3) How other jurisdictions have managed lawn care pesticides used at school facilities, including school facilities that have two (2) or more of the following functions at the same location, child daycare facilities, preschools, elementary and secondary schools;  (4) What Rhode Island schools are currently doing to manage, decrease or eliminate the use of lawn care pesticides on school grounds and to implement alternative methods of pest management in lawn care;  (5) A recommended lawn care pesticide use and control program for public and private child daycare centers, preschools and elementary schools located in Rhode Island; and  (6) The enforcement activities required to implement the lawn care use and control program and the fiscal impact this program may have on state agencies and school departments.  (b) The department of environmental management shall establish a working group, including, but not limited to: the department of health, the department of elementary and secondary education and the association of school committees, to assist with the report required in subsection (a). The department of health and the department of elementary and secondary education are hereby authorized and directed to cooperate with the department of environmental management in the preparation of the report required by this section.  History of Section.P.L. 2007, ch. 421,  1. 
 23-25-4. Definitions. [Effective until January 1, 2024.] As used in this chapter: (1) Active ingredient means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, or desiccant.  (2) Adulterated applies to any pesticide if its strength or purity falls below the professed standards of quality as expressed on its labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted.  (3) Agricultural commodity means any plant, or part of plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by humans or animals.  (4) Animal means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish, and shellfish.  (5) Beneficial insects means those insects which, during their life cycle, are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial.  (6) Board means the pesticide advisory board as provided for under  23-25.2-3.  (7) Defoliant means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission.  (8) Desiccant means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.  (9) Device means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than humans and other than bacteria, virus, or other micro-organism on or in living humans or other living animals) but not including equipment used for the application of pesticides when sold separately from it.  (10) Director means the director of environmental management.  (11) Distribute means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver pesticides in this state.  (12) Environment includes water, air, land, and all plants and humans and other living animals in it, and the interrelationships which exist among these.  (13) EPA means the United States Environmental Protection Agency.  (14) FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.  136 et seq., and other legislation supplementary to it and amendatory of it.  (15) Fungi means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those in or on living humans or other living animals, and except those in or on processed food, beverages, or pharmaceuticals.  (16) Highly toxic pesticide means any pesticide determined to be a highly toxic pesticide under the authority of  25(c)(2) of FIFRA, 7 U.S.C.  136w(c)(2), or by the director under  23-25-9(a)(2).  (17) Imminent hazard means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings pursuant to  23-25-8 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the secretary of the interior under 16 U.S.C.  1531 et seq.  (18) Inert ingredient means an ingredient which is not an active ingredient.  (19) Ingredient statement means:  (i) Statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide; and  (ii) When the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic.  (20) Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six (6) legged, usually winged forms, as for example, moths, beetles, bugs, bees, flies, and their immature stages, and to other allied classes of anthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice.  (21) Integrated Pest Management (IPM) refers to a method of pest control that uses a systems approach to reduce pest damage to tolerable levels through a variety of techniques, including natural predators and parasites, genetically resistant hosts, environmental modifications and, when necessary and appropriate, chemical pesticides. IPM strategies rely upon nonchemical defenses first and chemical pesticides second.  (22) Label means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.  (23) Labeling means the label and all other written, printed, or graphic matter:  (i) Accompanying the pesticide or device at any time; or  (ii) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of EPA, the United States Departments of Agriculture and Interior, and the department of health and human services; state experiment stations; state agricultural colleges; and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.  (24) Land means all land and water areas, including airspace, all plants, animals, structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or mobile, including any used for transportation.  (25) Nematode means invertebrate animals of the phylum Nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms.  (26) Plant regulator means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for altering the behavior of plants or the produce of these but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, the term plant regulator is not required to include any of those nutrient mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, are not for pest destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration.  (27) Permit means a written certificate, issued by the director, authorizing the purchase, possession, and/or use of certain pesticides or pesticide uses defined in subdivisions (34) and (35) of this section.  (28) Person means any individual, partnership, association, fiduciary, corporation, governmental entity, or any organized group of persons whether incorporated or not.  (29) Pest means:  (i) Any insect, rodent, nematode, fungus, or weed; and  (ii) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living humans or other living animals) which the director declares to be a pest under  23-25-9(a)(1).  (30) Pesticide means:  (i) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and  (ii) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.  (31) Pesticide dealer means any person who distributes within the state any pesticide product classified for restricted use by EPA or limited use by the director.  (32)(i) Private applicator means any person who uses or supervises the use of any pesticide for purposes of producing any agricultural commodity on land owned or rented by him or her or his or her employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on land of another person.  (ii) Certified private applicator means any private applicator who is certified under  23-25-14 as authorized to purchase, acquire, apply, or supervise the application of any pesticide classified for restricted use by EPA or limited use by the director.  (iii) Commercial applicator means any person (whether or not that person is a private applicator with respect to some uses), including employees of any federal, state, county or municipal agency, department, office, division, section, bureau, board, or commission, who applies or supervises the application of any pesticide for any purpose or on any property other than as provided by the definition of private applicator.  (iv) Certified commercial applicator means any commercial applicator who is certified under  23-25-13 as authorized to purchase, acquire, apply, or supervise the application of a pesticide classified for restricted use by EPA or limited use by the director.  (v) Licensed commercial applicator means any commercial applicator who is licensed under  23-25-12 as authorized to use or supervise the use of any pesticide not classified for restricted use by EPA or limited use by the director on land not owned or rented by him or her.  (33) Protect health and the environment means protection against any unreasonable adverse effects on the environment.  (34) Registrant means a person who has registered any pesticide pursuant to the provisions of this chapter.  (35) Restricted use pesticide means a pesticide or pesticide use that is classified for restricted use by the administrator of EPA, or under  23-25-6(h).  (36) State limited use pesticide means any pesticide or pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable adverse effects on the environment including humans, land, beneficial insects, animals, crops, and wildlife, other than pests.  (37) Under the direct supervision means that on-site supervision of any pesticide application by an appropriately certified or licensed applicator who is responsible for the application and is capable of dealing with emergency situations which might occur.  (38) Unreasonable adverse effects on the environment means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.  (39) Weed means any plant which grows where not wanted.  (40) Wildlife means all living things that are neither human nor, as defined in this chapter, pests, including but not limited to mammals, birds, and aquatic life.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.4-4; P.L. 1979, ch. 39,  1; P.L. 1986, ch. 347,  1; P.L. 1988, ch. 84,  22; P.L. 2002, ch. 418,  1.   23-25-4. Definitions. [Effective January 1, 2024.] As used in this chapter: (1) Active ingredient means any ingredient that will prevent, destroy, repel, control, or mitigate pests, or that will act as a plant regulator, defoliant, or desiccant.  (2) Adulterated applies to any pesticide if its strength or purity falls below the professed standards of quality as expressed on its labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted.  (3) Agricultural commodity means any plant, or part of plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by humans or animals.  (4) Animal means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish, and shellfish.  (5) Beneficial insects means those insects that, during their life cycle, are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial.  (6) Board means the pesticide advisory board as provided for under  23-25.2-3.  (7) Defoliant means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission.  (8) Desiccant means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.  (9) Device means any instrument or contrivance (other than a firearm) that is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than humans and other than bacteria, virus, or other micro-organism on or in living humans or other living animals) but not including equipment used for the application of pesticides when sold separately from it.  (10) Director means the director of environmental management.  (11) Distribute means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver pesticides in this state.  (12) Environment includes water, air, land, and all plants and humans and other living animals in it, and the interrelationships that exist among these.  (13) EPA means the United States Environmental Protection Agency.  (14) FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.  136 et seq., and other legislation supplementary to it and amendatory of it.  (15) Fungi means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those in or on living humans or other living animals, and except those in or on processed food, beverages, or pharmaceuticals.  (16) Highly toxic pesticide means any pesticide determined to be a highly toxic pesticide under the authority of  25(c)(2) of FIFRA, 7 U.S.C.  136w(c)(2), or by the director under  23-25-9(a)(2).  (17) Imminent hazard means a situation that exists when the continued use of a pesticide during the time required for cancellation proceedings pursuant to  23-25-8 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the secretary of the interior under 16 U.S.C.  1531 et seq.  (18) Inert ingredient means an ingredient that is not an active ingredient.  (19) Ingredient statement means:  (i) A statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide; and  (ii) When the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic.  (20) Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six (6) legged, usually winged forms, as for example, moths, beetles, bugs, bees, flies, and their immature stages, and to other allied classes of anthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice.  (21) Integrated Pest Management (IPM) refers to a method of pest control that uses a systems approach to reduce pest damage to tolerable levels through a variety of techniques, including natural predators and parasites, genetically resistant hosts, environmental modifications and, when necessary and appropriate, chemical pesticides. IPM strategies rely upon nonchemical defenses first and chemical pesticides second.  (22) Label means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.  (23) Labeling means the label and all other written, printed, or graphic matter:  (i) Accompanying the pesticide or device at any time; or  (ii) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of EPA, the United States Departments of Agriculture and Interior, and the department of health and human services; state experiment stations; state agricultural colleges; and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.  (24) Land means all land and water areas, including airspace, all plants, animals, structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or mobile, including any used for transportation.  (25) Nematode means invertebrate animals of the phylum Nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms.  (26) Neonicotinoids means any of a class of systemic water soluble insecticides related to nicotine that affect the central nervous system of insects by selectively binding to the postsynaptic nicotinic receptors of insects thereby causing paralysis and death. Neonicotinoids include, but are not limited to:  (i) Imidacloprid;  (ii) Acetamiprid;  (iii) Clothianidin;  (iv) Nitenpyram;  (v) Nithiazine;  (vi) Thiacloprid;  (vii) Thiamethoxam; and  (viii) Dinotefuran.  (27) Permit means a written certificate, issued by the director, authorizing the purchase, possession, and/or use of certain pesticides or pesticide uses defined in subsections (36) and (37) of this section.  (28) Person means any individual, partnership, association, fiduciary, corporation, governmental entity, or any organized group of persons whether incorporated or not.  (29) Pest means:  (i) Any insect, rodent, nematode, fungus, or weed; and  (ii) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living humans or other living animals) which the director declares to be a pest under  23-25-9(a)(1).  (30) Pesticide means:  (i) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and  (ii) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.  (31) Pesticide dealer means any person who distributes within the state any pesticide product classified for restricted use by EPA or limited use by the director.  (32) Plant regulator means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for altering the behavior of plants or the produce of these but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, the term plant regulator is not required to include any of those nutrient mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, are not for pest destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration.  (33)(i) Private applicator means any person who uses or supervises the use of any pesticide for purposes of producing any agricultural commodity on land owned or rented by him or her or his or her employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on land of another person.  (ii) Certified private applicator means any private applicator who is certified under  23-25-14 as authorized to purchase, acquire, apply, or supervise the application of any pesticide classified for restricted use by EPA or limited use by the director.  (iii) Commercial applicator means any person (whether or not that person is a private applicator with respect to some uses), including employees of any federal, state, county or municipal agency, department, office, division, section, bureau, board, or commission, who applies or supervises the application of any pesticide for any purpose or on any property other than as provided by the definition of private applicator.  (iv) Certified commercial applicator means any commercial applicator who is certified under  23-25-13 as authorized to purchase, acquire, apply, or supervise the application of a pesticide classified for restricted use by EPA or limited use by the director.  (v) Licensed commercial applicator means any commercial applicator who is licensed under  23-25-12 as authorized to use or supervise the use of any pesticide not classified for restricted use by EPA or limited use by the director on land not owned or rented by him or her.  (34) Protect health and the environment means protection against any unreasonable adverse effects on the environment.  (35) Registrant means a person who has registered any pesticide pursuant to the provisions of this chapter.  (36) Restricted use pesticide means a pesticide or pesticide use that is classified for restricted use by the administrator of EPA, or under  23-25-6(h).  (37) State limited use pesticide means any pesticide or pesticide use that, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable adverse effects on the environment including humans, land, beneficial insects, animals, crops, and wildlife, other than pests.  (38) Under the direct supervision means on-site supervision of any pesticide application by an appropriately certified or licensed applicator who is responsible for the application and is capable of dealing with emergency situations which might occur.  (39) Unreasonable adverse effects on the environment means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.  (40) Weed means any plant that grows where not wanted.  (41) Wildlife means all living things that are neither human nor, as defined in this chapter, pests, including but not limited to mammals, birds, and aquatic life.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.4-4; P.L. 1979, ch. 39,  1; P.L. 1986, ch. 347,  1; P.L. 1988, ch. 84,  22; P.L. 2002, ch. 418,  1; P.L. 2022, ch. 149,  1, effective January 1, 2024; P.L. 2022, ch. 150,  1, effective January 1, 2024. 
 23-25-40. Neonicotinoids restricted. [Effective January 1, 2024.] (a) All pesticides registered in the state that contain one or more neonicotinoids and are labeled as approved for outdoor use are hereby immediately classified as state limited use pesticide. Such pesticides shall not be:  (1) Sold or distributed to any person other than a certified applicator;  (2) Used or applied by any person other than a certified applicator or any person working under the direct supervision of a certified applicator;  (3) Applied, except in the course of academic research, to any linden or basswood tree; or  (4) Applied, except in the course of academic research, to any plant when such plant bears blossoms.  (b) This section does not apply to:  (1) Pet or veterinary care products used for preventing, destroying, repelling, or mitigating fleas, mites, ticks, heartworms, or other insects or organisms when applied to or administered to companion animals, livestock, or captive wild animals, regardless of whether the application or administration occurs indoors or outdoors;  (2) Personal care products used for preventing, destroying, repelling, or mitigating lice or bedbugs;  (3) Indoor pest control products used for preventing, destroying, repelling, or mitigating insects indoors and registered in this state only for indoor use;  (4) Products used for controlling wood-destroying pests in and around homes and other human-made structures, in accordance with the label; or  (5) An article or substance treated with, or containing, a neonicotinoid to protect the article or substance itself (for example, seeds treated with a neonicotinoid to protect the seeds or wood products treated to protect the wood against insect infestation), if the neonicotinoid is registered for such use.  (c) Nothing in this section shall prohibit the director from further restricting or regulating neonicotinoids pursuant to  23-25-9.  History of Section.P.L. 2022, ch. 149,  2, effective January 1, 2024; P.L. 2022, ch. 150,  2, effective January 1, 2024. 
 23-25-5. Misbranded. The term misbranded applies: (1) To any pesticide or device designated under  23-25-9(b)(4):  (i) If its labeling bears any statement, design, or graphic representation relative to it or to its ingredients which is false or misleading in any particular;  (ii) If it is an imitation of or is distributed under the name of another pesticide;  (iii) If any word, statement, or other information required to appear on the label or labeling is not prominently placed on it with any conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in any terms as to render it unlikely to be read and understood by the ordinary individual under customary conditions of purchase and use.  (2) To any pesticide:  (i) If the labeling does not contain a statement of the EPA use classification under which the product is registered;  (ii) If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and, if complied with, together with any requirements imposed under  3(d) of FIFRA, 7 U.S.C.  136a(d), are not adequate to protect health and the environment;  (iii) If the label does not bear:  (A) Name, brand, or trademark under which the pesticide is distributed;  (B) An ingredient statement on that part of the immediate container (and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase; provided, that the ingredient statement may appear prominently on another part of the container, as permitted pursuant to  2(q)(2)(A) of FIFRA, 7 U.S.C.  136(q)(2)(A), if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;  (C) A warning or caution statement which may be necessary and which, if complied with together with any requirements imposed under  3(d) of FIFRA, 7 U.S.C.  136a(d), would be inadequate to protect the health and environment;  (D) The net weight or measure of the content;  (E) The name and address of the manufacturer, registrant, or person for whom manufactured; and  (F) The EPA registration number assigned to each establishment in which it was produced and the EPA registration number assigned to the pesticide, if required by regulations under FIFRA.  (iv) If the pesticide contains any substance or substances in quantities highly toxic to humans, unless the label bears, in addition to other label requirements:  (A) The skull and crossbones;  (B) The word POISON in red prominently displayed on a background of distinctly contrasting color; and  (C) A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide.  (v) If the pesticide container does not bear a registered label.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-5; P.L. 1979, ch. 39,  1. 
 23-25-6.1. Registration fee  Surcharge. In addition to the annual registration fee of fifty dollars ($50.00) as required by  23-25-6, an additional two hundred fifty dollars ($250) registration surcharge fee shall be imposed upon each pesticide to be sold or used within the state, unless the director has determined the subject product is a statewide minor use product pursuant to  23-25-6(b)(3). The registration surcharge fee shall be deposited as general revenues.  History of Section.P.L. 1992, ch. 419,  2; P.L. 1993, ch. 439,  1; P.L. 1995, ch. 370, art. 40,  71; P.L. 2001, ch. 139,  2; P.L. 2004, ch. 595, art. 33,  6; P.L. 2007, ch. 73, art. 38,  1; P.L. 2017, ch. 218,  1; P.L. 2017, ch. 335,  1; P.L. 2021, ch. 162, art. 7,  10, effective July 1, 2021. 
 23-25-6. Registration. (a) Every pesticide that is distributed in the state shall be registered with the director subject to the provisions of this chapter and shall be categorized for registration purposes. These categories shall be: consumer protection and health benefits products, which means all disinfectants, sanitizers, germicides, biocides and other pesticides labeled for use directly on humans or pets or in or around household premises, and agricultural and other pesticides, which means restricted-use pesticides and other pesticides that are not consumer protection and health benefits products. That registration shall be renewed annually prior to January 31; provided, that registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide that is registered under the provisions of this chapter or if the pesticide is distributed under the provisions of an experimental use permit issued under  23-25-7 or an experimental use permit issued by the EPA.  (b) The applicant for registration shall file a statement with the director that shall include:  (1) The name and address of the applicant and the name and address of the person whose name will appear on the label, other than the applicants;  (2) The name of the pesticide;  (3) Other necessary information required for completion of the department of environmental managements application for registration form. The director may, upon receipt of an application, designate a pesticide product as a statewide minor use product. Such products will be those which, due to limited distribution within the state, do not, in the opinion of the director, warrant payment of the registration fee and surcharge required to register a product within Rhode Island. Upon designating a product as a statewide minor use the director shall register the product for sale or distribution while waiving both the registration fee and surcharge. The applicant wishing to have a product so designated shall submit a completed application containing the following information:  (i) The product name;  (ii) EPA registration number, if applicable;  (iii) Description of pest to be controlled, and applicable sites;  (iv) Documentation that the product is not registered due to limited market; and  (v) Explanation as to why there are not effective, reasonable alternative products currently registered.  (4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided for in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.  136a et seq.  (c) The director, when he or she deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients.  (d) The director may require a full description of the tests made and the results of the tests upon which the claims are based on any pesticide not registered pursuant to  3 of FIFRA, 7 U.S.C.  136a, or on any pesticide on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information that is different from that furnished when the pesticide was registered or last reregistered.  (e) The director may prescribe other necessary information by regulation.  (f) The applicant desiring to register a pesticide shall, unless the director has determined the subject product is a statewide minor use product pursuant to subsection (b)(3), pay an annual registration fee of fifty dollars ($50.00) to the general treasurer for each pesticide registered for the applicant which shall be credited by the general treasurer to the pesticide relief fund. Annually, on November 1, the general treasurer shall notify the director of the amount of funds contained in the pesticide relief fund. If the pesticide relief fund shall exceed one million dollars ($1,000,000) on that date, the annual registration fee for the next following year commencing December 1 shall be twenty-five dollars ($25.00), which shall become part of the general fund. All registrations shall expire on November 30, of any one year, unless sooner cancelled; provided, that a registration for a special local need pursuant to this section that is disapproved by the administrator, EPA, shall expire on the effective date of the administrators disapproval.  (g) Any registration approved by the director and in effect on the 31st day of January, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until any time that the director notifies the applicant that the registration has been renewed, or denied, in accord with the provisions of  23-25-8. Forms for re-registration shall be mailed to registrants at least thirty (30) days prior to the due date.  (h)(1) Provided the state of Rhode Island is certified by the administrator of EPA to register pesticides pursuant to  24(c) of FIFRA, 7 U.S.C.  136v(c), the director shall require the information set forth under subsections (b), (c), (d), and (e) and shall, subject to the terms and conditions of the EPA certification, register the pesticide if he or she determines that:  (i) Its composition is such as to warrant the proposed claims for it;  (ii) Its labeling and other material required to be submitted comply with the requirements of this chapter;  (iii) It will perform its intended function without unreasonable adverse effects on the environment;  (iv) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects on the environment; and  (v) A special local need for the pesticide exists.  (2) Prior to registering a pesticide for a special local need, the director shall classify the use of the pesticide for general or restricted use in conformity with  3(d), 7 U.S.C.  136a(d), of FIFRA; provided, that the director shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two (2) pesticides meet the requirements of this subdivision, one should not be registered in preference to the other.  (3) The director may develop and promulgate any other requirements by regulation that are necessary for the state plan to receive certification from EPA.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-6; P.L. 1979, ch. 39,  1; P.L. 1985, ch. 260,  2; P.L. 1998, ch. 147,  2; P.L. 2001, ch. 86,  11; P.L. 2017, ch. 218,  1; P.L. 2017, ch. 335,  1. 
 23-25-7. Experimental use permits. (a) Provided the state is authorized by the administrator of EPA to issue experimental use permits, the director may:  (1) Issue an experimental use permit to any person applying for an experimental use permit, if he or she determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide under  23-25-6(h). An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.  (2) Refuse to issue an experimental use permit, if he or she determines that issuance of the permit is not warranted or that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.  (3) Prescribe terms, conditions, and period of time for the experimental use permit, which shall be under the supervision of the director.  (4) Revoke or modify any experimental use permit, at any time, if he or she finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.  (b) The director may develop and promulgate any other requirements by regulation that are necessary for the state plan to receive that authorization from EPA.  (c) The director may limit or prohibit the use of any pesticide for which an experimental use permit has been issued by EPA, pursuant to  5(a) of FIFRA, 7 U.S.C.  136c(a), and which the director finds may cause unreasonable adverse effects on the environment.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-7; P.L. 1979, ch. 39,  1. 
 23-25-8. Refusal to register  Cancellation  Suspension  Legal recourse. (a) Provided the state is certified by the administrator of EPA to register pesticides formulated to meet special local needs, the director shall consider the following for refusal to register, for cancellation, for suspension, or for legal recourse for those pesticides:  (1) If it appears to the director that an application for registration cannot be granted pursuant to  23-25-6(h) and any regulations issued under this section, he or she shall notify the applicant of the manner in which the pesticide, labeling or other material required to be submitted fails to comply with the provisions of this chapter or any regulations under this section so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of the notice, the applicant does not make the required changes, the director may refuse to register the pesticide. The applicant may request a hearing as provided for in the Administrative Procedures Act, chapter 35 of title 42.  (2) When the director determines that a pesticide or its labeling does not comply with the provisions of this chapter or the regulations adopted under this chapter or when necessary to prevent unreasonable adverse effects on the environment, he or she may cancel the registration of a pesticide or change the classification of a pesticide after a hearing in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42.  (3) When the director determines that there is an imminent hazard, he or she may, on his or her own motion, suspend the registration of a pesticide in conformance with the provisions of the Administrative Procedures Act, chapter 35 of title 42. Hearings shall be held with the utmost possible expedition.  (4) Any person who will be adversely affected by the order in this section may obtain judicial review of this order by filing in the superior court, within sixty (60) days after entry of the order, a petition praying that the order be set aside in whole or in part. A copy of the petition shall be immediately transmitted by the clerk of the court to the director and then the director shall file in the court the record of the proceedings on which he or she based his or her order. The court shall have jurisdiction to affirm or set aside the order complained of in whole or in part. The findings of the director with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole. Upon application, the court may remand the matter to the director to take further testimony if there are reasonable grounds for the failure to adduce that evidence in the prior hearing. The director may modify his or her findings and his or her order by reason of the additional evidence taken and shall file the additional record and any modification of the findings or order with the clerk of the court.  (b) If the director determines that any federally registered pesticide with respect to the use of the pesticide within the state:  (1) Does not warrant the claims for it; or  (2) Might cause unreasonable adverse effects on the environment; he or she may refuse to register the pesticide as required in  23-25-6, or if the pesticide is registered under  23-25-6, the registration may be cancelled or suspended as provided in subsection (a) of this section. If the director believes the pesticide does not comply with the provisions of FIFRA or the regulations adopted under it, he or she shall advise EPA of the manner in which the pesticide labeling or other material required to be submitted fails to comply with the provisions of FIFRA and suggest necessary corrections.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-8; P.L. 1979, ch. 39,  1. 
 23-25-9. Authority of director  Determinations  Rules and regulations  Restricted use and limited use of pesticides and uniformity. (a) The director is authorized after due notice and an opportunity for a hearing:  (1) To declare as a pest any form of plant or animal life (other than humans and other than bacteria, viruses, and other micro-organisms on or in living humans or other living animals) which is injurious to health or the environment;  (2) To determine whether pesticides registered under the authority of  24(c) of FIFRA, 7 U.S.C.  136v(c), are highly toxic to humans. The definition of highly toxic, as defined in title 40, Code of Federal Regulations 162.8, as issued or amended, shall govern the directors determination; and  (3) To determine pesticides and quantities of substances contained in pesticides which are injurious to the environment. The director shall be guided by EPA regulations in this determination.  (b) The director is authorized after due notice and a public hearing as provided for in the Administrative Procedures Act, chapter 35 of title 42, to make appropriate regulations where those regulations are necessary for the enforcement and administration of this chapter, including but not limited to regulations providing for:  (1) The collection, examination, and reporting of samples of pesticides or devices pursuant to  23-25-19;  (2) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers;  (3) Labeling requirements of all pesticides required to be registered under provisions of this chapter; provided, that the regulations shall not impose any requirements for federally registered labels in addition to or different from those required pursuant to FIFRA;  (4) Specifying classes of devices which shall be subject to the provisions of  23-25-5(1);  (5) Prescribing methods to be used in the application of pesticides where the director finds that these regulations are necessary to carry out the purpose and intent of this chapter. The regulations may relate to the time, place, manner, methods, materials, and amounts and concentrations in connection with the application of the pesticide, may restrict or prohibit use of pesticides in designated areas during specified periods of time, and shall encompass all reasonable factors which the director deems necessary to prevent damage or injury by drift or misapplication to: plants, including forage plants, on adjacent or nearby lands; wildlife in the adjoining or nearby areas; fish and other aquatic life in waters in reasonable proximity to the area to be treated; and humans, animals, or beneficial insects.  (6) In issuing the regulations referred to in subdivision (5) of this subsection, the director shall give consideration to pertinent research findings and recommendations of other agencies of the state, the federal government, or other reliable sources. The director may by regulation require that notice of a proposed application of a pesticide be given to the public, if he or she finds that the notice is necessary to carry out the purpose of this chapter.  (7) Prescribing regulations requiring any pesticide registered for special local needs to be colored or discolored if he or she determines that the requirement is feasible and is necessary for the protection of health and the environment. The regulations promulgated by EPA pursuant to  25(c)(5) of FIFRA, 7 U.S.C.  136w(c)(5), shall govern this determination.  (8) Prescribing regulations establishing standards for the packages, containers, and wrappings of pesticides registered for local needs. The regulations shall be consistent with the regulations promulgated by EPA pursuant to  25(c)(3) of FIFRA, 7 U.S.C.  136w(c)(3).  (c) For the purpose of uniformity and in order to enter into cooperative agreements, the director may:  (1) In addition to those restricted use pesticides classified by the administrator of EPA, the director may also, by regulation, after a public hearing following due notice, classify a pesticide as a state limited use pesticide for the state of Rhode Island. If the director determines that the pesticide (when applied in accordance with its directions for use, warnings, and cautions, and for uses for which it is registered) may cause without additional restrictions, unreasonable adverse effects on the environment, including injury to the applicator or other persons because of acute dermal or inhalation toxicity of the pesticide, the pesticide shall be applied only by or under the direct supervision of a certified applicator, or be subject to any other restrictions as the director may determine. These other restrictions may include, but are not limited to, the conditions of use as provided in subdivision (b)(5) of this section for state limited use pesticides, may require a permit for the purchase, possession, and application of pesticides labeled as state limited use pesticides, and may further require that application of that pesticide be only under the direct supervision of the director.  (2) Adopt regulations in conformity with the primary pesticide standards, particularly as to labeling and registration requirements, as established by EPA or other federal or state agencies.  (d) Regulations adopted under this chapter shall not permit any pesticide use which is prohibited by FIFRA and regulations or orders issued under it.  (e) Regulations adopted under this chapter as to certified applicators of restricted use pesticides as designated under FIFRA and regulations adopted as to experimental use permits as authorized by FIFRA shall not be inconsistent with the requirements of FIFRA and regulations promulgated under it.  (f) In order to comply with  4 of FIFRA, 7 U.S.C.  136b, the director is authorized to make any reports to the EPA in any form and containing any information that the agency may from time to time require.  History of Section.P.L. 1976, ch. 191,  2; G.L. 1956,  23-41.1-9; P.L. 1979, ch. 39,  1. 
 23-26-1. Definitions. The following words, as used in this chapter, unless the context otherwise requires, shall have the following meanings:  (1) Bedding or article of bedding includes upholstered furniture and filling material or its container (as herein defined) and any mattress, pillow, cushion, quilt, bedpad, comforter, upholstered spring bed, box spring, davenport or day bed, bed spring, metal couch, metal folding bed, metal cot, metal cradle, metal bassinet, and any glider, hammock, or other substantially similar article which is wholly or partly upholstered, when used or intended for use for sleeping or reclining purposes.  (2) Department means the department of business regulation.  (3) Director means the director of business regulation.  (4) Filling material includes any hair, down, feathers, wool, cotton, kapok, or other material used for filling articles of bedding or upholstered furniture.  (5) Manufacture, making, make, or made includes altering, repairing, remaking, renovating, finishing, or preparing articles of bedding or upholstered furniture or filling materials for sale or compensation.  (6) New means any material or article which has not been previously used for any purpose, except that an article of bedding returned by the purchaser for exchange, alteration, or correction within thirty (30) days from date of delivery after original sale at retail, shall be deemed to be a new article, but thirty (30) days from date of delivery the article shall be deemed to be second-hand.  (7) Repairer-renovator means any person who repairs, makes over, re-covers, restores, renovates, or otherwise prepares or tags articles of bedding, directly for the consumer, or for direct sale by the person at retail.  (8) Sale, sell, or sold, includes offering or exposing for sale or exchange or lease or consigning or delivering in consignment for sale, exchange, or lease or holding in possession with like intent. The possession of any article of bedding, as herein defined, by any maker or dealer, or his or her agent or servant in the course of business, shall be presumptive evidence of intent to sell.  (9) Second-hand means any material or article of which prior use has been made.  (10) Supply dealer means any person who breaks bulk, packages, or repackages, or otherwise prepares or tags any filling material or articles of bedding, for sale other than at retail.  (11) Upholstered furniture means any article of household furniture wholly or partly stuffed or filled with soft material, and which is used or intended for use for sitting, reading, or reclining purposes.  History of Section.P.L. 1940, ch. 820,  1; G.L. 1956,  23-26-1; P.L. 1960, ch. 187,  1. 
 23-26-10. Sale of unattached tags. No manufacturer or vendor shall deliver to any person any tags required by this chapter, unless it is affixed or attached to an article as required in this chapter; except that the director may, on application, permit the delivery of unattached tags.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-10; P.L. 1997, ch. 326,  86. 
 23-26-11. Counterfeit stamps and registrations. No person shall have in his or her possession or shall make, use, or sell any counterfeit or colorable imitation of the inspection stamp or registration required by this chapter. Each counterfeited or imitated stamp or registration made, used, sold, offered for sale, delivered, or consigned for sale contrary to the provisions of this chapter shall constitute a separate offense.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-11; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-12. Sterilization registrations. Any sterilization process, before being used in connection with this chapter, must receive the approval of the director. Every person, firm, or corporation desiring to operate the sterilization process shall first obtain a numbered registration from the director and shall not operate the process unless the registration is kept conspicuously posted in the establishment. The fee for original registration shall be eighty-four dollars ($84.00). Application for the registration shall be accompanied by specifications in duplicate, in such form as the director shall require. Each registration shall expire one year from date of issue. The fee for annual renewal of a sterilizing registration shall be one-half (12) the original fee.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-12; P.L. 1997, ch. 326,  86; P.L. 2004, ch. 595, art. 30,  8; P.L. 2009, ch. 68, art. 12,  9; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-13. Contents of tag on bedding articles for sale. Every article of bedding made for sale, sold, or offered for sale shall have attached thereto a tag which shall state the name of the material used, that the material used is new, or second-hand and, when required to be sterilized, that the material has been sterilized, and the number of the sterilizing registration. The tag shall also contain the name and address of the maker or the vendor and the registry number of the maker. All tags attached to new articles shall be legibly stamped or marked by the retail vendor with the date of delivery to the customer.  History of Section.P.L. 1940, ch. 820,  3; P.L. 1945, ch. 1660,  2; G.L. 1956,  23-26-13; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-14. Contents of tag on articles renovated for owner. Every remade or renovated article of bedding not for sale, but for return to the owner for his or her own use, shall have attached thereto a tag which, in addition to the statements otherwise required by this chapter, shall state the name and address of the owner, the date of the sterilization, that the article is not for sale, and that the article contains the same material and the name and amount of any material added during remaking.  History of Section.P.L. 1940, ch. 820,  3; P.L. 1945, ch. 1660,  2; G.L. 1956,  23-26-14; P.L. 1997, ch. 326,  86. 
 23-26-15. Contents of tag on shipments of filling material. Any shipment or delivery, however contained, of material used for filling articles of bedding shall have firmly and conspicuously attached thereto a tag that shall state the name of the maker, preparer, or vendor, and the address of the maker, preparer, or vendor; the name of the contents and whether the contents are new or second-hand; and, if sterilized, the number of the sterilizing registration.  History of Section.P.L. 1940, ch. 820,  3; P.L. 1945, ch. 1660,  2; G.L. 1956,  23-26-15; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-16. Misleading tags  Variances allowed  Ordering articles off sale. In the description of material used on any tag attached to an article of bedding, no term or designation intended or likely to mislead shall be used; provided, however, that where the article contains more than one material, and rules adopted pursuant to this chapter require the amount of the materials to be stated on the tag, a variance not in excess of ten percent (10%) from the amount stated on the tag shall not be deemed misleading. No variance shall be allowed for material which is described as all pure one hundred percent (100%) or terms of similar import. The director may order off sale, and may so tag, any article of bedding or material therefor, which is tagged with a tag bearing a misleading term, description, designation, or statement. Articles or materials placed off sale by the director shall not be sold until the articles or materials are lawfully tagged and the director has removed the off sale tag.  History of Section.P.L. 1940, ch. 820,  3; P.L. 1945, ch. 1660,  2; G.L. 1956,  23-26-16; P.L. 1997, ch. 326,  86. 
 23-26-17. Sterilization of second-hand as is articles  Contents of tag. No complete second-hand article of bedding, or piece of second-hand upholstered furniture, which has not been remade or renovated, shall be sold as is without first being sterilized by a process approved by the director of business regulation. The original tag shall be removed by the vendor who shall attach a tag stating that the article is second-hand  contents unknown; but this requirement shall not apply to articles sold at public auction, to the sale of antique furniture, or to a private sale from the home of the owner (not being a manufacturer or dealer in bedding) direct to the purchaser.  History of Section.P.L. 1940, ch. 820,  3; P.L. 1945, ch. 1660,  2; G.L. 1956,  23-26-17. 
 23-26-18. Sterilization and tagging of articles exposed to contagious disease. Nothing in this chapter shall authorize the sale of an article of bedding that has been exposed to infectious or contagious disease and which, after the exposure, has not been sterilized and approved for use. If the director shall find any article of bedding or filling material which has been used by or about any person having an infectious or contagious disease, the director shall tag the article of bedding or material with a tag bearing the word unclean in conspicuous letters. The tag shall not be removed except by the director.  History of Section.P.L. 1940, ch. 820,  3; P.L. 1945, ch. 1660,  2; G.L. 1956,  23-26-18. 
 23-26-19. Manner of attaching tags. Tags shall be prominently and securely attached to articles of bedding in such manner as the director may require.  History of Section.P.L. 1940, ch. 820,  3; P.L. 1945, ch. 1660,  2; G.L. 1956,  23-26-19. 
 23-26-2. All new materials required for new articles  Tagging. No person shall sell as new any article of bedding unless it is made from all new material and is tagged as provided in this chapter.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-2; P.L. 1997, ch. 326,  86. 
 23-26-20. Form of tags. Whenever a tag is required by this chapter, it shall be approved by the director and shall be made of muslin, linen, or other material of like durability and shall be the same color stock throughout. Paper faced tags shall not be used. For designating all new material, the tag shall be white; for designating second-hand or renovated material or articles the tag shall be yellow; for designating articles or materials placed off sale by the director the tag shall be blue; and for designating articles or materials exposed to infectious or contagious disease and declared unclean by the director, the tag shall be red. Statements required on tags shall be legibly printed or stamped on one side only, in the English language and in letters at least one-eighth of an inch (18") in height. When the director approves a tag, a registry number shall be assigned, and the registry number shall appear on all tags attached to articles of bedding which do not contain the name and address of the manufacturer. Tags attached to mattresses or pillows shall be at least six square inches (6") in area. The director may permit smaller tags and may require larger tags for other articles. On each tag, there shall be a certification that the article complies with the requirements of law, but the tag also may state that the article complies with the laws of any other state.  History of Section.P.L. 1940, ch. 820,  3; G.L. 1956,  23-26-20. 
 23-26-21. Repealed. History of Section.P.L. 1940, ch. 820,  4; G.L. 1956,  23-26-21; Repealed by P.L. 1960, ch. 187,  3. 
 23-26-22. Contents of inspection stamps. Inspection stamps shall bear the seal of the state of Rhode Island and such other matter as the director may require.  History of Section.P.L. 1940, ch. 820,  4; G.L. 1956,  23-26-22. 
 23-26-23. Acceptance of inspection stamps of other states. Inspection stamps of the same value issued by another state shall be accepted in this state in lieu of the stamps required by this chapter, when attached to an article of bedding, before shipment from the other state, upon satisfactory proof to the director that the requirements in the other state as to quality and inspection of manufactured articles and materials are substantially equal to the requirements of this state; provided, that the stamps of this state are likewise accepted in the other state when attached to articles or materials manufactured in this state.  History of Section.P.L. 1940, ch. 820,  4; G.L. 1956,  23-26-23. 
 23-26-24. Inspection powers  Confiscation. Every place, where articles of bedding are made, remade, or renovated, or materials therefore are prepared or sterilized, or where the articles or materials are sold, shall be subject to inspection by the director who shall have the power to inspect the manufacture and sale or delivery of all articles or materials covered by this chapter, and power to destroy or to seize and hold for evidence any article of bedding, in whole or in part, which is made or sold in violation of this chapter.  History of Section.P.L. 1940, ch. 820,  5; G.L. 1956,  23-26-24. 
 23-26-25. Rules, regulations, and findings  Suspension or revocation of registrations. (a) The director is hereby authorized and empowered to make general rules and regulations and specific rulings, demands, and findings for the enforcement of this chapter, in addition hereto and not inconsistent herewith. The director may suspend or revoke any registration for violation of any provision of this chapter, or any rule, regulation, ruling, or demand made pursuant to the authority granted by this chapter.  (b) The director of the department of health shall investigate and enforce the provisions of  23-26-3.1, and promulgate rules and regulations deemed necessary to enforce it.  History of Section.P.L. 1940, ch. 820,  5; G.L. 1956,  23-26-25; P.L. 2017, ch. 380,  2; P.L. 2017, ch. 381,  2; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-26. Appeal of directors decisions. 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.  History of Section.P.L. 1940, ch. 820,  5; G.L. 1956,  23-26-26; P.L. 1997, ch. 326,  86; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-27. Penalty for violations. Any person who: (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or lease any article of bedding as defined by  23-26-1, not properly tagged as required by this chapter; or  (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in preparing cotton or other material therefor that has been used as a mattress, pillow, or bedding in any public or private hospital, or that has been used by or about any person having an infectious or contagious disease, and that after such use has not been sterilized and approved for use, by the director of business regulation; or  (3) Counterfeits or imitates any stamp or registration issued under this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months or both.  (4) Any person or entity who or that violates the provisions of  23-26-3.1 shall be civilly fined not to exceed five thousand dollars ($5,000) for the first violation and up to ten thousand dollars ($10,000) for each subsequent violation.  History of Section.P.L. 1940, ch. 820,  8; G.L. 1956,  23-26-27; P.L. 2017, ch. 380,  2; P.L. 2017, ch. 381,  2; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-28. Disposition of fees and penalties. Notwithstanding the provisions of any other general, local, or special law, all fees, fines, penalties, and other money derived from the operation of this chapter shall be paid to the department of business regulation and deposited as general revenues.  History of Section.P.L. 1940, ch. 820,  7; G.L. 1956,  23-26-28; P.L. 1983, ch. 167, art. XVI,  1; P.L. 1995, ch. 370, art. 40,  73. 
 23-26-29. Repealed. History of Section.P.L. 1940, ch. 820,  10; G.L. 1956,  23-26-29; Repealed by P.L. 1983, ch. 167, art. XVI,  1. 
 23-26-3.1. Sale prohibition. (a) Beginning on January 1, 2020, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, or distribute for use in this state any residential upholstered bedding or furniture that contains one thousand parts per million (1,000 ppm) or greater of any non-polymeric organohalogen flame retardant chemical. This class includes any chemical containing the element bromine or chlorine bonded to carbon that is added to a plastic, foam, fabric, or textile.  (b) Internal electric and electronic components of residential upholstered furniture or bedding or residential furniture or bedding sold for use in commercial or public spaces are not subject to the restrictions in this section.  (c) A manufacturer of products that are banned from sale under this section must notify persons or entities that sell the manufactured products in this state about the provisions of this section no less than ninety (90) days prior to the effective date of the ban.  (d) The prohibition and any related regulations shall not apply to products sold or in use prior to January 1, 2020.  History of Section.P.L. 2017, ch. 380,  1; P.L. 2017, ch. 381,  1; P.L. 2019, ch. 90,  1. 
 23-26-3. Sale of second-hand material as new. No person shall sell, representing it to be new material, any old or second-hand hair, down, feathers, wool, cotton, kapok, or other material used for filling articles of bedding.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-3. 
 23-26-30. Registration required  Application  Issuance and term of registration. No person shall be engaged: (1) As a manufacturer of articles of bedding for sale at wholesale; (2) As a manufacturer of articles of bedding for sale at retail; (3) As a supply dealer; (4) As a repairer-renovator; or (5) As a retailer of second-hand articles of bedding, unless he or she has obtained the appropriate numbered registration therefor from the director, who is hereby empowered to issue the registration. Application for the registration shall be made on forms provided by the director and shall contain such information as the director may deem material and necessary. Based on the information furnished in the application and on any investigation deemed necessary by the director, the applicants classification shall be determined. Each registration issued by the director pursuant to this section shall be conspicuously posted in the establishment of the person to whom issued. The director may withhold the issuance of a registration to any person who shall make any false statement in the application for a registration under this chapter. The director shall promulgate rules and regulations mandating the term of registration for each category of registration issued pursuant to this chapter; however, no registration shall remain in force for a period in excess of three (3) years. The fee for the initial issuance or renewal of a registration shall be determined by multiplying the per annum fee by the number of years in the term of the registration. The entire fee shall be paid in full for the total number of years of registration prior to the issuance of the registration.  History of Section.P.L. 1960, ch. 187,  2; P.L. 1987, ch. 184,  11; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-31. Fees. (a) The per annum fees imposed for registrations issued pursuant to  23-26-30 shall be as follows:  (1) Every applicant classified as a manufacturer of articles of bedding for sale at wholesale or retail or as a supply dealer shall pay, prior to the issuance of a general registration, a per annum fee of two hundred ten dollars ($210) and the registrant may be engaged in any or all of the following:  (i) Manufacture of articles of bedding for sale at wholesale;  (ii) Manufacture of articles of bedding for sale at retail;  (iii) Supply dealer;  (iv) Repairer-renovator.  (2) Every applicant classified as a repairer-renovator or retailer of second-hand articles of bedding shall pay, prior to the issuance of a limited registration, a per annum fee of sixty dollars ($60.00), and the registrant may be engaged in any or all of the following:  (i) Repairer-renovator;  (ii) Retailer of second-hand articles of bedding; provided, however, that if a registrant is reclassified from one category to another that calls for a higher registration fee, he or she shall pay a pro rata share of the higher registration fee for the unexpired period and shall be issued a new registration to expire on the expiration date of the original registration.  (b) If, through error, a registrant has been improperly classified as of the date of issue of his or her current registration, the proper fee for the entire period shall be payable. Any overpayment shall be refunded to the registrant. No refunds shall be allowed to any registrant who has discontinued business, or whose registration has been revoked or suspended or who has been reclassified to a category calling for a greater or lesser registration fee, except as provided herein. The fee shall be paid to the director of business regulation. For reissuing a revoked or expired registration the fee shall be the same as for an original registration.  (c) All payments for registration fees, sterilization process, fines and penalties, and other money received under this chapter shall constitute inspection fees for the purpose of enforcing this chapter.  History of Section.P.L. 1960, ch. 187,  2; P.L. 1976, ch. 331,  1; P.L. 1983, ch. 167, art. XVI,  1; P.L. 1987, ch. 184,  12; P.L. 2004, ch. 595, art. 30,  8; P.L. 2009, ch. 68, art. 12,  9; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-4. Sterilization and tagging of second-hand articles or material. No person shall sell any article of bedding, made from old or second-hand material, or piece of second-hand upholstered furniture unless it shall have been sterilized and tagged as provided in this chapter.  History of Section.P.L. 1940, ch. 820,  2; P.L. 1945, ch. 1660,  1; G.L. 1956,  23-26-4; P.L. 1997, ch. 326,  86. 
 23-26-5. Presence of second-hand article or material as evidence of sale or use. The presence on the premises of any maker or vendor of any old or second-hand material or article shall be presumptive evidence of the sale or use.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-5. 
 23-26-6. Sterilization and tagging of material exposed to contagious disease. No person shall make or sell any article of bedding, or any material used in the making thereof, which has been used by or about any person having an infectious or contagious disease, unless the article or material shall have been sterilized and is tagged as provided in this chapter.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-6; P.L. 1997, ch. 326,  86. 
 23-26-7.1. Sterilization, disinfection, and disinfestation of bedding and materials. (a) No person shall sell, offer for sale, or include in a sale any item of secondhand bedding or any item of bedding of any type manufactured in whole or in part from secondhand material, including their component parts or wiping rags, unless such material has been sterilized, disinfected, and cleaned, by a method approved by the department of business regulation; provided, further, that any product used for sterilization or disinfection of secondhand bedding must be registered as consumer and health benefit products and labeled for use on bedding and upholstered furniture by the EPA in accordance with  23-25-6. The department of business regulation shall promulgate rules and regulations consistent with the provisions of this chapter.  (b) No person shall use in the manufacture, repair, and renovation of bedding of any type any material that has been used by a person with an infectious or contagious disease, or that is filthy, oily, or harbors loathsome insects or pathogenic bacteria.  (c) No person shall sell, or offer for sale, or include in a sale any material or bedding that under the provisions of this chapter or regulations requires treatment unless there is securely attached in accordance with regulations, a yellow tag not less than twelve square inches (12 sq. in.) in size, made of substantial cloth or a material of equal quality. Upon the tag there shall be plainly printed, in black ink, in the English language, a statement showing:  (1) That the item or material has been treated by a method approved by the department of business regulation, and the method of treatment applied.  (2) The lot number and the tag number of the item treated.  (3) The registration number of the person applying treatment.  (4) The name and address of the person for whom treated.  (d) The tag required by this section shall be in addition to any other tag required pursuant to the provisions of this chapter. Holders of registrations to apply sterilization, disinfection, or disinfestation treatment shall be required to keep an accurate record of all materials which have been subjected to treatment, including the source of material, date of treatment, and the name and address of the receiver of each. Such records shall be available for inspection at any time by authorized representatives of the department.  (e) Violations of this section shall be punishable by a fine not to exceed five hundred dollars ($500).  History of Section.P.L. 1998, ch. 147,  1; P.L. 2022, ch. 231, art. 3,  9, effective June 27, 2022. 
 23-26-7. Types of material requiring sterilization. No person shall use any material to make any article of bedding for sale that is made from material:  (1) That comes from an animal or fowl;  (2) That contains any bugs, vermin, insects, or filth;  (3) That is unsanitary;  (4) That contains burlap or other material that has been used for baling;  (5) That is second-hand;  unless the material has been thoroughly sterilized by a process approved by the director. History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-7. 
 23-26-8. Inspection stamp required on tags. No person shall sell, offer for sale, exchange or lease or deliver or consign for like purpose any article or material required by this chapter to be tagged, unless there is affixed on the tag an inspection stamp as required by this chapter; provided, however, that nothing in this section shall be deemed to require an inspection stamp to be affixed on the tag attached to an article of bedding made in this state for shipment and sale outside of this state.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-8; P.L. 1997, ch. 326,  86. 
 23-26-9. Removal or defacement of tags. No person other than a purchaser at retail for his or her own use, or except as otherwise provided in this chapter, shall remove, deface, alter, or cause to be removed, defaced, or altered any tag attached to an article of bedding; but immediately after material used for filling has been removed from its container, the tag and inspection stamp thereon shall be removed and destroyed by the person removing the material.  History of Section.P.L. 1940, ch. 820,  2; G.L. 1956,  23-26-9; P.L. 1997, ch. 326,  86. 
 23-27.1-1  23-27.1-7. Repealed. History of Section.P.L. 1973, ch. 59,  1; P.L. 1976, ch. 325,  1; Repealed by P.L. 1988, ch. 270,  1, effective June 7, 1988. 
 23-27.2-1  23-27.2-17. Repealed. History of Section.P.L. 1973, ch. 138,  1; P.L. 1974, ch. 255,  1; P.L. 1979, ch. 148,  1; Repealed by P.L. 1979, ch. 148,  1; P.L. 1981, ch. 236,  1. 
   23-27.3-100.0. Scope. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-100.1.1. Chapter title  Applicability. This chapter shall be known as the Rhode Island State Building Code hereinafter referred to as this code. This chapter shall control:  (1) The construction, reconstruction, alteration, repair, demolition, removal, inspection, issuance, and revocation of permits or licenses, installation of equipment, classification and definition of any building or structure, and use or occupancy of all buildings and structure and parts thereof;  (2) The rehabilitation and maintenance of existing buildings;  (3) The standards or requirements for materials to be used in connection therewith, including, but not limited, for safety, ingress and egress, energy conservation, and sanitary conditions;  (4) The establishment of reasonable fees for the issuance of licenses and permits in connection therewith;  except as such matters are otherwise provided for in the general laws, or in the rules and regulations authorized for promulgation under the provisions of this code.  History of Section.P.L. 1981, ch. 236,  2. 
   23-27.3-100.1.2. Purpose. The general assembly hereby finds and declares that a state building code for Rhode Island is necessary to establish adequate and uniform regulations governing the construction and alteration of buildings and structures within the state. The general assembly further finds and declares that the people of Rhode Island will benefit by the adoption of a modern uniform building code which takes into account current scientific and engineering knowledge and allows for the utilization of modern materials and methods of construction for the regulation of construction within the state of Rhode Island in the interest of the public health, safety, and welfare.  History of Section.P.L. 1981, ch. 236,  2. 
   23-27.3-100.1.3. Creation of the state building code standards committee. (a) There is created as an agency of state government a state building code standards committee that shall adopt, promulgate, and administer a state building code for the purpose of regulating the design, construction, and use of buildings or structures previously erected, in accordance with a rehabilitation building and fire code for existing buildings and structures developed pursuant to chapter 29.1 of this title, and to make any amendments to them as they, from time to time, deem necessary or desirable, the building code to include any code, rule, or regulation incorporated in the code by reference.  (b) A standing subcommittee is made part of the state building code standards committee to promulgate and administer a state housing and property maintenance code for the purpose of establishing minimum requirements and standards and to regulate the occupancy and use of existing premises, structures, buildings, equipment, and facilities, and to make amendments to them as deemed necessary.  (c) A joint committee, with membership as set forth in  23-29.1-2(a) from the state building code standards committee, shall develop and recommend for adoption and promulgation, a rehabilitation building and fire code for existing buildings and structures, which code shall include building code elements to be administered by the state building code standards committee as the authority having jurisdiction over the elements.  (d) The state building code standards committee shall be housed within the state building office.  History of Section.P.L. 1981, ch. 236,  2; P.L. 1992, ch. 378,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1; P.L. 2018, ch. 47, art. 3,  3; P.L. 2019, ch. 88, art. 4,  4. 
   23-27.3-100.1.4. Appointment and qualifications of the committee. (a) The building code standards committee shall be composed of twenty-five (25) members, residents of the state who shall be appointed by the governor with the advice and consent of the senate. Eight (8) members are to be appointed for terms of one year each, seven (7) for a term of two (2) years each, and ten (10) for terms of three (3) years each. Annually, thereafter, the governor, with the advice and consent of the senate, shall appoint members to the committee to succeed those whose terms expired; the members to serve for terms of three (3) years each and until their successors are appointed and qualified. Two (2) members shall be architects registered in the state; three (3) shall be professional engineers registered in the state, one specializing in mechanical, one specializing in structural, and one specializing in electrical engineering; one landscape architect, registered in the state; one full-time certified electrical inspector; two (2) shall be builders or superintendents of building construction; one shall be a public health official; one shall be a qualified fire code official; two (2) shall be from the Rhode Island building trades council; two (2) shall be from the Rhode Island Builders Association; one shall be a holder of Class A electricians license; one shall be a master plumber; two (2) shall be from the general public; three (3) shall be building officials in office, one from a municipality with a population of sixty thousand (60,000) persons or more, one from a municipality with a population of over twenty thousand (20,000) persons but less than sixty thousand (60,000), and one from a municipality with a population of less than twenty thousand (20,000) persons; one shall be a minimum housing official in office from one of the local municipalities; and two (2) residents of the state who shall be persons with disabilities as defined in  42-87-1.  (b) All members shall have no less than five (5) years practical experience in their profession or business. The committee shall elect its own chairperson and may elect from among its members such other officers as it deems necessary. Thirteen (13) members of the board shall constitute a quorum and the vote of a majority vote of those present shall be required for action. The committee shall adopt rules and regulations for procedure. The state building commissioner shall serve as the executive secretary to the committee. The committee shall have the power, within the limits of appropriations provided therefor, to employ such assistance as may be necessary to conduct business.  (c) Members of the committee shall be removable by the governor pursuant to  36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.  (d) The state housing and property maintenance code subcommittee shall be composed of nine (9) members, residents of the state. Five (5) of these members are to be current members of the state building code standards committee and are to be appointed by that committee. The four (4) remaining members are to be appointed by the governor, with the advice and consent of the senate. The four (4) appointed by the governor, with the advice and consent of the senate, shall initially be appointed on a staggered term basis, one for one year, one for two (2) years, and two (2) for three (3) years. Annually thereafter, the building code standards committee, and the governor, with the advice and consent of the senate, shall appoint the subcommittee members, for which they are respectively responsible, to succeed those whose terms have expired; the members to serve for terms of three (3) years each and until their successors are appointed and qualified. Of the members appointed by the committee, one shall be a full-time certified electrical inspector; one shall be a master plumber and mechanical equipment expert; one shall be a builder or superintendent of building construction; one member shall be a qualified state fire code official; one shall be a property manager; and one shall be a current minimum housing official from a local municipality. The four (4) members to be appointed by the governor, with the advice and consent of the senate, shall all be current minimum housing officials from local municipalities. One shall be from a municipality with a population of sixty thousand (60,000) persons or more, two (2) from municipalities with a population of over twenty thousand (20,000) persons but less than sixty thousand (60,000), and one from a municipality with a population of less than twenty thousand (20,000) persons.  History of Section.P.L. 1981, ch. 236,  2; P.L. 1983, ch. 41,  1; P.L. 1987, ch. 178,  1; P.L. 1988, ch. 65,  1; P.L. 1992, ch. 377,  1; P.L. 1992, ch. 378,  1; P.L. 1997, ch. 150,  3; P.L. 1999, ch. 164,  1; P.L. 2001, ch. 180,  53; P.L. 2006, ch. 103,  3; P.L. 2006, ch. 144,  3; P.L. 2009, ch. 96,  2; P.L. 2009, ch. 97,  2; P.L. 2017, ch. 85,  1; P.L. 2017, ch. 89,  1; P.L. 2019, ch. 88, art. 4,  4. 
   23-27.3-100.1.5.1. Housing and maintenance code  Powers and duties of the building code standards committee. (a) The committee shall have the authority to adopt and promulgate a housing and maintenance code that shall be reasonably consistent with recognized and accepted standards and codes promoted by national model code organizations. The code shall be submitted to the legislature for adoption and amendments as required. Once adopted by the legislature, the law shall not be amended by the cities and towns. The committee shall have the singular authority to submit further amendments to the legislature as required. These new provisions shall replace, and/or amend the existing provisions of the Minimum Housing Standards, chapter 24.2 of title 45, and the Housing, Maintenance and Occupancy Code, chapter 24.3 of title 45. Once adopted by the legislature, the laws shall not be amended by the cities and towns without prior approval of the committee and subsequently the legislature. The state housing and property maintenance code subcommittee shall carry out its responsibilities to the building code standards committee by acting as an entity of the committee in administering the code; by recommending needed code amendments; by promulgating the code; and by serving as the board of standards and appeals for the code.  (b) The subcommittee shall also have a recording secretary who shall attend all meetings and direct the conduct of any investigation that may be necessary in the preparation of any hearing. The recording secretary shall be a member of the classified service on the staff of the state building office and shall be compensated as appropriate for the expertise required. The administration and appeals procedures pertaining to these laws shall remain in the prerogatives of the local municipalities and the legislature.  (c) Within ninety (90) days after the end of each fiscal year, the committee 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, applications 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 hearings, complaints, suspensions, or other legal matters related to the authority of the committee; 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 section.  (d) To 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 committee, be approved by the committee, and be conducted by the chair of the committee. The committee may approve the use of any committee 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 46 of title 42; 14 of title 36; and 2 of title 38; and the committees 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 46 of title 42; 14 of title 36; and 2 of title 38.  History of Section.P.L. 1987, ch. 178,  2; P.L. 1992, ch. 378,  1; P.L. 2006, ch. 103,  3; P.L. 2006, ch. 144,  3; P.L. 2012, ch. 415,  19; P.L. 2019, ch. 88, art. 4,  4. 
   23-27.3-100.1.5.2. Existing codes. All existing codes shall remain in effect until the date established by the legislative act which provides for the adoption of the code promulgated by the committee.  History of Section.P.L. 1987, ch. 178,  2. 
   23-27.3-100.1.5.3. State rehabilitation building and fire code for existing buildings and structures. The state building code standards committee has the authority to adopt, amend, and repeal the building code elements of the rehabilitation building and fire code for existing buildings and structures and to promulgate and administer the building code elements of the rehabilitation building and fire code for existing buildings and structures, which supercedes for existing buildings and structures other codes and regulations adopted by the building code standards committee, unless the provisions of other codes and regulations are not inconsistent with the provisions of the rehabilitation building and fire code for existing buildings and structures.  History of Section.P.L. 2000, ch. 185,  2; P.L. 2000, ch. 290,  2. 
   23-27.3-100.1.5.4. State energy conservation code. (a) The state building code standards committee shall adopt, an energy conservation code, which shall be based on appropriate nationally and internationally recognized models, and shall promulgate and administer the energy conservation code. The energy conservation code shall contain provisions pertaining to, but not limited to, the construction of buildings, the use of renewable energy resources in buildings, the efficient use of energy within buildings, and the orientation of buildings on their sites. The state energy conservation code shall at a minimum:  (1) For residential buildings, meet or exceed the most recently published International Energy Conservation Code (IECC), or achieve equivalent or greater energy savings. The state building code standards committee shall revise the state energy conservation code to comply with this requirement within one year of any update to the International Energy Conservation Code.  (2) For commercial buildings, meet or exceed the ANSI/ASHRAE/IESN A Standard 90.1-2007, or achieve equivalent or greater energy savings.  (b) The state building code standards committee shall develop a plan to achieve compliance with the building code(s) described in subdivisions (1) and (2) no later than February 17, 2017 in at least ninety percent (90%) of new and renovated residential and commercial building space in the state. Such plan shall include active training and enforcement programs and measurement of the rate of compliance each year.  History of Section.P.L. 2001, ch. 142,  1; P.L. 2009, ch. 10,  1; P.L. 2009, ch. 11,  1. 
   23-27.3-100.1.5.5. Hurricane, storm, and flood standards. The state building code standards committee has the authority, in consultation with the building code commissioner, to adopt, maintain, amend, and repeal code provisions, which shall be reasonably consistent with recognized and accepted standards and codes, including for existing buildings, for storm and flood resistance. The code provisions shall, to the extent reasonable and feasible, take into account climatic changes and potential climatic changes and sea level rise and inundation areas below dams classified by the department of environmental management as high hazard, significant hazard, or low hazard. Flood velocity zones may incorporate freeboard calculations adopted by the Coastal Resources Management Council pursuant to its power to formulate standards under the provisions of  46-23-6.  History of Section.P.L. 2007, ch. 169,  2; P.L. 2007, ch. 262,  2; P.L. 2022, ch. 358,  1, effective June 29, 2022; P.L. 2022, ch. 359,  1, effective June 29, 2022. 
   23-27.3-100.1.5. Building code  Adoption and promulgation by committee. The state building standards committee has the authority to adopt, promulgate, and administer a state building code, which shall include: (a) Provisions and amendments as necessary to resolve conflicts between fire safety codes and building codes, as provided for in  23-28.01-6; and (b) A rehabilitation building and fire code for existing buildings and structures. The building code may be promulgated in several sections, with a section applicable to one- and two-family (2) dwellings; to multiple dwellings and hotels and motels; to general building construction; to plumbing; and to electrical. The building code shall incorporate minimum standards for the location, design, construction, and installation of wells that are appurtenances to a building in applicable sections. For purposes of this chapter, appurtenance includes the installation, alteration, or repair of wells connected to a structure consistent with chapter 13.2 of title 46. The building code and the sections thereof shall be reasonably consistent with recognized and accepted standards adopted by national model code organizations and recognized authorities. To the extent that any state or local building codes, statutes, or ordinances are inconsistent with the Americans with Disabilities Act, Title III, Public Accommodations and Services Operated by Private Entities, 42 U.S.C.  12181 et seq., and its regulations and standards, they are hereby repealed. The state building code standards committee is hereby directed to adopt rules and regulations consistent with the Americans with Disabilities Act, Title II and III (28 C.F.R. 35 and 28 C.F.R. 36, as amended), as soon as possible, but no later than February 15, 2012, to take effect on or before March 15, 2012. The state building code standards committee is hereby authorized and directed to update those rules and regulations consistent with the future revisions of the Americans with Disabilities Act Accessibility Standards. All electrical work done in the state shall be in accordance with the latest edition of the National Electrical Code (NEC). The state building commission shall adopt the latest edition of the NEC, including any amendments to the NEC by the commission. The adoption of the NEC by the commission shall be completed so that it will take effect on the first day of July of the year the edition is dated.  History of Section.P.L. 1981, ch. 236,  2; P.L. 1991, ch. 48,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1; P.L. 2005, ch. 151,  1; P.L. 2005, ch. 155,  1; P.L. 2011, ch. 195,  1; P.L. 2011, ch. 272,  1; P.L. 2012, ch. 241, art. 17,  5; P.L. 2019, ch. 296,  1; P.L. 2019, ch. 297,  1. 
   23-27.3-100.1.6. Committee as board of standards and appeals  Powers and duties  Appeals. The building codes standards committee, after the state building code is adopted and promulgated, will serve as a board of standards and appeals. For the purpose of securing for the public the benefits of new developments in the building industry and insuring public health, the board shall make or cause to be made investigations, or may accept authenticated reports from recognized authoritative sources on new materials or modes of construction intended for use in the construction of buildings or structures, and shall promulgate regulations setting forth the conditions under which the materials or modes of construction may be used. The regulations and amendments thereto shall have the same force and effect as the provisions of the code.  History of Section.P.L. 1981, ch. 236,  2. 
   23-27.3-100.1.7. Effect of local codes  Repeal of local authority. The local building codes and ordinances shall remain in effect until the adoption of the state building code, July 1, 1977, and the local cities and towns shall be prohibited from enacting any local building codes and ordinances in the future. Inconsistent local charter provisions pertaining to the adoption of the codes and ordinances shall be restricted within the intent of this section.  History of Section.P.L. 1981, ch. 236,  2. 
   23-27.3-100.1.8. Severability. This chapter shall not be construed to limit or restrict the authority of the state or local fire marshals as provided in chapter 28.1 or 28.28 of this title.  History of Section.P.L. 1981, ch. 236,  2. 
   23-27.3-100.1. Short title  Applicability. This act shall be known as the Rhode Island state building code referred to throughout this chapter as this code, which includes a rehabilitation building and fire code for existing buildings and structures. In accordance with this chapter, this act controls:  (1) The construction, reconstruction, alteration, repair, demolition, removal, inspection, issuance, and revocation of permits or licenses, installation of equipment, classification, and definition of any building or structure, and use or occupancy of all buildings and structure and parts of them;  (2) The rehabilitation and maintenance of existing buildings;  (3) The standards or requirements for materials to be used in connection with buildings and structures, including but not limited for safety, ingress and egress, energy conservation, and sanitary conditions;  (4) The establishment of reasonable fees for the issuance of licenses and permits in connection with buildings and structures;  Except as those matters are otherwise provided for in the general laws or in the rules and regulations authorized for promulgation under the provisions of this code.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 164,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1. 
   23-27.3-100.2. Application of references. Unless otherwise specifically provided in this code, all references to article or section numbers shall be construed to refer to an article, section, or provision of this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-100.3. Construction. (a) This code shall be construed to secure its expressed intent which is to insure public health, safety, and welfare insofar as they are affected by building construction, through structural strength, adequate egress facilities, sanitary conditions, equipment, light and ventilation, and fire safety; and in general, to secure safety to life, property, and community from all hazards incidental to the design, erection, repair, removal, demolition, or use and occupancy of buildings, structures, or premises.  (b) The intent of this code is also to effect the establishment of uniform standards and requirements for construction and construction materials, compatible with accepted standards of engineering and fire prevention practices and public safety; the adoption of modern technical methods, devices, and improvements which may reduce the cost of construction without affecting the health, safety, and welfare of the occupants or users of buildings; and the elimination of restrictive, obsolete, conflicting, and unnecessary building regulations and requirements which may increase the cost of construction and maintenance over the life of the building, or retard unnecessarily the use of new materials, or which may provide unwarranted preferential treatment of types of classes of materials, products, or methods of construction without affecting the health, safety, and security of the occupants or users of the buildings.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-100.4. Specialized codes incorporated. Specialized codes, rules, or regulations pertaining to building construction, reconstruction, alteration, repair, or demolition promulgated, and as amended from time to time, by the various authorized state agencies shall be incorporated in this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-101.0. Matters covered. The provisions of this code shall apply to all buildings and structures and their appurtenant constructions, including vaults, area, and street projections and accessory additions, and shall apply with equal force to municipal and state authorities established by the legislature and private buildings and structures, except where the buildings and structures are otherwise specifically provided for by statute.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-101.1. Exemption for ordinary repairs. No building or structure shall be constructed, extended, repaired, removed, demolished, or altered in violation of these provisions, except for ordinary repairs as defined in  23-27.3-102.0.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-101.2.1. Proposed buildings. Any requirement essential for structural strength, adequate egress facilities, sanitary conditions, equipment, light and ventilation, and fire safety of a proposed building or structure at the plan review stage, and which is not specifically covered by this code, shall be determined by the state building code standards committee, herein referred to as the committee.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-101.2.2. Buildings and structures, existing and under construction. The building official as hereinafter defined shall determine any requirement which is not specifically covered by this code and which is essential for structural strength, adequate egress facilities, sanitary conditions, equipment, light and ventilation, and fire safety of existing buildings and structures or buildings and structures under construction. The committee shall be notified in writing within seven (7) working days of any action taken under this section.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-101.2. Matters not covered. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-101.3. Zoning restrictions. When the provisions in this code specified for structural strength, adequate egress facilities, sanitary conditions, equipment, light and ventilation, and fire safety conflict with the local zoning ordinances, this code shall control the erection or alteration of buildings. In respect to location, use and type, permissible area, and height, the local zoning ordinance shall control.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1997, ch. 326,  85. 
   23-27.3-102.0. Ordinary repairs. (a) Ordinary repairs to buildings and structures may be made without application or notice to the building official, but the repairs shall not include:  (1) The installation of any siding;  (2) The cutting away of any wall, partition or portion of the wall;  (3) The removal or cutting away of any structural beam or bearing support;  (4) The removal or change of any required means of egress;  (5) Rearrangement of parts of a structure affecting the exitway requirements;  (6) Alteration of, replacement or relocation of any standard pipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping;  (7) Electric wiring;  (8) Mechanical or other work which affects public health, safety or welfare.  (b) All work not classified as ordinary repair shall comply with the rules and regulations or ordinances of the municipality as to the procurement of a permit for these repairs.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 164,  1; P.L. 2012, ch. 415,  19. 
   23-27.3-103.0. Installation of service equipment. When the installation, extension, alteration, or repair of an elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilation apparatus, plumbing, gas piping, electric wiring, heating system, or any other equipment is specifically controlled by the provisions of the code or the approved rules and regulations, it shall be unlawful to use the equipment until a certificate of approval has been issued therefore by the building official or other municipal or state agency having jurisdiction.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-104.0. Maintenance. All buildings and structures and all parts of them shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices, and safeguards which are required by this code, or by the rehabilitation building and fire code for existing buildings and structures, in a building or structure shall be maintained in good working order. Any requirement necessary for the safety of the occupants of buildings and structures, not specifically covered by this code, shall be determined by the building official.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1. 
   23-27.3-104.1. Owner responsibility. The owner, as defined in article 2, or the owners designated agent, shall be responsible for the safe and sanitary maintenance of the building or structure and its exitway facilities at all times, unless otherwise specifically provided in this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-105.0. Change in existing use. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-105.1. Continuation of existing use. The legal use and occupancy of any structure existing on July 1, 1977, or for which it had been heretofore approved, may be continued without change, except as may be specifically covered in this code or as may be deemed necessary by the building official for the general health, safety, and welfare of the occupants and the public. This section shall in no way conflict with local zoning ordinances and local zoning classifications.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-105.2. Change in use and occupancy. It is unlawful to make any change in the use or occupancy of any structure or part of it which would subject it to any provision of this code, including the rehabilitation building and fire code for existing buildings and structures, without the approval of the building official and without the issuance of a certificate of occupancy indicating that the structure complies with the provisions of this code, or the rehabilitation building and fire code for existing buildings and structures as appropriate, for proposed new use or occupancy and that the change does not result in any greater hazard to public health, safety, and welfare.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1. 
   23-27.3-105.3. Part change in use. If a portion of a building is changed in occupancy or to a new use group, and that portion is separated from the remainder of the building with the required vertical and horizontal fire division complying with the fire grading as provided by this code, then the construction involved in the change shall be made to conform to the requirements of this code, or the requirements of the rehabilitation building and fire code for existing buildings and structures as applicable for the new use and occupancy, and the existing portion shall be made to comply with the exitway requirements of this code.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1; P.L. 1997, ch. 326,  87; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1. 
   23-27.3-105.4. Reestablishment of a prior use. After an approved change of use has been made to a building or parts thereof, the reestablishment of a prior use that is not permitted for a new building, or parts thereof of the same type of construction, is prohibited unless all the applicable provisions of this code have been met.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-106.0. Existing structures. (a)(1) Except as provided in this section, existing buildings or structures when altered, renovated, reconstructed or repaired or a change of use occurs as specified in this section shall be made to conform to the requirements of the rehabilitation building and fire code for existing buildings and structures. See chapters 2 through 34 of regulation SBC-1 for new buildings.  (2) Except as provided for in the rehabilitation building and fire code for existing buildings and structures, the alternative procedures of SBC-1, chapter 34, entitled Repair, Alteration, Addition to, and Change of Use of Existing Buildings, may be used in lieu of the provisions of this section for all existing buildings in which there is work involving repairs, alterations, additions, or changes of use and occupancy.  (b) Flood resistant construction for buildings or structures in flood hazard areas. In order to determine the percentage between the costs for alterations, renovations, reconstruction and repairs and the physical value of the building or structure, to establish whether a substantial improvement or a substantial damage occurs, the building official shall exclude the alteration, renovation, reconstruction and repair cost of the following item:  All nonpermit items such as painting, decorating, landscaping, fees, and the like. History of Section.P.L. 1976, ch. 256,  1; P.L. 1981, ch. 236,  3, 4; P.L. 1989, ch. 178,  1; P.L. 1992, ch. 379,  1; P.L. 1997, ch. 326,  85; P.L. 1999, ch. 164,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1; P.L. 2001, ch. 232,  1; P.L. 2012, ch. 415,  19. 
   23-27.3-106.1. Substantial improvements. If substantial improvements are made within any twelve (12) month period costing in excess of fifty percent (50%) of the physical value of the building, this codes requirements for flood resistant construction for new structures shall apply.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1; P.L. 2001, ch. 232,  1. 
   23-27.3-106.2. Substantial damages exceeding fifty percent. If the building is damaged by fire or any other cause to an extent in excess of fifty percent (50%) of the physical value of the building before the damage was incurred, this codes requirements for flood resistant construction for new structures shall apply.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1; P.L. 2001, ch. 232,  1. 
   23-27.3-106.3. Improvements and damages between twenty-five and fifty percent of value. If the cost of alterations or repairs described in this chapter is between twenty-five (25%) and fifty percent (50%) of the physical value of a structure, the building official shall determine to what degree the portions so altered or repaired shall be made to conform to the requirements of the rehabilitation building and fire code for existing buildings.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1; P.L. 2001, ch. 232,  1. 
   23-27.3-106.4. Improvements or damages under twenty-five percent of value. If the cost of alterations or repairs described in this chapter is twenty-five percent (25%) or less of the physical value of the building, the building official shall permit, consistent with the requirements of the rehabilitation building and fire code for existing buildings and structures, the restoration of the building to its condition previous to damage or deterioration with materials of equal quality as those of which the building was originally constructed; provided, however, that the construction does not endanger the general health, safety, and welfare.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1; P.L. 2001, ch. 232,  1. 
   23-27.3-106.5. Physical value. In applying the provisions of  23-27.3-106.0  23-27.3-106.5, physical value of the building or structure shall be based on the current market value. Market value shall be established by the owner who shall provide the market value of the building or structure prior to alteration, as established by an appraiser, estimator or real estate broker.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1981, ch. 236,  3, 4; P.L. 1999, ch. 164,  1; P.L. 2001, ch. 232,  1. 
   23-27.3-107.0. Department of building inspection. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-107.1.1. State and local inspector  Qualifications  Powers and duties. (a) The appropriate state or local authority may appoint one or more full-time or part-time inspectors to assist the building official in the performance of his or her duties and in the enforcement of this code.  (b)(1) Building Inspectors-1 shall have a minimum of three (3) years experience in residential construction and shall possess an International Code Council (ICC) certification as a Residential Building Inspector or any combination of education and experience that the building code standards committee deems to be substantially equivalent. The Building Inspector-1 shall complete the state certification program within one year of employment and shall enforce the provisions of the state residential code SBC-2.  Building Inspectors-2 shall have a minimum of three (3) years experience in both residential and commercial construction; and shall possess ICC certifications as a Residential Building Inspector and Commercial Building Inspector or any combination of education and experience that the building code standards committee deems to be substantially equivalent. The Building Inspector-2 shall complete the state certification program within one year of employment and shall enforce the provisions of both the state building code SBC-1 and the state residential code SBC-2.  (2) Electrical inspectors shall have a minimum of five (5) years experience and a Rhode Island Class A or Class B electricians license.  (3) Mechanical inspectors shall have a minimum of five (5) years experience and a valid Rhode Island master pipe fitters I or journeyperson contractors license.  (4) Plumbing inspectors shall have a minimum of five (5) years experience and a Rhode Island master or journeyperson plumbers license.  (5) Mechanical and plumbing inspectors who have been enforcing either code prior to January 1, 1986, may continue to do so.  (c) Inspectors listed in this section shall have the authority to affix their signature to permits that pertain to the work they inspect.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1; P.L. 1989, ch. 179,  1; P.L. 1989, ch. 190,  1; P.L. 2010, ch. 303,  1; P.L. 2019, ch. 223,  1; P.L. 2019, ch. 270,  1; P.L. 2020, ch. 79, art. 2,  14; P.L. 2022, ch. 105,  1, effective June 20, 2022; P.L. 2022, ch. 106,  1, effective June 20, 2022. 
   23-27.3-107.1. Local building official  Appointment. The appropriate local authority shall appoint an officer to administer the code. The officer shall be known as the building official. Two (2) or more communities may combine in the appointment of a building official for the purpose of enforcing the provisions of this chapter, including officials serving in such capacity on January 1, 1977, shall serve at the pleasure of the appointing authority, except that such incumbent officials shall not be required to meet the official provisions for local building officials set forth in this chapter.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1989, ch. 179,  1. 
   23-27.3-107.2. Alternate local building official. The appropriate local authority shall appoint an alternate building official to act on behalf of the building official during any period of disability caused by, but not limited to, illness, absence, or conflict of interest. The alternate building official shall meet the qualifications of  23-27.3-107.5. The appropriate local authority shall appoint an alternate local building official within ten (10) calendar days or request the state building offices services as allowed in  23-27.3-107.3. When the offices services are used due to the lack of a local building official, the salary and operating expenses of the commissioner, or his or her designee, shall be reimbursed to the state as allowed by  23-27.3-108.2(c).  History of Section.P.L. 1976, ch. 256,  1, P.L. 1989, ch. 179,  1; P.L. 2019, ch. 88, art. 4,  4. 
   23-27.3-107.3. Appointment of personnel by state building commissioner. (a) The state building commissioner may appoint such other personnel as shall be necessary for the administration of the code. In the absence of a local building official or an alternate, as detailed in  23-27.3-107.2, the commissioner shall assume the responsibility of the local building official and shall designate one of the following agents to enforce the code:  (1) A member of the commissioners staff who meets the qualifications of  23-27.3-107.5 and is certified in accordance with  23-27.3-107.6.  (2) An architect or engineer contracted by the commissioner through the department of business regulation.  (3) A building official who is selected from a list of previously certified officials or inspectors.  (b) The salary and operating expenses for services provided in accordance with subsection (a)(1), (2), or (3) shall be reimbursed to the state by the city or town receiving the services and shall be deposited as general revenues. The attorney general shall be informed of any failure of the appropriate local authority to appoint a local building official to enforce the code in accordance with  23-27.3-107.1 or  23-27.3-107.2.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1989, ch. 179,  1; P.L. 1995, ch. 370, art. 40,  74; P.L. 2018, ch. 47, art. 3,  3; P.L. 2022, ch. 105,  1, effective June 20, 2022; P.L. 2022, ch. 106,  1, effective June 20, 2022. 
   23-27.3-107.4. Qualifications and duties of the state building commissioner. (a) The state building commissioner shall serve as the executive secretary to the state building code standards committee. In addition to the state building commissioners other duties as set forth in this chapter, the state building commissioner shall assume the authority for the purpose of enforcing the provisions of the state building code in a municipality where there is no local building official.  (b) The state building commissioner shall be a member of the classified service, and for administrative purposes shall be assigned a position in the department of business regulation. Qualifications for the position of the state building commissioner shall be established in accordance with provisions of the classified service of the state, and shall include the provision that the qualifications include at least ten (10) years experience in building or building regulations generally, and that the commissioner be an architect or professional engineer licensed in the state or a certified building official presently or previously employed by a municipality and having at least ten (10) years experience in the building construction or inspection field.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1981, ch. 236,  3, 4; P.L. 1985, ch. 181, art. 61,  9; P.L. 2018, ch. 47, art. 3,  3. 
   23-27.3-107.5. Local building official  Qualifications  Powers and duties. The building official, to be eligible for appointment, shall have at least five (5) years experience in both residential and commercial construction, shall have been employed as a Building Inspector-2 for a minimum of one year, and shall possess an International Code Council (ICC) certification as a certified building official (CBO) or any combination of education and experience that the building code standards committee deems to be substantially equivalent. The building official shall possess a thorough knowledge of the principles and practices of residential and commercial building construction and the ability to review plans and supervise staff in the enforcement of the state building code. However, the qualifications outlined in this section shall not be required in the case of a building official holding a current state certification prior to July 1, 2010. The building official shall pass upon any question relative to the mode, manner of construction, or materials to be used in the erection or alteration of buildings or structures. The building official shall require compliance with the provisions of the state building code of all rules lawfully adopted and promulgated thereunder, and of laws relating to construction, alteration, repair, removal, demolition, and integral equipment, and location, use, occupancy, and maintenance of buildings and structures, except as may be otherwise provided for. The building official or his or her assistant shall have the right of entry to buildings or structures, for the proper performance of his or her duties during normal business hours, except that in the case of an emergency the building official shall have the right of entry at any time, if the entry is necessary in the interest of public safety.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1981, ch. 236,  3, 4; P.L. 1985, ch. 162,  1; P.L. 2010, ch. 303,  1; P.L. 2022, ch. 105,  1, effective June 20, 2022; P.L. 2022, ch. 106,  1, effective June 20, 2022. 
   23-27.3-107.6. Certification of local building officials  Educational programs. (a) The state building commissioner and building code standards committee and appeals committee shall accept successful completion of programs of training developed by public agencies as proof of qualification pursuant to  23-27.3-107.5 and 23-27.3-107.1.1 to be eligible to be a local building official and inspector.  (b) Upon determination of qualification the state building commissioner shall issue or cause to be issued a certificate to the building official or inspector stating that he or she is so certified. No person after July 1, 1977 shall act as a building official or inspector for any municipality unless the state building commissioner and the building code standards and appeals committee determine that he or she is so qualified, or has been issued a temporary certificate not to exceed twelve (12) months permitting the official or inspector to so qualify. The commissioner and committee may prepare and conduct educational programs designed to train and assist building officials or inspectors in carrying out their responsibilities.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1981, ch. 236,  3, 4; P.L. 1985, ch. 162,  1; P.L. 1989, ch. 179,  1. 
   23-27.3-107.7. Recertification and continuing education. (a) The committee shall offer a continuing educational program designed to assist all state and local building officials and inspectors in executing their responsibilities as defined in this chapter. Regular attendance at these programs shall be required of all building officials and inspectors, and no building official or inspector who attends a course of instruction shall lose any rights relative to compensation or vacation time.  (b) In order to provide for professional administration of the code and maintain the officials and inspectors level of competency, the committee shall develop regulations that will require the officials and inspectors to attend approved continuing education courses to retain their state certification. The committee shall develop the program within one year of July 3, 1989. The committee may make use of model code, regional or national education programs as a basis of the acceptable courses for credit in this program.  (c) [Deleted by P.L. 2022, ch. 105,  1 and P.L. 2022, ch. 106,  1.]  History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1; P.L. 1989, ch. 179,  1; P.L. 1997, ch. 326,  85; P.L. 2022, ch. 105,  1, effective June 20, 2022; P.L. 2022, ch. 106,  1, effective June 20, 2022. 
   23-27.3-107.8. Restriction on employees activities. Neither the building commissioner, nor any full-time building officials, or full-time local inspectors, as defined in this code, shall be engaged in, or directly or indirectly connected with, the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of any building or structure, or the preparation of plans or specifications therefor for the state, in the case of the building commissioner, or within the municipality in which he or she is respectively employed in the case of a building official or local inspector unless the individual is the owner of the building or structure; nor shall any officer or employee associated with the state building office or municipality engage in any work that conflicts with his or her official duties or with the interests of the department of business regulation.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1997, ch. 326,  85; P.L. 2019, ch. 88, art. 4,  4. 
   23-27.3-107.9. Relief from personal responsibility. The state building commissioner, the members and staff of the building code standards committee and the board of standards and appeals, the building official, officer, or employee charged with the enforcement, administration and/or review of this code, while acting for the state or a municipality, shall not thereby render himself or herself liable personally, and he or she is hereby relieved from all personal liability for any damages that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her official duties. Any suit instituted against any of these officers or employees because of an act performed by him or her in the lawful discharge of his or her duties and under the provisions of this code shall be defended by the legal representative of the state in the case of the members and staff of the building code standards committee and the board of standards and appeals, and the building commissioner or his or her agents or by the legal representative of the municipality, in the case of the building official, officer, or employee, until the final determination of the proceedings. In no case shall members and staff of the building code standards committee and the board of standards and appeals, the state building commissioner, building official, or any of their subordinates be liable for costs or damages in any action, suit, or proceeding that may be instituted pursuant to the provisions of this code and the members and staff of the building code standards committee and the board of standards and appeals, the state building commissioner, or his or her agents, or an officer of the state building office, acting in good faith and without malice and within the scope of their employment, is free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his or her official duties in connection with this code.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  2; P.L. 2019, ch. 88, art. 4,  4. 
   23-27.3-108.0. Duties and powers of the building official and the state building commissioner. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.1.1. Applications and permits. The building official shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction, to require adequate exitway facilities in new and existing buildings and structures, and to insure compliance with all the code requirements for the safety, health, and general welfare of the public. The state building commissioner shall assume the authority for the purpose of enforcing the provisions of this code when not otherwise provided for.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.1.3.1. Test results. Copies of the results of all the tests shall be forwarded to the committee after completion of the tests within ten (10) days, and shall be kept on file in the permanent records of the state building office.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2019, ch. 88, art. 4,  4. 
   23-27.3-108.1.3.2. Retesting. The committee may require tests to be repeated, if at any time there is reason to believe that the material or construction no longer conforms to the requirements on which its approval was based.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.1.3. New materials and methods of construction. The building official shall accept duly authenticated reports from the committee on all new materials and methods of construction proposed for use which are not specifically provided for in this code. Wherever there is insufficient evidence that any material or method of construction conforms to the requirements of this code, or there is insufficient evidence to substantiate claims for alternative materials or construction, the committee may require tests to determine whether the proposal meets the functional requirements of this code, and the tests shall be conducted by a laboratory, agency, and/or personnel approved by the committee. The costs of all the tests or other investigations required under these provisions shall be paid by the applicant.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.1.4. Inspections. The building official shall make all of the required inspections, or he or she may accept reports of inspections from a qualified registered professional engineer or architect or others certified by the committee and all reports of the inspections shall be in writing, or the building official may engage such experts as he or she may deem necessary to report upon unusual technical issues that may arise.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.1.5. Repealed. History of Section.P.L. 1976, ch. 256,  1; P.L. 1997, ch. 326,  85; Repealed by P.L. 1999, ch. 430,  1, effective July 3, 1999. 
   23-27.3-108.1.6. Administrative procedures. The building official shall have the authority to formulate administrative procedures necessary to uniformly administer and enforce this code; provided, that the procedures do not conflict with the rules and regulations promulgated by the committee or pursuant thereto.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.1.7. Department records. (a) The building official shall keep in a public place and open to public inspection during normal working hours official records of applications received, permits, and certificates issued, fees collected, reports of inspections, variances granted, and notices and orders issued. File copies of all papers, applications, inspection records, notice of violations, and local and state approval reports in connection with the issuance of permits shall be retained in the official records so long as the building or structure to which they relates remains in existence.  (b) Plans and specifications for all R-4, one and two family dwellings shall be retained for one year after the completion of construction.  (c) Plans and specifications for all other use groups shall be retained for five (5) years after the completion of construction.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1987, ch. 526,  1. 
   23-27.3-108.1.8. Reports. The building official shall submit the following reports: (1) To the state building commissioner, a copy of the building permits activity for each month.  (2) To the chief administrative officer of the municipality, a written statement of all permits and certificates issued, fees collected, inspections made, and notices and orders issued for each year.  (3) To the committee, reports on decisions regarding the matters not covered as specified in  23-27.3-101.2.2.  (4) To the assessors of the municipality, reports on permits issued as specified in  23-27.3-114.1.1.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  2. 
   23-27.3-108.1. Local building official  Enforcement duties. The building official shall enforce all the provisions of this code and any other applicable state statutes, rules, and regulations, or municipal ordinances and act on any question relative to the mode or manner of construction, and the materials to be used in the construction, reconstruction, alteration, repair, demolition, removal, installation of equipment, and the location, use, occupancy, and maintenance of all buildings and structures, including any building or structure owned by any authority, except as may otherwise be specifically provided for by statutory requirements or as provided in this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.2.0.1. Repealed. History of Section.P.L. 1985, ch. 162,  3; Repealed by P.L. 1999, ch. 430,  1, effective July 3, 1999. 
   23-27.3-108.2.1. Duties of committee. The committee may review any order or decision of the building official. It shall supervise the enforcement of this code, make periodic reviews of all building inspection practices of the local building department, make recommendations for improvements of the practices, and report in writing its findings to those building officials so reviewed.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.2.2. Compensation of committee members. The members of the committee shall not be compensated for their service on the board. History of Section.P.L. 1976, ch. 256,  1; P.L. 2005, ch. 117, art. 21,  21. 
   23-27.3-108.2.3. Emergency procedures. In the event of a declaration by the governor of an extreme emergency, the committee may issue special emergency directives, in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42, which may temporarily suspend or modify any requirement of the code. Any directives so issued will remain in effect until the general assembly acts thereon. The governor may revoke the directive at any time prior to the commencement of the next legislative session.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-108.2.4. Municipal advisory council on statewide permitting. (a) There is created and established a municipal advisory council on statewide permitting, hereinafter referred to as the council.  (b) The advisory council shall be composed of five (5) members appointed to the council by the governor. Each member of the council shall be an appointed or elected official of a Rhode Island city or town. The Rhode Island league of cities and towns may submit names for consideration for appointment. The governor shall select the chairperson. A member shall serve until his or her successor is appointed by the governor. Members shall receive no compensation for their services.  (c) The advisory council shall develop specific and comprehensive recommendations for a statewide process for electronic plan review, permit management, and inspection as required under subsections 23-27.3-108.2(c)(2), (3) and (e) and to encourage full participation in such a statewide process from every city and town in the state of Rhode Island. In addition, the council shall serve in an advisory capacity to the state building commissioner, state fire marshal and the office of regulatory reform within the department of administration.  (d) In furtherance of the purposes described in subsection (c), the council shall provide a report to the governor, the general assembly, and the building commissioner listing the number of cities and towns participating in the states efforts to improve e-permitting processes, the number of cities and towns not yet participating, and recommendations for increasing participation in the states efforts to improve e-permitting processes. The report shall be provided beginning July 1, 2013, and at every three (3) month interval thereafter until the establishment of a statewide process as required under subsections 23-27.3-108.2(c)(2), (3) and (e) is completed.  History of Section.P.L. 2013, ch. 496,  1; P.L. 2013, ch. 506,  1. 
   23-27.3-108.2. State building commissioners duties. (a) This code shall be enforced by the state building commissioner as to any structures or buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction of the state or any of its departments, commissions, agencies, or authorities established by an act of the general assembly, and as to any structures or buildings or parts thereof that are built upon any land owned by or under the jurisdiction of the state.  (b) Permit fees for the projects shall be established by the committee. The fees shall be deposited as general revenues.  (c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001) percent levy of the total construction cost for each permit issued. The levy shall be limited to a maximum of fifty dollars ($50.00) for each of the permits issued for one- and two-family (2) dwellings. This additional levy shall be transmitted monthly to the state building office at the department of business regulation, and shall be used to staff and support the purchase or lease and operation of a web-accessible service and/or system to be utilized by the state and municipalities for uniform, statewide electronic plan review, permit management, and inspection system and other programs described in this chapter. The fee levy shall be deposited as general revenues.  (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide process for electronic plan review, permit management, and inspection. The process shall include, but not be limited to: applications; submission of building plans and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow and report management.  (3) On or before December 1, 2013, the building commissioner, with the assistance of the office of regulatory reform, shall implement the standard statewide process for electronic plan review, permit management, and inspection. In addition, the building commissioner shall develop a technology and implementation plan for a standard web-accessible service or system to be utilized by the state and municipalities for uniform, statewide electronic plan review, permit management, and inspection. The plan shall include, but not be limited to: applications; submission of building plans and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow and report management.  (d) The building commissioner shall, upon request by any state contractor described in  37-2-38.1, review, and when all conditions for certification have been met, certify to the state controller that the payment conditions contained in  37-2-38.1 have been met.  (e) The building commissioner shall coordinate the development and implementation of this section with the state fire marshal to assist with the implementation of  23-28.2-6. On or before January 1, 2022, the building commissioner shall promulgate rules and regulations to implement the provisions of this section and  23-27.3-115.6.  (f) The building commissioner shall submit, in coordination with the state fire marshal, a report to the governor and general assembly on or before April 1, 2013, and each April 1 thereafter, providing the status of the web-accessible service and/or system implementation and any recommendations for process or system improvement. In every report submitted on or after April, 2024, the building commissioner shall provide the following information:  (1) The identity of every municipality in full compliance with the provisions  23-27.3-115.6 and the rules and regulations promulgated pursuant to the provisions of this section;  (2) The identity of every municipality failing to fully implement and comply with the provisions of  23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the provisions of this section, and the nature, extent, and basis or reason for the failure or noncompliance; and  (3) Recommendations to achieve compliance by all municipalities with the provisions of  23-27.3-115.6 and the rules and regulations promulgated pursuant to this section.  (g) The building commissioner shall assist with facilitating the goals and objectives set forth in  28-42-84(a)(9).  History of Section.P.L. 1981, ch. 236,  4; P.L. 1982, ch. 303,  1; P.L. 1983, ch. 41,  1; P.L. 1985, ch. 162,  1; P.L. 1986, ch. 138,  1; P.L. 1989, ch. 179,  1; P.L. 1991, ch. 48,  1; P.L. 1992, ch. 323,  2; P.L. 1992, ch. 377,  1; P.L. 1995, ch. 256,  1; P.L. 1995, ch. 325,  1; P.L. 1995, ch. 370, art. 40,  74; P.L. 1997, ch. 326,  85; P.L. 2012, ch. 241, art. 4,  19; P.L. 2018, ch. 47, art. 3,  3; P.L. 2019, ch. 88, art. 4,  4; P.L. 2021, ch. 302,  1, effective July 9, 2021; P.L. 2021, ch. 303,  1, effective July 9, 2021; P.L. 2022, ch. 280,  1, effective June 29, 2022; P.L. 2022, ch. 281,  1, effective June 29, 2022. 
   23-27.3-109.1.1. Committee  Licensing of laboratories and test personnel. The committee may issue rules and regulations for the licensing of individuals, laboratories, agencies, corporations, and firms responsible for the testing of materials, devices, and methods of construction, as provided in  23-27.3-129.1.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1987, ch. 526,  1. 
   23-27.3-109.1.2. Committee  Regulation of manufactured buildings. The committee shall issue rules and regulations governing manufactured buildings and building components.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-109.1.3.1. Inspection of manufactured homes manufacturers. The staff of the commissioner, upon showing proper credentials and in the discharge of their duties pursuant to this section, or the federal act, is authorized at reasonable hours and without advance notice to enter and inspect all factories, warehouses, or establishments in the state in which manufactured homes are manufactured.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1983, ch. 41,  1. 
   23-27.3-109.1.3.2. Penalties for violation as to manufactured homes. Whoever violates any provision of the federal act, including  610 (42 U.S.C.  5409),  23-27.3-109.1.3  23-27.3-109.3.4, or any federal or state regulation or final order issued thereunder shall be liable for a civil penalty in an amount set forth in the federal act, for each violation. Each violation of a provision of  23-27.3-109.1.3  23-27.3-109.3.4, the federal act, or any regulation or order issued thereunder shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed one million dollars ($1,000,000) for any related series of violations occurring within one year from the date of the first violation. Any individual, or a director, officer, or agent of a corporation who knowingly and willfully violates  23-27.3-109.1.3  23-27.3-109.3.4 or any section of the federal act in a manner that threatens the health or safety of any purchaser shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1983, ch. 41,  1; P.L. 2022, ch. 105,  1, effective June 20, 2022; P.L. 2022, ch. 106,  1, effective June 20, 2022. 
   23-27.3-109.1.3.3. Monitoring inspection fee. (a) The commissioner may establish a monitoring inspection fee in an amount established by the secretary of housing and urban development (HUD). This monitoring inspection fee shall be an amount paid by each manufactured home manufacturer in that state.  (b) The monitoring inspection fee shall be paid by the manufacturer to the secretary of HUD or the secretarys agent who shall distribute the fees collected from all manufactured home manufacturers among the approved and conditionally-approved states based on the number of new manufactured homes whose homes first location after leaving the manufacturing plant is on the premises of a distributor, dealer, or purchaser in that state, and the extent of participation of the state in the joint monitoring team program established under the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C.  5401 et seq.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1983, ch. 41,  1. 
   23-27.3-109.1.3.4. Reports of manufactured home manufacturers, distributors, and dealers. Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain such records, make such reports, and provide such information as the commissioner or the secretary of housing and urban development (HUD) may reasonably require to be able to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this section or the federal act and shall, upon request of a person duly designated by the commissioner or the secretary of HUD, permit the person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this section or the Federal Act.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1983, ch. 41,  1. 
   23-27.3-109.1.3.5. Temporary greenhouse defined. A temporary greenhouse means specialized agricultural equipment having a framework covered with demountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuous foundation, which is specifically designed, constructed and used for the culture and propagation of horticultural commodities. A temporary greenhouse may include, but is not limited to, the use of heating devices, water and electrical utilities, and supporting poles embedded in non-continuous concrete. A temporary greenhouse by this definition is a temporary structure. A temporary greenhouse shall be exempt from property taxes.  History of Section.P.L. 1993, ch. 322,  1. 
   23-27.3-109.1.3. Adoption of federal standards for manufactured homes. The provisions of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C.  5401 et seq., (hereinafter referred to as the federal act), title 6 of the Housing and Community Development Act of 1974, as amended by the Housing and Community Development Acts of 1977 and 1980, and their implementing regulations shall be and is hereby adopted as the state code for the design and construction of all manufactured homes manufactured on or after June 15, 1976.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1983, ch. 41,  1. 
   23-27.3-109.1.4. Repealed. History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1; P.L. 1997, ch. 150,  3; Repealed by P.L. 1999, ch. 430,  1, effective July 3, 1999. 
   23-27.3-109.1. Committees rule making authority  Legislative report  Legislative committee. (a) The committee is empowered to adopt codes and standards, subject to approval pursuant to subsection (c), which shall, in general, conform with nationally reorganized model building codes, model 1 and 2 family dwelling codes, model plumbing codes, model mechanical codes, model electrical codes, model energy codes, model property maintenance codes, accessibility for persons with disabilities standards, and other such technical provisions of codes and standards developed to ensure the general publics health, safety, and welfare.  (b) Annually the committee shall submit a report to the general assembly on the codes and standards so adopted and shall provide the following information:  (1) Proposed amendments to the model codes and standards and supporting statement therefor.  (2)(i) A summary of testimony received at public hearings held by the committee, on adoption of the codes and standards.  (ii) The committee, subject to approval pursuant to subsection (c), shall adopt the codes and standards in accordance with the Administrative Procedures Act, chapter 35 of title 42.  (iii) The provisions of the state building code, so adopted, subject to approval pursuant to subsection (c), shall have the force and effect of law upon review and approval of the legislative regulation committee.  (c)(1) There shall be established a legislative regulation committee that shall review, approve, or reject, in total or in part, the state building code regulations proposed by the building code standards committee prior to their being filed with the secretary of state.  (2) The legislative regulation committee shall be comprised of four (4) members of the house of representatives, not more than three (3) from one political party, appointed by the speaker of the house of representatives; and three (3) members of the senate, not more than two (2) from one political party, appointed by the president of the senate.  (3) The committee shall elect from among its members a chairperson and vice chairperson.  (4) Regulations submitted to the committee shall be acted upon within sixty (60) days from the date the regulations are submitted to them by the executive secretary of the building code standards committee.  (5) A majority vote of the committees members present shall decide all votes. A quorum shall consist of a simple majority.  (6) Members shall retain membership on the committee until replaced by the respective appointing authority or until they are not members of the house from which they were appointed.  (7) The state building commissioner and staff shall assist the committee in its administrative duties and in scheduling meetings. The commissioner shall inform the committee of all proposed regulations prior to submission.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1981, ch. 232,  2, 3. P.L. 2001, ch. 180,  53; P.L. 2010, ch. 162,  1; P.L. 2010, ch. 188,  1. 
   23-27.3-109.2. Accepted engineering practice. In the absence of provisions not specifically contained in this code or approved rules, the regulations, specifications, and standards listed in the Appendices of the state building code are deemed to represent engineering practice in respect to the material, equipment, system, or method of construction specified in the Appendices.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  2. 
   23-27.3-109.3. Proposing amendments to rules and regulations. Any person may propose amendments of the regulations to this code at any time by using the proper forms. Public hearings shall be held or at times and places that the committee may determine to consider petitions for the amendments. Amendments to the regulations adopted by the committee, subject to approval pursuant to  23-27.3-109.1, shall be binding upon all cities and towns.  History of Section.P.L. 1981, ch. 232,  3; P.L. 1999, ch. 430,  2. 
   23-27.3-110.0. Modifications and variances. When there are practical difficulties involved in carrying out the provisions of this code, the state board of appeals or the local board of appeals may allow a variance or a modification from such provisions as applied for by the owner as provided in  23-27.3-127.0; provided, that the decision of the board shall not conflict with the general objectives of this code and its enabling legislation and; provided further, that no decision shall be considered by any person or agency as a precedent for future decisions.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-111.0. New and altered building and structure  Inspections. History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-111.1. Preliminary inspection. Before issuing a permit, the building official may examine or cause to be examined all buildings, structures, and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish, or change the use thereof.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-111.2. Inspection. (a) The building official shall make all required inspections as specified in the provisions of this code and the building official shall conduct the inspections from time to time during and upon completion of the work for which the building official has issued a permit; and the building official shall maintain a record of all the examinations and inspections and of all violations of this code. In conjunction with specific construction projects, the building official may designate specific inspection points in the course of construction which require the contractor or builder to give the building official twenty-four (24) hours notice prior to the time when the inspections are required to be performed. The building official shall make the inspection within forty-eight (48) hours after the notification; weekend days and holidays are not included in the forty-eight (48) hours.  (b) If the building official fails to perform an inspection within the time frame set forth in this section, the contractor or builder may hire a qualified third-party inspector or the state inspector. The building official shall accept reports of such inspections. For the purposes of this section, a qualified third-party inspector shall mean an individual certified in accordance with the provisions of  23-27.3-107.6 or any professional authorized by the provisions of  23-27.3-108.1.4. In order to hire a qualified third-party inspector or the state inspector, the contractor or builder shall notify the building official via email of the intent to hire a qualified third-party inspector or the state inspector to perform the inspection at least twenty-four (24) hours prior to the hire. If the state inspector performs the inspection, the salary and operating expenses for services provided shall be reimbursed to the state by the city or town receiving the services and shall be deposited as general revenues.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2019, ch. 76,  1; P.L. 2019, ch. 81,  1. 
   23-27.3-111.3.1. Plant inspection. Inspection of all manufactured buildings, building components, and manufactured homes at the place of manufacture shall be performed by a third party who shall be certified and approved by the committee and monitored by the commission as specified in the rules and regulations pursuant thereto. Fees collected from the manufacturers and third party firms for the approval of the manufactured buildings, building components, and manufactured homes shall be deposited as general revenues.  History of Section.P.L. 1981, ch. 236,  4; P.L. 1985, ch. 162,  1; P.L. 1995, ch. 370, art. 40,  74. 
   23-27.3-111.3.2. Installation site inspection. Inspection of all manufactured buildings, building components, and mobile homes at the installation site shall be made by the building official as specified in the rules and regulations pursuant thereto.  History of Section.P.L. 1981, ch. 236,  4. 
   23-27.3-111.3. Manufacturing buildings. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-111.4.1. Periodic inspections. The building official may develop plans for the systematic periodic inspection of all existing buildings and structures within his or her jurisdiction, and may cause the buildings and structures to be periodically or otherwise inspected, as specified in  23-27.3-121.4, for compliance with this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-111.4.2. Repealed. History of Section.P.L. 1976, ch. 256,  1; Repealed by P.L. 1987, ch. 526,  2, effective July 1, 1987. 
   23-27.3-111.4. Existing buildings. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-111.5. Final inspection. The owner or his or her authorized representative shall notify the building official upon the completion of a building or structure or part thereof. Prior to the issuance of the certificate of use and occupancy required in  23-27.3-120.0, a final inspection shall be made and all violations of the approved plans and permit shall be noted and the holder of the permit shall be notified of the violations. No certificate of use and occupancy shall be issued prior to full compliance with this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-111.6. Inspection services. The building official may accept the written report of inspections from a professional engineer or registered architect licensed by the state; and the inspection shall designate all violations of the requirements of this code.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1987, ch. 526,  1. 
   23-27.3-111.7. Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law ordinance or code not within the inspectors authority to enforce, the inspector shall report the findings to the code official having jurisdiction.  History of Section.P.L. 1992, ch. 377,  2. 
   23-27.3-112.0. Right of entry. The building official or his or her assistant shall have the right of entry to the buildings or structures for the proper performance of his or her duties during normal business hours, except that in the case of an emergency the building official shall have the right of entry at any time, if the entry is necessary in the interest of public health, safety, and welfare. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the structure, operation, or premise where inspection authorized by this code is sought, the building official or state building commissioner when assuming the duties of a building official may:  (1) Seek from any judge of the district court a search warrant in accordance with chapter 5 of title 12.  (2) Revoke or suspend any license, permit, or other permission regulated under this code where inspection of the structures, operation, or premises is sought to determine compliance with this code.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1. 
   23-27.3-112.1. Official identification card. The committee may adopt an identification card and/or badge of office for building officials and their assistants which shall be displayed for the purpose of identification.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-112.2. Municipal cooperation. The assistance and cooperation of police, fire, and health departments and all other municipal officials shall be available to the building official as required in the performance of his or her duties.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-113.0. Application for permit. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-113.1.1. Issuance of permits for siding. A building official shall issue a permit for the installation of siding only in conjunction with a notice that it is illegal to remove or reattach an electrical meter without an electricians license and that removal or reattachment of an electrical meter without an electricians license is a crime, which upon conviction shall be punishable in accordance with the provisions of  5-6-28.  History of Section.P.L. 2001, ch. 366,  2. 
   23-27.3-113.1. When permit is required. It shall be unlawful to construct, enlarge, alter, remove, or demolish a building, or change the occupancy of a building from one use group as defined in this code to another; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code, without first filing an application with the building official in writing and obtaining the required permit therefor; except that ordinary repairs as defined in  23-27.3-102.0 which do not involve any violation of this code shall be exempt from this provision.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-113.2. Form of application. The application for a permit shall be submitted in such form as the building official may prescribe and shall be accomplished by the required fee as prescribed in  23-27.3-118.0.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-113.3.1. Applications for work requiring licensed workers. (a) Prior to the approval of a permit for which a state law requires licensed persons to be responsible for the plumbing, mechanical, electrical, and fire alarm work, the licensed person(s) shall show the building official a recognized form of identification from the state licensing boards and sign the permit. The local official may verify the work is being done properly in the following manner:  (1) The local official may at any time request the workers on the project to show proof of his or her license to perform the work, or  (2) If the worker is not a licensed person, then the local official may take whatever remedial actions allowed by the code pertaining to the improper work found in violation. The workers found to be doing work without a valid Rhode Island license shall be reported to the appropriate licensing board for sanctions and penalties.  (b) The owner/occupant of a single family dwelling shall be exempt from the requirements of subsection (a), but must obtain a permit, be inspected by the local official in accordance with the provisions of the code, and obtain approval of the work prior to use of the completed alteration. Additionally, in order to be exempt from the licensing requirements of subsection (a), the owner/occupant must undertake the work required to be licensed without the assistance of others.  History of Section.P.L. 1989, ch. 176,  1. 
   23-27.3-113.3.2. Applications for work requiring registered workers. (a) Prior to the approval of a permit issued to any contractor for work which state law requires that said contractor be registered, the registered contractor shall show the building official a recognized form of identification from the contractors registration board and sign the permit. The local official may verify the work is being done properly in the following manner:  If the worker is not a registered person, then the local official may take whatever remedial actions allowed by the code pertaining to the improper work found in violation. The workers found to be doing work without a valid Rhode Island registration shall be reported to the appropriate registration board for sanctions and penalties.  (b) The owner/occupant of single family dwelling shall be exempt from the registration requirements of subsection (a), but must obtain a permit, be inspected by the local official in accordance with the provisions of the code, and obtain approval of the work prior to use of the completed alteration. Additionally, in order to be exempt from the registration requirements of subsection (a), the owner/occupant must undertake the work required to be licensed without the assistance of others who are compensated.  History of Section.P.L. 2006, ch. 648,  3. 
   23-27.3-113.3. By whom application is made. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit by the owner or the qualified person making the application that the proposed work is authorized for the purposes of making the application. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-113.4. Description of work. The application shall contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building; and shall state whether fire extinguishing equipment, plumbing, water piping, gasfitting, heating, or electrical work is involved, the estimated cost of the work including the general work, and such additional information as may be required; the facts contained in each application are to be certified by the applicant under oath.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-113.5.1. Repealed. History of Section.P.L. 1976, ch. 256,  1; Repealed by P.L. 1985, ch. 162,  2, effective June 13, 1985. 
   23-27.3-113.5. Plans and specifications. The application for the permit shall be accompanied by not less than three (3) copies of specifications and plans drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed. The plans and specifications shall have prior approval in accordance with the Fire Safety Code, chapters 28.1  28.39 of this title. When quality of materials is essential for conformity to this code, specific information shall be given to establish such quality; and in no case shall the code be cited or term legal or its equivalent be used as a substitute for specific information. The building official may waive the requirement for filing plans when the work involved is of a minor nature.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1992, ch. 377,  1. 
   23-27.3-113.6.1. Approval of an individual sewage disposal system. No person shall install, construct, alter, or repair or cause to be installed, constructed, altered, or repaired any individual sewage disposal system, nor shall he or she begin construction of any improvement to his or her property from which sewage will have to be disposed of by means of an individual sewage disposal system, including additions which will result in increased sewage flow, until he or she has obtained the written approval of the director of the department of environmental management of the plans and specifications for the work. Repairs or alterations shall, insofar as possible, comply in every respect with the standards set forth in subject regulations. A municipality may only grant a building permit pursuant to the State Building Code where the person applying for the building permit presents to the municipality the written approval of the director as required by departmental regulations on the individual sewage disposal systems. Upon completion of the installation, construction, alteration, or repair of the individual sewage disposal system, the owner shall submit a copy of the certificate of conformance from the department of environmental management to the building official prior to the issuance of a certificate of use and occupancy as required by  23-27.3-120.0  23-27.3-120.6.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1989, ch. 176,  2. 
   23-27.3-113.6. Plot plan. There shall also be filed a plot plan showing to scale the size and location of all the new construction and all existing structures on the site, distances from lot lines, and the established street grades; and the plan shall be drawn in accordance with an accurate boundary line survey, and, when necessary, by a registered land surveyor if required by the building official. If demolition is to be performed, the plot plan shall show all construction to be demolished, and the location and size of all existing buildings and construction that are to remain on the site or plot. The plot plan shall not be changed except as specified in  23-27.3-115.4.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-113.7. Engineering details. The building official may require adequate details of structural, mechanical, and electrical work including computations, stress diagrams, and other essential technical data to be filed. All engineering plans and computations shall bear data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design. Plans for buildings more than two (2) stories in height shall indicate how required structural and if fire-resistance rating integrity will be maintained, and where a penetration will be made for electrical, mechanical, plumbing, and communication conduits, pipes, and systems.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-113.8. Amendments to application. Subject to the limitations of  23-27.3-113.9, no amendments or revisions to a plan or other records accompanying the plan may be made until the proposed changes have been filed with and approved by the building official and fire official; and the approved amendments shall be filed therewith.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1992, ch. 377,  1. 
   23-27.3-113.9. Time limitation on application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless the application has been diligently prosecuted or a permit shall have been issued; except that for reasonable cause, the building official may grant one or more extensions for additional periods of time not exceeding ninety (90) days each.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.0. Permits. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.1.1. Reports to assessors. The building official shall give to the tax assessors of the municipality written notice of the granting of permits for the construction of any buildings, or for the removal or demolition or for any substantial alteration thereto. The notice shall be given within thirty (30) days after the granting of each permit and shall state the name of the person to whom the permit was granted and the location of the building to be constructed, altered, demolished, or removed.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.1. Action on application. (a) The building official shall examine or cause to be examined all applications for permits and amendments thereto within fifteen (15) days after filing. Before a permit is granted for the excavation or for the erection of any building or structure, a written statement shall be furnished by the owner from a town or city engineer as to the established grades. If the application or plans do not conform to the requirements of this code or of all applicable laws, the building official shall reject the application citing the specific sections of this code or applicable law upon which the rejection is based. If the building official is satisfied that the proposed work conforms to the requirements of this code and all laws applicable thereto, he or she shall issue a permit.  (b) In cases where the permit application is for the construction of a new residential dwelling occupied by one, two (2), and/or three (3) families, the building official shall reject the application or issue the permit within forty-five (45) calendar days after the filing of the application. If after forty-five (45) calendar days the application has not been either rejected or a permit issued, the permit fee shall be reduced by fifty percent (50%). The review period shall begin on the date when the application is filed with the building official and shall include any actions on the application required by subsection (a) herein, subsection 23-28.1-2(b)(2) and 23-28.1-6 and actions by any other departments with authority over the issuance of the permit.  (c) In cases where the permit application is for the rehabilitation of an existing residential dwelling occupied by one, two (2), and/or three (3) families and affecting not more than fifty percent (50%) of the square footage of the original dwelling, the building official shall reject the application or issue the permit within fifteen (15) calendar days after the filing of the application. If after fifteen (15) calendar days the application has not been either rejected or a permit issued, the permit fee shall be reduced by fifty percent (50%). The provisions of this subsection shall apply to actions by other departments with authority over the issuance of the permit except in cases where the permit application requires plan review under  23-28.1-2(b)(2) and 23-28.1-6.  (d) In cases where the permit application is for the rehabilitation of an existing residential dwelling occupied by one, two (2), and/or three (3) families and affecting more than fifty percent (50%) of the square footage of the original dwelling, the building official shall reject the application or issue the permit within forty-five (45) calendar days after the filing of the application. If, after forty-five (45) calendar days, the application has not been either rejected or a permit issued, the permit fee shall be reduced by fifty percent (50%). The provisions of this subsection shall apply to actions by other departments with authority over the issuance of the permit except in cases where the permit application requires plan review under sections 23-28.1-2(b)(2) and 23-28.1-6.  (e) In cases where the permit application is for the construction of a new or existing light commercial building affecting not more than fifty thousand square feet (50,000 sq ft), the building official shall reject the application or issue the permit within forty-five (45) calendar days after the filing of the application. If, after forty-five (45) calendar days, the application has not been either rejected or a permit issued, the permit fee shall be reduced by fifty percent (50%). The provisions of this subsection shall apply to actions by other departments with authority over the issuance of the permit except in cases where the permit application requires plan review under sections 23-28.1-2(b)(2) and 23-28.1-6.  (f) If an application requires access by driveway to a state highway or state highway right of way, or the placement or alteration of curbs, or the connecting to, pumping or draining water to, the state highway drainage system, or making any alteration to the state highway system, a physical alteration permit shall first be obtained from the director of the department of transportation pursuant to rules and regulations promulgated under  24-8-9, 24-8-33 and 24-8-34. The issuance of a physical alteration permit shall be a requirement for issuance of a building permit; however, the lack of a physical alteration permit shall not be cause for a building official to delay examination of the building permit application. The director of the department of transportation shall respond within thirty (30) business days; provided, however, the director of the department of transportation may extend the timeline for unusual circumstances or for complex projects.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1992, ch. 401,  1; P.L. 2007, ch. 159,  1; P.L. 2007, ch. 275,  1; P.L. 2008, ch. 301,  1; P.L. 2008, ch. 425,  1; P.L. 2008, ch. 475,  71; P.L. 2011, ch. 174,  1; P.L. 2011, ch. 323,  1; P.L. 2012, ch. 220,  1; P.L. 2012, ch. 229,  1. 
   23-27.3-114.2. Expiration of permit. Any permit issued shall become invalid unless the work authorized by it shall have been commenced within six (6) months after its issuance, or if the work authorized by the permit is suspended or abandoned, for a period of six (6) months after the time the work is commenced; provided, that, for cause, an extension of time for a period not exceeding ninety (90) days has not been granted. All extensions must be in writing and signed by the building official. For purposes of this section, any permit issued shall not be considered invalid if the suspension or abandonment is due to a court order prohibiting the work as authorized by the permit.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.3.1. Drawings and specifications. Within three (3) months after the adoption of any amendment to this code, the owner or the owners agent shall notify the building official that the drawings and specifications for a project are based upon the provisions of the code in effect prior to the latest amendment. The building official may require submission of the drawings and specifications, although incomplete. The owner shall then be allowed to obtain a permit when the drawings and specifications are completed, based upon the prior code provisions.  History of Section.P.L. 1985, ch. 162,  3. 
   23-27.3-114.3. Previous approvals. Nothing in this code or the rules and regulations pursuant thereto shall affect any building permit lawfully issued, or construction on any building or structure lawfully begun in conformance with the permit, before July 1, 1977, in any city or town. Provided, that work under the permit is commenced within six (6) months after its issuance, and that the work, whether under the permit or otherwise lawfully begun, proceeds in good faith continuously to completion so far as is reasonably practicable under the circumstances.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.4. Building official to sign permit. The building official shall affix his or her signature to every permit. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.5. Approved plans. The building official or state building commissioner shall stamp and endorse in writing the plans submitted in accordance with  23-27.3-113.5; one set of the stamped and endorsed plans shall be retained and shall not leave from the department except in the sole discretion of the building officials for the purposes of examination by another municipal or state department; one set of plans shall be kept at the building site, open to inspection of the building official, state building commissioner, or their authorized representative, at all reasonable times; one set shall be retained by the owner, architect, or engineer.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.6. Revocation of permits. The building official may revoke any permit or approval issued under the provisions of this code in the event that the granting of the permit or approval was based upon statements which prove to be false or based on misrepresentations of fact. Any aggrieved party shall have the right to appeal any revocations by any building official, and the appeal shall be made within fifteen (15) days of the decision to the local board of appeals as set forth in  23-27.3-127.2.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.7. Approval in part. When an application and all documents necessary for the issuance of a permit to erect or add to a building or other structure have been filed, as required in  23-27.3-113.5, and prior to the issuance of the permit, the building official shall issue a special permit for the erection of the foundation of a building or structure upon the request of the owner, provided satisfactory documentation is provided the building official for that work. The holder of the special permit may proceed at his or her own risk without assurance that a permit for the entire structure will be granted.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-114.8. Posting of permit. A copy of the building permit shall be kept in view and protected from the weather at the site of operations, and shall be open to public inspection during the entire time of prosecution of the work and until such time as the certificate of occupancy shall have been issued. The building permit shall serve as an inspection record card to allow the building official to make entries thereon regarding inspection of the work.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-114.9. Notice of building start. At least twenty-four (24) hours notice prior to the start of work under a building permit shall be given to the building official.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-115.0. Conditions of permit. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-115.1. Compliance with code. The permit shall be a license to proceed with the work and shall not be constructed as authority to violate, cancel, or set aside any provisions of this code, except as specifically stipulated by modification or legally granted variation in accordance with  23-27.3-127.1  23-27.3-127.2.6.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1987, ch. 526,  1. 
   23-27.3-115.2. Compliance with permit. All work shall conform to the stamped or endorsed application and plans for which the permit has been issued and any approved amendments thereto.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-115.3. Compliance with plot plan. All new work shall be located strictly in accordance with the approved plot plan. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-115.4. Change in plot plan. No lot or plot shall be changed, increased, or diminished in area from that shown on the official plot plan, as specified in  23-27.3-113.6, unless a revised plan, not inconsistent with zoning or other municipal ordinances, indicating the changes accompanied by the necessary affidavit of owner or applicant shall have been filed and approved; except that the revised plot plan will not be required if the change is caused by reason of an official street opening, street widening, or other public improvement.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-115.5. Dismissal of contractor or subcontractor. Should an owner dismiss either a contractor or subcontractor for any reason: (1) Upon hiring a new contractor or subcontractor, the owner shall, at no additional fee, file an application for an amended permit which shall include the names, addresses and any licenses or registrations required of the new contractor or subcontractor; as well as any changes needed to complete the work in accordance with the approved plans and specifications or to remedy any outstanding code violations; and  (2) Upon receipt of an application for an amended permit the building officials shall conduct an inspection to determine the extent of the work done to date and whether any corrective work is necessary to complete the project in accordance with the approved plans and specifications or to remedy any code violations.  History of Section.P.L. 1992, ch. 376,  1. 
   23-27.3-115.6. Electronic construction permitting.  (a) Every municipality in the state, on or before July 1, 2023, shall adopt and implement electronic construction permitting. For purposes of this section, electronic construction permitting means use of computer-based tools and services that automate and streamline the building permit process to include, but not limited to, task-specific tools for: applications; submission of building plans and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation and collection; and workflow and report management.  (b) The state building commissioner pursuant to the provisions of  23-27.3-108.2 shall promulgate rules and regulations to implement the provisions of this section.  (c) On or before July 1, 2023, pursuant to rules and regulations promulgated by the state building commissioner, notwithstanding any other provision of this chapter to the contrary, all acts, requirements, filings, and documents necessary to comply with the building permit process shall be conducted by means of electronic construction permitting. Provided, however, a municipality may elect to delay implementation of the requirements of this section for a period of one year by giving written notice to the state building commissioner prior to July 1, 2023. Any municipality electing to delay implementation shall comply with the provisions of this section on or before July 1, 2024.  History of Section.P.L. 2021, ch. 302,  2, effective July 9, 2021; P.L. 2021, ch. 303,  2, effective July 9, 2021. 
   23-27.3-116.0. Moving, raising, shoring, or demolition of buildings. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.1. Service connections. Before a building may be demolished, razed, shored, or removed, the owner or the owners agent shall notify all utilities or agencies having service connections within the building, including, but not limited to, water, electric, gas, sewer, and other connections. A permit to demolish or remove a building shall not be issued until a written release is obtained from all utilities or agencies, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.2. Buildings to be rodent-eradicated prior to demolition. No buildings or structures shall hereafter be razed or demolished unless, and until, provisions are made for the rodent eradication of the buildings or structures.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.3. Description and inspection of buildings  Travel route. The application for the permit, as delineated in  23-27.3-116.1, shall comply with all the applicable requirements of  23-27.3-113.0, 23-27.3-114.0, and 23-27.3-115.0, and shall clearly state the length, width, and height of the building and shall include the type of material comprising the exterior walls and roofs, and if moved, the route by which it is to be so moved, and the time required for moving the building. The building official shall thereupon examine the building, and if the building official finds there is no danger to adjoining property or that the public will not be endangered or unduly inconvenienced if the building is to be transported on or across a public street or highway, the building official shall issue a permit for its removal subject to the prior written approval of other appropriate municipal officials such as the traffic engineer, the director of public works, and the chief of the fire department.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.4. Agreement condition to moving. No building shall be moved from one location to another and no permits shall be issued for its removal until the owner or owners of the buildings shall sign an agreement to make the building conform to the requirements of this code for new buildings in its new location.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.5. Public utilities, wires, poles, trees, and shrubs. During the course of moving, demolishing, or shoring, of any building or structure no electrical light, trolley, telephone, or telegraph wires or poles shall be removed, moved, or disturbed without the written consent of the municipal authority and no tree or shrub shall be cut or disturbed except with the written consent of the owners of the premises upon which the tree or shrub stands, and no tree or shrub located on or over any part of a public street or highway, whether accepted or not shall be cut or disturbed, excepted by written consent of the municipal authority, and of the owners of the premises abutting on the part of the street or highway in which the tree or shrub stands.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.6. Moving to be continuous. When a building is moved on or across a public street or highway, the work and labor of moving the building shall continue twenty-four (24) hours each day, including Sunday, without interruption, while the building is in or upon the street or highway, unless the person moving the building is specially exempted from so doing by the building official.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.7. Watchperson and lights during moving. Whenever and as long as a building or part of a building shall remain in or upon a public street or highway, the person moving the building, shall maintain a red light or lights burning at each end of the building during all periods of darkness, and at all times shall keep a watchperson on duty.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.8. Bonds and liability insurance. Prior to the issuance of a permit to move or demolish a building, a certificate of insurance and a one hundred percent (100%) performance bond shall be filed with the local building official or, in the case of a state project, with the state building commissioner. The amount of paid certificate shall be determined by the municipality or the state building commission respectively.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-116.9. Shoring. Every person desiring to shore up a building may be required by the building official to comply with all the pertinent requirements of moving and razing a building as provided in this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-117.0. Removal of structures. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-117.1. Lot regulation. When a building or structure has been demolished or removed and no building operation has been projected or approved, the vacant lot shall be filled with nonorganic fill, graded and maintained in conformity with adjacent grades. The lot shall be maintained free from the accumulation of rubbish and all other unsafe and hazardous conditions which endanger the health, safety, and welfare of the public; provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property; and necessary retaining walls and fences shall be erected in accordance with the provisions of this chapter.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-118.0. Fees. No permit shall be issued for new construction, alteration, removal, demolition, or other building operation until the fees prescribed in accordance with  23-27.3-119.0 shall have been paid to the city or town collector or other municipal agency authorized to collect the fees.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2015, ch. 213,  1; P.L. 2015, ch. 230,  1. 
   23-27.3-118.1. Special fees. The payment of the fee for construction, alteration, removal, or demolition, and for all work done in connection with, or concurrently with, the work contemplated by a building permit, shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed in accordance with  23-27.3-119.0 for water taps, sewer connections, electrical and plumbing permits, erection of signs and display structures, marquees, or other appurtenant structures, or fees for inspections, certificates of use and occupancy for other privileges or requirements, both within and without the jurisdiction of the state building office.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2015, ch. 213,  1; P.L. 2015, ch. 230,  1; P.L. 2019, ch. 88, art. 4,  4. 
   23-27.3-118.2. Ramps for disabled persons. (a) No municipality shall require that a fee be paid for the construction or repair of an access ramp for disabled persons to a residential R-4 use group.  (b) Notwithstanding the provisions of any zoning ordinance to the contrary, ramps, lifts and other accommodation alternatives necessary for compliance with the provisions of the Americans with Disabilities Act (ADA) relating to accessibility shall be permitted as needed in the front, side or rear yards of existing structures, including those which have been built-out or converted to commercial uses.  History of Section.P.L. 1995, ch. 331,  1; P.L. 2013, ch. 324,  1; P.L. 2013, ch. 366,  1. 
   23-27.3-119.0. Fee computation. The building commissioner shall collect information on types and amounts of municipal fees set forth in  23-27.3-118 and 23-27.3-118.1 and create a process or formula for establishing statewide permit fees. Said information and a description of the process or formula shall be provided to all municipalities, the League of Cities and Towns, and the general assembly by December 1, 2015. Beginning July 1, 2017, the permit fees assessed by all municipalities shall be computed according to the process and formula either established by, or approved by, the state of Rhode Island building code commission, provided that all fees shall have multipliers that go down as the cost of construction increases in value. No fee shall be assessed for the first reinspection of work that has failed the initial inspection; provided, a fee shall be allowed for all necessary subsequent reinspections of the same work.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2014, ch. 375,  1; P.L. 2014, ch. 555,  1; P.L. 2015, ch. 213,  1; P.L. 2015, ch. 230,  1; P.L. 2016, ch. 317,  1; P.L. 2016, ch. 328,  1. 
   23-27.3-120.0. Certificate of use and occupancy. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-120.1. New buildings. No building or structure hereafter erected shall be used or occupied in whole or in part until a certificate of use and occupancy shall have been issued by the building official. The certificate shall not be issued until all work has been completed in accordance with the provisions of this code, the Fire Safety Code (chapters 28.1  28.39 of this title), of all approved permits, and of all applicable codes for which a permit is required, except as provided in  23-27.3-120.4. In addition, the certificate shall not be issued for any property serviced by a private well until the property owner has submitted documentation to the building official which demonstrates compliance with the drinking water testing requirements and the drinking water standard for coliform bacteria, fluoride, lead, nitrate and nitrite for private wells established by the director of health. A city or town may require additional testing and compliance with quality standards established pursuant to  23-1-5.3(6).  History of Section.P.L. 1976, ch. 256,  1; P.L. 1992, ch. 377,  1; P.L. 2002, ch. 161,  4; P.L. 2002, ch. 162,  4. 
   23-27.3-120.2. Buildings hereafter altered. No building or structure subsequently enlarged, extended, or altered to change the use group classification, the fire-grading, the maximum live load capacity, or the occupancy load capacity, in whole or in part, shall be occupied or used until the certificate has been issued by the building official, certifying that the work has been completed in accordance with the provisions of this code, the rehabilitation building and fire code for existing buildings and structures, the fire safety code (chapters 28.1  28.39 of this title) and the approved permits, and all of the applicable codes of all for which a permit is required. Any use or occupancy, which was not discontinued during the alterations, shall be discontinued within thirty (30) days after the completion of the alteration unless the required certificate is issued by the building official.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1992, ch. 377,  1; P.L. 1999, ch. 430,  3; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1. 
   23-27.3-120.3. Existing buildings. (a) Upon written request from the owner of an existing building, the building official shall issue a certificate of use and occupancy, provided there are no violations of law or orders of the building official or the fire official pending, and it is established after inspection and investigation that the alleged use of the building has heretofore existed. Nothing in this code shall require the removal, alteration, or abandonment of, or prevent the continuance of the use and occupancy of, a lawfully existing building, unless the use is deemed to endanger public safety and welfare. In addition, the written request from the owner of any property serviced by a private well shall be accompanied by documentation which demonstrates compliance with the drinking water testing requirements and the drinking water standard for coliform bacteria, fluoride, lead, nitrate and nitrite for private wells established by the director of health. A city or town may require additional testing and compliance with quality standards established pursuant to subdivision 23-1-5.3(6). Testing results which show that a private well is not in compliance with one or more of these drinking water quality standards shall be sufficient to deem the private well as a danger to public safety and welfare, and shall require corrective action before the certificate of use and occupancy can be issued.  (b) Corrective action will be required within thirty (30) days. The property owner may appeal to the Town Building Code Board of Appeals for a ninety (90) day extension, or give other just cause why the water well should remain in service for an extended period of time.  (c) If a registered engineer or otherwise qualified professional certifies no currently available treatment system will adequately treat the water to meet the potability requirement, the property owner can appeal to the Town Building Code Board of Appeals for an exemption from the private well potability requirement until such time a public water supply becomes available. This exemption will expire after five (5) years, renewable by appeal only.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1992, ch. 377,  1; P.L. 2002, ch. 161,  4; P.L. 2002, ch. 162,  4; P.L. 2012, ch. 415,  19. 
   23-27.3-120.4. Changes in use and occupancy. After a change of use has been made in a building or structure, the reestablishment of a prior use that would not have been legal in a new building of the same type of construction is prohibited unless the building complies with all applicable provisions of this code or the rehabilitation building and fire code for existing buildings and structures as applicable and the Fire Safety Code (chapters 28.1  28.39 of this title). A change from one prohibited use, for which a permit has been granted, to another prohibited use shall be deemed a violation of this code.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1992, ch. 377,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1. 
   23-27.3-120.5. Temporary occupancy. Upon the request of the holder of a permit, the building official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed; provided, that the portion or portions may be occupied safely prior to full completion of the building without endangering life or public health, safety, and welfare; and, provided further, that the agencies having jurisdiction over permits issued under other applicable codes are notified of the decision to issue a temporary certificate.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-120.6. Contents of certificate. The certificate shall certify compliance with the provisions of this code and the purpose for which the building or structure may be used in its several parts, and shall be issued by the building official within ten (10) days after final inspection; provided, that the provisions of the approved permits and of the applicable codes for which permits are required have been met. For use groups H, S, M, F, and B, the certificate of use and occupancy shall specify: the use group, in accordance with the provisions of this chapter; the maximum live load on all floors as prescribed in this chapter; the occupancy load in the building and all parts of the building as defined in this chapter; and any special stipulations, and conditions of the building permit.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-121.0. Posting buildings. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-121.1. Posted use and occupancy. A suitably designed placard approved by the committee shall be posted by the owner on all floors of every building and structure and part thereof designed for education, high hazard, storage mercantile, industrial, or business use (use groups, E, H, S, M, F, and B) as defined in Article 2. The placard shall be securely fastened to the building or structure in a readily visible place and shall state: the use group, the fire grading, the live load, and the occupancy load. Placards shall comply with Occupational Safety and Health Act (29 U.S.C.  651 et seq.) requirements.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1. 
   23-27.3-121.2. Posted occupancy load. A suitably designed placard approved by the committee shall be posted by the owner of every building and structure and part thereof designed for use as a place of public assembly or as an institutional building for harboring people for penal, correctional, educational, medical, or other care or treatment, or as residential buildings used for hotels, lodging houses, boarding houses, dormitory buildings, and multiple-family dwellings (use groups A, 1, R-1 and R-2). The placard shall designate the maximum occupancy load.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-121.3. Furnishing of posted signs. All posted signs shall be furnished by the building official, posted by the owner, and shall be of permanent design; they shall not be removed or defaced and, if lost, removed, or defaced, shall be immediately replaced.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-121.4. Periodic inspection for posting. The building official may periodically inspect all existing buildings and structures, except one and two (2) family dwellings, for compliance with this code in respect to posting; or the building official may accept the report of the inspections from a registered professional engineer or architect; and the inspections and reports shall specify any violation of the requirements of this code in respect to the posting of floor load, fire grading, occupancy load, and use group of the building.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1. 
   23-27.3-122.0. Violations. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-122.1.2. Notice or orders  Service and content. Every notice or order authorized by this code shall be in writing and shall be served on the owner or the person responsible as defined in Article 2:  (1) By any person authorized to serve civil process within the state, by serving a copy of the order or notice personally upon the owner or person responsible or by leaving a copy of the order or notice at the owner or person responsibles last and usual place of abode; or  (2) By sending the owner or person responsible a copy of the order or notice by regular mail and certified mail, to the last known address of the owner or owners; or  (3) If the last and usual place of abode of the owner or person responsible is unknown, and a due and diligent search fails to locate the individual, by posting a copy of the order or notice in a conspicuous place on or about the premises in violation.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1; P.L. 1989, ch. 177,  1; P.L. 1989, ch. 542,  56. 
   23-27.3-122.1. Notice of violation. The building official shall serve a notice of violation or order on the owner or person responsible for the erection, construction, alteration, extension, repair, removal, demolition, use, or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code; and the order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-122.2. Prosecution of violation. If the notice of violation is not answered and corrections scheduled as approved and complied with within thirty (30) days after service, unless otherwise provided in this code, the building official may request legal counsel of the municipality to institute the appropriate proceeding at law or in equity in a court of competent jurisdiction, including municipal housing courts, the municipal court of the town of Westerly, and the municipal court of the town of North Providence now existing or hereafter established by action of the general assembly, to restrain, correct, or abate the violations or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. The court action shall have precedence on the calendar after court actions commenced pursuant to  34-18-10, and shall continue to have precedence on the calendar on a day-to-day basis until the matter is heard.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1987, ch. 526,  1; P.L. 1989, ch. 180,  1; P.L. 1996, ch. 214,  3; P.L. 2008, ch. 77,  1; P.L. 2008, ch. 471,  1. 
   23-27.3-122.3. Penalties. Every person who shall violate any provision of this code shall be punished by imprisonment in the adult correctional institution for not more than one year, or by a fine of not more than five hundred dollars ($500), or both, for each violation. Each day during which any portion of a violation continues shall constitute a separate offense.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-122.4. Abatement of violations. The imposition of the penalties prescribed in this code shall not preclude the building official from instituting appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct business, or use of a building or structure in or about any premises.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1997, ch. 326,  85. 
   23-27.3-123.0. Stop-work order. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-123.1.1. Posting of order. A stop-work notice shall be posted in a conspicuous place on the job site and shall be removed only at the direction of the building official.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-123.1. Notice to owner. Upon notice from the building official that any work on a building or structure is being prosecuted contrary to the provisions of this code or in an unsafe or dangerous manner, the work shall be immediately stopped. The stop-work order shall be in writing and shall be served on the owner, as defined in Article 2, or on the person responsible as provided in  23-27.3-122.1.2; and shall state the conditions under which work may be resumed; provided, however, that in instances where immediate action is deemed necessary for public health, safety, and welfare, or in the public interest, the building official may require that work be stopped upon verbal order.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-123.2. Unlawful continuance. Any person who shall continue any work in or about the job site after having been served with a stop-work order, except work as he or she is directed to perform to remove a violation or unsafe condition, shall be liable to prosecution as provided in  23-27.3-122.0.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-124.0. Unsafe structures  General provisions. All buildings, signs, or other structures or any portion thereof shall be kept and maintained in a safe and sound condition at all times by the owner or the owners authorized agent.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-124.1. Unsafe conditions. A building, sign, or structure shall be declared unsafe by the building official if any one of the following conditions exists upon the premises:  (1) The building is vacant, unguarded, and open at doors or windows thereby permitting unauthorized entry; or  (2) There is a hazardous accumulation of dust, debris, or other combustible material therein; or  (3) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material; or  (4) There is a deterioration of the structure, or structural parts, or a structural weakness exists whereby the continued use and occupancy would endanger the lives of the occupants or those using public or private land in the immediate area; or  (5) The building has been partially destroyed or has been substantially damaged by the elements, acts of God, fire, explosion, or otherwise, and is vacant, regardless of whether or not the building is secured to prevent unauthorized entry; or  (6) The building or structure has been vacant or unused for more than one hundred eighty (180) days, whether or not it has been boarded, guarded, and/or closed at all doors and windows, and has remained in a condition such that the repairs necessary to make the building or structure safe and sanitary for occupancy exceed fifty percent (50%) of the fair market value of the building or structure in its present condition.  (7) The building, sign, or structure constitutes a fire or windstorm hazard or is, in the opinion of the building official, otherwise dangerous to human life or public health, safety, and welfare; or  (8) There is an unusual sagging or leaning out of plumb of the building or any parts of the building, and the effect is caused by deterioration or over-stressing; or  (9) The electrical or mechanical installation or systems create a hazardous condition contrary to the standards of this code or the code in effect at the time of construction; or  (10) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; or  (11) The use or occupancy of the building is illegal or improper because the building does not comply with the allowable areas, height, type of construction, fire resistance, means of egress, liveload, or other features regulated by the code in effect at the time of construction; or  (12) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1991, ch. 262,  1. 
   23-27.3-124.2. Notice of unsafe condition. When the whole or any part of any building, sign, or other structure shall be declared to be in an unsafe condition, the building official shall issue a notice of the unsafe condition to the owner of record describing the building or structure deemed unsafe, and an order either requiring that the building, sign, or structure be made safe or be demolished within a reasonable, stipulated time. All notices and orders shall be in writing and shall be delivered to the owners of the building by the building official or his or her designated agent or shall be sent by registered or certified mail to the last known address of the owner or owners. Orders to demolish any building, a sign, or structure shall also be issued to all mortgagees of record. If any owner or mortgagee cannot be located after due and diligent search, the notice and order shall be posted upon a conspicuous part of the building or structure, and the procedure shall be deemed the equivalent of personal notice. When a building or structure is ordered secured for any reason by the building official, the owner shall board the building or structure in accordance with  23-27.3-124.6 within seven (7) days, or the building official may cause the necessary work to be done to secure the building or structure. The cost of the work shall be billed to the owner and be a lien against the real property as provided in  23-27.3-125.7.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-124.3. Appeals. The owner shall either comply with the order or shall appeal the order to the local board of appeals within thirty (30) days of mailing or posting of the notice and order. There shall be no appeal to the order to board an unsecured or vacant building or structure. The board of appeals shall, if requested by the owner, hold a hearing where it will either confirm, modify, or revoke the notice and order of the building official in accordance with the provisions of  23-27.3-126.0 as may be deemed just and proper in the interest of public health, safety, and welfare.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-124.4.1. Compliance. The owner of an unsafe building, sign, or other structure shall obtain the necessary permits to perform the restoration or reconstruction work required by the building official within thirty (30) days of the receipt of the notice of an unsafe condition and shall proceed immediately with the work as required in  23-27.3-114.2 of this code. The work shall continue until the unsafe condition has been abated.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-124.4. Restoration of unsafe buildings. A building, sign, or structure declared unsafe by the building official shall be restored to a safe and usable condition in one of the following manners:  (1) When no change in use or occupancy is contemplated or compelled and the reconstruction or restoration is less than fifty percent (50%) of the physical value of the building, sign, or structure as defined in  23-27.3-106.5, the building, sign, or structure shall be repaired in accordance with the applicable requirements of the rehabilitation building and fire code for existing buildings and structures, or if the rehabilitation code for existing buildings and structures is not applicable, the applicable requirements of  23-27.3-106.3 or  23-27.3-106.4; or  (2) When a change in use or occupancy is contemplated or compelled, or reconstruction or restoration is in excess of fifty percent (50%) of the physical value of the building, sign, or structure as defined in  23-27.3-106.5, exclusive of foundations, the building, sign, or structure shall be made to comply in all respects with the requirements for materials and methods set forth in the rehabilitation building and fire code for existing buildings and structures, or if said code does not apply, the requirements for materials and methods for new buildings, signs, or structures erected under the provisions of this code.  History of Section.P.L. 1976, ch. 256,  1; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1. 
   23-27.3-124.5. Disregard of unsafe notice. When an owner or the owners authorized agent has been served with a notice of an unsafe condition and fails to comply with the order to either make the building, sign, or structure safe or to have it demolished within a stipulated time and has not appealed the order to the local board of appeals within the thirty (30) days required, the legal counsel of the municipality shall be advised and shall institute the appropriation action to compel compliance as provided in  23-27.3-122.0. If in the opinion of the building official the condition poses an immediate danger to the public health, safety, and welfare, the building official shall cause all the necessary work to be done to either make the building, sign, or structure safe or to have it demolished. The cost of the work shall be billed to the owner and shall be a lien against the real property as provided in  23-27.3-125.7.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-124.6.1. Disconnection of utilities. All gas, electric, water, and other services to a boarded building or structure except sewer lines shall be disconnected.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-124.6.2. Removal of debris and rubbish. Prior to boarding a building or structure, all decomposible debris and rubbish shall be removed from the premises.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-124.6. Boarding. (a) Any building or structure which is ordered secure for any reason by the building official shall be boarded in accordance with the following specifications:  (b) All openings (including doors and windows) from cellar to second floor inclusive, and all windows above the second floor leading to fire escapes, porches, or structural appurtenances on all floors must be covered from the exterior with a minimum of one-half inch (12") thick exterior grade plywood secured with screws of minimum length 15/8" or 2" (6d) ring shank nails placed 12 inches on center around the perimeter of the opening. Plywood shall be fitted so it rests snugly against the exterior frame butting up to the moulding or siding. All other windows must be secured in a similar manner with3/8 plywood from either the exterior or interior of the building.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-125.0. Emergency measures. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-125.1. Vacating buildings. (a) When, in the opinion of the building official, there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen or collapsed and life is endangered by the occupation of the building, the building official is authorized and empowered to order and require the occupants to vacate the building immediately. The building official shall cause to be posted at each entrance to the building a notice reading as follows:    (b) It shall be unlawful for any person to enter except for the purpose of making the required repairs or of demolishing the building or structure.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-125.2. Temporary safeguards. When, in the opinion of the building official, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof, which would endanger life or property, the building official shall cause all necessary work to be instituted to render the building or structure or part thereof temporarily safe despite the fact that the action may occur prior to the institution of those legal procedures provided for by this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-125.3. Closing streets. When necessary for the public health, safety, and welfare, the building official may temporarily close sidewalks, streets, buildings, and structures and areas adjacent to any unsafe buildings, and prohibit the use thereof.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-125.4. Emergency repairs. For the purpose of  23-27.3-124.5  23-27.3-125.5, the building official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1997, ch. 326,  153. 
   23-27.3-125.5. Hazardous buildings. Whenever a building is in such hazardous condition as to create an immediate danger to the public health, safety, and welfare, either because of its potential as a fire hazard or because of the danger from collapse, the building official may board up the building immediately at the owners expense and may order its immediate demolition. In the event that the owner fails to comply immediately with the order to demolish then the building official may demolish the building at the expense of the owner.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1990, ch. 297,  1. 
   23-27.3-125.6. Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the municipal treasury on certificate of the building official; and the legal authority of the municipality shall institute appropriate action against the owner of the unsafe building or structure was located for the recovery of the costs.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-125.7. Lien for emergency repairs. Whenever the owner fails to comply with an order to repair, board, or demolish a building, sign, or structure as required by the building official, and the building official has made repairs, boarded, or demolished the building, sign, or structure, reasonable costs incurred by the building official in the action shall be a lien against the real property. The lien shall be recorded with the records of land evidence of the municipality, and the lien shall incur legal interest from the date of recording. The cost incurred by the building official, plus the interest thereon, in the boarding or demolishing of a building, sign, or structure, shall be added to the amount of taxes due on the real estate where the building, sign, or structure was located. The tax collector of the city or town shall have the same powers and shall be subject to the same duties with respect to such claim as in the case of the annual taxes upon real estate, and the provisions of law relative to the collection of annual taxes, the sale or taking of land for the nonpayment thereof and the redemption of land so sold or taken shall apply to such a claim.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1994, ch. 208,  1. 
   23-27.3-126.0. Appeals from orders in regard to unsafe buildings. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-126.1. Application for review. The owner of a building or other structure or the owners duly authorized representative who has been served with an order pertaining to an unsafe building or other structure and a notice to make the building or other structure safe, secure, or habitable or to take down and remove the building or other structure, shall have the right, except in cases of emergency, to demand a hearing before the board of appeal if the owner deems such order to be unnecessary, improper, or unreasonable, and the demand shall be in writing with a statement of reasons therefor.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-126.2. Procedure. The powers and duties of the board of appeal under this section shall be: (1) To inspect the building or other structure and to confirm, modify, or revoke the order of the building officials as may seem just and proper in the interest of public health, safety, and welfare.  (2) To determine the suitable cost of reconstruction, restoration or rehabilitation in the repair of an unsafe building or other structure, in the case of a disagreement or dispute in relation thereto.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-126.3. Findings. (a) The board of appeals shall determine its findings and submit a report in writing affirming, modifying, or revoking the order of the building official in whole or in part, and shall determine the remedial steps if any to be taken to render the building or other structure safe.  (b) The findings and determination agreed upon by a majority of the board shall be deemed conclusive, and certified copies of the report shall be filed with the building official and with the owner or the owners representative, and shall be binding upon the building official and all parties in interest.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-127.0. State and local boards of appeals. History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-127.1.1. Stay of proceedings. The filing of an appeal by the owner shall stay all actions required by the state building commissioners interpretation, order, requirement, direction, or failure to act, unless the state building commissioner charged with the administration or enforcement of this code or any of its rules or regulations presents evidence, and the board of standards and appeals finds that upon the evidence presented, a stay would involve imminent peril to public health, safety, and welfare. In such an event, the stay of all proceedings shall be waived or the board may order other action necessary to preserve the public health, safety, and welfare. Before waiving the stay of proceedings, the board shall hold a hearing and give the appellant and state, or local agency claiming that a stay would involve imminent peril to public health, safety, and welfare, notice in writing of the hearing not less than twenty-four (24) hours before the hearing.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1983, ch. 41,  1; P.L. 1985, ch. 162,  1; P.L. 1987, ch. 526,  1. 
   23-27.3-127.1.2. Granting variance. The board of standards and appeals may vary the application of any provision of this code to any particular case when in the opinion of the board, the enforcement of this code would do manifest injustice; provided, that the board finds that the decision to grant a variance, or modification will not conflict with the general objectives of this code. The board of standards and appeals may further grant blanket variances from the application of any provision of this code when, in the opinion of the board, these provisions have either been rendered obsolete or impose an unanticipated hardship upon the general public, and the board finds that the decision to grant a blanket variance will not conflict with the general objectives of this code. This blanket variance is effective until the next code adoption process of the committee.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-127.1.3. Additional powers. The board may impose in any decision, limitations both as to time and use, and a continuation of any use permitted may be conditioned upon additional modifications as set forth in the decision.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-127.1.4. Procedures  Record of variances. (a) Upon receipt of an appeal, the secretary of the board of standards and appeals shall appoint a panel of not less than nine (9) members of the board to hear the appeal. A majority of the panel constitutes a quorum.  (b) The board shall fix a day for hearing on the appeal and shall give reasonable notice thereof to the aggrieved party and the property owners within two hundred feet (200) of subject property line when, in the boards discretion, it may have an adverse effect on neighboring properties. A properly indexed record of all variations made shall be kept in the office of the state building commissioner and shall be open to public inspection.  (c) An aggrieved party may file an appeal for a variance to the board by certified mail, and a hearing date shall be set by the board within thirty (30) days of filing. A copy of the decision of the board shall be mailed to the aggrieved party and the local board of appeal from which the appeal has been taken not later than thirty (30) days following the date of the hearing. Failure to render a decision within thirty (30) days does not affect the validity of the decision or appeal.  (d) Application for appeal must be accompanied by three (3) copies of the required plans for review by the state building commission and the state board of standards and appeal. When available, a copy of the local board of appeals hearing transcript shall also be filed. When the board of appeals deems it necessary, the aggrieved party shall also provide a radius map indicating the adversely affected neighboring properties and a list of names and addresses of the properties.  (e) The local board of appeals shall submit to the state board of standards and appeals a copy of its decision.  (f) Any aggrieved party affected by any ruling of the state board of standards and appeals may appeal to the sixth division district court within thirty (30) days from the mailing to the local board of appeals and owner.  (g)(1) The appellant and the city or town involved in the original appeal to the board of standards and appeals shall remain as the parties in interest in any appeal to the sixth division district court. In the instance where a town or city does not have a legally constituted board of appeal and the state board is acting in accordance with  23-27.3-127.1, the parties in interest in any appeal to the sixth division district court shall remain the original appellant. An appeal from a decision of the board of standards and appeals shall be instituted by the aggrieved partys filing a complaint in the sixth division district court in the county where the building or structure is located, and the complaint shall be served upon the opposing party in the manner prescribed by applicable procedural rules. The state board of standards and appeals shall not be a party to the appeal and shall not be served with the complaint.  (2) The filing of the complaint does not itself stay enforcement of the boards decision, but the board may grant, or the reviewing court may order, a stay upon appropriate terms.  (3) Once an appeal has been filed, the sixth division district court shall conduct its judicial review of the appeal in accordance with  42-35-15(d), (e), (f), and (g), and subsequent review by the supreme court shall be in accordance with  42-35-16.  (h) Upon the filing of an appeal to the sixth division district court, the appellant shall notify the board of appeal in writing of the appeal, and the board shall within thirty (30) days after the receipt of the notice, transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. Any parties unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. The cost of transcribing the record shall be paid by the appellant.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1985, ch. 162,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-127.1. Committee to serve as a board of standards and appeals. (a) The building code standards committee, after the state building code is adopted and promulgated, will serve as a board of standards and appeals except for appeals concerning the rehabilitation building and fire code, which appeals shall be heard and decided by the joint committee in accordance with the provisions of  23-29.1-4. For the purpose of securing for the public the benefits of new developments in the building industry and insuring public health, safety, and welfare, the board shall make or cause to be made investigations, or may accept authenticated reports from recognized authoritative sources on new materials or modes of construction intended for use in the construction of buildings or structures, and shall promulgate the regulations setting forth the conditions under which the materials or modes of constructions may be used. The regulations and amendments thereto shall have the same force and effect as the provisions of the code. The committee shall as a body or as a sub-committee thereof, have the power to sit as a state board of appeals, and in the absence of a local board, to hear appeals from the decision of the local building official. The state building commissioner shall serve as the secretary of the board of appeals.  (b)(1) An aggrieved party, as defined in subsections (b)(2)(i)  (b)(2)(vi) below, may appeal an interpretation, order, requirement, direction, or failure to act by the state building commissioner, charged with the administration or enforcement of this code or any of its rules or regulations, directly to the state building code board of standards and appeals. The appeal shall be filed with the board of appeals within thirty (30) days of the mailing or posting of the interpretation, order, requirement, direction, or failure to act.  (2) An aggrieved party is defined as follows:  (i) An owner of the building or structure which is subject to any interpretation, order, direction, or failure to act by a local building official, state building commissioner, or a local board of appeals decision or failure to act.  (ii) Property owners within two hundred feet (200) of the property lines of a building or structure which is the subject of any appeal.  (iii) The state building commissioner relative to any interpretation, order, requirement, direction, or failure to act by the local building official.  (iv) Any person, corporation, or other legal entity served with a notice of violation by the building official or the state building commissioner.  (v) Any person who has reasonable grounds for believing that he or she is about to be subject to discrimination in violation of the accessibility for persons with disabilities provisions of this code, or organization chartered for the purpose of safeguarding rights of persons with disabilities, provided that the state building commissioner has certified that the building plans are in violation of this code, the Americans with Disability Act, 42 U.S.C.  12101 et seq., provisions or the Federal Fair Housing Act, 42 U.S.C.  3601 et seq.  (vi) Any person who has reasonable grounds for believing that he or she is about to be subject to discrimination, or organization chartered for the purpose of safeguarding rights of persons with disabilities, as a result of an appeal to the codes provisions relating to persons with disabilities.  History of Section.P.L. 1981, ch. 236,  4; P.L. 1987, ch. 526,  1; P.L. 1991, ch. 48,  1; P.L. 1997, ch. 150,  3; P.L. 1998, ch. 144,  1; P.L. 1999, ch. 430,  3; P.L. 2000, ch. 185,  1; P.L. 2000, ch. 290,  1. 
   23-27.3-127.2.1. Membership and local board. Any building code board of appeals duly established by ordinance or otherwise in a city or town and in existence on July 1, 1977, shall qualify as a local board of appeals under  23-27.3-127.0, notwithstanding anything to the contrary contained in this section. However, the procedure and rights for appeal for the board of appeals shall be governed by this code. If a city or town has not duly established by ordinance or otherwise a local building code appeals board by July 1, 1977, the city or town shall establish a board of appeals, hereinafter referred to as the local board of appeals, consisting of five (5) members appointed by the chief executive officer of the city or town; one member appointed for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years and one to serve for one year or until his or her successor has been appointed, provided, however that appointments to the building code board of appeals for the city of East Providence shall be made by unanimous vote of the city council of the city of East Providence.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1993, ch. 164,  1; P.L. 1993, ch. 447,  1; P.L. 1997, ch. 326,  85. 
   23-27.3-127.2.2. Stay of proceedings. Entry of an appeal by the aggrieved party shall stay all proceedings in furtherance of the action or failure to act appealed from, unless the state or local agency or any person charged with the administration or enforcement of this code or any of its rules or regulations presents evidence and the board finds that, upon the evidence presented, a stay would involve imminent peril to public health, safety, and welfare. In such an event, a stay of all proceedings shall be waived or the board may order other action necessary to preserve public health, safety, and welfare. Before waiving the stay of proceedings the board shall hold a hearing and give the appellant, state, or local agency claiming that a stay would involve imminent peril to public health, safety, and welfare, notice in writing of the hearing not less than twenty-four (24) hours before the hearing.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1983, ch. 41,  1; P.L. 1985, ch. 162,  1; P.L. 1987, ch. 526,  1. 
   23-27.3-127.2.3. Granting variance. The local board of appeals may vary the application of any provision of this code to any particular case when, in the opinion of the board, the enforcement of this code would do manifest injustice; provided, that the board finds that the decision to grant a variance or modification will not conflict with the general objectives of this code.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-127.2.4. Additional powers. The board may impose in any decision, limitations both as to time and use, and a continuation of any use permitted may be conditioned upon modifications as set forth in the decision.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-127.2.5. Procedures. (a) When the building official refuses to issue a building permit in whole or in part, or refuses to approve the mode or manner of construction proposed to be followed or the materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this code do not apply or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of this code and regulations have been misconstrued or wrongly interpreted, within thirty (30) days the owner of the building or structure, whether erected or to be erected, the owners authorized agent, or other aggrieved party may make an application for an appeal in writing from the decision of the building official to the local board of appeal.  (b) Upon receipt of the application for an appeal, the chairperson or secretary of the board of appeal shall appoint a panel of not less than three (3) members of the board to hear each appeal.  (c) Applications filed at least twenty-five (25) days, including Saturdays, Sundays, and legal holidays, prior to the monthly meeting of the board will be advertised for public hearing at the next scheduled meeting. Appeals affecting the disability regulations of the state building code shall cite the provisions in the advertisements. A copy of the application for appeal to the disability provisions of shall be sent to the state building commissioner. Unless the appeal is continued, a copy of the decision of the board shall be mailed to the owner, the aggrieved party, and to the building official from whom the appeal has been taken not later than ten (10) days following the date of the hearing.  (d) Applications for appeal must be accompanied by two (2) copies of the required plans for review by the building official and the board of appeals.  (e) The building official shall submit to the board of appeals a notice identifying the reason for the refusal to issue a permit and the code provisions being disputed.  (f) Any aggrieved party affected by the decision of the local board may appeal to the state board of standards and appeals within twenty (20) days after the filing of the local decision with the building official and owner. Any determination made by the local board shall be subject to review de novo by the state board of standards and appeals.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1981, ch. 236,  4; P.L. 1985, ch. 162,  1; P.L. 1991, ch. 48,  1; P.L. 1997, ch. 150,  3; P.L. 1999, ch. 430,  3. 
   23-27.3-127.2.6. Local decision transmitted to state board. A copy of any decision by a local board of appeals shall be transmitted to the state building commissioner within ten (10) days after the rendering of the decision.  History of Section.P.L. 1976, ch. 256,  1. 
   23-27.3-127.2. Local board of appeals. (a) A board of appeals shall be appointed by each municipality. The board shall consist of the following five (5) members: one shall be an architect; two (2) shall be professional engineers; one shall be a builder or superintendent of construction; and one shall be a member of the general public. A member of a board of appeals of one municipality may also be a member of a board of appeals of another municipality. An aggrieved party as defined in  23-27.3-127.1(b)(2)(i)  (b)(2)(vi) may appeal an interpretation, order, requirement, direction, or failure to act under this code by a local official of a city or town charged with the administration or enforcement of this code of any of its rules and regulations, to the local board in that city or town.  (b) If there is no local board and an appeal is filed with the state board of appeals in accordance with  23-27.3-127.1, all stenographic costs of the appeal shall be reimbursed to the budget account of the board by the municipality.  History of Section.P.L. 1976, ch. 256,  1; P.L. 1981, ch. 236,  4; P.L. 1985, ch. 162,  1; P.L. 1987, ch. 526,  1; P.L. 1989, ch. 542,  56; P.L. 1991, ch. 48,  1; P.L. 1999, ch. 430,  3. 
   23-27.3-128.0. Design and construction procedures. History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.1.1. Owners responsibilities. (a) The owner shall be responsible for providing the services as required in  23-27.3-128.3(1)  (3). The contractual rights of the owner shall be preserved in that he or she will still be able to assign the duties for which he or she is responsible to whatever person he or she desires, so long as the person so assigned qualifies to fulfill the requirements of this section of the code.  (b) When the owner retains, or is required by the building official to retain, the services of an architect or engineer, the architect or engineer shall provide the services as required in  23-27.3-128.2.2.  (c) The building official shall require the owner to certify to the requirements of subsection (a) or (b) prior to the issuance of a permit to the owner or his or her agent.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.1.2  23-27.3-128.1.5. Repealed. History of Section.P.L. 1976, ch. 256,  1; Repealed by P.L. 1985, ch. 162,  2, effective June 13, 1985; P.L. 1988, ch. 222,  1, effective June 2, 1988. 
   23-27.3-128.1. Scope. (a) The provisions of this section shall define the responsibility required of the owner, architect, engineer, contractor, and building official during the design, construction, and testing process for new or renovated buildings or structures.  (b) One and two (2) family dwellings design and construction are exempt from the provisions of this section, unless the building official determines that the dwelling or related structures are of an unusual design and require the use of the provisions.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.2.1. Drawings and specifications. All drawings, specifications, and computations for new construction, alteration, repair, or expansion work involving the practice of professional engineering or architecture as defined by Rhode Island state law, shall be prepared by professional engineers or registered architects as licensed or registered by the state. All the drawings, computations, and specifications required for a building permit application for the work, must be prepared by or under the direct supervision of a professional engineer or registered architect and bear his or her signature and seal in accordance with the Rhode Island statutes and regulations governing the professional licensing or registration of engineers or architects, and shall signify to the best of his or her knowledge that the drawings, computations, and specifications shall meet the applicable provisions of this code and acceptable engineering practices and all applicable laws and ordinances.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.2.2. Responsibilities. A professional engineering or registered architect on behalf of the owner shall be responsible for the following:  (1) Review of the shop drawings, samples, and other submittals of the contractor as required by the construction contract documents submitted for permit and approval for conformance to the design concept.  (2) All change orders to the contract documents shall be submitted to the building official after approval by the professional engineer or registered architect.  (3) Review and approval of the testing procedures listed in  23-27.3-128.4 and appendix A. The engineer or architect shall notify the owner, building official, and contractor of the results of all tests and the required corrective measures which need to be taken.  (4) Insure special engineering or architectural inspection of critical construction components requiring controlled materials, or construction specified in the accepted engineering practice standards as listed in appendix A.  (5) The professional engineer or registered architect or his or her representative shall provide the necessary professional services and be present on the construction site on a regular and periodic basis to determine that, generally, the work is proceeding in accordance with the documents approved for the permit.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.2.3. Reporting. The professional engineer or registered architect shall submit periodically, in a form at regular construction inspection intervals acceptable to the building official, a progress report together with pertinent comments. At the completion of construction, the engineer or architect shall submit to the building official a report as to the satisfactory completion and the readiness of the project for occupancy (excepting any items not endangering the occupancy or operation and listing pertinent deviations from the approved permit documents).  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.2. Repealed. History of Section.P.L. 1976, ch. 256,  1; Repealed by P.L. 1988, ch. 222,  1, effective June 2, 1988. 
   23-27.3-128.3. Construction contractor responsibilities. The actual construction of the work shall be the responsibility of the owner or the contractor designated as his or her agent and who shall:  (1) Perform all work in accordance with the construction documents on file with the building official.  (2) Perform specified work in a safe and satisfactory manner and in accordance with all applicable local, state, and federal statutes and regulations.  (3) Upon completion of the construction, shall certify to the best of his or her knowledge and belief that the work has been done in substantial accord with subdivisions (1) and (2) above and with all pertinent deviations.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.4. Testing required. (a) The referenced standards listed in the appendices or the text of this code contain many field or agency tests which are required for the proper installation or erection of any building or structure and its component structural, electrical, mechanical, and plumbing assemblies. It shall be the responsibility of the engineer or architect to specify the tests as required by  23-27.3-128.2.2 of this code and listed in this code, and its standards; the owner or the contractor shall then secure the necessary professional services to perform the tests. The engineer or the architect shall file the periodic test reports and report any deviations or any corrective measures to be taken as required in  23-27.3-128.2.2(3).  (b) A list of the building components to be tested and the tests to be performed, shall be on file prior to the phase of the construction beginning. The building official may require additional testing in order to assure compliance with the requirements of this code.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.5.1. Waiver of plan examination. The examination of drawings may be waived when the plans for the erection or alteration of a building are prepared by a professional engineer or architect, and the professional engineer or architect has stated in writing that he or she has supervised the preparation of the architectural, structural, electrical, plumbing, and mechanical design contract documents, and that he or she will review and approve all working drawings for the construction, and that the document shall, to the best of his or her knowledge conform to all provisions of this code and all rules and regulations adopted under its provisions.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.5.2. Waiver of detailed field inspection. (a) The building official may waive the detailed department field inspection when the professional engineer or architect certifies that the construction work will be built under his or her field observations and in accordance with the approved contract documents, and that he or she will certify to the best of his or her knowledge information and belief that the construction is in substantial accordance with the documents and that he or she will submit a report in compliance with  23-27.3-128.2.3.  (b) Solely in the case of one and two (2) family dwellings, the building official may waive a detailed department field inspection if a qualified private sector inspector certifies that the construction work will be built under his or her field observations and in accordance with approved contract documents and that he or she will certify to the best of his or her knowledge, information and belief that the construction is in substantial accordance with the documents and that he or she will submit a report in compliance with  23-27.3-128.2.3.  (c) The building code standards committee shall establish rules and regulations for certification of private sector inspectors.  History of Section.P.L. 1988, ch. 222,  2; P.L. 2006, ch. 107,  1; P.L. 2006, ch. 134,  1. 
   23-27.3-128.5.3. Inspection waiver  Utilization. The building official may utilize this inspection waiver, in whole or in part, but he or she must cause sufficient plan review and construction inspection by the building official or staff to insure that:  (1) The proposed usage and facilities are in conformance with the municipal zoning ordinances and this code;  (2) The contractor is maintaining the required construction safety;  (3) The professional engineer or registered architect is, in fact, providing the necessary inspections; and  (4) State approvals for septic systems, wetlands, and Fire Safety Code provisions have been submitted to the building official prior to the issuance of a permit.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.5.4. Building permit issuance or requirements. The waiver of the detailed plan examination and/or detailed field inspection shall be determined prior to the issuance of any permits and may be a prerequisite for the permit issuance. Refusal by the owner to provide such service as required by the building official shall result in the denial of the permit. However, the owner may file an appeal as provided in  23-27.3-127.1 or 23-27.3-127.2.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.5. Building officials responsibilities. The building official shall be responsible for carrying out the duties and responsibilities as outlined in article I of this code with regard to the issuing of permits, the maintenance of records, the performance of inspections, and any other administrative procedures except as may be specifically exempt herein. Nothing contained in this section shall have the effect of waiving or limiting the building officials authority to enforce this code with respect to examination of the contract documents, including the plans, computations, and specifications, and related field inspections.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-128.6. Special technical services. (a) When applications for unusual designs or magnitude of construction are filed, the building official may refer the plans and specifications to the state building commissioner, or he or she may in his or her discretion, retain a professional engineer or architect for advice and recommendations as to the plans and specifications, safety of design, and compliance with this code. The building official may also employ a professional engineer or architect to observe the construction in the field to insure compliance with the approved plans and permit. Upon completion of the work, the architect or engineer employed shall file with the building official a report to the effect that to the best of his or her knowledge and belief, the building has been erected in accordance with accepted engineering practice and in conformity to all the statutory provisions governing building construction for the designated use group classification of the building structure, in respect to use, fire grading, floor, and occupancy loads.  (b) When an owner has plans and specifications for repetitive construction in a community or several communities for proposed one and two (2) family dwellings, the owner shall be permitted to refer the review of such plans and specifications for building code compliance to the office of the state building code commissioner for building code approval. All communities shall be required to accept such approved plans without further review until approval is revoked by the state building code commissioner. Provided, however, that said communities shall incur no liability for any errors or omissions associated with said approval. The building code standards committee may also establish a list of private sector certified plan reviewers to perform this function. The committee shall establish rules and regulations for this certification procedure. The owner of all plans reviewed and approved by the office of the state building code commissioner or a certified plan reviewer will not be charged for the review of such plans and specifications for building code compliance by all and any communities charging a separate fee for such review.  History of Section.P.L. 1988, ch. 222,  2; P.L. 2006, ch. 166,  1; P.L. 2006, ch. 193,  1. 
   23-27.3-128.7. Fees and costs. All fees and costs related to the performance of special professional services, testing, inspections, and reporting shall be borne by the owner.  History of Section.P.L. 1988, ch. 222,  2. 
   23-27.3-129.0, 23-27.3-129.1. Repealed. History of Section.P.L. 1976, ch. 256,  1; P.L. 1976, ch. 256,  1; Repealed by P.L. 1999, ch. 430,  1, effective July 3, 1999. 
   23-27.3-129.2. Repealed. History of Section.P.L. 1976, ch. 256,  1; Repealed by P.L. 1985, ch. 162,  2, effective June 13, 1985. 
   23-27.3-129.3. Repealed. History of Section.P.L. 1976, ch. 256,  1; Repealed by P.L. 1985, ch. 162,  2, effective June 13, 1985. 
   23-27.3-200. Savings clause. That nothing in these regulations hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing under any act or local regulations repealed as prescribed in this chapter.  History of Section.P.L. 1981, ch. 232,  3; P.L. 1981, ch. 236,  4; G.L. 1956,  23-27.3-2; P.L. 1997, ch. 326,  36. 
   23-27.3-300. Publication of code. The administrative provisions of the code as printed in the general laws are numbered to be consistent with the referenced sections of the Model Code and Standards as adopted by the building code standards committee as rules and regulations.  History of Section.P.L. 1981, ch. 232,  3; P.L. 1981, ch. 236,  4; G.L. 1956,  23-27.3-3; P.L. 1997, ch. 326,  36. 
   23-27.3-400. Severability. The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.  History of Section.P.L. 1981, ch. 232,  3; P.L. 1981, ch. 236,  4; G.L. 1956,  23-27.3-4; P.L. 1997, ch. 326,  36. 
   23-27.3-401. Sale of pressure vessel. It is unlawful for any individual to install a boiler or water heater in a residential dwelling without first obtaining a plumbing permit and having the installation inspected by the appropriate municipal inspector.  History of Section.P.L. 1999, ch. 347,  1. 
   23-27.3-500. Effective date of code. The effective date of this code shall be July 1, 1977. History of Section.P.L. 1976, ch. 256,  1; G.L. 1956,  23-27.3-5; P.L. 1997, ch. 326,  36. 
   23-27.3-501, 23-27.3-502. Repealed. History of Section.P.L. 1976, ch. 256,  1; P.L. 1979, ch. 273,  1; Repealed by P.L. 1981, ch. 232,  2. 
   23-27.3-503, 23-27.3-504. [Obsolete.]
   23-27.3-505. Repealed. History of Section.P.L. 1976, ch. 256,  2; P.L. 1977, ch. 59,  2; P.L. 1977, ch. 199,  2; P.L. 1977, ch. 254,  2; P.L. 1978, ch. 354,  2; P.L. 1978, ch. 373,  2; P.L. 1978, ch. 389,  2; P.L. 1980, ch. 45,  3; P.L. 1980, ch. 74,  3; Repealed by P.L. 1981, ch. 232,  2. 
   23-27.3-506. [Obsolete.]
   23-27.3-600. Fresh water wetlands. The provisions of  2-1-18 et seq. relating to fresh water wetlands, and any rules or regulations promulgated thereunder, are hereby adopted by reference into the state code.  History of Section.P.L. 1982, ch. 359,  1; G.L. 1956,  23-27.3-12; P.L. 1997, ch. 326,  36. 
   23-27.3-700. Repealed. History of Section.P.L. 1989, ch. 326,  2; P.L. 1990, ch. 293,  1; G.L. 1956,  23-27.3-13; P.L. 1997, ch. 318,  1; P.L. 1997, ch. 326,  36, 85; Repealed by P.L. 1999, ch. 430,  1, effective July 3, 1999. 
   23-27.3-701. Baby changing tables. (a) All new construction of state and municipal buildings opened to the public commenced after December 31, 1999, and all renovations, and replacements of a value in excess of fifty percent (50%) of existing public state and municipal buildings open to the public commenced after December 31, 1999, shall provide for baby changing tables in both ladies and mens rooms.  (b) A municipality may apply to the local building official for a waiver of this provision in the case of unreasonable hardship.  (c) The building codes standard committee shall adopt and promulgate all rules and regulations required to carry out the purpose of this section.  History of Section.P.L. 1999, ch. 236,  1. 
   23-27.3-702. Gender inclusive restroom act. (a) Notwithstanding any other provision of the general or public laws to the contrary, any single-user toilet facility in a public building or place of public accommodation that exists or is constructed on or after January 1, 2023, shall be made available for use by persons of any gender, and designated for use by not more than one occupant at a time or for family or assisted use. A single-user toilet facility may be identified by a sign; provided, that the sign marks the facility as a restroom and does not indicate one specific gender.  (b) All new construction of state and municipal buildings opened to the public commenced after July 1, 2021, and all renovations and replacements of a value in excess of fifty percent (50%) of existing public state and municipal buildings open to the public commenced after January 1, 2022, shall provide for a single-user toilet facility available for use by persons of any gender.  (c) A municipality may apply to the state building code standards committee for a waiver of this provision in the case of undue burden.  (d) During any inspection of a public building or a place of public accommodation by an inspector, building official, or other local official responsible for code enforcement, the inspector or official may inspect for compliance with this section.  (e) The building codes standards committee shall adopt and promulgate all rules and regulations required to carry out the purpose of this section.  History of Section.P.L. 2021, ch. 113,  1, effective July 2, 2021; P.L. 2021, ch. 114,  1, effective July 2, 2021; P.L. 2022, ch. 279,  1, effective July 2, 2022; P.L. 2022, ch. 321,  1, effective July 6, 2022. 
 23-27.3-1  23-27.3-1.1. Repealed. History of Section.P.L. 1976, ch. 256,  1; P.L. 1977, ch. 59,  1; P.L. 1977, ch. 254,  1; P.L. 1979, ch. 273,  1; Repealed by P.L. 1981, ch. 232,  1. 
 23-27.4-1. Compact entered into. The Interstate Compact on Industrialized/Modular Buildings is enacted into law and entered into by the State of Rhode Island with all other jurisdictions legally joining therein in the form substantially as follows:      (1) The compacting states find that:  Industrialized/modular buildings are constructed in factories in the various states and are a growing segment of the nations affordable housing and commercial building stock.  The regulation of industrialized/modular buildings varies from state to state and locality to locality, which creates confusion and burdens state and local building officials and the industrialized/modular building industry. Regulation by multiple jurisdictions imposes additional costs, which are ultimately borne by the owners and users of industrialized/modular buildings, restricts market access and discourages the development and incorporation of new technologies.  (2) It is the policy of each of the compacting states to:  Provide the states which regulate the design and construction of industrialized/modular buildings with a program to coordinate and uniformly adopt and administer the states rules and regulations for such buildings, all in a manner to assure interstate reciprocity.  Provide to the United States Congress assurances that would preclude the need for a voluntary preemptive federal regulatory system for modular housing, as outlined in Section 572 of the Housing and Community Development Act of 1987, including development of model standards for modular housing construction, such that design and performance will insure quality, durability safety; will be in accordance with life-cycle cost-effective energy conservation standards; all to promote the lowest total construction and operating costs over the life of such housing.      As used in this compact, unless the context clearly requires otherwise: (1) Commission means the Interstate Industrialized/Modular Buildings Commission.  (2) Industrialized/modular building means any building which is of closed construction, i.e. constructed in such a manner that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage or destruction, and which is made or assembled in manufacturing facilities, off the building site, for installation, or assembly and installation, on the building site. Industrialized/modular building includes, but is not limited to, modular housing which is factory-built single-family and multi-family housing (including closed wall panelized housing) and other modular, nonresidential buildings. Industrialized/modular building does not include any structure subject to the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974.  (3) State means a state of the United States, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.  (4) Uniform administrative procedures means the procedures adopted by the Commission (after consideration of any recommendations from the rules development committee) which state and local officials, and other parties, in one state, will utilize to assure state and local officials, and other parties, in other states, of the substantial compliance of industrialized/modular building construction with the construction standard of requirements of such other states; to assess the adequacy of building systems; and to verify and assure the competency and performance of evaluation and inspection agencies.  (5) Model rules and regulations for industrialized/modular buildings means the construction standards adopted by the Commission (after consideration of any recommendations from the rules development committee) which govern the design, manufacture, handling, storage, delivery and installation of industrialized/modular buildings and building components. The construction standards and any amendments thereof shall conform insofar as practicable to model building codes and referenced standards generally accepted and in use throughout the United States.  (6) Interim reciprocal agreement means a formal reciprocal agreement between a noncompacting state wherein the noncompacting state agrees that labels evidencing compliance with the model rules and regulations for industrialized/modular buildings, as authorized in Article VIII, item No. 14, shall be accepted by the state and its subdivisions to permit installation and use of industrialized/modular buildings. Further, the noncompacting state agrees that by legislation or regulation, and appropriate enforcement by uniform administrative procedures, the noncompacting state requires all industrialized/modular building manufacturers within that state to comply with the model rules and regulations for industrialized/modular buildings.      The compacting states hereby create the Interstate Industrialized/Modular Buildings Commission, hereinafter called commission. Said commission shall be a body corporate of each compacting state and an agency thereof. The commission shall have all the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states.      The commission shall be selected as follows: As each state becomes a compacting state, one resident shall be appointed as commissioner. The commissioner shall be selected by the governor of the compacting state, being designated from the state agency charged with regulating industrialized/modular buildings or, if such state agency does not exist, being designated from among those building officials with the most appropriate responsibilities in the state. The commissioner may designate another official as an alternate to act on behalf of the commissioner at commission meetings which the commissioner is unable to attend. Each state commissioner shall be appointed, suspended or removed and shall serve subject to and in accordance with the laws of the state which said commissioner represents; and each vacancy occurring shall be filled in accordance with the laws of the state wherein the vacancy exists.  When three state commissioners have been appointed in the manner described, those state commissioners shall select one additional commissioner who shall be a representative of manufacturers industrial or commercial use of industrialized/modular buildings.  When six state commissioners have been appointed, the state commissioners shall select a third additional commissioner who shall be a representative of manufacturers of residential-use industrialized/modular buildings.  With each addition of three state commissioners, the state commissioners shall appoint one additional manufacturing representative commissioner, alternating between a representative of manufacturers of industrial-or commercial-use industrialized/modular buildings and residential-use industrialized/modular buildings. With each addition of twelve state commissioners, the state commissioners shall appoint one additional commissioner, who represents consumers of industrialized/modular buildings.  The subsequent appointment of all representative commissioners shall be in this same manner, maintaining a ratio of manufacturer representatives to consumer representatives of four to one.  In the event states withdraw from the compact or, for any other reason, the number of state commissioners is reduced, the state commissioners shall remove the last added representative commissioner as necessary to maintain a balance of state commissioners to representative commissioners in the same proportion as the appointments outlined herein.  Upon a majority vote of the state commissioners, the state commissioners may remove, fill a vacancy created by or replace any representative commissioner, provided that any replacement is made from the same representative group and a three to one ratio is maintained.  Unless provided otherwise, the representative commissioners have the same authority and responsibility as the state commissioners. In addition, the commission may have as a member one commissioner representing the United States government if federal law authorizes such representation. Such commissioner shall not vote on matters before the commission. Such commissioner shall be appointed by the President of the United States, or in such other manner as may be provided by Congress.      Each commissioner (except the commissioner representing the United States government) shall be entitled to one vote on the commission. A majority of the commissioners shall constitute a quorum for the transaction of business. Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the quorum present and voting.      The commission shall elect annually, from among its members, a Chairperson, a Vice Chairperson and a Treasurer. The commission shall also select a Secretariat, which shall provide an individual who shall serve as Secretary of the commission. The commission shall fix and determine the duties and compensation of the Secretariat.  The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.  The commission shall adopt a seal. The commission shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules the regulations.  The commission shall establish and maintain an office at the same location as the office maintained by the Secretariat for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call additional meetings and upon the request of a majority of the commissioners of three or more of the compacting states shall call an additional meeting.  The commission annually shall make the governor and legislature of each compacting state a report covering its activities for the preceding year.  Any donation or grant accepted by the commission or services borrowed shall be reported in the annual report of the commission and shall include the nature, amount and conditions, if any, of the donation, gift or services borrowed and the identity of the donor or lender.  The commission may make additional reports as it may deem desirable.     The commission will establish such committees as it deems necessary, including, but not limited to, the following:  (1) An executive committee which functions when the full commission is not meeting, as provided in the bylaws of the commission. The executive committee will ensure that proper procedures are followed in implementing the commissions programs and in carrying out the activities of the compact.  The executive committee shall be elected by vote of the commission. It shall be comprised of at least three and no more than nine commissioners, selected from those commissioners who are representatives of the governor of their respective state.  (2) A rules development committee appointed by the commission.  The Committee shall be consensus-based and consist of not less than 7 nor more than 21 members.  Committee members will include state building regulatory officials; manufacturers of industrialized/modular buildings; private, third-party inspection agencies; and consumers. This committee may recommend procedures which state and local officials, and other parties, in one state, may utilize to assure state and local officials, and in other parties, in other states, of the substantial compliance of industrialized/modular building construction with the construction standard requirements of such other states; to assess the adequacy of building systems; and to verify and assure the competency and performance of evaluation and inspection agencies. This committee may also recommend construction standards for the design, manufacture, handling, storage, delivery and installation of industrialized/modular buildings and building components. The committee will submit its recommendations to the commission, for the commissions consideration in adopting and amending the uniform administrative procedures and the model rules and regulations for industrialized/modular buildings. The committee may also review the regulatory programs of the compacting states to determine whether those programs are consistent with the uniform administrative procedures or the model rules and regulations for industrialized/modular buildings and may make recommendations concerning the states programs to the commission. In carrying out its functions, the rules committee may conduct public hearings and otherwise solicit public input and comment.  (3) Any other advisory, coordinating or technical committees, membership on which may include private persons, public officials, associations or organizations. Such committees may consider any matter of concern to the commission.  (4) Such additional committees as the commissions bylaws may provide.      In addition to the powers conferred elsewhere in this compact, the commission shall have power to:  (1) Collect, analyze and disseminate information relating to industrialized/modular buildings.  (2) Undertake studies of existing laws, codes, rules and regulations, and administrative practices of the states relating to industrialized/modular buildings.  (3) Assist and support committees and organizations which promulgate, maintain and update model codes or recommendations for uniform administrative procedures or model rules and regulations for industrialized/modular buildings.  (4) Adopt and amend uniform administrative procedures and model rules and regulations for industrialized/modular buildings.  (5) Make recommendations to compacting states for the purpose of bringing such states laws, codes, rules and regulations and administrative practices into conformance with the uniform administrative practices into conformance with the uniform administrative procedures or the model rules and regulations for industrialized/modular buildings, provided that such recommendations shall be made to the appropriate state agency with due consideration for the desirability of uniformity while also giving appropriate consideration to special circumstances which may justify variations necessary to meet unique local conditions.  (6) Assist and support the compacting states with monitoring of plan review programs and inspection programs, which will assure that the compacting states have the benefit of uniform industrialized/modular building plan review and inspection programs.  (7) Assist and support organizations which train state and local government and other program personnel in the use of uniform industrialized/modular building plan review and inspection programs.  (8) Encourage and promote coordination of state regulatory action relating to manufacturers, public or private inspection programs.  (9) Create and sell labels to be affixed to industrialized/modular building units, constructed in or regulated by compacting states, where such labels will evidence compliance with the model rules and regulations for industrialized/modular buildings, enforced in accordance with the uniform administrative procedures. The commission may use receipts from the sale of labels to help defray the operating expenses of the commission.  (10) Assist and support compacting states investigations into and resolutions of consumer complaints which relate to industrialized/modular buildings constructed in one compacting state and sited in another compacting state.  (11) Borrow, accept or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, association, person, firm or corporation.  (12) Accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same.  (13) Establish and maintain such facilities as may be necessary for the transacting of its business.  The commission may acquire, hold, and convey real and personal property and any interest therein.  (14) Enter into contracts and agreements, including but not limited to, interim reciprocal agreements with noncompacting states.      The commission shall submit to the governor or designated officer or officers of each compacting state a budget of its estimated expenditures for such period as may be required by the laws of that state for presentation to the legislature thereof.  Each of the commissions budgets of estimated expenditures shall contain specific recommendations of the amounts to be appropriated by each of the compacting states. Said state appropriation shall be paid from fees received from the manufacturers and third party agents and deposited in the state building commissioners restricted receipt account. The total amount of appropriations requested under any such budget shall be apportioned among the compacting states as follows: one-half in equal shares; one-fourth among the compacting states in accordance with the ratio of their populations to the total population of the compacting states, based on the last decennial federal census; and one-fourth among the compacting states in accordance with the ratio of industrialized/modular building units manufactured in each state to the total of all units manufactured in all of the compacting states.  The commission shall not pledge the credit of any compacting state. The commission may meet any of its obligations in whole or in part with funds available to it by donations, grants, or sale of labels: provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner.  Except where the commission makes use of funds available to it by donations, grants or sale of labels, the commission shall not incur any obligation prior to the allotment of funds by the compacting states adequate to meet the same.  The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursement of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.  The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the compacting states and any person authorized by the commission. Nothing contained in this Article shall be construed to prevent commission compliance relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.      This compact shall enter into force when enacted into law by any three states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. The commission shall arrange for notification of all compacting states whenever there is a new enactment of the compact.  Any compacting state may withdraw from this compact by enacting a statute repealing the same.  No withdrawal shall affect any liability already incurred by or chargeable to a compacting state prior to the time of such withdrawal.      If the commission determines that the standards for industrialized/modular buildings prescribed by statute, rule or regulation of compacting state are at least equal to the commissions model rules and regulations for industrialized/modular buildings, and that such state standards are enforced by the compacting state in accordance with the uniform administrative procedures, industrialized/modular buildings approved by such a compacting state shall be deemed to have been approved by all the compacting states for placement in those states in accordance with procedures prescribed by the commission.      Nothing in this compact shall be construed to: (1) Withdraw or limit the jurisdiction of any state or local court or administrative officer or body with respect to any person, corporation or other entity or subject matter, except to the extent that such jurisdiction pursuant to this compact, is expressly conferred upon another agency or body.  (2) Supersede or limit the jurisdiction of any court of the United States.      This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.  History of Section.P.L. 1990, ch. 449,  1; P.L. 1992, ch. 375,  1. 
 23-27.4-2. Repealed. History of Section.P.L. 1990, ch. 449,  1; Repealed by P.L. 1992, ch. 375,  2, effective July 21, 1992. 
 23-27-1  23-27-7. Repealed. History of Section.G.L. 1896, ch. 40,  25; G.L. 1909, ch. 50,  26; G.L. 1923, ch. 51,  26; G.L. 1956, ch. 51,  48, as enacted by P.L. 1937, ch. 2517,  1; G.L. 1938, ch. 333,  26, 27; G.L. 1956, ch. 333,  52, as enacted by P.L. 1950, ch. 2525,  1; G.L. 1956,  23-27-1  23-27-5, 23-27-7; G.L. 1956,  23-27-6, as enacted by P.L. 1970, ch. 27,  1; Repealed by P.L. 1976, ch. 256,  1. 
 23-28.01-1. Short title. This act shall be known and may be cited as The Comprehensive Fire Safety Act of 2003.  History of Section.P.L. 2003, ch. 106,  2; P.L. 2003, ch. 107,  2. 
 23-28.01-2. Legislative findings. The general assembly finds and declares that: (1) Fires are a significant and preventable cause of the loss of life in the state;  (2) Catastrophic fires, while rare, have happened in the state with tragic loss of life;  (3) Fire safety and building codes can provide standards that substantially reduce the risk of death, injury, and property damage caused by fires;  (4) Compliance with codes is critical to their being an effective means for achieving the reduction of both risks and losses;  (5) Codes are more effective when they are comprehensive in their application, up-to-date, and integrated;  (6) Rhode Island has a long history of developing, adopting, and implementing codes as conditions in the state have changed and the means and practice of fire safety have evolved; and  (7) Rhode Island, in 2003, wishes in response to the tragic fire at The Station nightclub, in West Warwick, to improve fire safety throughout the state.  History of Section.P.L. 2003, ch. 106,  2; P.L. 2003, ch. 107,  2; P.L. 2012, ch. 415,  20. 
 23-28.01-3. Legislative purpose and intent. The purposes of this act are to make Rhode Island the safest state in the nation in terms of fire safety, to provide for the adoption and implementation of an up-to-date comprehensive system of codes for fire safety and to foster a culture of compliance with standards for fire safety, and to provide for amendments to title 23, chapters 23-28.1, 23-28.2, 23-28.3, 23-28.6, 23-28.11, and 23-28.25, which are made in the subsequent sections of the public law establishing this chapter.  History of Section.P.L. 2003, ch. 106,  2; P.L. 2003, ch. 107,  2. 
 23-28.01-4. Powers and duties. The powers necessary to implement the provisions of this act shall be vested in the fire marshal, as provided for in chapter 28.2 of this title as amended, who shall have, except as specifically provided otherwise in this title, all of the powers of the authority having jurisdiction as are set forth in the Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) of the National Fire Protection Association, Inc., with annexes, as those are updated, amended, altered, or deleted, and by the addition of certain provisions of the fire safety code board of appeal and review, and who may delegate authority as provided by law, and in the fire safety code board of appeal and review, as provided for in chapter 28.3 of this title, which shall provide by rules and regulations for the efficient and reasonable implementation of the provisions of the fire safety code.  History of Section.P.L. 2003, ch. 106,  2; P.L. 2003, ch. 107,  2; P.L. 2005, ch. 151,  2; P.L. 2005, ch. 155,  2; P.L. 2012, ch. 294,  1; P.L. 2012, ch. 337,  1; P.L. 2016, ch. 468,  1; P.L. 2016, ch. 472,  1. 
 23-28.01-5. Planning and reporting. (a) The system of fire safety codes, compliance, enforcement, and education, shall be regularly reviewed in order to maintain the use of best practices throughout Rhode Island and to plan for and implement professional, comprehensive, efficient and effective fire safety measures in the state.  (b) The fire marshal shall, in conjunction with the fire safety code board of appeal and review, the building code commission, the department of health, the economic development corporation, the department of elementary and secondary education, and representatives of local fire departments, prepare and approve by February 20, 2004, a comprehensive plan setting forth goals and implementation measures for improving fire safety in Rhode Island, which plan shall include recommendations regarding public, fire safety education. The plan may be periodically reviewed and amended and shall be updated at least once every five (5) years. The plan, and any amendments and updates, shall be submitted to the governor, the speaker of the house and the president of the senate. A copy of the plan shall be provided to the secretary of state, and the report shall be posted on the website of the fire marshal.  (c) The fire marshal shall submit a report on or before February 1, 2005, and annually not later than February 1 in each year thereafter, to the governor, the speaker of the house and the president of the senate on fire safety in Rhode Island, summarizing the incidence of fires in Rhode Island, describing the status of fire safety efforts in Rhode Island and progress toward meeting goals set forth in the five (5) year plan, and recommending actions for improving fire safety. A copy of the report shall be provided to the secretary of state, and the report shall be posted on the website of the fire marshal.  (d) In order to increase public information about fire risks in places of assembly, the fire marshal shall make public the repeat and/or uncorrected fire safety code violations of all places of assembly that are classified as nightclubs and provide this information on a website, effective February 20, 2004.  History of Section.P.L. 2003, ch. 106,  2; P.L. 2003, ch. 107,  2; P.L. 2004, ch. 220,  1; P.L. 2004, ch. 225,  1; P.L. 2012, ch. 415,  20. 
 23-28.01-6. Coordinated administration of Fire Safety and Building Codes. (a) The fire marshal and the state building commissioner shall jointly advise by July 1, 2004, the joint committee on the rehabilitation building code for existing buildings and structures, established by chapter 29.1 of this title, with regard to any conflicts between fire safety codes and building codes and the enforcement thereof. The joint committee shall develop comprehensive recommendations by October 1, 2004, for resolving such conflicts, which recommendations shall be submitted to the Fire Safety Code Board of Appeal and Review and the State Building Code Standards Committee, as appropriate, for consideration and for implementation by rule or agreement by July 1, 2006. The Fire Safety Code Board of Appeal and Review and the State Building Code Standards Committee, shall hold a joint hearing or hearings, consistent with the provisions of chapter 35 of title 42 for the purposes of consideration and adoption of such rules, regulations, and agreements as may be necessary to implement the purposes of this paragraph.  (b) The Fire Safety Code Board of Appeal and Review shall report by February 1, 2004, to the general assembly with regard to all provisions of the general and public laws that will be either superseded or made obsolete by the adoption of changes to the Fire Safety Code.  History of Section.P.L. 2003, ch. 106,  2; P.L. 2003, ch. 107,  2; P.L. 2005, ch. 151,  2; P.L. 2005, ch. 155,  2. 
 23-28.1-1. Short title. Chapters 28.1  28.39 of this title, and all codes referenced therein and adopted thereunder, shall be known and may be cited as the Fire Safety Code.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1985, ch. 332,  2; P.L. 1989, ch. 542,  57; P.L. 2003, ch. 106,  3; P.L. 2003, ch. 107,  3. 
 23-28.1-10. Issuance and validity of certificates. Notwithstanding any law, regulation or practice to the contrary, smoke detector and carbon monoxide detector certificates issued by any state or local authority shall be valid for such period as the issuing authority may specify, but in no event for less than a period of one hundred twenty (120) days from the date of issuance.  History of Section.P.L. 2009, ch. 334,  1. 
 23-28.1-2. Purposes. (a) The Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) of the National Fire Protection Association, Inc., with annexes, except as updated, amended, altered, or deleted, and by the addition of certain provisions, as indicated in the rules and regulations adopted by the fire safety code board, is hereby adopted as the Rhode Island fire safety code.  The fire safety code board of appeal and review shall consider the following when promulgating the aforementioned rules and regulations:  (1) For business, storage, mercantile, and industrial occupancies, the board shall consider alternative methods of code compliance, including, but not limited to, the use of vertical and horizontal fire separation when determining the square footage for fire alarm and sprinkler requirements; allowing non-monitored fire alarm systems to be installed in accordance with the methods outlined in NFPA 72, and shall further consider alternative methods to ensure the consistent enforcement of the code.  (2) For occupancy groups previously granted relief, including, but not limited to, existing apartments, places of worship, marinas, and the marine trade industry, funeral homes, restaurants and non-residential barns, the board shall consider the appropriateness of the reincorporation of this relief into the code.  This code shall be liberally construed and applied to promote its underlying purposes and policies.  (b) The underlying purposes and policies of these chapters are:  (1) To simplify, clarify, and modernize the law governing fires and fire prevention;  (2)(i) To specify reasonable, minimum requirements for fire safety in new and existing buildings and facilities, except in private dwellings occupied by one, two (2), or three (3) families, in the various cities or towns in this state; provided, however, this code shall provide reasonable standards for the installation of smoke alarms and carbon monoxide alarms in private dwellings occupied by one, two (2), and three (3) families; provided, further, that three-family (3) dwellings shall be equipped with smoke alarms and carbon monoxide alarms, in accordance with standards established by the fire safety code board of appeal and review; provided further that  (ii) The local fire authority that performs smoke alarm and carbon monoxide alarm plan review and inspection for the installation of smoke alarm and/or carbon monoxide detection in any new and existing private dwelling occupied by one, two (2), and three (3) families shall charge no more than a seventy-five dollar ($75.00) fee for a one-family unit, a one hundred twenty-five dollar ($125) fee for a two-family (2) unit and a one-hundred seventy-five dollar ($175) fee for a three-family (3) unit for the smoke alarm and carbon monoxide alarm plan review together with any subsequent detection inspections.  (3) Except as provided in subdivision (b)(5), to permit the cities and towns to enact ordinances and orders relating to fire safety, provided those ordinances and orders impose requirements equal to, additional to, or more stringent than those contained in this code which ordinances and orders shall be effective only upon the approval by rule of the fire safety code board of appeal and review. Any ordinance or order relating to fire safety enacted by any city or town shall be prospective in its application and shall be enacted after public hearing. The city or town shall cause printed notices of the time, place, and subject matter of the hearing to be posted in three (3) public places in the city or town, for three (3) weeks next preceding the time of the hearing, and shall advertise in a newspaper circulated in the city or town, if any there be, at least once a week for the same period of time;  (4) Jurisdiction for the interpretation of any city or town ordinance or order relating to fire safety shall be vested in the fire safety code board of appeal and review; provided, however, that the responsibility for the enforcement of the ordinance or order shall be with the local authorities, and petitions for variations from the ordinance or order shall be heard by the state fire safety board of appeal and review in the manner prescribed in chapter 28.3 of this title; and  (5) Notwithstanding anything to the contrary contained herein, no city or town may enact any ordinance or order relating to the requirement for the handling of explosives, pursuant to chapter 28.28 of this title, or for the installation of, or specifications for, the fire alarm sections of this code; the fire-protection systems as prescribed by chapter 28.25 of this title; or for the possession and display of commercial fireworks or pyrotechnics pursuant to chapter 28.11 of this title, which chapters shall exclusively govern the requirements for the installation of, and specification for, fire-protection systems, the handling of explosives, and possession and display of commercial fireworks or pyrotechnics. All such ordinances or orders relating to the requirements for the installation of, and specifications for, such fire-protection systems, the handling of explosives, or possession and display of commercial fireworks or pyrotechnics heretofore enacted by any city or town are of no force and effect.  (c) In this code, unless the context otherwise requires:  (1) Words in the singular number include the plural, and in the plural include the singular; and  (2) Words of the masculine gender include the feminine and the neuter and, when the sense so indicates words of the neuter gender may refer to any gender.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1968, ch. 2,  1; P.L. 1975, ch. 165,  1; P.L. 1981, ch. 229,  1; P.L. 1982, ch. 269,  1; P.L. 1994, ch. 354,  1; P.L. 1994, ch. 425,  1; P.L. 2003, ch. 106,  3; P.L. 2003, ch. 107,  3; P.L. 2004, ch. 220,  1; P.L. 2004, ch. 225,  1; P.L. 2007, ch. 255,  1; P.L. 2007, ch. 291,  1; P.L. 2012, ch. 294,  2; P.L. 2012, ch. 337,  2; P.L. 2016, ch. 468,  2; P.L. 2016, ch. 472,  2. 
 23-28.1-3. Codification. General subjects are regulated under chapters and to further facilitate reference each section of each chapter is titled and in numerical order.  History of Section.P.L. 1966, ch. 216,  1; P.L. 2004, ch. 220,  1; P.L. 2004, ch. 225,  1. 
 23-28.1-4. Interpretations. In this code: (1) The titles and headings of chapters shall be deemed to be a part of those chapters; provided, however, that the titles and heading of sections shall not be considered a part thereof.  (2) Where in this code such terms as proper, adequate, sufficient, ample, suitable, substantial, necessary, dangerous, and the like or derivatives thereof are used, they shall be understood to mean proper, adequate, etc., to the satisfaction or in the opinion of the authority having enforcement jurisdiction; and such terms as where practicable, where required, as far as possible, shall have a like significance.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1968, ch. 2,  2; P.L. 1975, ch. 165,  1; P.L. 2004, ch. 220,  1; P.L. 2004, ch. 225,  1. 
 23-28.1-5. Definitions. The terms used in NFPA 1 (Uniform Fire Code), in NFPA 101 (Life Safety Code) and in such other national codes as are authorized for adoption by the Fire Safety Code Board of Appeal and Review shall be given the definitions established in those codes unless another meaning is provided for in this title and is essential to implementing the purposes of this title, and the Fire Safety Code Board of Appeal and Review shall have authority to resolve any conflicts among definitions in order to achieve the purposes of this title and/or provide for the efficient administration of codes:  (1) Abatement or to abate a condition. Abatement, or to abate a condition, is the reduction, decrease, or diminution of a hazardous condition that presents immediate danger to life. The term immediate denotes that action is or must be taken either instantly or without any considerable loss of time. The condition may be singular or may be a set of conditions that in combination present an immediate danger to life. Such conditions shall include improper management or use of flammable and combustible materials, liquids and gasses, pyrotechnics, fireworks or explosives, malfunctioning automatic sprinklers, fire alarms and emergency lighting, malfunctioning heating and electrical systems, blocked or inadequate exits or means of egress, and such other conditions as may be established by the Fire Safety Code Board of Appeal and Review.  (2) Authority having jurisdiction. Unless specifically defined to the contrary in this code, the authority having jurisdiction for the enforcement of this code shall be the state fire marshal, the deputy fire marshals, and assistant deputies.  (3) Code. The term code means this Fire Safety Code established under the provisions of  23-28.1-1.  (4) Compliance order. For the purposes of this Code, a compliance order is defined as a command or direction authoritatively given to a building owner or occupant to provide conformance with the Fire Safety Code. A compliance order takes effect when a building owner or occupant, after proper notice, has exhausted his/her administrative appeals or has failed to avail himself/herself of appropriate administrative appeals within a reasonable period of time after receiving proper notice.  (5) Family day care home. The term family day care home means any home other than the childs home in which child day care in lieu of parental care and/or supervision is offered at the same time to at least four (4) but not more than eight (8) children who are not relatives of the care giver, and which is licensed by the state department of children, youth, and families and subject to the departments regulations.  (6) Nightclub. A place of public accommodation, which in general is characterized by all of the following:  (i) Provides entertainment by a live band or recorded music generating above normal sound levels.  (ii) Has as its primary source of revenue, in general, the sale of beverages of any kind for consumption on the premises and/or cover charges. Food, if served, is considered a secondary attraction.  (iii) Has an occupant load in total or in any single area or room of at least 100 patrons.  Nothing in this definition shall be construed to include any place of public accommodation or any event within a place of public accommodation, which is in its nature distinctly private.  (7) Place of worship means a building or structure, or an area thereof, the occupancy of which is for the religious rites and services and communal functions of a congregation, and which shall include sanctuaries, gathering halls, meeting rooms and offices and related facilities of the congregation, which may be located in the same, in connected, or in proximate structures.  History of Section.P.L. 1976, ch. 271,  1A; P.L. 1978, ch. 43,  1; P.L. 1978, ch. 155,  1; P.L. 1981, ch. 351,  1; P.L. 1984, ch. 63,  2; P.L. 1986, ch. 91,  1; P.L. 1986, ch. 146,  3; P.L. 1986, ch. 158,  1; P.L. 1991, ch. 158,  1; P.L. 2003, ch. 106,  3; P.L. 2003, ch. 107,  3; P.L. 2004, ch. 220,  1; P.L. 2004, ch. 225,  1; P.L. 2006, ch. 311,  1; P.L. 2006, ch. 506,  1. 
 23-28.1-6. Applicability to new or existing structures. (a) All regulations contained in this code apply to all structures unless specifically exempted. Prior to a building permit, other than a foundation permit, being issued, all plans for buildings regulated under this code shall be submitted to the authority having jurisdiction. The authority having jurisdiction shall approve or disapprove the completed set of plans within a reasonable time not to exceed fifteen (15) days for fire alarm, smoke detection and/or carbon monoxide detector plans. The authority having jurisdiction shall further approve or disapprove a completed set of plans, covering any other project, within the specific time lines recommended by the state fire marshal, and established on or before October 15, 2010 within the rules and regulations of the state fire safety code board. In no case shall the authority having jurisdictional review of a completed set of plans exceed ninety (90) days to complete that review without the express written approval of the state fire marshal. The failure of an authority having jurisdiction to comply within the timelines established pursuant to this section, may result in the issuance of a building permit. The above examination of plans may be waived by the authority having jurisdiction when the plans for the erection or alteration of a building are prepared by a professional engineer or architect, licensed and/or registered by the State of Rhode Island, and the professional engineer or architect has stated in a written, signed and stamped document, that he or she has supervised the preparation of the applicable architectural, structural, electrical, mechanical, fire alarm and/or sprinkler design contract documents, and that he or she will review and approve all working drawings for construction, conduct on-site supervision of the construction process throughout the project, and that the project shall, to the best of his or her knowledge conform to all provisions of the fire safety code, and all rules and regulations, formal interpretations and blanket variances adopted under its provisions. When a change of use or type of occupancy is made in an existing building, the building shall conform to the requirements established by the rehabilitation building and fire code for existing buildings and structures, or if the rehabilitation building and fire code for existing structures is not applicable, to the requirements for new structures as related to the proposed use or type of occupancy.  (b) In existing structures, since it is not always practical or efficient to strictly apply all of the provisions of the code, the authority having jurisdiction shall have the power to implement and enforce the provisions of the code as provided for in the Uniform Fire Code (NFPA 1) and the Life Safety Code (NFPA 101) with annexes, as applicable to existing structures, consistent with such rules and regulations as may be adopted and such decisions as may be rendered by the Fire Safety Code Board of Appeal and Review.  (c) Application of the code to new and existing structures shall be consistent with such blanket variances, variances, and rules, as may be approved by the Fire Safety Code Board of Appeal and Review, and such modifications as may be issued in writing by the authority having jurisdiction, in accordance with NFPA 101, with annexes.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1975, ch. 165,  1; P.L. 1978, ch. 43,  1; P.L. 2000, ch. 185,  3; P.L. 2000, ch. 290,  3; P.L. 2003, ch. 106,  3; P.L. 2003, ch. 107,  3; P.L. 2005, ch. 151,  3; P.L. 2005, ch. 155,  3; P.L. 2007, ch. 159,  2; P.L. 2007, ch. 275,  2; P.L. 2010, ch. 80,  1; P.L. 2010, ch. 83,  1. 
 23-28.1-7.1. Compliance extension for public school buildings. Notwithstanding any statute, rule, or regulation to the contrary, any provision of the code applicable to any public school building which requires compliance by a date certain shall be extended to a date no earlier than January 1, 2011.  History of Section.P.L. 2009, ch. 337,  1; P.L. 2009, ch. 338,  1. 
 23-28.1-7. Conformity required. (a) No building shall be constructed for, used for, or converted to, any occupancy regulated by the code, and no addition shall be made to a building except in accordance with the applicable provisions of the code or the rehabilitation building and fire code for existing buildings and structures, as applicable.  (b) Any existing structure that is not in conformity with the provisions of this code is governed by the following:  (1) The authority having jurisdiction is authorized to give building owners a reasonable notice of fire safety code violations and establish a timetable for compliance or, in cases of practical difficulty, establish a time by which the owner must petition to the fire safety code board for a variation.  (2) The fire marshal, or his or her designee within the division, or a nonsalaried deputy state fire marshal in accordance with guidelines established by the fire marshal, has the authority to summarily abate any condition that presents immediate danger to life, these conditions shall include improper management or use of flammable and combustible materials, liquids and gasses, pyrotechnics, fireworks or explosives, malfunctioning automatic sprinklers, fire alarms and emergency lighting, malfunctioning heating and electrical systems, and blocked or inadequate exits or means of egress, and such other conditions as may be established by the fire safety code board of appeal and review. A failure to abate a condition that presents a clear and immediate danger to life shall be grounds for the person issuing the order to abate, to require that the premises be vacated, this action shall be either authorized by the fire marshal or a designee of the fire marshal who has been given advanced written authority by the fire marshal to approve such actions.  (3) All new buildings and structures, for which a building permit is issued on or after the effective date of the adopted code, shall be subject to the provisions of the Rhode Island fire safety code addressing the new occupancy. All existing buildings and structures, and those buildings and structures for which a building permit was issued prior to the effective date of the adopted code, shall be subject to the provisions of the Rhode Island fire safety code addressing the existing occupancy. Any existing building or structure, subject to the provisions of the rehabilitation building and fire code for existing buildings and structures, shall also comply with the existing occupancy provisions of the Rhode Island fire safety code addressing the current or proposed occupancy. All active fire-protection systems, including, but not limited to: sprinklers, fire alarms, emergency lighting, smoke detectors and exit signs, previously required and installed in existing buildings, shall continue to be properly maintained.  (4) [Deleted by P.L. 2016, ch. 468,  2 and P.L. 2016, ch. 472,  2].  History of Section.P.L. 1966, ch. 216,  1; P.L. 1973, ch. 9,  1; P.L. 1973, ch. 176,  1; P.L. 1974, ch. 124,  1; P.L. 1975, ch. 165,  1; P.L. 1976, ch. 271,  1B; P.L. 1978, ch. 43,  1; P.L. 2000, ch. 185,  3; P.L. 2000, ch. 290,  3; P.L. 2003, ch. 106,  3; P.L. 2003, ch. 107,  3; P.L. 2004, ch. 220,  1; P.L. 2004, ch. 225,  1; P.L. 2012, ch. 294,  2; P.L. 2012, ch. 337,  2; P.L. 2016, ch. 468,  2; P.L. 2016, ch. 472,  2. 
 23-28.1-8, 23-28.1-9. Repealed. History of Section.P.L. 1985, ch. 493,  1; P.L. 1987, ch. 153,  1; P.L. 1987, ch. 180,  1; P.L. 1997, ch. 326,  68; P.L. 1996, ch. 407,  1; Repealed by P.L. 2004, ch. 220,  2, and by P.L. 2004, ch. 225,  2, effective June 30, 2004. 
 23-28.10-1  23-28.10-37. Repealed. History of Section.P.L. 1976, ch. 271,  6; P.L. 1990, ch. 72,  2; P.L. 1990, ch. 70,  1; Repealed by P.L. 2004, ch. 220,  11; P.L. 2004, ch. 225,  11, effective June 30, 2004. 
 23-28.11-1, 23-28.11-2. Repealed. History of Section.As enacted by P.L. 1976, ch. 271,  7; Repealed by P.L. 1980, ch. 301,  1. 
 23-28.11-10. Rules and regulations. The state fire marshal is hereby authorized and directed to promulgate reasonable rules and regulations governing the possession, sale wholesale and retail, and use of display fireworks and aerial consumer fireworks and pyrotechnics in the state.  History of Section.P.L. 1976, ch. 271,  7; P.L. 1994, ch. 419,  2; P.L. 2010, ch. 25,  2; P.L. 2010, ch. 28,  2. 
 23-28.11-11  23-28.11-32. Repealed. History of Section.G.L.,  23-28.11-11  23-28.11-32, as enacted by P.L. 1966, ch. 216,  1; P.L. 1968, ch. 130,  12; Repealed by P.L. 1976, ch. 271,  7. 
 23-28.11-3. Permits for storage, handling, transportation and display of display fireworks, aerial consumer fireworks, and pyrotechnics. (a) All storage, handling, transportation and display of fireworks shall be in accordance with the National Fire Protection Association (NFPA) Standard 1123 entitled Code for Fireworks Display 2006 Edition, and NFPA Standard 1124 entitled Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles 2006 Edition, and the requirements of this chapter. For purposes of this chapter,  28.11-3  28.11-10 of title 23 shall not apply to the storage, handling, transportation, use and (display) sale of ground-based hand-held devices (non-aerial consumer fireworks), novelties and other items exempted from the definition of display fireworks and aerial consumer fireworks in  11-13-1 Rhode Island explosive and fireworks code chapter 13 of title 11.  (b) All storage, handling, transportation and display of pyrotechnics shall be in accordance with the National Fire Protection Association (NFPA) Standard 1126 entitled Standard for the Use of Pyrotechnics before a Proximate Audience 2006 Edition, and NFPA Standard 1124 entitled Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles 2006 Edition, and the requirements of this chapter.  (c) Permits to possess and display display fireworks and aerial consumer fireworks or pyrotechnics shall be issued by the local fire authority on forms provided by the state fire marshal. No permit shall be issued until the applicants certificate of competency and insurance coverage is verified as being current and the applicant has submitted a fifty dollar ($50.00) fee. Verification will be determined by the state fire marshal office.  (d) No permit to possess and display display fireworks and aerial consumer fireworks or pyrotechnics shall be issued by the local fire authority until the applicant has first obtained a valid certificate of competency from the state fire marshal. For the purposes of this chapter, pyrotechnics means a chemical mixture, including pyrotech-compositions, intended to produce a visible and/or audible effect by combustion, deflagration or detonation before a proximate audience closer than allowed for outdoor display fireworks and aerial consumer fireworks displays as permitted under this chapter. All pyrotechnics shall be in accordance with the requirements of the National Fire Protection Association Standard 1126, entitled Use of Pyrotechnics Before A Proximate Audience, 2006 Edition, and the requirements of this chapter. For purposes of this chapter, display means to ignite, set-off or otherwise use.  (e) All fees collected pursuant to this section shall be deposited as general revenue.  History of Section.P.L. 1976, ch. 271,  7; P.L. 1994, ch. 419,  2; P.L. 2003, ch. 106,  9; P.L. 2003, ch. 107,  9; P.L. 2007, ch. 73, art. 33,  2; P.L. 2010, ch. 25,  2; P.L. 2010, ch. 28,  2. 
 23-28.11-4. Certificate of competency. (a) Every person desiring to obtain a certificate of competency to possess and display display fireworks and aerial consumer fireworks and/or pyrotechnics shall make application to the state fire marshal. A fee of ten dollars ($10.00) shall accompany each application and shall be for processing the application and for examination to be given within ninety (90) days of receipt of application to determine applicants experience and ability to conduct display fireworks and aerial consumer fireworks and/or pyrotechnics demonstrations. Separate applications, examinations and certificates shall be issued by the state fire marshal for fireworks and pyrotechnics and shall be in such form as the state fire marshal may require. The examinations herein provided for shall require the applicant to demonstrate adequate understanding of applicable NFPA requirements.  (b) Each applicant found to be qualified by examination shall forthwith be issued a certificate of competency upon payment of fifty dollars ($50.00) and submission of certification indicating satisfactory completion of psychiatric examination administered by a qualified physician within the previous year. All fees collected pursuant to this section shall be deposited as general revenue.  History of Section.P.L. 1976, ch. 271,  7; P.L. 1979, ch. 128,  1; P.L. 1993, ch. 138, art. 49,  1; P.L. 1994, ch. 419,  2; P.L. 1995, ch. 370, art. 40,  76; P.L. 2003, ch. 106,  9; P.L. 2003, ch. 107,  9; P.L. 2010, ch. 25,  2; P.L. 2010, ch. 28,  2. 
 23-28.11-5. Duration  Expiration  Renewal  Duplication. Every certificate issued shall be valid for one year, and shall be renewable without examination, except as herein provided, on March first after the original date of issue upon payment of fifty dollars ($50.00). Any holder of a certificate whose certificate was lost, misplaced, or stolen may obtain a duplicate certificate from the state fire marshal upon payment of ten dollars ($10.00). No renewal shall be issued after July 1, 2003, unless the applicant for the renewal shall demonstrate adequate familiarity to the satisfaction of the Fire Marshal with applicable NFPA requirements, which demonstration may be made by passing an appropriate examination.  History of Section.P.L. 1976, ch. 271,  7; P.L. 1979, ch. 128,  1; P.L. 1993, ch. 138, art. 49,  1; P.L. 1994, ch. 419,  2; P.L. 2003, ch. 106,  9; P.L. 2003, ch. 107,  9. 
 23-28.11-6. Right of denial  Suspension or revocation. The state fire marshal is empowered to deny an examination to any applicant who has been convicted of a common law crime, statutory burning, the violation of any explosive or fireworks or pyrotechnics law or rule or regulation, or who falsely completes an application. The fire marshal is further empowered to immediately suspend or revoke for a minimum period of one year the certificate of any holder found to be in violation of this law or a rule and regulation relating to fireworks, or pyrotechnics or convicted of a crime of common law, or statutory burning.  History of Section.P.L. 1976, ch. 271,  7; P.L. 1994, ch. 419,  2. 
 23-28.11-7. Financial responsibility. No permit shall be issued to any applicant desiring to possess and display display fireworks and aerial consumer fireworks and/or pyrotechnics until the applicant furnishes to the local fire authority satisfactory proof of financial responsibility in an amount not less than one million dollars ($1,000,000) to satisfy claims for damage to property or persons resulting from the possession or use of display fireworks and aerial consumer fireworks and/or pyrotechnics. The local fire authority may require additional financial responsibility as he or she may deem necessary due to existing conditions.  History of Section.P.L. 1976, ch. 271,  7; P.L. 1994, ch. 419,  2; P.L. 2003, ch. 106,  9; P.L. 2003, ch. 107,  9; P.L. 2010, ch. 25,  2; P.L. 2010, ch. 28,  2. 
 23-28.11-8. Nonresident. No permit shall be issued under the provisions of this chapter to a nonresident person to conduct a display fireworks and aerial consumer fireworks and/or pyrotechnics display in this state, until that person shall have appointed in writing a member of the Rhode Island bar association to be his or her attorney upon whom all processes in any action or proceeding against the person may be served.  History of Section.P.L. 1976, ch. 271,  7; P.L. 1994, ch. 419,  2; P.L. 2010, ch. 25,  2; P.L. 2010, ch. 28,  2. 
 23-28.11-9. Violations. (a) Any person found to be in violation of the provisions of this chapter relating to possession of display fireworks and aerial consumer fireworks or pyrotechnics shall be fined not less than one hundred ($100) nor more than five hundred dollars ($500) or imprisoned for not more than one year. Any person found to be in violation of the provisions of this chapter relating to use or display of display fireworks and aerial consumer fireworks or pyrotechnics shall be guilty of a felony, and shall be fined not less than one thousand dollars ($1,000), or imprisoned for not more than five (5) years, or both.  (b) The state fire marshal or the fire marshals deputies or any officer qualified to serve criminal process may arrest without a warrant any person found in violation of this chapter and shall seize immediately any and all of the display fireworks and aerial consumer fireworks and/or pyrotechnics in illegal use, possession, or under that persons control, and the display fireworks and aerial consumer fireworks seized shall upon conviction of the person be forfeited to the state.  (c) Notice of the seizure of the display fireworks and aerial consumer fireworks and/or pyrotechnics shall immediately be sent to the marshal by the officer making the seizure and the fireworks and/or pyrotechnics seized shall be held and securely stored by that department until the marshal or the marshals authorized explosives technician takes them into his or her possession for disposal.  History of Section.P.L. 1976, ch. 271,  7; P.L. 1994, ch. 419,  2; P.L. 2003, ch. 106,  9; P.L. 2003, ch. 107,  9; P.L. 2010, ch. 25,  2; P.L. 2010, ch. 28,  2. 
   23-28.12-1  23-28.12-14. Repealed. History of Section.P.L. 1976, ch. 271,  8; P.L. 1977, ch. 97,  1; P.L. 1977, ch. 120,  1; P.L. 1981, ch. 352,  1; P.L. 1989, ch. 542,  58; P.L. 1991, ch. 67,  10-12; P.L. 1992, ch. 90,  1; Repealed by P.L. 2004, ch. 220,  12; P.L. 2004, ch. 225,  12, effective June 30, 2004. 
   23-28.12-15. Fire alarm systems. (a) It shall be the duty of the principal or other person in charge of every public school or private school, college, university, or postsecondary institution or educational institution within the state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of drills, so that they may, in a sudden emergency, be able to leave school buildings and dormitories in the shortest possible time and without confusion or panic. Notwithstanding other provisions of this section, in all schools or buildings used for educational purposes through the twelfth (12th) grade by six (6) or more persons for four (4) or more hours per day or more than twelve (12) hours per week, there shall be not less than one emergency egress drill conducted every month the facility is in session with all occupants of the building participating in said drill. One additional emergency egress drill shall be conducted in buildings that are not open on a year-round basis within the first (1st) thirty (30) days of operation. At least one out of every four (4) emergency egress drills or rapid dismissals shall be obstructed by means of which at least one or more exits and stairways in the school building are blocked off or not used. In addition, there shall be two (2) evacuation drills and two (2) lockdown drills. Evacuation drills shall be designed and conducted for use when conditions outside the school building are safer than conditions inside the building. Lockdown drills shall be designed and conducted for use to protect school building occupants from potential dangers in the building, and one shall be held in September and one in January, and in conjunction with the local police whenever possible.  (b)(1) In colleges, universities, postsecondary institutions, and residence facilities in public schools or private schools, there shall be at least four (4) drills or rapid dismissals during the academic year for each school building or residence facility, at least two (2) of which shall be held between the months of September through December. The remaining two (2) drills shall be held between the months of January through June. Any college, university, or postsecondary institution that holds a summer session shall hold a drill or rapid dismissal during the first (1st) full week of the summer session.  (2) At least one drill or rapid dismissal shall be obstructed so that at least one or more exits or stairways in the school building or dormitory are blocked off or not used.  (c) For purposes of this section, residence facility means a dormitory, fraternity, sorority, or any other type of residence hall, whether on campus or off campus, owned or leased by a college, university, postsecondary institution, public school, or private school with accommodations for twenty (20) or more students.  (d) Notwithstanding other provisions of this section, fire drills shall be required in colleges or universities only for buildings that are used as a residence facility.  (e) Neglect by any principal or any person in charge of any public or private school or educational institution to comply with the provisions of this section shall be a violation punishable by a fine not exceeding two hundred dollars ($200).  (f) Written reports, on forms supplied by the department of elementary and secondary education, of each fire drill shall be completed immediately upon termination of every drill and shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a fire drill be conducted in his or her presence.  History of Section.P.L. 1976, ch. 271,  8; P.L. 1983, ch. 245,  5; P.L. 2004, ch. 220,  13; P.L. 2004, ch. 225,  13; P.L. 2013, ch. 337,  2; P.L. 2013, ch. 439,  2; P.L. 2014, ch. 153,  1; P.L. 2014, ch. 170,  1. 
   23-28.12-16  23-28.12-20.2. Repealed. History of Section.P.L. 1976, ch. 271,  8; P.L. 1991, ch. 67,  13; Repealed by P.L. 2004, ch. 220,  12; P.L. 2004, ch. 225,  12, effective June 30, 2004. 
   23-28.12-21  23-28.12-35. Repealed. History of Section.P.L. 1976, ch. 271,  8; P.L. 1989, ch. 542,  58; P.L. 1991, ch. 67,  14-16; P.L. 1997, ch. 326,  98; Repealed by P.L. 2004, ch. 220,  12; P.L. 2004, ch. 225,  12, effective June 30, 2004. 
   23-28.12-36. Fire alarm systems  Fire drills  Penalties. (a) It shall be the duty of the principal or other person in charge of every public school or private school, college, university, or postsecondary institutions or educational institution within the state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of drills, so that they may, in a sudden emergency, be able to leave school buildings and dormitories in the shortest possible time and without confusion or panic. Notwithstanding other provisions of this section, in all schools or buildings used for educational purposes through the twelfth (12th) grade by six (6) or more persons for four (4) or more hours per day or more than twelve (12) hours per week, there shall be not less than one emergency egress drill conducted every month the facility is in session with all occupants of the building participating in said drill. One additional emergency egress drill shall be conducted in buildings that are not open on a year-round basis within the first (1st) thirty (30) days of operation. At least one out of every four (4) emergency egress drills or rapid dismissals shall be obstructed by means of which at least one or more exits and stairways in the school building are blocked off or not used. In addition, there shall be two (2) evacuation drills and two (2) lockdown drills. Evacuation drills shall be designed and conducted for use when conditions outside the school building are safer than conditions inside the building. Lockdown drills shall be designed and conducted for use to protect school building occupants from potential dangers in the building, and one shall be held in September and one in January, and in conjunction with the local police whenever possible.  (b)(1) In colleges, universities, postsecondary institutions, and residence facilities in public schools or private schools there shall be at least four (4) drills or rapid dismissals during the academic year for each school building or residence facility, at least two (2) of which shall be held between the months of September through December. The remaining two (2) drills shall be held between the months of January through June. Any college, university, or postsecondary institution that holds a summer session shall hold a drill or rapid dismissal during the first (1st) full week of the summer session.  (2) At least one drill or rapid dismissal shall be obstructed so that at least one or more exits or stairways in the school building or dormitory are blocked off or not used.  (c) For purposes of this section, residence facility means a dormitory, fraternity, sorority, or any other type of residence hall, whether on campus or off campus, owned or leased by a college, university, postsecondary institution, public school, or private school with accommodations for twenty (20) or more students.  (d) Notwithstanding other provisions of this section, fire drills shall be required in colleges or universities only for buildings that are used as a residence facility.  (e) Neglect by any principal or any person in charge of any public or private school or education institution to comply with the provisions of this section shall be a violation punishable by a fine of not exceeding two hundred dollars ($200).  (f) Written reports, on forms supplied by the department of elementary and secondary education, of each fire drill shall be completed immediately upon termination of every drill and shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a fire drill be conducted in his or her presence.  History of Section.P.L. 1976, ch. 271,  8; P.L. 2004, ch. 220,  13; P.L. 2004, ch. 225,  13; P.L. 2013, ch. 337,  2; P.L. 2013, ch. 439,  2; P.L. 2014, ch. 153,  1; P.L. 2014, ch. 170,  1. 
   23-28.12-37  23-28.12-42. Repealed. History of Section.P.L. 1976, ch. 271,  8; P.L. 1989, ch. 542,  58; P.L. 1991, ch. 67,  17; Repealed by P.L. 2004, ch. 220,  12; P.L. 2004, ch. 225,  12, effective June 30, 2004. 
 23-28.13-1  23-28.13-26. Repealed. History of Section.P.L. 1976, ch. 271,  9; P.L. 1983, ch. 245,  6; P.L. 1984, ch. 125,  1; P.L. 1986, ch. 146,  1; P.L. 1990, ch. 72,  3; P.L. 1991, ch. 67,  18-20; P.L. 1997, ch. 326,  37; Repealed by P.L. 2004, ch. 220,  14; P.L. 2004, ch. 225,  14, effective June 30, 2004. 
 23-28.13-26.1. Provisions applicable to boarding homes for children. Sections 23-28.13-27  23-28.13-33 pertain to homes for the boarding of children and family day care homes licensed by the state department of children, youth, and families.  History of Section.P.L. 1976, ch. 271,  9; P.L. 1986, ch. 146,  2. 
 23-28.13-27. Boarding homes for children  Egress facilities required. (a) Each story of every home used for the boarding of children shall have at least two (2) means of egress. Exits shall be located remotely from each other providing the best practicable means of egress for all occupants in the event fire renders one exit impassable.  (b) Homes not over two (2) stories in height which do not have the required two (2) means of egress from each story will require the installation of fire escapes. Windows will be approved as a means of egress, provided they can be opened to give a clear unobstructed width of not less than two feet six inches (26") and a height of not less than three feet (3). Platforms with a ladder extending to within six feet (6) of the ground will be permitted. In lieu of a second means of egress, a smoke detector of a type approved by the fire marshals office shall be properly installed and maintained in accordance with the regulations established by the Fire Safety Code Board of Appeal & Review.  (c) Access to fire escapes and outside stairways shall be unobstructed and shall provide safe, adequate, and convenient means of exit.  History of Section.P.L. 1976, ch. 271,  9; P.L. 1991, ch. 67,  21; P.L. 2004, ch. 220,  15; P.L. 2004, ch. 225,  15. 
 23-28.13-28. Boarding homes for children  Basements  Heating units. (a) The use of basements shall not be allowed for sleeping quarters.  (b) Levels below ground, not considered as a basement as defined in this code, and levels on grade with sleeping quarters with a central heating unit contained therein shall be segregated by partitions and doors having a one hour fire resistant rating. Enclosures shall be provided with an air vent to the outside sufficient for proper combustion and exhaust.  History of Section.P.L. 1976, ch. 271,  9; P.L. 1997, ch. 326,  37; P.L. 2004, ch. 220,  15; P.L. 2004, ch. 225,  15. 
 23-28.13-29. Boarding homes for children  Maximum occupancy. The number of children housed in each sleeping room and compartment shall not exceed the rate of fifty square feet (50 sq. ft.) for a child in a junior size bed and/or one infant in a bassinet for each twenty-four square feet (24 sq. ft.). The total occupancy determined in this manner shall be termed maximum occupancy.  History of Section.P.L. 1976, ch. 271,  9. 
 23-28.13-30. Boarding homes for children  Electrical wiring. (a) All electrical wiring shall be in accordance with the national electrical code and shall comply in every respect with accepted standards.  (b) The use of electrical extension cords for all appliances shall not be allowed.  History of Section.P.L. 1976, ch. 271,  9. 
 23-28.13-31. Boarding homes for children  Heating equipment  Safety devices. Oil and gas burners shall be equipped with proper devices for automatic lighting, controls for oil or gas flow temperatures, and other proper safety devices. Oil and gas burners also shall be installed with an auxiliary switch wired to position in location providing operation remote from any fire danger area.  History of Section.P.L. 1976, ch. 271,  9. 
 23-28.13-32. Boarding homes for children  Fire stopping. (a) Exterior walls of frame construction and interior stud partitions shall be fire-stopped by a two inch (2") thick timber or plate or masonry filling, completely closing any possible vertical opening at the ceiling of the basement.  (b) In existing buildings, exterior walls of frame construction and interior stud partitions shall be completely fire-stopped by a timber of not less than two inches (2") in thickness or other suitable noncombustible material completely closing any possible vertical openings, open joist channels, and stud spaces, at the ceiling of the basement.  History of Section.P.L. 1976, ch. 271,  9. 
 23-28.13-33. Boarding homes for children  Housekeeping. (a) All homes for the boarding of children and other occupancies within buildings containing homes for boarding children shall be kept clean and in a tidy condition, and free from the accumulation of combustible debris or other waste material.  (b) All corridors, passageways, stairways, and fire escapes shall be kept clear of all storage at all times.  History of Section.P.L. 1976, ch. 271,  9. 
 23-28.13-34. Installation of smoke detectors in foster care units and in group care units. (a) All group care residential units in which a child is placed by the department of children, youth, and families or by any private agency, society, or institution licensed to place children shall be equipped with a hard wire smoke detector system in accordance with the regulations established by the Fire Safety Code Board of Appeal & Review. All of the residential units in which children are placed shall be equipped with a hard wire smoke detector system listed and/or approved by underwriters factory mutual or some other nationally recognized testing laboratory approved by the state fire marshal, except any camp or tourist camp as defined in  44-18-7(e). Each battery pack or hard wire smoke detector system shall be inspected by the department of children, youth, and families at least once each year. Installation of hard wire smoke detectors shall be completed on or before January 1, 1995, for those group care residential units not currently in compliance with this section.  (b) All foster care units in which a foster child is placed by the department of children, youth, and families or any private agency, society or institution licensed to place children shall be equipped with either a battery pack or hard wire smoke detector system. All other provisions of this section shall otherwise apply to foster homes.  (c) In addition to the locations specified in the regulations established by the Fire Safety Code Board of Appeal & Review, approved smoke detectors required by this section shall be located in all common hallways. Any violation of this section shall be punishable by a fine of not more than one hundred dollars ($100) for each offense.  History of Section.P.L. 1987, ch. 562,  1; P.L. 1994, ch. 382,  2; P.L. 2004, ch. 220,  15; P.L. 2004, ch. 225,  15. 
 23-28.13-35. Repealed. History of Section.This section (P.L. 1976, ch. 271,  9), concerning fire safety equipment in high rise buildings, was repealed by P.L. 1987, ch. 67,  4, effective June 16, 1987. For present provisions of law, see chapter 27.3 of this title. 
 23-28.14-1  23-28.14-13. Repealed. History of Section.P.L. 1976, ch. 271,  10; P.L. 1983, ch. 245,  7; P.L. 1990, ch. 72,  4; P.L. 1991, ch. 67,  22, 23; P.L. 1997, ch. 326,  89; Repealed by P.L. 2004, ch. 220,  16; P.L. 2004, ch. 225,  16, effective June 30, 2004. 
 23-28.15-1  23-28.15-20. Repealed. History of Section.P.L. 1976, ch. 271,  11; P.L. 1978, ch. 391,  1; P.L. 1983, ch. 245,  8; P.L. 1990, ch. 164,  1; P.L. 1991, ch. 67,  24-26; P.L. 1992, ch. 90,  2; P.L. 1994, ch. 254,  1; P.L. 1997, ch. 326,  38; Repealed by P.L. 2004, ch. 220,  17; P.L. 2004, ch. 225,  17, effective June 30, 2004. 
 23-28.15-21. Release of children to proper persons. (a) Every operator or employee of a child day care center, prior to releasing physical custody of any child to any person, shall first insure that the person to whom physical custody is released is a proper person for the childs custody.  (b) A proper person for the childs custody shall be a person whose name has been furnished and updated annually to the child day care center by a parent or legal guardian of the child, and whose identity can be verified by a proper identification card bearing his or her photograph.  History of Section.P.L. 1992, ch. 311,  1. 
 23-28.15-22. Cardiopulmonary resuscitation training. All day care centers shall require that at least fifty percent (50%) of their personnel have current certifications in the life-saving technique, including the children and infant technique, known as cardiopulmonary resuscitation (CPR), in accordance with the criteria submitted by the American Heart Association, Rhode Island Affiliate, Inc., or the American Red Cross Greater Rhode Island Chapter, such as has been submitted to the department of elementary and secondary education pursuant to the provisions of  23-6.1-3. Provided, further that at least one staff member with a current certification in CPR shall be on duty at all times during regular operating hours of a day care center.  History of Section.P.L. 1993, ch. 257,  1. 
 23-28.15-23. Smoking prohibited. (a) No person shall smoke, chew, or otherwise use tobacco products in the buildings or outdoor play areas of a licensed child day care center, as defined in  23-28.1-5(21), or in any vehicle used by the center for transporting children or in outside areas on the grounds or premises within twenty-five (25) feet of buildings or outdoor play areas; provided, further, that smoking shall not occur in any area on the grounds or premises within the childrens view. The administrator of a child day care center shall post in a conspicuous place in the center a notice stating that smoking is prohibited in the facility and its vehicles and on its grounds.  (b) No person shall smoke, chew, or otherwise use tobacco products within the household or outdoor play areas of a family day care home as defined in  23-28.1-5(33) or a group family day care home as defined in  23-28.15-1.2 or in outside areas on the grounds or premises within twenty-five (25) feet of the home or outdoor play areas; nor shall smoking occur in any area on the grounds or premises within the childrens view, during the period of time when individuals receiving day care services are present. Smoking may be permitted during hours in which individuals receiving day care are not present; provided, however, that the day care provider shall notify the parent, custodian, or guardian of each individual receiving day care services that smoking routinely occurs in the home during hours when the home is not in operation.  (c) For purposes of this section, tobacco product usage means the smoking or use of any substance or item which contains tobacco, including but not limited to cigarettes, cigars, pipes, or other smoking tobacco, or the use of snuff or smokeless tobacco, or having in ones possession a lit cigarette, cigar, pipe, or other publicly visible substance or item containing tobacco.  (d) Nothing in this section shall be construed to prohibit a city or town from enacting or enforcing an ordinance relating to tobacco use in a facility providing day care services if the ordinance is more stringent than this section.  History of Section.P.L. 2000, ch. 218,  1; P.L. 2000, ch. 222,  1. 
 23-28.16-1  23-28.16-18. Repealed. History of Section.P.L. 1976, ch. 271,  12; P.L. 1978, ch. 148,  1; P.L. 1982, ch. 269,  2; P.L. 1983, ch. 245,  9; P.L. 1983, ch. 256,  1; P.L. 1990, ch. 72,  5; P.L. 1991, ch. 67,  27, 28; P.L. 1997, ch. 326,  90; Repealed by P.L. 2004, ch. 220,  18; P.L. 2004, ch. 225,  18, effective June 30, 2004. 
 23-28.17-1  23-28.17-16. Repealed. History of Section.P.L. 1976, ch. 271,  13; P.L. 1978, ch. 45,  1; P.L. 1978, ch. 49,  1; P.L. 1979, ch. 90,  1; P.L. 1983, ch. 245,  10; P.L. 1985, ch. 504,  1; P.L. 1985, ch. 507,  1; P.L. 1991, ch. 67,  29, 30; P.L. 1991, ch. 71,  1; P.L. 1992, ch. 90,  3; Repealed by P.L. 2004, ch. 220,  19; P.L. 2004, ch. 225,  19, effective June 30, 2004. 
 23-28.18-1  23-28.18-23. Repealed. History of Section.P.L. 1976, ch. 271,  14; P.L. 1991, ch. 54,  1; P.L. 1994, ch. 256,  1; Repealed by P.L. 2004, ch. 220,  20; P.L. 2004, ch. 225,  20, effective June 30, 2004. 
 23-28.19-1. Tents for which license required  Application and issuance. (a) No tent exceeding three hundred fifty square feet (350 sq. ft.) in area shall be erected, maintained, operated, or used in any city or town in this state except under a license from the licensing authorities of the city or town. The license shall not be issued for a period exceeding thirty (30) days and shall be revocable for cause. Application shall be made on proper form and, when deemed necessary by the licensing authorities, shall include plans drawn to scale, showing exits, aisles, and seating arrangements and details of the structural support of tent, seats, and platforms, etc. No license shall be issued until the provisions of this chapter have been complied with, and approval has been obtained from the building department, the police department, the fire department, and, when tents are to be used for fifty (50) or more persons, from each and every department having jurisdiction over places of assembly.  (b) For the purposes of this section, the fire marshal shall have no jurisdiction over tents on the property of one-(1) or two-(2) family private dwellings. Nothing contained in this section shall prohibit the fire marshal from requiring a license for a tent smaller than three hundred fifty square feet (350 sq. ft.) where other sections of the fire code deem it necessary, including, but not limited to, use, occupancy, opening, exposure, an increase in occupancy of a commercial establishment, and any other similar factors.  (c) The state fire marshal shall provide training to all assistant deputy fire marshals as defined by  23-28.2-9 as soon as practicable to ensure the consistent enforcement of the fire safety code pursuant to  23-28.2-4.  History of Section.P.L. 1976, ch. 271,  15; P.L. 2014, ch. 229,  1; P.L. 2014, ch. 328,  1. 
 23-28.19-11. Smoking regulations. Signs prohibiting smoking shall be prominently displayed at all entrances and at other locations within any tent used as a place of assembly, so that they may be clearly visible to all occupants. Frequent announcements regarding the prohibition shall be made, preferably over a public address system if available. Suitable non-combustible containers shall be provided at all entrances for the proper disposition of cigar or cigarette butts and pipe dottle, and a uniformed attendant shall be stationed at the locations to advise patrons of the no smoking regulations.  History of Section.P.L. 1976, ch. 271,  15. 
 23-28.19-12. Repealed. History of Section.P.L. 1976, ch. 271,  15; Repealed by P.L. 2004, ch. 220,  21; P.L. 2004, ch. 225,  21, effective June 30, 2004. 
 23-28.19-13. Filling of gasoline appliances. All automobiles, trucks, tractors, lighting equipment, and other equipment using gasoline shall be filled with approved safety cans or by hose from fixed pumps, from wheeled tanks with pumps, or a pump from a tank wagon located not closer than twenty-five feet (25) to any tent.  History of Section.P.L. 1976, ch. 271,  15. 
 23-28.19-14. Survey by fire chief  Fire appliances. (a) The chief of the fire department shall survey, or cause to be surveyed, each tent for which a permit has been granted, after it is erected, and if it is to be used as a place of assembly, before it is occupied. The chief of the fire department shall require installation of such fire appliances as are deemed necessary, and designate their location. The fire appliances may consist of water tanks, pumps, hose, water buckets, extinguishers, and fireproof blankets.  (b) All fire appliances shall be kept in working condition and all pumps and hose, when used in connection with tank wagons, shall be inspected, and tested, if deemed necessary, prior to the occupancy of the tent. Portable extinguishers and similar appliances shall be properly distributed and readily accessible. It shall be the duty of the owner or manager of each exhibition to properly train sufficient responsible employees in the use of fire equipment so that it can be quickly put in operation; the chief of the fire department may require these employees to prove their fitness.  History of Section.P.L. 1976, ch. 271,  15. 
 23-28.19-15. Detail of firefighters. (a) Uniformed firefighters shall be detailed to all circuses, carnivals, or other exhibitions where large crowds assemble. They shall familiarize themselves with all fire protection facilities and fire prevention features, and with the condition of exits, and shall patrol the entire area of the tent during the time it is occupied. Special police officers or firefighters should see that overcrowding is not permitted, that aisles and exitways are kept open, and that no smoking rules are observed.  (b)(1) All tents with a capacity of one thousand (1000) or more persons shall have a minimum of two (2) uniformed fire fighters and any additional firefighters on duty when deemed necessary by the chief of the local fire department.  (2) All tents with a capacity of three hundred and one (301) to one thousand (1000) persons shall have a minimum of one uniformed firefighter and any additional firefighters on duty when deemed necessary by the chief of the local fire department.  (3) All tents with a capacity of fifty (50) to three hundred (300) persons shall have a minimum of one uniformed firefighter and any additional firefighters on duty when deemed necessary by the chief of the local fire department. This requirement may be waived by the chief of the local fire department.  History of Section.P.L. 1976, ch. 271,  15. 
 23-28.19-16. Seating. No proprietors of any performance tent, and no managers or other person or persons in charge thereof, shall suffer or permit any person to stand or sit, and no person shall stand or sit, in any aisle or passageway or open space around a ring enclosure in any tent, in which seats are furnished spectators, during the time of any show or performance, or while spectators are present; and no proprietors, managers, or other person or persons shall sell or cause to be sold any greater number of tickets of admission to the tent, for any show or performance therein at a given time, than the number of seats furnished therein, and none of the same shall cause or permit any greater number of persons to enter the tent to attend any show or performance than the number of seats furnished therein; provided, that the provisions hereof shall not apply to police officers, ushers, or other persons employed or having duties to perform therein. Any person violating any provision of this section shall be fined not exceeding five hundred dollars ($500) for each offense.  History of Section.P.L. 1976, ch. 271,  15. 
 23-28.19-17  23-28.19-20. Repealed. History of Section.P.L. 1976, ch. 271,  15; P.L. 1991, ch. 67,  34; Repealed by P.L. 2004, ch. 220,  21; P.L. 2004, ch. 225,  21, effective June 30, 2004. 
 23-28.19-2  23-28.19-10. Repealed. History of Section.P.L. 1976, ch. 271,  15; P.L. 1984, ch. 60,  1; P.L. 1993, ch. 325,  1; Repealed by P.L. 2004, ch. 220,  21; P.L. 2004, ch. 225,  21, effective June 30, 2004. 
 23-28.2-1. Establishment of office of the state fire marshal. There shall be an office of the state fire marshal within the department of business regulations division of building, design and fire professionals, the head of which office shall be the state fire marshal. The state fire marshal shall be appointed by the governor with the advice and consent of the senate and shall serve for a period of five (5) years. During the term the state fire marshal may be removed from office by the governor for just cause. All authority, powers, duties and responsibilities previously vested in the division of fire safety are hereby transferred to the office of the state fire marshal.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1973, ch. 176,  2; P.L. 1975, ch. 165,  3; P.L. 1978, ch. 281,  1; P.L. 1998, ch. 75,  1; P.L. 2008, ch. 100, art. 9,  5; P.L. 2018, ch. 47, art. 3,  4. 
 23-28.2-10. Reports of fires. (a) Every fire occurring in this state shall be reported in writing to the state fire marshals office within the first ten (10) days of the month following the month in which the fire occurred by the nonsalaried assistant deputy state fire marshals as may be designated for that purpose. The report shall be in the form prescribed by the state fire marshal and shall contain a statement of all facts relating to the cause and origin of the fire that can be ascertained, the extent of damage caused thereby, and the amount of insurance upon the property, and such other information as the state fire marshal may require.  (b) Every insurance company, adjusting a fire loss wherein the damage exceeds one thousand dollars ($1,000) or where the cause is determined to be or suspected of being incendiary, shall forward immediately to the fire department, providing protection for the area in which the fire occurred, a report of the fire on a form prescribed by the state fire marshal.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-9; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-7; P.L. 1975, ch. 165,  7; P.L. 1978, ch. 281,  1; 1981, ch. 213,  1. 
 23-28.2-11. Investigation of fires and attempted fires. (a) The state fire marshal, and/or any of the deputy state fire marshals or assistant state fire marshals, may investigate any fire, or apparently attempted fire, and shall investigate the cause, origin, and circumstances of every fire of suspicious origin, by which property has been damaged or destroyed, or apparently attempted fire, and any fire where a fatality occurs as the result of the fire and, so far as it is possible, determine the cause of the fire. The investigation shall begin immediately after the occurrence of the fire, and local government officials shall cooperate completely and assist the state fire marshals office in all phases of the investigation.  (b) It shall be the responsibility of the local authority having jurisdiction to notify the state fire marshals office of any fire of suspicious or incendiary origin or where death may have resulted from the fire. The fire marshal shall adopt notification procedures.  (c) The state fire marshal, and/or any of the deputy state fire marshals or assistant state fire marshals, and/or municipal officials, including, without limitation, police, fire, and building officials, shall prohibit any and all insurance adjusters, contractors, and restoration companies from entering onto the property where the fire occurred to engage in any solicitation or inspection of the fire loss without the consent of the owner or occupant of the property and not until such time as either the municipal fire department and/or the state fire marshal, deputy state fire marshal, or assistant state fire marshal releases control of the premises back to its legal owner(s) or occupant(s).  (d) Any insurance adjuster, contractor, or restoration company in violation of the provisions of subsection (c) shall be subject to a civil penalty of one thousand dollars ($1,000) for each violation and may be subject to revocation of the appropriate professional license or registration.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-10; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-8; P.L. 1975, ch. 165,  7; P.L. 1982, ch. 87,  1; P.L. 2016, ch. 379,  1; P.L. 2016, ch. 393,  1; P.L. 2017, ch. 35,  1; P.L. 2017, ch. 40,  1; P.L. 2022, ch. 364,  1, effective June 29, 2022; P.L. 2022, ch. 365,  1, effective June 29, 2022. 
 23-28.2-12. Witnesses in investigations. For the purpose of the investigation, the state fire marshal and/or the deputy state fire marshals may issue warrants for and compel the attendance of witnesses before them as if the witnesses had been summoned on the part of the state to attend court in criminal cases. The testimony of all witnesses examined in the investigation shall be given under oath and reduced to writing by the fire marshal, or by some other person by direction of the fire marshal, and shall be subscribed by the witnesses. Every person examined in the investigation, who shall willfully swear or affirm falsely in regard to any matter or thing respecting which oath or affirmation is required, shall be guilty of perjury. Upon the presentation of satisfactory proof of due service of the summons upon the witness, and of a failure by the witness to obey the summons, to any justice of a district court or officer authorized to issue warrants under the laws of the state, the justice or officer shall issue a warrant to bring the witness before the fire marshal to testify what the witness may know in relation to the subject matter of inquiry. The warrant may be executed by any officer authorized by law to serve a warrant by arresting and bringing the witness before the state fire marshal or the deputy state fire marshal.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-11; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-9; P.L. 1975, ch. 165,  7. 
 23-28.2-13. Reports of investigations. If upon investigation, the fire marshal believes that the evidence is sufficient to charge any person with the commission of any offense, the fire marshal shall report that belief to the attorney general. The fire marshal shall make a report of the investigation and belief in writing and the report shall be filed in the office of the state fire marshal within ten (10) days after the making thereof.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-12; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-10; P.L. 1975, ch. 165,  8; P.L. 1997, ch. 326,  67. 
 23-28.2-14. Enforcement. (a) Within the office of the state fire marshal, there shall be an enforcement unit responsible for the initiation of criminal prosecution of or civil proceedings against any person(s) in violation of the state Fire Safety Code or failure to comply with an order to abate conditions that constitute a violation of the Fire Safety Code, chapters 28.1  28.39 of this title, and any rules or regulations added thereunder and/or the general public laws of the state as they relate to fires, fire prevention, fire inspections, and fire investigations. This unit will consist of the state fire marshal, chief deputy state fire marshal, chief of technical services, explosive technician, assistant explosive technicians, and the arson investigative staff, each of whom must satisfactorily complete at the Rhode Island state police training academy an appropriate course of training in law enforcement or must have previously completed a comparable course. To fulfill their responsibilities, this unit shall have and may exercise in any part of the state all powers of sheriffs, deputy sheriffs, town sergeants, chiefs of police, police officers, and constables.  (b) The State Fire Marshal shall have the power to implement a system of enforcement to achieve compliance with the fire safety code, which shall include inspections as provided for in  23-28.2-20, the issuance of formal notices of violation in accordance with  23-28.2-20.1, and the issuance of citations in a form approved by the State Fire Marshal and the Chief Judge of the District Court. The State Fire Marshal, and his or her designee(s) as outlined in this chapter, may use the above systems of enforcement individually or in any combination to enforce the State Fire Safety Code.  (c) The State Fire Marshal and all persons designated specifically in writing by the State Fire Marshal shall have the power to issue the citations referenced in this chapter.  (d) The following categories of violation of the Fire Safety Code that can be identified through inspection shall be considered criminal violations of the Fire Safety Code and be subject to the above issuance of citations:  (1) Impediments to Egress:  (A) Exit doors locked so as to prevent egress.  (B) Blocked means of egress (other than locking and includes any portion of the exit access, exit or exit discharge).  (C) Marking of exits or the routes to exits has become obstructed and is not clearly visible.  (D) Artificial lighting needed for orderly evacuation is not functioning properly (this section does not include emergency lighting).  (2) Maintenance:  (A) Required devices, equipment, system, condition, arrangement, or other features not continuously maintained.  (B) Equipment requiring periodic testing or operation, to ensure its maintenance, is not being tested or operated.  (C) Owner of building where a fire alarm system is installed has not provided written evidence that there is a testing and maintenance program in force providing for periodic testing of the system.  (D) Twenty-four-hour emergency telephone number of building owner or owners representative is not posted at the fire alarm control unit or the posted number is not current.  (3) Fire Department Access and Water Supply:  (A) The required width or length of a previously approved fire department access road (fire lane) is obstructed by parked vehicles or other impediments.  (B) Fire department access to fire hydrants or other approved water supplies is blocked or impeded.  (4) Fire Protection Systems:  (A) Obstructions are placed or kept near fire department inlet connections or fire protection system control valves preventing them from being either visible or accessible.  (B) The owner, designated agent, or occupant of the property has not had required fire extinguishers inspected, maintained, or recharged.  (5) Admissions supervised:  (A) Persons responsible for supervising admissions to places of assembly, and/or any sub-classifications thereof, have allowed admissions in excess of the maximum occupancy posted by the State Fire Marshal or his or her designee.  The terms used in the above categories of violation are defined in the definition sections of NFPA 1 and NFPA 101 as adopted pursuant to  23-28.1-2.  (e) A building owner, responsible management, designated agent, or occupant of the property receiving a citation may elect to plead guilty to the violation(s) and pay the fine(s) through the mail within ten (10) days of issuance, or appear in district court for an arraignment on the citation.  (f) Notwithstanding subsection (e), all recipients of third or subsequent citations, within a sixty-month (60) period, shall appear in district court for a hearing on the citation. If not paid by mail he, she, or it shall appear to be arraigned on the criminal complaint on the date indicated on the citation. If the recipient(s) fails to appear, the district court shall issue a warrant of arrest.  (g) The failure of a recipient to either pay the citation through the mail within ten (10) days, where permitted under this section, or to appear in district court on the date specified shall be cause for the district court to issue a warrant of arrest with the penalty assessed and an additional five hundred dollar ($500) fine.  (h) A building owner, responsible management, designated agent, or occupant of the property who receives the citation(s) referenced in this section shall be subject to civil fine(s), which fine(s) shall be used for fire prevention purposes by the jurisdiction that issues the citation(s), as follows:  (1) A fine of two hundred fifty dollars ($250) for the first violation within any sixty-month (60) period;  (2) A fine of five hundred dollars ($500) for the second violation within any sixty-month (60) period;  (3) A fine of one thousand dollars ($1,000) for the third and any subsequent violation(s) within any sixty-month (60) period;  (i) No citation(s) as defined in this section, shall be issued pursuant to a search conducted under an administrative search warrant secured pursuant to  23-28.2-20(c) of this code. Any citation mistakenly issued in violation of subsection (h)(3)(i) shall be void and unenforceable.  (j) The District Court shall have full equity power to hear and address these matters.  (k) All violations, listed within subsection (d) above, shall further be corrected within a reasonable period of time established by the State Fire Marshal, or his or her designee.  History of Section.P.L. 1975, ch. 165,  9; P.L. 1980, ch. 278,  1; P.L. 2003, ch. 106,  4; P.L. 2003, ch. 107,  4; P.L. 2004, ch. 220,  3; P.L. 2004, ch. 225,  3; P.L. 2018, ch. 47, art. 3,  4. 
 23-28.2-15. Assistance by attorney general  Prosecution of violations. The attorney general, upon request of the state fire marshal, shall assist upon any investigation of any fire which, in the opinion of the state fire marshal, is of suspicious origin, and shall institute and conduct all prosecutions of persons charged with arson, burning to defraud, crimes incident to incendiary fires, and violations of the provision of the Fire Safety Code, chapters 28.1 through 28.39 of this title and all codes referenced therein and adopted thereunder.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-14; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-12; P.L. 1975, ch. 165,  10; P.L. 2004, ch. 220,  3; P.L. 2004, ch. 225,  3. 
 23-28.2-16. Fire records kept by the state fire marshal. The state fire marshal shall keep in his or her office a record of all fires investigated by his or her office and of all the facts concerning the investigated fires, and all reports of the investigations as the fire marshal may cause to be made, including statistics as to the extent of the fires and damage caused thereby, and whether the losses were covered by insurance, and, if so, in what amount. The record shall be made from the reports made to the fire marshal by his or her deputies under the provisions of this chapter.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-15; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-13; P.L. 1975, ch. 165,  10; P.L. 1978, ch. 281,  1. 
 23-28.2-17. Relief from responsibility. The state fire marshal, his or her deputies, and assistants, charged with the enforcement of the Fire Safety Code and the director of the fire academy and his or her instructors charged with fire education and training as governed by, chapters 28.1 through 28.39 of this title, shall not render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their official duties. Any suit instituted against any officer or employee because of an act performed by him or her in the lawful discharge of his or her duties, and under the provisions of the Fire Safety Code and the fire education and training unit, shall be defended by the legal representative of the state until the final termination of the proceedings. In no case shall the fire marshal, his or her deputies, or assistants, the fire academy director or his or her instructors be liable for costs in any action, suit, or proceedings that may be instituted in pursuance of the provisions of the Fire Safety Code or the fire education and training unit, and any fire marshal or fire academy instructor, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his or her official duties in connection therewith. The protection afforded herein to the Rhode Island fire academy instructors shall apply only to those instructors who are active or retired members of a paid or volunteer Rhode Island fire department.  History of Section.P.L. 1975, ch. 165,  12; P.L. 2013, ch. 292,  1; P.L. 2013, ch. 373,  1. 
 23-28.2-18. Administrative procedures. The state fire marshal shall have the authority to formulate administrative procedures necessary to uniformly administer and enforce this code; provided, that the procedures do not conflict with the rules and regulations promulgated by the fire safety code board.  History of Section.P.L. 1975, ch. 165,  12. 
 23-28.2-19. Municipal cooperation. The assistance and cooperation of police, fire, building inspectors, and all other municipal officials shall be available to the authority having jurisdiction in the performance of its duties.  History of Section.P.L. 1975, ch. 165,  12; P.L. 1978, ch. 281,  1. 
 23-28.2-2. Qualifications of state fire marshal. Minimum qualifications are five (5) years experience in fire prevention, fire investigation, or fire protection, or a degree in fire protection engineering from a credited college plus three (3) years experience in fire prevention, fire investigation, or fire protection.  History of Section.P.L. 1975, ch. 165,  4. 
 23-28.2-20.1. Notices of violation. (a) The fire marshal and persons designated specifically in writing by the fire marshal shall have the power to issue notices of violation as herein provided for, and the powers herein established shall be in addition to other powers of inspection and enforcement of the Fire Safety Code provided for in this title. The fire marshal or authorized designee of the fire marshal shall have the power to give notice of an alleged violation of law to the person responsible therefor whenever the fire marshal or authorized designee determines that there are reasonable grounds to believe that there is a violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted pursuant to authority granted to him or her and/or the Fire Safety Code Board of Appeal and Review, unless other notice and hearing procedure is specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney general to prosecute offenders as required by law.  (b) The notice shall provide for the time the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the fire safety code board of appeal and review within thirty (30) days after service of the notice. The notice will be deemed properly served upon a person if a copy thereof is served him or her personally, by the authority having jurisdiction or any other person having authority to serve process, or sent by registered or certified mail to his or her last known address, or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state. If no written request for a hearing is made to the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice, the notice shall automatically become a compliance order. The authority issuing the notice of violation shall have the power to extend in writing the time in which the alleged violation shall be remedied if the authority shall find, to the authoritys satisfaction, that a good faith effort is being made to remedy the violation, and that the extension of time to remedy the violation will not result in a significant threat to life safety.  (c) If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice of violation, the Board shall set a time and place for the hearing, and shall give the person requesting that hearing notice as outlined in  23-28.3-5 of this title. After the hearing, the Board may make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the Board sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in this section.  (d) The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.  (e) Whenever a compliance order has become effective, whether automatically where no hearing has been requested, or upon decision following a hearing, the fire marshal may institute injunction proceedings in the district court of the state for enforcement of the compliance order and for appropriate temporary relief, and in that proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law. The district court shall have full equity power to hear and address these matters.  (f) Any party aggrieved by a final judgment of the district court may, within thirty (30) days from the date of entry of such 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.  History of Section.P.L. 2003, ch. 106,  5; P.L. 2003, ch. 107,  5; P.L. 2004, ch. 220,  3; P.L. 2004, ch. 225,  3; P.L. 2005, ch. 151,  4; P.L. 2005, ch. 155,  4; P.L. 2012, ch. 415,  21. 
 23-28.2-20. Right of entry. (a) In the discharge of its duties, the authority having jurisdiction shall have the authority to enter at any reasonable hour, any building, structure, or premises in the state to enforce the provisions of the Fire Safety Code, chapters 28.1  28.39 of this title and all codes referenced therein and adopted thereunder. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation, or premise where inspection authorized by this code is sought, the authority having jurisdiction may:  (1) Seek in a court of competent jurisdiction a search warrant so as to apprise the owner, occupant, or other person concerning the nature of the inspection and justification for it, and may seek the assistance of police authorities in presenting the warrant;  (2) Revoke or suspend any license, permit, or other permission regulated under this code where inspection of the structures, operation or premises, is sought to determine compliance with this code;  (3) Enter, examine or survey at any reasonable time such places as the fire marshal or his or her designee deems necessary to carry out his or her responsibilities under any provision of law subject to the provisions set forth below. Places of assembly, including nightclubs, shall be visited at least annually and reviewed for operational compliance during actual hours of maximum operation, regardless of the time. Complete inspections of nightclubs, shall be conducted at least annually.  (4) For criminal investigations, the fire marshal and the deputy state fire marshal(s) on his or her full time staff shall, pursuant to chapter 5 of title 12, seek a search warrant from an official of a court authorized to issue warrants, unless a search without a warrant is otherwise allowed or provided by law;  (5) All administrative inspections shall be conducted pursuant to administrative guidelines promulgated pursuant to chapter 42-35, the Administrative Procedures Act with chapter 35 of title 42.  (b) A warrant shall not be required for administrative inspections if conducted under the following circumstances, in accordance with the applicable constitutional standards:  (1) For closely regulated industries;  (2) In situations involving open fields or conditions that are in plain view;  (3) In emergency situations;  (4) In situations presenting an imminent threat to the environment or public health, safety or welfare;  (5) If the owner, operator, or agent in charge of the facility, property, site or location consents; or  (6) In other situations in which a warrant is not constitutionally required.  (c) Whenever it shall be constitutionally or otherwise required by law, or whenever the authority having jurisdiction in his or her discretion deems it advisable, an administrative search warrant, or its functional equivalent, may be obtained by the authority having jurisdiction from a judge or magistrate for the purpose of conducting an administrative inspection. The warrant shall be issued in accordance with the applicable constitutional standards for the issuance of administrative search warrants. The administrative standard of probable cause, not the criminal standard of probable cause, shall apply to applications for administrative search warrants.  (1) The need for, or reliance upon, an administrative warrant shall not be construed as requiring the authority having jurisdiction to forfeit the element of surprise in his or her inspection efforts.  (2) An administrative warrant issued pursuant to this subsection must be executed and returned within ten (10) days of its issuance date unless, upon a showing of need for additional time, the court orders otherwise.  (3) An administrative warrant may authorize the review and copying of documents that are relevant to the purpose of the inspection. If documents must be seized for the purpose of copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare an inventory of the documents taken. The time, place and manner regarding the making of the inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the inventory shall be delivered to the person from whose possession or facility the documents were taken. The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whose possession or facility the documents were taken.  (4) An administrative warrant may authorize the taking of samples of materials that are part of, or are generated, stored or treated at the facility, property, site or location. Upon request, the fire marshal shall make split samples available to the person whose facility, property, site or location is being inspected.  (5) Service of an administrative warrant may be required only to the extent provided for in the terms of the warrant itself by the issuing court.  (d) Penalties. Any willful and unjustified refusal of right of entry and inspection pursuant to an administrative warrant shall constitute a contempt of court and shall subject the refusing party to sanctions, which in the courts discretion may result in up to six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal.  History of Section.P.L. 1975, ch. 165,  12; P.L. 1978, ch. 281,  1; P.L. 2003, ch. 106,  4; P.L. 2003, ch. 107,  4; P.L. 2004, ch. 220,  3; P.L. 2004, ch. 225,  3. 
 23-28.2-21. National Fire Code. Except wherever herein specifically defined or covered in this code, the provisions of the NFPA Standards included in the National Fire Code, as referenced by the edition of the Life Safety Code in effect at the time, shall be used by the authority having jurisdiction as the accepted standard with regard to fire safety regarding any unforeseen condition.  History of Section.P.L. 1976, ch. 271,  1D; P.L. 1991, ch. 67,  1; P.L. 2003, ch. 106,  4; P.L. 2003, ch. 107,  4; P.L. 2016, ch. 468,  3; P.L. 2016, ch. 472,  3. 
 23-28.2-22. Fire education and training unit. (a) There shall be a fire education and training unit within the office of the state fire marshal headed by a director of fire training. The director of fire training shall be appointed by the fire marshal from a list of names submitted by the fire education and training coordinating board based on recommendations of a screening committee of that board. Other staff and resources, such as part-time instructors, shall be requested consistent with the state budget process.  (b) This unit shall be responsible for implementing fire education and training programs developed by the fire education and training coordinating board.  History of Section.P.L. 1985, ch. 457,  1; P.L. 2018, ch. 47, art. 3,  4. 
 23-28.2-23. Fire education and training coordinating board. (a) There is hereby created within the office of the state fire marshal a fire education and training coordinating board comprised of thirteen (13) members appointed by the governor with the advice and consent of the senate. In making the appointments, the governor shall give due consideration to including in the boards membership representatives of the following groups:  (1) Chiefs of fire departments with predominately fully paid personnel, defined as departments in which the vast majority of members are full-time, salaried personnel.  (2) Chiefs of fire departments with part paid/combination personnel, defined as departments in which members consist of both full-time salaried personnel and a large percentage of volunteer or call personnel.  (3) Chiefs of fire departments with predominately volunteer personnel, defined as departments in which the vast majority of members respond voluntarily and receive little or no compensation.  (4) Rhode Island firefighters instructors association.  (5) Rhode Island department of environmental management.  (6) Rhode Island fire safety association.  (7) Rhode Island state firefighters league.  (8) Rhode Island association of firefighters.  (9) Regional firefighters leagues.  (b) The state fire marshal and the chief of training and education shall serve as ex-officio members.  (c) Members of the board as of March 29, 2006, shall continue to serve for the balance of their current terms. Thereafter, members shall be appointed to three-year (3) terms. No person shall serve more than two (2) consecutive terms, except that service on the board for a term of less than two (2) years resulting from an initial appointment or an appointment for the remainder of an unexpired term shall not constitute a full term.  (d) Members shall hold office until a successor is appointed, and no member shall serve beyond the time he or she ceases to hold office or employment by reason of which he or she was eligible for appointment.  (e) All gubernatorial appointments made after March 29, 2006, shall be subject to the advice and consent of the senate. No person shall be eligible for appointment to the board after March 29, 2006, unless he or she is a resident of this state.  (f) Members shall serve without compensation, but shall receive travel expenses in the same amount per mile approved for state employees.  (g) The board shall meet at the call of the chairperson or upon written petition of a majority of the members, but not less than six (6) times per year.  (h) Staff support to the board will be provided by the state fire marshal.  (i) The board shall:  (1) Establish bylaws to govern operational procedures not addressed by legislation.  (2) Elect a chairperson and vice-chairperson of the board in accordance with bylaws to be established by the board.  (3) Develop and offer training programs for firefighters and fire officers based on applicable National Fire Protection Association (NFPA) standards used to produce training and education courses.  (4) Develop and offer state certification programs for instructors based on NFPA standards.  (5) Monitor and evaluate all programs to determine their effectiveness.  (6) Establish a fee structure in an amount necessary to cover costs of implementing the programs.  (7) Within ninety (90) days after the end of each fiscal year, 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, 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 hearings, complaints, suspensions, or other legal matters related to the authority of the council; a summary of any training courses held pursuant to the provisions of this section; a briefing on anticipated activities in the upcoming fiscal year and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and secretary of states websites as prescribed in  42-20-8.2. The director of the department of administration shall be responsible for the enforcement of the provisions of this subsection.  (8) 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 board, approved by the board, and conducted by the chair of the board. The board may approve the use of any board or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38; and the commissions rules and regulations. The state fire marshal shall, within ninety (90) days of March 29, 2006, prepare and disseminate training materials relating to the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38.  (j) In an effort to prevent potential conflicts of interest, any fire education and training coordinating board member shall not simultaneously serve as a paid instructor and/or administrator within the fire education and training unit.  (k) A quorum for conducting all business before the board, shall be at least seven (7) members.  (l) Members of the board shall be removable by the governor pursuant to the provisions of  36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.  History of Section.P.L. 1985, ch. 457,  1; P.L. 1994, ch. 113,  1; P.L. 1995, ch. 370, art. 40,  75; P.L. 2001, ch. 180,  54; P.L. 2006, ch. 14,  3; P.L. 2006, ch. 16,  3; P.L. 2008, ch. 100, art. 9,  5; P.L. 2012, ch. 415,  21; P.L. 2018, ch. 47, art. 3,  4. 
 23-28.2-24. Burn injury reporting law. (a) Every case of a burn injury or wound, where the victim sustained second or third degree burns to five percent (5%) or more of the body and/or any burns to the upper-respiratory tract or laryngeal edema due to the inhalation of super-heated air, and every case of a burn injury or wound which is likely to or may result in death, shall be reported at once to the office of the state fire marshal. The state fire marshal shall accept the report and notify the proper investigatory agency. A written report shall also be provided to the office of the state fire marshal within ten (10) days after a request from that office. The report shall be made by (1) the physician attending or treating the case; or (2) the manager, superintendent or other person in charge, whenever the case is treated in a hospital, sanitarium, institution, or other medical facility.  (b) Whoever violates any provision of this section shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).  History of Section.P.L. 1990, ch. 137,  1. 
 23-28.2-25. Repealed. History of Section.P.L. 1993, ch. 138, art. 46,  1; Repealed by P.L. 1995, ch. 370, art. 40,  168, effective July 1, 1995. 
 23-28.2-26. Plan review fees. (a) Every request for plan review, by the state fire marshals office, under the provisions of the Fire Safety Code shall be accompanied by the fee prescribed in this section. Plan review fees shall be as follows:   NEW BUILDING, ADDITIONS, ALTERATION, STRUCTURES, ETC.General permit fees based on cost of construction $500 or less ......................................... $25.00  Over $500 but not over $1,000 ......................................... $35.00  Over $1,000 but not over $2,000 ......................................... $45.00  Over $2,000 but not over $500,000 ......................................... $45.00+  (plus $6.00 per $1,000 or fraction thereof over $2,000) Over $500,000 ......................................... $3,033.00+  (plus $4.00 per $1,000 or fraction thereof over $500,000)  (b) All fees collected pursuant to this section shall be deposited as general revenue.  History of Section.P.L. 1993, ch. 138, art. 48,  1; P.L. 1995, ch. 370, art 40,  75. 
 23-28.2-27. Inspection fees. (a) The state fire marshals office shall assess an inspection fee of one-hundred dollars ($100.00) per inspection for any inspection performed by that office pursuant to chapter 28.1 of Title 23, or any other provisions of the state fire code, including any rule or regulation promulgated by either the fire safety code board of appeal and review or the state fire marshal. The inspection fee shall be assessed for each required inspection. Initial inspections and any required subsequent re-inspection shall constitute separate visits for which separate inspection fees will be payable.  (b) In the case of an inspection involving residential use, the fee shall be paid by the property owner.  (c) In the case of any inspection involving any assembly, industrial, mercantile, business educational, health care, ambulatory health care, day care or municipal government use, the fee shall be paid by one of the following parties:  (1) The occupant/tenant of the property if the occupant/tenant holds any license issued by the State of Rhode Island that requires fire code compliance; or  (2) The lessee of the property if the lessee is the sole tenant; or  (3) If neither (1) nor (2) apply, the owner of the property will be responsible for payment of the inspection fee.  (d) The fee shall be waived for a specific inspection in the event that no violation of any provision of the state fire code including any rule or regulation is found.  (e) No inspection fee shall be assessed against any municipality or municipal agency or the State of Rhode Island, or any department, board, or commission thereof. No inspection fee shall be assessed for any inspection conducted for the purpose of updating the compliance status of a building in preparation for a hearing before the fire safety code board of appeal and review or before any court.  (f) All fees collected pursuant to this section shall be deposited as general revenue.  History of Section.P.L. 2007, ch. 73, art. 33,  1. 
 23-28.2-28. Rhode Island state firefighters league grant account. (a) There is hereby created within the department of business regulation a restricted receipt account to be known as the Rhode Island state firefighters league grant account. Donations received from the Rhode Island state firefighters league shall be deposited into this account, and shall be used solely to fund education and training programs for firefighters in the state.  (b) All amounts deposited in the Rhode Island state firefighters league grant account shall be exempt from the indirect cost recovery provisions of  35-4-27.  History of Section.P.L. 2010, ch. 23, art. 8,  4; P.L. 2018, ch. 47, art. 3,  4. 
 23-28.2-29. Fire academy training fees restricted receipt account. There is hereby created with the department of business regulation a restricted receipt account to be known as the fire academy training fees account. All receipts collected pursuant to  23-28.2-23 shall be deposited in this account and shall be used to fund costs associated with the fire training academy. All amounts deposited into the fire academy training restricted receipt account shall be exempt from the indirect cost recovery provisions of  35-4-27.  History of Section.P.L. 2010, ch. 23, art. 8,  9; P.L. 2018, ch. 47, art. 3,  4. 
 23-28.2-3. Removal of state fire marshal. The state fire marshal may be removed by the governor only for cause, and after filing of charges, and a notification thereof to the state fire marshal, a hearing thereon before the state personnel appeal board, and the filing of findings by the board.  History of Section.P.L. 1975, ch. 165,  4. 
 23-28.2-4. Duties and responsibilities of state fire marshal. The state fire marshal, as the authority having jurisdiction, shall have the authority to enforce and perform the duties required by the Comprehensive Fire Safety Act, chapter 28.01 of this title, by the Fire Safety Code, chapters 28.1  28.39 of this title, and all codes referenced therein are adopted thereunder, and all other provisions of the general laws and public laws insofar as such powers and duties relate to fires, fire prevention, fire protection, fire inspection, and fire investigation. It shall also be the duty of the state fire marshal to enforce all laws of this state in regard to:  (1) The keeping, storage, use, manufacture, sale, handling, transportation, or other disposition of explosives and inflammable materials.  (2) Conducting and supervising fire safety inspections of all buildings regulated by the code within the state.  (3) It shall be the duty of the state fire marshal and his or her deputies to certify to any state or federal agency whether or not any building covered satisfies the requirements of chapters 28.1  28.39 of this title and all codes referenced therein and adopted thereunder.  (4) It shall the duty of the fire marshal to plan for and oversee the comprehensive, professional, and consistent enforcement of the fire safety code.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-3; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-2; P.L. 1975, ch. 165,  5; P.L. 1976, ch. 271,  1C; P.L. 1978, ch. 281,  1; P.L. 2003, ch. 106,  4; P.L. 2003, ch. 107,  4; P.L. 2004, ch. 220,  3; P.L. 2004, ch. 225,  3; P.L. 2005, ch. 151,  4; P.L. 2005, ch. 155,  4. 
 23-28.2-5. Bomb disposal unit. (a) Within the office of the state fire marshal, there shall be a bomb disposal unit (bomb squad), accredited by the Federal Bureau of Investigation (FBI) as a bomb squad, whose duties it will be to handle and dispose of all hazardous devices suspect to be explosive or incendiary in construction which includes any weapons of mass destruction (WMD) that may be explosive or chemical in construction.  (b) The State Fire Marshal shall appoint a bomb technician to supervise the operations of this unit and the technician must be certified by the FBI as a bomb technician. The bomb technician must ensure that all bomb technicians are trained and maintain certification, the bomb squad maintains accreditation, and ensures that all equipment belonging to the bomb squad is maintained and in operating condition at all times. The bomb technician must also provide to cities and towns and local businesses or any other organizations procedures in bomb threats, and procedures where explosive devices or suspect devices are located.  (c) The State Fire Marshal shall appoint from the local communities volunteer assistant deputy state fire marshals, as bomb squad members only, to assist in carrying on the responsibilities of this unit. The volunteers, who must be available for immediate response when called upon, and be available to participate in training sessions, shall be approved by their local fire or police chief, and must have their chief sign an agreement (memorandum of understanding) that provides for their release during emergencies and training and assumes liability for any injuries that may occur to them. All bomb squad members shall operate only under the direction of the State Bomb Squad Commander or senior ranking Deputy State Fire Marshal who is certified as a bomb technician. The bomb squad may also request assistance from the local fire and police authorities when handling any explosive or incendiary device, WMD or post-incident investigations.  History of Section.P.L. 1975, ch. 165,  6; P.L. 2004, ch. 220,  3; P.L. 2004, ch. 225,  3; P.L. 2018, ch. 47, art. 3,  4. 
 23-28.2-6. Additional powers and duties of fire marshal. In carrying out the purposes of this chapter, the state fire marshal is authorized and directed:  (1) To procure in his or her discretion as many deputy state fire marshals and assistant deputy state fire marshals as needed, and the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when the services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;  (2) To enter into agreements for the utilization of the facilities and services of the division of occupational safety, or its successors, to the extent that he or she considers it desirable to effectuate the purposes of this chapter, and to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;  (3) To accept on behalf of the state and to deposit with the general treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this code, and to expend the same for such purposes;  (4) To supervise or conduct any fire safety inspections required by any other state or federal agencies;  (5) To formulate, coordinate, implement, or cause implementation of, appropriate education and training programs relating to fire fighting training, fire prevention, fire protection, fire inspection, and fire investigation.  (6) To support, in coordination with the state building commissioner and the office of regulatory reform, the purchase or lease and operation of a web-accessible service and/or system to be utilized by the state and municipalities for a uniform, statewide electronic plan review, permit management and inspection system and other programs described in this chapter.  (7) To coordinate with the state building commissioner on the submission of a report to the governor and general assembly on or before April 1, 2013 and each April 1st thereafter, providing the status of the web-accessible service and/or system implementation and any recommendations for process or system improvement.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-5; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-3; P.L. 1975, ch. 165,  7; 1981, ch. 269,  1; P.L. 2012, ch. 241, art. 4,  20. 
 23-28.2-7. Office of state fire marshal. The state fire marshal shall be provided adequate offices through the department of business regulation.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-6; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-4; P.L. 1975, ch. 165,  7; P.L. 2018, ch. 47, art. 3,  4. 
 23-28.2-8. Clerical assistance and office supplies. The state fire marshal may incur such expenses for deputy state fire marshals, clerical assistance, and office supplies as may be necessary.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-7; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-5; P.L. 1975, ch. 165,  7. 
 23-28.2-9. Nonsalaried assistant deputy state fire marshals. (a) The fire marshal may appoint as many nonsalaried assistant deputy state fire marshals as he or she may deem necessary to carry out the purposes of chapters 28.1  28.39 of this title; the assistant deputy fire marshals shall serve at the pleasure of the state fire marshal. Provided, further, that no person shall be appointed as an assistant deputy state fire marshal unless such person, at the time of the appointment, is a current employee of the state fire marshals office, and/or is an active member of a fire district, and/or is an active or retired member of a fire department, and/or is an active or retired member of a police department currently serving or having served within this state.  (b) The chief of the fire department of the several cities, towns, and fire districts may be an assistant deputy fire marshal subject to the approval of the state fire marshal, and may continue to serve as an assistant deputy fire marshal as long as he or she is fire chief.  (c) Standardized fire code interpretation through certification of assistant deputy state fire marshals. No individual may serve as an assistant deputy fire marshal without first satisfying minimum qualifications as determined through regulation by the state fire marshal. Such qualifications shall include meeting the NFPA standard for professional qualifications for fire inspector, or such other comparable national standard as determined by the state fire marshal.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.2-8; P.L. 1973, ch. 176,  2; G.L. 1956,  23-28.2-6; P.L. 1975, ch. 165,  7; P.L. 1976, ch. 271,  1C; P.L. 1978, ch. 281,  1; P.L. 2004, ch. 220,  3; P.L. 2004, ch. 225,  3; P.L. 2010, ch. 80,  2; P.L. 2010, ch. 83,  2. 
 23-28.20-1  23-28.20-5. Repealed. History of Section.P.L. 1976, ch. 271,  16; P.L. 1984, ch. 149,  1; P.L. 1985, ch. 53,  2; P.L. 1991, ch. 67,  35; Repealed by P.L. 2004, ch. 220,  22; P.L. 2004, ch. 225,  22, effective June 30, 2004. 
 23-28.20-10. Expiration of permits. All permits issued under this chapter shall expire on the last day of each calendar year unless sooner designed on the permit or sooner revoked.  History of Section.P.L. 1985, ch. 53,  2. 
 23-28.20-11. Severability. If any part of this chapter shall be declared unconstitutional or invalid, the unconstitutionality or invalidity shall in no way affect the constitutionality or validity of any other portion thereof which can be given reasonable effect without the part so declared unconstitutional or invalid.  History of Section.P.L. 1976, ch. 271,  16; G.L. 1956,  23-28.20-5; P.L. 1985, ch. 53,  2. 
 23-28.20-12. Immunity from civil liability  Persons assisting. Notwithstanding any provisions of law to the contrary, no person who without remuneration provides assistance upon request of any police agency, fire company, first aid, rescue, or emergency squad, or other agency or unit of government in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the course of his or her rendering in good faith any assistance. Nothing herein shall be deemed to grant any immunity to any person who caused the accident or other emergency situation, or to any other person causing damage as a result of his or her willful or wanton act of commission or omission.  History of Section.P.L. 1980, ch. 266,  1; P.L. G.L. 1956,  23-28.20-6; 1985, ch. 53,  2. 
 23-28.20-6. Registration and permits. Registration of and permits for persons, firms, corporations, and partnerships engaged in the business of selling or offering for sale at wholesale or retail liquefied petroleum gas are required.  History of Section.P.L. 1985, ch. 53,  2. 
 23-28.20-7. Application and hearings on permits. (a) Application for permits under this chapter shall be made pursuant to regulations adopted by the state fire marshal and those regulations may from time to time be amended by the marshal.  (b) The fire marshal shall have the authority to conduct hearings or proceedings concerning the suspension, revocation, or refusal of the issuance or renewal of permit.  History of Section.P.L. 1985, ch. 53,  2; P.L. 1997, ch. 326,  39. 
 23-28.20-8. Application for permit. (a) The applicant must submit an application to the state fire marshal, on a form provided by the state fire marshal. Upon receipt of the application, the state fire marshal will schedule a fire safety inspection of the facility in accordance with N.F.P.A. 1, 2003 edition, as amended by the Fire Safety Code Board of Appeal & Review.  (b) The permit will be issued provided the applicant is in compliance with applicable codes.  History of Section.P.L. 1985, ch. 53,  2; P.L. 1991, ch. 67,  36; P.L. 2004, ch. 220,  23; P.L. 2004, ch. 225,  23. 
 23-28.20-9. Permit fee. Each application for a permit under this chapter shall be accompanied by the fee prescribed by this section, which fee shall be returned in the event the application is denied. The permit fee shall be seventy-five dollars ($75.00) annually. All fees collected pursuant to this section shall be deposited as general revenue.  History of Section.P.L. 1985, ch. 53,  2; P.L. 1993, ch. 138, art. 50,  1; P.L. 1995, ch. 370, art. 40,  77; P.L. 1997, ch. 326,  39. 
 23-28.21-1  23-28.21-18. Repealed. History of Section.P.L. 1976, ch. 271,  17; P.L. 1991, ch. 67,  37; Repealed by P.L. 2004, ch. 220,  24; P.L. 2004, ch. 225,  24, effective June 30, 2004. 
 23-28.22-1. Repealed. History of Section.P.L. 1976, ch. 271,  18; Repealed by P.L. 2004, ch. 220,  25; P.L. 2004, ch. 225,  25, effective June 30, 2004. 
 23-28.22-10. Posting of operating instructions. Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-11. Posting of emergency procedures. A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the attendants remote control location.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-12. Unobstructed observation. The dispensing operation shall at all times be in unobstructed view of the attendant, and the placing or allowing of any obstacle to come between the dispensing operation, and the attendant, so as to obstruct the attendants view, is prohibited.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-13. Delivery nozzles. Hose nozzle valves used at self-service islands shall be the approved automatic closing type without a latch-open device with the exception that listed stage II vapor recovery nozzles that will only operate when the bellows assembly is compressed into the automobile fill pipe and will automatically shut off if the nozzle is removed from the fill pipe shall be allowed.  History of Section.P.L. 1976, ch. 271,  18; P.L. 2015, ch. 211,  1; P.L. 2015, ch. 227,  1. 
 23-28.22-14. Voice communication control. A voice communication system, such as, but not limited to, an intercom system, so as to allow direct voice communication at all times between the person dispensing the fuel and the attendant, shall be required by the authority having jurisdiction.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-15. Posting of warning sign. On each and every dispenser island shall be conspicuously posted the following words of warning:  WARNING . . . It is unlawful to dispense gasoline into any portable container unless the container is constructed of metal or is approved by the authority having jurisdiction.  No Smoking. Shut off motor while motor fuel is being dispensed. History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-16. Fire control devices. Suitable fire control devices such as portable extinguishers shall be available within seventy-five feet (75) of every dispenser. No less than two (2) approved fire extinguishers shall be available. Each extinguisher shall be kept in good operating condition at all times and shall be located in accessible places.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-17. Filling containers. No container shall be filled with flammable liquid while inside a passenger-carrying vehicle.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-18. Minimum age requirement. No person under the age of sixteen (16) years of age shall operate a gasoline dispensing device at a self service station. No retail dealer of any gasoline or other motor fuel as defined in subdivision 5-55-3(11) shall be prohibited from employing any person who has reached the age sixteen (16) years of age for the purposes of operating any gasoline dispensing device, notwithstanding any other statute, rule or regulation to the contrary.  History of Section.P.L. 1976, ch. 271,  18; P.L. 2010, ch. 226,  1; P.L. 2010, ch. 227,  1. 
 23-28.22-19. Self-service stations  Assistance for persons with disabilities. All full service stations offering self service at a lesser cost shall require an attendant to dispense gasoline and/or diesel fuel from the self-service portion of the station at the self service prices to any motor vehicle properly displaying a parking permit issued pursuant to  31-28-7, when the person to whom the plate has been issued is the operator of the vehicle and when the service is requested. Signs shall be conspicuously posted at all the pumps attesting to the procedure provided for in this section.  History of Section.P.L. 1981, ch. 423,  1; P.L. 1988, ch. 612,  1; P.L. 1999, ch. 83,  55; P.L. 1999, ch. 130,  55. 
 23-28.22-2. Definitions. (a) Enforcing officer means the enforcing officer shall be the chief of the fire department or his or her designee of the several cities, towns, and fire districts wherein any violations of the provisions of this chapter may take place.  (b) Self service stations means that portion of property where flammable and combustible liquids used as motor fuels are stored, and subsequently dispensed from fixed equipment into the fuel tanks of motor vehicles by persons other than service station attendants, and the operation of the stations shall be subject to the following provisions contained in this chapter.  (c) The authority having jurisdiction means the authority having jurisdiction for the purposes of this chapter shall mean the enforcing officer as defined in subsection (a).  History of Section.P.L. 1976, ch. 271,  18; P.L. 1986, ch. 64,  1. 
 23-28.22-20. Closure of underground tanks. All underground tanks having contained flammable, combustible or explosive substances shall be closed and/or removed in accordance with the American Petroleum Institute Recommended Practice  1604, 2nd Edition, as amended.  History of Section.P.L. 1994, ch. 41,  1. 
 23-28.22-21. Tank cutting on site prohibited. No tank, as covered under this chapter, shall be cut on site. If any tank must be cut on site due to certain conditions, it shall only be done with the final approval of the state fire marshal and shall be done in accordance with  23-28.22-20.  History of Section.P.L. 1994, ch. 41,  1. 
 23-28.22-22. Tanks stored and destroyed at tank yards. All tanks to be removed as provided by this chapter shall only be moved to, stored, and destroyed at tank yards or safe areas approved by the state fire marshal and shall be done in compliance with  23-28.22-20.  History of Section.P.L. 1994, ch. 41,  1. 
 23-28.22-23. Transportation of tanks. All tanks covered under this chapter shall be transported in accordance with state and federal department of transportation regulations.  History of Section.P.L. 1994, ch. 41,  1. 
 23-28.22-24. Rules and regulations. The state fire marshal is hereby authorized to formulate and administer rules and regulations relating to the provisions of this chapter which shall be enforced in accordance with  23-28.22-2(a).  History of Section.P.L. 1994, ch. 41,  1. 
 23-28.22-3. Repealed. History of Section.P.L. 1976, ch. 271,  18; Repealed by P.L. 2004, ch. 220,  25; P.L. 2004, ch. 225,  25, effective June 30, 2004. 
 23-28.22-4. Storage of flammable liquids other than as provided in this chapter prohibited. No person shall store any flammable liquids at a bulk plant or service station except in accordance with regulations in this chapter.  History of Section.P.L. 1976, ch. 271,  18; P.L. 1997, ch. 326,  65. 
 23-28.22-5. Repealed. History of Section.P.L. 1976, ch. 271,  18; P.L. 1991, ch. 67,  38; Repealed by P.L. 2004, ch. 220,  25; P.L. 2004, ch. 225,  25, effective June 30, 2004. 
 23-28.22-6. Self-service dispensers defined. A self-service dispenser means a remote controlled dispensing device approved by the authority having jurisdiction. The coin and/or the card operated type are not acceptable.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-7. Attendant required. All self-service stations shall have at least one qualified attendant on duty while the station is open to the public. During all times that Class 1 liquids are actually being dispensed, the attendants primary function shall be to supervise, observe, and control the dispensing of the liquids. It shall be the responsibility of the attendant to prevent the dispensing of Class 1 liquids into portable containers unless the container is constructed of metal or approved plastic or is approved by the authority having jurisdiction, has a tight closure with screwed or spring cover, and is fitted with a spout or so designed that the contents can be poured without spilling. It shall also be the responsibility of the attendant to control sources of ignition, and to immediately handle accidental spills and fire extinguishers, if needed. The attendant or supervisor on duty shall be capable of performing the functions and assuming the responsibilities covered in this section.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-8. Attendants control and supervision. At self service stations, the attendant shall be required to remain within the control console area at all times while Class 1 liquids are being dispensed. A post-payment operation is advocated to insure the attendants compliance with the foregoing provision.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.22-9. Emergency controls  Extinguisher system. (a) A main power shut-off switch or switches shall be installed in the remote control location and not more than seventy-five feet (75) from the dispensers.  (b)(1) A fixed fire extinguisher system suitable for the extinguishment of Class B (flammable liquid) fires, acceptable to the authority having jurisdiction and covering the entire gasoline dispensing area, shall be installed at each self-service station. The system shall be capable of being activated, either manually or automatically; however, if it is to be activated manually, the triggering device should be in the remote control location not more than seventy-five feet (75) from the dispensers. Activation of the extinguishing system shall automatically cut off power to pump dispensing devices.  (2) As referred to above, the entire gasoline dispensing area is construed to mean that area encompassing the self service island. If, however, an adjacent attended island (normally serviced by a regular attendant dispensing motor fuel) is too close in proximity to the self service island in the opinion of the authority having jurisdiction, then a fixed fire protection system may be required there also. The extinguishing systems described in subsection (a) and (b)(1) shall have a device showing the condition of the system at all times. This system shall be maintained in accordance with standard practices.  History of Section.P.L. 1976, ch. 271,  18. 
 23-28.23-1  23-28.23-9. Repealed. History of Section.P.L. 1976, ch. 271,  19; P.L. 1978, ch. 44,  1; P.L. 1991, ch. 67,  39; Repealed by P.L. 2004, ch. 220,  26; P.L. 2004, ch. 225,  26, effective June 30, 2004. 
 23-28.24-1  23-28.24-9. Repealed. History of Section.P.L. 1976, ch. 271,  20; P.L. 1989, ch. 542,  59; P.L. 1991, ch. 67,  40-43; Repealed by P.L. 2004, ch. 220,  27; P.L. 2004, ch. 225,  27, effective June 30, 2004. 
 23-28.25-1.1. Repealed. History of Section.P.L. 1982, ch. 335,  1; Repealed by P.L. 1983, ch. 245,  1. 
 23-28.25-1. Applicability. All buildings and facilities covered under the Fire Safety Code and all codes adopted pursuant to the Fire Safety Code, shall be equipped with an approved fire alarm system installed and maintained in accordance with this chapter and any updated fire alarm regulations adopted by the Fire Safety Code Board of Appeal & Review. Any building that is not a place of assembly, that is required to be equipped with a fire alarm system pursuant to the Rhode Island Fire Safety Code, shall be so equipped on or before July 1, 2005.  History of Section.P.L. 1976, ch. 271,  21; P.L. 1983, ch. 245,  1; P.L. 1989, ch. 542,  60; P.L. 2003, ch. 106,  10; P.L. 2003, ch. 107,  10. 
 23-28.25-2  23-28.25-9. Repealed. History of Section.P.L. 1983, ch. 245,  1; P.L. 1988, ch. 101,  1; P.L. 1991, ch. 67,  44, 45; P.L. 1992, ch. 89,  1; P.L. 1994, ch. 255,  1; P.L. 1997, ch. 326,  99; Repealed by P.L. 2004, ch. 220,  28; P.L. 2004, ch. 225,  28, effective June 30, 2004. 
 23-28.26-1. Repealed. History of Section.P.L. 1976, ch. 271,  22; P.L. 1978, ch. 46,  1; P.L. 1991, ch. 67,  46; Repealed by P.L. 2004, ch. 220,  29; P.L. 2004, ch. 225,  29, effective June 30, 2004. 
 23-28.27-1. Repealed. History of Section.P.L. 1976, ch. 271,  23; P.L. 1978, ch. 357,  1, P.L. 1991, ch. 67,  47; Repealed by P.L. 2004, ch. 220,  30; P.L. 2004, ch. 225,  30, effective June 30, 2004. 
 23-28.28-1. Definitions. (a) Boosters mean a casing containing several ounces of a high explosive used to increase the intensity of explosion of the detonator of a detonating fuse.  (b) Dealer means any person, not a manufacturer, engaged in the business of buying and selling explosives other than empty cartridge shells (primed), percussion caps, small arms ammunition, small arms primers, and smokeless powder for small arms.  (c) Electric squibs mean small tubes or blocks containing a small quantity of ignition compound in contact with a wire bridge.  (d) Explosive bombs mean any explosive or incendiary material designed and constructed that when dropped, thrown, projected, or placed and initiated in any particular manner, will produce a violent release of high pressure and/or heat.  (e) Explosive mines mean metal containers filled with a high explosive and provided with a detonating device.  (f) Explosive projectiles mean metal shells loaded with explosives for use in cannon.  (g) Explosive torpedoes mean metal devices containing a means of propulsion and a quantity of high explosives.  (h) Manufacturer means any person who is engaged in the manufacture of explosives or who otherwise produces any explosives. Persons reloading small arms ammunition shall not be considered as manufacturers.  (i) Person means any individual, partnership, association, or corporation.  (j) Primers, percussion fuses, combination fuses, and time fuses mean devices used to ignite powder charges of ammunition or the black-powder bursting charges of projectiles.  (k) Small arm primers and percussion caps mean primers used for small arms ammunition.  (l) Small arms ammunition means any cartridge or shell for use in a pistol, rifle, or shotgun, and shall include ball, shot, or blank cartridges or shells.  (m) State fire marshal shall mean the state fire marshal or his or her designee.  History of Section.P.L. 1979, ch. 313,  2; P.L. 1984, ch. 54,  1; P.L. 2004, ch. 220,  31; P.L. 2004, ch. 225,  31. 
 23-28.28-10. Permit fees. (a) Each application for a license under this chapter shall be accompanied by the fee prescribed in this section, which fee shall be returned in the event the application is denied. The permit fee shall be as follows:   Manufacturers permit ......................................... $85.00 annually Dealers permit ......................................... $50.00 annually Possessors permit ......................................... $50.00 annually Users permit based on estimated project costs ......................................... $50.00 per $10,000.00 or fraction thereof.   (b) All fees collected pursuant to this section shall be deposited as general revenue.  History of Section.P.L. 1979, ch. 313,  2; P.L. 1993, ch. 138, art. 47,  1; P.L. 1995, ch. 370, art. 40,  78; P.L. 2007, ch. 73, art. 33,  3. 
 23-28.28-11. Expiration of permits. All permits issued under this chapter shall expire on the last day of each calendar year, unless sooner designated on the permit or sooner revoked.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-12. Revocation of permit. Any permit issued under this chapter may be revoked by the official issuing the permit on any ground specified in this chapter as a ground for denying an application for the permit or for a violation of any rules and regulation of the state fire marshal pertaining to explosives.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-13. Records of shipments, sales, and purchases. Manufacturers, dealers, possessors, and users shall keep a record of all Class A and Class B explosives shipped, purchased, sold, or used by them, which records shall include the name and address of each consignee, vendor, or vendee, the date of each shipment, sale, or purchase and the amount and kind of explosives shipped, sold, or purchased. This record shall be open for inspection by duly authorized agents of the state fire marshal and by all federal, state, and local law enforcement officers during normal business hours in such format as the state fire marshal shall prescribe.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-14. Sale to unlicensed persons prohibited. No person shall sell, barter, give, or dispose of Class A or Class B explosives to any person who does not hold a blasting license and a permit to possess or use explosives issued under the provisions of this chapter.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-15. Military and public agencies exempt. (a) The provisions of this chapter shall not apply to the armed forces of the United States, the national guard, the Rhode Island state guard, the Rhode Island militia, and the Rhode Island independent chartered military commands, or to officers or employees of the United States or this state who are authorized by the United States or the state to handle explosives nor to the police or fire departments of this state provided they are acting within their official capacity and in the proper performance of their duties.  (b) Security devices as used by banks containing explosives may be used with special permission granted by the state fire marshal.  (c) The Rhode Island militia and independent chartered military commands, as defined in title 31, may store explosives with special permission of the state fire marshal. No fee shall be charged by the state fire marshal for this permit.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-16. Repealed. History of Section.P.L. 1979, ch. 313,  2; Repealed by P.L. 2004, ch. 220,  32; P.L. 2004, ch. 225,  32, effective June 30, 2004. 
 23-28.28-17. Reports. All persons manufacturing, keeping, storing, using, selling, handling, transporting, or otherwise dealing in Class B explosives shall make reports to the fire marshal and the local fire and police chiefs so that the quantity and location thereof may be recorded. The reports shall be made in such format as the state fire marshal shall prescribe and shall be filed on the first day of each month or more often when required.  History of Section.P.L. 1979, ch. 313,  2A; P.L. 1989, ch. 542,  61; P.L. 2004, ch. 220,  31; P.L. 2004, ch. 225,  31. 
 23-28.28-18. Manufacture of explosives. (a) The entire occupied portion of the premises of an explosives manufactory shall be enclosed by a suitable fence to enable the management to have control of all persons entering the premises, and any building in which wet fulminate is stored or dried shall be likewise enclosed within a separate enclosure, the entrance to which shall be kept locked. There shall be sufficient number of notices conspicuously posted on the outside of these enclosures warning of the business conducted therein.  (b) The floor of any room in which fulminate is stored or used shall be covered with rubber matting, and only such an amount of fulminate as is required for immediate use shall be kept on hand. The wearing of shoes with metal nails within such rooms is prohibited.  (c) No naphtha, bitumen, sulphur, charcoal, or any organic substance shall be stored in close proximity to any chlorate or perchlorate.  (d) Persons under the age of eighteen (18) years shall not be employed in an explosive manufactory, and shall not be permitted to enter the manufactory unless accompanied at all times by some responsible person.  (e) Smoking shall be prohibited upon the premises of explosives manufactories, except that smoking may be permitted in such places as may be authorized by the authority which issued the permit. Signs bearing the words NO SMOKING shall be conspicuously posted about the premises where smoking is prohibited. Carrying of matches or other flame producing devices upon the premises of explosives manufactories is prohibited except in receptacles especially provided and only when authorized by the person in charge of the manufactory.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-19. Records of visitors. Each person, firm or corporation engaged in the manufacture, dealing, or possessing of explosives, explosive compounds, or fuses shall keep a daily record of each person, other than employees, entering upon their magazine site. The information shall be available in the companys office and shall be open to inspection by the state fire marshal, local government officials, and/or public safety officials.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-2. Permit required. No person shall manufacture or deal in explosives, and no person shall possess or have under his or her control explosives other than empty cartridge shells (primed), percussion caps, small arms ammunition, small arm primers, and smokeless powder for small arms or black powder in excess of five (5) pounds unless he or she has obtained a permit therefor pursuant to the provisions of  23-28.28-3  23-28.28-5.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-20, 23-28.28-21. Repealed. History of Section.P.L. 1979, ch. 313,  2; P.L. 1989, ch. 542,  61; Repealed by P.L. 2004, ch. 220,  32; P.L. 2004, ch. 225,  32, effective June 30, 2004. 
 23-28.28-22. Storage and transportation of explosives on water. No person shall store or transport any explosives on the water of this state unless stored and transported in accordance with U.S. coast guard regulations.  History of Section.P.L. 1979, ch. 313,  2; P.L. 2004, ch. 220,  31; P.L. 2004, ch. 225,  31. 
 23-28.28-23  23-28.28-25. Repealed. History of Section.P.L. 1979, ch. 313,  2; P.L. 1993, ch. 138, art. 47,  1; P.L. 1997, ch. 326,  91; Repealed by P.L. 2004, ch. 220,  32; P.L. 2004, ch. 225,  32, effective June 30, 2004. 
 23-28.28-26. Requirement for removal of explosives or providing watchperson. The state fire marshal may, at his or her discretion, at any time he or she deems it necessary for the public safety, require the removal of any explosive, or that a watchperson be placed continuously in charge of it with the cost to be borne by the permittee.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-27. Report of explosion or fire. Any explosion or fire occurring in connection with the keeping, storage, manufacture, sale, transportation, or use of explosive causing loss of life or injury or property damage shall be reported immediately to the state fire marshal, giving a detailed account of the same.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-28  23-28.28-30. Repealed. History of Section.P.L. 1979, ch. 313,  2; P.L. 1989, ch. 542,  61; Repealed by P.L. 2004, ch. 220,  32; P.L. 2004, ch. 225,  32, effective June 30, 2004. 
 23-28.28-3. Manufacturing permit. (a) Application for a permit to manufacture explosives shall be made to the state fire marshal in such form as the state fire marshal shall prescribe; and shall state, among other things:  (1) The name and address of the applicant;  (2) The reason for desiring to manufacture explosives;  (3) The applicants citizenship, if the applicant is an individual;  (4) If the applicant is a partnership, the names and addresses of the partners and their citizenship; and  (5) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship.  (b) The state fire marshal shall issue the permit applied for unless he or she finds that either the applicant or the officers, agents, or employees of the applicant have been convicted of a felony, or are disloyal to the United States, or otherwise do not qualify under rules and regulations as promulgated by the state fire marshal.  History of Section.P.L. 1979, ch. 313,  2; P.L. 2021, ch. 400,  23, effective July 13, 2021; P.L. 2021, ch. 401,  23, effective July 13, 2021. 
 23-28.28-31. License to conduct blasting operations. (a) No person shall conduct blasting operations unless he or she holds a license issued by the state fire marshal. Any person desiring to obtain a license to conduct blasting operations shall make application to the state fire marshal. A nonreturnable fee of ten dollars ($10.00) shall accompany each application; five dollars ($5.00) of which shall be for processing the application and five dollars ($5.00) for the examination. There shall be a fifty dollar ($50.00) fee for the license if issued. The application shall be in such form and contain such information as the state fire marshal may require. Within three (3) months after the date of receipt of his or her application, the applicant shall be examined as to his or her experience and ability to conduct blasting operations and, if found by the examiner to be qualified, he or she shall forthwith be issued a license. The license shall expire on June 30 of each year and may be renewed after its expiration without examination upon a payment fee of fifty dollars ($50.00). A holder of a license to conduct blasting operations whose license is lost, misplaced, or stolen may obtain a duplicate license from the state fire marshal upon payment of ten dollars ($10.00).  (b) Persons holding a valid out-of-state blasting certificate of competency shall be subject to all the requirements under this chapter.  (c) The state fire marshal is empowered to deny or immediately suspend or revoke the license of any holder found to be in violation of this law or any provision of chapter 28.28 of this title or rule or regulation related to explosives or has been convicted of arson at common law, or statutory burning involving the property of another.  (d) All fees collected pursuant to this section shall be deposited as general revenue.  (e) No person shall be permitted to work with blasting explosives unless he or she possesses a valid blasting license or possesses an apprentice permit and work under direct supervision of a licensed blaster.  (f) An apprentice permittee shall be required to be employed by a licensed blaster for a period of not less than eighteen (18) months prior to eligibility for examination. If the apprentice fails the examination, a re-examination can be given not less than one hundred eighty-three (183) days after the last examination date. A non-refundable fee of twenty-five dollars ($25.00) shall accompany each application for processing and issuance of each apprentice permit.  History of Section.P.L. 1979, ch. 313,  2; P.L. 1989, ch. 181,  1; P.L. 1993, ch. 138, art. 47,  1; P.L. 1994, ch. 120,  1; P.L. 1995, ch. 370, art. 40,  78. 
 23-28.28-32. Bond for blasting operations. (a) The applicant for a permit to possess or to use explosives shall file a bond with the state fire marshal in the penal sum of not less than fifty thousand dollars ($50,000), running to the state, with sureties approved by the state fire marshal, and with such conditions as the state fire marshal shall reasonably deem necessary and for such additional penal sums as the state fire marshal shall determine to be necessary to cover the losses, damages, or injuries that might ensue to persons or property by reason thereof.  (b) In addition to the requirement of section (a), prior to the use of explosives for demolition or prior to the issuance of a demolition permit, the local building inspector may require the applicant to file a bond with the locality in such amount, with such sureties and upon such conditions, as the local building inspector may reasonably deem necessary.  (c) Any person may recover on such bonds as described in this section for injury to his or her person or property.  History of Section.P.L. 1979, ch. 313,  2; P.L. 1994, ch. 120,  1; P.L. 1997, ch. 326,  91. 
 23-28.28-33. Disposal of detonators and explosives prohibited. Detonators or explosives shall not be disposed of except by turning them in to the state fire marshal.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-34. Penalty for violations  Seizure of explosives. (a) Any person who violates any provision of this chapter shall, upon conviction, be imprisoned for a term of not more than one year, or shall be fined not more than one thousand dollars ($1,000) or both.  (b) The state fire marshal or his or her deputies or any officer qualified to serve criminal process may arrest without a warrant any person found in violation of this chapter and shall seize immediately any and all explosives in illegal possession, use, or under his or her control, and the explosives seized shall upon conviction of that person be forfeited to the state.  (c) Notice of seizure of the explosives under subsection (b) shall immediately be sent to the state fire marshal by the officer making the seizure and the explosives seized shall be turned over to the state fire marshal to be held pending the trial.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-35. Forfeiture of vehicles, vessels, or aircraft. (a) Any vehicle, vessel, or aircraft being used to transport any explosives as defined under this chapter shall be seized and forfeited to the state if that vehicle, vessel, or aircraft is not being used by a person licensed to blast or a permittee to transport or possess explosives; provided, that no vehicle, vessel, or aircraft used by any person shall be forfeited under the provisions of this chapter unless it shall appear that the owner of the vehicle, vessel, or aircraft had knowledge, actual or constructive, and was a consenting party to the alleged illegal act.  (b) Any law enforcement agency whose duty it is to enforce the laws of this state is empowered to authorize designated officers or agents to carry out the seizure provisions of this chapter. It shall be the duty of any officer or agent so authorized, designated, or authorized by law, whenever he or she shall discover any vehicle, vessel, or aircraft which has been or is being used in violation of any provisions of this chapter, or in, upon, or by means of which any violation of this chapter has taken or is taking place, to seize such vehicle, vessel, or aircraft and to place it in the custody of such person as may be authorized or designated for that purpose by the respective law enforcement agency pursuant to these provisions.  (c) The attorney general shall proceed pursuant to  12-21-23  12-21-32 to show cause why the vehicle, vessel, or aircraft shall be forfeited to the use of, or the sale by, the law enforcement agency making the seizure on producing due proof that the vehicle, vessel, or aircraft was being used in violation of the provisions of this chapter. Notice to the owner thereof of the seizure and of the time set for hearing thereon shall not be less than five (5) days nor more than fifteen (15) days after the seizure. When it appears by affidavit that the residence of the owner of a vehicle, vessel, or aircraft is out of the state or is unknown to the attorney general the court shall appoint an attorney to represent the absent owner within ten (10) days after the application. The affidavit may be made by the attorney general or one of his or her assistants. The attorney so appointed may waive service and citation of the petition but shall not waive time or any legal defense. At all times herein notice shall also be given to all recorded lienholders and the use or sale of any vehicle, vessel, or aircraft forfeited under this chapter shall be subject to the rights of those recorded lienholders.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-36. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-37. Notice to adjoining landowners. Prior to the commencement of blasting operations, any person, firm, corporation, or other entity that is regulated pursuant to the provisions of this chapter shall notify the owner or owners of record of any improved real property within five hundred (500) feet, as measured from the nearest borehole to the closest improved real property, of an intended blast or detonation, excluding road, bridge, utility, and public works construction, no less than twenty-four (24) hours prior to the blast or detonation.  History of Section.P.L. 1999, ch. 414,  1. 
 23-28.28-38. Transportation of explosives. (a) All vehicles and associated equipment used for the transportation of Class A or Class B explosives shall be subject to annual inspection by the state fire marshals office and a permit issued stating that the vehicle and associated equipment meets the requirements of N.F.P.A. 495. There shall be a one hundred dollar ($100) permit fee.  (b) All fees collected pursuant to this section shall be deposited as general revenue.  History of Section.P.L. 2007, ch. 73, art. 33,  4. 
 23-28.28-4. Dealers permits. (a) Application for permits to engage in the business of dealing in explosives other than empty cartridge shells (primed), percussion caps, small arms ammunition, small arms primers, smokeless powder, and black powder for small arms shall be made to the state fire marshal in such form as the state fire marshal shall prescribe and shall state among other things:  (1) The name and address of the applicant;  (2) The reason for desiring to engage in the business of dealing in explosives;  (3) Citizenship, if an individual application;  (4) If a partnership, the names and addresses of the partners and their citizenship; and  (5) If an association or corporation, the names and addresses of the officers and directors thereof, and their citizenship.  (b) The state fire marshal shall issue the permit applied for only to businesses for use at their place of business unless he or she finds that either the applicant or the officer, agents, or employees of the applicant have been convicted of a felony, or are disloyal to the United States, or otherwise do not qualify under rules and regulations as promulgated by the state fire marshal.  History of Section.P.L. 1979, ch. 313,  2; P.L. 2021, ch. 400,  23, effective July 13, 2021; P.L. 2021, ch. 401,  23, effective July 13, 2021. 
 23-28.28-5. Permit to possess explosives. (a) Application for a permit to possess explosives, other than empty cartridge shells (primed), percussion caps, small arms ammunition, small arms primers and smokeless powder for small arms, or black powder in excess of five (5) pounds shall be made in writing to the state fire marshal in such form as the state fire marshal shall prescribe and shall state among other things:  (1) The name and address of the applicant;  (2) The reason for desiring the permit to possess explosives;  (3) The applicants citizenship, if the applicant is an individual;  (4) If the applicant is a partnership, the names and addresses of the partners and their citizenship; and  (5) If the applicant is a corporation or other business entity, the names and addresses of the officers thereof and their citizenship.  (b) The state fire marshal shall issue the permit applied for unless he or she finds that either the applicant or the officers, agents, or employees of the applicant have been convicted of a felony, or are disloyal to the United States, and, provided, further, that no permit shall be issued to any person under the age of twenty-one (21) years of age.  (c) Provided, however, that if the applicant holds a valid permit from the bureau of alcohol, tobacco, and firearms of the department of treasury, then the state fire marshal may issue a permit to possess explosives.  History of Section.P.L. 1979, ch. 313,  2; P.L. 1989, ch. 542,  61; P.L. 2021, ch. 400,  23, effective July 13, 2021; P.L. 2021, ch. 401,  23, effective July 13, 2021. 
 23-28.28-6. Permit to use explosives. Permit shall mean the authority granted by the state fire marshal, in writing, to use explosives. A permit for the use of explosives shall not be issued to any individual except those duly licensed and duly qualified to possess explosives by the state fire marshal. The state fire marshal shall retain a copy of each permit issued and shall immediately forward a copy of each permit to the city or town clerk in the city or town where work is to be performed. The city or town clerk shall be responsible for notifying local government officials and/or public safety officials of impending blast.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-7. Application for use permit  Emergency permit. The applicant must submit application to the state fire marshal, on a form issued by the state fire marshal, at least seventy-two (72) hours prior to the requested blast time. In the case of an emergency (an unforeseen hindrance that impedes the progress of a job that will cause financial hardship to the contractor if the hindrance is not rectified within a relatively short period of time) the applicant may apply for a permit to blast not less than twenty-four (24) hours before requested blast time and the state fire marshal may issue the permit. If the state fire marshal issues the emergency permit then applicant must hand deliver, immediately upon issuance by the state fire marshal, a copy of the emergency permit to the city or town clerk in the city or town in which blasting is to be done. Failure of applicant to deliver a copy of the emergency permit shall result in a fine of five hundred dollars ($500) and suspension of license for sixty (60) days.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-8. Quarry operations and repeated blasting. The state fire marshal may issue, in the case of quarry or repeated blasting on a specific site or project, a permit to use explosives up to a maximum of one year from the date of issue or the length of the project, whichever sooner expires.  History of Section.P.L. 1979, ch. 313,  2. 
 23-28.28-9. Standards for use of explosives. (a) All licensees under this chapter, when using any explosives, shall not exceed the standards of distance, amount of charge, maximum earth vibration, and maximum air shock as set forth in the United States department of the interior bureau of mines report of investigators number 8507 which is entitled Structure Response and Damage Produced by Ground Vibration from Surface Mines Blasting, and any amendment and/or modifications thereof, which standards are incorporated herein by reference.  (b) Blasting limits. No licensee shall use an explosive weight in pounds per delay in excess of the formula of the distance to the nearest structure in feet, divided by the factor of seventy (70), multiplied by itself, [W = (D/70) squared], except when seismograph monitoring as set forth in subsection (c).  (c) Seismograph required. Each licensee shall be required to perform a seismograph test at the nearest structure to the blast prior to and during any blasting that would exceed the limits as set forth in subsection (b).  (d)(1) Seismic limits. At the structure nearest to the blast, the peak particle velocity in any direction at frequencies between 2.5 and 10 Hertz shall not exceed 0.5 inches per second, and at each frequency, f, greater than 10 Hertz, the peak particle velocity shall not exceed 0.05f inches per second up to a maximum of 2 inches per second. In addition, at the nearest structure no air-shock (sound) reading shall exceed one hundred and thirty-four (134) decibels using a 0.1-Hz, high-pass system, or exceed one hundred and thirty-three (133) decibels using a 2-Hz high-pass system or exceed one hundred and twenty-nine (129) decibels using a 5-Hz or 6-Hz high-pass system.  (2) If the licensee is blasting within the allowed limits as dictated under subsection (b), but is found in excess of the seismic limits of this subsection, the licensee shall reduce the amount of explosives per delay, or adjust the operation to comply with the limits as dictated by this subsection.  History of Section.P.L. 1979, ch. 313,  2; P.L. 1994, ch. 120,  1. 
 23-28.29-1  23-28.29-17. Repealed. History of Section.P.L. 1974, ch. 287,  1; P.L. 1997, ch. 326,  40; Repealed by P.L. 2004, ch. 220,  33; P.L. 2004, ch. 225,  33, effective June 30, 2004. 
 23-28.3-1. Definitions. When used in this chapter: (1) Amendment means any modification or change in the code that shall be formulated, adopted, and issued by the board;  (2) Blanket variance means generalized relief from any provision of the fire safety code, including, but not limited to, time deadlines, when, in the opinion of the fire safety code board, these provisions have been rendered obsolete and/or impose an unanticipated, unreasonable hardship upon the general public, and the board finds that the decision to grant a blanket variance will not conflict with the general objectives of the code. All blanket variances shall only be effective until the next code adoption process by the board;  (3) Board means the fire safety code board created by this chapter;  (4) Building includes new and existing buildings and facilities, except private dwellings occupied by one, two (2), or three (3) families, in the various cities and towns in this state;  (5) Code means the minimum standard body of rules for fire safety known as the Fire Safety Code, chapters 28.1  28.39 of this title, or the rehabilitation building and fire code for existing buildings and structures, chapter 29.1 of this title;  (6) Variation or variance means a special limited modification or change in the code, including, but not limited to, time deadlines, which is applicable only to a particular type of building, structure, facility, regulated process or hazardous activity upon the petition of the person owning the building, structure, or facility, or maintaining the regulated process or hazardous activity. All variances shall be, to the extent practicable, in keeping with recognized national standards.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1975, ch. 165,  14; P.L. 2000, ch. 185,  4; P.L. 2000, ch. 290,  4; P.L. 2003, ch. 106,  6; P.L. 2003, ch. 107,  6; P.L. 2005, ch. 151,  5; P.L. 2005, ch. 155,  5; P.L. 2012, ch. 415,  22. 
 23-28.3-10. Other fire safety laws unimpaired. Nothing in this chapter shall be construed to repeal or limit or restrict in any way any present state law, statute, regulation, or order governing the reasonable minimum requirements for fire safety in new and existing buildings and facilities, except where the state law, statute, regulation, or order is inconsistent with the provisions of this chapter.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1968, ch. 2,  3; G.L. 1956,  23-28.3-11; P.L. 1975, ch. 165,  20. 
 23-28.3-11. Relief from responsibility. The commissioners and employees of the Fire Safety Code board of appeal and review shall not render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their official duties. Any suit instituted against any commissioner or employee of the Fire Safety Code board of appeal and review because of an act performed by him or her in the lawful discharge of his or her duties, and under the provisions of the Fire Safety Code, shall be defended by the legal representative of the state until the final termination of the proceedings. In no case shall the commissioners or employees be liable for costs in any action, suit, or proceedings that may be instituted in pursuance of the provisions of the Fire Safety Code, and any commissioner or employee, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his or her official duties in connection therewith.  History of Section.P.L. 1993, ch. 290,  1. 
 23-28.3-2. Fire safety code board of appeal and review  Composition  Appointment, terms, and removal of members. (a) There is hereby created a fire safety code board of appeal and review, consisting of eleven (11) members who shall be appointed by the governor with the advice and consent of the senate. Of the members of the board of appeal and review, one shall be a representative of the permanent fire chief, one shall be a representative of the building inspectors, one shall represent industry, one shall represent labor, one shall be a licensed architect, one shall be a licensed professional engineer, one shall be a representative of the fire protection industry, one shall be a representative of the volunteer fire chiefs, and three (3) shall be representatives of the public; provided, however, that one shall be an officer, partner, or proprietor of a Rhode Island company that is a small business as defined by the United States Small Business Administration. The governor shall designate one member of the board to be chairperson for a two (2) year term. The members of the board shall be chosen and shall hold office for six (6) years, and until their respective successors are appointed and qualified. In the month of February in each year, the governor shall appoint successors to the members of the board whose terms shall expire in that year, to hold office until the first day of March in the sixth year after their appointments, and until their respective successors are appointed and qualified. Any vacancy which may occur in the board shall be filled by appointment for the remainder of the unexpired term in the same manner as the original appointment. The members of the board at their first annual meeting shall elect such other officers as they may deem necessary. A member of the board may be removed by the governor only for cause and after filing of charges, notification thereof to the member, a hearing thereon before the state personnel appeal board, and the filing of findings by the board.  (b) The actions on appeals shall be determined by a majority vote by members present with at least five (5) members in accord on any decision.  (c) The chairperson of the board may appoint such subordinates and clerical and other assistants as may be necessary for the proper performance of its duties, within the limit of available appropriations therefor, all of which appointments shall be in the unclassified service; provided, however, that the chairperson of the board, subject to the provisions of chapter 4 of title 36, shall be the appointing authority for the executive director, who shall be in the classified service.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.3-4; P.L. 1975, ch. 165,  16; P.L. 1977, ch. 109,  1; P.L. 1980, ch. 363,  1; P.L. 2008, ch. 215,  1; P.L. 2008, ch. 322,  1. 
 23-28.3-3.1. Rules and regulations, rehabilitation of existing buildings and structures. The state fire safety code board has the power to adopt, promulgate, amend, and repeal the fire safety code elements of the rehabilitation building and fire code for existing buildings and structures, which shall be administered as a sub-code of the fire safety code. Any existing building or structure, subject to the provisions of the rehabilitation building and fire code for existing buildings and structures, shall also comply with the existing occupancy provisions of the Rhode Island Fire Safety Code addressing the current or proposed occupancy.  History of Section.P.L. 2000, ch. 185,  5; P.L. 2000, ch. 290,  5; P.L. 2003, ch. 106,  6; P.L. 2003, ch. 107,  6. 
 23-28.3-3. Rules and regulations. (a) The state fire safety code board has the power to promulgate, amend, and repeal rules and regulations to safeguard life and property from the hazards of fire and explosives consistent with the provisions of the Fire Safety Code, chapters 28.1 through 28.39 of this title, and consistent with the rehabilitation building and fire code for existing buildings and structures, chapter 29.1 of this title. The regulations, amendments, or repeals shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection. The rules and regulations promulgated by the board, which are known as the state Fire Safety Code, are in effect in all the cities, towns, counties, and political subdivisions in the state. Whenever the provisions of any other statute or local regulation are more stringent or impose higher standards than the state fire safety code, that statute or local regulations will govern, unless it is not consistent with the state code or contrary to recognized standards or good engineering practices. The board determines the relative priority of the regulations.  (b) All rules and regulations adopted by the state fire safety code board shall be adopted in accordance with the Administrative Procedures Act (R.I.G.L. 42-35-1 et seq.).  (c) For the purpose of any public hearing under this chapter, the state fire safety code board has the power to summon witnesses and administer oaths for the purpose of giving testimony.  (d) The board shall provide for reasonable interpretation of the provisions of this code, and rule on appeals from decisions of the fire marshal.  History of Section.P.L. 1975, ch. 165,  17; P.L. 2000, ch. 185,  4; P.L. 2000, ch. 290,  4; P.L. 2003, ch. 106,  6; P.L. 2003, ch. 107,  6. 
 23-28.3-4. Compensation of board members. (a) The members of the board shall not be compensated for their service on the board, but shall be reimbursed for their reasonable expenses.  (b) In no event shall the fire safety code board expend more than fifty-seven thousand five hundred dollars ($57,500) for expenses of board members.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1973, ch. 176,  3; G.L. 1956,  23-28.3-5; P.L. 1975, ch. 165,  18; P.L. 1976, ch. 271,  1E; P.L. 1978, ch. 343,  1; P.L. 1979, ch. 386,  1; P.L. 2005, ch. 117, art. 21,  22. 
 23-28.3-5. Assistance to building owners  Petition for variations. (a) Any building owner, and/or the operator of any regulated process or hazardous activity, may consult with the authority having jurisdiction for advice and assistance in complying with the provisions of the fire safety code adopted pursuant to chapters 28.1  28.39 and chapter 29.1 of this title, or any amendments to those codes or any codes adopted under them. In case of practical difficulties, the authority having jurisdiction shall refer all requests for variations from particular provisions of the fire safety code adopted pursuant to chapters 28.1  28.39 of this title or any code adopted under them to the fire safety code board. All requests for variations from the particular provisions of the fire safety code adopted pursuant to chapter 29.1 of this title shall be referred to the joint committee pursuant to the provisions of  23-29.1-4. The petitioner shall set forth in his or her petition to the board the grounds or reasons for requesting the variations.  (b) The board shall fix a day for hearing on the petition and shall give reasonable notice of the hearing to the petitioner and the property owners within two hundred feet (200) of the petitioners building or structure when, in the boards discretion, it may have an adverse effect on neighboring properties. A properly indexed record of all variations made shall be kept in the office of the state fire marshal and shall be open to public inspection. Any building owner may file a petition for a variance to the board by registered mail, and a hearing date shall be set by the board within thirty (30) days of filing a completed application including a filing fee, established in accordance with the following fee schedule:   (1) Petitions related to existing covered occupancies, not involving construction, alteration, and/or renovation . . . $100 filing fee.  (2) Petitions related to construction, alteration, renovation, and/or conversion or other buildings and structures:  (i) not more than 8,000 square feet . . . $100 filing fee (ii) more than 8,000 square feet but not more than 25,000 square feet . . . $300 filing fee  (iii) more than 25,000 square feet but not more than 50,000 square feet . . . $500 filing fee  (iv) more than 50,000 square feet . . . $1,000 filing fee (3) Petitions related to maintenance or use of buildings or materials and any petition not otherwise provided for above . . . $100 filing fee.  (4) The term square feet, as used in this chapter, is the total floor space and/or storage capacity of the subject building or structure, as determined and certified by the state fire marshal or his or her designee, subject to review by the board. The board chairperson may delegate a subcommittee of the board to conduct a hearing and take testimony from the petitioner. The subcommittee shall make recommendations to the board as to their findings, and a decision shall be rendered within ten (10) days of the subcommittees report. If the petitioner is aggrieved by the subcommittees recommendations, the petitioner has the right of hearing before the entire board within thirty (30) days of the rendered decision.   (c) The application filing fee income shall be deposited as general revenue.  (d)(1) The fire safety code board may grant a blanket variance when, in the opinion of the fire safety code board, any specific provision of the fire safety code has been rendered obsolete and/or imposes an unanticipated, unreasonable hardship upon the general public, and the board finds that the decision to grant a blanket variance will not conflict with the general objectives of the code. All blanket variances shall only be effective until the next code adoption process by the board.  (2) In order to provide for the reasonable and orderly implementation of the fire safety code effective on January 1, 2004, the fire safety code board of appeal and review may, by variance and/or blanket variance, affirm and reestablish any variances, blanket variances, and timetables for compliance as were in effect on December 31, 2003.  (e) Any person who violates a final order of the Board, upon proper written notification, is deemed guilty of a misdemeanor, and, upon conviction, is imprisoned for a term not exceeding one year, or fined not more than one thousand dollars ($1000) for each offense. The district court shall have full equity power to hear and address these matters.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.3-6; P.L. 1975, ch. 165,  19; P.L. 1978, ch. 47,  1; P.L. 1992, ch. 133, art. 38,  1; P.L. 1993, ch. 138, art. 51,  1; P.L. 1995, ch. 370, art. 40,  79; P.L. 2000, ch. 185,  4; P.L. 2000, ch. 290,  4; P.L. 2003, ch. 106,  6; P.L. 2003, ch. 107,  6; P.L. 2004, ch. 220,  4; P.L. 2004, ch. 225,  4; P.L. 2005, ch. 151,  5; P.L. 2005, ch. 155,  5. 
 23-28.3-6. Review of refusal of variation  Review of final order. Any building owner aggrieved by any decision of the board refusing to grant a variation pursuant to the provisions of  23-28.3-5 may, within thirty (30) days after the decision, commence an action in the sixth division of the district court against the state fire marshal for a review of the decision. The findings of the board shall be conclusive unless clearly erroneous. A party aggrieved by a final order of the court may seek review thereof in the supreme court by petition for writ of certiorari in accordance with the procedures contained in  42-35-16.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.3-7; P.L. 1975, ch. 165,  20; P.L. 1978, ch. 315,  1. 
 23-28.3-7. Judicial review of code provisions. Any person aggrieved by the enforcement against him or her of the Fire Safety Code, chapters 28.1  28.39 of this title, any safety code adopted under this chapter, or any amendments thereof may, after its effective date, commence an action in the district court for the county in which the building involved is located against the state fire marshal to set aside the code or codes or portion or portions thereof on the ground that it is unlawful or unreasonable. The court may set aside the code or codes or portion or portions thereof if, upon all the evidence, it appears to the court that the code or codes or portion thereof is unlawful or unreasonable.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.3-8; P.L. 1975, ch. 165,  20; P.L. 2004, ch. 220,  4; P.L. 2004, ch. 225,  4. 
 23-28.3-8. Notice of judicial review  Civil rules applicable. In any proceedings under  23-28.3-6 and 23-28.3-7, the court shall order notice to be given to the board and to the state fire marshal in such manner as it shall determine. The proceeding and the pleadings therein shall be governed by the laws and rules of practice applicable to other civil actions in the court.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.3-9; P.L. 1975, ch. 165,  20. 
 23-28.3-9. Violations of chapter or codes. Unless otherwise specifically specified in this code, any building owner or lessee who violates or fails or refuses to comply with the provisions of this chapter, the Fire Safety Code, chapters 28.1  28.39 of this title, or any code adopted by the board, or any lawful order of the authority having jurisdiction shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500) or shall be imprisoned for not exceeding six (6) months, or both so fined and imprisoned for each offense; and each day the violation, omission, failure, or refusal continues shall be deemed a separate offense; provided, that any person who shall knowingly make, give, or produce any false statements or false evidence, under oath, to the authority having jurisdiction or to the fire safety board, shall be guilty of perjury. It shall be the duty of the authority having jurisdiction to enforce the provisions of this chapter.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.3-10; P.L. 1975, ch. 165,  20; P.L. 1978, ch. 47,  1; P.L. 2004, ch. 220,  4; P.L. 2004, ch. 225,  4. 
 23-28.30-1  23-28.30-42. Repealed. History of Section.P.L. 1975, ch. 57,  1; P.L. 1977, ch. 210,  1; P.L. 1978, ch. 398,  1; P.L. 1979, ch. 89,  1; P.L. 1979, ch. 243,  1; P.L. 1983, ch. 245,  12; P.L. 1990, ch. 72,  6; P.L. 1991, ch. 67,  48-52; P.L. 1999, ch. 83,  56; P.L. 1999, ch. 130,  56; Repealed by P.L. 2004, ch. 220,  34; P.L. 2004, ch. 225,  34, effective June 30, 2004. 
 23-28.31-1  23-28.31-12. Repealed. History of Section.P.L. 1976, ch. 271,  25; P.L. 1983, ch. 245,  13; P.L. 1989, ch. 181,  1; P.L. 1991, ch. 67,  53-56; Repealed by P.L. 2004, ch. 220,  35; P.L. 2004, ch. 225,  35, effective June 30, 2004. 
 23-28.32-1  23-28.32-11. Repealed. History of Section.P.L. 1976, ch. 271,  26; P.L. 1986, ch. 162,  2; P.L. 1997, ch. 326,  41; Repealed by P.L. 2004, ch. 220,  36; P.L. 2004, ch. 225,  36, effective June 30, 2004. 
 23-28.33-1  23-28.33-6. Repealed. History of Section.P.L. 1976, ch. 270,  3; P.L. 1976, ch. 271,  27; P.L. 1997, ch. 326,  42; Repealed by P.L. 2004, ch. 220,  37; P.L. 2004, ch. 225,  37, effective June 30, 2004. 
 23-28.34-1  23-28.34-7. Repealed. History of Section.P.L. 1976, ch. 238,  1; P.L. 1991, ch. 67,  57, 58; P.L. 1992, ch. 91,  1; P.L. 2001, ch. 177,  2; Repealed by P.L. 2004, ch. 220,  38; P.L. 2004, ch. 225,  38, effective June 30, 2004. 
 23-28.35-1  23-28.35-15. Repealed. History of Section.P.L. 1985, ch. 332,  1; P.L. 1986, ch. 2,  1; P.L. 1988, ch. 41,  1; P.L. 1988, ch. 344,  1; P.L. 1992, ch. 91,  2; P.L. 1995, ch. 312,  1; P.L. 1997, ch. 356,  1; P.L. 1998, ch. 63,  1; P.L. 2000, ch. 166,  1; P.L. 2001, ch. 25,  1; P.L. 2001, ch. 177,  4; P.L. 2001, ch. 393,  1; Repealed by P.L. 2004, ch. 220,  39; P.L. 2004, ch. 225,  39, effective June 30, 2004. 
 23-28.36-1. Legislative findings. The general assembly finds and declares that by reason of their employment, fire fighters, police officers, and emergency medical technicians are required to work in the midst of, and are subject to, exposure to infectious diseases, including, but not limited to, human immunodeficiency virus (HIV), hepatitis B virus (HBV), and hepatitis C virus (HCV); that after exposure, fire fighters, police officers, and emergency medical technicians are not informed of the exposures; that fire fighters, police officers, and emergency medical technicians so exposed can potentially and unwittingly expose coworkers, families, and members of the public to infectious diseases. The general assembly further finds and declares that all the aforementioned conditions exist and arise out of or in the course of employment.  History of Section.P.L. 1986, ch. 288,  1; 1988, ch. 382,  2; P.L. 2001, ch. 390,  1. 
 23-28.36-2. Definitions. The following terms when used in this chapter shall have the following meanings herein ascribed:  (1) Contagious disease means an infectious disease.  (2) Disability means a condition of physical incapacity to perform any assigned duty or duties in the fire department or emergency medical service.  (3) Emergency medical technician means a person licensed pursuant to chapter 4.1 of this title to provide emergency medical services.  (4) Fire department means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from fire or other emergency.  (5) Fire fighter means an individual who is assigned to fire fighting activity and is required to respond to alarms and perform emergency action at the location of a fire, hazardous materials, or other emergency incident.  (6) Infectious disease means interruption, cessation, or disorder of body functions, systems, or organs transmissible by association with the sick or their secretions or excretions, excluding the common cold. Infectious disease includes, but is not limited to, human immunodeficiency virus (HIV), hepatitis B virus (HBV), and hepatitis C virus (HCV).  (7) Licensed facility means a hospital, nursing home, dialysis center, physicians office operatory, or the like, as may be licensed by the state to provide medical care.  (8) Police officer means any permanently employed city or town police officer, state police officer, committing squad member, or other permanent law enforcement officer as defined in  12-7-21; provided, however, this shall not include the highest ranking officer of any of the departments.  (9) Strike force member means any member of the statewide strike force of the department of attorney general.  History of Section.P.L. 1986, ch. 288,  1; P.L. 1988, ch. 382,  2; P.L. 1991, ch. 315,  1; P.L. 2001, ch. 390,  1; P.L. 2006, ch. 599,  8. 
 23-28.36-3. Notification of infectious diseases. (a) Notwithstanding the provisions of  40.1-5-26 (disclosure of confidential information and records under mental health law) and 5-37.3-4 (confidentiality of health care information), if, while treating, investigating, or transporting an ill or injured person to a licensed facility, a fire fighter, police officer, strike force member or emergency medical technician is occupationally exposed (e.g. blood borne exposure) to a person who is subsequently diagnosed as having an infectious disease, and the exposure is sufficient to create the risk of transmission of the disease, the licensed facility receiving that person shall notify the highest ranking officer of the treating, investigating, or transporting individuals department of health of the exposure to that person which officer shall then notify the exposed individual. Further, any city or town police department notified of infectious diseases pursuant to the provisions of this section shall, within forty-eight (48) hours, notify any strike force member who was exposed to the infected person.  (b) The notification shall be made within forty-eight (48) hours, or sooner, of confirmation of the patients diagnosis.  (c) The notified employee shall contact the licensed health care facility to determine the infectious disease to which he or she has been exposed, and to receive the appropriate medical direction for dealing with the infectious disease.  (d) Notification made pursuant to this section shall be conducted in a manner which will protect the confidentiality of the patient, fire fighter, police officer, or emergency technician.  History of Section.P.L. 1986, ch. 288,  1; P.L. 1988, ch. 382,  2; P.L. 1988, ch. 503,  2; P.L. 1991, ch. 315,  1; P.L. 2006, ch. 599,  8. 
 23-28.36-4. Occupational disability for fire fighters. Any active fire fighter or police officer who is unable to perform his or her duties in his or her department by reason of exposure to infectious disease as defined in  23-28.36-2, which infectious disease develops or manifests itself as a result of the exposure during a period while the fire fighter or police officer is in the service of the department, shall be entitled to receive an occupational disability, and he or she shall be entitled to all of the benefits provided for in chapter 19 of title 45, as applicable.  History of Section.P.L. 1986, ch. 288,  1; P.L. 1988, ch. 382,  2; P.L. 1989, ch. 542,  62. 
 23-28.37-1. Findings. The general assembly finds and declares that, by reason of their employment, firefighters and emergency medical technicians are required to work in the midst of and are subject to exposure to infectious diseases, especially hepatitis B; that the U.S. center for disease control has estimated that two hundred thousand (200,000) persons in the U.S. are infected each year with hepatitis B, and of that number twenty-five percent (25%) become ill, ten thousand (10,000) require hospitalization, and five thousand (5,000) die; that it is estimated that there are from five hundred thousand (500,000) to one million (1,000,000) infectious hepatitis B carriers in the U.S. of which up to eighty percent (80%) of chronic carriers are unaware that they have hepatitis B and are capable of spreading it; that there is no known cure for hepatitis B, and for firefighters, there is no way of knowing who among those being helped at an accident or a fire is a hepatitis B carrier. The general assembly further finds and declares that all the aforementioned conditions exist and arise out of or in the course of employment.  History of Section.P.L. 1987, ch. 544,  1. 
 23-28.37-2. Definitions. The following terms, when used in this chapter, shall have the meanings herein described: (1) Emergency medical technician means a person licensed pursuant to chapter 4.1 of this title to provide emergency medical services.  (2) Fire department means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from fire or other emergency.  (3) Firefighter means an individual who is assigned to firefighting activity and is required to respond to alarms and perform emergency action at the location of a fire, hazardous materials, or other emergency incident.  History of Section.P.L. 1987, ch. 544,  1. 
 23-28.37-3. Vaccination. Any active firefighter or emergency medical technician, who may be exposed to hepatitis B during a period while the firefighter or emergency medical technician is in the service of the fire department, shall be vaccinated at the request of the firefighter or emergency medical technician for protection against hepatitis B.  History of Section.P.L. 1987, ch. 544,  1. 
 23-28.37-4. Administration of program. The department of health shall conduct a series of clinics in the various geographic areas of the state for the purpose of administering the vaccination against hepatitis B. The department of health shall coordinate the scheduling and location of the vaccination clinics with the fire departments within the geographic areas.  History of Section.P.L. 1987, ch. 544,  1. 
 23-28.38-1, 23-28.38-2. Repealed. History of Section.P.L. 1991, ch. 68,  1; Repealed by P.L. 2004, ch. 220,  40; P.L. 2004, ch. 225,  40, effective June 30, 2004. 
 23-28.39-1. Repealed. History of Section.P.L. 1994, ch. 112,  1; Repealed by P.L. 1997, ch. 297,  1, effective July 8, 1997. 
 23-28.4-1. Definitions. The following terms when used in this chapter shall have the meanings herein ascribed: (1) Employee means a person involved in performing the duties and responsibilities of a fire department, under the auspices of the organization. A fire department employee may be a full-time, or part-time, or volunteer employee, may occupy any position or rank within the fire department, and may or may not engage in emergency operations.  (2) Employer means any person who has one or more employees, but does not include the United States. A fire district shall be considered an employer.  (3) Fire department means an organization providing rescue, fire suppression, and related activities.  (4) NFPA means national fire protection association.  (5) Provide means to furnish, supply, or to make arrangements for full monetary reimbursement.  History of Section.P.L. 1988, ch. 542,  2; P.L. 1989, ch. 172,  1. 
 23-28.4-2. Scope and purpose. This chapter establishes minimum requirements for a safety and health program for a fire department or any type of organization providing similar services. This chapter is not intended to supersede any more stringent requirements in effect at any fire department in the state. Fire departments are encouraged to provide protection that exceed the minimum requirements specified in this chapter.  History of Section.P.L. 1988, ch. 542,  2. 
 23-28.4-3. Applicability. The requirements of this chapter apply to public fire departments, private, or contractual type fire departments primarily performing duties normally performed by public fire departments.  History of Section.P.L. 1988, ch. 542,  2. 
 23-28.4-4. General requirements. It is the intent of this chapter to ensure that NFPA 1500: Standard on Fire Department Occupational Safety and Health Program is adopted and adhered to by all applicable fire departments in the state.  History of Section.P.L. 1988, ch. 542,  2. 
 23-28.4-5.1. NFPA 1500 Implementation Plan Review Committee  Creation and membership. (a) There is hereby created a NFPA 1500 Implementation Plan Review Committee consisting of three (3) members: one of whom shall be appointed by the Rhode Island League of Cities and Towns, one of whom shall be appointed by the Rhode Island State Association of Fire Fighters, and one of whom shall be appointed by the Rhode Island Fire Chiefs Association. The terms of all members shall be for four (4) years.  (b) The NFPA Implementation Plan Review Committee shall meet at the call of the chairperson, but not less than bi-monthly to review the implementation plans as submitted by the applicable fire departments pursuant to  23-28.4-5. The Implementation Plan Review Committee, after reviewing each fire departments implementation plan, shall make a report available as to the progress of each applicable departments compliance or noncompliance with NFPA 1500 by January 1, 2007.  History of Section.P.L. 2006, ch. 574,  2; P.L. 2012, ch. 415,  23. 
 23-28.4-5. Implementation plan. Each applicable fire department in the state shall formulate a written plan to implement the requirements of NFPA 1500 not more than one hundred twenty days (120) after July 10, 1990 which shall be updated annually and a copy shall be given to the director of labor and training to be kept on file, and a copy shall be given to the bargaining agent representing employees within the fire department. A copy of each applicable fire departments NFPA 1500 implementation plan shall be forwarded by the department of labor and training to the NFPA 1500 Implementation Plan Review Committee, as established pursuant to  23-28.4-5.1, within thirty (30) days after its receipt by the department of labor and training. The plan shall identify each specific requirement of NFPA 1500 for which the fire department currently complies and each specific requirement for which corrective action must be initiated for compliance. The plan shall include a timetable for corrective action. The written plan shall be made available for review by any fire department employee and/or employee representative. Compliance for each specific requirement of NFPA 1500 shall be accomplished not later than three (3) years after June 9, 1988.  History of Section.P.L. 1988, ch. 542,  2; P.L. 1990, ch. 388,  1; P.L. 1991, ch. 115,  1; P.L. 2006, ch. 574,  1. 
 23-28.4-6.1. Notice of pesticide and asbestos operations. (a) Every state or local municipal agency and every licensed asbestos contractor under chapter 24.5 of this title, and certified commercial applicator or licensed commercial applicator under chapter 25 of this title, shall notify the local fire fighting authorities of any asbestos abatement activity or pesticide fumigation. This notice shall be in writing and shall include the address where the activity is to take place, the date and time the activity is to be conducted and the materials to be used. Further, any pesticide fumigation involving any building structure which uses any type of gas including, but not limited to, methyl bromide, phosphine, or sulfuryl fluoride shall clearly display either a sign with the word danger or a sign with the symbol of a skull and crossbone.  (b) Any violation of asbestos abatement activity under the provisions of this section shall be administered by the director of the department of health in accordance with the provisions provided in chapter 24.5 of this title. Any violation of pesticide fumigation under the provisions of this section shall be administered by the director of the department of environmental management in accordance with the provisions provided in chapter 25 of this title.  History of Section.P.L. 1989, ch. 271,  1. 
 23-28.4-6. Exemptions. (a) This chapter shall not apply to volunteer fire departments.  (b) The following NFPA 1500 chapters and sections shall not apply to this chapter:  (1) Chapter 3, training and educational standards;  (2) Chapter 8-4, fire department physicians;  (3) Chapter 8-5, physical fitness programs.  History of Section.P.L. 1988, ch. 542.  2. 
 23-28.4-7. Responsibility for enforcement. The provisions of this chapter shall be enforced by the director of labor and training. History of Section.P.L. 1988, ch. 542,  2; P.L. 1989, ch. 172,  1; P.L. 1989, ch. 288,  1; P.L. 1991, ch. 116,  1. 
 23-28.5-1. Inspection of places where combustible materials accumulate. The authority having jurisdiction is hereby authorized and empowered to inspect at any reasonable hour all buildings, structures, or other places, except buildings used wholly as dwelling houses, where any combustible material, that is or may become dangerous as a fire menace to the buildings, structures, or other places, has been allowed to accumulate, or where the authority having jurisdiction has reason to believe that the material of a combustible nature has accumulated, or is liable to accumulate, provided, that any building constructed so as to be occupied as dwellings in more than one apartment, reached by common stairs, hallways, entries, or corridors, or shall be so constructed as to be occupied in part for a dwelling or dwellings, and in part for business purposes, the stairs, hallways, entries and corridors, basement, storage areas, boiler rooms, and laundry rooms thereof used in common, shall be subject to inspection in the daytime as is provided above, and the occupant or occupants thereof shall be subject to the same duties and liabilities as are provided in the Fire Safety Code, and shall likewise be subject to the provisions of  23-28.5-3.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1975, ch. 165,  22; P.L. 1978, ch. 48,  1; P.L. 1997, ch. 326,  66. 
 23-28.5-2. Notice to remove combustible materials. If the authority having jurisdiction, after any inspection made under the authority of  23-28.5-1, shall in its discretion deem that the accumulation of a combustible nature increases the danger of fire to the premises where the accumulation has been permitted, or to the property adjacent thereto, the authority having jurisdiction shall give notice in writing to the occupant or occupants or one of them, of the premises where the accumulation has been permitted, to remove or cause to be removed, from the premises the material of a combustible nature, within forty-eight (48) hours after receipt by the occupant or occupants of the notice. In case the material of a combustible nature shall not be removed within forty-eight (48) hours as aforesaid, the authority having jurisdiction may cause the material to be removed from the premises, and thereupon shall cause notice in writing of the cost and expense of the removal to be given to the occupant or occupants, or one of them, and also certify the amount thereof to the city or town clerk of the city or town, and in case the cost and expense shall not be paid to the city or town treasurer within thirty (30) days after the notice, the city or town may recover the cost and expense in a civil action against the occupant or occupants.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1975, ch. 165,  22; P.L. 1978, ch. 48,  1. 
 23-28.5-3. Penalties for violations. Any person refusing to allow inspections or hindering or obstructing the authority having jurisdiction to make an inspection, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or imprisoned for not more than thirty (30) days for each offense. Any persons who shall refuse or neglect to remove the material of a combustible nature at the expiration of the forty-eight (48) hours notice provided for in  23-28.5-2, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), or imprisoned for not more than sixty (60) days for each offense.  History of Section.P.L. 1966, ch. 216,  1; P.L. 1975, ch. 165,  22; P.L. 1978, ch. 48,  1. 
 23-28.5-4. Inspection of places where dangerous substances are kept. The authority having jurisdiction is hereby authorized and empowered to inspect from time to time, at any reasonable hour, all places, except dwelling houses and the portion of any building as is occupied for dwelling purposes, where they have reason to believe that articles or substances are manufactured, stored, kept, sold, or used, which are dangerous, or under certain conditions might become dangerous, to the public safety by, through, or in case of combustion, fire, or explosion.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.5-5; P.L. 1975, ch. 165,  24; P.L. 1978, ch. 48,  1. 
 23-28.5-5. Penalty for hindering inspection. Any person refusing to allow inspections, or hindering or obstructing the authority having jurisdiction authorized to make an inspection, in the making of the same, shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000) for the offense.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.5-6; P.L. 1975, ch. 165,  24; P.L. 1978, ch. 48,  1; P.L. 2004, ch. 220,  5; P.L. 2004, ch. 225,  5. 
 23-28.5-6. Appeal to district court. (a) Any person, firm, or corporation aggrieved by the decision or order of any fire official may appeal therefrom to the district court, by filing within thirty (30) days of the order or decision, a sworn petition in the court, which shall set forth the grounds upon which the appeal is taken. Notice of the appeal shall be served on the fire official who rendered the decision or order by a citation issued out of the court following the general course of civil proceedings.  (b) The petition shall be in order for assignment for hearing on the motion day which occurs next after fifteen (15) days from the filing of the petition.  (c) The district court shall proceed to hear de novo all questions of law and fact therein involved as may be presented by any party in interest, and determine the questions involved, and decide the merits of the controversy.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.5-7; P.L. 1975, ch. 165,  24; P.L. 2004, ch. 220,  5; P.L. 2004, ch. 225,  5. 
 23-28.5-7. Appeal to supreme court. (a) Any person aggrieved by the final decree in the district court may appeal to the supreme court on any question of law or equity decided adversely to the appellant. The appeal shall follow the general procedure prescribed by the Workers Compensation Act, chapters 29  37 of title 28.  (b) The claim of an appeal shall suspend the operation of any order or decree appealed from, but, in the case of default in taking the procedure required, the suspension shall cease, and the district court upon motion of any party shall proceed as if no claim of appeal has been made, unless it be made to appear to the district court that the default no longer exists.  History of Section.P.L. 1966, ch. 216,  1; G.L. 1956,  23-28.5-8; P.L. 1975, ch. 165,  24; P.L. 2004, ch. 220,  5; P.L. 2004, ch. 225,  5. 
 23-28.6-1  23-28.6-4. Repealed. History of Section.P.L. 1976, ch. 271,  2; P.L. 1978, ch. 353,  1; P.L. 2003, ch. 106,  7; P.L. 2003, ch. 107,  7; Repealed by P.L. 2004, ch. 220,  6, and by P.L. 2004, ch. 225,  6, effective June 30, 2004. 
 23-28.6-19. Repealed. History of Section.P.L. 1976, ch. 271,  2; Repealed by P.L. 1987, ch. 67,  1, effective June 16, 1987. For present provisions of law, see chapter 27.3 of this title. 
 23-28.6-20. Concerts and musical entertainment  Reserved seating required. Admissions to all indoor places of assembly seating over two thousand (2000) persons wherein musical concerts are to be performed shall be by reserved seating only. No proprietor of any place of assembly, and no managers or other person or persons in charge thereof shall sell or cause to be sold non-reserved seating for the performance. Any person violating the provisions of this section shall be fined not exceeding five thousand dollars ($5,000) for each offense.  History of Section.P.L. 1980, ch. 389,  1. 
 23-28.6-21. Sprinklers required. (a) All new and existing places of assembly shall be completely protected by an approved system of automatic sprinklers installed and maintained in accordance with N.F.P.A. Standard 13, 2002 Edition and its related standards pursuant to the schedule outlined in subsection (d) of this section.  (b) The requirements of subsection (a) of this section shall not apply to:  (1) Any place of assembly with an occupancy load of fifty (50) to three hundred (300) people of less concentrated use, exclusively calculated at fifteen (15) square feet per person;  (2) Any place of assembly with an occupancy load of fifty (50) to three hundred (300) people of concentrated use not classified as a nightclub;  (3) Any place of assembly with an occupancy load of fifty (50) to three hundred (300) people of concentrated use, classified as a nightclub with a posted maximum occupancy of less than one hundred fifty (150) people;  (4) Any existing building used primarily as a place of worship that is in compliance with the requirements for places of worship established pursuant to  23-28.6-24;  (5) The open assembly areas in existing unheated buildings used on a seasonal basis provided the building is protected by a properly maintained total (complete) fire alarm system during all periods of occupancy; and  (6) Student occupied assembly areas, such as auditorium(s), library(s), cafeteria(s) and gymnasium(s), within any existing building, classified as either an educational occupancy, or an institution of higher education such as a community college, a college and/or university, that is protected by a properly maintained total (complete) fire alarm system. In the event the owner or management of such a building plans to use one or more of the above assembly areas, in a manner inconsistent with the traditional educational use, for example a community meeting, a dance or a play, the owner or responsible management must first consult with the state fire marshals designee, in the local fire department, and develop a plan of action for such use. The proposed event shall only be conducted pursuant to the above plan of action. This exception shall not apply to any such existing higher education assembly area(s) used generally for commercial purposes such as an arena, restaurant, bar or lounge.  (c) Alternatively engineered sprinkler systems, approved by the Fire Safety Code Board of Appeal and Review, shall be allowed in the retrofitting of an existing place of assembly with sprinklers.  (d) All places of assembly with a maximum occupancy of more than three hundred (300) people shall be fully sprinkled in accordance with the above standards on or before July 1, 2005. All nightclubs with a posted maximum occupancy of one hundred fifty (150) or more people, and up to three hundred (300) people shall be fully sprinkled in accordance with the above standards on or before July 1, 2006. For good cause shown, the above deadlines may be extended by the Fire Safety Code Board of Appeal & Review.  (e) The occupancy of any place of assembly without a fire alarm system and/or sprinkler system after July 1, 2004, shall have its maximum occupancy adjusted by minus ten percent (10%) for the absence of a fire alarm system and minus twenty percent (20%) for the absence for the sprinklers, when fire alarm systems and/or sprinklers are required by law or regulation. Such downward adjustment in occupancy shall be cumulative and shall cease to apply when the premises are in compliance with requirements for fire alarms systems and sprinklers, and shall not affect any other requirements of the Fire Safety Code Board of Appeal and Review applicable to the premises. The ten percent (10%) and twenty percent (20%) reductions in maximum occupancy, herein set forth, may be waived, in writing, by the state fire marshal, assistant state fire marshal, deputy state fire marshals, the local fire chief of the jurisdiction in which the place of assembly is located, or an assistant deputy state fire marshal as designated by the local fire chief. Provided, however, that the owner or management responsible for the operation of the facility shall be required to operate said facility under an alternative plan of action for fire safety, which plan shall require the approval of the state fire marshal, the assistant state fire marshal, deputy state fire marshals, the local fire chief of the jurisdiction in which the place of assembly is located, or an assistant deputy state fire marshal as designated by the local fire chief, in order to qualify for the waiver provided for herein.  (f) A place of assembly with an occupancy of one hundred fifty (150) or greater and up to three hundred (300) may avoid the above occupancy adjustment by requiring a fire fighter to be on duty during all hours of occupancy. In no event shall the occupancy adjustment to the firefighter requirement alter the July 1, 2006 deadline for the installation of sprinklers.  (g) All places of assembly with an occupancy of less than one hundred fifty (150) shall use fire retardant paints or other coverings, to a standard acceptable to the Fire Safety Code Board of Appeal and Review, unless the building has sprinklers by July 1, 2006.  (h) The provisions of this section, in its entirety, shall not apply to places of worship except as may be required by the Fire Safety Code Board of Appeal and Review pursuant to  23-28.6-24.  History of Section.P.L. 2003, ch. 106,  8; P.L. 2003, ch. 107,  8; P.L. 2004, ch. 220,  7; P.L. 2004, ch. 225,  7; P.L. 2005, ch. 151,  6; P.L. 2005, ch. 155,  6; P.L. 2006, ch. 311,  2; P.L. 2006, ch. 506,  2; P.L. 2008, ch. 142,  1; P.L. 2008, ch. 180,  1; P.L. 2012, ch. 415,  24. 
 23-28.6-22. Nightclubs. Every special amusement building concentrated occupancy place of assembly nightclub as defined in  23-28.1-5 shall comply with the following requirements, consistent with requirements related thereto established by the Fire Safety Code Board of Appeal and Review and the state fire marshal. All such buildings shall:  (1) Have fire alarms that are municipally connected for occupancies of one hundred fifty (150) or greater and for all Class A and B places of assembly by July 1, 2004. These fire alarm systems shall be tested no less than quarterly.  (2) Have sprinklers in Class C places of assembly of one hundred fifty (150) or greater with an occupancy load of one hundred fifty (150) up to three hundred (300) people by July 1, 2006 and in Class A and B places of assembly with an occupancy load of greater than three hundred (300) people by July 1, 2005; provided, however, that this requirement shall not apply to fully alarmed buildings used exclusively as places of worship.  (3) Have alarm systems sound and upon the actuation of any smoke detector or fire alarm, have emergency lighting or other appropriate lighting activate, and require that any conflicting sounds or visuals cease, by February 20, 2004.  (4) Have two (2) fire extinguishers, which shall be at least twenty (20) pounds or such other size as may be established as appropriate by the Fire Safety Code Board of Appeal and Review, in each stage area, by February 20, 2004.  (5) Have floor proximity exit signs for all occupancies greater than one hundred fifty (150) by February 20, 2005.  (6) Provide an audible announcement of the location of emergency exits prior to each act or set.  (7) Have an emergency plan for the premises, approved by a fire marshal and consistent with rules established by the Fire Safety Code Board of Appeal a person on duty or a crowd manager on duty, who has been trained by the fire marshal with regard to the emergency plan and basic crowd management techniques by October 1, 2004. This requirement shall be in addition to the requirement for a detail fire fighter.  History of Section.P.L. 2003, ch. 106,  8; P.L. 2003, ch. 107,  8; P.L. 2004, ch. 220,  7; P.L. 2004, ch. 225,  7; P.L. 2012, ch. 415,  24. 
 23-28.6-23. Prohibited activities in places of assembly. (a) Pyrotechnics. The storage, handling, use of display of pyrotechnics is prohibited in all places of assembly, except as may be authorized below. Pyrotechnics may be permitted only in places of assembly with an occupancy load of greater than one thousand (1000) people that are fully fire alarmed and sprinklered and in places of assembly with an occupancy load of three hundred (300) up to one thousand (1000) people that are theatres and are fully fire alarmed and sprinklered and have specific advanced approval from the fire marshal, or his designee, for the use of such pyrotechnics in accordance with requirements established by the Fire Safety Code Board of Appeal and Review.  (b) The use of decorative or acoustical materials that are not certified, consistent with NFPA requirements or such other requirements as may be established by the Fire Safety Code Board of Appeal and Review is prohibited. Any person or entity violating the provisions of this section shall be fined in an amount not exceeding five thousand dollars ($5,000) for each offense.  History of Section.P.L. 2003, ch. 106,  8; P.L. 2003, ch. 107,  8; P.L. 2004, ch. 220,  7; P.L. 2004, ch. 225,  7. 
 23-28.6-24. Places of worship. (a) The Fire Safety Code Board of Appeal and Review shall establish and maintain a subcategory of assembly occupancies for places of worship and shall, consistent with the provisions of this section, specify code requirements applicable to the subcategory. Every place of worship as defined in  23-28.1-5 shall comply with the requirements for places of worship by the Fire Safety Code Board of Appeal and Review and administered by the state fire marshal. In establishing and maintaining this subcategory, the board shall give due consideration to the historic level of use as well as to occupant load and shall provide for separate calculation of occupant loads for sanctuaries and gathering halls and for distinct requirements for the different areas of the place of worship.  (b) Newly constructed places of worship shall comply with the applicable requirements for new occupancies.  (c) Existing places of worship shall comply with requirements established by the Fire Safety Code Board of Appeal and Review, pursuant to this subsection.  (1) The Fire Safety Code Board of Appeal and Review shall adopt reasonable requirements for fire safety in existing places of worship by July 1, 2007, which standards shall allow for the continued occupancy and use of the place of worship without undue hardship, with due consideration for the historic use and operation of the place of worship, unless such continued use and occupancy would constitute a serious threat to life. Such requirements shall provide that the place of worship shall have:  (i) Adequate egress, including exits, exit signs, and emergency lighting;  (ii) Adequate systems for discovery of fire and smoke and for altering occupants promptly and effectively; and  (iii) Adequate fire extinguishers.  (2) Existing places of worship shall not be subject to requirements for places of assembly to install sprinklers in the sanctuary or in other areas unless the state fire marshal, or official in the office of the state fire marshal designated by the state fire marshal in the capacity of the authority having jurisdiction, shall determine: (i) that in the absence of sprinklers, there would be a serious threat to life as a result of conditions specific to those areas in the place of worship; or (ii) that the kitchen of the place of worship is used for cooking food for more than two (2) hours per week as an annual average, in which case a requirement may be imposed for automatic fire suppression system in the kitchen. The code requirements applicable to the place of worship shall be deemed satisfactory purposes of the use of the place of worship or areas thereof by community members and groups and nonprofit organizations; provided, however, that the use of the place of worship or a portion thereof for an occupancy for a commercial purpose or for the regular conduct of an activity or function that requires licensure by the state may be subject to code requirements for that occupancy.  (d) The Fire Safety Code Board of Appeal and Review shall establish a timetable for existing places of worship to comply with the requirements adopted pursuant to subsection (c) of this section, which compliance timetable shall commence not sooner than January 1, 2008 and may extend beyond July 1, 2008.  (e) The Fire Safety Code Board of Appeal and Review and the state fire marshal shall in establishing, interpreting, administering and enforcing code requirements pertaining to this subcategory satisfy reasonable requirements for life safety in a manner that does not cause disproportionate effort or expense and that allows for continued occupancy as places of worship in buildings and structures where worship is a historic use, provided that any condition that represents a serious threat to life is mitigated by application of appropriate safeguards, and in so doing, shall give due consideration in applying the provisions of this paragraph to occupancies that normally are used by gatherings of less than fifty (50) persons.  History of Section.P.L. 2006, ch. 311,  3; P.L. 2006, ch. 506,  3; P.L. 2012, ch. 415,  24. 
 23-28.6-5. Admissions restricted and supervised. (a) Admissions to all places of assembly shall be supervised by the responsible management or by the person or persons delegated with the responsibility by the management, and the responsible person shall not allow admissions in excess of the maximum occupancy as provided in  23-28.6-3 [repealed], provided, subsections (c), (d), and (e) below do not apply to churches and places of worship, wherein patrons retain their outer clothing for immediate exit, and where they are confined for a period not exceeding two (2) hours duration. Only those portions of a building used exclusively for religious worship are included in this exception.  (b) The maximum occupancy of all areas shall be conspicuously posted by means of a sign furnished by the state fire marshals office.  (c) All places of assembly with an occupancy load of greater than one thousand (1,000) people shall have one uniformed fire fighter, and any additional uniformed fire fighters on duty when deemed necessary by the chief of the local fire department or the designee of the state fire marshal in the local fire department except as provided under subsection (f) of this section.  (d) All places of assembly, with an occupancy load of greater than three hundred (300) up to one thousand (1,000) people, of less concentrated use shall have a uniformed fire fighter and any additional uniformed fire fighters on duty when deemed necessary by the chief of the local fire department or the designee of the state fire marshal in the local fire department.  (e) All places of assembly with occupancy loads of fifty (50) up to one thousand (1,000) people of concentrated use shall have one uniformed fire fighter on duty when deemed necessary by the chief of the local fire department or the designee of the state fire marshal in the local fire department.  (f) On an event-by-event basis, in the absence of an unusual hazard, the chief of the local fire department or the designee of the state fire marshal in the local fire department may waive, in writing, the fire fighter on duty requirement of subsections (c) and (e) when the actual occupancy of a building for a specific event is substantially lower than the calculated occupancy of the building.  (g) All places of assembly with occupancy loads of fifty (50) up to one thousand (1,000) people of concentrated or less concentrated use being utilized for activities of unusual hazard shall have one uniformed fire fighter on duty during such activity, and any additional uniformed fire fighters on duty when deemed necessary by the chief of the local fire department or the designee of the state fire marshal in the local fire department unless this requirement is specifically waived in writing for each such event.  (h) The cost of all fire fighters on duty under subsections (c) through (f) of this section shall be borne by the management of the facility.  (i) The above assigned fire fighter(s) shall be equipped with portable communication devices which shall be provided for by the local fire department to allow direct communication to the dispatcher of the local fire department.  (j) Any person violating the provisions of this section shall be fined not exceeding five thousand dollars ($5,000) for each offense.  (k) The provisions of  23-28.2-17 shall apply to any fire fighter assigned to a place of assembly pursuant to this section.  History of Section.P.L. 1976, ch. 271,  2; P.L. 1978, ch. 345,  1; P.L. 1985, ch. 505,  1; P.L. 1990, ch. 421,  1; P.L. 2003, ch. 106,  7; P.L. 2003, ch. 107,  7; P.L. 2004, ch. 220,  7; P.L. 2004, ch. 225,  7. 
 23-28.6-6  23-28.6-18. Repealed. History of Section.P.L. 1976, ch. 271,  2; P.L. 1977, ch. 121,  1; P.L. 1978, 345,  1; P.L. 1983, ch. 245,  2; P.L. 1985, ch. 53,  1; P.L. 1985, ch. 501,  1; P.L. 1986, ch. 63,  1; P.L. 1987, ch. 154,  1; P.L. 1988, ch. 101,  2; P.L. 1988, ch. 174,  1; P.L. 1991, ch. 67,  2, 3; P.L. 1997, ch. 326,  171; P.L. 2003, ch. 106,  7; P.L. 2003, ch. 107,  7; Repealed by P.L. 2004, ch. 220,  6, and by P.L. 2004, ch. 225,  6, effective June 30, 2004. 
 23-28.7-1  23-28.7-19. Repealed. History of Section.P.L. 1976, ch. 271,  3; P.L. 1978, ch. 80,  1; P.L. 1978, ch. 219,  1; P.L. 1979, ch. 91,  1; P.L. 1982, ch. 322,  1; P.L. 1983, ch. 245,  3; P.L. 1990, ch. 72,  1; P.L. 1991, ch. 67,  4, 5; P.L. 1997, ch. 326,  88; P.L. 1999, ch. 83,  54; P.L. 1999, ch. 130,  54; Repealed by P.L. 2004, ch. 220,  8, and by P.L. 2004, ch. 225,  8, effective June 30, 2004. 
 23-28.8-1  23-28.8-15. Repealed. History of Section.P.L. 1976, ch. 271,  4; P.L. 1991, ch. 53,  1; Repealed by P.L. 2004, ch. 220,  9; P.L. 2004, ch. 225,  9, effective June 30, 2004. 
 23-28.9-1  23-28.9-12. Repealed. History of Section.P.L. 1976, ch. 271,  5; P.L. 1980, ch. 90,  1; P.L. 1983, ch. 245,  4; P.L. 1984, ch. 52,  1; P.L. 1984, ch. 56,  1; P.L. 1985, ch. 30,  1; P.L. 1985, ch. 121,  1; P.L. 1988, ch. 199,  1; P.L. 1991, ch. 67,  7-9; Repealed by P.L. 2004, ch. 220,  10; P.L. 2004, ch. 225,  10, effective June 30, 2004. 
 23-28-1  23-28-10. Repealed. History of Section.P.L. 1931, ch. 1800,  2, 5, 6, 7, 12, 13, 14; P.L. 1931, ch. 1800,  1, as enacted by P.L. 1937, ch. 2527,  2; G.L. 1938, ch. 354,  1-7; P.L. 1949, ch. 2319,  1; Repealed by P.L. 1966, ch. 216,  3. 
 23-29.1-1. Legislative findings and purpose. The general assembly finds and declares: (1) That there are throughout Rhode Island existing buildings and structures that are vacant or partially vacant and/or underutilized because rehabilitation of such buildings and structures to conform to the requirements for new structures under building and fire safety codes, is prohibitively expensive or impractical;  (2) That buildings and structures that are vacant or partially vacant constitute a public safety threat because of a lack of occupancy and a lack of investment in modernization and maintenance;  (3) That the presence of vacant and or partially vacant buildings and structures contributes to blight and or to the loss of economic viability of traditional city, town or village centers;  (4) That reinvestment in existing buildings and structures will strengthen local tax bases and provide employment opportunities in construction and building trades;  (5) That it is the purpose of this chapter to provide a code and regulations for repairing, rehabilitating, altering, improving, adding to and changing the use of existing buildings and structures in a manner that assures the health, welfare and safety of occupants and that facilitates designing improvements to existing buildings and structures to the code in an optimum manner with a minimum need to for variances; and  (6) That it is further the purpose of this chapter to provide a single uniform, statewide, harmonious rehabilitation building code with building code and fire safety code elements applicable to existing buildings and structures.  History of Section.P.L. 2000, ch. 185,  6; P.L. 2000, ch. 290,  6. 
 23-29.1-2. Joint Committee on the rehabilitation building code for existing buildings and structures. (a) Creation and membership. There is created a joint committee on the rehabilitation building and fire code for existing buildings and structures consisting of eleven (11) members: five (5) of whom shall be the chairperson of the building code standards committee established by  23-27.3-100.1.3 and four (4) members of the building code standards committee appointed by the building code standards committee; five (5) of whom shall be the chairpersons of the fire safety code board of appeal and review, established by  23-28.3-2, and four (4) members of the fire safety code board of appeal and review appointed by the fire safety code board of appeal and review, and one of whom shall be the executive director of the fire safety code board of appeal and review, who shall be an ex-officio, nonvoting member of the joint committee, and shall act as the executive secretary of the joint committee. From the voting members of the joint committee, the governor shall appoint one member to serve as chairperson and one member to serve as vice-chairperson. The terms of chairperson and vice-chairperson shall be for three (3) years, or until their successors are appointed.  (b) Powers and duties. The joint committee has the power and duty to:  (1) Approve, with any revisions it may deem necessary, the rehabilitation building code for existing buildings and structures following an affirmative vote by the committee on drafting and to recommend building code element of the rehabilitation building code for adoption by the building code standards committee and to recommend the fire safety code element of the rehabilitation building code for adoption by the fire safety code board of appeal and review;  (2) Draft and develop such amendments and revisions to the building code element and to the fire safety code element of the rehabilitation building code for existing buildings and structures as may be necessary or desirable to recommend of those amendments and revisions to the building code standards committee and the fire safety code board of appeal and review, as appropriate;  (3) Serve as the appeal board to hear and decide requests for variances from the rehabilitation building and fire code for existing buildings and structures; and  (4) Study and make recommendations with regard to coordinated, consistent, efficient, and effective administration of fire safety codes, building codes, and the rehabilitation building and fire code.  History of Section.P.L. 2000, ch. 185,  6; P.L. 2000, ch. 290,  6; P.L. 2005, ch. 151,  7; P.L. 2005, ch. 155,  7. 
 23-29.1-3. Content, adoption, and administration of the rehabilitation building code for existing buildings and structures. (a) Content. The rehabilitation building and fire code for existing buildings and structures shall have a building code element and a fire safety code element and shall make provisions for the repair, renovation, alteration, reconstruction, and change of use of and additions to existing buildings and structures. The code shall set forth standards for different types of uses; and for mixed-use buildings and structures, each portion of the building or structure shall be separately classified as to use. The standards shall include, but not be limited to, standards for building; for load bearing and structural elements; for plumbing, electrical, and mechanical systems; for fire resistant walls and for fire suppression, fire alarm, and fire detection systems; for accessibility, including accessibility for persons with disabilities, means of egress, elevators, escalators, stairways, doors, ramps, fire alarms, floor surfaces, restrooms and corridors; for vents and ventilation systems; and for historic buildings; provided however that such standards shall not affect minimum standards for habitancy.  (b) Committee on drafting. There shall be a sixteen (16) member committee on drafting the rehabilitation building and fire code for existing buildings and structures which shall have as its members the ten (10) voting members of the joint committee, the state fire marshal, the state building code commissioner, a representative of grow smart RI appointed by the chairperson of grow smart RI, a representative of the Rhode Island builders association appointed by the president of the Rhode Island builders association, a representative of the governors commission on disabilities, appointed by the chairperson of the governors commission on disabilities, and an historical preservation architect appointed by the executive director of the Rhode Island historical preservation and heritage commission. The executive secretary of the joint committee shall serve as secretary of the committee on drafting and be a nonvoting member of the committee. It shall be the duty of the joint committee to develop a rehabilitation building and fire code for existing buildings and structures, which shall have an element pertaining to fire safety and an element pertaining to building standards, and to recommend said rehabilitation building and fire code for consideration by the joint committee. The committee on drafting shall terminate upon an affirmative vote of the joint committee to recommend the rehabilitation building and fire code for existing buildings and structures for adoption by the building code standards committee and the fire safety code board of appeal and review.  (c) Adoption. The building code element shall be effective upon adoption by the building code standards committee pursuant to  23-27.3-100.1.3 and the fire safety code element shall be effective upon adoption by the fire safety code board of appeal and review pursuant to  23-28.3-3. Public hearings required by chapter 35 of title 42 for the adoption, amendment, or revision of the rehabilitation building and fire code for existing buildings and structures and each of the elements thereof shall be conducted by the joint committee.  (d) Administration. Except as set forth in this chapter, the building code element shall be administered as a building code in accordance with the provisions of chapter 27.3 of this title, the fire safety code element shall be administered as a fire safety code by the division of fire safety in accordance with the provisions of chapter 28.2 of this title.  History of Section.P.L. 2000, ch. 185,  6; P.L. 2000, ch. 290,  6. 
 23-29.1-4. Variances and appeals. (a) Variances.(1) The joint committee on the rehabilitation building and fire code for existing buildings and structures shall serve as the board of standards and variances for the rehabilitation building and fire code. Any building owner may consult the authority having jurisdiction for advice and assistance in complying with the provisions of the rehabilitation building and fire code. In case of practical difficulties, the authority having jurisdiction shall refer any request for variance to the joint committee. The petitioner for the variance shall set forth to the joint committee in the petition the grounds or reasons for requesting the variance.  (2) The joint committee shall fix a day for hearing on the petition and shall give reasonable notice of the day to the petitioner and the property owners within two hundred (200) feet of the petitioners building or structure when, in the boards discretion, it may have an adverse effect on neighboring properties. A properly indexed record of all variations made shall be kept in the office of the joint committee and shall be open to public inspection. Any building owner may file a petition for a variance to the board by registered mail, and a hearing date shall be set by the joint committee within thirty (30) days of filing a completed application including a filing fee, established in accordance with the following fee schedule:  (3) Petitions related to construction, alteration, renovation, and/or conversion to other use of buildings and structures:  (i) not more than eight thousand (8,000) square feet ............... one hundred dollars ($100) filing fee;(ii) more than eight thousand (8,000) square feet but not more than twenty-five thousand (25,000) square feet ............... three hundred dollars ($300) filing fee;(iii) more than twenty-five thousand (25,000) square feet but not more than fifty thousand (50,000) square feet ............... five hundred dollars ($500) filing fee;(iv) more than fifty thousand (50,000) square feet ............... one thousand dollars ($1,000) filing fee.(4) The term square feet, as used in this chapter, shall be the total floor space and/or storage capacity of the subject building or structure, as determined and certified by the building code commission or his or her designee, subject to review by the board. The joint committee chairperson may delegate a subcommittee of the joint committee to conduct a hearing and take testimony from the petitioner. The subcommittee shall make recommendations to the joint committee as to their findings, and a decision shall be rendered within ten (10) days of the subcommittees report. If the petitioner is aggrieved by the subcommittees recommendations, the petitioner shall have the right of hearing before the entire joint committee within thirty (30) days of the rendered decision.(5) The application filing fee income shall be deposited as general review.(b) Appeals, Review of refusal of variation -- Review of final order.Any building owner aggrieved by any decision of the joint committee refusing to grant a variation pursuant to the provisions of subsection (a) may, within thirty (30) days after the decision, commence an action in district court against the executive secretary of the joint committee, only in his or her official capacity for a review of the decision. The findings of the joint committee shall be conclusive unless clearly erroneous. A party aggrieved by a final order of the court may seek review thereof in the supreme court by petition for writ of certiorari in accordance with the procedures contained in  42-45-16.  History of Section.P.L. 2000, ch. 185,  6; P.L. 2000, ch. 290,  6. 
 23-29.1-5. Technical and staff support. The building code commissioner shall provide staff support and assistance to the joint committee on the building code element of the rehabilitation building and fire code and the state fire marshal shall provide staff support and assistance to the joint committee on the fire safety code element of the rehabilitation building and fire code. Any coordination of staff support as the joint committee deems necessary or desirable shall be provided by the building code commissioner.  History of Section.P.L. 2000, ch. 185,  6; P.L. 2000, ch. 290,  6. 
 23-29.1-6. Relief from liability. Members and employees of the joint committee who are commissioners or employees of the fire safety code board of appeal and review or have responsibility for the administration or enforcement of the fire safety code shall be relieved from liability as provided for in  23-28.2-17 and 23-28.3-11, and members and employees of the joint committee who are members of the building code standards committee or who are charged with the administration or enforcement of the state building code shall be relieved from liability as provided for in  23-27.3-107.9.  History of Section.P.L. 2000, ch. 185,  6; P.L. 2000, ch. 290,  6. 
 23-29.1-7. Severability. The provisions of this chapter are severable, and if any of its provisions are held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.  History of Section.P.L. 2000, ch. 185,  6; P.L. 2000, ch. 290,  6. 
 23-29-1  23-29-30. Repealed. History of Section.P.L. 1908, ch. 1536,  1-11; G.L. 1909, ch. 131,  1-11; G.L. 1909, ch. 131,  2; P.L. 1911, ch. 702,  1; P.L. 1911, ch. 717,  1, 2; P.L. 1912, ch. 818,  1; P.L. 1916, ch. 1366,  1; P.L. 1919, ch. 1718,  1; P.L. 1919, ch. 1780,  1; G.L. 1909, ch. 131,  12, 13; P.L. 1920, ch. 1933,  1; P.L. 1921, ch. 2058,  1; G.L. 1923, ch. 173,  1-15; P.L. 1927, ch. 1042,  2; G.L., ch. 173,  16, 17; P.L. 1927, ch. 1042,  3; P.L. 1928, ch. 1146,  1; P.L. 1929, ch. 1372,  1; P.L. 1932, ch. 1929,  1; G.L. 1938, ch. 357,  1-17; P.L. 1939, ch. 732,  1; P.L. 1949, ch. 2169,  1; P.L. 1949, ch. 2264,  1; P.L. 1949, ch. 2320,  1; P.L. 1949, ch. 2321,  1; P.L. 1950, ch. 2481,  1; P.L. 1950, ch. 2511,  1, 2; P.L. 1950, ch. 2512,  1; P.L. 1951, ch. 2723,  3; P.L. 1955, ch. 3466,  1; P.L. 1955, ch. 3574,  1; G.L. 1956,  23-29-1  23-29-30; P.L. 1958, ch. 100,  1; Repealed by P.L. 1966, ch. 216,  3. 
 23-3-1. Definitions. As used in this chapter: (1) Adoptee means a person who was born in this state and who has had an original birth certificate sealed due to an adoption.  (2) Adoptee vital records file means a file operated by the division of vital records that maintains adoptees birth certificates, makes available the contact preference forms, and provides adoptees with non-certified copies of their birth certificates.  (3) Adult adoptee means an adoptee eighteen years of age or older.  (4) Birth parent is the person, the father or mother of genetic origin of a child, who is legally presumed under the laws of this state to be the father or mother of genetic origin of a child.  (5) Community of residence means the city or town within the state of a persons home address at the time of his or her marriage or death, or of his or her mothers home address at the time of his or her birth.  (6) Contact preference form means the form prepared and maintained by the division that birth parent(s) of adoptees may file to express his or her preference regarding contact with the adoptee. The contact preference form shall include language informing the birth parent(s) of their ability to provide genetic, social, and health history to the Passive Voluntary Adoption Mutual Consent Registry as defined in chapter 7.2 of title 15.  (7) Dead body means a lifeless human body or parts of a lifeless human body or its bones from the state of which it reasonably may be concluded that death recently occurred.  (8) Direct line descendant means a person who is in direct line to an ancestor, such as a biological child, grandchild, or great-grandchild.  (9) Division means the division of vital records as defined in this chapter.  (10) Fetal death means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after the expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary muscles.  (11) Filing means the presentation of a certificate, report, or other record provided for in this chapter, of a birth, death, fetal death, adoption, marriage, or divorce for registration by the division of vital records.  (12) Final disposition means the burial, interment, cremation, or other disposition of a dead body or fetus.  (13) Institution means any establishment, public or private, that provides in-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary care to two (2) or more unrelated individuals, or to which persons are committed by law.  (14) Legal representative means an individuals attorney, personal representative, or conservator and includes a guardian appointed by the court to make decisions regarding the person of an adult.  (15) Live birth means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after that expulsion or extraction, breathes or shows any other evidences of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.  (16) Physician means a person authorized or licensed to practice medicine pursuant to chapter 37 of title 5.  (17) Registration means the acceptance by the division of vital records and the incorporation in its official records of certificates, reports, or other records provided for in this chapter, or births, deaths, fetal deaths, adoptions, marriages, or divorces.  (18) Signing or Signature means the application of either a hand signature to a paper record or an electronic process approved by the state registrar of vital records.  (19) System of vital records means the registration, collection, preservation, amendment, and certification of vital statistics records, and activities related to them including the tabulation, analysis, and publication of statistical data derived from those records.  (20) Vital records means records of birth, death, fetal death, marriage, divorce, and data related to those records.  History of Section.P.L. 1961, ch. 87,  1; P.L. 1964, ch. 127,  1; P.L. 1982, ch. 385,  1; P.L. 2000, ch. 164,  1; P.L. 2008, ch. 475,  34; P.L. 2011, ch. 228,  2; P.L. 2011, ch. 239,  2; P.L. 2021, ch. 233,  2, effective July 8, 2021; P.L. 2021, ch. 234,  2, effective July 8, 2021; P.L. 2022, ch. 290,  1, effective June 29, 2022; P.L. 2022, ch. 333,  1, effective June 29, 2022. 
 23-3-10.1. Certificates of birth  Social security numbers. The state registrar of vital records shall maintain a record of the social security number of each parent whose name is recorded on any certificate of birth established or amended under this chapter on or after September 1, 1996, 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 states 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 law.  History of Section.P.L. 1996, ch. 129,  8; P.L. 1996, ch. 131,  8; P.L. 1996, ch. 132,  8; P.L. 1996, ch. 133,  8; P.L. 1996, ch. 265,  1. 
 23-3-10.2. Certificates of birth resulting in stillbirth  Filing. (a) The state registrar of vital records shall establish a certificate of birth resulting in stillbirth for fetal deaths, defined as the naturally occurring intrauterine death of a fetus that occurs after the twentieth (20th) week of pregnancy. The certificate shall be issued only at the request of either individual listed as mother or father on the report of fetal death. The certificate of birth resulting in stillbirth shall meet all of the format requirements for a certificate of live birth as provided for in this chapter. If the parents of the stillborn child decide not to name the stillborn child, the person preparing a certificate of birth resulting in stillbirth shall leave blank any references to the stillborn childs name.  (b) The certificate of birth resulting in stillbirth shall be filed with the state registrar of vital records within ten (10) days after the delivery. When a birth resulting in stillbirth occurring in the state has not been registered within one year after the date of delivery, a certificate marked delayed may be filed and registered in accordance with regulations of the department of health promulgated pursuant to the provisions of  23-3-3 relating to evidentiary and other requirements sufficient to substantiate the alleged facts of birth resulting in stillbirth.  History of Section.P.L. 2007, ch. 24,  1; P.L. 2007, ch. 26,  1. 
 23-3-10. Birth registration. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the state registrar of vital records, or as otherwise directed by the state registrar, within four (4) days after that birth.  (b) When a birth occurs in an institution, the person in charge of the institution, or his or her designated representative, shall obtain the personal data; prepare the certificate; secure the signatures required by the certificate; and file it with the state registrar of vital records, or as otherwise directed by the state registrar. The physician and/or midwife in attendance, or his or her authorized designee as defined in department regulations, shall certify to the facts of birth and provide the medical information required by the certificate within three (3) days after the birth.  (c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:  (1) The physician in attendance at, or immediately after, the birth, or in the absence of a physician;  (2) Any other person in attendance at, or immediately after, the birth, or in the absence of any person in attendance at or immediately after the birth;  (3) The father, the mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.  (4) When a birth occurs in a moving conveyance, the place of birth shall be that address in the city or town where the child is first removed from the conveyance.  (d)(1) If the mother was married either at the time of conception or birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.  (2) [Deleted by P.L. 2020, ch. 59,  3 and P.L. 2020, ch. 60,  3].  (e) The state registrar shall not decline to register and/or issue any birth certificate or certified copy of any birth certificate on the grounds that medical or health information collected for statistical purposes has not been supplied.  History of Section.G.L. 1896, ch. 100,  6; G.L. 1909, ch. 121,  6; G.L. 1909, ch. 121,  6; P.L. 1921, ch. 2096,  3; P.L. 1921, ch. 2096,  3; G.L. 1923, ch. 166,  5; G.L. 1938, ch. 268,  5; G.L. 1956,  23-3-3, 23-3-5; G.L. 1956,  23-3-10; P.L. 1961, ch. 87,  1; P.L. 1984, ch. 261,  1; P.L. 1985, ch. 459,  1; P.L. 1986, ch. 198,  11; P.L. 1987, ch. 327,  1; P.L. 1991, ch. 273,  1; P.L. 2000, ch. 164,  1; P.L. 2014, ch. 193,  1; P.L. 2020, ch. 59,  3; P.L. 2020, ch. 60,  3. 
 23-3-11. Infants of unknown parentage  Foundling registration. (a) Whoever assumes the custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the state registrar of vital records within four (4) days to the local registrar of the city or town in which the child was found, the following information:  (1) The date and place of finding;  (2) Sex, color or race, and approximate age of child;  (3) Name and address of the persons or institution with whom the child has been placed for care;  (4) Name given to the child by the custodian; and  (5) Other data required by the state registrar of vital records.  (b) The place where the child was found shall be entered as the place of birth and the date of birth shall be determined by approximation.  (c) A report registered under this section shall constitute the certificate of birth for the infant.  (d) If the child is identified and a certificate of birth is found or obtained, any report registered under this section shall be sealed and filed and may be opened only by order of a court of competent jurisdiction or as provided by regulation.  History of Section.G.L. 1938, ch. 268,  26; P.L. 1948, ch. 2042,  1; G.L. 1956,  23-3-7; G.L. 1956,  23-3-11; P.L. 1961, ch. 87,  1. 
 23-3-12. Delayed registration of births. (a) When the birth of a person born in this state or adopted by residents of this state has not been registered, a certificate may be filed in accordance with regulations of the state department of health. This certificate shall be registered subject to evidentiary requirements that the state department of health shall by regulation prescribe to substantiate the alleged facts of birth.  (b) Certificates of birth registered one year or more after the date of occurrence shall be marked delayed and show on their face the date of the delayed registration.  (c) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.  (d)(1) When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar of vital records finds reason to question the validity or adequacy of the certificate or the documentary evidence, the state registrar of vital records shall not register the delayed certificate and shall advise the applicant of the reasons for this action.  (2) The state director of health may by regulation provide for the dismissal of an application that is not actively prosecuted.  History of Section.P.L. 1961, ch. 87,  1; P.L. 1986, ch. 193,  1. 
 23-3-12A. Delayed registration of death and marriage. (a) When a death or marriage occurring in this state has not been registered, a certificate may be filed in accordance with regulations of the state director of health. This certificate shall be registered subject to evidentiary requirements that the state director of health shall by regulation prescribe to substantiate the alleged facts of death or marriage.  (b) Certificate of death and marriage registered one year or more after the date of occurrence shall be marked delayed and shall show on their face the date of delayed registration.  History of Section.P.L. 1961, ch. 87,  1. 
 23-3-13. Judicial procedure to establish facts of birth. (a) If any certificate of birth is rejected by the state registrar of vital records, including a delayed certificate of birth under the provisions of  23-3-12, the applicant may, in the absence of an order from the family court, acknowledging or establishing paternity, or change in parentage through adoption, petition the superior court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered. The superior court shall have sole jurisdiction over proceedings relating to certificates of birth rejected by the state registrar of vital records.  (b) The petition shall allege:  (1) That the person for whom a certificate of birth is sought was born in this state;  (2) That no record of birth of the person can be found in the office of the state or local custodian of birth records;  (3) That the state registrar of vital records has refused to register a delayed certificate of birth; and  (4) Other allegations as may be required.  (c) The petition shall be accompanied by all documentary evidence which was submitted to the registration official in support of the registration. The petition shall be sworn to by the petitioner.  (d) The superior court shall fix a time and place for hearing the petition and shall give the registrar of vital records ten (10) days notice of the hearing. The registrar of vital records, or his or her authorized representative, may appear and testify in the proceeding.  (e) If the superior court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage, and any other findings that the case may require and shall issue an order to establish a record of birth. The superior court may use a form prescribed and furnished by the state registrar of vital records. This order shall include the birth data to be registered; a description of the evidence presented in the manner prescribed by  23-3-12; and the date of the superior courts action.  (f) The clerk of the superior court shall forward each order to establish a record of birth to the state registrar of vital records not later than the tenth (10th) day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar of vital records and shall constitute the record of birth, from which copies may be issued in accordance with  23-3-24 and 23-3-25.  History of Section.P.L. 1961, ch. 87,  1; P.L. 1986, ch. 193,  1; P.L. 2014, ch. 193,  1. 
 23-3-14. Court reports of adoption. (a) For each adoption decreed by any court in this state, the court shall require the preparation of a record of adoption on a form prescribed and furnished by the state registrar of vital records. The record shall include those facts that are necessary to locate and identify the certificate of birth of the person adopted or, in the case of a person who was born in a foreign country, evidence from sources determined to be reliable by the court as to the date and place of birth of the person; provide information necessary to establish a new certificate of birth of the person adopted; and shall identify the order of adoption and be certified by the clerk of court.  (b) Information in the possession of the petitioner necessary to prepare the adoption report shall be furnished with the petition for adoption by each petitioner for adoption or his or her attorney. The welfare agency or other person concerned shall supply the court with any additional information in their possession that may be necessary to complete the record. The provision of that information shall be a prerequisite to the issuance of a final decree in the matter by the court.  (c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a certificate which shall include the facts that are necessary to identify the original adoption report and the facts amended in the adoption decree that shall be necessary to properly amend the birth record.  (d) Not later than the tenth (10th) day of each calendar month, the clerk of the court shall forward to the state registrar of vital records records of decrees of adoption, annulment of adoption, or amendments of those entered in the preceding month, together with any related reports that the state registrar of vital records shall require.  (e) When the state registrar of vital records shall receive a record of adoption, annulment of adoption, or amendment of those from a court for a person born outside this state, that record shall be forwarded to the appropriate registration authority in the state of birth. If the birth occurred in a foreign country, and the child was not a citizen of the United States at the time of birth, the state registrar shall prepare a certificate of foreign birth as provided by  23-3-15(e)(1).  History of Section.P.L. 1961, ch. 87,  1; P.L. 1986, ch. 193,  1. 
 23-3-15.1. New certificates of birth following foreign adoption  Exempt from judicial proceedings. (a) A child who has automatically acquired United States citizenship following a foreign adoption and possesses a certificate of citizenship in accordance with the Child Citizenship Act (CAA, P.L. 106-395) shall be exempt from the provisions of this chapter which require judicial procedures and reports to acquire a new birth certificate.  (b) The state registrar of vital records shall, upon written request, prepare a Certificate of Foreign Birth for a child who was born in a foreign country, adopted by a United States citizen and has automatically acquired citizenship in accordance with the Child Citizenship Act upon the production of the following documentations:  (1) Certificate of citizenship;  (2) Foreign birth certificate;  (3) Original documents certified by the United States Embassy abroad;  (4) Permanent United States identification card; and  (5) Social Security card.  History of Section.P.L. 2006, ch. 607,  1. 
 23-3-15. New certificates of birth following adoption  Legitimation and genetic parent determination. (a) The state registrar of vital records shall establish a new certificate of birth for a person born in this state when he or she receives the following:  (1) An adoption report as provided in  23-3-14 or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if the court decreeing the adoption, the adoptive parents, or the adopted person requests that a new certificate shall not be established.  (2) A request that a new certificate be established and evidence required by regulation proving that the person has been legitimated, or that a court of competent jurisdiction has determined the genetic parent of the person; provided, however, that where a court of competent jurisdiction has determined the genetic parent of the person, the name of the person who has been adjudicated as being the father shall be inserted on the birth certificate.  (b) When a new certificate of birth is established, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth.  (1) Thereafter, the original certificate and the evidence of adoption, parentage, or legitimation shall not be subject to inspection except as allowed by this chapter in the case of adoption by the adult adoptee, or upon order of a court of competent jurisdiction, or as provided by regulation.  (2) Upon receipt of a notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction.  (3) Upon receipt from a passive voluntary adoption mutual consent registry of a certificate provided for in  15-7.2-12(b), the adult adoptee named in the certificate shall be entitled to receive non-certified copies of his or her original birth certificate.  (c) If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the state registrar of vital records as provided in  23-3-12 or  23-3-13, before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in accordance with this chapter in the adoption proceedings, a delayed certificate shall not be required.  (d) When a new certificate of birth is established by the state registrar of vital records, all copies of the original certificate of birth in the custody of any custodian of permanent local records in this state shall be sealed from inspection or forwarded to the state registrar of vital records, as he or she shall direct.  (e)(1) The state registrar shall, upon request, prepare and register a certificate in this state for a person born in a foreign country who is not a citizen of the United States and who was adopted through a court of competent jurisdiction in this state. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption, proof of the date and place of the childs birth, and a request from the court, the adopting parents, or the adopted person if eighteen (18) years of age or over that a certificate be prepared. The certificate shall be labeled certificate of foreign birth and shall show the actual country of birth. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.  (2) If the child was born in a foreign country but was a citizen of the United States at the time of birth, the state registrar shall not prepare a certificate of foreign birth and shall notify the adoptive parents of the procedures for obtaining a revised birth certificate for their child through the U.S. Department of State.  (f) When a new certificate of birth is established following an adoption or legitimation in this state, and when no record of the original birth is on file at the city or town of occurrence, the state registrar of vital records shall cause a copy to be filed with the registrar of births in the city or town where the child was born and the city or town of residence of the parents indicated on the new certificate, if that residence is within the state.  (g)(1) The division shall establish, maintain, and operate the adoptee vital records file. Beginning July 1, 2012, upon written application by an adult adoptee who was born in the State of Rhode Island the division shall issue to the applicant a non-certified copy of the unaltered, original certificate of birth of the adoptee, or if the adopted person is deceased, the adopted persons direct line descendants, or the legal representative of such adopted person, in accordance with the provisions of  23-3-23, with procedures, filing fees, and waiting periods identical to those imposed upon non-adopted citizens of the state.  (2) The division shall prescribe and, upon request, shall make available to each birth parent of an adoptee named on the original birth certificate, a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child of the birth parent. The contact preference form shall be returned to the division. Upon such a request, the division shall also provide the birth parent with an updated medical history form, which may be completed and returned to the Passive Voluntary Adoption Mutual Consent Registry. The contact preference form shall provide the birth parent with the following options from which the birth parent shall select one:  (a) I would like to be contacted.  (b) I would prefer to be contacted only through an intermediary.  (c) I would prefer not to be contacted at this time.  (3) When the division receives a completed contact preference form from a birth parent, the division shall place the form on file and create an index of all contact preference forms filed. When the vital records office receives a request for an original birth certificate they will then open the adoptees sealed file and check the file for the names of the birth parent(s). These names will then be cross referenced with the birth parent(s) names listed on the contact preference form index. If there is a match, the vital records office will provide the adoptee a copy of the contact preference form. The division shall inform the adoptee of his or her right to contact the Passive Voluntary Adoption Mutual Consent Registry to see if an updated medical history form has been filed by his or her birth parent.  (4) Beginning September 1, 2011, the division shall make reasonable efforts to inform the public of the existence of the adoptee vital records file; the ability of adult adoptees born in the State of Rhode Island to access non-certified copies of their birth certificates subject to the provisions of this chapter; and the ability of the birth parent(s) of adoptees to file a contact preference form with the division of vital records.  (h) The division shall maintain the following statistics that shall be made available to the general public on a quarterly basis or more frequently if possible:  (1) Number of original birth certificates released since the effective date of this bill;  (2) Number of contact preference forms filed; and  (3) Number of birth parent(s) who indicated on the contact preference form that they would like to be contacted, would like to be contacted but only through an intermediary, or do not want to be contacted.  History of Section.G.L. 1938, ch. 268,  26; P.L. 1944, ch. 1484,  1; P.L. 1952, ch. 2927,  1; G.L. 1956,  23-3-34; G.L. 1956,  23-3-15; P.L. 1961, ch. 87,  1; P.L. 1980, ch. 232,  1; P.L. 1986, ch. 193,  1; P.L. 1986, ch. 234,  1; P.L. 1995, ch. 54,  2; P.L. 2011, ch. 228,  2; P.L. 2011, ch. 239,  2; P.L. 2021, ch. 233,  2, effective July 8, 2021; P.L. 2021, ch. 234,  2, effective July 8, 2021; P.L. 2022, ch. 290,  1, effective June 29, 2022; P.L. 2022, ch. 333,  1, effective June 29, 2022. 
 23-3-16. Death registration. (a) A death certificate for each death that occurs in this state shall be filed with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after death and prior to removal of the body from the state, and shall be registered if it has been completed and filed in accordance with this section, provided:  (1) That if the place of death is unknown, a death certificate shall be filed with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after the occurrence; and  (2) That if death occurs in a moving conveyance, a death certificate shall be filed with the state registrar of vital records or as otherwise directed by the state registrar.  (b) The funeral director, his or her duly authorized agent, or person acting as agent, who first assumes custody of a dead body, shall file the death certificate. He or she shall obtain the personal data from the next of kin or the best qualified person or source available. He or she shall obtain the medical certification of cause of death from the person responsible for certification. The death certificate shall indicate the following:  (1) The sex of the decedent shall be recorded to reflect the decedents gender identity, as reported by the next of kin or the best qualified person available, unless the person completing the death certificate is presented with a document that memorializes the decedents gender transition. In case of conflicting information on the sex of the decedent from the sources, the death certificate shall be based on documentation that memorializes the decedents gender transition. Documents that may memorialize a gender transition include: written instructions from the decedent; a court order approving a name or gender change; an advance healthcare directive; documentation of an appropriate course of treatment for the purpose of gender transition; documentation of a change to the gender marker on a birth certificate; or a state or federally issued identification card, or any additional document as authorized by the Rhode Island department of health. If more than one document is presented and the documents are in conflict regarding the decedents gender identity, the most recent document that memorializes the decedents gender transition shall prevail. If documentation is not available, it shall be based on information from individuals most familiar with the decedents gender identity at the time of death.  (c) A physician, after the death of a person whom he or she has attended during his or her last illness, or the physician declaring that person dead, or if the death occurred in a hospital, a registered hospital medical officer duly appointed by the hospital director or administrator, shall immediately furnish for registration a standard certificate of death to a funeral director or other authorized person or any member of the family of the deceased, stating to the best of his or her knowledge and belief the name of the deceased; the disease of which he or she died; where it was contracted; the duration of the illness from which he or she died; when last seen alive by the physician, or, if death occurs in a hospital, when last seen alive by a physician; and the date of death.  (d) When death occurred without medical attendance as set forth in subsection (c) or when inquiry is required by chapter 4 of this title, the medical examiner shall investigate the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case.  History of Section.G.L. 1896, ch. 100,  7, 9; P.L. 1897, ch. 452,  1; G.L. 1909, ch. 121,  7, 9; P.L. 1910, ch. 575,  2; G.L. 1923, ch. 166,  6; G.L. 1938, ch. 268,  6; impl. am. P.L. 1939, ch. 660,  180, 182; P.L. 1960, ch. 24,  1; G.L. 1956,  23-3-9 to 23-3-11; G.L. 1956,  23-3-16; P.L. 1961, ch. 87,  1; P.L. 1975, ch. 293,  1; P.L. 1977, ch. 110,  1; P.L. 2000, ch. 164,  1; P.L. 2018, ch. 85,  1; P.L. 2018, ch. 93,  1. 
 23-3-17. Fetal death registration. (a) A fetal death certificate for each fetal death which occurs in this state after a gestation period of twenty (20) completed weeks or more shall be filed with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after the delivery and prior to removal of the fetus from the state, and shall be registered if it has been completed and filed in accordance with this section; provided:  (1) That if the place of fetal death is unknown, a fetal death certificate shall be filed with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after the occurrence; and  (2) That if a fetal death occurs on a moving conveyance, a fetal death certificate shall be filed with the state registrar of vital records or as otherwise directed by the state registrar.  (b) All other fetal deaths, irrespective of the number of weeks uterogestation, shall be reported directly to the state department of health within seven (7) calendar days after delivery.  (c) The funeral director, his or her duly authorized agent, or another person acting as agent, who first assumes custody of a fetus, shall file the fetal death certificate. In the absence of a funeral director or agent, the physician or another person in attendance at or after delivery shall file the certificate of fetal death. He or she shall obtain the personal data from the next of kin or the best qualified person or source available. He or she shall obtain the medical certification of cause of death from the person responsible for the certification.  (d) The medical certification shall be completed and signed within forty-eight (48) hours after delivery by the physician in attendance at or after delivery except when inquiry is required by chapter 4 of this title.  (e) When a fetal death occurs without medical attendance upon the mother at or after the delivery or when inquiry is required by chapter 4 of this title, the medical examiner shall investigate the cause of fetal death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case.  (f) Each funeral director shall, on or before the tenth (10th) day of the following month, file a report with the state registrar of vital records listing funerals and/or decedents serviced following deaths or fetal deaths within the month. Failure to file these reports or any of the certificates required under  23-3-16 and this section within the prescribed time limits shall be grounds for disciplinary action, including revocation of license by the state board of examiners in embalming.  History of Section.P.L. 1961, ch. 87,  1; P.L. 1976, ch. 293,  1; P.L. 1977, ch. 110,  1; P.L. 2000, ch. 164,  1. 
 23-3-18. Permits. (a) The funeral director, his or her duly authorized agent, or another person acting as a duly authorized agent, who first assumes custody of a dead body or fetus shall prepare a burial-transit permit prior to final disposition or removal from the state of the body or fetus and within seven (7) calendar days after death.  (b) The burial-transit permit shall be signed by the funeral director and by the certifying physician as designated in  23-3-16(c).  (c) A burial-transit permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.  (d) A permit for disinterment and re-interment shall be required prior to disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. The permit shall be issued by the local registrar of vital records at the place of disinterment to a licensed funeral director, embalmer, his or her duly authorized agent, or another person acting as a duly authorized agent, upon proper application.  (e)(1) The body of a deceased person shall not be cremated within twenty-four (24) hours after his or her death unless he or she dies of a contagious or infectious disease. The body shall not be received or cremated by any corporation authorized to cremate the bodies of the dead until its officers have received the burial permit required by law before burial, and a cremation certificate issued by the Rhode Island office of state medical examiners. A cremation certificate shall be issued only if the office of state medical examiners determines that the cause and manner of death is such that no further examination or judicial inquiry concerning the cause and manner of death is necessary.  (2) The cremation certificate issued to the funeral director by the medical examiner, in duplicate, shall accompany the body to the crematory. The crematory shall retain the duplicate copy and mail the original copy to the state division of vital records.  History of Section.G.L. 1896, ch. 100,  9; P.L. 1897, ch. 452,  1; G.L. 1909, ch. 121,  9; P.L. 1910, ch. 575,  4; P.L. 1911, ch. 713,  1; P.L. 1914, ch. 1092,  1; P.L. 1921, ch. 2096,  4; G.L. 1923, ch. 166,  8; P.L. 1931, ch. 1698,  1; P.L. 1932, ch. 1947,  1; G.L. 1938, ch. 268,  7; impl. am. P.L. 1939, ch. 660,  180, 182; P.L. 1941, ch. 980,  1; P.L. 1955, ch. 3442,  1; impl. am. P.L. 1955, ch. 3453,  1; G.L. 1956,  23-3-18 to 23-3-22; G.L. 1956,  23-3-18; P.L. 1961, ch. 87,  1; P.L. 1962, ch. 13,  1; P.L. 1977, ch. 110,  1; P.L. 1977, ch. 242,  1; P.L. 1978, ch. 361,  1; P.L. 1993, ch. 272,  1. 
 23-3-19. Extension of time. (a) The director of health may, by regulation and upon conditions that he or she may prescribe to assure compliance with the purposes of this chapter, provide for the extension of the periods prescribed in  23-3-16, 23-3-17, and 23-3-18 for the filing of death certificates, fetal death certificates, medical certifications of cause of death, and for the obtaining of burial-transit permits in cases in which compliance with the applicable prescribed period would result in undue hardship.  (b) Regulations of the director of health may provide for the issuance of a burial-transit permit under  23-3-18 prior to the filing of a certificate of death or fetal death upon conditions designed to assure compliance with the purposes of this chapter in cases in which compliance with the requirement that the certificate be filed prior to the issuance of the permit would result in undue hardship.  History of Section.P.L. 1961, ch. 87,  1. 
 23-3-2. Division of vital records and statewide system. There is established in the state department of health a division of vital records that shall install, maintain, and operate the system of vital records throughout this state.  History of Section.P.L. 1961, ch. 87,  1. 
 23-3-20. Court reports of divorce. (a) For each divorce granted by any court in this state, a report shall be prepared and filed by the clerk of the court with the state registrar of vital records. The report shall be furnished, with the final decree, to the clerk of the court by the prevailing party or his or her legal representative on forms prescribed and furnished by the state registrar of vital records.  (b) On or before the tenth (10th) day of each third (3rd) month commencing on April 10, 1962, the clerk of the court shall forward to the state registrar of vital records the report of each divorce granted during the preceding three (3) calendar months and related reports that may be required by regulations issued under this chapter.  (c) The clerk of the court shall be paid by the general treasurer the sum of fifty cents ($0.50) for each certificate of divorce so registered and transmitted to the state registrar of vital records in accordance with rules and regulations issued under this chapter.  History of Section.G.L. 1896, ch. 100,  24; C.P.A. 1905,  1220; G.L. 1909, ch. 121,  24; G.L. 1923, ch. 166,  22; G.L. 1938, ch. 268,  21; impl. am. P.L. 1939, ch. 660,  180, 182; G.L. 1956,  23-3-39; G.L. 1956,  23-3-20; P.L. 1961, ch. 87,  1. 
 23-3-21. Correction and amendment of vital records. (a) A certificate or record registered under this chapter may be amended only in accordance with this chapter and regulations adopted under this chapter by the director of health to protect the integrity and accuracy of vital statistics records.  (b) A certificate that is amended under this section shall be marked amended except as provided in subsection (d) of this section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The director of health shall prescribe by regulation the conditions under which additions or minor corrections shall be made to birth certificates within one year after the date of birth without the certificate being considered as amended.  (c) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of that person or his or her parent, guardian, or legal representative, the state registrar of vital records shall amend the certificate of birth to reflect the new name.  (d) Upon request and receipt of a sworn acknowledgement of paternity of a child born out of wedlock signed by both parents, the state registrar of vital records shall amend a certificate of birth to show paternity if paternity is not shown on the birth certificate. The department of human services and the division of taxation within the department of administration are authorized to accept a sworn acknowledgment of paternity of a child born out of wedlock signed by both parents on forms prescribed in accordance with  23-3-9, to forward the acknowledgment to the state registrar of vital records, and the state registrar of vital records shall amend the certificate of birth to show paternity if paternity is not shown on the birth certificate. Upon request of the parents, after approval by a court of competent jurisdiction, the surname of the child shall be changed on the certificate to that of the father. The certificate shall not be marked amended.  (e) When a certificate is amended under this section, the state registrar of vital records shall report the amendment to the custodian of any permanent local records and that record shall be amended accordingly.  History of Section.G.L. 1896, ch. 100,  25; P.L. 1899, ch. 616,  1; G.L. 1909, ch. 121,  25; P.L. 1921, ch. 2096,  8; G.L. 1923, ch. 166,  23; G.L. 1938, ch. 268,  22; impl. am. P.L. 1939, ch. 660,  180, 182; P.L. 1944, ch. 1483,  1, 2; G.L. 1956,  23-3-32, 23-3-33; G.L. 1956,  23-3-21; P.L. 1961, ch. 87,  1; P.L. 1996, ch. 129,  9; P.L. 1996, ch. 131,  9; P.L. 1996, ch. 132,  9; P.L. 1996, ch. 133,  9. 
 23-3-22. Reproduction of records. To preserve original documents, the state registrar of vital records is authorized to prepare typewritten, photographic, or other reproductions of original records and files in his or her office. These reproductions, when certified by him or her, shall be accepted as the original record.  History of Section.P.L. 1961, ch. 87,  1. 
 23-3-23. Disclosure of records. (a) To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the vital records system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in, vital records, or to copy, or issue a copy, of all, or part of, any vital record, except as authorized by regulation or as provided for herein.  (b) The director of health may authorize, under appropriate safeguards, the disclosure of data contained in vital records for research purposes.  (c) Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed, except as provided by regulation, upon order of a court of competent jurisdiction, or until the record becomes a public record as defined by regulations.  (d) Appeals from decisions of the custodians of permanent local records refusing to disclose information, or to permit inspection of or copying of records, of persons born one hundred (100) years before the date of inspection, under the authority of this section and regulation issued under this section, shall be made to the state registrar of vital records. Notwithstanding the provisions of this section, those records shall be open for research to any member of a legally incorporated genealogy society and those societies shall be permitted to incorporate statistics derived from those records in their publications, upon receipt of permission of the director of health; and provided, further, that no person, except the person whose birth is recorded, his or her issue, parent or guardian, spouse, civil union and/or registered domestic partner, grandparent, or sibling; or attorneys at law, title examiners, or members of legally incorporated genealogical societies in the conduct of their official duties as defined in regulations shall have any access to, or be permitted to, examine the original or any copy of the birth certificate or birth record, of any person in the custody of any registrar of vital records or of the state department of health.  (e) Title examiners, attorneys, or members of legally incorporated genealogical societies, in the conduct of their official duties as defined in regulations, shall be allowed to examine death certificates that have been filed with the department of health and/or municipalities. No fees shall be charged to such persons for the searching or viewing of death certificates, but fees for copies pursuant to  23-1-54 or  23-3-25 shall apply.  History of Section.P.L. 1961, ch. 87,  1; P.L. 1972, ch. 278,  1; P.L. 1983, ch. 198,  2; P.L. 2014, ch. 193,  1; P.L. 2016, ch. 522,  1; P.L. 2016, ch. 526,  1. 
 23-3-24.1. Native Americans  Certified copies of birth records. 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.  History of Section.P.L. 1998, ch. 309,  1. 
 23-3-24. Copies of data from vital records. In accordance with  23-3-23 and the regulations adopted pursuant to that section: (1) The state registrar of vital records shall upon request issue a certified copy of any certificate or record in his or her custody or a part thereof. Each copy issued shall show the date of registration; and copies issued from records marked delayed, amended, or court order shall be similarly marked and show the effective date. Any copies issued of a certificate of foreign birth shall indicate this fact and show the actual place of birth.  (2) The custodian of permanent local records shall upon request issue a certified copy of any certificate or record in his or her custody only in a form that shall be prescribed by the state director of health.  (3) A certified copy of a certificate or any part thereof, issued in accordance with subdivision (1) or (2) of this section, shall be considered for all purposes the same as the original, and shall be prima facie evidence of the facts stated in the certificate, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, or a certificate of foreign birth, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.  (4) The National Office of Vital Statistics may be furnished copies or data that it may require for national statistics; provided, that the state shall be reimbursed for the cost of furnishing the data; and provided further, that the data shall not be used for other than statistical purposes by the National Office of Vital Records unless so authorized by the state registrar of vital records.  (5) Federal, state, local, and other public or private agencies may, upon request, be furnished copies or data for statistical purposes upon terms or conditions that may be prescribed by the state director of health.  (6) No person shall prepare or issue any certificate which purports to be an original certified copy, or copy of a certificate of birth, death, or fetal death, except as authorized in this chapter or regulations adopted under this chapter.  History of Section.G.L. 1896, ch. 100,  16; G.L. 1909, ch. 121,  16; G.L. 1923, ch. 166,  15; G.L. 1909, ch. 166,  24; P.L. 1923, ch. 436,  2; G.L. 1938, ch. 268,  14, 23; G.L. 1956,  23-3-31, 23-3-37; G.L. 1956,  23-3-24; P.L. 1961, ch. 87,  1; P.L. 1986, ch. 193,  1. 
 23-3-25.1. Veterans exemption for fees for copies and searches. Any veteran who served honorably in the military or naval service of the United States shall be processed without a charge or fee when making a request for vital statistics regarding a request for his or her own personal records.  History of Section.P.L. 1997, ch. 267,  1. 
 23-3-25. Fees for copies and searches. (a) The state registrar shall charge fees for searches and copies as follows:  (1) For a search of two (2) consecutive calendar years under one name and for issuance of a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or a certification that the record cannot be found, and each duplicate copy of a certificate or certification issued at the same time, the fee is as set forth in  23-1-54.  (2) For each additional calendar year search, if applied for at the same time or within three (3) months of the original request and if proof of payment for the basic search is submitted, the fee is as set forth in  23-1-54.  (3) For providing expedited service, the additional handling fee is as set forth in  23-1-54.  (4) For processing of adoptions, legitimations, or paternity determinations as specified in  23-3-14 and 23-3-15, there shall be a fee as set forth in  23-1-54.  (5) For making authorized corrections, alterations, and additions, the fee is as set forth in  23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and additions on records filed before one year of the date on which the event recorded has occurred.  (6) For examination of documentary proof and the filing of a delayed record, there is a fee as set forth in  23-1-54; and there is an additional fee as set forth in  23-1-54 for the issuance of a certified copy of a delayed record.  (b) Fees collected under this section by the state registrar shall be deposited in the general fund of this state, according to the procedures established by the state treasurer.  (c) The local registrar shall charge fees for searches and copies of records as follows:  (1) For a search of two (2) consecutive calendar years under one name and for issuance of a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a certification of birth or a certification that the record cannot be found, the fee is twenty dollars ($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is fifteen dollars ($15.00).  (2) For each additional calendar year search, if applied for at the same time or within three (3) months of the original request and if proof of payment for the basic search is submitted, the fee is two dollars ($2.00).  (d) Fees collected under this section by the local registrar shall be deposited in the city or town treasury according to the procedures established by the city or town treasurer except that six dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the general fund of this state.  (e) To acquire, maintain, and operate an electronic statewide registration system (ESRS), the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified records request, no more than three dollars ($3.00) for each duplicate certified record, and no more than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record requested for a local registrar. Notwithstanding the provisions of subsection (d), any such surcharges collected by the local registrar shall be submitted to the state registrar. Any funds collected from the surcharges listed above shall be deposited into the information technology investment fund (ITIF).  History of Section.G.L. 1909, ch. 121,  12; by P.L. 1910, ch. 575,  6; P.L. 1911, ch. 713,  1; G.L. 1909, ch. 166,  24; P.L. 1923, ch. 436,  2; G.L. 1923, ch. 166,  11; P.L. 1930, ch. 1603,  1; P.L. 1932, ch. 1938,  1; G.L. 1938, ch. 268,  10, 23; P.L. 1942, ch. 1121,  1; G.L. 1956,  23-3-35, 23-3-37; G.L. 1956,  23-3-25; P.L. 1961, ch. 87,  1; P.L. 1974, ch. 75,  1; P.L. 1981, ch. 127,  1; P.L. 1983, ch. 198,  2; P.L. 1984, ch. 261,  1; P.L. 1990, ch. 65, art. 58,  1; P.L. 1991, ch. 354,  5; P.L. 1993, ch. 138, art. 31,  1; P.L. 1995, ch. 370, art. 35,  1; P.L. 1996, ch. 404,  26; P.L. 2007, ch. 73, art. 39,  26; P.L. 2008, ch. 475,  34; P.L. 2012, ch. 241, art. 9,  36; P.L. 2018, ch. 47, art. 7,  4. 
 23-3-26. Persons required to keep records. (a) Every person in charge of an institution, as defined in this chapter, shall keep a record of personal particulars and data concerning each person admitted or confined to that institution. This record shall include the information required by the standard certificates of birth, death, and fetal death forms issued under the provisions of this chapter. The record shall be made at the time of admission from information provided by those persons, but when it cannot be so obtained, it shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.  (b) When a dead human body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the deceased, date of death, name and address of the person to whom the body is released, date of removal from the institution, or if finally disposed of by the institution, the date, place, and manner of disposition shall be recorded.  (c) A funeral director, embalmer, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and information pertaining to his receipt, removal, and delivery of the body that may be prescribed in regulations adopted by the director of health.  (d) Records maintained under this section shall be retained for a period of not less than five (5) years and shall be made available for inspection by the state registrar of vital records or his or her representative upon demand.  History of Section.P.L. 1961, ch. 87,  1. 
 23-3-27. Duties to furnish information relative to vital events. Any person having knowledge of the facts shall furnish information that he or she may possess regarding any birth, death, fetal death, marriage, or divorce, upon demand of the state registrar of vital records.  History of Section.P.L. 1961, ch. 87,  1. 
 23-3-28. Penalties. (a)(1) Any person who willfully and knowingly makes any false statement in a report, record, or certificate required to be filed under this chapter, or in an application for an amendment of those, or who willfully and knowingly supplies false information intending that this false information be used in the preparation of any report, record, or certificate, or amendment; or  (2) Any person who without lawful authority and with the intent to deceive, makes, alters, amends, or mutilates any report, record, or certificate required to be filed under this chapter or a certified copy of any report, record, or certificate; or  (3) Any person who willfully and knowingly uses or attempts to use, or furnish to another for use, for any purpose of deception, any certificate, record, report, or certified copy thereof so made, altered, amended, or mutilated; or  (4) Any person who with the intention to deceive willfully uses or attempts to use any certificate of birth or certified copy of a record of birth knowing that the certificate or certified copy was issued upon a record which is false in whole or in part or which relates to the birth of another person; or  (5) Any person who willfully and knowingly furnishes a certificate of birth or a certified copy of a record of birth with the intention that it be used by a person other than the person to whom the record of birth relates;  Shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both.  (b)(1) Any person who knowingly transports and accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter; or  (2) Any person who refuses to provide information required by this chapter; or  (3) Any person who willfully neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him by this chapter;  Shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or be imprisoned for not more than thirty (30) days, or by both fine and imprisonment.  History of Section.G.L. 1896, ch. 100,  13; G.L. 1909, ch. 121,  13; P.L. 1921, ch. 2096,  5; G.L. 1923, ch. 166,  12; G.L. 1938, ch. 268,  11; G.L. 1956,  23-3-14; G.L.,  23-3-28; P.L. 1961, ch. 87,  1. 
 23-3-29. Division of vital records and state registrar of vital records. Wherever in the general or public laws there appear the words division of vital statistics and the words state registrar of vital statistics in relation to the Rhode Island department of health, the word records shall be substituted for the word statistics.  History of Section.P.L. 1988, ch. 95,  1; P.L. 1988, ch. 276,  1. 
 23-3-3. Rules and regulations. The state director of health is authorized after notice and public hearing to adopt, amend, and repeal rules and regulations for the purpose of carrying out the provisions of this chapter. Those rules and regulations shall take effect thirty (30) days after publication.  History of Section.P.L. 1961, ch. 87,  1. 
 23-3-4. Appointment of state registrar of vital records. The director of health shall appoint the chief of the division of vital records in accordance with civil service laws and regulations, who shall be known as the state registrar of vital records and shall carry out the provisions of this chapter.  History of Section.P.L. 1961, ch. 87,  1. 
 23-3-5.1. Transfer of public historical documents. At the end of each calendar year, records of births and marriages which have occurred one hundred (100) years or more from the date of transfer and deaths which have occurred fifty (50) years or more from the date of transfer, shall be permanently transferred by the state registrar of vital records to the custody of the state archives under control of the secretary of state who may promulgate rules and regulations pertaining to these public historical documents.  History of Section.P.L. 1993, ch. 118,  1; P.L. 1993, ch. 282,  1. 
 23-3-5. Duties of state registrar of vital records. (a) The state registrar of vital records shall:  (1) Administer and enforce this chapter and the rules and regulations issued under this chapter, and issue instructions for the efficient administration of the statewide system of vital records.  (2) Direct and supervise the statewide system of vital records and the division of vital records and be custodian of its records.  (3) Direct, supervise, and control the activities of local registrars and the activities of town and city clerks related to the operation of the vital records system.  (4) Prescribe, with approval of the state director of health, and distribute any forms that are required by this chapter and the rules and regulations issued under this chapter.  (5) Prepare and publish annual reports of vital records of this state and any other reports that may be required by the state director of health.  (6) Electronically transmit to the office of the secretary of state, on a monthly basis, a list of any reported deaths of a person or persons eighteen (18) years of age or older, and maintain a list of those deceased persons.  (7) Provide a copy on alkaline paper or an electronic record of each certificate of birth, death, and marriage to the city or town clerk before the tenth (10th) day of the month after the certificate is received by the division of vital records as authorized by regulations.  (8)(i) Flag birth certificates of missing children and perform all other acts and duties required to be performed by him or her pursuant to chapter 28.8 of title 42.  (ii) Upon receipt of information pursuant to  42-28.8-3, provide the local registrars of the several cities and towns with that information.  (9) Direct, supervise, and control the transition from a paper-based system to an electronic system.  (b) The state registrar of vital records, with the approval of the director of health, may appoint a deputy state registrar and may delegate any functions and duties vested in him or her to employees of the division of vital records and to local registrars that he or she deems necessary or expedient.  History of Section.G.L. 1896, ch. 100,  2; G.L. 1909, ch. 121,  2; P.L. 1915, ch. 1239,  1; G.L. 1923, ch. 166,  2; P.L. 1923, ch. 436,  1; P.L. 1929, ch. 1432,  13; P.L. 1935, ch. 2250,  110; G.L. 1938, ch. 268,  2, 25; impl. am. P.L. 1939, ch. 660,  65, 180; P.L. 1942, ch. 1191,  1; G.L. 1956,  23-3-38, 23-3-41; G.L. 1956,  23-3-5; P.L. 1961, ch. 87,  1; P.L. 1978, ch. 191,  2; P.L. 1982, ch. 385,  1; P.L. 1986, ch. 252,  3; P.L. 1991, ch. 209,  1; P.L. 1993, ch. 132,  1; P.L. 1996, ch. 404,  26; P.L. 2000, ch. 164,  1; P.L. 2008, ch. 164,  2; P.L. 2008, ch. 177,  2. 
 23-3-6. Local registrars. The town clerks of the several towns or any person whom the city council of any city or the town council of any town may appoint for that purpose shall be known as the local registrar, and he or she shall perform the duties provided for in  23-3-7.  History of Section.G.L. 1896, ch. 100,  1; G.L. 1909, ch. 121,  1; P.L. 1921, ch. 2096,  1; G.L. 1923, ch. 166,  1; P.L. 1933, ch. 2050,  1; G.L. 1938, ch. 268,  1; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-3-1; G.L.,  23-3-6; P.L. 1961, ch. 87,  1. 
 23-3-7. Duties of local registrars. The local registrar, with respect to his or her respective city or town, shall: (1) Administer and enforce the provisions of this chapter and instructions, rules, and regulations issued under this chapter.  (2) Require that certificates be completed and filed in accordance with provisions of this chapter and the rules and regulations issued under this chapter.  (3) Transmit on or before the tenth (10th) day of each month the certificates, reports, or other returns filed with him or her for the preceding month to the state registrar of vital records or more frequently when directed to do so by the state registrar of vital records.  (4) Maintain records, make reports, and perform all other duties that may be required by the state registrar of vital records.  (5) Flag birth certificates of missing children and perform all other acts and duties required to be performed pursuant to chapter 28.8 of title 42.  History of Section.G.L. 1896, ch. 100,  1; G.L. 1909, ch. 121,  1; P.L. 1921, ch. 2096,  1; G.L. 1923, ch. 166,  1; P.L. 1933, ch. 2050,  1; G.L. 1938, ch. 268,  1; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-3-1; G.L. 1956,  23-3-7; P.L. 1961, ch. 87,  1; P.L. 1965, ch. 176,  1; P.L. 1986, ch. 252,  3; P.L. 2008, ch. 164,  2; P.L. 2008, ch. 177,  2. 
 23-3-8. Compensation of local registrars. (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.  History of Section.G.L. 1896, ch. 100,  12, 19; G.L. 1909, ch. 121,  12, 19; P.L. 1910, ch. 575,  6; G.L. 1923, ch. 166,  11, 16; P.L. 1930, ch. 1603,  1; P.L. 1932, ch. 1938,  1; G.L. 1938, ch. 268,  10, 17; P.L. 1942, ch. 1121,  1; G.L. 1956,  23-3-26, 23-3-27; G.L. 1956,  23-3-8; P.L. 1961, ch. 87,  1. 
 23-3-9. Form of certificates. (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 persons 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 states 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.  History of Section.G.L. 1896, ch. 100,  3; G.L. 1909, ch. 121,  3; P.L. 1910, ch. 575,  1; G.L. 1923, ch. 166,  3; P.L. 1930, ch. 1603,  1; G.L. 1938, ch. 268,  3; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-3-15; G.L. 1956,  23-3-9; P.L. 1961, ch. 87,  1; P.L. 1979, ch. 230,  1; P.L. 1997, ch. 170,  4. 
 23-30-1  23-30-17. Repealed. History of Section.G.L. 1896, ch. 108,  1-14; C.P.A. 1905,  1120; G.L. 1909, ch. 129,  1-14, 17; P.L. 1910, ch. 547,  1; P.L. 1910, ch. 624,  1; P.L. 1912, ch. 843,  1; P.L. 1920, ch. 1917,  1; G.L. 1923, ch. 171,  1-14, 17; G.L. 1938, ch. 356,  1-14, 17, 18; P.L. 1947, ch. 1868,  1; P.L. 1950, ch. 2520,  1; P.L. 1954, ch. 3268,  1; G.L. 1956,  23-30-1  23-30-17; Repealed by P.L. 1966, ch. 216,  3. 
 23-31-1  23-31-5. Repealed. History of Section.P.L. 1949, ch. 2281,  1-4; G.L. 1956,  23-31-1  23-31-5; Repealed by P.L. 1966, ch. 216,  3. 
 23-32-1  23-32-6. Repealed. History of Section.P.L. 1898, ch. 555,  1, 2; P.L. 1905, ch. 1255,  1, 2; G.L. 1909, ch. 130,  1, 2; G.L. 1909, ch. 132,  1, 2; P.L. 1921, ch. 2036,  1; G.L. 1909, ch. 130,  3; P.L. 1921, ch. 2036,  2; G.L. 1923, ch. 172,  1-3; G.L. 1923, ch. 175,  1, 2; G.L. 1923, ch. 172,  4; P.L. 1927, ch. 955,  1; P.L. 1929, ch. 1385,  1; P.L. 1931, ch. 1800,  8-11; G.L. 1938, ch. 355,  1-3; G.L. 1938, ch. 359,  1, 2; P.L. 1947, ch. 1867,  1; G.L. 1956,  23-32-1  23-32-6; Repealed by P.L. 1966, ch. 216,  3. 
 23-33-1. Definitions. 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.  History of Section.P.L. 1947, ch. 1882,  1; G.L. 1956,  23-33-1; P.L. 1985, ch. 510,  1; P.L. 1989, ch. 542,  63; P.L. 1992, ch. 101,  1; P.L. 1997, ch. 326,  43. 
 23-33-10. Inspectors authorized to conduct inspections. Only the chief inspector and/or any of the chiefs compliance inspectors shall inspect new elevators, and other devices subject to the provisions of this chapter in any building within this state, including sidewalk elevators and outside wall elevators. Existing elevators and escalators shall be inspected either by the chief or any of his or her compliance inspectors, or by any authorized inspector.  History of Section.P.L. 1947, ch. 1882,  5; G.L. 1956,  23-33-10; P.L. 1992, ch. 81,  1. 
 23-33-11. Periodic inspections  Right of access  Consultation with person in charge. (a) The chief, or any compliance inspector, or any authorized inspector shall make the required inspection of each elevator or other device subject to the provisions of this chapter at least once a year, except that each elevator or other device subject to a full maintenance contract with a qualified service company shall be inspected at least once every two (2) years, and more often if the chief or inspector shall deem it necessary. The owner of any elevator or device subject to inspection under the provisions of this chapter shall allow the compliance inspector free access to the elevator or device at all reasonable times. The compliance inspector shall comply with the convenience and business requirements of the owner as far as he or she reasonably can. The chief, or the compliance inspector, shall consult with the engineer or other person in charge of each elevator or device as to condition and operation thereof, and if he or she shall thereby discover or in any manner learn of any defect or imperfection in that elevator or device, or any dereliction or carelessness on the part of the engineer or other person in charge of the elevator or device relative thereto, or to the operation thereof, the chief or inspector shall, as soon as may be expedient, give notice thereof to the owner of the elevator or device.  (b) Prior to the termination of any elevator or device contract becoming effective, the service company shall be required to provide written notice by certified mail to be sent no less than ten (10) days prior to the date of contract termination to the department of labor and training.  History of Section.P.L. 1947, ch. 1882,  6; G.L. 1956,  23-33-11; P.L. 1992, ch. 98,  1; P.L. 1997, ch. 326,  43. 
 23-33-12. Inspection  Reinspection  Examination and Licensee fee  Renewal. (a)(1) For every original inspection made by the inspectors under the provisions of this chapter, the owner shall pay to the division the required fee which shall include the cost of the certificate. The fee shall be paid in the amount of amounts as set forth as follows:   Inspection of dumbwaiters ......................................... $ 72.00 Biennial inspection of elevator or escalator ......................................... 200.00 Inspection of elevator ......................................... 120.00 Inspection of escalator or moving walk ......................................... 120.00 Inspection of wheelchair lift ......................................... 72.00 Inspection of vertical reciprocating conveyors ......................................... 72.00 Annual renewal of authorized inspection permit ......................................... 60.00 Authorized inspectors examination fee ......................................... 60.00 This fee shall include the initial inspection. Reinspection of elevators and escalators ......................................... 90.00 Reinspection of all other devices ......................................... 54.00 Delinquent payment fee ......................................... 24.00 Duplicate certificate fee ......................................... 12.00 Company license ......................................... 240.00 Mechanics/Installers license ......................................... 78.00  (2) A fee in the amount of one percent (1%) of the contract price shall accompany each application for a permit to install or modernize any device subject to the provisions of this chapter.  (b) The inspection fee shall be paid immediately upon the conclusion of the inspection and before a certificate is issued, provided, however, that no inspection fees shall be paid by any city, town, or fire district, or state agency, or by any religious or charitable society, association, or church.  (c) A delinquent payment fee shall be due and payable on all invoices received more than thirty (30) days past the billing date.  (d) All certificates shall be renewable annually except for those certificates issued to locations with full maintenance contracts. Such locations shall be issued certificates valid for a period of two (2) years, unless the contract becomes null and void, in which case the certificate shall become annually renewable. All certificates shall be valid until revoked.  History of Section.P.L. 1947, ch. 1882,  5; G.L. 1956,  23-33-12; P.L. 1960, ch. 74,  11; P.L. 1977, ch. 256,  1; P.L. 1985, ch. 510,  1; P.L. 1992, ch. 133, art. 32,  1; P.L. 1993, ch. 138, art. 84,  1; P.L. 2002, ch. 65, art. 13,  5. 
 23-33-13. Reports of authorized inspectors  Issuance of certificate  Fee. When any authorized inspector shall inspect an elevator, or any other device subject to the provisions of this chapter, the inspector shall immediately make a report of the inspection to the administrator, and if the elevator or device is adjudged to conform in all respects with the code of rules, the administrator, upon payment of a fee of thirty-five dollars ($35.00), shall issue to the owner of the elevator or device a certificate stating the date of the issue of the certificate, which shall be renewable annually, but shall be valid until revoked.  History of Section.P.L. 1947, ch. 1882,  5; G.L. 1956,  23-33-13; P.L. 1964, ch. 126,  1; P.L. 1978, ch. 115,  1; P.L. 1992, ch. 72,  1. 
 23-33-14. Reports of refusal or cancellation of insurance. Every authorized inspector holding a permit from the chief shall immediately report to the chief the name of the owner or user and the location of every elevator or escalator on which insurance has been refused, cancelled, or discontinued because of existing dangerous defects, and shall within a reasonable time report all other refusals, cancellations, and discontinuances.  History of Section.P.L. 1947, ch. 1882,  5; G.L. 1956,  23-33-14. 
 23-33-15.1. Enforcement procedure. (a) After the issuance of a compliance order pursuant to  23-33-15, the director shall, within a reasonable time after the termination of the inspection or investigation, notify the owner by certified mail of the penalty, if any, proposed to be assessed under  23-33-20 and that the owner has fifteen (15) working days within which to notify the director that he or she wishes to contest the compliance order or proposed assessment of penalty. If within fifteen (15) working days from the receipt of the notice issued by the director, the owner fails to notify the director that he or she intends to contest the compliance order or proposed assessment of penalty, and no notice is filed by any owner or representative of the owner under subsection (c) within such time, the compliance order and the assessment, as proposed, shall be deemed a final order of the review board and not subject to review as to any question of fact by any court or agency.  (b) If the director has reason to believe that an owner has failed to correct a violation for which a compliance order has been issued within the period permitted for its correction, which period shall not begin until the entry of a final order by the review board in the case of any review proceedings under this section initiated by the owner in good faith and not solely for the delay or avoidance of penalties, the director shall notify the owner by certified mail of the failure, and that the owner has fifteen (15) working days within which to notify the director that he or she intends to contest the notification or proposed assessment of penalty. The proposed assessment shall be deemed a final order of the review board and not subject to any review as to any question of fact by any court or agency.  (c) If an owner notifies the director that he or she intends to contest a compliance order issued under subsection (a) or (b) of this section, or if, within fifteen (15) working days of the issuance of a compliance order under  23-33-15 any owner or representative of the owner files a notice with the director alleging that the period of time fixed in the compliance order for abatement of the violation is unreasonable, the director shall immediately notify in writing the chairperson of the review board of such notification, and the review board shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the directors compliance order or proposed penalty, or directing other appropriate relief, and such order shall become final thirty (30) days after its issuance. If the owner shows good faith effort to comply with the abatement requirements of a compliance order, and factors beyond his or her reasonable control prevent compliance, the review board, after an opportunity for a hearing, shall issue an order affirming or modifying the abatement requirement in the compliance order. The rules of procedure prescribed by the review board shall provide the affected owner or representative of the owner an opportunity to participate as parties to hearings under this subsection.  History of Section.P.L. 1992, ch. 53,  2. 
 23-33-15. Order to cease operation or make repairs. If as a result of inspection, the chief shall determine that any elevator or device is in such a condition as to be unsafe, and that the danger is imminent, the chief shall order the operation of that elevator or device to be stopped immediately, and the certificate revoked, and shall physically render the unit inoperable, and thereupon operation shall be stopped until the elevator or device or the defective part or parts thereof shall be repaired or renewed and put in safe condition, and a new certificate thereof under the provisions of this chapter issued by the chief or compliance inspector. Where there is no immediate danger, the chief or compliance inspector shall notify the owner or the owner agent to remedy the defect or defects within such reasonable time as he or she may prescribe, and if the defect or defects are not remedied within the prescribed time, the use of the elevator or device shall be discontinued at the expiration thereof, and the certificate revoked until the elevator or device is put in a safe condition and a new certificate is issued by the chief or compliance inspector.  History of Section.P.L. 1947, ch. 1882,  6; G.L. 1956,  23-33-15; P.L. 1985, ch. 510,  1; P.L. 1992, ch. 53,  1. 
 23-33-16. Issuance and posting of certificate. Whenever a compliance inspector or an authorized inspector shall have inspected any existing elevator or device and shall have found it safe for operation; or whenever any repairs required by the inspector to be made on any existing elevator or device shall have been completed to his or her satisfaction; or whenever in the case of any elevator or device hereafter installed, the chief shall have satisfied himself or herself, by inspection, or otherwise, that it may be safely operated; or whenever in the case of any elevator or device hereafter erected the chief shall have satisfied himself or herself that the elevator or device complies with the standards and rules set forth in the code of rules, the chief shall, upon payment of the required fee stated in  23-33-12, issue to the owner of the elevator or device the certificate authorizing the operation of the elevator or device, stating the date of the issue of such certificate, which shall be renewable annually, but shall be valid until revoked. Each certificate shall be conspicuously posted by the owner of the elevator or device in the cars of elevators or in conspicuous places contiguous to other devices.  History of Section.P.L. 1947, ch. 1882,  7; G.L. 1956,  23-33-16; P.L. 1992, ch. 81,  1. 
 23-33-17. Notice of new installation  Temporary permit for testing. No elevator or other device subject to the provisions of this chapter shall be erected in any building within the limits of this state unless it shall be constructed, installed, and equipped in compliance with the rules set forth in the code; and any person erecting or installing any elevator or other device shall immediately notify the division and the chief shall thereupon satisfy himself or herself, either by inspection or by guaranty from the manufacturer of the device, that the elevator or device complies with the requirements of this chapter. Upon being so satisfied, the chief shall furnish to the owner of the elevator or device a permit authorizing the installation of the elevator or device, and the right to operate the elevator or device temporarily for test purposes. The permit shall be conspicuously posted adjacent to the elevator or device being installed. The permit shall not authorize the regular operation of the elevator or device for the usual function of carrying freight or passengers.  History of Section.P.L. 1947, ch. 1882,  8; G.L. 1956,  23-33-17; P.L. 1992, ch. 81,  1. 
 23-33-18. Assistance to owners  Appeal of decisions to commission. Any owner of an elevator or device may consult with the director of labor and training or the chief inspector for advice and assistance in complying with the provisions of the code of rules and of this chapter. In case the owner shall be dissatisfied with any decision of the director or chief regarding the operation, inspection, and maintenance under the code of rules, the owner may, within thirty (30) days of the decision, appeal to the occupational safety and health review board for a variation or modification of the decision under the provisions of  28-20-19 and 28-20-29.  History of Section.P.L. 1947, ch. 1882,  9; G.L. 1956,  23-33-18; P.L. 1992, ch. 81,  1. 
 23-33-19. Appeals to superior court. Any owner of any elevator or device aggrieved by any decision of the occupational safety and health review board refusing to grant a variation or modification of the code of rules governing the construction, inspection, maintenance, and operation, may, within thirty (30) days after the decision, commence action in the superior court against the director of labor and training for a review of the decision under the provisions of  28-20-20.  History of Section.P.L. 1947, ch. 1882,  10; G.L. 1956,  23-33-19; P.L. 1992, ch. 81,  1. 
 23-33-2.1. Chief inspector. The director shall appoint a chief inspector who shall be a citizen of this state to coordinate, implement, administer, and enforce the provisions of the chapter. This existing position shall be responsible to and report to the administrator of the division of occupational safety. The appointee will be in the classified service of the state at a pay grade of not less than 330 and must hold and maintain a national certification as a qualified elevator inspector (QEI-1) as determined by the American society of mechanical engineers.  History of Section.P.L. 1992, ch. 53,  2. 
 23-33-2.2. Qualified service company. (a) Any firm or corporation engaged in the business of constructing, installing, maintaining, or repairing elevators, escalators, or other devices within the limits of this state, subject to the provisions of this chapter, shall be licensed by the division of occupational safety. The fee and the requirements for this license shall be established by regulation through the code commission.  (b) Failure to comply with any of the requirements shall cause the license to be revoked or refused and the right to conduct such business within the limits of this state shall be prohibited.  History of Section.P.L. 1992, ch. 53,  2. 
 23-33-2.3. Qualified mechanic. No person shall, within the limits of this state, construct or install any elevator, escalator or other device subject to the provisions of this chapter or repair or maintain any parts of the drive machinery, controllers or safety circuits thereof without being licensed by the division of occupational safety. The fee and the requirements for this license shall be established by regulation through the code commission.  History of Section.P.L. 1992, ch. 53,  2. 
 23-33-2. Formulation and adoption of codes. The code commission for occupational safety and health created by chapter 20 of title 28 shall, under and pursuant to the provisions of that chapter, formulate and/or adopt a code of rules for the construction, inspection, maintenance, and operation of new elevators, escalators and other devices subject to the provisions of this chapter. The commission shall, likewise, also formulate and/or adopt its own standard code of rules, under and pursuant to the provisions of chapter 20 of title 28, for the construction, inspection, maintenance, and operation of all existing elevators and other devices within this state. These codes shall, in general, conform to nationally accepted safety codes of such engineering bodies as the American standards association, the American society of mechanical engineers, and American society of safety engineers, and other accepted codes. The codes adopted under this section, with any and all other later revisions or editions upon their effective date shall have the force and effect of law.  History of Section.P.L. 1947, ch. 1882,  2; G.L. 1956,  23-33-2; P.L. 1989, ch. 542,  63; P.L. 1992, ch. 53,  1. 
 23-33-20. Penalty for violations  Prosecution. (a) Any owner who willfully or repeatedly violates the requirements of  23-33-9.1, any code, rule, or order promulgated pursuant to  28-20-24, or regulations prescribed pursuant to this chapter, may be assessed an initial civil penalty of not more than one thousand dollars ($1,000) for each violation.  (b) Any owner who has received a compliance order for a serious violation of the requirements of  23-33-9.1 of any code, rule, or order promulgated pursuant to  28-20-24, or of any other regulations prescribed pursuant to this chapter, shall be assessed an initial civil penalty of up to one thousand dollars ($1,000) for each violation.  (c) Any owner who has received a compliance order for a violation of the requirements of  23-33-9.1 of any code, rule, or order promulgated pursuant to  28-20-24, or of other regulations prescribed pursuant to this chapter, and the violation is specifically determined not to be of serious nature, may be assessed a civil penalty of up to five hundred dollars ($500) for each violation. Each day during which any portion of a violation continues shall constitute a separate offense.  (d) Any owner who fails to correct a violation for which a compliance order has been issued under  23-33-9.1 within the period permitted for its correction, which period shall not begin to run until the date of the final order of the review board in the case of any review proceeding under  23-33-15.1, initiated by the owner in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation. Each day during which any portion of a violation continues shall constitute a separate offense.  (e) Any owner who willfully violates any code, rule or order promulgated pursuant to  28-20-24, or of any regulations prescribed pursuant to this chapter and that violation causes death to any person, shall upon conviction, be punished by a fine of not less than one thousand dollars ($1,000) or by imprisonment for not more than one year, or by both.  (f) Any person who gives advance notice of any inspection to be conducted under this chapter, without authority from the director, shall upon conviction be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year, or by both.  (g) Whoever knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than one year, or by both.  (h)(1) Any person who shall refuse to have inspected any elevator or other device subject to this chapter, or who shall obstruct or otherwise interfere with the director of labor and training or his or her representative while engaged in the performance of their duties, shall be imprisoned for a period not exceeding one year, or be fined a sum not exceeding five hundred dollars ($500).  (2) The preceding provision in no way shall limit the authority of the state to impose such other penalties as may be deemed appropriate for other offenses by any person against any employee or other representative of the division of occupational safety while engaged in the performance of his or her duties.  (i) Any person that shall use or allow to be used any elevator or other device subject to the provisions of this chapter before a certificate of inspection has been issued, or after the certificate has been revoked or after use of the elevator or other device has been prohibited shall be assessed a civil penalty of not more than one thousand dollars ($1,000). Any owner that shall use or allow to be used any elevator or other device and fails to conspicuously post, within the required frame, a valid certificate of operation when issued shall be assessed a penalty of one hundred dollars ($100).  (j)(1) Any person, firm, or corporation who installs or constructs, or attempts to install or construct, any elevator or other device subject to the provisions of this chapter without having first obtained a permit to install or construct and without paying the required fee; or (2) any person, firm, or corporation that shall repair or maintain or attempt to repair or maintain any elevator or other device subject to the provisions of this chapter without being licensed pursuant to  23-33-2.3, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and all such work shall be stopped until the required permit or license has been obtained.  (k) The director shall have the authority to propose all civil penalties provided in this section, consideration to the appropriateness of the penalty with respect to the size of the business of the owner being charged, and the history of previous violations. The review board shall have the authority to review or modify proposed assessments of penalty.  (l) For purposes of this section, a serious violation shall be deemed to exist if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices or processes which have been adopted or are in use, unless the owner could not with the exercise of reasonable diligence know of the presence of the violation.  (m) Civil penalties due under this chapter shall be paid to the director for deposit into the restricted receipt account established for the implementation and enforcement of this chapter.  (n) The director or the chief of the division of occupational safety may make complaint to the justice or clerk of any district court within whose jurisdiction any violation of the provisions of this chapter shall occur, and shall not be required to give surety for costs.  History of Section.P.L. 1992, ch. 82,  2. 
 23-33-21. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the sections, and the application of the provision to other persons or circumstances, shall not be affected thereby.  History of Section.P.L. 1947, ch. 1882,  13; G.L. 1956,  23-33-21; P.L. 1992, ch. 81,  1. 
 23-33-22.1. Warning signs near elevators in nursing homes. A conspicuous warning sign stating In Case of Fire Do Not Use Elevator shall be placed next to the places of ingress or egress to every elevator used for conveying persons or goods in any building used primarily as a nursing home or as a home for the elderly and/or people with disabilities.  History of Section.P.L. 1981, ch. 38,  1; P.L. 1999, ch. 83,  57; P.L. 1999, ch. 130,  57. 
 23-33-22. Repealed. History of Section.G.L. 1896, ch. 108,  15; P.L. 1902, ch. 973,  1; G.L. 1909, ch. 129,  15; G.L. 1923, ch. 171,  15; G.L. 1938, ch. 356,  15; G.L. 1956,  23-33-22; Repealed by P.L. 1992, ch. 52,  1, effective June 11, 1992. 
 23-33-23. Safety devices on elevators. All hoistway or elevator openings through floors shall be fully enclosed by two (2) hour fire rated construction with one and one half (112) hour fire rated doors. Any passenger elevator which is not constructed so as to allow egress of persons from the elevator in any position in which it might be stopped, by accident or otherwise, shall be constructed or arranged so that the roof or the top of the elevator, or a sufficient portion thereof to allow egress of persons from it, may be conveniently opened from the top of the car; all elevators shall be equipped with an alarm warning device, or other means which shall emit a signal when the elevator is stuck between floors; and no elevator shall be thereafter used or operated which shall not be so constructed or arranged. Every elevator, except plunger elevators, shall be provided with some approved safety arrangement to prevent falling, and every elevator shall be fitted with some suitable device to prevent the elevator car from being started until the door or doors opening into the elevator shaft are closed; and no person under the age of eighteen (18) years shall take charge of or operate any elevator.  History of Section.G.L. 1896, ch. 108,  16; P.L. 1901, ch. 921,  1; P.L. 1902, ch. 973,  2; C.P.A. 1905,  1121; G.L. 1909, ch. 129,  16; P.L. 1910, ch. 549,  1; G.L. 1923, ch. 171,  16; G.L. 1938, ch. 356,  16; G.L. 1956,  23-33-23; P.L. 1975, ch. 220,  1; P.L. 1992, ch. 51,  1. 
 23-33-24. Inspections  Notice of violations. It shall be the duty of the compliance inspectors appointed or empowered by law to inspect all elevators and other devices subject to the provisions of this chapter in every building within their jurisdiction in any city or town, and it shall be the duty of the compliance inspectors to notify the lessee and owner, or some one of the owners, of every building in which an elevator or other device shall be used or operated contrary to the provisions of this chapter, of the violation and require the lessee or owner or some one of the owners of the building, within thirty (30) days after the receipt of the notice, to comply with the provisions of those sections, and it shall be the duty of the lessee and owner, or owners, to comply with that requirement.  History of Section.G.L. 1896, ch. 108,  16; P.L. 1902, ch. 973,  2; C.P.A. 1905,  1121; G.L. 1909, ch. 129,  16; P.L. 1910, ch. 549,  1; G.L. 1923, ch. 171,  16; G.L. 1938, ch. 356,  16; G.L. 1956,  23-33-24; P.L. 1992, ch. 48,  1. 
 23-33-25. Access of owners to leased premises. The owner or owners of any building or premises under lease, and their servants and agents, may enter upon the leased building or premises for the public welfare, with the purpose of making the building comply with the provisions of this chapter, and may remain thereon during such time as may reasonably be required for the performance of such work as may be necessary to effect that purpose, interfering with the lessee no more than may be necessary.  History of Section.G.L. 1896, ch. 108,  16; P.L. 1902, ch. 973,  2; C.P.A. 1905,  1121; G.L. 1909, ch. 129,  16; P.L. 1910, ch. 549,  1; G.L. 1923, ch. 171,  16; G.L. 1938, ch. 356,  16; G.L. 1956,  23-33-25; P.L. 1992, ch. 81,  1. 
 23-33-26. Civil liability for injuries resulting from noncompliance. In all cases in which any person shall suffer injury or in which the death of any person shall ensue in consequence of the failure of the lessee or owner or owners of any building to comply with the provisions of this chapter, or in consequence of the failure of the lessee or owner or owners to comply with the written notice and requirement of any compliance inspector, when made in conformity to the provisions of this chapter the lessee and owner or owners shall be jointly and severally liable to any person so injured in an action for damages for the injury; and in case of death the lessee and owner or owners shall be jointly and severally liable in damages for the injury caused by the death of the person, to be recovered by action in the same manner and for the benefit of the same persons as is provided in  10-7-2; which action, when the lessee and the owner are nonresidents, may be commenced by attachment. It shall be no defense to the action that the person injured, or whose death ensues, had knowledge that any elevator or other device subject to the provisions of this chapter was being operated in the building contrary to the provisions of this chapter, or that the person continued to ride in or on the elevator or device with that knowledge.  History of Section.G.L. 1896, ch. 108,  16; P.L. 1902, ch. 973,  2; C.P.A. 1905,  1121; G.L. 1909, ch. 129,  16; P.L. 1910, ch. 549,  1; G.L. 1923, ch. 171,  16; G.L. 1938, ch. 356,  16; G.L. 1956,  23-33-26; P.L. 1992, ch. 81,  1. 
 23-33-27. Fine for noncompliance. The lessee or owner or owners of any building, or, in case the lessee or owner, or any of them, be non compos mentis or a minor, the guardian of any such lessee or owner, or in case the lessee or owner, or any of them, be a nonresident, the agent of any such lessee or owner, having charge of the property, who shall neglect or fail to comply with the provisions of this chapter shall be fined in accordance with the provisions of  22-33-20 for each day that an elevator or other device shall be used or operated in the building contrary to the provisions of this chapter. In case there shall be several such lessees or owners or agents in charge of any building in which an elevator or other device shall be used or operated contrary to the provisions of this chapter proceedings may be had against any or all of them jointly, or against any one of them, for the recovery of the fine.  History of Section.G.L. 1896, ch. 108,  16; P.L. 1901, ch. 921,  1; P.L. 1902, ch. 973,  2; C.P.A. 1905,  1121; G.L. 1909, ch. 129,  16; P.L. 1910, ch. 549,  1; G.L. 1923, ch. 171,  16; G.L. 1938, ch. 356,  16; G.L. 1956,  23-33-27; P.L. 1994, ch. 181,  1. 
 23-33-28. Municipal regulation. No city or town shall have power to make any ordinance, bylaw or resolution concerning elevators, escalators, or other devices subject to the provisions of this chapter regarding the inspection, licensing, construction, installation, maintenance, or repair of any elevator, escalator or other device subject to the provisions of this chapter within the limits of the city or town, and any ordinance, bylaw or resolution heretofore made or passed or concerning any of the matters subject to this chapter, shall be void and of no effect. Any application made to municipalities shall be immediately forwarded for consideration and inspection to the division of occupational safety.  History of Section.G.L. 1896, ch. 40,  26; G.L. 1909, ch. 50,  27; G.L. 1923, ch. 51,  27; G.L. 1938, ch. 333,  28; impl. am. P.L. 1947, ch. 1882,  5; G.L. 1956,  23-33-28; P.L. 1992, ch. 47,  1; P.L. 1997, ch. 326,  43. 
 23-33-29. Relief from personal responsibility. The director of the department of labor and training, the administrator of the division of occupational safety, the chief elevator inspector and his or her compliance inspectors charged with the enforcement of this code, while acting for the state, shall not thereby render himself or herself liable personally, and he or she is hereby relieved from all personal liability for any damages that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her official duties. Any suit instituted against any officer or employee because of an act performed by him or her in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the state in the case of the director or his or her agents or representatives, until the final determination of the proceedings. In no case shall the director or any of his or her subordinates be liable for costs or damages in any action, suit or proceeding that may be instituted pursuant to the provisions of this code. The director or his or her agents, acting in good faith and without malice and within the scope of their employment shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his or her official duties in connection therewith.  History of Section.P.L. 1992, ch. 49,  1. 
 23-33-3. Codes and rules available for public inspection. The chief inspector of the division of occupational safety shall have in his or her office, and open during business hours for public inspection, a copy of the codes and rules formulated and/or adopted by the commission, governing new installations of elevators or other devices, and a copy of the code of rules formulated and/or adopted by the commission governing the construction, inspection, maintenance, and operation of existing elevators or other devices.  History of Section.P.L. 1947, ch. 1882,  2; G.L. 1956,  23-33-3; P.L. 1992, ch. 81,  1. 
 23-33-30. Elevators placed out of service. All elevators and other devices subject to the provisions of  23-33-1 to 23-33-29, inclusive, having been out of active service for a period exceeding one year, or said devices to be placed out of service for a period exceeding six (6) months, after July 1, 1997, shall comply with the following: (A) (1) The owner or agent for the owner shall notify the chief inspector in writing, giving the date when the elevator or other device will be placed out of service. (2) If the out of service period is to exceed six (6) months, the car and counterweights where provided shall be lowered to the pit floor, all suspension means removed, all main line fuses removed, and the service switch opened and tagged and sealed. (3) All hoistway entrances shall be bolted securely in the closed position from the hoistway side. (4) Where hoistway gates are in place, the landing openings shall be totally enclosed and strongly reinforced. (5) The lowest landing hoistway door shall be locked from the outside of the hoistway to facilitate repairs for reactivation. (6) Where the elevator or other device is hydraulically operated, the decommissioning shall, in addition to the securing of the hoistway and electrical power as described previously, lower the car into the pit, and have all hydraulic fluid and piping from the cylinder to the pump unit removed from the premises. (7) In addition to the removal of the main line fuses, the supply wiring from the load side of the main line disconnect switch to the controller shall be removed on all devices decommissioned. (8) Any device having been decommissioned as described previously, shall be reactivated when in compliance with the current rules and regulations as promulgated by the code commission. (B) Any device required to be decommissioned shall have this procedure completed by a licensed company as specified in  23-33-2.2. The said company shall notify the chief inspector when any device is decommissioned. (C) Any elevator or other device subject to the provisions of this chapter, having been placed out of service for code violations or non-use by an inspector or the chief inspector shall be subject to the provisions of this section.  Provided, that nothing in this section shall be interpreted to eliminate any requirement for hoisting engineers that would be required pursuant to the provisions of  28-26-5 and/or to authorize the promulgation of any rules and/or regulations inconsistent with the provisions of  28-26-5.  History of Section.P.L. 1997, ch. 271,  1; P.L. 1999, ch. 68,  2. 
 23-33-4. Enforcement by inspectors  Disposition of fees. The provisions of this chapter shall be enforced by the compliance inspectors of the division of occupational safety within the department of labor and training. The proceeds of any fees or fines collected pursuant to this section shall be deposited as general revenues.  History of Section.P.L. 1947, ch. 1882,  3; G.L. 1956,  23-33-4; P.L. 1992, ch. 81,  1; P.L. 1992, ch. 133, art. 32,  1; P.L. 1995, ch. 370, art. 40,  80. 
 23-33-5. Permit to act as authorized inspector. The chief inspector may issue a permit to act as an authorized inspector to any person employed by: (1) an insurance company authorized to insure elevators in this state; or (2) any person, firm, or corporation engaged in the business of inspecting elevators in this state who holds a certificate of competency, having passed a written examination approved by the chief, or in lieu of such an examination, who holds a certificate of competency as an inspector of elevators from a state that has a standard of examination equal to that of this state. A permit to act as an authorized inspector shall empower the authorized inspector to make inspections.  History of Section.P.L. 1947, ch. 1882,  3; G.L. 1956,  23-33-5; P.L. 1992, ch. 81,  1. 
 23-33-6. Reexamination of applicant for permit after failure to pass. If an applicant for a permit to act as an authorized inspector fails to pass the examination (testing the competency of the applicant to act as an authorized inspector) which examination shall be given by the chief inspector, the applicant may apply again for an examination after three (3) months have elapsed.  History of Section.P.L. 1947, ch. 1882,  3; G.L. 1956,  23-33-6; P.L. 1992, ch. 81,  1. 
 23-33-7. Compensation of authorized inspectors. An authorized inspector shall be compensated by the company employing him or her, and the fee provided for in  23-33-12 shall not be collected by any authorized inspector.  History of Section.P.L. 1947, ch. 1882,  3; G.L. 1956,  23-33-7. 
 23-33-8. Revocation of permits. The chief inspector may at any time revoke any permit issued by him or her to act as an authorized inspector, for cause shown, after a hearing, of which the holder of the permit shall receive five (5) days notice in writing.  History of Section.P.L. 1947, ch. 1882,  3; G.L. 1956,  23-33-8; P.L. 1992, ch. 81,  1. 
 23-33-9.1. Owners responsibility. (a) Each owner of an elevator, or other device subject to the provisions of this chapter, shall maintain the elevator or device in such a manner by code requirement to insure the safety of all those who use this mode of transportation.  (b) Each owner shall comply with all safety codes, rules, and regulations promulgated under this chapter.  History of Section.P.L. 1992, ch. 50,  1; P.L. 1997, ch. 326,  43. 
 23-33-9. Registration of elevators and escalators. It shall be the duty of every owner or lessee of every elevator, or other device subject to the provisions of this chapter, to register with the department of labor and training each elevator or device owned and/or operated by that person, giving the type, capacity, name of manufacturer, its location, and the purpose for which it is used (freight, passenger). Registration is to be made on a form furnished by the division of occupational safety.  History of Section.P.L. 1947, ch. 1882,  4; G.L. 1956,  23-33-9; P.L. 1992, ch. 81,  1. 
 23-34.1-1. Short title. This chapter may be cited as the Amusement Ride Safety Act. History of Section.P.L. 1997, ch. 79,  2. 
 23-34.1-10. Ride or device operator. (a) The ride or device operator must be at least eighteen (18) years of age and be familiar with the proper operation of the individual ride, safety precautions for each ride and shut off control procedures, provided however, that the operator of a nonmechanical ride which has no moving parts must be at least sixteen (16) years of age.  (b) The ride or device operator shall not be under the influence of alcohol, drugs, or both, while performing operator duties.  (c) All safety requirements pertaining to the operation of the ride or device outlined by the manufacturer must be followed. The commissioner shall ensure that all requirements are in compliance with the life safety code.  History of Section.P.L. 1997, ch. 79,  2. 
 23-34.1-11. Reporting of serious injuries or deaths occurring in connection with operation of rides or attractions. When any serious injury or any death occurs in connection with the operation of any amusement ride or attraction, the owner of the ride or attraction shall immediately report the serious injury or death to the commissioner or his or her designee. Within twenty-four (24) hours after receipt of any report, the commissioner or his or her designee shall cause an investigation of the occurrence and an inspection of the ride or attraction to determine the cause of the serious injury or death. The commissioner or his or her designee may enter into any place or upon any premises so licensed in furtherance of that investigation and inspection. Unless otherwise authorized by the director, no amusement ride or attraction subject to the provisions of this chapter may be operated or altered nor shall it be removed from the location where the serious injury or death occurred until after completion of the inspection. If the commissioner requires that the ride or attraction remain at the site, he or she shall given written notice to that further investigation is required to the owner of the ride or attraction. Notice shall also be provided to the owner of the site. In the event of death, the state shall secure the accident site and provide continuous security of the site until the commissioner, or his or her designee concludes its investigation.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2002, ch. 317,  1. 
 23-34.1-12. Annual registration and operating fees. There shall be an annual registration fee of fifty dollars ($50.00) per ride for which an annual inspection registration seal shall be provided upon certification that such ride meets the safety requirements as determined by a qualified licensed engineer. There is no fee for initial site inspections however, if the inspector is required to return to the site to re-inspect a ride, there shall be an abatement fee of twenty-five dollars ($25.00) per ride. If an inspector is required to remain on site beyond his or her normal business hours, the licensee shall pay any additional costs incurred by the state including overtime wages.  History of Section.P.L. 1997, ch. 79,  2. 
 23-34.1-13. Insurance. A person may not operate an amusement device or amusement attraction unless at the time of operation there is in existence:  (1) An insurance policy in an amount of not less than one million dollars ($1,000,000) per occurrence insuring the owner or lessee against liability for injury to persons arising out of the use of the amusement device or amusement attraction; or  (2) A bond in a like amount; however, the aggregate liability of the surety under such bond shall not exceed the face amount thereof.  The policy or bond shall be procured from one or more insurers or sureties licensed to transact business in this state or approved as surplus lines insurers. Proof of insurance or bond must be presented to the department in order to obtain a permit.  History of Section.P.L. 1997, ch. 79,  2. 
 23-34.1-14. Secretary of state to be attorney of nonresident owners of amusements. No certificate to operate or operation permit shall be issued under the provisions of this chapter to any owner not a resident of this state until such owner has appointed, in writing, the secretary of state and his or her successors in office to be his or her attorney, upon whom all process in any action or proceeding against him or her may be served; and in such writing such owner shall agree that any process against him or her which is served on said secretary shall be of the same legal force and validity as if served on the owner, and that such appointment shall continue in force as long as any liability remains outstanding against the owner in this state. Such written appointment shall be acknowledged before some other officer authorized to take acknowledgements of deeds and shall be filed in the office of said secretary, and copies certified by him or her shall be sufficient evidence of such appointment and agreement. Service upon said attorney shall be sufficient service upon the principal, and shall be made by leaving an attested copy of the process with the secretary of the state at his or her office or with any clerk having charge of the corporation department of said office. When legal process against any owner mentioned in this section is served upon the secretary of the state, he or she shall immediately notify such owner thereof by mail and shall, within two (2) days after such service, forward in the same manner a copy of the process served on him or her to such owner or to any person designated in writing by such owner. The plaintiff in the process so served shall pay to the secretary, at the time of the service, a fee of one and one-half dollars ($1.50) for each page, and in no case less than five dollars ($5.00), which shall be recovered by him or her as part of his taxable costs if he or she prevails in such suit. The secretary shall keep a record of all process served upon him or her which shall show the day and hour when such service was made.  History of Section.P.L. 1997, ch. 79,  2. 
 23-34.1-15. Penalty. (a) Any violation of the provision of this chapter shall result in a revocation of the permit or certificate to operate, or both until all violations are abated.  (b) Any person who willfully violates the provision of this chapter, or any order or regulation made pursuant to the provisions thereof shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than one (1) year or both.  History of Section.P.L. 1997, ch. 79,  2. 
 23-34.1-16. Exemption  Bazaars, fairs and circuses. Bazaars, fairs, and circuses shall not be inspected under these regulations unless, and only to the extent that such bazaars, fairs and circuses have amusement rides or devices associated with them. When a bazaar, fair or circus contains any amusement ride or device, the provisions of this chapter concerning carnivals shall apply.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2012, ch. 415,  25. 
 23-34.1-17. Advisory committee. To assist in the adoption of rules and regulations with regard to the operation of amusement rides and devices, there is hereby created an amusement ride advisory committee. The committee shall consist of seven (7) members, one (1) of whom shall be a carnival owner, one (1) of whom shall be a member of the amusement ride industry, one (1) of whom shall be a structural engineer, one (1) of whom shall be the state building commissioner or his or her designee, one (1) of whom shall be a mechanical engineer, one (1) of whom shall be the state fire marshall or his or her designee, and one (1) of whom shall be a citizen of the state of Rhode Island, all members to be appointed by the governor for a three (3) year term, and to meet on a quarterly basis or as needed by the commissioner in furtherance of the provision of this chapter.  History of Section.P.L. 1997, ch. 79,  2. 
 23-34.1-18. Appointment of inspectors  Qualifications. (a) The advisory committee shall establish procedures for the appointment of authorized inspectors in addition to at least one of the following requirements:  (1) Applicants must have at least ten (10) years of work experience in the field of amusement ride assembly, repair and inspection including proven work experience in the enforcement of the welding and electric codes.  (2) Applicants who present proof of satisfactory evidence of graduation from a school offering a program of study in amusement ride assembly and inspection, must also be certified by the National Association of Amusement Ride Safety Officials (NAARSO), as Level II amusement ride safety inspectors.  (3) Applicants must be registered as licensed mechanical or structural engineers.  (b) All applicants who satisfy at least one of the three (3) requirements of subdivisions (a)(1)  (a)(3) of this section, and who shall pay an annual registration fee of one hundred dollars ($100), shall be placed on a rotating list of qualified inspectors.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2002, ch. 317,  1. 
 23-34.1-2. Purpose. The purpose of this chapter is to guard against personal injuries in the assembly, disassembly, and use of amusement devices, amusement attractions, and temporary structures at public fairs and expositions, carnivals, festivals, celebrations, bazaars, and permanent facilities. Such devices, attractions, and structures shall be designed, constructed, assembled or disassembled, maintained, and operated so as to prevent such injuries.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2012, ch. 415,  25. 
 23-34.1-3. Definitions. As used in this chapter: (1) Altered ride means a ride or device that has been altered with the approval of the manufacturer.  (2) Amusement attraction means any building or structure around, over, or through which persons may move to walk, without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. Excluded are air structures (moonwalks), arenas, stadiums, theatres, nonmechanical amusement structures commonly located in or around day care centers, schools, commercial establishments, malls, fast food restaurants, and convention halls. This does not include enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.  (3) Amusement ride means any mechanical device that carries, suspends, or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area, for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. For the purposes of this chapter, any dry slide over twenty (20) feet in height is also included. This term shall not include hayrides (whether pulled by motor vehicle or horse), any coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator or nonmechanical devices with nonmoving parts, including, but not limited to, walk-through amusement attractions, slides, and air structures (moonwalks).  (4) Bazaar means an enterprise principally devoted to the exhibition of products of crafts and art, to which the operation of amusement rides or devices or concession booths is an adjunct.  (5) Carnival means a transient enterprise offering amusement or entertainment to the public in, upon, or by means of amusement devices, rides, or concession booths.  (6) Certificate to operate means that document that indicates that the temporary amusement device has undergone the inspection required after setup. It shall show the date of inspection, the location of the inspection, the name of the inspector, and the maximum amount of weight allowed per car or rideable unit.  (7) Commissioner means the state building commissioner.  (8) Department means the department of business regulation.  (9) Director means the director of the department of business regulation.  (10) Fair means an enterprise principally devoted to the exhibition of products of agriculture or industry, to which the operation of amusement rides or devices or concession booths is an adjunct.  (11) Homemade ride or device means a ride or device that was not manufactured by a recognized ride or device manufacturer or any ride or device that has been substantially altered without the approval of the manufacturer.  (12) Inspection means the physical examination of an amusement ride or device made by the commissioner, or his or her authorized representative, prior to operating the amusement device for the purpose of approving the application for a license.  (13) Kiddie ride means a device designed primarily to carry a specific number of children in a fixture suitable for conveying children up to forty-two inches (42) in height or ride manufacturer specifications.  (14) Major alteration means a change in the type, capacity, structure, or mechanism of an amusement device. This includes any change that would require approval of the ride manufacturer or an engineer.  (15) Major ride means a device designed to carry a specific maximum number of passengers, adults and children, in a fixture suitable for conveying persons.  (16) Manager means a person having possession, custody, or managerial control of an amusement device, amusement attraction, or temporary structure, whether as owner, lessee, or agent or otherwise.  (17) Owner means the person or persons holding title to, or having possession or control of, the amusement ride or device or concession booth.  (18) Permanent amusement ride means an amusement ride that is erected to remain a lasting part of the premises.  (19) Permit means that document that signifies that the amusement device or amusement attraction has undergone and passed its annual inspection. The department shall affix a decal that clearly shows the month and year of expiration.  (20) Qualified licensed engineer means a licensed mechanical engineer who has at least five (5) years of experience in his or her field and has experience in amusement ride inspection.  (21) Reinspection means an inspection that is made at any time after the initial inspection.  (22) Repair means to restore an amusement ride to a condition equal to or better than the original design specifications.  (23) Ride file jacket means a file concerning an individual amusement ride or device that contains nondestructive test reports on the testing firms official letterhead; the name of the ride, the manufacturer and date of manufacture; maintenance records; records of any alterations; ride serial number; daily check lists and engineers reports; and proof of insurance. Non-destructive test reports shall not be required on any rides that are nonmechanical and that are not provided by the manufacturer with the amusement ride.  (24) Ride operator means the person in charge of an amusement ride or device and who causes the amusement ride or device to operate.  (25) Serious injury means an injury requiring a minimum of one overnight stay in a hospital for treatment or observation.  (26) Stop order means any order issued by an inspector for the temporary cessation of a ride or device.  (27) Temporary amusement device means a device that is used as an amusement device or amusement attraction that is regularly relocated from time to time, with or without disassembly.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2002, ch. 317,  1; P.L. 2018, ch. 47, art. 3,  5. 
 23-34.1-4. Inspection registration seal. No amusement ride or device shall be placed in service unless an inspection registration seal of the commissioner is affixed to it by the administrator or his or her agent. The inspection registration seal shall contain:  (1) The name of the owner of the ride;  (2) The serial number of the ride;  (3) The year of manufacture;  (4) The identification number established by the commissioner or his or her designee;  (5) The name of the manufacturer; and  (6) The current yearly inspection sticker.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2002, ch. 317,  1; P.L. 2012, ch. 415,  25. 
 23-34.1-5. Operation of amusement ride or device  Permits. (a)(1) A permanent amusement device or amusement attraction may not be operated in the state without a permit issued by the department. Temporary amusement devices and amusement attractions must also have a certificate to operate. The permits and certificates are not transferable, and if any permit holder voluntarily discontinues operation of the amusement device or amusement attraction, all rights secured under the permit are terminated.  (2) Before commencement of the operation of a permanent amusement device or amusement attraction, the owner shall make written application to the department for a permit to operate. A permit shall be issued to any owner who presents to the department a certificate issued by a qualified inspector that the amusement attraction or amusement ride has undergone and passed its annual inspection. Permanent amusement rides/devices shall be inspected one time per year by a qualified inspector. The permit shall be valid for a period of one year. In order to perform the above inspection, the ride or device shall be disassembled only to the extent that will make every connection (either welded or bolted), accessible for thorough inspection. The inspection shall at a minimum comply with the requirements of the American Society for Testing and Materials (ASTM Committee F-24 on amusement rides and devices). An affidavit of the annual disassembled ride inspection, must be filed with the department.  (3) A temporary amusement device or amusement attraction, upon first entry into the state, must be inspected by the department for the permit to be issued. Additionally, it must be inspected at least annually by a professional engineer, or other qualified inspector, each of whom must be approved by the department. The inspection shall at a minimum comply with the requirements of the American Society for Testing and Materials (ASTM Committee F-24 on amusement rides and devices). An affidavit of the annual inspection must be filed with the department.  (b) Additional inspections in either a disassembled or assembled configuration shall be conducted if evidence of a dangerous or defective condition is presented to the commissioner.  (c) For the purposes of this chapter, qualified inspector has the meaning attributed to an inspector who possesses the qualifications set forth in  23-34.1-18.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2002, ch. 317,  1. 
 23-34.1-6. Amusement ride or device owner  Obligations. (a) If an amusement ride or device is materially rebuilt or so modified as to change its original action, it shall be re-identified by a different name and a different serial number.  (b) Repairs will be carried out in accordance with the manufacturers instructions and shall utilize replacement parts which meet or exceed original equipment specifications.  (c) It shall be the responsibility of the amusement ride or device owner to obtain all safety alert or maintenance bulletins and strictly adhere to the manufacturers requirements.  (d) The owner must maintain an up-to-date ride file jacket.  (e) All major alterations or other modifications must be submitted in writing to the manufacturer or an approved engineer for review. The manufacturers or engineers comments must be kept in the ride file jacket.  (f) The assembly and disassembly of an amusement ride or device shall be done by or under the immediate supervision of a person experienced in the proper performance of such work in respect to the ride or device.  (g) Parts shall be properly aligned and shall not be bent, distorted, cut, omitted or otherwise deformed to force them into place. Parts requiring lubrication shall be relubricated in the course of assembly. Fastening and locking devices such as bolts, cap screws, cotter pins and lock washers shall be installed where required. Nuts and lock nuts shall be firmly set. Welding of parts upon which safe operation depends shall be done by welders certified in accordance with the requirements of the American Welding Society. Any work performed by a welder shall be noted in the ride record and filed in the ride file jacket.  (h) Tools and equipment used in the assembly or disassembly of amusement rides or devices shall be of proper size and design to enable the work to be done safely and properly.  (i) Daily inspection of amusement rides or devices shall be required prior to the ride or device carrying passengers. The inspection shall be made by the owner or his or her agent. The inspection shall include the operation of control devices, speed-limiting devices, brakes and other equipment provided for safety (i.e. pins, bolts, keys, and other fasteners). Prior to carrying passengers, the ride or device shall be operated for a minimum of one complete operating cycle. A record of each inspection shall be filed in the ride file jacket.  (j) All power transmission devices and associated moving parts shall be shielded, enclosed or barricaded to protect the public.  (k) Hydraulic systems shall be checked for leaks, damaged pipes and worn or deteriorated hoses. Only manufacturer approved hydraulic fluid shall be used.  (l) Pressure relief valves or devices, including, but not limited to, compressed air and gas devices, shall be tested on a weekly basis to insure that they operate properly.  (m) All fabrics constituting part of an amusement ride or device shall meet the requirements of the small-scale test contained in NFPA 701, Standard Methods of Fire Tests for Flame-Resistant Textiles and Films.  (n) Storage and use of flammable liquids and gases shall comply with the requirements of the regulations of the division concerning flammable and combustible liquids.  (o) In all locations where vehicles and persons may travel, electrical cables shall be protected with conduit, planks or other approved methods such as matting or trenching.  (p) Each electrically operated amusement ride or device shall be provided with a properly labeled disconnect power switch placed within reach of the operator.  (q) Safe and adequate means of access to and egress from amusement rides or devices shall be provided. All passageways shall be free from debris, obstructions, projections and other hazards. All surfaces shall be such as to prevent slipping and tipping. The width of passageways shall not be less than the width of exit doors or stairs to which they lead.  (r) All amusement rides or devices shall be required to be fenced for the protection of passengers, spectators and workers in compliance with ASTM F-24 Committee guidelines.  (s) Amusement rides and attractions are to be kept fifteen (15) feet away from electrical lines as specified in the National Electric Code, Section 525-12.  (t) The interior and exterior parts of all passenger-carrying amusement devices or amusement attractions with which a passenger may come in contact shall be smooth and rounded and free from sharp, rough, or splintered edges and corners, with no projecting studs, bolts, screws, or other projections which might cause injury. Interior parts upon or against which a passenger may be forcibly thrown by the action of the amusement device or amusement attraction shall be adequately padded.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2002, ch. 317,  1. 
 23-34.1-7. Inspection of operations. (a) Each permanent or temporary device shall be inspected and tested by the department each season before operation so as to test the full operation of all control devices, speed-limiting devices, brakes, and other equipment provided for safety before a permit is issued. A copy of the inspection report shall be on file in the office of the manager of the fair or coordinator of the event before the ride is opened to the public.  (b) Each temporary major amusement device or amusement attraction must be inspected upon setup at each location by the department. The temporary major amusement device or amusement attraction shall not be permitted to operate unless the inspection has taken place. The owner or operator of the amusement ride shall be responsible for arranging or requesting the inspection at each location by contacting the department at least fourteen (14) business days prior to the arrival of the amusement ride at the location; provided, however, that if the department does not schedule an inspection within the fourteen (14) day period, the owner shall be allowed to operate the amusement ride pending the inspection, provided that the owner has an inspection scheduled and has a valid permit.  (c) The manager of a temporary major amusement device or amusement attraction must visually inspect the device daily. This inspection shall be recorded daily on a form approved by the American Society of Mechanical Engineers (ASME) and/or the ASTM-F24. The last fourteen (14) daily forms must be kept with the temporary major amusement device or amusement attraction. A copy of the inspection report shall be on file in the office of the manager of the fair or coordinator of the event before the ride is opened to the public.  (d) Upon proper presentation of credentials, an authorized employee of the department may enter unannounced and inspect amusement devices at any time and in a reasonable manner and shall have the right to question any owner, manager, or agent of the owner; to inspect, investigate, photograph, and sample all pertinent places, areas, and devices; and to examine and reproduce all file jackets and proof of insurance for the purpose of enforcing the provisions of this chapter. A fee may not be charged for these unannounced inspections.  (e) An amusement device or an amusement attraction which fails to pass an inspection may not be operated for public use until it has passed a subsequent inspection. If an inspector finds that an amusement ride has been involved in or is likely to become involved in an incident, failure or malfunction which, in his or her judgment, seriously affects the continued operation of the ride or device, in a manner which is unsafe to the public, then he or she shall issue an order prohibiting the operation of said ride or device until the device is made safe for operation in conformity with ASTM committee F-24 standards. Such an order shall only be removed by the commissioner, his or her designee or by court order.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2002, ch. 317,  1. 
 23-34.1-8. Electrical equipment, service and permit. (a) All electrical equipment, wiring and installation shall comply with State Electric Code, SBC-5.  (b) It shall be the responsibility of the owner or manager of the amusement company to obtain written approval of the electrical service and equipment hookup from the building officials of the city or town in which the amusement is located prior to the licensing inspection. The electrical permit application shall be submitted to the city or town at least fourteen (14) days prior to the scheduled arrival of the amusement device(s) to the location designated for operation within a carnival.  (c) In the event that the building official is unavailable to inspect the electrical service and equipment hookup, the following emergency provisions shall apply:  (1) The building official in the city or town shall contact building officials in neighboring cities or towns to arrange for an inspection.  (2) In the event that an inspection by local government was not possible to arrange, the owner or manager of the amusement company must obtain a certification from a class A electrical contractor that the electrical service and equipment hookup complies with the standards set forth in subsection (a) of this section; and  (3) The certifying electrician shall not be the person or a person, from the same firm, who installed the electrical service or equipment hookup.  History of Section.P.L. 1997, ch. 79,  2; P.L. 2002, ch. 317,  1. 
 23-34.1-9. General set up requirements. (a) Blocking, when used, must be placed on a sound foundation. Concrete blocks, hollow blocks, hollow boxes or other hollow core items shall not be allowed. Cribbing and crossing of blocks is required, when stacking two (2) or more blocks.  (b) All passenger carrier and safety restraints must be in good, serviceable condition.  (c) All pins, bolts, and other fasteners must be safety locked with snap rings, cotter keys, or other type of locking device to keep the pins bolts, and other fasteners in their proper place. The pins must be in place and of proper size and type, as specified by the manufacturer. No nails, screws, or wire will be allowed.  (d) The rides must be operated within their manufacturers specifications designated revolutions per minute rating with a balanced load and are not to be overloaded.  (e) Rides using gasoline fueled engines shall not be fueled while the engine is running or passengers are on the ride.  (f) Moving, or hot parts, including but not limited to, belts, chains, gears, shafts, knuckle joints, and exhaust pipes, that may be injurious to the public shall be effectively guarded to prevent contact. All electrical junction boxes must be locked or sealed and properly identified as such and have proper fencing around them.  (g) All rides shall have an approved and operable fire extinguisher within fifteen (15) feet of each ride operator, unless the local fire marshal requires additional extinguishers.  (h) Major rides are to be set up a minimum of twelve (12) feet apart between all moving parts, a minimum of six (6) feet between kiddie rides. The measurements shall be taken from any moving part.  History of Section.P.L. 1997, ch. 79,  2. 
 23-34-1  23-34-8. Repealed. History of Section.P.L. 1985, ch. 452,  1; Repealed by P.L. 1997, ch. 79,  1, effective January 1, 1998. For present comparable provisions, see  23-34.1-1 et seq. 
 23-35-1  23-35-8. Repealed. History of Section.P.L. 1909, ch. 447,  1-5; P.L. 1909, ch. 447,  7; P.L. 1915, ch. 1222,  1; G.L. 1923, ch. 174,  1-7; P.L. 1927, ch. 1042,  4; G.L. 1938, ch. 358,  1-7; G.L. 1956,  23-35-1  23-35-8; Repealed by P.L. 1966, ch. 216,  3. 
 23-36-1  23-36-18. Repealed. History of Section.These sections (G.L. 1896, ch. 144,  1-9; P.L. 1896, ch. 398,  1; P.L. 1902, ch. 988,  1; P.L. 1908, ch. 1587,  1; G.L. 1909, ch. 50,  21; G.L. 1909, ch. 170,  1-9; G.L. 1923, ch. 51,  21; G.L. 1923, ch. 200,  1-9; G.L. 1938, ch. 333,  21; G.L. 1938, ch. 382,  1-13; P.L. 1949, ch. 2284,  1; P.L. 1949, ch. 2284,  2; P.L. 1949, ch. 2285,  1; P.L. 1953 (1st s. s.), ch. 3233,  1; P.L. 1950, ch. 2533,  1-4; G.L. 1956,  23-36-1  23-36-18; P.L. 1960, ch. 95,  1; Repealed by P.L. 1966, ch. 216,  3. 
 23-37-1. Police authority of fire company officers at fire  Right of entry. The chief, chief engineer, assistant engineer, captain, lieutenant, or any other executive officer of any volunteer fire company, association, fire district company, or any other organization organized or created for the purpose of extinguishing fires and preventing fire hazards, whether it is incorporated or not, and whether it is a paid department or not, when on duty at a fire in the city or town where the fire headquarters or station of the company, association, or organization is located or in response to an alarm for such a fire shall, in the absence of the chief of police, have the power to suppress any tumult or disorder and to command from the inhabitants of the city or town all needful assistance for the suppression of fires and in the preservation of property exposed to fire; the officers above enumerated shall also have authority to go onto and enter any property or premises and to do whatever may reasonably be necessary in the performance of their duties while engaged in the work of extinguishing any fire or performing any duties incidental thereto.  History of Section.P.L. 1929, ch. 1386,  1; G.L. 1938, ch. 360,  1; G.L. 1956,  23-37-1. 
 23-37-2. Penalty for disobedience of or interference with firefighters. Any person who shall neglect or refuse to render assistance when lawfully called upon to do so by any of the officers listed in  23-37-1 at a fire, or who shall refuse to obey any lawful order of those officers, or interfere with any officer or person connected with any fire fighting organization enumerated in  23-37-1, while on duty at a fire, shall pay for each offense a fine not exceeding twenty dollars ($20.00), or shall be imprisoned for a term of not more than thirty (30) days, either or both, at the discretion of the court.  History of Section.P.L. 1929, ch. 1386,  1; G.L. 1938, ch. 360,  1; G.L. 1956,  23-37-2. 
 23-37-3. Injuring property of fire company. Any person who shall wantonly or maliciously cut or otherwise injure any hose or apparatus belonging to or used by any fire department, company, association, or other organization organized for the purpose of and engaged in the suppression of fires, whether incorporated or not, shall be subject to a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars ($200), or shall be imprisoned for a term of not more than thirty (30) days, either or both, at the discretion of the court.  History of Section.P.L. 1929, ch. 1386,  2; G.L. 1938, ch. 360,  2; G.L. 1956,  23-37-3. 
 23-37-4. Unauthorized obstruction of hydrants. Any person who shall obstruct or interfere with the use of any fire hydrant in any town, or city, by piles of lumber, building material, articles of merchandise, the excavation or removal of buildings, dirt or rubbish, or in any other way or manner, unless by permission of the town or city council, shall pay a fine not exceeding twenty dollars ($20.00) for each offense. Every day that the interference or obstruction shall continue shall be regarded as a separate offense; provided, however, that the permission herein required of the town or city council may be lawfully obtained from the commissioner or director of public works or any other officer of any city or town whenever he or she may be so duly authorized by law.  History of Section.P.L. 1929, ch. 1386,  3; G.L. 1938, ch. 360,  3; G.L. 1956,  23-37-4. 
 23-38.1-1  23-38.1-15. [Transferred.]
 23-38.2-1  23-38.2-8. [Transferred.]
 23-38.3-1  23-38.3-12. [Transferred.]
 23-38-1. Definitions. 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.  History of Section.P.L. 1986, ch. 365,  1. 
 23-38-2.1. Metal beverage container rings or tabs required to be nondetachable. No beverage shall be sold, offered for sale, or distributed within the state in a metal container designed and constructed so that the container is opened by detaching a metal ring or tab, except if the tab is made of tape, foil, or other soft material.  History of Section.P.L. 1989, ch. 289,  1. 
 23-38-2.2. Readily removable caps, lids, or rings. (a) No beverage shall be sold, offered for sale, or distributed within the state in a plastic container composed of more than one resin, excluding the cap, lid, or ring for the container. The cap, lid, or ring of the container shall be readily removable from the body of the container.  (b) This section shall not apply to containers that are recycled or can be demonstrated to be recyclable, or if the manufacturer can show that more than one resin is necessary to preserve product integrity.  (c) The department of environmental management shall promulgate rules and regulations pertaining to this section.  History of Section.P.L. 1989, ch. 210,  1. 
 23-38-2. Connectors for beverage containers required to be degradable. No person shall sell or offer to sell in this state beverage containers that are held together by connectors, unless the connectors are made of degradable material.  History of Section.P.L. 1986, ch. 365,  1. 
 23-38-3. Penalty for violation. A person who violates this chapter shall be deemed guilty of a violation and shall be fined not more than two hundred fifty dollars ($250). Each day that the violation continues or exists shall constitute a separate offense.  History of Section.P.L. 1986, ch. 365,  1; P.L. 1997, ch. 326,  44. 
 23-39-1. Short title. This chapter may be cited as the Respiratory Care Act. History of Section.P.L. 1986, ch. 428,  1. 
 23-39-10. Inactive status. (a) Upon request, the division shall grant inactive status to a licensee who does not intend to practice his or her profession within this state during the period covered by the inactive status. The person may be reinstated without payment of a penalty fee upon application and presentation of evidence of completion of these requirements. The person must pay the current license renewal fee.  (b) Upon reinstatement to active status, a licensee must show proof of having completed continuing education during the two (2) years immediately preceding reinstatement in such amount as may be prescribed by rules and regulations.  History of Section.P.L. 1986, ch. 428,  1; P.L. 2000, ch. 172,  1. 
 23-39-11. Fees. (a) The director, in consultation with the board, shall establish a schedule of reasonable fees for licenses, and for renewal of licenses for respiratory care practitioners.  (b) The initial application fee shall be as set forth in  23-1-54.  (c) A biennial license renewal fee shall be established in an amount as set forth in  23-1-54.  History of Section.P.L. 1986, ch. 428,  1; P.L. 2001, ch. 77, art. 14,  33; P.L. 2007, ch. 73, art. 39,  34; P.L. 2012, ch. 241, art. 9,  47. 
 23-39-12. Denial, suspension, revocation, and reinstatement of licenses. 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.  History of Section.P.L. 1986, ch. 428,  1. 
 23-39-13. Receipts. The proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited as general revenues.  History of Section.P.L. 1986, ch. 428,  1; P.L. 1995, ch. 370, art. 40,  81. 
 23-39-14. Penalties  Action to enforce chapter. (a) A violation of any provision of this chapter shall be deemed a misdemeanor.  (b) The department may bring a civil action in any district court to enforce any provision of this chapter.  History of Section.P.L. 1986, ch. 428,  1. 
 23-39-15. Severability. 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.  History of Section.P.L. 1986, ch. 428,  1. 
 23-39-2. Definitions. As used in this chapter: (1) Board means the administrative board of respiratory care;  (2) Department means the Rhode Island department of health;  (3) Director means the director of the Rhode Island health department;  (4) Division means the division of professional regulation;  (5) Respiratory care (including respiratory therapy and inhalation therapy) means a health professional, under qualified medical direction, employed in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the cardiopulmonary system and associated aspects of other system function;  (6) Respiratory care practitioner means a person who is licensed to practice respiratory care in Rhode Island. The respiratory care practitioner may transcribe and implement a physicians written and verbal orders pertaining to the practice of respiratory care as defined in this chapter; and  (7) Respiratory care training program means a program accredited or recognized by the commission on accreditation of allied health education programs in collaboration with the committee on accreditation for respiratory care or any other accrediting agency that may be approved by the board.  History of Section.P.L. 1986, ch. 428,  1; P.L. 2000, ch. 172,  1. 
 23-39-3. Purpose. The purpose of this chapter is to safeguard the public health, safety, and welfare by licensing and regulating persons engaged in the practice of respiratory care within the state.  History of Section.P.L. 1986, ch. 428,  1. 
 23-39-4. License required. (a) No person shall practice respiratory care or represent himself or herself to be a respiratory care practitioner unless that person is licensed under this chapter, except as otherwise provided by this chapter.  (b) Nothing in this chapter is intended to limit, preclude, or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of Rhode Island, self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner, or respiratory care services in case of an emergency.  (c) This chapter does not prohibit a person enrolled in a respiratory care training program from performing those duties essential for completion of a students clinical service; provided, that the duties are performed under the supervision or direction of a physician or licensed respiratory care practitioner and the person is identified as a student respiratory care practitioner.  History of Section.P.L. 1986, ch. 428,  1. 
 23-39-5. Board created. (a) Within the division of professional regulation of the health department shall be a board of respiratory care consisting of five (5) members as follows:  (1) One physician licensed in the state who is knowledgeable in respiratory care;  (2) Three (3) licensed respiratory care practitioners;  (3) One public member who is a resident of Rhode Island. The public member shall not have been licensed as a respiratory care practitioner nor shall he or she have any financial interest, direct or indirect, in the occupation regulated.  (b) The director of the department of health, with the approval of the governor, within sixty (60) days following November 1, 1986, shall appoint one board member for a term of one year; two (2) for a term of two (2) years; and two (2) for a term of three (3) years. Appointments made thereafter shall be for three-year terms but no person shall be appointed to serve more than two (2) consecutive terms.  (c) The director, in his or her initial appointment, shall appoint as the respiratory care practitioner one of the members of the board or a person currently practicing as respiratory care practitioners in Rhode Island.  (d) The board shall meet during the first month of each calendar year to select a chairperson and for other purposes. At least one additional meeting shall be held before the end of each calendar year. Other meetings may be convened at the call of the chairperson, the administrator of professional regulation, or upon the written request of any two (2) board members.  (e) In the event of a vacancy in one of the positions, the director of the department of health, with the approval of the governor, may appoint a person who shall fill the unexpired term.  History of Section.P.L. 1986, ch. 428,  1; P.L. 1988, ch. 84,  23. 
 23-39-6. Board duties. The duties of the board shall be as follows: (1) To evaluate the qualifications of applicants and review the required examination results administered by a testing agency approved by the board;  (2) To recommend issue of licenses to applicants who meet the requirements of this chapter;  (3) To administer, coordinate, and enforce the provision of this chapter and investigate persons engaging in practices which may violate the provisions of this chapter;  (4) To deny, or revoke licenses to practice respiratory care as provided in this chapter;  (5) To annually review the exam accepted by the board; and  (6) To recommend to the director adoption of rules and regulations.  History of Section.P.L. 1986, ch. 428,  1. 
 23-39-7. Licensing by training and examination. (a) Any person desiring to become licensed as a respiratory care practitioner shall make application to the board on a written form in the manner that the board prescribes, pay all required application fees, and certify and furnish evidence to the board that the applicant:  (1) Has successfully completed a training program as defined in this chapter;  (2) Has passed the examination approved by the board, as specified by rules and regulations of the department, for respiratory care practitioners administered by a nationally recognized organization for respiratory care; and  (3) Is of good moral character.  (b) Respiratory care providers who are licensed or otherwise regulated to practice under laws of another state or territory or the District of Columbia may, upon receiving an authorization from the division, perform as a respiratory care practitioner under the supervision of a qualified and licensed respiratory care practitioner. If the applicant fails to receive licensure when the board reviews the application, all mentioned privileges shall automatically cease.  History of Section.P.L. 1986, ch. 428,  1; P.L. 2000, ch. 172,  1. 
 23-39-8. Repealed. History of Section.P.L. 1986, ch. 428,  1; Repealed by P.L. 1989, ch. 542,  64, effective July 10, 1989. 
 23-39-9. Other licensing provisions. (a)(1) Graduate Practice. Every graduate of a board approved respiratory care school who has filed a respiratory care practitioner application may, upon receiving a receipt from the division of professional regulation, perform as a respiratory care practitioner under the supervision of a respiratory care practitioner licensed in this state.  (2) During this period the applicant shall identify himself or herself only as a graduate respiratory care practitioner.  (3) If the applicant shall fail to take the examination within ninety (90) days from effective date of graduate status, without due cause or fail to pass the examination and receive a license, all privileges described in subsection (a)(1) shall automatically cease.  (b) Unless licensed as a respiratory care practitioner under the respiratory care act, no person shall use any title or abbreviation to indicate that the person is a licensed respiratory care practitioner.  (c) Verification of a valid license issued pursuant to this chapter shall be available at the respiratory care practitioners place of employment.  (d) Licenses, including initial licenses, shall be issued for a period of two (2) years.  (e) License renewal dates will be set by the division.  (f) Applicants and biennial licensure shall meet the continuing education requirements as prescribed by the director of health.  History of Section.P.L. 1986, ch. 428,  1; P.L. 1997, ch. 326,  45; P.L. 2000, ch. 172,  1. 
 23-4.1-1. Declaration of policy and purpose. (a) The general assembly declares that it is the policy of the state to save lives and speed the healing of persons injured in accidents or otherwise in need of medical service by providing an emergency care system that will bring the injured or sick person under the care of persons properly trained to care for the injured or sick in the shortest practical time and that will provide safe transportation for the injured or sick person to a treatment center prepared to receive the injured person.  (b) It is the purpose of this chapter to promote this policy by providing the means by which the best possible first aid treatment can be brought to the injured or sick person in the shortest practical time and by which the injured or sick person can be safely transported to a medical treatment center in proper equipment that is designed to provide supportive care for the injured or sick person and which is able to communicate with the medical treatment center regarding the treatment of the injured or sick person.  (c) It is the plan of this chapter to provide help for any scheme of emergency medical service that provides trained personnel, furnishes adequate equipment, and which furnishes emergency medical service to the public.  (d) It is not the intent of this chapter to prevent the operation of any nonprofit ambulance service which meets the minimum standards as provided by this chapter for the training of ambulance personnel and for medical service equipment.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-1. 
 23-4.1-10. Regulations and fees. (a) The director shall be guided by the purposes and intent of this chapter in the making of regulations as authorized by this chapter.  (b) The director may issue regulations necessary to bring into effect any of the provisions of this chapter.  (c)(1) The director shall charge license fees for an annual license for an ambulance service, for an annual vehicle license, and for an emergency medical technician license. All such fees are as set forth in  23-1-54.  (2) The director may charge an examination fee for examinations for an emergency medical technician license and an inspection fee for inspections for a vehicle license as set forth in  23-1-54.  (3) The director is also authorized to establish reasonable fees for other administrative actions that the director shall deem necessary to implement this chapter. The fees provided for in this section shall be deposited as general revenues and shall not apply to any city or town employee providing services referenced in this chapter on behalf of the city or town, and shall not apply to any individual providing services referenced in this chapter on behalf of any bona fide volunteer or not for profit organization. Further, the services licensure fees and vehicle inspection fees shall not apply to services and vehicles operated by any city, town, or fire district or to services and vehicles operated by bona fide volunteer or not for profit organizations.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-10; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-10; P.L. 1983, ch. 281,  1; P.L. 1987, ch. 189,  1; P.L. 1993, ch. 138, art. 33,  1; P.L., 1995, ch. 370, art. 40,  60; P.L. 2001, ch. 77, art. 14,  29; P.L. 2007, ch. 73, art. 39,  28; P.L. 2012, ch. 241, art. 9,  38. 
 23-4.1-11. Repealed.
 23-4.1-12. Immunity from liability. (a) No person, licensed and authorized pursuant to this chapter or rules and regulations promulgated pursuant to this chapter, shall be liable for any civil damages for any act or omission in connection with emergency medical services (EMS) training or in connection with services rendered outside a hospital, unless the act or omission is inconsistent with the level and scope of the persons training and experience and unless the act or omission was the result of gross negligence or willful misconduct.  (b) No agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises the functions of emergency medical services personnel licensed and authorized pursuant to this chapter, including advanced life support personnel, shall be liable for any civil damages for any act or omission in connection with sponsorship, authorization, support, finance, or supervision of those emergency medical services personnel, where the act or omission occurs in connection with EMS training or with services rendered outside a hospital, unless the act or omission is inconsistent with the level and scope of the training of the emergency medical services personnel and unless the act or omission was the result of gross negligence or willful misconduct.  (c) No principal, agent, contractor, employee, or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises any functions of emergency medical services personnel licensed and authorized pursuant to this chapter, or rules and regulations promulgated pursuant to this chapter, including advanced life support personnel, shall be liable for any civil damages for any act or omission in connection with that sponsorship, authorization, support, finance, or supervision of those emergency medical services personnel, where the act or omission occurs in connection with EMS training, or occurs outside a hospital, unless the act or omission is inconsistent with the level and scope of the training of the emergency medical services personnel and unless the act or omission was the result of gross negligence or willful misconduct.  (d) No physician, who in good faith arranges for, requests, recommends, or initiates the transfer of a patient from a hospital to a critical medical care facility in another hospital, shall be liable for any civil damages as a result of the transfer, where sound medical judgment indicates that the patients medical condition is beyond the care capability currently available in the transferring hospital or the medical community in which that hospital is located and where a prior agreement exists from the transferee facility to accept and render necessary treatment to those patients.  (e) Any municipal, fire district, or state firefighter, paramedic, or emergency medical technician who, in good faith, without the expectation of monetary or other compensation from the person aided or treated, renders first aid, emergency treatment, rescue assistance, or transport services to a person at the scene of an accident, fire, or in any other emergency situation, or en route from the scene to any hospital, medical clinic, or doctors office, shall not be liable for any civil damages for acts or omissions resulting from the rendering of that care, treatment, or assistance.  (f) The individual immunity granted in this section applies to members or employees of governmental ambulance, rescue, or emergency units, whether or not a user or service fee may be charged by the governmental entity and whether or not the members or employees receive salaries or other compensation from the governmental entity.  (g) The immunity granted in this section also extends to any city, town, or fire district engaged in rendering emergency aid.  (h) This section shall not be construed to provide immunity to a person or entity causing any damage by his willful, wanton, or reckless acts or omissions.  History of Section.P.L. 1982, ch. 95,  2; P.L. 2000, ch. 432,  1. 
 23-4.1-13. Exclusion of non-emergency providers. Private ambulance services that are used solely for the transportation of non-emergency patients shall be exempted from the provisions of this chapter and chapter 17.6 of this title. These services, however, must continue to conform to rules and regulations promulgated under this chapter which were in effect on May 1, 1982.  History of Section.P.L. 1982, ch. 95,  3. 
 23-4.1-14. Notification of next of kin or other member of household. Whenever any person requires emergency medical transportation from their home or business establishment by any private or public ambulance or rescue vehicle, and no member of the patients family, household or a business associate is present at the time of evaluation, the rescue team shall affix a sticker or other means of notification in the place of evaluation. The sticker shall note the patients name if available and a telephone number where information can be obtained to ascertain the patients whereabouts. Failure to comply with the provisions of this section shall not result in any civil or criminal liability on the part of the private or public ambulance or rescue vehicle company or their personnel.  History of Section.P.L. 1990, ch. 67,  1. 
 23-4.1-15. Trauma system advisory committee. There is established within the department of health a trauma system advisory committee. The committee, appointed by the director, shall include representatives of the following groups: consumers, third-party payers, emergency medical technicians, hospitals, physicians, nurses, the Hospital Association of Rhode Island, the department of health, the ambulance service advisory board, emergency medical service providers, and the Rhode Island Medical Society. Each nonprofit hospital with an emergency medical service shall have a representative appointed by its president. In addition, there shall be two (2) members of the house of representatives appointed by the speaker, one of whom shall be a member of the minority party, and two (2) members of the senate appointed by the president of the senate, one of whom shall be a member of the minority party. Subject to the limitations of existing data and other resources, the committee shall undertake a thorough examination of all aspects of the states trauma system, including:  (1) A review of the current utilization of trauma services for each acute care hospital;  (2) A review of each hospitals trauma patient mix and mortality and morbidity rates for classes of patients;  (3) Hospital staffing patterns and likely future needs;  (4) The current financing of trauma care including the issue of uncompensated care and an examination of additional costs for system enhancement; and  (5) Pre-hospital care protocols and emergency medical services capabilities and integration needs.  History of Section.P.L. 1993, ch. 375,  1; P.L. 2001, ch. 180,  39. 
 23-4.1-16. Emergency medical services for children. (a) There is established within the department of health, division of emergency medical services (EMS), an emergency medical services for children (EMSC) program. The EMSC program, operated within the department of emergency medicine of Hasbro Childrens Hospital, shall be recognized by the department of health as a resource to the states overall emergency medical services system, in order to effect the provisions of this chapter. The objective and directive of the EMSC program shall be to continue, to the extent that funds through the federal government, state government or private sources are available for this purpose, the growth and development of those programs already in effect pursuant to the federal grant received under the maternal and child health bureau. The goal and objective of the program shall include, but shall not be limited to the following:  (1) To develop and implement new statewide EMS treatment protocols that emphasize pediatric emergency care, along with supporting EMT education and training programs;  (2) To develop programs for parents and communities, which shall:  (i) Identify and reduce barriers to emergency care for children;  (ii) Provide information relating to health promotion and injury prevention; and  (iii) Focus on recognition of emergencies, and improving access to and appropriate use of the local EMS systems; and  (3) The program shall also provide periodic case reviews and follow-up to EMS personnel in pediatric cases.  (b) The EMSC program may solicit, receive, and spend funds it receives from the federal government, state government or private sources to carry out the purposes of this chapter.  (c) The EMSC program may employ or contract with professional, technical, research, and clerical staff, and with health care facilities that have expertise in pediatric care, as necessary within the limits of available funding.  History of Section.P.L. 1997, ch. 120,  1; P.L. 2005, ch. 109,  1; P.L. 2005, ch. 163,  1. 
 23-4.1-17. Advertising services. Any licensee licensed pursuant to this chapter shall include in any advertising of its services that is directed to the general public, the following language: In case of medical emergency dial 911.  History of Section.P.L. 1997, ch. 294,  1. 
 23-4.1-18. Peer review boards  Definition, activities and immunities. (a) For the purposes of this chapter, peer review board means any committee of a state or local professional association or society, or any committee authorized by the director of the department of health, or a committee of any licensed emergency medical service employing practicing licensed emergency medical personnel, organized for the purpose of furnishing emergency medical services, the function of which, or one of the functions of which, is to evaluate and improve the quality of health care rendered by providers of health care service or to determine that health care services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health care services in the area.  (b) The proceedings and associated records of peer review boards shall not be subject to discovery or be admissible in evidence in any case except litigation arising out of the imposition of sanctions upon an emergency medical technician. However, any imposition or notice of a restriction of privileges, or a requirement of supervision imposed on an emergency medical technician for failure to comply with the provisions or standards of this chapter, and any regulations promulgated pursuant to  23-4.1-10, shall be subject to discovery and be admissible in any proceeding against the emergency medical technician for performing, or against any licensed emergency medical service which allows the emergency medical technician to perform, the procedures which are the subject of the restriction or supervision during the period of the restriction or supervision, or subsequent to that period. Nothing contained in this section shall apply to records made in the regular course of business by an emergency medical service or other provider of health care information. Documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented during the proceedings of the committee.  (c) There shall be no monetary liability on the part of, and no cause of action for damages shall arise, against any member of a duly appointed peer review board operated pursuant to written bylaws, for any act or proceeding undertaken or performed within the scope of the functions of any peer review board.  (d) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person on account of the communication of information to any peer review board or the department of health or the ambulance service advisory board, when the communication is intended to aid in the evaluation of the qualifications, fitness, or character of an emergency medical technician, and does not represent as true any matter not reasonably believed to be true.  (e) Any peer review processes authorized by statute and carried out in good faith shall have the benefit of the state action exemption to the state antitrust law.  History of Section.P.L. 2005, ch. 242,  1; P.L. 2005, ch. 245,  1. 
 23-4.1-19. Documentation of pre-healthcare facility exposure of emergency medical services workers. (a) Any emergency service worker responding on behalf of a licensed ambulance/rescue service, or a fire department or a law enforcement agency who has sufficient reason to believe that, in the course of their professional duties, they have been exposed to bodily fluids or other substances that may result in the worker contracting a serious infection and/or illness shall complete a pre-healthcare facility exposure form. The worker shall file a copy of the form with the hospital or freestanding emergency-care facility receiving the transported patient believed to be the source of the infectious materials to which the worker believes he or she has been exposed. The worker shall file the form with the hospital or freestanding emergency-care facility immediately post exposure. The worker shall retain a copy of the completed form, except for that information protected by applicable confidentiality laws. The source patients diagnostic information shall not appear on the pre-healthcare facility exposure form.  (b) The director of the department of health, with the advice of the ambulance services advisory board, shall develop the pre-healthcare facility exposure form, and shall make copies available to all agencies employing emergency medical service workers, hospitals and freestanding emergency-care facilities.  History of Section.P.L. 2006, ch. 224,  1; P.L. 2016, ch. 417,  2; P.L. 2016, ch. 418,  2. 
 23-4.1-2. Ambulance service coordinating advisory board. (a) The ambulance service coordinating advisory board is hereby created and shall consist of twenty-five (25) members appointed as set out in this section. The governor shall appoint the members of the board as follows: (1) One mayor, town administrator, town manager, or other municipal official recommended by the senate president; (2) Eight (8) practicing, licensed emergency medical technicians as follows: three (3) from a full-time, paid department, who shall be recommended from the Rhode Island State Association of Fire Fighters, IAFF, AFL-CIO; two (2) who are active E.M.S. administrators, one recommended by the Rhode Island Association of Fire Chiefs and one recommended by the Rhode Island State Firemens League from a volunteer fire department; and two (2) recommended by the speaker of the house and one recommended by the senate president; (3) One from the R.I. Hospital Association; (4) One from the R.I. Medical Society; (5) One from the R.I. chapter of the American College of Surgeons, committee on trauma; (6) One from the R.I. chapter of the American College of Emergency Physicians; (7) One from the Rhode Island chapter of the American Academy of Pediatrics; (8) Two (2) from a professional ambulance service; (9) Two (2) from the general public; (10) Two (2) from Providence county who are active members of a public ambulance service or fire department rescue squad unit, one from a full-time paid department and one from a volunteer department; (11) Four (4), one each from the counties of Kent, Newport, Bristol, and Washington, who shall be members of a public ambulance service or a fire department rescue squad; and (12) One certified, emergency nurse in current practice who is a member of the Emergency Room Nurses Association. The members of the board shall be chosen and shall hold office for five (5) years and until their respective successors are appointed and qualified. In the month of February in each year, the governor shall appoint successors to the members of the board whose terms shall expire in that year, to hold office until the first day of March in the fifth (5th) year after their appointment and until their respective successors are appointed and qualified. Any vacancy that may occur in the board shall be filled by appointment for the remainder of the unexpired term in the same manner as the original appointment. Each member may designate a representative to attend in his or her absence by notifying the chair prior to that meeting of the board. The board shall meet at least quarterly and to elect its officers annually.  (b) The division of emergency medical services of the department of health shall provide staff support to the board.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-2; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-2; P.L. 1979, ch. 378,  1; P.L. 1982, ch. 95,  1; P.L. 1983, ch. 281,  1; P.L. 1986, ch. 423,  1; P.L. 1987, ch. 189,  1; P.L. 2007, ch. 162,  1; P.L. 2007, ch. 278,  1; P.L. 2014, ch. 480,  1; P.L. 2014, ch. 516,  1; P.L. 2016, ch. 512, art. 1,  9; P.L. 2019, ch. 221,  1; P.L. 2019, ch. 258,  1. 
 23-4.1-3. Duties of the director. (a) The director of health, referred to as the director, shall have full authority to implement the provisions of this chapter and shall be guided by the purposes and intent of this chapter.  (b) The director shall cooperate with hospitals, furnishers of ambulance services, local governments, police departments, fire departments, emergency units, first aid groups, or any other groups that furnish or work with groups that furnish emergency medical services.  (c) The director shall cooperate with concerned agencies and individuals to coordinate programs for training emergency medical technicians, and other persons who provide emergency medical care services, including dispatchers. If funds are available, the director may establish training grants to aid groups and communities to train people in emergency medical care.  (d) The standards used by the director under this chapter shall be reasonable and based upon local and statewide conditions. However, the minimum standards imposed by the director may be the standards issued by any responsible organization having its main concern the disposition of injured persons.  (e) The director shall annually submit a report to the governor and the general assembly.  (f) The director shall cooperate in the coordination of ambulance services throughout the state with local or state police and fire authorities and other concerned agencies and individuals, including the state civil defense agency. This coordination may be tested by local exercises from time to time.  (g) The director shall cooperate with concerned agencies and individuals in the development of a state communications network involving the transportation of injured persons by vehicles licensed under this chapter and hospitals. The director may allocate available funds for the establishing and maintenance of a communications network involving vehicles, hospitals, and other emergency treating organizations within the state.  (h) The director shall cooperate with concerned agencies and individuals in the development of a plan for the coordination of ambulance dispatching services with the state.  (i) When proposing standards under this chapter, the director shall prepare and publish for the board a financial impact statement.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-3; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-3; P.L. 1979, ch. 378,  1; P.L. 1983, ch. 281,  1; P.L. 1987, ch. 189,  1; P.L. 1988, ch. 84,  20; P.L. 1990, ch. 363,  1; P.L. 2021, ch. 371,  1, effective July 13, 2021; P.L. 2021, ch. 372,  1, effective July 13, 2021. 
 23-4.1-4. Minimum standards. The director shall establish minimum standards to be met in the following areas: (1) Licensing;  (2) Vehicles;  (3) Equipment for vehicles;  (4) Personnel;  (5) Training;  (6) Communications;  (7) Cooperation with other units;  (8) Treatment of acutely ill or injured persons by ambulance and rescue personnel; and  (9) Financial capacity of private ambulance service providers.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-4; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-4; P.L. 1979, ch. 378,  1; P.L. 1982, ch. 95,  1; P.L. 1983, ch. 281,  1; P.L. 1987, ch. 189,  1; P.L. 2010, ch. 170,  1. 
 23-4.1-5. Supervision of ambulance services. The director is responsible for the statewide supervision of ambulance and rescue services and all equipment and persons coming under the provisions of this chapter.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-5; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-5; P.L. 1983, ch. 281,  1; P.L. 1987, ch. 189,  1. 
 23-4.1-6. Licensing of ambulances and ambulance service. (a) A person shall not engage in the business or service of the transportation of patients upon any public way of the state unless that person holds a license by the director of health for engaging in that business or service.  (b) A person shall not operate an ambulance on public ways in this state if the ambulance is not licensed by the director of health under this chapter.  (c) The director of health shall not issue or renew a license for an ambulance under this chapter unless the ambulance meets the minimum equipment standards established under this chapter.  (d) If a major emergency occurs and the licensed ambulances in the state are not sufficient to meet the needs to transport the injured or sick persons, the licensing provisions of this section do not apply during the period of the emergency.  (e)(1) If an ambulance is owned by a nonresident and is licensed as a motor vehicle in another state, it may be operated on the public ways of this state to transport patients who are picked up out of state and brought to treatment centers in the state, without the ambulance, its owners, the driver, the attendant, or the attendant drivers being licensed under this section.  (2) Also exempted are:  (i) Any motor vehicles or aircraft owned by or operated under the direct control of the United States;  (ii) Those hospital-based and owned vehicles and their attendants which are used solely for the transportation of non-emergency patients to and from other institutions for the purpose of therapy and/or other medical treatment and services of a non-emergency nature; and  (iii) Those private ambulance and service companies and their attendants which are used solely for the transportation of non-emergency patients; provided, however, that those private ambulance and service companies annually attest to the ambulance service coordinating board the fact that the ambulance or service companies are not engaged in the transportation of emergency patients.  (f) Any change of ownership of a licensed ambulance or of a business or service engaged in the transportation of patients ends the license concerned. Upon a change of ownership, the director of health shall issue a ninety (90) day temporary license upon the application of the new owner for a current license.  (g) All persons engaged in the business or service of the transportation of patients on any public ways in the state, all person operating an ambulance for ambulance purposes on any public way in the state, and all ambulances operated on public ways in this state shall conform to the minimum standards set by regulations issued under the authority of this chapter.  (h) If there is a hardship imposed on any applicant for a license because of an unusual circumstance, the applicant may apply to the director for a temporary waiver of the licensing provisions of this section for good cause shown. The director has the power to waive licensing provisions for a period not to exceed ninety (90) days.  History of Section.P.L. 1974, ch. 264,  1; P.L. 1975, ch. 125,  1; G.L. 1956,  23-52-6; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-6; P.L. 1983, ch. 281,  1. 
 23-4.1-7.1. Restocking of municipal ambulance supplies. (a) The director of health, with the cooperation of hospitals and freestanding emergency-care facilities licensed in accordance with chapter 17 of this title, will develop a listing of supplies that are subject to mandatory restocking in accordance with subsection (b).  (b) Every hospital and freestanding emergency-care facility licensed in accordance with chapter 17 of this title is required to restock supplies listed in accordance with subsection (a) that are used by a licensed, emergency-medical-services provider in transporting emergency patients to hospitals or freestanding emergency-care facilities licensed in accordance with chapter 17 of this title. Restocking will not be required:  (1) In the absence of documentation of supply usage on the emergency patients RI EMS ambulance run report; or  (2) If the licensed, emergency-medical-services provider bills any third-party payer for the supplies that were used.  History of Section.P.L. 1998, ch. 336,  1; P.L. 2001, ch. 292,  1; P.L. 2016, ch. 417,  2; P.L. 2016, ch. 418,  2. 
 23-4.1-7. Standards for ambulance license. The director of health shall issue regulations to govern the standards of suitability of ambulances for the transportation of patients from the standpoint of health, sanitation, safety, communications, maintenance, on-board medical equipment, safety equipment, extraction equipment, ambulance markings, garaging conditions, and care and condition of the ambulance and its equipment, and to govern minimum financial capacity of private ambulance service providers.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-7; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-7; P.L. 1983, ch. 281,  1; P.L. 1987, ch. 189,  1; P.L. 2010, ch. 170,  1. 
 23-4.1-8. Applications for license. (a) Any person, firm, partnership, corporation, municipality, volunteer units, or any other business or organization providing ambulance service shall, at the time of license application, furnish the director of health with a list of all persons authorized to act as an attendant of any ambulance owned or operated by the applicant. Further, all applicants shall submit to the director the person who shall serve as the emergency medical service physician medical director (the physician medical director). The physician medical director shall be a physician board-certified or board-eligible in emergency medicine and/or E.M.S. The physician medical director must have an active Rhode Island license to practice medicine. The ambulance service coordinating advisory board shall establish standards for the duties and responsibilities of the physician medical director.  (b) The director shall provide application forms for licenses under this section.  (c) Subject to the approval of the board, the director shall make reasonable minimum standards of health, performance, fitness, education, and moral fitness. The director may use the guides established by the American College of Surgeons Board of Regents as a standard, except that a felony conviction shall not necessarily disqualify an attendant.  (d) Each applicant shall hold a current certificate of completion of either:  (1) An emergency medical responder course;  (2) An emergency medical technician course;  (3) An advanced emergency medical technician course;  (4) An advanced emergency medical technician-cardiac course; or  (5) A paramedic course.  These courses shall be approved by the board. The certificate needed shall be decided by the person, firm, partnership, corporation, municipality, or any other business or organization providing ambulance service employing the individual licensee or in the case of a volunteer unit the unit for whom the individual licensee is volunteering for.  (e) If there is a hardship imposed upon any applicant for a license because of an unusual circumstance, the applicant may apply to the director for a temporary waiver of the licensing provisions for good cause shown. The director has the power to waive licensing provisions for a period not to exceed ninety (90) days.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-8; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-8; P.L. 1983, ch. 281,  1; P.L. 2021, ch. 371,  1, effective July 13, 2021; P.L. 2021, ch. 372,  1, effective July 13, 2021. 
 23-4.1-9. Revocation of license. (a) Any license granted under this chapter may be suspended or revoked by the director for cause, after a hearing. Appeal from a decision of the director may be taken pursuant to the Administrative Procedures Act, chapter 35 of title 42.  (b) Cause for suspension or revocation of a license is failure to comply with any of the provisions or standards of this chapter or of any regulations of the director issued under authority of this chapter. All inspection reports are rebuttable evidence of the facts or conclusions stated in them as to the compliance or noncompliance with the pertinent laws or regulations involved in the licensing.  (c) Before suspending or revoking a license, the director shall give the licensee notice of the particular charge of violation against him or her.  (d) If the licensee fails to correct the deficiencies charged against him or her, or fails to comply with the law or regulations to the satisfaction of the director, the director shall notify the licensee of the charges against him or her, and the time and place of the hearing on the charges. The director shall set a reasonable time to allow a proper defense against the charges. The licensee may be represented by counsel, and may present witnesses in his or her behalf. The director shall issue a written decision, which shall include findings of fact. The decision shall be sent to the licensee by registered mail within ten (10) days of the decision.  (e) If any license is suspended or revoked, the holder shall immediately stop all operations authorized by the license.  History of Section.P.L. 1974, ch. 264,  1; G.L. 1956,  23-52-9; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.1-9; P.L. 1983, ch. 281,  1; P.L. 1987, ch. 189,  1. 
 23-4.10-1.1. Definitions. The following definitions govern the construction of this chapter: (1) Advance directive protocol means a standardized, state-wide method developed for emergency service personnel by the department of health and approved by the ambulance service advisory board, of providing palliative care to, and withholding life-sustaining procedures from, a qualified patient.  (2) Artificial feeding means the provision of nutrition or hydration by parenteral, nasogastric, gastric, or any means other than through per oral voluntary sustenance.  (3) Attending physician means the physician who has primary responsibility for the treatment and care of the patient.  (4) Director means the director of health.  (5) Durable power of attorney means a witnessed document executed in accordance with the requirements of  23-4.10-2.  (6) Emergency medical services personnel means paid or volunteer firefighters, law enforcement officers, first responders, emergency medical technicians, or other emergency services personnel acting within the ordinary course of their professions.  (7) Health-care provider means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.  (8) Life-sustaining procedure means any medical procedure or intervention that, when administered to a patient, will serve only to prolong the dying process. Life-sustaining procedure shall not include any medical procedure or intervention considered necessary by the attending physician or emergency service personnel to provide comfort, care, or alleviate pain.  (9) Person means an individual, corporation, business trust, estate, trust, partnership, association, government, governmental subdivision or agency, or any other legal entity.  (10) Physician and/or doctor means an individual licensed to practice medicine in this state.  (11) Terminal condition means an incurable or irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of the attending physician, result in death.  History of Section.P.L. 1992, ch. 443,  2; P.L. 1993, ch. 72,  1; P.L. 2001, ch. 140,  1; P.L. 2001, ch. 320,  1. 
 23-4.10-1. Purpose. (a) The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own medical care.  (b) In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions about themselves, the legislature declares that the laws of the state shall recognize the right of an adult person to make a written durable power of attorney which might include instructing his or her physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition.  History of Section.P.L. 1992, ch. 443,  2; P.L. 1993, ch. 72,  1. 
 23-4.10-10. Presumption of validity of durable power of attorney. A physician or health care provider or emergency medical services personnel may presume, in the absence of actual notice to the contrary, that a durable power of attorney complies with the requirements of this chapter and is valid.  History of Section.P.L. 1992, ch. 443,  2. 
 23-4.10-11. Recognition of durable power of attorney executed in another state. A durable power of attorney executed in another state in compliance with the law of that state is validly executed for purposes of this chapter.  History of Section.P.L. 1992, ch. 443,  2. 
 23-4.10-12. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.  History of Section.P.L. 1992, ch. 443,  2. 
 23-4.10-2. Statutory form of durable power of attorney. The statutory form of durable power of attorney is as follows:  STATUTORY FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE WARNING TO PERSON EXECUTING THIS DOCUMENT This is an important legal document which is authorized by the general laws of this state. Before executing this document, you should know these important facts:  You must be at least eighteen (18) years of age and a resident of the state for this document to be legally valid and binding.  This document gives the person you designate as your agent (the attorney in fact) the power to make health care decisions for you. Your agent must act consistently with your desires as stated in this document or otherwise made known.  Except as you otherwise specify in this document, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive.  Notwithstanding this document, you have the right to make medical and other health care decisions for yourself so long as you can give informed consent with respect to the particular decision. In addition, no treatment may be given to you over your objection at the time, and health care necessary to keep you alive may not be stopped or withheld if you object at the time.  This document gives your agent authority to consent, to refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition. This power is subject to any statement of your desires and any limitation that you include in this document. You may state in this document any types of treatment that you do not desire. In addition, a court can take away the power of your agent to make health care decisions for you if your agent:  (1) Authorizes anything that is illegal, (2) Acts contrary to your known desires, or (3) Where your desires are not known, does anything that is clearly contrary to your best interests.  Unless you specify a specific period, this power will exist until you revoke it. Your agents power and authority ceases upon your death except to inform your family or next of kin of your desire, if any, to be an organ and tissue owner.  You have the right to revoke the authority of your agent by notifying your agent or your treating doctor, hospital, or other health care provider orally or in writing of the revocation.  Your agent has the right to examine your medical records and to consent to their disclosure unless you limit this right in this document.  This document revokes any prior durable power of attorney for health care. You should carefully read and follow the witnessing procedure described at the end of this form. This document will not be valid unless you comply with the witnessing procedure.  If there is anything in this document that you do not understand, you should ask a lawyer to explain it to you.  Your agent may need this document immediately in case of an emergency that requires a decision concerning your health care. Either keep this document where it is immediately available to your agent and alternate agents or give each of them an executed copy of this document. You may also want to give your doctor an executed copy of this document.  (1) DESIGNATION OF HEALTH CARE AGENT. I, _________________________________________  _________________________________________  _________________________________________   (insert your name and address)  do hereby designate and appoint: _________________________________________  _________________________________________  (insert name, address, and telephone number of one individual only as your agent to make health care decisions for you. None of the following may be designated as your agent: (1) your treating health care provider, (2) a nonrelative employee of your treating health care provider, (3) an operator of a community care facility, or (4) a nonrelative employee of an operator of a community care facility.) as my attorney in fact (agent) to make health care decisions for me as authorized in this document. For the purposes of this document, health care decision means consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat an individuals physical or mental condition.  (2) CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE. By this document I intend to create a durable power of attorney for health care.  (3) GENERAL STATEMENT OF AUTHORITY GRANTED. Subject to any limitations in this document, I hereby grant to my agent full power and authority to make health care decisions for me to the same extent that I could make such decisions for myself if I had the capacity to do so. In exercising this authority, my agent shall make health care decisions that are consistent with my desires as stated in this document or otherwise made known to my agent, including, but not limited to, my desires concerning obtaining or refusing or withdrawing life-prolonging care, treatment, services, and procedures and informing my family or next of kin of my desire, if any, to be an organ or tissue donor.  (If you want to limit the authority of your agent to make health care decisions for you, you can state the limitations in paragraph (4) (Statement of Desires, Special Provisions, and Limitations) below. You can indicate your desires by including a statement of your desires in the same paragraph.)  (4) STATEMENT OF DESIRES, SPECIAL PROVISIONS, AND LIMITATIONS. (Your agent must make health care decisions that are consistent with your known desires. You can, but are not required to, state your desires in the space provided below. You should consider whether you want to include a statement of your desires concerning life-prolonging care, treatment, services, and procedures. You can also include a statement of your desires concerning other matters relating to your health care. You can also make your desires known to your agent by discussing your desires with your agent or by some other means. If there are any types of treatment that you do not want to be used, you should state them in the space below. If you want to limit in any other way the authority given your agent by this document, you should state the limits in the space below. If you do not state any limits, your agent will have broad powers to make health care decisions for you, except to the extent that there are limits provided by law.)  In exercising the authority under this durable power of attorney for health care, my agent shall act consistently with my desires as stated below and is subject to the special provisions and limitations stated below:  (a) Statement of desires concerning life-prolonging care, treatment, services, and procedures: _________________________________________  _________________________________________  _________________________________________  _________________________________________  _________________________________________  _________________________________________  _________________________________________  _________________________________________  (b) Additional statement of desires, special provisions, and limitations regarding health care decisions:  _________________________________________  _________________________________________  _________________________________________  _________________________________________  _________________________________________  _________________________________________  _________________________________________  _________________________________________  (c) Statement of desire regarding organ and tissue donation: Initial if applicable: [ ] In the event of my death, I request that my agent inform my family/next of kin of my desire to be an organ and tissue donor, if possible.  (You may attach additional pages if you need more space to complete your statement. If you attach additional pages, you must date and sign EACH of the additional pages at the same time you date and sign this document.)  (5) INSPECTION AND DISCLOSURE OF INFORMATION RELATING TO MY PHYSICAL OR MENTAL HEALTH. Subject to any limitations in this document, my agent has the power and authority to do all of the following:  (a) Request, review, and receive any information, verbal or written, regarding my physical or mental health, including, but not limited to, medical and hospital records.  (b) Execute on my behalf any releases or other documents that may be required in order to obtain this information.  (c) Consent to the disclosure of this information. (If you want to limit the authority of your agent to receive and disclose information relating to your health, you must state the limitations in paragraph (4) (Statement of desires, special provisions, and limitations) above.)  (6) SIGNING DOCUMENTS, WAIVERS, AND RELEASES. Where necessary to implement the health care decisions that my agent is authorized by this document to make, my agent has the power and authority to execute on my behalf all of the following:  (a) Documents titled or purporting to be a Refusal to Permit Treatment and Leaving Hospital Against Medical Advice.  (b) Any necessary waiver or release from liability required by a hospital or physician. (7) DURATION. (Unless you specify a shorter period in the space below, this power of attorney will exist until it is revoked.)  This durable power of attorney for health care expires on _________________________________________  (Fill in this space ONLY if you want the authority of your agent to end on a specific date.)  (8) DESIGNATION OF ALTERNATE AGENTS. (You are not required to designate any alternate agents but you may do so. Any alternate agent you designate will be able to make the same health care decisions as the agent you designated in paragraph (1), above, in the event that agent is unable or ineligible to act as your agent. If the agent you designated is your spouse, he or she becomes ineligible to act as your agent if your marriage is dissolved.)  If the person designated as my agent in paragraph (1) is not available or becomes ineligible to act as my agent to make a health care decision for me or loses the mental capacity to make health care decisions for me, or if I revoke that persons appointment or authority to act as my agent to make health care decisions for me, then I designate and appoint the following persons to serve as my agent to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:  (A) First Alternate Agent: _________________________________________  _________________________________________  (Insert name, address, and telephone number of first alternate agent.) (B) Second Alternate Agent: _________________________________________  _________________________________________  (Insert name, address, and telephone number of second alternate agent.) (9) PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.  DATE AND SIGNATURE OF PRINCIPAL (YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY) I sign my name to this Statutory Form Durable Power of Attorney for Health Care on _________ at _________________________________________   (Date) (City) _______________   (State)_______________ (You sign here) (THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS IT IS SIGNED BY ONE NOTARY PUBLIC OR TWO (2) QUALIFIED WITNESSES WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE. IF YOU HAVE ATTACHED ANY ADDITIONAL PAGES TO THIS FORM, YOU MUST DATE AND SIGN EACH OF THE ADDITIONAL PAGES AT THE SAME TIME YOU DATE AND SIGN THIS POWER OF ATTORNEY.)  STATEMENT OF WITNESSES (This document must be witnessed by two (2) qualified adult witnesses or one (1) notary public. None of the following may be used as a witness:  (1) A person you designate as your agent or alternate agent, (2) A health care provider, (3) An employee of a health care provider, (4) The operator of a community care facility, (5) An employee of an operator of a community care facility. I declare under penalty of perjury that the person who signed or acknowledged this document is personally known to me to be the principal, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as attorney in fact by this document, and that I am not a health care provider, an employee of a health care provider, the operator of a community care facility, nor an employee of an operator of a community care facility.  Option 1  Two (2) Qualified Witnesses: Signature: _________________________________________ Residence Address: ________  Print Name: _________________________________________ _________________  Date: _________________________________________ _________________  Signature: _________________________________________ Residence Address: ________  Print Name: _________________________________________ _________________  Date: _________________________________________ _________________  Option 2  One Notary Public Signature: __________________ , Notary Public Print Name: __________________  Date: _____________  My commission expires on: ______________  (AT LEAST ONE OF THE ABOVE WITNESSES OR THE NOTARY PUBLIC MUST ALSO SIGN THE FOLLOWING DECLARATION.)  I further declare under penalty of perjury that I am not related to the principal by blood, marriage, or adoption, and, to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.  Signature: _________________________________________  Print Name: _________________________________________   History of Section.P.L. 1986, ch. 190,  1; P.L. 1989, ch. 291,  1; P.L. 2000, ch. 261,  1; P.L. 2002, ch. 334,  1; P.L. 2006, ch. 604,  1. 
 23-4.10-3. Revocation. (a) A durable power of attorney may be revoked at any time and in any manner by which the declarant is able to communicate an intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician or any health care provider or emergency medical services personnel upon communication to that physician or health care provider or emergency medical services personnel by the declarant or by another who witnessed the revocation.  (b) The attending physician or health care provider shall make the revocation a part of the declarants medical record.  (c) For emergency medical services personnel, the absence of reliable documentation shall constitute a revocation of a durable power of attorney.  History of Section.P.L. 1992, ch. 443,  2. 
 23-4.10-4. Recording contents of durable power of attorney. The attending physician who had knowledge of the existence of a durable power of attorney shall note in the medical record the existence of the durable power of attorney. In the instance where the durable power of attorney includes a DNR (do not resuscitate) order, that should also be entered into the medical record.  History of Section.P.L. 1992, ch. 443,  2; P.L. 1993, ch. 72,  1. 
 23-4.10-5. Treatment of patients. (a) A patient has the right to make decisions regarding use of life sustaining procedures as long as the patient is able to do so. If a patient is not able to make those decisions, the durable power of attorney governs decisions regarding use of life sustaining procedures.  (b) This chapter does not prohibit any action considered necessary by the attending physician, health care provider, or emergency medical services personnel for comfort, care, or alleviation of pain.  (c) The durable power of attorney of a patient known to the attending physician to be pregnant shall be given no force or effect as long as it is probable that the fetus could develop to the point of live birth with continued application of life sustaining procedures.  History of Section.P.L. 1992, ch. 443,  2; P.L. 1993, ch. 72,  1. 
 23-4.10-6. Transfer of patients. An attending physician or health-care provider who refuses to comply with the durable power of attorney of a patient pursuant to this chapter shall make the necessary arrangements to effect the transfer of the patient to another physician who will effectuate the durable power of attorney of the patient.  History of Section.P.L. 1992, ch. 443,  2; P.L. 1993, ch. 72,  1. 
 23-4.10-7. Immunities. (a) In the absence of actual notice of the revocation of a durable power of attorney, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or charges of unprofessional conduct:  (1) A physician who acts pursuant to the terms of a durable power of attorney or at the direction of the agent so designated by a durable power of attorney.  (2) A person who acts under the direction or with the authorization of a physician.  (3) The health-care provider owning or operating the facility in which the terms of durable power of attorney are implemented.  (4) Emergency medical services personnel who act pursuant to an advanced directive protocol.  (5) Emergency medical services personnel who proceed to provide life-sustaining treatment to a patient pursuant to a revocation communicated to them.  (6) An agent acting in accordance with a valid durable power of attorney.  (b) A physician is not subject to civil or criminal liability for actions under this chapter which are in accordance with reasonable medical standards.  History of Section.P.L. 1992, ch. 443,  2; P.L. 1993, ch. 72,  1; P.L. 1993, ch. 422,  5; P.L. 1994, ch. 14,  5. 
 23-4.10-8. Penalties. (a) Failure of a physician to transfer a patient pursuant to  23-4.10-6 shall constitute unprofessional conduct as that term is used in  5-37-5.1.  (b) Any person who willfully conceals, cancels, defaces, or obliterates the durable power of attorney of another absent the declarants consent or direction or who falsifies or forges a revocation of the durable power of attorney of another shall be imprisoned for no less than six (6) months but no more than one year, or shall be fined not less than two thousand dollars ($2,000) but no more than five thousand dollars ($5,000).  (c) Any person who falsifies or forges the durable power of attorney of another, or willfully conceals or withholds personal knowledge of a revocation as provided in  23-4.10-3 with the intent to cause a withholding or withdrawal of life sustaining procedures, shall be imprisoned for no less than one year but no more than five (5) years, or shall be fined not less than five thousand dollars ($5,000) but no more than ten thousand dollars ($10,000).  (d) In addition to the sanctions and/or penalties previously mentioned in this section, any physician or person referred to in this section or in violation of this section, shall be civilly liable.  History of Section.P.L. 1992, ch. 443,  2; P.L. 1993, ch. 72,  1. 
 23-4.10-9. General provisions. (a) Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to a durable power of attorney and in accordance with this chapter does not constitute, for any purpose, a suicide or homicide.  (b) The making of a durable power of attorney pursuant to  23-4.10-3 does not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor does it modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary.  (c) A person may not prohibit or require the execution of a durable power of attorney as a condition for being insured for, or receiving, health care services.  (d) This chapter creates no presumption concerning the intention of an individual who has revoked or has not executed a durable power of attorney with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition.  (e) This chapter does not increase or decrease the right of a patient to make decisions regarding use of life-sustaining procedures so long as the patient is able to do so, or impair or supersede any right or responsibility that any person has to effect the withholding or withdrawal of medical care.  (f) This chapter does not condone, authorize, or approve mercy-killing or euthanasia.  History of Section.P.L. 1992, ch. 443,  2. 
 23-4.11-1. Purpose. (a) The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own medical care, including the decision to have life sustaining procedures withheld or withdrawn in instances of a terminal condition.  (b) In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions about themselves, the legislature declares that the laws of the state shall recognize the right of an adult person to make a written declaration instructing his or her physician to withhold or withdraw life sustaining procedures in the event of a terminal condition.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1. 
 23-4.11-10. General provisions. (a) Death resulting from the withholding or withdrawal of life sustaining procedures pursuant to a declaration and in accordance with this chapter does not constitute, for any purpose, a suicide or homicide.  (b) The making of a declaration pursuant to  23-4.11-3 does not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor does it modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of life sustaining procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary.  (c) A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health care services.  (d) This chapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding or withdrawal of life sustaining procedures in the event of a terminal condition.  (e) This chapter does not increase or decrease the right of a patient to make decisions regarding use of life sustaining procedures so long as the patient is able to do so, or impair or supersede any right or responsibility that any person has to effect the withholding or withdrawal of medical care.  (f) This chapter does not condone, authorize, or approve mercy killing or euthanasia.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1; P.L. 1992, ch. 443,  3. 
 23-4.11-11. Presumption of validity of declaration. A physician or health care provider or emergency medical services personnel may presume, in the absence of actual notice to the contrary, that a declaration complies with the requirements of this chapter and is valid.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1; P.L. 1992, ch. 443,  3. 
 23-4.11-12. Recognition of declaration executed in another state. A declaration executed in another state in compliance with the law of that state is validly executed for purposes of this chapter.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1. 
 23-4.11-13. Repealed.
 23-4.11-14. Instructional bracelets. (a) Upon the request of a physician, acting on behalf of a qualified patient who does not wish to be resuscitated, the department of health shall issue a nontransferable, nonremovable bracelet to a specific qualified patient, which will be marked DNR, meaning do not resuscitate. The bracelet shall also bear the name and address of the patient and the name, address, license number and signature of the physician who has ordered the bracelet to be affixed to the patients wrist.  (b) If it appears that the bracelet has been tampered with, or has been removed, any physician or emergency medical personnel shall not follow the instructions of the bracelet or former bracelet and may resuscitate the patient.  (c) All bracelets issued by the department of health pursuant to this section shall be registered with the fire department for the city or town in which the patient resides.  (d) The director of the department of health is empowered and directed to promulgate reasonable rules and regulations consistent with this chapter to carry out the purposes of this section.  History of Section.P.L. 1992, ch. 443,  4; P.L. 2001, ch. 291,  1. 
 23-4.11-15. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.  History of Section.P.L. 2001, ch. 86,  67. 
 23-4.11-2. Definitions. The following definitions govern the construction of this chapter: (1) Advance directive protocol means a standardized, state-wide method developed for emergency medical services personnel by the department of health and approved by the ambulance service advisory board, of providing palliative care to, and withholding life-sustaining procedures from, a qualified patient.  (2) Artificial feeding means the provision of nutrition or hydration by parenteral, nasogastric, gastric or any means other than through per oral voluntary sustenance.  (3) Attending physician means the physician who has primary responsibility for the treatment and care of the patient.  (4) Declaration means a witnessed document executed in accordance with the requirements of  23-4.11-3 or  23-4.11-3.1.  (5) Director means the director of health.  (6) Emergency medical services personnel means paid or volunteer firefighters, law enforcement officers, first responders, emergency medical technicians, or other emergency services personnel acting within the ordinary course of their professions.  (7) Healthcare decision maker means a person authorized by law or by the qualified patient to make healthcare decisions for the qualified patient. The qualified patient may revoke at any time and in any manner the appointment of a healthcare decision maker.  (8) Healthcare provider means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.  (9) Life sustaining procedure means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the dying process. Life sustaining procedure shall not include any medical procedure or intervention considered necessary by the attending physician to provide comfort and care or alleviate pain.  (10) Medical orders for life sustaining treatment or MOLST means a voluntary request that directs a healthcare provider regarding resuscitative and life-sustaining measures.  (11) Medical orders for life sustaining treatment form or MOLST Form means a document which directs healthcare providers regarding resuscitative and life-sustaining measures.  (12) MOLST qualified healthcare provider means the physician, registered nurse practitioner, or physician assistant who is authorized by the patient to sign a MOLST form.  (13) Physician assistant shall mean a person licensed as a physician assistant under chapter 54 of title 5.  (14) Person means an individual, corporation, business trust, estate, trust, partnership, association, government, governmental subdivision or agency, or any other legal entity.  (15) Physician means an individual licensed to practice medicine under  5-37-1(13).  (16) Qualified patient means a patient who has executed a declaration in accordance with this chapter and who has been determined by the attending physician to be in a terminal condition.  (17) Registered nurse practitioner shall mean a person licensed as such under chapter 34 of title 5.  (18) Reliable documentation means a standardized, state-wide form of identification such as a nontransferable necklace or bracelet of uniform design, adopted by the director of health, with consultation from the local community emergency medical services agencies and licensed hospice and home health agencies, that signifies and certifies that a valid and current declaration is on file and that the individual is a qualified patient.  (19) Request regarding resuscitative and life sustaining measures means a written document, signed by:  (i) A qualified patient with capacity, or a recognized healthcare decision maker; and  (ii) The MOLST qualified healthcare provider, which directs a healthcare provider regarding resuscitative and life sustaining measures. Such a request regarding resuscitative and life sustaining measures is a medical order.  (20) Terminal condition means an incurable or irreversible condition that, without the administration of life sustaining procedures, will, in the opinion of the attending physician, result in death.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1; P.L. 1992, ch. 324,  5; P.L. 1992, ch. 443,  3; P.L. 1998, ch. 337,  1; P.L. 2012, ch. 187,  1; P.L. 2012, ch. 199,  1. 
 23-4.11-3.1. Medical orders for life sustaining treatment. (a) The department of health shall establish rules and regulations, consistent with the provisions of this section, for the establishment of Medical Orders for Life Sustaining Treatment and the structure and content of Medical Orders for Life Sustaining Treatment forms.  (b)(1) A declaration by a qualified patient may be recorded as a medical order for life-sustaining treatment provided that:  (i) The medical orders for life-sustaining treatment and medical intervention and procedures are explained by a MOLST qualified healthcare provider to the qualified patient or healthcare decision maker. The MOLST qualified healthcare provider shall further inform the patient of the difference between an advance healthcare directive and MOLST medical order;  (ii) A MOLST qualified healthcare provider has conducted an evaluation of the qualified patient; and  (iii) A MOLST form documenting the declaration has been completed by a MOLST qualified healthcare provider based on qualified patient preferences and medical appropriateness, and has been signed by a MOLST qualified healthcare provider and the qualified patient or his or her recognized healthcare decision maker.  (2) A healthcare decision maker may execute the MOLST form if the qualified patient lacks capacity, or if the qualified patient has designated that the healthcare decision makers authority is valid.  (3) A request regarding resuscitative measures may also be evidenced by the words do not resuscitate or the letters DNR, in a qualified patients medical record and/or through a mechanism established by the department of health consistent with the provisions of chapter 23-4.11.  (c)(1) A healthcare provider shall treat a qualified patient in accordance with the qualified patients MOLST, subject to the provisions of this chapter.  (2) A MOLST qualified healthcare provider may conduct an evaluation of the qualified patient and if necessary, in consultation with the qualified patient or recognized healthcare decision maker, issue a new MOLST consistent with the most current information available about the qualified patients health status and care preferences.  (3) The recognized healthcare decision maker of a qualified patient who is without capacity shall consult with the MOLST qualified healthcare provider prior to making a request to modify the qualified patients MOLST.  (d)(1) MOLST Form. A MOLST shall be documented on an easily identifiable form approved by the director. The director shall promulgate rules and regulations for the implementation of this section.  (2) The MOLST form shall be signed by the qualified patient, or the qualified patients recognized healthcare decision maker, and a MOLST qualified healthcare provider.  (3) The MOLST form shall contain all other information as required by this section.  (e)(1) A MOLST shall apply regardless of whether the qualified patient executes the MOLST form within or outside a hospital or other healthcare setting.  (2) The MOLST form is valid within or outside a hospital or other healthcare setting.  (f)(1) Revocation. A qualified patient or his/her recognized healthcare decision maker may, at any time, revoke in any manner that communicates an intent to revoke his/her declaration by informing the MOLST qualified healthcare providers, other healthcare providers, or any member of the medical or nursing staff of the revocation of the declaration concerning life-sustaining or resuscitative measures.  (2) Any member of the medical or nursing staff informed of a revocation shall immediately notify a MOLST qualified healthcare provider of the revocation.  (3) The MOLST qualified healthcare provider informed of a revocation of MOLST made pursuant to this section shall immediately:  (i) Record the revocation in the qualified patients medical record;  (ii) Cancel any orders implementing the decision to withhold or withdraw treatment; and  (iii) Notify the healthcare providers and staff directly responsible for the qualified patients care of the revocation and any cancellations.  (4) If a decision to withhold or withdraw life-sustaining treatment has been made by a recognized healthcare decision maker pursuant to this section, and the MOLST qualified healthcare provider determines at any time that the decision is no longer appropriate or authorized because the qualified patient has regained decision-making capacity or because the qualified patients condition has otherwise improved, the MOLST qualified healthcare provider shall immediately:  (i) Include such determination in the qualified patients medical record;  (ii) Cancel any orders or plans of care implementing the decision to withhold or withdraw life-sustaining treatment;  (iii) Notify the healthcare decision maker who made the decision to withhold or withdraw treatment; and  (iv) Notify the other healthcare providers, including the medical and nursing staff directly responsible for the qualified patients care, of any cancelled MOLST orders or plans of care.  (g) If a qualified patient with a MOLST order is transferred from a hospital, a licensed health facility, or the community, the MOLST order or plan shall remain effective until a MOLST qualified healthcare provider first examines the transferred qualified patient, whereupon a MOLST qualified healthcare provider shall issue appropriate orders to continue the prior order or plan. Such orders may be issued without obtaining another consent to withhold or withdraw life-sustaining treatment pursuant to this chapter.  (h) The MOLST is a voluntary option for qualified patients. No patient is required to elect a MOLST.  History of Section.P.L. 2012, ch. 187,  2; P.L. 2012, ch. 199,  2; P.L. 2013, ch. 501,  4. 
 23-4.11-3. Declaration relating to use of life sustaining procedures. (a) A competent individual eighteen (18) years of age or older may at any time execute a declaration governing the withholding or withdrawal of life sustaining procedures. The declaration must be signed by the declarant, or another at the declarants direction in the presence of two (2) subscribing witnesses who are not related to the declarant by blood or marriage.  (b) A physician or other health care provider who is provided a copy of the declaration shall make it a part of the declarants medical record.  (c) A declaration has operative effect only when:  (1) The declaration is communicated to the attending physician;  (2) The declarant is determined by the attending physician to be in a terminal condition; and  (3) The declarant is unable to make treatment decisions.  (d) A declaration may, but need not, be in the following form:   DECLARATION I, _____________ , being of sound mind willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below, do hereby declare:  If I should have an incurable or irreversible condition that will cause my death and if I am unable to make decisions regarding my medical treatment, I direct my attending physician to withhold or withdraw procedures that merely prolong the dying process and are not necessary to my comfort, or to alleviate pain.  This authorization includes ( ) does not include ( ) the withholding or withdrawal of artificial feeding (check only one box above).  Signed this _____ day of _________ , _______ ._______________ Signature _______________ Address The declarant is personally known to me and voluntarily signed this document in my presence.  _________________________________________ _________________________________________   Witness Witness  _________________________________________ _________________________________________   Address Address   History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1; P.L. 2001, ch. 140,  2; P.L. 2001, ch. 320,  2. 
 23-4.11-4. Revocation of declaration. (a)(1) A declaration may be revoked at any time and in any manner by which the declarant is able to communicate an intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician or any health care provider upon communication to that physician or health care provider by the declarant or by another who witnessed the revocation.  (2) The attending physician or health care provider shall make the revocation a part of the declarants medical record.  (3) If there is an inconsistency between a declaration executed pursuant to this chapter and a durable health care power of attorney executed pursuant to chapter 4.10 of this title, both of which have been executed by the same person, the latter executed document shall control as to any inconsistent provision.  (4) For emergency medical services personnel, absence of reliable documentation as defined in  23-4.11-2(6) shall constitute a revocation of the declaration.  (b) A revocation is only effective as to the attending physician or any health care provider or emergency medical services personnel upon communication to that physician health care provider or emergency medical services personnel by the declarant or by another who witnessed the revocation.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1; P.L. 1992, ch. 443,  3. 
 23-4.11-5. Recording determination of terminal condition and contents of declaration. Upon determining that the declarant is in a terminal condition, the attending physician who has notice of a declaration shall record the determination and the substance of the declaration in the declarants medical record.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1. 
 23-4.11-6. Treatment of qualified patients. (a) A qualified patient has the right to make decisions regarding use of life sustaining procedures as long as the patient is able to do so. If a qualified patient is not able to make those decisions, the declaration governs decisions regarding use of life sustaining procedures.  (b) This chapter does not prohibit any action considered necessary by the attending physician for comfort and care or alleviation of pain.  (c) The declaration of a qualified patient known to the attending physician to be pregnant shall be given no force or effect as long as it is probable that the fetus could develop to the point of live birth with continued application of life sustaining procedures.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1; P.L. 1992, ch. 324,  5. 
 23-4.11-7. Transfer of patients. An attending physician or health care provider who refuses to comply with the declaration of a qualified patient pursuant to this chapter shall make the necessary arrangements to effect the transfer of the qualified patient to another physician who will effectuate the declaration of the qualified patient.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1. 
 23-4.11-8. Immunities. (a) In the absence of actual notice of the revocation of a declaration, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or charges of unprofessional conduct:  (1) A physician who causes the withholding or withdrawal of life sustaining procedures from a qualified patient.  (2) A person who participates in the withholding or withdrawal of life sustaining procedures under the direction or with the authorization of a physician.  (3) The health care provider owning or operating the facility in which the withholding or withdrawal occurs.  (4) Emergency medical services personnel who cause or participate in the withholding or withdrawal of life-sustaining procedures under the direction of or with the authorization of a physician or who on receipt of reliable documentation follow an advance directive protocol.  (5) Emergency medical services personnel who proceed to provide life-sustaining treatment to a qualified patient pursuant to a revocation communicated to them.  (b) A physician is not subject to civil or criminal liability for actions under this chapter which are in accordance with reasonable medical standards.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1; P.L. 1992, ch. 443,  3. 
 23-4.11-9. Penalties. (a) Failure of a physician to transfer a patient pursuant to  23-4.11-7 shall constitute unprofessional conduct as that term is used in  5-37-5.1.  (b) Failure of a physician to record the determination of terminal condition pursuant to  23-4.11-5 shall constitute unprofessional conduct as that term is used in  5-37-5.1.  (c) Any person who willfully conceals, cancels, defaces, or obliterates the declaration of another absent the declarants consent or direction or who falsifies or forges a revocation of the declaration of another shall be imprisoned for no less than six (6) months but no more than one year, or shall be fined not less than two thousand dollars ($2,000) but no more than five thousand dollars ($5,000).  (d) Any person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in  23-4.11-4 with the intent to cause a withholding or withdrawal of life sustaining procedures, shall be imprisoned for no less than one year but no more than five (5) years, or shall be fined not less than five thousand dollars ($5,000) but no more than ten thousand dollars ($10,000).  (e) In addition to the sanctions and/or penalties mentioned in this section, any physician or person referred to in this section or in violation of this section, shall be civilly liable.  History of Section.P.L. 1991, ch. 166,  1; P.L. 1991, ch. 308,  1. 
 23-4.12-1. [Repealed.] History of Section.P.L. 1997, ch. 76,  2; P.L. 1998, ch. 305,  1; Repealed by P.L. 2019, ch. 27,  6, effective June 19, 2019. 
 23-4.12-2. [Repealed.] History of Section.P.L. 1997, ch. 76,  2; Repealed by P.L. 2019, ch. 27,  6, effective June 19, 2019. 
 23-4.12-3. [Repealed.] History of Section.P.L. 1997, ch. 76,  2; Repealed by P.L. 2019, ch. 27,  6, effective June 19, 2019. 
 23-4.12-4. [Repealed.] History of Section.P.L. 1997, ch. 76,  2; Repealed by P.L. 2019, ch. 27,  6, effective June 19, 2019. 
 23-4.12-5. [Repealed.] History of Section.P.L. 1997, ch. 76,  2; P.L. 1998, ch. 305,  1; Repealed by P.L. 2019, ch. 27,  6, effective June 19, 2019. 
 23-4.12-6. [Repealed.] History of Section.P.L. 1997, ch. 76,  2; Repealed by P.L. 2019, ch. 27,  6, effective June 19, 2019. 
 23-4.13-1. Short title. This chapter shall be known and may be cited as the Reproductive Privacy Act. History of Section.P.L. 2019, ch. 27,  1. 
 23-4.13-2. Noninterference in reproductive health care. (a) Neither the state, nor any of its agencies, or political subdivisions shall:  (1) Restrict an individual person from preventing, commencing, continuing, or terminating that individuals pregnancy prior to fetal viability;  (2) Interfere with an individual persons decision to continue that individuals pregnancy after fetal viability;  (3) Restrict an individual person from terminating that individuals pregnancy after fetal viability when necessary to preserve the health or life of that individual;  (4) Restrict the use of evidence-based, medically recognized methods of contraception or abortion except in accordance with evidence-based medically appropriate standards that are in compliance with state and federal statutes enumerated in subsections (c)(1) and (c)(2), department of health regulations and standards referenced in subsection (c)(3), and subsection (d); or  (5) Restrict access to evidence-based, medically recognized methods of contraception or abortion or the provision of such contraception or abortion except in accordance with evidence-based medically appropriate standards that are in compliance with state and federal statutes enumerated in subsections (c)(1) and (c)(2), department of health regulations and standards referenced in subsection (c)(3), and subsection (d).  (b) For purposes of this section, fetal viability means that stage of gestation where the attending physician, taking into account the particular facts of the case, has determined that there is a reasonable likelihood of the fetus sustained survival outside of the womb with or without artificial support.  (c) Notwithstanding the foregoing, this section shall not be construed to:  (1) Abrogate the provisions of  11-9-18 titled Care of babies born alive during attempted abortions, 11-54-1 titled Experimentation on human fetuses, 23-4.6-1 titled Consent to medical and surgical care, 23-4.7-1 through 23-4.7-8 titled Informed consent for abortion, 23-13-21 titled Comprehensive reproductive health services, 23-17-11 titled Abortion and sterilization  Protection for nonparticipation  Procedure, or 42-157-3(d) of the section titled Rhode Island Health Benefit Exchange  General requirements;  (2) Abrogate the provisions of 18 U.S.C.  1531, titled Partial-birth abortions prohibited and cited as the Partial-Birth Abortion Ban Act of 2003;  (3) Prevent the department of health from applying to licensed healthcare facilities that provide abortion any generally applicable regulations or standards that are in accordance with evidence-based, medically recognized standards for the provision of abortion in compliance with state and federal statutes enumerated in subsections (c)(1) and (c)(2) and with subsection (d), provided that such application, adoption or enforcement is not a pretext for violating subsection (a) of this section.  (d) The termination of an individuals pregnancy after fetal viability is expressly prohibited except when necessary, in the medical judgment of the physician, to preserve the life or health of that individual.  (1) Any physician who knowingly violates the provisions of this subsection shall be deemed to have engaged in unprofessional conduct for the purpose of  5-37-5.1.  (2) A physician who performs a termination after fetal viability shall be required to record in the patients medical records the basis for the physicians medical judgment that termination was necessary to preserve the life or health of the patient and must comply with all other relevant requirements applicable to physicians in  23-3-17.  (3) The director of the department of health is authorized to deny or revoke any license to practice allopathic or osteopathic medicine or otherwise discipline a licensee upon finding by the board that the person is guilty of unprofessional conduct under  5-37-5.1(31).  History of Section.P.L. 2019, ch. 27,  1. 
 23-4.14-1. Definitions.  As used in this chapter: (1) Apparently usable means that a product meets all quality and labeling standards imposed by federal and state laws and regulations even if the product may not be readily marketable.  (2) Feminine hygiene product:  (i) Means a product used for a females menstruation or other genital-tract secretions; and  (ii) Includes tampons and sanitary napkins.  (3) Person means an individual and does not mean an association of individuals or a legal entity.  History of Section.P.L. 2022, ch. 429,  1, effective June 30, 2022; P.L. 2022, ch. 430,  1, effective June 30, 2022. 
 23-4.14-2. Immunity from liability for feminine hygiene product donors.  (a) Any person who donates in good faith an apparently usable feminine hygiene product to a bona fide charitable or nonprofit organization for free distribution to persons in need of the product is not subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the nature, age, packaging, or condition of an apparently usable feminine hygiene product.  (b) Subsection (a) of this section shall not apply when a persons good-faith actions constitute gross negligence or intentional misconduct that results in injury or death to a person who uses the apparently usable feminine hygiene product.  History of Section.P.L. 2022, ch. 429,  1, effective June 30, 2022; P.L. 2022, ch. 430,  1, effective June 30, 2022. 
 23-4.5-1. Blood donations by minors. Any person of the age of seventeen (17) or over shall be eligible to donate blood in any voluntary and non-compensatory blood program without the necessity of obtaining permission or authorization of his/her parent or guardian. Any person sixteen (16) years of age may donate his or her blood upon obtaining prior permission of his or her parent or guardian.  History of Section.P.L. 1970, ch. 318,  1; G.L. 1956,  23-50-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.5-1; P.L. 1985, ch. 249,  1; P.L. 2009, ch. 237,  1; P.L. 2009, ch. 238,  1. 
 23-4.5-2. Blood banks regulated. (a) No person or entity may collect blood, blood products, plasma or blood derivatives in the state of Rhode Island for transfusion unless it:  (1) Is licensed as a hospital in the state of Rhode Island; or  (2)(i) Is licensed as a clinical laboratory as defined in  23-16.2 and 23-16.2-4; and  (ii) Maintains a facility in the state of Rhode Island for the collection, processing and testing of blood, blood products, plasma or blood derivatives, such testing to include all tests required by the food and drug administration regarding testing of donated blood.  (b) The director of the Rhode Island department of health shall have the power to issue regulations implementing this section, including the enforcement hereof. Whether or not regulations have been issued, no license may be issued or renewed under subsection (a) hereof except in accordance with the requirements of this chapter.  (c) No person or entity licensed as described in subsection (a) hereof may authorize any third party not so licensed to collect blood or blood products on its behalf in the state of Rhode Island, except that those entities as described in subsection (a) may temporarily authorize a qualified third party to collect blood on their behalf should the licensed entity be unable to collect blood to meet emergency needs.  History of Section.P.L. 2013, ch. 266,  1; P.L. 2013, ch. 360,  1. 
 23-4.6-1. Consent to medical and surgical care. (a) Any person of the age of sixteen (16) or over or married may consent to routine, emergency, medical or surgical care. A minor parent may consent to treatment of his or her child.  (b) In addition to the provisions of subsection (a), any person, including, but not limited to, a minor who is pregnant, may give effective consent for medical, dental, health, and hospital services relating to prenatal, delivery, and post-delivery care. The attending physician shall comply with  40-11-3. Consent shall not be given pursuant to this subsection for abortion or sterilization.  History of Section.P.L. 1971, ch. 145,  1; G.L. 1956,  23-51-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-4.6-1; P.L. 2018, ch. 132,  1; P.L. 2018, ch. 251,  1. 
 23-4.7-1. Abortion defined. Abortion for the purpose of this chapter means administering to a woman, known to be pregnant, any medicine, drug, substance, or thing whatever, or the employment upon her of any instrument or means whatever, with intent to terminate a pregnancy. The term shall not include the administering of any medicine, drug, substance, or thing or the employment of any instrument or means for the purpose of completing an incomplete, spontaneous miscarriage.  History of Section.P.L. 1982, ch. 323,  2. 
 23-4.7-2. Informed written consent required. In order to insure that a womans consent to abortion is truly informed consent, an abortion shall be performed only after the woman has given her consent, in writing, in a form satisfying the provisions of  23-4.7-5.  History of Section.P.L. 1982, ch. 323,  2. 
 23-4.7-3. Required disclosures. (a) Either the physician who is to perform the abortion or his or her authorized agent or another physician or his or her authorized agent shall:  (1) Inform the woman that she is pregnant and inform her of the estimated gestational age of the fetus at the time of the disclosure.  (2) Explain to the woman the medical nature of an abortion, including the probable gestational age of the fetus at the time the abortion is to be performed.  (3) Explain to the woman the medical or surgical procedure to be employed to perform the abortion.  (4) Explain to the woman all known material medical risks associated with the particular abortion procedure to be employed. In the event a physician or his or her authorized agent determines that the disclosure of a known material risk should not be made, that risk need not be disclosed, provided the medical basis for the nondisclosure is certified in writing in the patients medical record.  (b) In addition, a physician or his or her authorized agent may inform the woman of any other material facts or opinions or otherwise state anything with respect to the disclosures required in this section which, in the exercise of his or her best medical judgment, is reasonably necessary to enable the woman to give her informed consent to the proposed abortion, with full knowledge of its nature and consequences.  History of Section.P.L. 1982, ch. 323,  2. 
 23-4.7-4. Emergency requiring immediate action. Where there is an emergency requiring immediate action, the requirements of this chapter may be waived. The womans attending physician shall certify in writing in the patients medical record that an emergency exists and the medical basis for his or her opinion.  History of Section.P.L. 1982, ch. 323,  2. 
 23-4.7-5. Consent form. (a) The womans written consent required by  23-4.7-2 shall be on a form provided by the physician or facility and containing:  (1) The disclosures required by  23-4.7-3; and  (2) The womans acknowledgment that either the physician who is to perform the abortion or his or her authorized agent or another physician or his or her authorized agent has provided her with the information required by  23-4.7-3.  (b)(1) The form shall in addition include the following statement: If you decide to carry your pregnancy to term but not to keep the child, you may be able to place the child with either a relative, or with another family through foster care or adoption.  (2) The person making the disclosures required under  23-4.7-3 shall not be required to state anything with respect to the contents of subdivision (1) of this subsection.  (c) In cases where the woman does not understand English, either the consent form shall be written in a language understood by her, or the person informing her shall certify on the consent form that in his or her opinion, the information required to be given by  23-4.7-3 has been given in a manner as to be understandable by her; if an interpreter is used, the interpreter shall be named and reference to that use shall be made on the consent form.  (d) A copy of the form shall be made available to the woman upon her request.  History of Section.P.L. 1982, ch. 323,  2. 
 23-4.7-6. Minors  Parental consent  Judicial proceedings. Except in the case of a minor who has been found by a court of competent jurisdiction to be emancipated, if a pregnant woman is less than eighteen (18) years of age and has not married, an abortion shall not be performed upon her unless both the consent of the pregnant woman and that of at least one of her parents is obtained, except as provided in this section. In deciding whether to grant consent, a pregnant womans parents shall consider only their childs best interests. If both parents have died or are otherwise unavailable to the physician within a reasonable time and in a reasonable manner, consent of the pregnant womans legal guardian or one of her guardians shall be sufficient. If a pregnant woman less than eighteen (18) years of age has not married and if neither of her parents or guardians agree to consent to the performance of an abortion, or if she elects not to seek the consent of either of her parents or guardians, a judge of the family court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion, if the judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or if the judge determines that she is not mature, but that the performance of an abortion upon her would be in her best interests. A pregnant woman less than eighteen (18) years of age may participate in proceedings in the family court on her own behalf, and she shall be represented in her proceeding by a guardian ad litem. Proceedings in the family court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant woman. A judge of the family court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting his or her decision and shall order a record of the evidence to be maintained including his or her own findings and conclusions.  History of Section.P.L. 1982, ch. 323,  2. 
 23-4.7-7. Liability of physician. Any physician who knowingly violates the requirements of this chapter shall be deemed to have engaged in unprofessional conduct for the purposes of  5-37-5.1. The willful failure to provide the woman with the substance of the information pursuant to the requirements of  23-4.7-3 shall be prima facie evidence of failure to obtain informed consent in an action at law or in equity.  History of Section.P.L. 1982, ch. 323,  2. 
 23-4.7-8. Severability. If any section or provision of this chapter or the application of any section or provision is held invalid, that invalidity shall not affect other sections, provisions, or applications, and to this end the sections and provisions of this chapter are declared severable.  History of Section.P.L. 1982, ch. 323,  2. 
 23-4.8-1. [Repealed.] History of Section.P.L. 1982, ch. 325,  1; Repealed by P.L. 2019, ch. 27,  5, effective June 19, 2019. 
 23-4.8-2. [Repealed.] History of Section.P.L. 1982, ch. 325,  1; Repealed by P.L. 2019, ch. 27,  5, effective June 19, 2019. 
 23-4.8-3. [Repealed.] History of Section.P.L. 1982, ch. 325,  1; P.L. 2008, ch. 475,  37; Repealed by P.L. 2019, ch. 27,  5, effective June 19, 2019. 
 23-4.8-4. [Repealed.] History of Section.P.L. 1982, ch. 325,  1; Repealed by P.L. 2019, ch. 27,  5, effective June 19, 2019. 
 23-4.8-5. [Repealed.] History of Section.P.L. 1982, ch. 325,  1; Repealed by P.L. 2019, ch. 27,  5, effective June 19, 2019. 
 23-4.9-1. Retention of x-rays by health care providers. Every physician, surgeon, hospital, health maintenance organization, or any other health care facility or provider that takes a mammography x-ray of any individual within this state shall keep and maintain that mammography x-ray for the life of the individual. Provided, further, however, that any mammography x-ray may be destroyed if the individual has had no contact with the physician, surgeon, hospital, health maintenance organization, or other health care facility or provider for a period exceeding fifteen (15) years.  History of Section.P.L. 1986, ch. 57,  1. 
 23-4-1. Definitions. (a) Assistant medical examiner means a duly licensed doctor of medicine or osteopathy appointed to assist the office of state medical examiners on a part-time basis.  (b) Autopsy means the dissection of a dead body and the removal and examination of bone, tissue, organs, and foreign objects for the purpose of determining the condition of the body and the cause and the manner of the death.  (c) Cause of death means the agent that has directly or indirectly resulted in a death.  (d) Inquest means an official judicial inquiry before a medical examiner and/or medical examiners jury for the purpose of determining the manner of death.  (e) Manner of death means the means or fatal agency that caused a death.  (f) Postmortem examination means examination after death and includes an examination of the dead body and surroundings by an agent of the office of state medical examiners but does not include dissection of the body for any purpose.  (g) Work product means preliminary drafts, notes, impressions, memoranda, working papers, and similar documents of a governmental entity, whether in electronic or other format.  History of Section.P.L. 1973, ch. 169,  1; P.L. 2018, ch. 82,  1; P.L. 2018, ch. 92,  1. 
 23-4-10. Disposition of deceased bodies. (a) The office of state medical examiners shall, after any postmortem examination or any autopsy, promptly release the deceased body to the relatives, representatives or domestic partners of the deceased. The cost of transporting the deceased body to a mortuary within the state of the relatives or domestic partners choice shall be borne by the state if the autopsy was required to be performed as provided in this chapter. If there are no known relatives, representatives or domestic partners, the office of state medical examiners, after reasonable public notices, shall cause the body of the deceased person to be buried. The general treasurer of the state shall have first priority in recovering the expenses of burial from the estate of the deceased person.  (b) For the purpose of this chapter, domestic partner shall be defined as a person who, prior to the decedents death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:  (1) Both partners were at least eighteen (18) years of age and were mentally competent to contract;  (2) Neither partner is married to anyone else;  (3) Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;  (4) Partners resided together and had resided together for at least one year at the time of death; and  (5) Partners were financially interdependent as evidenced by at least two (2) of the following:  (i) Domestic partnership agreement or relationship contract;  (ii) Joint mortgage or joint ownership of primary residence;  (iii) Two (2) of the following:  (A) Joint ownership of motor vehicle;  (B) Joint checking account;  (C) Joint credit account;  (D) Joint lease; and/or  (iv) The domestic partner had been designated as a beneficiary for the decedents will, retirement contract or life insurance.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1980, ch. 306,  1; P.L. 2009, ch. 369,  2; P.L. 2009, ch. 385,  2. 
 23-4-11. Effects and property of deceased. An agent of the office of state medical examiners, as the case may be, may take into his or her possession all articles and property of the deceased on or about the body and shall deliver them to the office of the chief medical examiner if an autopsy or postmortem examination is ordered, but shall otherwise deliver them to a member of the family taking a receipt for them. Provided, however, any letter, note, or any other written instrument, the contents of which relate to the manner or cause of the death of the deceased, shall be permanently retained in the files of the office. If an autopsy is ordered, the chief medical examiner shall upon completion of the investigation deliver all other articles or property to a member of the family of the deceased taking a receipt from that family member and, if any dispute exists among members of the family, he or she shall hold the other articles or property for the executor or administrator of the estate of the deceased when appointed. In the event that death shall have occurred in a hotel or other public place where possessions of the deceased may be lying, an agent of the office of state medical examiners shall make suitable arrangements for the protection of the property.  History of Section.P.L. 1973, ch. 169,  1. 
 23-4-12. Compensation for recovery of body from water. When services are rendered in bringing to land the dead body of a person found in any of the harbors, rivers, or waters of the state, compensation for services as he or she deemed reasonable may be allowed; but this privilege shall not entitle any person to compensation for services rendered in search for a dead body.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1992, ch. 400,  1. 
 23-4-13. Establishment of fees. The director of the department of health shall establish fees for autopsy reports, cremation certificates, and statistics. The director shall also impose fees, at an hourly or daily rate, to give testimony in civil suits under this chapter. All fees are as set forth in  23-1-54. The director is authorized to establish in regulation reasonable fees for additional documents not otherwise specified in this section. All of these fees shall be collected and deposited as general revenues; provided, however, that no city or town, or any agency or department of a city and town within the state, or the department of human services, shall be required to pay any fees established by the director pursuant to this section.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1992, ch. 133, art. 27,  1; P.L. 1992, ch. 400,  2; P.L. 1995, ch. 370, art. 40,  59; P.L. 2003, ch. 172,  1; P.L. 2003, ch. 179,  1; P.L. 2007, ch. 73, art. 39,  27; P.L. 2012, ch. 241, art. 9,  37. 
 23-4-14.1. Repealed.
 23-4-14. Preservation of reports  Tabular reports. The director of the department of health shall cause the returns received by the office of state medical examiners and reports made by that office on causes of death for each year, in accordance with this chapter, to be bound together with an index to the volume. The director of health in his or her capacity as ex officio state registrar shall prepare or cause to be prepared from the returns tabular results that will render them of practical utility, and shall annually report thereof in connection with the report of births, marriages, and deaths required by chapter 3 of this title.  History of Section.P.L. 1973, ch. 169,  1. 
 23-4-15. Morgue. A centrally located morgue shall be provided with laboratories, furniture, equipment, records, and supplies that may be required in the conduct of the office of state medical examiners.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1992, ch. 400,  1. 
 23-4-16. Uniform determination of death. A person who has sustained either: (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.  History of Section.P.L. 1982, ch. 411,  1. 
 23-4-2. Establishment of office. (a) There is established in the department of health the office of state medical examiners. The director of health, with the advice of the state medical examiners commission, is authorized to adopt, amend, promulgate, and enforce rules and regulations and standards that may be designed to further the accomplishment of the purposes of this chapter.  (b) The office of state medical examiners shall obtain and maintain accreditation by the National Association of Medical Examiners or other national accrediting organization in the field of forensic medicine and pathology.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1992, ch. 400,  1; P.L. 2005, ch. 122,  1; P.L. 2005, ch. 169,  1. 
 23-4-3.1. Immunity. No member of the multidisciplinary teams shall be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity (and, for members who are state employees, termination or loss of employee or pension benefits), for acting in accordance with  23-4-3.  History of Section.P.L. 2018, ch. 82,  2; P.L. 2018, ch. 92,  2; P.L. 2019, ch. 106,  1; P.L. 2019, ch. 139,  1; P.L. 2019, ch. 308, art. 2,  6. 
 23-4-3. Functions. The office of state medical examiners shall be responsible for: (1) The investigation of deaths within the state that, in its judgment, might reasonably be expected to involve causes of death enumerated in this chapter;  (2) For the conduct of inquests when requested by the attorney general;  (3) For the performance of autopsies, including the retention, examination, and appropriate disposal of tissue, when appropriate, for deaths that, in its judgment, might reasonably be expected to involve causes of deaths enumerated in this chapter;  (4) For the written determination of the causes of death investigated pursuant to this chapter;  (5) For the presentation to the courts of Rhode Island of expert testimony relating to the cause of death;  (6) For the keeping of complete records, including names, places, circumstances, and causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the attorney general and of which written determinations of causes of death shall be made available for public inspection;  (7) For the burial of bodies for which there is no other existing legal responsibility to do so;  (8) For the development and enforcement of procedures for the pronouncement of death and for the transplantation of organs from bodies of persons who have died within the state;  (9)(i) For a multidisciplinary team review of child fatalities with the goal to decrease the prevalence of preventable child deaths and report recommendations for community- and systems-intervention strategies. A child death-review team shall include, but is not limited to, representation from state agencies, health care, child welfare, and law enforcement; and  (ii) The work product of the child death-review team shall be confidential and protected under all applicable laws, including the federal Health Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged pursuant to  23-17.21-8;  (10) The department of health shall work with the department of children, youth and families and the office of the child advocate to develop a process to ensure the timely availability of autopsy reports on child deaths;  (11)(i) For a multidisciplinary team review of drug-related overdose deaths with the goal of reducing the prevalence of these deaths by examining emerging trends in overdose, identifying potential demographic, geographic, and structural points for prevention, and other factors. The multidisciplinary team for review of drug-related overdose deaths may include, as determined by the director of the department of health, representatives from the department of health; the department of the attorney general; the Rhode Island state police; the department of corrections; the department of behavioral healthcare, developmental disabilities and hospitals; the Rhode Island Police Chiefs Association; the Hospital Association of Rhode Island; an emergency department physician; a primary care physician; an addiction medicine/treatment provider; a mental health clinician; a toxicologist; a recovery coach or other representative of the recovery community; and others as may be determined by the director of the department of health;  (ii) The work product of the multidisciplinary team for review of drug-related overdose deaths shall be confidential and protected under all applicable laws, including the federal Health Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5), and shall be exempt from the provisions of chapter 2 of title 38, not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, and not subject to disclosure beyond the team members (except to authorized employees of the department of health as necessary to perform its official duties pursuant to this subsection (11));  (iii) The multidisciplinary team shall report on or before December 1 of each year to the governor, the speaker of the house, and president of the senate, which report shall summarize the activities of the team, as well as the teams findings, progress towards reaching its goals, and recommendations for any needed changes in legislation or otherwise; and  (iv) [Deleted by P.L. 2021, ch. 21,  1 and P.L. 2021, ch. 22,  1.]  (12)(i) For a multidisciplinary maternal mortality review committee for review of maternal deaths of women that occur during pregnancy, delivery, or within one year of the end of pregnancy with the goal of reducing the prevalence of such deaths by examining emerging trends in such deaths, identifying potential demographic, geographic, and structural points for prevention, and other factors. This committee has the authority to request and receive data from vital records, healthcare providers, healthcare facilities, pharmacy records, and any other agencies or officials having information that is necessary for the committee to carry out its duties under this section. The multidisciplinary maternal mortality review committee shall include, but not be limited to, as determined by the director of the department of health, representation from state agencies; an obstetric provider from each hospital that delivers obstetrical care; a neonatal specialist; individuals or organizations that represent the populations that are most affected by pregnancy-related deaths or pregnancy-associated deaths and lack of access to maternal healthcare services; a perinatal pathologist; and a maternal fetal medicine specialist. This committee shall develop recommendations for the prevention of maternal deaths and disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public.  (ii) The work product of the maternal mortality review committee shall be confidential and protected under all applicable laws, including the federal Health Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged pursuant to  23-17.21-8.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1992, ch. 400,  1; P.L. 2008, ch. 26,  1; P.L. 2008, ch. 27,  1; P.L. 2010, ch. 141,  1; P.L. 2010, ch. 143,  1; P.L. 2016, ch. 342,  1; P.L. 2016, ch. 368,  1; P.L. 2018, ch. 82,  1; P.L. 2018, ch. 92,  1; P.L. 2019, ch. 106,  1; P.L. 2019, ch. 139,  1; P.L. 2021, ch. 21,  1, effective May 26, 2021; P.L. 2021, ch. 22,  1, effective May 26, 2021. 
 23-4-4.1. Procedure for performance of autopsies against a familys religious beliefs. (a) Notwithstanding any other provision of law, in the absence of a compelling public necessity, no dissection or autopsy shall be performed over the objection of a surviving relative or friend of the deceased that the procedure is contrary to the religious belief of the decedent.  (b) For the purposes of this section:  (1) Compelling public necessity means:  (i) That the dissection or autopsy is essential to the conduct of a criminal investigation of a suspected homicide, of which the decedent is the victim,  (ii) That discovery of the cause of death is necessary to meet an immediate and substantial threat to the public health and that a dissection or autopsy is essential to ascertain the cause and/or manner of death, or  (iii) That the dissection or autopsy is necessary to obtain proper toxicologic or other specimens which may represent evidence of a crime and will deteriorate over time, or the need for a dissection or autopsy is otherwise established in accordance with subsection (e) of this section.  (2) Relative means the person most closely related to the decedent by consanguinity or affinity. In the event that person is unavailable, the objection may be raised on his or her behalf by the next most closely related person. The official who has authority to order a dissection or autopsy of the decedents body may require a relative to present an affidavit stating his or her relationship to the decedent, the religious affiliation of the decedent, if any, that the decedent had religious objection to an autopsy, the basis for that belief, and that he or she will assume responsibility for the lawful disposition of the body of the deceased.  (3) Friend means any person who, prior to the decedents death, maintained such regular contact with the decedent as to be familiar with his or her activities, health, and religious beliefs and who presents an affidavit stating the facts and circumstances upon which the claim that he or she is a friend is based, the religious affiliation of the decedent, if any, that the decedent had religious objections to an autopsy, the basis for that belief, and that he or she will assume responsibility for the lawful disposition of the body of the deceased.  (c) All dissections or autopsies performed pursuant to this section shall be the least intrusive procedure consistent with the compelling state interest as defined in this section.  (d) Whenever, in the opinion of a medical examiner, there is a compelling public necessity under subsection (b)(1)(i) or (b)(1)(ii) to perform an autopsy or dissection, and a member of the deceaseds immediate family or, in the absence of a member of the deceaseds immediate family, a friend objects that the autopsy or dissection is contrary to the religious beliefs of the deceased or there is an obvious reason to believe, based on written information or records provided the medical examiner, that the autopsy or dissection is contrary to the religious beliefs of the deceased, then no dissection or autopsy shall be performed until forty-eight (48) hours after notice of the dissection or autopsy is given by the medical examiner to the objecting party, or, if there is no objecting party, to any party that the court may name. During that forty-eight (48) hour period, the objecting party or the party named by the court may institute action in the superior court to determine the propriety of the dissection or autopsy, but the court may dispense with the waiting period upon ex parte motion if it determines that the delay may prejudice the accuracy of the autopsy or dissection.  (e) Whenever, in the opinion of a medical examiner, there is a compelling public necessity in circumstances not provided for in subsection (b)(1)(i) or (b)(1)(ii), but authorized by  23-4-4, to perform an autopsy or dissection, and a member of the deceaseds immediate family or, in the absence of a member of the deceaseds immediate family, a friend objects that the autopsy or dissection is contrary to religious beliefs of the deceased or there is an obvious reason to believe, based on written information or records provided the medical examiner, that the autopsy or dissection is contrary to the religious beliefs of the deceased, then the medical examiner may institute an action in the superior court for an order authorizing the autopsy or dissection. The action shall be instituted by an order to show cause on notice to the next of kin or friend, or if none is known to the petitioner, then to any party that the court may direct, returnable at the earliest possible time. The proceeding shall have preference over all other cases in the court and shall be determined summarily upon the petition and the oral or written proof that may be offered by the parties. The court shall grant the relief sought in the petition if it finds that the petitioner has established a demonstrable need for the autopsy or dissection that, under all circumstances of the case, outweighs the states interest in observing the decedents religious beliefs. If the petition is denied, and no stay is granted by the court, the body shall immediately be released for burial to the surviving relative or friend.  History of Section.P.L. 1990, ch. 497,  1. 
 23-4-4. Jurisdiction. The office of state medical examiners shall have the authority to make postmortem examinations, to undertake inquests, and to perform autopsies where there may be in its judgment a reasonable belief that the manner of death could be pronounced as:  (1) Death by a homicide, suicide, or casualty;  (2) Death due to a criminal abortion;  (3) Death due to an accident involving lack of due care on the part of a person other than the deceased;  (4) Death which is the immediate or remote consequences of any physical or toxic injury incurred while the deceased person was employed;  (5) Death due to the use of addictive or unidentifiable chemical agents; or  (6) Death due to an infectious agent capable of spreading an epidemic within the state.  History of Section.P.L. 1973, ch. 169,  1. 
 23-4-5. Chief medical examiner  Assistants and other staff. (a) The office shall be under the immediate supervision of a chief, who shall be known as the chief medical examiner and who shall be a physician licensed under the provisions of chapter 37 of title 5, and a qualified pathologist certified by the American Board of Pathology and who has had forensic training or experience. He or she shall be appointed by the director of health as shall the deputy chief medical examiner with the advice of the medical examiners commission. The chief medical examiner shall be in the unclassified service and the deputy chief medical examiner shall be in the classified service.  (b) The chief medical examiner shall appoint, with the approval of the director of health, assistant medical examiners and shall hire other staff as necessary to carry out the provisions of this chapter.  (c) Persons employed full time at the time of enactment of this chapter within the division of medical examiners in the department of the attorney general shall be transferred to the office of state medical examiners with their former rights and privileges of employment. For members eligible to retire on or before June 30, 2012, such members shall be eligible for retirement benefits after the age of fifty (50) years and service of twenty (20) years, including service within the division of medical examiners. For members eligible to retire on or after July 1, 2012, such members shall be eligible for retirement benefits in accordance with chapters 8 through 10 of title 36.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1992, ch. 400,  1; P.L. 2011, ch. 408,  21; P.L. 2011, ch. 409,  21. 
 23-4-6. State medical examiners commission. (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 commissions 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.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1979, ch. 318,  1; P.L. 1992, ch. 400,  1; P.L. 2006, ch. 103,  1; P.L. 2006, ch. 144,  1; P.L. 2008, ch. 475,  35. 
 23-4-7. Reporting of certain deaths required  Violations  Penalties. (a)(1) Where any person shall die in any manner to suggest the possibility of a criminal act or as the result of violence or apparent suicide, or from a criminal abortion or in any suspicious or unusual manner, it shall be the duty of any person having knowledge of those deaths to immediately notify the police of the city or town where the body of the deceased person lies or to notify the office of state medical examiners. The same procedure shall be followed upon discovery of anatomical material suspected of being or determined to be a part of a human body.  (2) Any person who willfully neglects or refuses to report that death or who without an order from an agent of the office of medical examiners willfully touches, removes, or disturbs the body of that dead person, or willfully touches, removes, or disturbs the clothing or any article upon or near that body, shall be guilty of a misdemeanor.  (b) If any person buries or causes to be buried the dead body of a person supposed to have come to a violent death before giving notice as stated in subsection (a) and before inquiry is made into the manner and circumstances of the death, that person shall be guilty of a misdemeanor.  (c) When any person may appear to have met death when unattended by a physician, or in any unnatural manner, or as the apparent result of the negligence of another person, or as the consequence of any physical or toxic injury incurred while employed, or from the use of any addictive or unidentifiable chemical agent, or from accidental hypothermia, or from an infectious agent capable of spreading an epidemic within the state, it shall be the duty of any physician, law enforcement officer, funeral director, hospital official having knowledge of the death, or of any other person having responsibility for burial or cremation of the deceased person to notify the office of the state medical examiners. In the case of any prisoner committed by law to the custody of the department of corrections or in the department of behavioral healthcare, developmental disabilities and hospitals who dies or in the case of a person who dies while in the custody of the state police or local police departments, the person charged with the responsibility for that custody shall have the duty to immediately notify the office of the state medical examiners. Any person charged with the responsibility of notifying the office of state medical examiners of any of the deaths stated in the first sentence of this subsection who neglects to give that notice shall upon conviction be guilty of a misdemeanor.  (d) If an agent of the office of state medical examiners is of the opinion that a death was caused by the act of neglect of some person other than the deceased, he or she shall at once notify the attorney general, and the police of the city or town where the body was found or in which it lies. If any person shall be arrested and charged with causing any death by the act of neglect, the person so arrested shall be entitled to receive a copy of the record of the autopsy, upon written request delivered to the attorney general.  (e) Where any person age sixty-five (65) years or older may appear to have died from accidental hypothermia, the death shall be reported to the department of elderly affairs by the state medical examiner or when any person, under the age of eighteen (18) shall die, the physician signing the death certificate shall report the death to the state medical examiners office within twenty-four (24) hours of the death.  (f) Any person who violates any of the provisions of subsection (a) or (b) of this section and does so with the intention of concealing a crime shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of not more than five (5) years or fined ten thousand dollars ($10,000), or both.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1982, ch. 333,  1; P.L. 1991, ch. 184,  1; P.L. 1996, ch. 163,  1. 
 23-4-8. Procedure for investigation of deaths. (a) When the office of state medical examiners has notice that there has been found or is lying within this state the body of a person who is supposed to have come to his or her death by violence, or in any manner as stated in  23-4-7, an agent of the office of state medical examiners shall immediately proceed to the place where the body lies and take charge of it, view it, and make personal inquiry into the cause and manner of death. If the body is found at the residence of the deceased, the agent of the office of state medical examiners shall not remove the body from the residence unless necessary for further postmortem examination or autopsy.  (b) A health care facility shall disclose any and all information in its possession requested by the state medical examiner or his or her agent in connection with the investigation of the death of a current or former patient to the extent necessary to assist the medical examiner in determining the cause of death.  History of Section.P.L. 1973, ch. 169,  1; P.L. 1988, ch. 351,  1. 
 23-4-9. Deaths in public places. In the event that a person dies suddenly on a public highway or elsewhere in the public view and the death appears to be from natural causes or the result of injuries received from a highway accident, the state police or any superior officer of the local police or an agent of the office of state medical examiners may order the removal of the body from the place of death, upon completion of their investigation as to the cause and manner of death, to the funeral home designated by a family representative of the deceased or to the state morgue or any hospital.  History of Section.P.L. 1973, ch. 169,  1. 
 23-40-1  23-40-4. [Transferred.]
 23-41.1-1  23-41.1-35. [Transferred.]
 23-41-1  23-41-12. [Transferred.]
 23-42-1. [Transferred.]
 23-43.1-1  23-43.1-31. [Transferred.]
 23-43.2-1  23-43.2-11. [Transferred.]
 23-43.3-1  23-43.3-18. [Transferred.]
 23-43-1  23-43-12. [Transferred.]
 23-44-1  23-44-3. [Transferred.]
 23-45-1  23-45-8. [Transferred.]
 23-46.1-1  23-46.1-29. [Transferred.]
 23-46.2-1  23-46.2-21. [Transferred.]
 23-46-1  23-46-11. [Transferred.]
 23-47-1  23-47-7. [Transferred.]
 23-48-1  23-48-8. [Transferred.]
 23-49-1  23-49-5. [Transferred.]
 23-5.1-1. Identification bracelet. Any person who has epilepsy, diabetes, a cardiac condition, or any other type of illness that causes temporary blackouts, semi-conscious periods, or complete unconsciousness, is authorized to wear an identification bracelet with the persons name, type of illness, physicians name, and medication required, engraved, stamped, or imprinted on that bracelet.  History of Section.P.L. 1974, ch. 251,  1; P.L. 1999, ch. 83,  45; P.L. 1999, ch. 130,  45. 
 23-5.1-2. Duty of law enforcement officers. It shall be the duty of all law enforcement officers in this state to make a diligent effort to determine if any person they may find in a semi-conscious or unconscious condition is an epileptic or diabetic or a person who is suffering from any other type of illness which would cause semi-consciousness or unconsciousness by looking for an identification bracelet. If any law enforcement officer shall determine that an epileptic or diabetic person is actually suffering from an affliction that would cause semi-consciousness or unconsciousness, it shall be his or her duty to have the person immediately transported to a physician or to some facility where the services of a physician are available.  History of Section.P.L. 1974, ch. 251,  1. 
 23-5.1-3. Penalty for misrepresentation. Any person who willfully and knowingly falsifies an identification or deliberately misrepresents an illness that causes blackouts, unconsciousness, or semi-conscious periods as described in  23-5.1-1 shall be guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine of not more than five hundred dollars ($500) or be imprisoned for not more than one year, or both.  History of Section.P.L. 1974, ch. 251,  1. 
 23-5-1  23-5-4. Repealed.
 23-5-5. Reporting of occupational diseases. Every physician licensed by the department of health attending on or called in to evaluate a patient whom he or she believes to be suffering from an occupational disease or condition identified by the department of health in regulation as a reportable occupational disease shall within thirty (30) days of that attendance or evaluation send to the department of health a report, on a form acceptable to the director of health, stating:  (1) Name, address, and occupation of patient.  (2) Name, address, and business of employer.  (3) Nature of disease.  (4) Any other information that may be reasonably required by the department of health.  History of Section.P.L. 1915, ch. 1226,  1; G.L. 1923, ch. 153,  23; G.L. 1938, ch. 255,  18; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-5-5; P.L. 1992, ch. 187,  1. 
 23-5-6, 23-5-7. Repealed.
 23-5-8. Reports not evidence. 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.  History of Section.P.L. 1915, ch. 1226,  3; G.L. 1923, ch. 153,  25; G.L. 1938, ch. 255,  20; G.L. 1956,  23-5-8. 
 23-5-9. Upon death  Report of infectious disease. (a) As used in this section, infectious or communicable disease includes the following:  (1) Infectious hepatitis;  (2) Tuberculosis;  (3) Rabies;  (4) Tularemia;  (5) Herpes simplex;  (6) Acquired immune deficiency syndrome;  (7) Viral hemorrhagic fever;  (8) Gonorrhea;  (9) Syphilis;  (10) Burketts lymphoma; and  (11) Kaposis sarcoma.  (b) Notwithstanding the provisions of  40.1-5-26 and 5-37.3-4, when a person who has been diagnosed as having an infectious or communicable disease dies in a hospital or other health care facility, the attending physician or other responsible officer shall prepare a written notification describing the disease to accompany the body when the body is picked up for disposition.  (c) Notwithstanding the provisions of  40.1-5-26 and 5-37.3-4, when a person dies outside of a hospital or health care facility and without an attending physician, any family member or person making arrangements for the disposition of the dead body who knows that the dead person has been diagnosed as having an infectious or communicable disease at the time of death shall make known that disposition.  (d) Notwithstanding the provisions of  40.1-5-26 and 5-37.3-4, any person who picks up or transports a dead body for disposition and who has been notified pursuant to subdivision (2) or (3) of this section shall present a notification accompanying the dead body to any embalmer, funeral director, or other person taking possession of the dead body.  (e) Information regarding a deceaseds infectious or communicable disease contained in a notification required under this section shall be privileged and confidential and may be disclosed only if the disclosure is required under state or federal laws.  (f) Any person having duties imposed upon him or her under subsection (b), (c), or (d) of this section who knowingly refuses or omits to perform those duties shall be subject to a fine of three hundred dollars ($300) for a first offense, five hundred dollars ($500) for a second offense, and one thousand dollars ($1000) for a third and subsequent offense within any calendar year.  History of Section.P.L. 1987, ch. 453,  1; P.L. 1988, ch. 503,  1. 
 23-50-1. [Transferred.]
 23-51-1. [Transferred.]
 23-52-1  23-52-10. [Transferred.]
 23-53-1. , 23-53-2. [Superseded.]
 23-54-1  23-54-3. [Transferred.]
 23-55-1  23-55-8. [Transferred.]
 23-56-1  23-56-4. [Transferred.]
 23-57-1  23-57-2. [Transferred.]
 23-58-1  23-58-10. [Transferred.]
 23-59-1. Definitions. As used in this chapter: (1) Continuing care means providing or committing to provide board, lodging, and nursing services to an individual, other than an individual related by blood or marriage: (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and (ii) in consideration of the payment of an entrance fee and/or periodic charges. A contract shall be deemed to be one offering nursing services, irrespective of whether such services are provided under the contract, if nursing services are offered to the resident entering the contract either at the facility in question or pursuant to arrangement specifically offered to residents of the facility.  (2) Department means the Rhode Island state department of health.  (3) Entrance fee means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. A fee which is less than the sum of the regular periodic charges for one year of residency shall not be considered to be an entrance fee.  (4) Facility means the place or places in which a person undertakes to provide continuing care to an individual.  (5) Provider means any person, corporation, partnership, or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this state. Two or more related individuals, corporations, partnerships, or other entities may be treated as a single provider if they cooperate in offering services to the residents of a facility.  (6) Resident means an individual entitled to receive continuing care in a facility.  (7) Solicit means all actions of a provider or the providers agent in seeking to have individuals enter into continuing care agreement by any means such as, but not limited to, personal, telephone, or mail communication or any other communication directed to and received by an individual, and any advertisements in any media distributed or communicated by any means to individuals.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-10. Untrue, deceptive, or misleading advertising. The provisions of chapter 13.1 of title 6 shall apply to all providers. History of Section.P.L. 1987, ch. 101,  1. 
 23-59-11. Right of residents to organize  Meetings. (a) Residents shall have the right of self-organization. No retaliatory conduct shall be permitted against any resident for membership or participation in a residents organization. The provider shall be required to provide to the organization a copy of all submissions to the department.  (b) The board of directors, its designated representative, or other such governing body of a continuing care facility shall hold meetings at least quarterly with the residents or representatives elected by the residents of the continuing care facility for the purpose of free discussion of issues relating to the facility. Such issues may include income, expenditures, and financial matters as they apply to the facility and proposed changes in policies, programs, facilities, and services. Residents shall be entitled to seven (7) days notice of each meeting.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-12. Civil liability. (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 attorneys 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 providers 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 residents seeking any other remedies available under any law.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-13. Special provisions for existing providers  Rights of residents with certain existing providers. (a) Providers existing prior to June 18, 1987 shall comply with this chapters provisions within six (6) months of that date. However, the department may extend the period within which an existing facility shall comply with this chapter for an additional six (6) months, for good cause shown.  (b) Continuing care contracts entered into prior to June 18, 1987 or prior to registration of the provider shall be valid and binding upon both parties in accordance with their terms.  History of Section.P.L. 1987, ch. 101,  1; P.L. 1997, ch. 326,  46. 
 23-59-14. Rules and regulations. (a) The department shall have the authority to adopt, amend, or repeal rules and regulations that are reasonably necessary for the enforcement of the provisions of this chapter. The department may issue regulations setting forth those transactions which shall require the payment of fees by a provider and the fees which shall be charged.  (b) Any provider may be given a reasonable time, not to exceed one hundred twenty (120) days from the date of publication of any applicable rules and regulations or amendments thereto adopted pursuant to this chapter, within which to comply with the rules and standards.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-15. Investigations and subpoenas. (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.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-16. Cease and desist orders  Injunctions. Whenever it appears to the department that any person has engaged in, or is about to engage in, any act or practice constituting a violation of this chapter or any rule, regulation, or order issued under this chapter, the department may:  (1) Issue an order directed at any such person requiring him or her to cease and desist from engaging in the act or practice; and/or  (2) By application to a court of competent jurisdiction seek a permanent or temporary injunction or a restraining order to enforce compliance with this chapter or any rule, regulation, or order issued under this chapter.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-17. Penalties. Any person who willfully and knowingly violates any provision of this chapter, or any rule, regulation, or order issued under this chapter, shall be subject to payment of a fine in the sum of one thousand dollars ($1,000).  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-2. Registration. (a) Except as provided in  23-59-13, no provider shall engage in the business of providing or offering to provide continuing care at a facility in this state unless the provider has registered with the department with respect to the facility.  (b) A registration statement shall be filed with the department by the provider on forms prescribed by the department and shall include:  (1) All information required by the department pursuant to its enforcement of this chapter; and  (2) The initial disclosure statement required by  23-59-3.  (c) Registration shall be deemed complete if the department has not notified the provider of incompleteness within ninety (90) days of the filing.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-3. Disclosure statement. (a) The disclosure statement of each facility shall contain all of the following information unless the information is contained in the continuing care contract and a copy of that contract is attached to and made a part of the initial disclosure statement:  (1) The name and business address of the provider and a statement of whether the provider is a partnership, foundation, association, corporation, or other type of business or legal entity.  (2) Full information regarding ownership of the property on which the facility is or will be operated and of the buildings in which it is or will be operated.  (3) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in the provider, and a description of that persons interest in or occupation with the provider.  (4) For the provider, any person named in response to subsection (a)(3), or the proposed management, if the facility will be managed on a day-to-day basis by a person other than an individual directly employed by the provider:  (i) A description of any business experience in the operation or management of similar facilities.  (ii) The name and address of any professional service, firm, association, foundation, trust, partnership, or corporation or any other business or legal entity in which the person has, or which has in the person, a ten percent (10%) or greater interest and which it is presently intended will or may provide goods, leases, or services to the provider of a value of five hundred dollars ($500) or more, within any year, including:  (A) A description of the goods, leases, or services and the probable or anticipated cost thereof to the provider;  (B) The process by which the contract was awarded;  (C) Any additional offers that were received; and  (D) Any additional information requested by the department detailing how and why a contract was awarded.  (iii) A description of any matter in which the person:  (A) Has been convicted of a felony or pleaded nolo contendere to a felony charge, or been held liable or enjoined in a civil action by final judgment if the felony or civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property; or  (B) Is subject to an injunctive order of a court of record, or within the past five (5) years had any state or federal license or permit suspended or revoked as a result of an action brought by a governmental agency or department, arising out of or relating to business activity or health care, including without limitation actions affecting a license to operate a foster care facility, nursing home, retirement home, home for the aged, or facility registered under this chapter or similar laws in another state; or  (C) Is currently the subject of any state or federal prosecution or administrative investigation involving allegations of fraud, embezzlement, fraudulent conversion, or misappropriation of property.  (5) A statement as to:  (i) Whether the provider is or ever has been affiliated with a religious, charitable, or other nonprofit organization, the nature of any such affiliation, and the extent to which the affiliate organization is or will be responsible for the financial and contractual obligations of the provider; and  (ii) Any provision of the federal Internal Revenue Code, 26 U.S.C.  1 et seq., under which the provider is exempt from the payment of income tax.  (6) The location and description of the real property of the facility, existing or proposed, and to the extent proposed, the estimated completion date or dates of improvements, whether or not construction has begun and the contingencies under which construction may be deferred.  (7) The services provided or proposed to be provided under continuing care contracts, including the extent to which medical care is furnished or is available pursuant to any arrangement. The disclosure statement shall clearly state which services are included in basic continuing care contracts and which services are made available by the provider at extra charge.  (8) A description of all fees required of residents, including any entrance fees and periodic charges. The description shall include: (i) a description of all proposed uses of any funds or property required to be transferred to the provider or any other person prior to the residents occupancy of the facility and of any entrance fee, (ii) whether provisions exist for the escrowing and return of any such funds, property, or entrance fee and the manner and any conditions of return, and (iii) the manner by which the provider may adjust periodic charges or other recurring fees and any limitations on such adjustments. If the facility is already in operation, or if the provider operates one or more similar facilities within this state, there shall be included tables showing the frequency and average dollar amount of each increase in periodic rates at each facility for the previous five (5) years or such shorter period that the facility has been operated by the provider.  (9) Any provisions that have been made or will be made to provide reserve funding or security to enable the provider to fully perform its obligations under continuing care contracts, including the establishment of escrow accounts, trusts, or reserve funds, together with the manner in which such funds will be invested and the names and experience of persons who will make the investment decisions.  (10) Certified financial statements of the provider, including: (i) a balance sheet as of the end of the two (2) most recent fiscal years and (ii) income statements of the provider for the two (2) most recent fiscal years or such shorter period that the provider has been in existence.  (11) A pro forma income statement for the current fiscal year.  (12) If the operation of the facility has not yet commenced, a statement of the anticipated source and application of the funds used or to be used in the purchase or construction of the facility, including:  (i) An estimate of the cost of purchasing or constructing and equipping the facility including such related costs as financing expense, legal expense, land costs, occupancy development costs, and all other similar costs that the provider expects to incur or become obligated for prior to the commencement of operations.  (ii) A description of any mortgage loan or other long-term financing intended to be used for any purpose in the financing of the facility and of the anticipated terms and costs of the financing, including without limitation all payments of the proceeds of the financing to the provider, management, or any related person.  (iii) An estimate of the percentage of entrance fees that will be used or pledged for the construction or purchase of the facility, as security for long-term financing or for any other use in connection with the commencement of operation of the facility.  (iv) An estimate of the total entrance fees to be received from or on behalf of residents at or prior to commencement of operation of the facility.  (v) An estimate of the funds, if any, which are anticipated to be necessary to fund start-up losses and provide reserve funds to assure full performance of the obligations of the provider under continuing care contracts.  (vi) A projection of estimated income from fees and charges other than entrance fees, showing individual rates presently anticipated to be charged and including a description of the assumptions used for calculating the estimated occupancy rate of the facility and the effect on the income of the facility of any government subsidies for health care services to be provided pursuant to the continuing care contracts.  (vii) A projection of estimated operating expenses of the facility, including (i) a description of the assumptions used in calculating any expenses and separate allowances for the replacement of equipment and furnishings and anticipated major structural repairs or additions and (ii) an estimate of the percentage of occupancy required for continued operation of the facility.  (viii) Identification of any assets pledged as collateral for any purpose.  (ix) An estimate of annual payments of principal and interest required by the mortgage loan or other long-term financing.  (13) A description of the providers criteria for admission of new residents.  (14) A description of the providers policies regarding access to the facility and its services for nonresidents.  (15) Any other material information concerning the facility or the provider that may be required by the department or included by the provider.  (b) The disclosure statement shall state on its cover that the filing of the disclosure statement with the department does not constitute approval, recommendation, or endorsement of the facility by the department.  (c) A copy of the standard form or forms for continuing care contracts used by the provider shall be attached as an exhibit to each disclosure statement.  (d) If the department determines that the disclosure statement does not comply with the provisions of this chapter, it shall have the right to take action pursuant to  23-59-16.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-4. Availability of disclosure statement to prospective residents. At least three (3) days prior to the execution of a continuing care contract or the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever first occurs, the provider shall deliver to the person with whom the contract is to be entered into a copy of a disclosure statement with respect to the facility in question meeting all requirements of this chapter as of the date of its delivery.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-5. Annual disclosure statements. (a) Within four (4) months following the end of the providers fiscal year, each provider shall file with the department and make available by written notice to each resident at no cost an annual disclosure statement which shall contain the information required for the initial disclosure statement set forth in  23-59-3.  (b) The annual disclosure statement shall also be accompanied by a narrative describing any material differences between:  (1) The prior fiscal years pro forma income statement, and  (2) The actual results of operations during that fiscal year.  (c) The annual disclosure statement shall describe the disposition of any real property acquired by the provider from residents of the facility.  (d) In addition to filing the annual disclosure statement, the provider shall amend its currently filed disclosure statement at any other time if, in the opinion of the provider, an amendment is necessary to prevent the disclosure statement from containing any material misstatement of fact or failing to state any material fact required to be stated therein. Any amendment or amended disclosure statement shall be filed with the department before it is delivered to any resident or prospective resident and is subject to all the requirements of this chapter and the provider shall notify each resident of the existence of the amendment or amended disclosure statement.  (e) If the department determines that the disclosure statement does not comply with the provisions of this chapter, it shall have the right to take action pursuant to  23-59-16.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-6. Residents contract. (a) In addition to other provisions considered proper to effect the purpose of any continuing care contract, each contract executed on or after June 18, 1987 shall:  (1) Provide for the continuing care of only one resident, or for two (2) or more persons occupying space designed for multiple occupancy, under appropriate rules established by the provider.  (2) Show the value of all property transferred, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the resident or residents.  (3) Specify all services which are to be provided by the provider to each resident including, in detail, all items that each resident will receive and whether the items will be provided for a designated time period or for life and the estimated current monthly cost to the provider for providing the care. Such items may include, but are not limited to, food, shelter, nursing care, drugs, burial, and incidentals.  (4) Describe the physical and mental health and financial conditions, if any, upon which the provider may require the resident to relinquish his or her space in the designated facility.  (5) Describe the physical and mental health and financial conditions required for a person to continue as a resident.  (6) Describe the circumstances under which the resident will be permitted to remain in the facility in the event of financial difficulties of the resident.  (7) State:  (i) The current fees that would be charged if the resident marries while at the designated facility;  (ii) The terms concerning the entry of a spouse to the facility; and  (iii) The consequences if the spouse does not meet the requirements for entry.  (8) Provide that the provider shall not cancel any continuing care contract with any resident without good cause. Good cause shall be limited to:  (i) Proof that the resident is a danger to himself, herself, or others;  (ii) Nonpayment by the resident of a monthly or periodic fee;  (iii) Repeated conduct by the resident that interferes with other residents quiet enjoyment of the facility; or  (iv) Persistent refusal to comply with reasonable written rules and regulations of the facility. If a provider seeks to cancel a contract and terminate a residents occupancy, the provider shall give the resident written notice of, and a reasonable opportunity to cure within a reasonable period, whatever conduct is alleged to warrant the cancellation of the agreement. Nothing herein shall operate to relieve the provider from duties under chapter 18 of title 34 when seeking to terminate a residents occupancy.  (9) Provide in clear and understandable language, in print no smaller than the largest type used in the body of the contract, the terms governing the refund of any portion of the entrance fee and the terms under which entrance fees can be used by the provider.  (10) State the terms under which a contract is cancelled by the death of the resident. The contract may contain a provision to the effect that, upon the death of the resident, the money paid for the continuing care of the deceased resident shall be considered earned and become the property of the provider. When more than one individual shares a residential unit, the contract shall set forth the effect that the death of one resident will have on the agreement between the other resident or residents and the provider.  (11) Provide for at least thirty (30) days advance notice to the resident, before any change in fees, charges, or the scope of care or services may be effective, except for changes required by state or federal assistance programs.  (12) Provide that charges for care paid in one lump sum shall not be increased or changed during the duration of the agreed upon care, except for changes required by state or federal assistance programs.  (b) A resident shall have the right to rescind a continuing care contract, without penalty or forfeiture, within seven (7) days after making an initial deposit or executing the contract. A resident shall not be required to move into the facility designated in the contract before the expiration of that seven (7) day period.  (c) If a resident dies before occupying the facility, or is precluded through illness, injury, or incapacity from becoming a resident under the terms of the continuing care contract, the contract is automatically rescinded, and the resident or his or her legal representative shall receive a full refund of all money paid to the provider, except those costs specifically incurred by the provider at the request of the resident and set forth in writing in a separate addendum, signed by both parties to the contract.  (d) No standard continuing care contract form shall be used in this state until it has been submitted to the department. If the department determines that the contract does not comply with the provisions of this chapter, it shall have the right to take action pursuant to  23-59-16 to prevent its use. The failure of the department to object to or disapprove of any contract shall not be evidence that the contract does or does not comply with the provisions of this chapter. However, individualized amendments to any standard form need not be filed with the department.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-7. Sale or transfer of ownership or change in management. (a) No provider and no person or entity owning a provider shall sell or transfer, directly or indirectly, more than fifty percent (50%) of the ownership of the provider or of a continuing care facility without giving the department written notice of the intended sale or transfer at least thirty (30) days prior to the consummation of the sale or transfer. A series of sales or transfers to one person or entity, or one or more entities controlled by one person or entity, consummated within a six (6) month period that constitutes, in the aggregate, a sale or transfer of more than fifty percent (50%) of the ownership of a provider or of a continuing care facility shall be subject to the foregoing notice provisions.  (b) A provider or continuing care facility that shall change its chief executive officer, or its management firm if managed under a contract with a third party, shall promptly notify the department and the residents of each change of chief executive officer or management firm.  History of Section.P.L. 1987, ch. 101,  1; P.L. 1997, ch. 326,  92. 
 23-59-8. Financial instability. The department may act as authorized by  23-59-16 to protect residents or prospective residents when the department determines that: (1) A provider has been or will be unable, in such a manner as may endanger the ability of the provider to fully perform its obligations pursuant to its continuing care contracts, to meet the pro forma income or cash flow projections previously filed by the provider; or  (2) A provider is bankrupt, insolvent, under reorganization pursuant to federal bankruptcy laws, or in imminent danger of becoming bankrupt or insolvent.  History of Section.P.L. 1987, ch. 101,  1. 
 23-59-9. Waivers. 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.  History of Section.P.L. 1987, ch. 101,  1. 
 23-6.1-1. Declaration of policy. The legislature finds that there is a need to train public high school students in the life-saving technique known as cardiopulmonary resuscitation (CPR). In order to initiate this program, it is the purpose of this chapter to provide for the establishment of a pilot program of training to be administered by the department of elementary and secondary education.  History of Section.P.L. 1981, ch. 148,  1. 
 23-6.1-2. Cardiopulmonary resuscitation training program established. (a) The department of elementary and secondary education shall establish a cardiopulmonary resuscitation (CPR) training program for public high schools in the state. This program shall be conducted for a one-year pilot period and shall be coordinated by the department of elementary and secondary education.  (b) The training program shall be conducted in ten (10) public high schools during the year that the state pilot program is in existence.  History of Section.P.L. 1981, ch. 148,  1. 
 23-6.1-3. Criteria and requirements of program. The American Heart Association, Rhode Island Affiliate, Inc., shall submit the requirements and criteria for the cardiopulmonary resuscitation (CPR) training program to the department of elementary and secondary education for approval.  History of Section.P.L. 1981, ch. 148,  1. 
 23-6.1-4. Promulgation of guidelines. The department of elementary and secondary education shall promulgate program guidelines and take any other actions that will promote the full implementation of all provisions of this chapter. A copy of the program guidelines issued by the department shall be sent to all participating high schools in the state.  History of Section.P.L. 1981, ch. 148,  1. 
 23-6.1-5. Appropriations. The general assembly shall appropriate the sum of fifteen thousand dollars ($15,000), to be administered by the department of elementary and secondary education, to carry out the purpose of this chapter, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum or so much of that sum as may be required from time to time, upon receipt by him or her of proper vouchers duly authenticated.  History of Section.P.L. 1981, ch. 148,  1. 
 23-6.2-1. Declaration of policy. (a) The legislature recognizes the work of the American Heart Association in establishing that heart disease is a leading cause of death in this country as over three hundred and fifty thousand (350,000) Americans, including three thousand (3,000) Rhode Islanders, die from sudden cardiac arrest every year. Rhode Islanders currently have a survival rate of over five percent (5%) to ten percent (10%) in instances of sudden cardiac arrests occurring outside of hospitals.  (b) Greater public access to defibrillation devices may increase the rate of survival in those instances by up to forty-four percent (44%).  (c) It is the intent and purpose of this chapter to provide greater public access to defibrillators by distributing those devices to law enforcement and safety personnel throughout the state.  History of Section.P.L. 1998, ch. 82,  1. 
 23-6.2-2. State to provide and distribute defibrillators. On or after September 30, 1998, the Rhode Island municipal police academy, after consultation with the coalition for public safety defibrillators, shall provide two (2) defibrillators for distribution to each and every city or town in the state, one defibrillator to the State House, one defibrillator to each campus of the University of Rhode Island, one defibrillator to Rhode Island College, and one defibrillator to each campus of the Community College of Rhode Island. On or after July 1, 1999, thirty-five (35) defibrillators shall be provided to the Rhode Island state police; two (2) defibrillators to the Licht Judicial Complex, two (2) defibrillators to the Garrahy Judicial Complex, two (2) defibrillators to the Kent County Leighton Judicial Complex, one defibrillator to the Washington County McGrath Judicial Complex, one defibrillator to the Newport County Murray Judicial Complex, and fifty (50) automated external defibrillators to cities or towns within the state based upon current deployment levels of automated external defibrillators, population, and geographic need. These devices shall be placed in the possession of the chief and/or the highest ranking member of the municipalitys police department, the Rhode Island state police, the capitol police in the State House, the sheriffs department in each county judicial complex, the director of public safety or the chief of the campus police at the University of Rhode Island, the director of public safety or the chief of the department of security and safety at Rhode Island College, the director of public safety or the chief of campus police at the Community College of Rhode Island, or the Rhode Island state police in those municipalities where the state police provide law enforcement service, to be deployed by that officer in the manner in which he or she determines will best promote the availability of and access to the defibrillator by the general public. Provided that one or both defibrillators may be deployed to the municipalitys fire department if the police chief determines that that deployment would best promote the intent and purpose of this chapter. These defibrillators will at all times be deployed and used in accordance with all applicable federal and state statutes. The Rhode Island municipal police academy will, in consultation with the coalition for public safety defibrillation, also provide training in cardiopulmonary resuscitation and automated external defibrillator use for all law enforcement personnel serving the municipalities and agencies referenced in this section to which automated external defibrillators have been provided.  History of Section.P.L. 1998, ch. 82,  1; P.L. 1999, ch. 185,  1; P.L. 2000, ch. 209,  1; P.L. 2000, ch. 258,  1. 
 23-6.3-1. Purpose. The purpose of this chapter is to reduce vulnerability to HIV/AIDS transmission, protect persons who are infected with HIV from discrimination, ensure informed consent for testing, and to provide consistent terms and standards within this title and as applicable to chapters 34.1 and 37 of title 11, chapter 28 of title 21, and chapter 24 of title 40.1.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1; P.L. 2010, ch. 239,  18. 
 23-6.3-10. Notification of disclosure. (a) In all cases when an individuals HIV test results are disclosed to a third-party, other than a person involved in the care and treatment of the individual, and except as permitted by  23-6.3-7 (permitted disclosures re: confidentiality), and permitted by and disclosed in accordance with the Federal Health Insurance Portability and Accountability Act of 1996 (Public law 104-191) enacted on August 21, 1996 and as thereafter amended, the person so disclosing shall make reasonable efforts to inform that individual in advance of:  (1) The nature and purpose of the disclosure;  (2) The date of disclosure;  (3) The recipient of the disclosed information.  (b) Healthcare providers may inform third-parties with whom an HIV infected patient is in close and continuous exposure related contact, including, but not limited to a spouse and/or partner, if the nature of the contact, in the healthcare providers opinion, poses a clear and present danger of HIV transmission to the third-party, and if the physician has reason to believe that the patient, despite the healthcare providers strong encouragement, has not and will not inform the third-party that they may have been exposed to HIV.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1; P.L. 2010, ch. 239,  18. 
 23-6.3-11. Discrimination prohibited. No person, agency, organization, or legal entity may discriminate against an individual on the basis of a positive HIV test result, or perception of a positive test, in housing, education, employment, the granting of credit, public accommodation, or delivery of services, nor shall an HIV test be required as a condition of employment.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-12. Administrative relief. Any individual who believes that he or she has been unlawfully discriminated against in housing, education, employment, the granting of credit, public accommodations, or delivery of services on the basis of a positive HIV test, or perception of a positive test, may bring action for administrative relief before the Rhode Island human rights commission; and that commission may hear the matter and grant relief in those cases.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-13. HIV Counseling, Testing, Referral and Services Sites (HIV CTRS). The department shall designate and fund HIV CTRS sites, for providing both anonymous and confidential HIV testing and HIV counseling and referral services.  Anonymous and confidential HIV testing provided by HIV CTRS sites funded by the department shall screen individuals for their ability to pay for such HIV testing, using a fee schedule and screening process available to the department on request. HIV CTRS sites shall not deny HIV testing to any individual based on his or her inability to pay.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-14. Reporting and notification of HIV/AIDS. (a) Except in the case of anonymous HIV testing, a diagnosis of HIV or AIDS shall be notifiable and reportable to the department by name.  The following shall be reported to the department: (1) A diagnosis of HIV, according to the most current CDC case definition of HIV.  (2) A diagnosis of AIDS, according to the most recent CDC case definition of AIDS.  (3) A positive ELISA result of any HIV test and/or other FDA approved test indicative of the presence of HIV.  (4) Notification of a perinatal exposure to HIV shall be made to the department regardless of confirmatory testing. A perinatal case report for HIV shall be indicated by two (2) positive polymerase chain reaction (PCR) tests; < 18 months; and/or other U.S. Food and Drug Administration approved tests that indicate the presence of HIV in pediatric cases.  (b) The following persons shall report information required by this section to the department:  (1) A healthcare provider who diagnoses or treats HIV/AIDS;  (2) The administrator of a healthcare facility as defined in chapter 17 of this title who diagnoses or treats HIV/AIDS; or  (3) The administrator of a prison in which there is an HIV/AIDS infected individual or perinatal exposure to HIV/AIDS.  (c) A person responsible for the administration of a clinical or hospital laboratory, blood bank, mobile unit, or other facility in which a laboratory examination of any specimen derived from a human body yields serological, or other evidence of HIV/AIDS, including perinatal exposure to HIV/AIDS shall notify the department in a timely manner.  (d) All positive HIV test results shall be confirmed with a Western Blot or other FDA approved confirmatory test.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-15. Laboratory analyses and reporting. (a) All biological samples or specimens taken for the purpose of performing laboratory analysis for the detection of antibody to HIV, by or under the direction or order of any healthcare provider working within the scope of his or her practice, shall be sent to the department of health laboratory for analysis. This provision shall not apply to those HIV tests performed in a hospital laboratory, clinical laboratories as defined in  23-16.2-2 with testing facilities located in Rhode Island, or to those sites performing rapid HIV testing.  (b) Hospitals shall forward all positive confirmatory HIV test results to the department. All sites performing HIV testing must submit an annual HIV testing report to the department in accordance with regulations promulgated by the department.  (c) The department laboratory shall conduct all confirmatory testing for HIV/AIDS with the exception of written waivers issued by the department as indicated in subsection (d) below.  (d) Sites performing non-venapuncture HIV testing (e.g., rapid testing) must seek a waiver from the department to provide confirmatory HIV testing from a laboratory other than the state laboratory, and shall forward all positive and negative confirmatory HIV tests results to the department.  (e) Except in the case of anonymous HIV testing, a healthcare provider working within the scope of his or her practice providing samples of specimens for HIV testing, or results of HIV tests to the department, shall include the name of the patient and other identifying information including information related to the individuals health insurance policy as applicable.  (f) Any HIV cases reported in the previous code-based system shall remain in a code-based data set. This does not prohibit a physician from submitting or requesting that an updated name case report on a patient replace a previously coded case report.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1; P.L. 2021, ch. 80,  1, effective June 24, 2021; P.L. 2021, ch. 81,  1, effective June 24, 2021. 
 23-6.3-16. Insurance exemption. (a) Sections 23-6.3-1  23-6.3-14 do not apply to the offering or sale of life insurance in Rhode Island; provided, however, that any insurance company offering or selling life insurance within Rhode Island that requires an individual to be tested for infection with human immunodeficiency virus (HIV) or any other identified causative agent of HIV for purposes of determining insurability shall: (1) Give that individual prior written notice of those requirements; (2) Proceed with that testing only upon the written authorization of the individual or in the event the individual is a minor, the individuals parent or guardian; and (3) Notify the tested person of his or her positive or negative test results. If the person has a positive test result he or she must receive appropriate information and referral from the insurance company. Notwithstanding anything in this chapter to the contrary, life insurance companies offering or selling life insurance in Rhode Island may otherwise obtain or disclose HIV test results in accordance with this chapter. Nothing in this chapter prohibits that company from collecting data for statistical purposes, so long as the insured is not identified. However, nothing in this section shall be construed to permit that insurance company to cancel or refuse to renew a life insurance policy that by its terms has not lapsed on the basis of a positive HIV test result.  (b) The provisions of this chapter apply to the offer or sale of health benefits in this state by any company regulated under the laws of this state, including, but not limited to, title 27 and chapter 62 of title 42, provided, however, this chapter does not apply to the following:  (1) Individual health benefit policies;  (2) Small group health benefits plans, i.e., groups having fewer than twenty-five (25) employees eligible to participate in an employer sponsored plan, or, in the case of non-employer groups, a group having fewer than twenty-five (25) employees;  (3) Late entrants into any group health benefits plan, regardless of the size of the group. A late entrant shall be defined as any individual who does not enroll into a health plan when first eligible under the plan, but who later seeks coverage under the group plan;  (4) Where an individual seeks to become eligible for an amount of group disability income benefit, which benefit would be in excess of the insurers non-medical maximum as defined under the group plan.  (c) Any company offering or selling health benefits in this state and regulated under the laws of this state that requires an individual to be tested for infection with HIV or any other identified causative agent of HIV as permitted in paragraphs (2)(i) to (iv) for purposes of determining insurability shall: (1) Give that individual prior written notice of those requirements; and (2) Proceed with that testing only upon the written authorization of the individual, or in the event the individual is a minor, the individuals parent or guardian. Notwithstanding anything in this chapter to the contrary, companies offering or selling health benefits in this state may otherwise obtain or disclose HIV test results in accordance with this chapter. Nothing in this chapter shall prohibit that company from collecting data for statistical purposes so long as the identity of the insured may not be determined from the information released.  (d) Nothing in this chapter shall be construed to permit any company that offers or sells health benefits in this state to cancel or refuse to renew a health benefit, which has not by its terms lapsed, on the basis of a positive HIV test result.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-17. Rules and regulations. The director is authorized to promulgate regulations as he or she deems necessary or desirable to implement the provisions of this chapter, in accordance with the provisions set forth in  23-1-17 and chapter 35 of title 42.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-18. Severability. If any provision of this chapter is held by a court to be invalid, that invalidity shall not affect the remaining provisions of the chapter, and to this end the provisions of the chapter are declared severable.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-19. Construction of the chapter. This chapter shall be liberally construed to accomplish the purposes sought in it. History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-2. Definitions. As used in this chapter the following words shall have the following meanings: (1) Agent means a person empowered by the patient to assert or waive the confidentiality, or to disclose or consent to the disclosure of confidential information, as established by chapter 37.3 of title 5, as amended, entitled Confidentiality of Health Care Communications and Information Act.  (2) AIDS means the medical condition known as acquired immune deficiency syndrome, caused by infection of an individual by the human immunodeficiency virus (HIV).  (3) Anonymous HIV testing means an HIV test that utilizes a laboratory generated code based system, which does not require an individuals name or other identifying information that may reveal ones identity, including information related to the individuals health insurance policy, to be associated with the test.  (4) Antibody means a protein produced by the body in response to specific foreign substances such as bacteria or viruses.  (5) Community-based organization means an entity that has written authorization from the department for HIV counseling, testing and referral services (HIV CTRS).  (6) Confidential HIV testing means an HIV test that requires the individuals name and other identifying information including information related to the individuals health insurance policy, as appropriate.  (7) Consent means an explicit exchange of information between a person and a healthcare provider or qualified professional HIV test counselor through which an informed individual can choose whether to undergo HIV testing or decline to do so. Elements of consent shall include providing each individual with verbal or written information regarding an explanation of HIV infection, a description of interventions that can reduce HIV transmission, the meanings of positive and negative test results, the voluntary nature of the HIV testing, an opportunity to ask questions and to decline testing.  (8) Controlled substance means a drug, substance, or immediate precursor in schedules I-V listed in the provisions of chapter 28 of title 21 entitled, Uniform Controlled Substances Act.  (9) Department means the Rhode Island department of health.  (10) Diagnosis of AIDS means the most current surveillance case definition for AIDS published in the Centers for Disease Control & Prevention (CDC).  (11) Diagnosis of HIV means the most current surveillance case definition for HIV infection published in the CDCs (MMWR).  (12) Director means the director of the Rhode Island department of health.  (13) ELISA result means enzyme-linked immunosorbent assay or EIA (enzyme immunoassay) which is a serologic technique used in immunology to detect the presence of either antibody or antigen.  (14) Health benefits include accident and sickness, including disability or health insurance, health benefit plans and/or policies, hospital, health, or medical service plans, or any health maintenance organization plan pursuant to title 27 or otherwise.  (15) Healthcare facility means those facilities licensed by the department in accordance with the provisions of chapter 17 of this title.  (16) Healthcare provider, as used herein, means a licensed physician, physician assistant, certified nurse practitioner or midwife.  (17) Healthcare settings means venues offering clinical STD services including, but not limited to, hospitals, urgent care clinics, STD clinics and other substance abuse treatment facilities, mental health treatment facilities, community health centers, primary care and OB/GYN physician offices, and family planning providers.  (18) HIV means the human immunodeficiency virus, the pathogenic organism responsible for HIV infection and/or the acquired immunodeficiency syndrome (AIDS) in humans.  (19) HIV CD4 T-lymphocyte test result means the results of any currently medically accepted and/or FDA approved test used to count CD4 T-lymphatic cells in the blood of an HIV-infected person.  (20) HIV counseling means an interactive process of communication between a person and a healthcare provider or qualified professional HIV test counselor during which there is an assessment of the persons risks for HIV infection and the provision of counseling to assist the person with behavior changes that can reduce risks for acquiring HIV infection.  (21) HIV screening means the conduct of HIV testing among those who do not show signs or symptoms of an HIV infection.  (22) HIV test means any currently medically accepted and/or FDA approved test for determining HIV infection in humans.  (23) Occupational health representative means a person, within a healthcare facility, trained to respond to occupational, particularly blood borne, exposures.  (24) Opts out means that a person who has been notified that a voluntary HIV test will be performed, has elected to decline or defer testing. Consent to HIV testing is inferred unless the individual declines testing.  (25) Perinatal case report for HIV means the information that is provided to the department related to a child aged less than eighteen (18) months born to an HIV-infected mother and the child does not meet the criteria for HIV infection or the criteria for not infected with HIV as defined in the most current surveillance case definition for HIV infection published by the CDC.  (26) Person means any individual, trust or estate, partnership, corporation (including associations, joint stock companies), limited liability companies, state, or political subdivision or instrumentality of a state.  (27) Persons at high risk for HIV infection means persons defined as being high risk in the CDCs most current recommendations for HIV testing of adults, adolescents and pregnant women in healthcare settings or through authority and responsibilities conferred on the director by law in protecting the publics health.  (28) Polymerase chain reaction (PCR) test means a common laboratory method of creating copies of specific fragments of DNA or RNA.  (29) Qualified professional HIV test counselor means: (i) A physician, physician assistant, certified nurse practitioner, midwife, or nurse licensed to practice in accordance with applicable state law; (ii) A medical student who is actively matriculating in a medical degree program and who performs duties assigned to them by a physician; or (iii) A person who has completed an HIV counseling training program, in accordance with regulations hereunder promulgated.  (30) Sexually transmitted diseases (STDs) means those diseases included in  23-11-1, as amended, entitled Sexually Transmitted Diseases, and any other sexually transmitted disease that may be required to be reported by the department.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-3. HIV screening and testing of adults, adolescents, and pregnant women. (a) This section shall pertain to patients in all healthcare settings and HIV CTRS sites.  (b) HIV screening and testing shall be based on the most current recommendations for HIV counseling, testing and referral of adults, adolescents and pregnant women issued by the CDC. Provided, however, those guidelines shall be interpreted by the department so as to best serve the individuals and patients receiving HIV testing, and shall in no event be interpreted or implemented in a manner inconsistent with the minimum informed consent standards and other provisions and protections of state law and regulations.  (c) All individuals who desire anonymous HIV testing shall be referred to an HIV CTRS site funded by the department that provides anonymous HIV testing.  (d) All healthcare settings and HIV CTRS sites shall develop protocols that include no less than the following: assessment for individuals at high risk for HIV infection; frequency of HIV testing; communication of HIV test results; and post-test linkages to needed care and support services.  (e) Those adults, adolescents and pregnant women who test positive for HIV infection shall be given priority for outpatient substance abuse treatment programs that are sponsored or supported by the appropriate state agency responsible for these services, and those who test negative for HIV infection shall be referred to the appropriate state agency responsible for these services for earliest possible evaluation and treatment.  (f) A positive test result must be given in person. Persons testing positive for HIV must also be provided with linkages and referrals to HIV-related counseling, health care and support.  (g) All persons tested under this section shall be informed of the results of the HIV test.  (h) Consent and providing information for HIV testing:  (1) Except as provided in  23-6.3-4, HIV screening shall be voluntary, free from coercion, incorporated into routine medical testing, and undertaken only with the individuals knowledge and understanding that HIV testing will be performed.  (2) No person shall order the performance of an HIV test without first: (i) Providing the information and opportunity for discussion or counseling set forth in this section; (ii) Informing the patient that he or she has a right to decline testing; and (iii) Obtaining the oral consent of the patient to be tested or of a person authorized to consent to health care for such individual. Said consent and exchange of HIV information shall be documented in the patients medical record.  (3) A physician or healthcare provider may tailor HIV counseling to best meet the needs of the individual to be tested. Decisions concerning patient-specific tailoring and the extent of pre-test counseling shall be made on a case-by-case basis.  (4) In no event shall a patient be tested for HIV pursuant to this section without first being provided with verbal or written information that includes the following:  (i) An explanation of HIV infection;  (ii) A description of interventions that can reduce HIV transmission;  (iii) The meanings of positive and negative test results;  (iv) The possibility that a recent infection may not be detected; and  (v) An opportunity to ask questions and to decline testing.  (i) For pregnant women:  (1) HIV screening shall be incorporated as part of routine prenatal testing for all pregnant women as early and often as appropriate during each pregnancy after the patient has been notified that voluntary testing, in accordance with the consent and information requirements of subsection (h), will be performed unless the patient opts out.  (2) Any woman with an undocumented HIV test status in her record at the time of labor and/or delivery shall be screened with an HIV test in accordance with the consent and information requirements of subsection (h), unless she opts out.  (3) A newborn shall be tested as soon as possible at delivery without the mothers consent if the mothers HIV status is not documented, provided that:  (i) Reasonable efforts have been made to secure voluntary consent from the mother to test the newborn; and  (ii) A mother is informed that HIV antibodies in the newborn indicate that the mother is infected with HIV.  (j) The department shall provide guidance and access to written information to be used for the purposes of this section. This information shall notify the patients about risk-reduction strategies; the merits of repeat HIV and STD testing; and the availability of counseling and HIV prevention services. Informational materials shall be easily understandable and made available in Spanish and in other languages as appropriate to assure that the information presented is in a format that the individual can understand. Interpreters and bilingual staff shall demonstrate competency in providing language assistance to patients with limited English proficiency. Family or friends shall not be used as language interpreters.  (k) A distinction shall be made between anonymous and confidential HIV testing. To protect the anonymity of patients tested anonymously, written consent shall not be offered as an option to verbal informed consent in anonymous testing.  (l) In accordance with chapter 8 of this title, individuals under eighteen (18) years of age may give legal consent for testing, examination, and/or treatment for any reportable communicable disease, including HIV.  (m) The department shall initiate medical provider training sessions, develop standardized materials to support more universal testing, utilize community input to create implementation plans, and evaluate the impact of this section.  (n) No physician or healthcare provider shall discriminate against a patient because he or she is HIV positive or has declined to take an HIV test.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-4. Exceptions to consent requirements. (a) A healthcare provider may test for the presence of HIV without obtaining consent from the individual to be tested under the following conditions:  (1) When the individual to be tested is under one year of age;  (2) When a child between one and thirteen (13) years of age appears to be symptomatic for HIV;  (3) When the individual to be tested is a minor under the care and authority of the department of children, youth and families, and the director of that department certifies that an HIV test is necessary to secure health or human services for that individual;  (4) In a licensed healthcare facility or healthcare setting, in the event that an occupational health representative or physician, registered nurse practitioner, physician assistant, or nurse-midwife, not directly involved in the exposure, determines that an employee or emergency service worker, other than one in a supervisory position to the person making the determination, had a significant exposure to the blood and/or body fluids of a patient and the patient or the patients guardian refuses to grant consent for an HIV test to determine whether the patient has HIV, then, if a sample of the patients blood is available, that blood shall be tested for HIV.  (i) If a sample of the patients blood is not otherwise available and the patient refuses to grant consent to draw blood, the employee or emergency service worker may petition the superior court for a court order mandating that the test be performed.  (ii) Before a patient or a sample of the patients blood is required to undergo an HIV test, the employee or emergency service worker must submit to a baseline HIV test within seventy-two (72) hours of the exposure.  (iii) No person who determines that an employee or emergency service worker has sustained a significant exposure and authorizes the HIV testing of a patient, nor any person or healthcare facility who acts in good faith and recommends the test be performed, shall have any liability as a result of their actions carried out under this chapter, unless those persons are proven to have acted in bad faith.  (iv) For the purposes of this section, emergency service worker means a worker responding on behalf of a licensed ambulance/rescue service, or a fire department or a law enforcement agency, who, in the course of his/her professional duties, has been exposed to bodily fluids in circumstances that present a significant risk of transmission of HIV, and has completed a pre-hospital exposure form in accordance with  23-4.1-19.  (5) In an emergency, where due to a grave medical or psychiatric condition, and it is impossible to obtain consent from the patient or, if applicable under state law, the patients parent, guardian, or agent.  (6) As permitted under  23-1-38 entitled HIV Antibody Testing-Sperm Collection or Donation.  (7) Any individual convicted of a violation of any provisions of chapter 34.1 of title 11 entitled Commercial Sexual Activity, shall be required to be tested for HIV unless already documented HIV positive. All individuals tested under this section shall be informed of their test results. All individuals tested under this section who are determined to be injecting and/or intra-nasal drug users shall be referred to appropriate substance abuse treatment as outlined in  23-6.3-3(e).  (8) Any individual convicted of possession of any controlled substance as defined in chapter 28 of title 21 entitled Uniform Controlled Substances Act, that has been administered with a hypodermic instrument, retractable hypodermic syringe, needle, intra-nasally, or any similar instrument adapted for the administration of drugs shall be required to be tested for HIV unless already documented HIV positive.  (9) All individuals tested under this section shall be informed of their test results.  (10) In accordance with the provisions of chapter 37 of title 11, entitled, Sexual Assault, any individual who has admitted to or been convicted of or adjudicated wayward or delinquent by reason of having committed any sexual offense involving penetration whether or not a sentence or fine is imposed or probation granted, shall be ordered by the court upon petition of the victim, immediate family members of the victim or legal guardian of the victim, to submit to a blood test for the presence of a sexually transmitted disease including, but not limited to, HIV. All individuals tested under this section shall be informed of their test results.  (11) In accordance with the provisions or  42-56-37, entitled HIV Testing, every individual who is committed to the adult correctional institutions to any criminal offense, after conviction, is required to be tested for HIV.  (b) It is unlawful for any person to disclose to a third party the results of an individuals HIV test without the prior written consent of that individual, except in accordance with  23-6.3-7.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1; P.L. 2010, ch. 239,  18. 
 23-6.3-5. Reasonable efforts to secure consent. No involuntary testing for HIV shall take place under any of the exceptions set forth in  23-6.3-4, unless reasonable efforts have been made to: (1) Secure voluntary consent from the individual to be tested, or in the case of a minor patient, from the legal parent or guardian of the minor patient; and (2) Provide verbal or written information as specified in  23-6.3-3(h).  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-6. Due process  Right to bring suit. Nothing in  23-6.3-1 to 23-6.3-16 shall be construed to limit or deprive any person of his or her right to due process of law, or to bar an action of relief and/or damages before a court of competent jurisdiction.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-7. Confidentiality. (a) It is unlawful for any person to disclose to a third-party the results of an individuals HIV test without the prior written consent of that individual, except for:  (1) A licensed laboratory or other healthcare facility that performs HIV tests shall report test results to the healthcare provider who requested the test and to the director.  (2) A healthcare provider shall enter HIV test results in the patients medical record.  (3) Notification to the director of the department of children, youth and families, pursuant to subdivision 23-6.3-4(3).  (4) As provided in chapter 37.3 of title 5,  40.1-5-26,  23-6.3-10 and 23-6.3-14 or as otherwise permitted by law.  (5) By a healthcare provider to appropriate persons entitled to receive notification of individuals with infectious or communicable diseases pursuant to  23-5-9 and 23-28.36-3.  (b) This chapter shall not be construed to interfere with any other federal or state laws or regulations that provide more extensive protection than provided in this chapter for the confidentiality of healthcare information.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-8. Protection of records. (a) Providers of health care, public health officials, and any other person who maintains records containing information on HIV test results of individuals are responsible for maintaining full confidentiality of this data and shall take appropriate steps for their protection, including:  (1) Keeping records secure at all times and establishing adequate confidentiality safeguards for any records electronically stored;  (2) Establishing and enforcing reasonable rules limiting access to these records; and  (3) Training persons who handle records in security objectives and technique.  (b) The department shall evaluate reports of HIV/AIDS for completeness and potential referrals for service. All case reports shall be kept in a confidential and secure setting. An HIV/AIDS policy and protocol for security shall be developed and implemented by the department for this purpose.  (c) The department shall evaluate its procedures for HIV/AIDS reporting on a continuous basis for timeliness, completeness of reporting, and security of confidential information.  (d) The department shall develop a protocol that shall be in accordance with the most recent recommendations of the CDCs Guidelines for National Human Immunodeficiency Virus Case Surveillance, including monitoring for Human Immunodeficiency Virus infection and Acquired Immunodeficiency Syndrome, pertaining to patient records and confidentiality; provided, however, that in no event shall the protocol be less protective than that required by state law.  (e) All reports and notifications made pursuant to this section shall be confidential and protected from release except under the provisions of law. Any person aggrieved by a violation of this section shall have a right of action in the superior court and may recover for each violation.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.3-9. Penalties and remedies. The penalties and remedies contained in chapter 37.3 of title 5 entitled Confidentiality of Health Care Communications and Information shall apply to violations of  23-6.3-7 confidentiality and 23-6.3-8 protection of records.  History of Section.P.L. 2009, ch. 196,  1; P.L. 2009, ch. 289,  1. 
 23-6.4-1. Definitions. As used in this chapter: (1) Administer means the direct application of an epinephrine auto-injector to the body of an individual.  (2) Authorized entity means any entity or organization at, or in connection with, where allergens capable of causing anaphylaxis may be present, as identified by the department of health. The department shall, through rule or other guidance, identify the types of entities and organizations that are considered authorized entities no later than January 1, 2015, and shall review and update such rule or guidance at least annually thereafter.  (3) Authorized healthcare provider means a physician, nurse, or other person duly authorized by law, in the state in which they practice, to prescribe drugs.  (4) Epinephrine auto-injector means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.  (5) Provide means the supplying of one or more epinephrine auto-injectors to an individual.  (6) Self-administration means a persons discretionary use of an epinephrine auto-injector.  History of Section.P.L. 2014, ch. 514,  1. 
 23-6.4-2. Prescribing to an authorized entity permitted. An authorized healthcare provider may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.  History of Section.P.L. 2014, ch. 514,  1. 
 23-6.4-3. Designated entities permitted to maintain supply. An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this chapter. Such epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injectors instructions for use and any additional requirements that may be established by the department of health. An authorized entity shall designate employees or agents who have completed the training required by  23-6.4-6 to be responsible for the storage, maintenance, and general oversight of epinephrine auto-injectors acquired by the authorized entity.  History of Section.P.L. 2014, ch. 514,  1; P.L. 2016, ch. 512, art. 1,  11. 
 23-6.4-4. Use of epinephrine auto-injectors. An employee or agent of an authorized entity, or other individual, who has completed the training required by  23-6.4-6, may, on the premises of or in connection with the authorized entity, use epinephrine auto-injectors prescribed pursuant to  23-6.4-2 to:  (1) Provide an epinephrine auto-injector to any individual who, the employee, agent, or other individual, believes in good faith is experiencing anaphylaxis, for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.  (2) Administer an epinephrine auto-injector to any individual who, the employee, agent, or other individual, believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.  History of Section.P.L. 2014, ch. 514,  1; P.L. 2016, ch. 512, art. 1,  11. 
 23-6.4-5. Expanded availability. An authorized entity that acquires a stock supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this chapter, may make such epinephrine auto-injectors available to individuals other than those trained individuals described in  23-6.4-6, and such individuals may administer such epinephrine auto-injector to any individual believed in good faith to be experiencing anaphylaxis, if the epinephrine auto-injectors are stored in a locked, secure container and are made available only upon remote authorization by an authorized healthcare provider after consultation with the authorized healthcare provider by audio, televideo, or other similar means of electronic communication. Consultation with an authorized healthcare provider for this purpose shall not be considered the practice of telemedicine or otherwise be construed as violating any law or rule regulating the authorized healthcare providers professional practice.  History of Section.P.L. 2014, ch. 514,  1; P.L. 2016, ch. 512, art. 1,  11. 
 23-6.4-6. Training. An employee, agent, or other individual described in  23-6.4-4 must complete an anaphylaxis training program prior to providing or administering an epinephrine auto-injector made available by an authorized entity. Such training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment, or an entity or individual approved by the department of health. Training may be conducted online or in person and, at a minimum, shall cover:  (1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;  (2) Standards and procedures for the storage and administration of an epinephrine auto-injector; and  (3) Emergency follow-up procedures.  The entity that conducts the training shall issue a certificate, on a form developed or approved by the department of health, to each person who successfully completes the anaphylaxis training program.  History of Section.P.L. 2014, ch. 514,  1; P.L. 2016, ch. 512, art. 1,  11. 
 23-6.4-7. Good Samaritan protections. An authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other trained individuals; a person who uses an epinephrine auto-injector made available pursuant to  23-6.4-5; an authorized healthcare provider who prescribes epinephrine auto-injectors to an authorized entity; and an individual or entity that conducts the training described in  23-6.4-6, shall not be liable for any civil damages that result from the administration or self-administration of an epinephrine auto-injector; the failure to administer an epinephrine auto-injector; or any other act or omission taken pursuant to this chapter; provided, however, this immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct. The administration of an epinephrine auto-injector in accordance with this chapter is not the practice of medicine. This section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law. An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector by its employees or agents outside of this state if the entity or its employee or agent:  (1) Would not have been liable for such injuries or related damages had the provision or administration occurred within this state; or  (2) Are not liable for such injuries or related damages under the law of the state in which such provision or administration occurred.  History of Section.P.L. 2014, ch. 514,  1; P.L. 2016, ch. 512, art. 1,  11. 
 23-6.4-8. Reporting. An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the department of health, on a form developed by the department of health, a report of each incident on the authorized entitys premises that involves the administration of an epinephrine auto-injector. The department of health shall annually publish a report that summarizes and analyzes all reports submitted to it under this section.  History of Section.P.L. 2014, ch. 514,  1. 
 23-6.5-1. Legislative findings. (1) Approximately three hundred twenty-five thousand (325,000) Americans suffer sudden cardiac arrest (SCA) each year and more than ninety-five percent (95%) of them die before reaching the hospital;  (2) In the population of Rhode Island, an estimated one thousand (1,000) residents will die of cardiac arrest every year;  (3) Facilities that host large numbers of visitors are more likely to experience an event that requires an automated external defibrillator (AED);  (4) If defibrillation is performed within five (5) to seven (7) minutes, chances of survival are increased by forty-nine percent (49%). Every minute that goes by without defibrillation reduces the chance of survival by seven percent (7%) to ten percent (10%);  (5) Automated external defibrillators (AEDs) are extremely accurate computerized devices that can be operated by the average person; and  (6) Automated external defibrillators (AEDs) can be acquired through grants from various organizations or through government agencies.  History of Section.P.L. 2017, ch. 388,  1; P.L. 2017, ch. 433,  1. 
 23-6.5-2. Automated external defibrillators requirements. (a) As used in this chapter, public place means an enclosed area capable of holding three hundred (300) people or more and to which the public is invited or in which the public is permitted, including, but not limited to: banks; bars; educational facilities; healthcare facilities; laundromats; public transportation facilities; reception areas; restaurants; retail food production and marketing establishments; retail service establishments; retail stores; shopping malls; sports arenas; government offices; theaters; and waiting rooms. A private residence is not a public place unless it is used as a childcare, adult daycare, or healthcare facility.  (b) Notwithstanding the provisions contained in  5-50-12 or  16-21-33.1 relating to automated external defibrillators in health clubs and schools, any person who owns or operates a public place as defined in subsection (a) of this section shall provide and maintain:  (1) On-site, functional automated external defibrillators (AEDs) in quantities and types, deemed by the director of health, to be adequate to ensure ready and appropriate access for use during emergencies; and  (2) At least one person who is properly trained in the operation and use of an AED. Training required by this chapter may be conducted by qualified personnel, including, but not limited to, municipal fire and police department employees.  History of Section.P.L. 2017, ch. 388,  1; P.L. 2017, ch. 433,  1. 
 23-6.5-3. Rules and regulations. The director of health is hereby authorized to adopt, modify, repeal, or promulgate rules and regulations necessary to implement the provisions of this chapter.  History of Section.P.L. 2017, ch. 388,  1; P.L. 2017, ch. 433,  1. 
 23-6-1. Common drinking cups and towels. (a) In order to prevent the spread of communicable diseases, the state department of health is authorized to prohibit, in any public places, vehicles, or buildings that it may designate, the use of a common drinking cup and a common towel, and the director may establish rules and regulations for this purpose.  (b) Whoever violates the provisions of this section, or any rule or regulation of the state department of health made under authority of the provisions of this section, shall be deemed guilty of a misdemeanor and may be fined not more than twenty-five dollars ($25.00) for each offense.  History of Section.G.L. 1909, ch. 115,  15; P.L. 1915, ch. 1238,  1; G.L. 1923, ch. 153,  15; G.L. 1938, ch. 255,  12; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-6-1. 
 23-6-10  23-6-27. Repealed.
 23-6-2. Spitting in public places. No person shall spit upon the floor, or upon the sides, or upon any of the furnishings or equipment of any public conveyance, not devoted exclusively to smoking, or of any shop, store, hall, church, schoolhouse, railroad station, or other public building, or in the hallways of any private office building or upon the steps or platforms of the conveyance or buildings, or upon the sidewalk of any public highway in this state, except into suitable receptacles provided for that purpose. Any person violating any of the provisions of this section shall be fined not exceeding twenty dollars ($20.00) for each offense.  History of Section.P.L. 1908, ch. 1595,  1, 2; G.L. 1909, ch. 110,  33, 34; G.L. 1923, ch. 154,  33, 34; G.L. 1938, ch. 256,  33, 34; G.L. 1956,  23-6-2. 
 23-6-3. Vaccinations provided by cities or towns. The city or town councils in the several cities or towns shall provide annually for the gratuitous vaccination of the inhabitants of the several cities or towns.  History of Section.G.L. 1896, ch. 94,  28; G.L. 1909, ch. 110,  28; G.L. 1923, ch. 154,  28; G.L. 1938, ch. 256,  28; G.L. 1956,  23-6-3. 
 23-6-4. Employment of physicians for vaccinations. The city or town councils shall contract with and provide a suitable number of physicians to vaccinate as provided in  23-6-3 and order the city or town treasurers of the several cities or towns respectively to pay them the compensation that may be previously agreed upon; and the physicians shall give due and reasonable notice of the time and place of meeting for the purpose of vaccination.  History of Section.G.L. 1896, ch. 94,  29; G.L. 1909, ch. 110,  29; G.L. 1923, ch. 154,  29; G.L. 1938, ch. 256,  29; G.L. 1956,  23-6-4. 
 23-6-5. Record of vaccinations. The physicians contracted with in  23-6-4, as soon after fulfilling their contract as may be convenient, shall deposit in the city or town clerks office a book in which they have respectively recorded, in a fair and legible hand, the name and age of every person they have vaccinated as provided in  23-6-4 and also any other remarks and observations they may deem useful.  History of Section.G.L. 1896, ch. 94,  30; G.L. 1909, ch. 110,  30; G.L. 1923, ch. 154,  30; G.L. 1938, ch. 256,  30; G.L. 1956,  23-6-5. 
 23-6-6. Preservation of records. 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.  History of Section.G.L. 1896, ch. 94,  31; G.L. 1909, ch. 110,  31; G.L. 1923, ch. 154,  31; G.L. 1938, ch. 256,  31; G.L. 1956,  23-6-6. 
 23-6-7. Investigation and suppression of poliomyelitis. The department of health is authorized and directed to investigate any conditions associated with any case or suspected case of, or the spread of, the disease known as anterior poliomyelitis or infantile paralysis in this state and, as far as possible, to aid in the suppression of that disease.  History of Section.P.L. 1911, ch. 728,  2; G.L. 1923, ch. 153,  19; G.L. 1938, ch. 255,  16; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-6-7. 
 23-6-8. Local authorization of hospital or camp for communicable disease. No person, association, corporation, city, or town shall establish any hospital, camp, or other establishment for the treatment of patients suffering from contagious diseases or from the disease known as pulmonary tuberculosis, unless the department of health shall by resolution authorize its establishment in that city or town within definite limits to be specified in the resolution. Before authorizing the establishment of the hospital, camp, or other establishment, the department shall give public notice of the proposed site and give all persons concerned an opportunity to be heard by the department with reference to the establishment and location of the hospital, camp, or other establishment.  History of Section.P.L. 1909, ch. 400,  1; G.L. 1923, ch. 154,  36; G.L. 1938, ch. 256,  36; G.L. 1956,  23-6-8. 
 23-6-9. Abatement of unauthorized hospital or camp. Any hospital, camp, or other establishment, as described in  23-6-8 established without the authority may be abated as a nuisance by any court of competent jurisdiction.  History of Section.P.L. 1909, ch. 400,  2; G.L. 1923, ch. 154,  37; G.L. 1938, ch. 256,  37; G.L. 1956,  23-6-9. 
 23-60.1-1. Legislative findings and policy. The general assembly finds and declares that certain types of dry cell batteries contain toxic heavy metals that are harmful in municipal solid waste. Batteries containing cadmium, mercury, and lead are especially harmful, and some of these types are increasing in use.  History of Section.P.L. 1992, ch. 359,  1; P.L. 2000, ch. 179,  3. 
 23-60.1-2. Definitions. As used in this chapter: (1) Alkaline-manganese battery means any dry cell battery containing manganese dioxide and zinc electrodes and an alkaline electrolyte.  (2) Dry cell battery means all batteries in which the electrolyte is absorbed, gelled, or solidified such that the electrolyte is not a free-standing body of liquid. Dry cell batteries do not include vehicle batteries as defined by  23-60-2.  (3) Lead-acid dry cell battery means a battery containing a lead-acid system, generally used in rechargeable consumer products, and weighing less than twenty-five (25) pounds.  (4) Mercuric-oxide battery means a dry cell battery containing zinc and mercuric oxide electrodes and used both in household and non-household, often medical, applications.  (5) Nickel-cadmium battery means any dry cell battery containing cadmium and nickel electrodes and an alkaline electrolyte.  History of Section.P.L. 1992, ch. 359,  1; P.L. 2000, ch. 179,  3; P.L. 2012, ch. 415,  27. 
 23-60.1-3. Reduction of mercury content in alkaline batteries. No alkaline-manganese battery manufactured on or after January 1, 1992, shall be distributed, offered for sale, or sold, if it contains more than 0.025 percent (.025%) mercury by weight; provided, however, that for any alkaline-manganese battery resembling a button or coin in size and shape, the limitation shall be twenty-five (25) milligrams of mercury.  History of Section.P.L. 1992, ch. 359,  1. 
 23-60.1-4. Prohibition on sale of mercuric-oxide batteries. No mercuric-oxide button cell battery may be distributed, sold or offered for sale in this state after January 1, 1993.  History of Section.P.L. 1992, ch. 359,  1. 
 23-60.1-5. Prohibition on the disposal of nickel-cadmium, mercuric-oxide, and lead-acid batteries. Effective January 1, 1994, no person shall knowingly place in municipal or commercial solid waste a nickel-cadmium, mercuric-oxide, or lead-acid dry cell battery or a rechargeable consumer product containing a nickel-cadmium or lead-acid dry cell battery.  History of Section.P.L. 1992, ch. 359,  1. 
 23-60.1-6  23-60.1-13. Repealed. History of Section.P.L. 1992, ch. 359,  1; P.L. 1993, ch. 460,  1; P.L. 1995, ch. 370, art. 40,  83; Repealed by P.L. 2000, ch. 179,  4, effective July 13, 2000. 
 23-60-1. Legislative findings and policy. The general assembly finds and declares that vehicle batteries are potentially harmful if improperly disposed of, and that it is necessary to adopt a special plan to control disposal and promote recycling of such batteries. This chapter sets forth a comprehensive plan for disposal of vehicle batteries.  History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1; P.L. 2000, ch. 179,  1. 
 23-60-10. Severability. 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, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.  History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1. 
 23-60-2. Definitions. As used in this chapter: (1) Consumer means an individual who purchases a vehicle battery for use, consumption, or any use other than resale;  (2) Dealer means every person in this state who engages in the sale of vehicle batteries;  (3) Director means the director of the department of environmental management;  (4) Distributor means every person who engages in the sale of vehicle batteries to a dealer in this state including any manufacturer who engages in such sales;  (5) Manufacturer means a person who manufactures vehicle batteries;  (6) Person means any person, firm, partnership, association, corporation, or organization of any kind whatsoever;  (7) Vehicle means every vehicle which is self-propelled and designed for carrying persons or property or which is used for the transportation of persons, including, but not limited to, buses, automobiles, truck, boats, motorcycles, farm, lawn and garden equipment, and snowmobiles;  (8) Vehicle battery means batteries used in any vehicle, or of a capacity of six (6) volts or more, and of one hundred fifty (150) pounds or less in weight, and like batteries in stationary uses.  History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1; P.L. 2000, ch. 179,  1; P.L. 2012, ch. 415,  26. 
 23-60-3. Deposit on vehicle batteries. (a) A dealer shall not refuse to accept from any consumer any used vehicle battery, in reasonably clean and substantially unbroken condition as an exchange with the purchase of a new vehicle battery.  (b) A dealer may add a core charge to the sale of a battery. The core charge shall be waived when a used vehicle battery is delivered to the dealer at the time of purchase. The deposit shall be returned to the consumer when a used vehicle battery is delivered to the dealer by the consumer within seven (7) days of date of purchase of the new battery.  History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1; P.L. 1995, ch. 370, art. 40,  82; P.L. 2000, ch. 179,  1. 
 23-60-4. Repealed. History of Section.P.L. 1987, ch. 325,  1; Repealed by P.L. 1988, ch. 254,  2, effective January 1, 1989, and again by P.L. 1989, ch. 542,  65. 
 23-60-5. Distributor acceptance  Reimbursement by distributor. (a) A distributor or manufacturer shall not refuse to accept from any dealer any used vehicle battery in reasonably clean and substantially unbroken condition of the kind, size, and brand sold by the distributor or manufacturer.  (b) Whenever a dealer or group of dealers receives a shipment or consignment of, or in any manner acquires, vehicle batteries outside Rhode Island for sale to consumers in Rhode Island, the dealer or dealers shall comply with this chapter as if they were distributors, as well as dealers.  History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1; P.L. 2000, ch. 179,  1; P.L. 2012, ch. 415,  26. 
 23-60-6. Disposal of used vehicle batteries. (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.  History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1; P.L. 2000, ch. 179,  1. 
 23-60-7. Repealed. History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1; Repealed by P.L. 2000, ch. 179,  2, effective July 13, 2000. 
 23-60-8. Penalty. Any person who violates a provision of this chapter shall be fined not more than one thousand dollars ($1,000). Each day that the violation continues or exists shall constitute a separate offense.  History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1. 
 23-60-9. Rules and regulations. The director may promulgate rules and regulations necessary to implement this chapter. History of Section.P.L. 1987, ch. 325,  1; P.L. 1988, ch. 254,  1. 
 23-61-1. Legislative intent. The general assembly recognizes that radon is an odorless, colorless, tasteless, and radioactive gas that occurs naturally in soil and groundwater; that radon enters homes and buildings through openings in foundations, decays to form radon progeny, and unless vented to the atmosphere, accumulates in buildings and becomes hazardous to human health, and prolonged exposure to elevated concentrations of radon decay products has been associated with increases in the risk of lung cancer. The general assembly recognizes that there is a need to protect human health and prevent exposure to elevated concentrations of radon.  History of Section.P.L. 1992, ch. 216,  2. 
 23-61-10. Applicability of  45-13-7  45-13-10. The provisions of  45-13-7  45-13-10 shall not apply to this chapter. History of Section.P.L. 1992, ch. 216,  2; P.L. 1997, ch. 326,  47. 
 23-61-11. Interpretation and severability. The provisions of this chapter shall be liberally construed and shall be held to be in addition to, and not in substitution for or a limitation of, the provisions of any other law. If any provision or part thereof of this chapter or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remainder of the chapter and the application of such provisions to any other persons or circumstances other than those to which it is held invalid shall not be affected thereby.  History of Section.P.L. 1992, ch. 216,  2. 
 23-61-12. Funding and implementation. Implementation and enforcement of this chapter is contingent upon the availability of resources to fund necessary administrative, personnel, and other related costs.  History of Section.P.L. 1992, ch. 216,  2. 
 23-61-2. Declaration of purpose. The purpose of this chapter is to protect the public health and public interest by establishing a comprehensive program to reduce exposure to radon/radon progeny levels in public and high priority buildings and to ensure that all radon/radon progeny mitigation activity in these buildings is conducted only by appropriately trained and licensed/certified personnel. The goal of this chapter is to reduce the incidence of lung cancer due to radon/radon progeny exposure in Rhode Island to the greatest extent feasible.  History of Section.P.L. 1992, ch. 216,  2. 
 23-61-3. Definitions. For purposes of this chapter: (1) Department means the state department of health.  (2) Director means the director of health.  (3) High priority building means any public building or public, private and/or parochial schools (grades pre-K to 12), day care centers, and nurseries.  (4) New construction means any erection of a building, structure or part thereof not defined as a renovation for the purposes of this chapter.  (5) Owner means the person having legal title to property and/or buildings. For purposes of publicly owned property only, the owner shall be defined to be the chief executive officer of the state or municipal agency which owns, leases or controls the use of the property.  (6) Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, and other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing.  (7) Public building means any building owned, managed, leased, furnished, or occupied by a state or municipal agency or commission or public school.  (8) Radon means the radioactive noble gas radon 222.  (9) Radon progeny means the short-lived radionuclides formed as a result of the decay of Radon 222, including Polonium 218, Bismuth 214, lead 214 and Polonium 214.  (10) Radon/radon progeny mitigation means any actions or measures taken and any materials or equipment installed, the purpose of which is to reduce levels of radon gas and/or radon progeny in the air or water supply of a building, or to prevent entry of radon or radon progeny into the indoor atmosphere.  (11) Renovation means an extension or increase in floor area or height of a building or structure; or a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another; or the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. Ordinary repairs, as defined by the state building code, shall be considered as renovations for the purposes of this chapter.  (12) Residential construction means any building, structure, or parts thereof in which families or households live, or in which sleeping accommodations are provided (with or without dining facilities), excluding those that are classified as institutional buildings, and which is designated within state building code use groups R-2, R-3 or R-4.  (13) State building code means chapter 27.3 of title 23.  (14) Under roof floor space means the gross constructed floor area covered by a roof that provides shelter, plus any area adjacent to but outside of the enclosing walls that has a constructed floor and is covered by a sheltering roof contiguous with the building. This shall include the gross floor area of each floor of a multiple story building. Walkways are not included in this definition.  History of Section.P.L. 1992, ch. 216,  2. 
 23-61-4. Authority of the director. The director is authorized to: (1) Designate a unit within the department to administer the provisions of this chapter and provide that unit with the necessary staff, equipment, and operating funds.  (2) Receive and administer funding allocated for radon control programs by the state, agencies of the federal government and other appropriate funding sources.  (3) Require the owner of any public or high priority building to perform such tests for radon as he or she may determine to be necessary to characterize the exposure of occupants to radon/radon progeny in the air of the building and/or in the building water supply.  (4) Conduct a voluntary radon/radon progeny testing program for residents of owner occupied residential dwellings in the state.  (5) Enter any public or high priority building in the state in accordance with  23-61-7(a)(1) and 23-61-7(b)(4) to perform such tests for radon as he or she may determine to be necessary to evaluate the exposure of occupants to radon/radon progeny in the air of the building and/or in the building water supply.  (6) Institute a public information program to include a telephone information service, written materials, and media advertisements with the purpose of informing the public regarding radon/radon progeny health effects, the necessity for testing of homes and other buildings, the recommended practices for reducing elevated levels of radon and related issues.  (7) Develop and forward for adoption by the state building code commission recommendations for standards of new construction designed to prevent or more easily mitigate elevated radon/radon progeny levels.  (8) Issue regulations for the following purposes:  (i) To establish indoor environmental air exposure standards and guidelines for radon and radon progeny;  (ii) To establish a drinking water standard for radon;  (iii) To establish criteria for air and water sampling, and testing for radon and radon progeny;  (iv) To establish criteria for notification of the department of mitigation activities to reduce radon/radon progeny exposures in high priority buildings and public water supplies;  (v) To establish criteria for licensure and certification of persons involved in radon/radon progeny testing and mitigation services;  (vi) To require radon/radon progeny testing by appropriate school officials of each area within public and private schools occupied by children in pre-kindergarten through 12th grade;  (vii) To establish work practices and procedures for mitigation of radon/radon progeny in buildings;  (viii) To establish procedures for notifications required by  23-61-6;  (ix) To assess fees for activities authorized by this chapter.  (9) In promulgating standards, guidelines and regulations and in setting fees authorized by this chapter, the director shall:  (i) Give due consideration to recommendations, standards, guidelines and definitions of other states and the United States;  (ii) Shall follow the provisions of chapter 35 of title 42.  History of Section.P.L. 1992, ch. 216,  2. 
 23-61-5. Licensing and certification. (a) All persons providing or offering to provide the following services must be certified or licensed in accordance with regulations adopted pursuant to the authority conferred by this chapter:  (1) Screening sampling/testing of air for radon/radon progeny;  (2) Diagnostic sampling/testing of air for radon/radon progeny;  (3) Mitigation planning services for radon/radon progeny;  (4) Training courses offered for the purpose of meeting any of the licensing and/or certification requirements mandated by this chapter.  (b) The director may assess fees for licenses and certifications issued in accordance with regulations promulgated pursuant to the authority conferred by this section, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed. The fees collected shall be deposited in a restricted receipt account as provided for under  23-61-8 of this chapter.  (c) Any person, firm, corporation, or other entity who shall perform or otherwise engage in:  (1) Screening sampling/testing of air for radon/radon progeny;  (2) Diagnostic sampling testing of air for radon/radon progeny;  (3) Mitigation planning services for radon/radon progeny; or  (4) Training courses offered for the purpose of meeting any of the licensing and/or certification requirements mandated by this chapter:  (i) Without a license shall be fined five hundred dollars ($500) for each offense and shall be ordered to forfeit all fees derived from such activity for the first offense and shall be fined one thousand dollars ($1,000) for the second and each subsequent offense and shall be ordered to forfeit all fees derived from such activity on the second and subsequent offenses. The attorney general is authorized to pursue forfeiture actions against all violators and also to apply for and obtain injunctive relief against continuing violations of this section.  (d) All fines and all fees that have been forfeited under this section shall be placed in the state general fund.  (e) The requirements of this section shall not apply to: (a) those individuals testing or mitigating a private residence owned or leased by the individual who is performing the testing or mitigation; or (b) any individual testing their own living area.  History of Section.P.L. 1992, ch. 216,  2; P.L. 2003, ch. 59,  4; P.L. 2003, ch. 72,  4; P.L. 2007, ch. 142,  1; P.L. 2007, ch. 267,  1. 
 23-61-6. Notification to the department. The owner of any public and high priority building who intends to take measures, including but not limited to renovation of the building for the purpose of reducing radon/radon progeny levels and/or installation of recognized radon mitigation systems, must submit formal notification to the department prior to commencing the radon/radon progeny mitigation activities.  History of Section.P.L. 1992, ch. 216,  2. 
 23-61-7. Radon inspections. (a) The director, or his or her designee, is authorized to inspect any public or high priority building, during business hours, or by appointment at another time agreed to by the inspector and the owner, occupant or other person in charge of the building. The owner, occupant or other person in charge of the building shall, upon presentation of proper identification by the state inspector, for the limited purpose of inspection for elevated radon/radon progeny levels, grant the inspector entry and free access to every part of the building where elevated radon/radon progeny levels may pose a hazard. If any owner, occupant or other person in charge of the building fails or refuses to permit such access and entry to the building under his or her control, or any part thereof, the state inspector may, upon showing that probable cause exists for the inspection and for the issuance of a court order directing compliance with the inspection requirements of this section, petition and obtain an order from a court of competent jurisdiction. Any person refusing to comply with an order issued pursuant to this section shall be subject to such penalties as may be authorized by law for violation of a court order.  (b) The director shall establish regulations requiring the evaluation of all public and high priority buildings for elevated levels of radon/radon progeny and/or adequacy of any radon/radon progeny mitigation activities. The regulations shall require that:  (1) Evaluations be performed by a person licensed or certified in accordance with this chapter;  (2) Results of the evaluations be submitted promptly to the director;  (3) The director shall provide written notice to the building owner when an evaluation indicates that indoor radon or radon progeny levels exceed a standard or guideline established by the director and/or any radon/radon progeny mitigation activities appear to be inadequate. The notice shall include the results of the evaluation and shall require that appropriate mitigation measures be taken to reduce radon/radon progeny levels to meet the standard or guideline within a time frame established by the director.  (4) Once written notice has been provided to the building owner, the director or his or her designee shall inspect the building at any reasonable time for the purpose of reviewing the implementation of a radon/radon progeny mitigation activity subject to  23-61-5.  History of Section.P.L. 1992, ch. 216,  2. 
 23-61-8. Establishment of fees. A one-time surcharge shall be assessed on new residential construction, excluding renovations, at the rate of two cents ($0.02) per square foot under roof floor space. This surcharge shall be collected by the local building official at the time an application for a building permit is submitted. The local building official shall collect the surcharge and remit the funds collected to the department on a quarterly calendar basis beginning no later than October 31, 2007 for the preceding quarter, and continuing each third month thereafter. The local building official shall also submit, on the same calendar basis, documentation of all building permits for new residential construction issued during the previous calendar quarter. The unit of municipal government issuing the new residential construction building permits may retain five percent (5%) of the surcharge collected to cover costs associated with the collection and remittance of the surcharge. All funds remitted to the department pursuant to this section shall be deposited in the general fund as general revenues.  History of Section.P.L. 1992, ch. 216,  2; P.L. 1995, ch. 370, art. 40,  84; P.L. 2007, ch. 73, art. 39,  35. 
 23-61-9. Use of the radon control appropriations. Funds appropriated shall be used to carry out the provisions of this chapter, including but not limited to, personnel costs, operating costs, and capital expenditures associated with the regulatory and public education mandates placed on the department by this chapter, as well as the development and implementation of the building codes for radon resistant construction. The department is further authorized to enter into contracts for the purpose of: developing building codes for radon resistant buildings; developing construction techniques for mitigation of radon in existing buildings; conducting training relevant to all changes in building codes adopted pursuant to authority conferred by this chapter; and to otherwise carry out the mandates of this chapter.  History of Section.P.L. 1992, ch. 216,  2; P.L. 1995, ch. 370, art. 40,  84. 
 23-62-1. Disclosure required. All retail preparers of food, including but not limited to bakeries and restaurants, shall make available upon request a list of all preservatives and artificial ingredients added to food prepared on the premises. Excluded from these provisions are preservatives and artificial ingredients which are included in commercially available products such as dressings and other products used in the preparation of food.  History of Section.P.L. 1988, ch. 541,  1. 
 23-62-2. Penalties. Any individual(s), corporation, partnership, or other entity who violates the provisions of this chapter shall be guilty of a misdemeanor and for each violation shall be punished by a fine of not more than one thousand dollars ($1,000).  History of Section.P.L. 1988, ch. 541,  1; P.L. 1990, ch. 78,  1. 
 23-63-1.1. Definitions. As used in this chapter: (1) Consumer means an individual who purchases a vehicle tire for use, consumption, or any use other than resale;  (2) Corporation means the Rhode Island economic development corporation created and established pursuant to chapter 64 of title 42.  (3) Retailer means every person in this state who is engaged in the sale of vehicle tires to consumers;  (4) Rhode Island resource recovery corporation means the Rhode Island resource recovery corporation created and established pursuant to chapter 19 of title 23.  (5) Vehicle tire means all tires used on motorized vehicles;  History of Section.P.L. 1992, ch. 133, art. 85,  2. 
 23-63-1. Legislative findings and policy. The general assembly finds and declares that accumulation of stored used vehicle tires and the disposal of the tires by land filling present an unacceptable risk to the public health and safety, and that it is necessary to control disposal and promote safe recycling or recovery of the tires. The general assembly also recognizes: (1) that the stockpiling of whole vehicle tires poses unacceptable risks to the environment and public health, (2) that the haphazard dumping of vehicle tires in Rhode Island is both unsightly and environmentally unsound, (3) that used vehicle tires represent a form of recyclable waste which should, for the purpose of reuse, be fully segregated from solid waste, and (4) that the state should take every reasonable step to ensure that recycling is pursued as the preferred method of handling waste tires.  History of Section.P.L. 1989, ch. 551,  1; P.L. 1992, ch. 133, art. 85,  1. 
 23-63-2. Disposal of used vehicle rubber tires  Burning prohibited  Storage restricted. (a)(1) No person shall dispose of any vehicle tire within the state except by delivery of the tire to a facility operated by the Rhode Island resource recovery corporation designated for that purpose, or to a privately operated tire storage or tire recycling or recovery facility licensed by the director of environmental management for that purpose or by delivery for transportation to an out-of-state recycling facility. Prior to the delivery of any vehicle tire for export to any tire-burning facility outside the state, and within thirty (30) miles of the Scituate Reservoir watershed, the department of environmental management shall consult with the appropriate state agency regulating such tire-burning facility and shall receive assurances in writing from the agency that the facility meets all applicable state and federal pollution control standards.  (2) The burning of used tires within the state is prohibited.  (b) No person not licensed under the provisions of  23-63-4 shall store more than four hundred (400) used vehicle tires at any location within the state. Any person not in compliance with this section on July 11, 1989 shall have one year from that date to effectuate compliance pursuant to the provisions of subsection (a).  History of Section.P.L. 1989, ch. 551,  1; P.L. 1992, ch. 133, art. 85,  1; P.L. 1996, ch. 404,  32. 
 23-63-3. Environmental impact statement  Necessity  Approval of director. No export of tires for burning shall be permitted to a facility which has not submitted to the satisfaction of the director, in accordance with reasonable rules and regulations, an environmental impact statement conforming to the United States environmental protection agency standards. Upon the filing of a satisfactory environmental impact statement, the director shall conduct a public hearing seeking public comment prior to granting final approval of the statement and approval of the export of the tires. The environmental impact statement shall be required regardless of whether it is required at the facility site by the United States environmental protection agency regulations.  History of Section.P.L. 1989, ch. 551,  1. 
 23-63-4.1. Tire site remediation account. There is hereby created a separate account to be held by the corporation to be known as the tire site remediation account. All fees, revenues, assessments, fines, forfeitures, and other funds collected or received pursuant to this chapter shall be deposited into the tire site remediation account and used for the purposes specified in  23-63-4.2. The department of environmental management shall be authorized to spend the funds specified in this section pursuant to  23-63-4.2.  History of Section.P.L. 1992, ch. 133, art. 85,  2; P.L. 1997, ch. 326,  48. 
 23-63-4.2. Allocation of funds. The funds deposited into the tire site remediation account shall be used for the following activities:  (1) No less than ninety percent (90%) of all funds shall be used for the cleanup, recycling and disposal of tires in existing tire piles and for the overall investigation of, and design of remedial actions for properties of economic concern pursuant to chapter 19.14 of title 23;  (2) No more than ten percent (10%) of all funds shall be used to assist cities and towns with the collection and proper disposal of waste tires in their respective communities;  (3) All amounts in the tire site remediation account, fees, and any other revenues, assessments, fines, forfeitures, and other funds collected or received pursuant to this chapter for deposit into the tire site remediation account shall be deemed to be trust funds to be held and applied solely as provided in this chapter and chapter 19.14 of title 23.  History of Section.P.L. 1992, ch. 133, art. 85,  2; P.L. 1995, ch. 187,  2; P.L. 1997, ch. 30, art. 37,  1; P.L. 1997, ch. 326,  48. 
 23-63-4.3. Repealed. History of Section.P.L. 1992, ch. 133, art. 85,  2; Repealed by P.L. 1997, ch. 30, art. 37,  2, effective July 1, 1997. 
 23-63-4.4. Penalties on delinquent payments. Any retailer who fails to pay any fees to the tax administrator, except amounts of determinations made by the tax administrator, under  23-63-4.6 within the time required shall pay a penalty of ten percent (10%) of the amount of the fees.  History of Section.P.L. 1992, ch. 133, art. 85,  2. 
 23-63-4.5. Records required. Every retailer shall keep such books, including records, receipts, and other pertinent papers, in such form as the tax administrator may require. The records shall be open at all times to the inspection of the tax administrator and his or her agents and, upon summons issued by the tax administrator, shall be produced at such time and place as he or she may designate for inspection by the tax administrator or his or her agents.  History of Section.P.L. 1992, ch. 133, art. 85,  2. 
 23-63-4.6. Deficiency determination  Determination without return. If any retailer fails to file a return or to keep records described in  23-63-4.5, or if the tax administrator is not satisfied with the amount of fees paid to him or her, the tax administrator may compute and determine the amount required by this chapter to be paid to him or her upon the basis of the facts contained in the returns which have been filed or upon the basis of any information in the tax administrators possession or that may come into his or her possession.  History of Section.P.L. 1992, ch. 133, art. 85,  2. 
 23-63-4.7. Notice of determination. The tax administrator shall give written notice of his or her determination to the retailer. Except in the case of fraud or failure to make a return, or noncompliance with  23-63-4.5, every notice of determination shall be mailed within three (3) years of the date the fees first became due. The amount of this determination shall bear interest at the rate set forth in  44-1-7 from the date when fees should have been paid to the tax administrator until the date of payment.  History of Section.P.L. 1992, ch. 133, art. 85,  2. 
 23-63-4.8. Pecuniary penalties for deficiencies. If any part of the deficiency for which a deficiency determination is made is due to negligence or intentional disregard of the provisions of this chapter, a penalty of ten percent (10%) of the amount of the determination shall be added thereto. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade the provisions of this chapter, a penalty of fifty percent (50%) of the amount of the determination shall be added thereto.  History of Section.P.L. 1992, ch. 133, art. 85,  2. 
 23-63-4.9. Tire deposit system. (a) Every retailer shall require of each consumer purchasing tires a five dollar ($5.00) deposit on each vehicle tire purchased. The tire deposit shall be refunded in full within fourteen (14) days from the date the consumer delivers to the retailer a used vehicle tire. A retailer shall not refuse to accept from any consumer any used vehicle tire which is reasonably clean and substantially intact. No retailer shall be required to refund a tire deposit to any consumer who has not purchased a tire from a retailer, nor shall any retailer be required to pay out more tire deposit refunds than the number of tires the consumer purchased from the retailer. Any tire deposits held by a retailer and not reclaimed by the consumer after the fourteen (14) day period shall revert to, and become the property of, the retailer.  (b) All retailers accepting used vehicle tires shall be responsible for disposal of the tires pursuant to  23-63-2.  (c) A copy of this section of the general laws, or a summary of this section of the general laws as approved by the director of the department of environmental management, shall be posted by all retail sellers in a place which is plainly visible to customers.  History of Section.P.L. 1992, ch. 133, art. 85,  2; P.L. 1993, ch. 225,  1. 
 23-63-4. Licensing of tire recyclers. The director shall license any person to engage in the vehicle tire recycling or recovery business if the director finds that the person has the proper equipment and facilities to properly recycle or recover the materials of vehicle tires. The license shall be annually renewable on January 1 of each year upon application by the licensee. The director may revoke the license at any time or refuse to renew the license upon a finding that the licensee has not operated the business to safely and properly recycle and recover vehicle tires in a manner causing the lease practicable pollution of the environment. The initial license fee shall be fifty dollars ($50.00) and the fee for annual renewal shall be twenty-five dollars ($25.00). Other than as set forth in this chapter, the license shall be subject to the provisions of the Administrative Procedures Act, chapter 35 of title 42.  History of Section.P.L. 1989, ch. 551,  1. 
 23-63-5. Penalty. Any person who violates  23-6-2, 23-63-3 or 23-63-4 and 23-63-4.9(b) of this chapter shall be fined not more than one thousand dollars ($1,000) per occurrence. Fines collected pursuant to this section shall be remitted to the corporation for deposit in the tire site remediation account. Each day that the violation continues or exists shall constitute a separate occurrence. The provisions of this chapter may also be enforced by an action for injunctive or other relief in the superior court for Providence county to be brought by either the department of environmental management or the attorney general.  History of Section.P.L. 1989, ch. 551,  1; P.L. 1992, ch. 133, art. 85,  1; P.L. 1997, ch. 326,  48. 
 23-63-6. Rules and regulations. The director may promulgate rules and regulations necessary to implement this chapter. History of Section.P.L. 1989, ch. 551  1. 
 23-63-7. Severability. 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.  History of Section.P.L. 1989, ch. 551,  1. 
 23-64.1-1. Short title. This chapter shall be known and may be cited as the Commission for Health Advocacy and Equity Act.  History of Section.P.L. 2011, ch. 155,  2; P.L. 2011, ch. 172,  2. 
 23-64.1-2. Definitions. As used in this chapter, the following words and phrases have the following meanings: (1) Commission means the commission of health advocacy and equity; formerly entitled the minority health advisory committee.  (2) Community-based health agency means an organization that provides health services or health education, including a hospital, a community health center, a community mental health or substance abuse center, and other health-related organizations.  (3) Community-based health and wellness organization means any organization, whether for-profit or not-for-profit that provides services that support the health and well-being of Rhode Islanders.  (4) Community health worker means any individual who assists and coordinates services between providers of health services, community services, social agencies for vulnerable populations. Community health workers provide support and assist in navigating the health and social services system.  (5) Disparities means the preventable inequalities in health status, including the incidence, prevalence, mortality, and burden of diseases and other adverse health conditions that exist among population groups in Rhode Island. Disparities are impacted by social determinants of health which include, but are not limited to, access to services, quality of services, health behaviors, and environmental exposures.  History of Section.P.L. 2011, ch. 155,  2; P.L. 2011, ch. 172,  2; P.L. 2012, ch. 415,  28. 
 23-64.1-3. Renaming and establishment. (a) The minority health advisory committee established by the Rhode Island department of health pursuant to the goals of chapter 23-64 is hereby renamed the commission for health advocacy and equity. The director of the department of health shall appoint twenty (20) individuals who shall be individuals with working and practical knowledge of social determinants of health, the majority of whom shall be representatives of the racial and ethnic minority population of the State of Rhode Island. Not more than fifteen percent (15%) of the members shall be affiliates with a grantee of the office of minority health of the department of health. Members shall be authorized to appoint a designee. The director may also appoint staff of the department as ex officio members of the committee to serve as a liaison between the committee and their specific departmental programs. Such ex officio members shall not be counted for the purpose of determining a quorum and shall not be eligible to vote.  (b) Commission members shall serve without compensation and shall be appointed for a term of three (3) years. Commission members may be reappointed for an additional three (3) year term provided that no member shall serve more than two (2) consecutive terms, regardless of the total number of years served, or a maximum of six (6) consecutive years, after which an individual shall be ineligible for membership for a period of one year.  (c) The terms of current members of the departments minority health advisory committee, renamed the commission for health advocacy and equity by this section, shall remain in effect upon passage and shall not be impacted by any provision of this section.  History of Section.P.L. 2011, ch. 155,  2; P.L. 2011, ch. 172,  2. 
 23-64.1-4. Purpose. (a) The purpose of the commission for health advocacy and equity shall be:  (1) To advocate for the integration of all relevant activities of the state to achieve health equity;  (2) To provide direct advice to the director of health, and indirect advice to the departments senior administrators and planners through the director, regarding issues of racial, ethnic, cultural, or socio-economic health disparities;  (3) To develop and facilitate coordination of the expertise and experience of the states health and human services systems, housing, transportation, education, environment, community development, and labor systems in developing a comprehensive health equity plan addressing the social determinants of health;  (4) To set goals for health equity and prepare a plan for Rhode Island to achieve health equity in alignment with any other statewide planning activities; and  (5) to educate state agencies in Rhode Island on disparities, including social factors that play a role in creating or maintaining disparities.  (b) In furtherance of this purpose, the commission shall study the range of issues that may impact an individuals, familys or communitys health and propose recommendations to address these issues and ensure quality integration and evaluation of any program or policy designed to reduce or eliminate racial or ethnic health disparities. Such recommendations may be developed with input from other agencies and the resulting plan shall be broadly disseminated as advisory to other state agencies.  History of Section.P.L. 2011, ch. 155,  2; P.L. 2011, ch. 172,  2. 
 23-64.1-5. Powers and duties. (a) The commission shall be empowered to:  (1) Review and comment on any proposed state legislation and regulations that would affect the health of populations in the state experiencing racial, ethnic, cultural, socio-economic or linguistic disparities in health status;  (2) Educate appropriate state agencies on health disparities, including social factors that play a role in creating or maintaining these disparities;  (3) Advise the director of the department of health on issues relating to health disparities and advocate for the integration and coordination of all activities of the state to achieve health equity. In providing such advice, the commission shall carry on a continuous assessment process to:  (i) Determine the current health status among populations experiencing racial, ethnic, cultural, or socio-economic health disparities;  (ii) Recommend strategies for health promotion and disease prevention;  (iii) Identify problems in service delivery to populations experiencing racial, ethnic, cultural, or socio-economic health disparities; and  (iv) Recommend solutions for improving the operation and efficiency of service delivery programs targeting populations experiencing racial, ethnic, cultural, or socio-economic health disparities;  (4) Advise and provide information to the governor and the general assembly on the states policies concerning the health of populations in the state experiencing racial, ethnic, cultural, socio-economic or linguistic disparities in health status;  (5) Evaluate policies, procedures, activities, and resource allocations to eliminate health status disparities among racial, ethnic and linguistic populations in the state;  (6) Explore other successful programs in other sectors and states that may diminish or contribute to the elimination of health disparities in the state;  (7) Draft and recommend proposed legislation, regulations and other policies designed to address disparities in health status;  (8) Prepare the biennial disparities impact and evaluation report pursuant to  23-64.1-6; and,  (9) Have the authority to conduct hearings and interviews, and receive testimony regarding matters pertinent to its mission.  (b) All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this section.  History of Section.P.L. 2011, ch. 155,  2; P.L. 2011, ch. 172,  2. 
 23-64.1-6. Disparities impact and evaluation report. (a) Beginning two (2) years after establishment of the commission, and every two (2) years after, the commission shall prepare a disparities impact and evaluation report which shall be posted on the department of health website and the website of the executive office of health and human services, and which shall be delivered to the governor, the speaker of the house, and the president of the senate. The report shall:  (1) Evaluate the likely positive or negative impact of programs, policies and activities established pursuant to  23-64.1-4 as they relate to eliminating or reducing health disparities, based on quantifiable measures and evaluation benchmarks.  (2) Evaluate the states progress toward eliminating or reducing racial and ethnic health disparities using the quantifiable measures and benchmarks outlined in subdivision (1).  (b) The commission shall hold public hearings to receive information to assist in the formation of this disparities impact and evaluation report. The hearings shall be held approximately six (6) months before each yearly evaluation.  History of Section.P.L. 2011, ch. 155,  2; P.L. 2011, ch. 172,  2. 
 23-64.1-7. Race, ethnicity, social determinants of health and language data collection coordination. The commission shall, in consultation with the department of health and other appropriate state agencies, make recommendations for data collection, analysis and dissemination activities by all entities involved in the collection of patient and health care professional information. The commission shall make recommendations for the coordination by the department of health, other agencies, organizations and institutions as needed to design and implement a training curriculum for primary data collectors and disseminate best practices for collection of race, ethnicity, social determinants of health and language data.  History of Section.P.L. 2011, ch. 155,  2; P.L. 2011, ch. 172,  2. 
 23-64.1-8. Health workforce diversity and development. The commission shall make recommendations for the coordination of state, local and private sector efforts to develop a more racially and ethnically diverse health care workforce. Such recommendations shall include the evaluation and development of the community health workforce. The commission may make recommendations for the recruitment, assignment, training and employment of community health workers by community-based health and wellness organizations, community-based health agencies, and other appropriate organizations. Community health workers are individuals who have direct knowledge of the communities they serve, and of the social determinants of health, and can assess the range of issues that may impact an individuals, a familys or a communitys health and may facilitate improved individual and community well-being and should include, but not be limited to:  (1) Linking with services for legal challenges to unsafe housing conditions;  (2) Advocating with various state and local agencies to ensure that the individual/family receives appropriate benefits/services;  (3) Advocating for the individual/family within the health care system. This could be done in multiple settings (community-based organization, health care setting, legal service setting);  (4) Connecting the individual or family with the appropriate services/advocacy support to address those issues such as:  (i) Assisting in the application for public benefits to increase income and access to food and services;  (ii) Working with community-based health agencies and organizations in assisting individuals who are at-risk for or who have chronic diseases to receive better access to high-quality health care services;  (iii) Anticipating, identifying and helping patients to overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding; and  (iv) Coordinating with the relevant health programs to provide information to individuals about health coverage, including RItecare and other sources of health coverage;  (5) Assisting the department of health, other agencies, health clinics, healthcare organizations, community clinics and their providers to implement and promote culturally competent care, effective language access policies, practices and disseminate best practices to state agencies;  (6) Training of health care providers to help patients/families access appropriate services, including social services, legal services and educational services.  (7) Advocating for solutions to the challenges and barriers to health that a community may face.  History of Section.P.L. 2011, ch. 155,  2; P.L. 2011, ch. 172,  2. 
 23-64-1. Short title. This chapter shall be known as The Minority Populations Health Promotion Act. History of Section.P.L. 1992, ch. 133, art. 102,  1. 
 23-64-2. Purpose and findings. The general assembly has found and hereby declares that: (1) Recent health data indicate that minority groups in Rhode Island, as in the United States, face excess rates of preventable disease compared to other nonminority populations.  (2) The mortality rate for minorities from such preventable diseases as heart disease, cancer and stroke is up to fifty (50) percent higher than non-minorities. Minorities also experience excess deaths from injury and excess morbidity due to low birth weight. All these health problems are amenable to reduction through lifestyle change.  (3) Minority populations in Rhode Island frequently encounter barriers to information and services which promote healthy lifestyles and prevent unnecessary disease.  (4) It is the intent of this chapter to establish a minority population health promotion program to provide health information, education and risk reduction activities to reduce the risk of premature death from preventable disease in minority populations.  (5) The minority health promotion program shall be funded by a tax imposed on smokeless tobacco, cigars and pipe tobacco  substances which have been determined by the United States surgeon general to be associated with preventable death and disease, particularly cancer of the mouth, oral cavity, and pharynx.  History of Section.P.L. 1992, ch. 133, art. 102,  1. 
 23-65-1. Definitions. As used in this chapter: (1) Assistant superintendent means the individual who is an operator who is responsible for the management, operation, and maintenance of a water supply treatment facility or water transmission and distribution system in the absence of the superintendent and who shall have a certificate appropriate to the type and grade of the water treatment facility or water transmission and distribution system. Water system officials not working at the water system treatment facilities or transmission or distribution system, as further defined through the development and establishment of the boards rules and regulations, are not covered by this section.  (2) Board means the board of certification established by  23-65-2.  (3) Certificate means a certificate of competency issued by the director to an individual to operate one or more specified classes of public water supply facilities.  (4) Community water supply means any public water supply which served at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.  (5) Director means the director of the department of health or a subordinate to whom the director has assigned his or her functions.  (6) Groundwater under the direct influence of surface water means any water beneath the surface of the ground with (i) significant occurrence of insects or other microorganisms, algae, or large diameter pathogens such as Giardia Iamblia, or (ii) significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or PH which closely correlate to climatological or surface water conditions.  (7) Non-community non-transient water system means a non-community water system that regularly services at least twenty-five (25) of the same persons over six (6) months per year.  (8) Non-community water system means a public water system that is not a community water system.  (9) Operator means an individual whose routine job duties involve performing operational activities or making decisions regarding the daily operational activities of a public water system, water treatment facility and/or transmission and distribution system, that may directly impact the quality and/or quantity of drinking water. Operator does not apply to an official exercising only general administrative supervision or engineering design duties, such as the city engineer or an elected water commissioner, or clerical or administrative workers involved only in activities such as customer relations, billing, payroll, time keeping, etc.  (10) Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body, or any other legal entity.  (11) Public water supply means a system for the provisions of the public of piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year.  (12) Superintendent means the individual who is an operator who is directly responsible for the management, operation, and maintenance of a water supply treatment facility or water transmission and distribution system during all working shifts and who shall hold a certificate appropriate to the type and grade of the water treatment facility or water transmission and distribution system.  (13) Transmission and distribution system means a network of pipes that transports, distributes, and delivers water from a water treatment facility or well(s) to water system customers.  (14) Water supply treatment facility means an arrangement of devices and structures constructed and/or installed for the purpose of treatment of water supply.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1; P.L. 2000, ch. 286,  1; P.L. 2012, ch. 415,  29. 
 23-65-10. Certification. (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 individuals 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.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1; P.L. 2000, ch. 286,  1. 
 23-65-11. Renewal. (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 candidates 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.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-65-12. Disciplinary actions. The board may revoke, suspend or otherwise discipline the holder of a certificate issued under this chapter when it is found that the individual performed his or her duties in a negligent manner that produced a supply below the standards normal for the particular facility operated; or that he or she has practiced fraud or deception; or that reasonable care, judgment or the application of this knowledge or ability was not used in the performance of his or her duties or that an individual is incompetent or unable to perform his or her duties properly or performed duties in violation of chapter 13 of title 46 or regulations promulgated under chapter 13 of title 46. The board must grant a hearing to any operator prior to deliberations regarding or decision of revocation. Appeal from the decision may be made as provided under chapter 35 of title 42.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1; P.L. 1997, ch. 326,  49. 
 23-65-13. Penalty for violation. Any person who shall be found guilty of violation of any of the provisions of this chapter or any rules and regulations adopted under this chapter shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than thirty (30) days, or both by fine or imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation is repeated or continued.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1; P.L. 1997, ch. 326,  49. 
 23-65-14. Severability. The provisions of this chapter are severable. If any provisions of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without regard to the invalid provisions or application.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-65-15. Excluding requirement of state mandated cost. The provisions of  45-13-7  45-13-10 shall not apply to this chapter. History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-65-2. Board of certification of operators of water supply treatment and distribution facilities. (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.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-65-3. Powers and duties of the board. The board established in this chapter shall have the following duties and powers: (1) Adopt and amend such rules and regulations with the approval of the director as they deem necessary to carry out the provisions of this chapter;  (2) Classify all public water supply treatment facilities as to their size and type and establish specifications for certification of operators of each class of public water supply treatment facility and transmission and distribution system;  (3) Determine by examinations, and from the applicants training and experience, the class and type of certificate, if any, the applicant will be issued;  (4) When taking action with regard to subdivisions (1) and (2), consider generally applicable criteria, regulations and guidelines developed by the association of boards of certification for operating personnel in water utilities;  (5) Direct the director of health to issue certificates to duly qualified applicants;  (6) Investigate complaints and charges of unprofessional conduct against any certified operator;  (7) Direct the director of health to revoke, suspend, or implement other disciplinary action with respect to person issued certifications under this chapter;  (8) Keep records of its proceedings and of all applications for certification;  (9) Encourage all operators to attend classes, seminars, and/or other educational programs periodically to keep abreast of changes and advances in the fields of water supply treatment, operation and management;  (10) Work with the state department of elementary and secondary education to establish various levels of training courses, seminars, and/or other educational programs.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-65-4. Director  Powers and duties. The director shall have the following powers and duties: (1) To issue, pursuant with rules and regulations promulgated by the board and approved by the director, all licenses, certifications, and registrations required by this chapter to duly qualified applicants;  (2) To deny licenses, certifications, and registrations, to revoke, suspend or otherwise discipline licensees in accordance with the provisions of this chapter;  (3) To provide assistance to the board in carrying out the provisions of this chapter by the provision of office space for the meeting of the board, for necessary record-keeping assistance and for clerical and staff assistance;  (4) To exercise all other powers specifically conferred upon him or her by virtue of the provisions of this chapter or other applicable sections of the general laws of the state.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-65-5. Certification of public water supply treatment operators. It is unlawful for any public water supply system using surface water or groundwater under the direct influence of surface water as determined by the director, or any community or non-community non-transient water supply to supply water for human consumption unless the treatment of the water is under the supervision of a superintendent or assistant superintendent who is assigned direct responsibility for the management, operation, and maintenance of the water supply treatment facility during all working shifts at the facility and who shall hold a certificate equal to the grade or classification of the water supply treatment facility, as established by this chapter. In addition, each operator in charge of a shift at a public water supply system using surface water or groundwater under the direct influence of surface water as determined by the director, or any community or non-community non-transient water supply must hold a certificate no less than one grade below the classification of the treatment facility. All persons employed to work as an operator at a water treatment facility must be certified to at least the lowest grade of treatment plant operation certification within a year of hire. Violation of this section is considered a violation of the public drinking water supply under chapter 13 of title 46 and water systems shall be subject to the enforcement and penalty provisions of  46-13-16.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1; P.L. 2000, ch. 286,  1. 
 23-65-6. Certification of public water supply transmission and distribution system operators. It is unlawful for any community or non-community non-transient public water supply transmission and distribution system to distribute water for human consumption unless the operation of the system is under the supervision of a superintendent or assistant superintendent who is assigned direct responsibility for the management, operation, and maintenance of the transmission and distribution system during all working shifts of the system and who shall hold a certificate, equal to the grade or classification of the transmission and distribution system, as established by the rules and regulations of the board. In addition, each person in responsible charge of any field operations of a public community or non-community non-transient water supply transmission and distribution system must hold a certificate one grade lower than the grade of the transmission and distribution system, as established by this chapter. All persons employed to work as an operator at a transmission and distribution system must be certified to at least the lowest grade of transmission and distribution certification granted by the board within a year of hire. Violation of this section shall be considered a violation of the public drinking water supply under chapter 13 of title 46 and water systems shall be subject to the enforcement and penalty provisions of  46-13-16.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1; P.L. 2000, ch. 286,  1. 
 23-65-7. Certification process. A person who desires to be certified as an operator of a water supply treatment facility or a water transmission and distribution system shall file with the board of certification of operators of water supply facilities, established by this chapter, an application upon a form to be furnished by the board. The applicant shall include in the application his or her qualifications under oath. If the qualifications of the applicant meet or exceed the minimum qualifications established by the board for the certification type and grade for which they have applied, the applicant will be allowed to take a certification examination. Examinations shall be held at least twice each year at a time and place designated by the board. If the applicant passes the examination to the satisfaction of the board, the board shall issue the applicant a certification, which shall be in effect for three years from issuance, and may be renewed at that time, provided the operator is in good stead with the board and all conditions outlined in this chapter concerning continuing education are met. The board may establish, through its rules and regulations, provisions for the issuance of temporary emergency or provisional certification to be effective for a period of no longer than one year for good cause shown.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-65-8. Applications. (a) Application for certification shall be made on forms supplied by the board.  (b) The board shall review applications and supporting documents, determine the eligibility of the applicant for examination and notify the applicant of the same.  (c) The fee will not be returned upon failure to pass the examination.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-65-9. Fees. A fee will be charged to each applicant submitting an application to the board, and shall be of an amount determined by the board to cover the cost of the examination, but not more than fifty dollars ($50.00), and shall be submitted with the application form. This fee shall be refundable if the applicant is deemed by the board not qualified to take the examination but shall otherwise be nonrefundable. A renewal fee shall be charged to each certificate holder at the time of renewal. The board shall be responsible for setting this fee which will cover only the direct cost of renewal certificate issuance.  History of Section.P.L. 1995, ch. 190,  1; P.L. 1995, ch. 201,  1. 
 23-66-1. Legislative findings. The general assembly recognizes and declares that: (1) Proper disposal of sewage sludge is important because contaminated or improperly handled sewage sludge can result in pollutants in the environment;  (2) Improper sewage sludge management could lead to environmental degradation of land and air;  (3) Concern for air quality necessitates proper controls over sewage sludge incineration;  (4) Protection of the public health of the residents of Rhode Island is of paramount importance; and  (5) Sewage sludge means solid, semi-solid, or liquid residue generated during the treatment of sewage in a publicly owner treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of sewage in a publicly owned treatment works.  (6) Sewage sludge incineration facility means any plant, structure, equipment, and other property, real, personal, or mixed, for the incineration of sewage sludge, or any property or system to be used in whole or in part for the incineration of sewage sludge, whether or not another purpose is also served by it.  (7) The general assembly declares that in order to protect the public health and welfare, the construction and operation of new sewage sludge incineration facility must be preceded by a comprehensive health risk assessment (hereinafter called the assessment).  History of Section.P.L. 1995, ch. 200,  1. 
 23-66-2. Assessment. Any party or parties wishing to construct and operate a new sewage sludge incineration facility (hereinafter called the proponent) shall complete an assessment. The assessment shall comply with the requirements listed within this chapter as well as any rules, regulations and/or guidance pertaining to the assessment issued by the department of environmental management.  History of Section.P.L. 1995, ch. 200,  1; P.L. 1997, ch. 326,  50. 
 23-66-3. Requirements of the assessment. Each assessment shall include, but not be limited to, the following: (1) An analysis of ambient air conditions, including but not limited to, levels of lead, mercury, zinc, chromium, arsenic, particulates, nitrogen oxide, and any other pollutants as required by the department of environmental management for major stationary sources.  (2) A complete air quality impact analysis will be performed using meteorological data as provided by the United States Weather Service or comparable weather services of the state for the five (5) years preceding the date the protocol is approved and the protocol for conducting such an analysis must be submitted to the department of environmental management for their approval; the area of analysis to be determined by the department of environmental management, but in no case shall the area of analysis be less than one thousand (1,000) meters in radius from the location of the proposed sewage sludge incineration facility; and identification of communities predominantly down-wind of the proposed sewage sludge incineration facility.  (3) The assessment shall include an estimate of planned and reasonably expected stack emission levels including but not limited to heavy metals and related compounds, particulates, arsenic, beryllium, lead, mercury, and nitrogen oxide.  (4) In the assessment the proponent shall demonstrate that other reasonable or suitable alternate disposal and/or reuse method for the sewage sludge have been examined.  (5) The assessment shall evaluate the potential for the proposed sewage sludge incineration facility to incinerate materials other than sewage sludge. The proponent must provide a quality control plan for materials to be incinerated by the proposed facility including but not limited to: sewage sludge imported from other communities, sewage service districts, states or countries; and any material to be incinerated other than sewage sludge.  (6) The assessment shall propose comprehensive plans for emergency conditions including, but not limited to, catastrophic mechanical failure, breakdown and/or fire and shall propose plans for community notification and evacuation in emergency circumstances.  (7) The assessment shall be prepared by a firm or person with extensive experience in the preparation of environmental and health assessments.  (8) The assessment shall include atmospheric modeling to predict substantive environmental and health impacts on and off site as required by federal Environmental Protection Agency Sewage Sludge Regulation 503 and state department of environmental management air pollution control regulations for acceptable ambient levels.  (9) The assessment shall be a condition precedent to the issuance of any air quality permit by the department of environmental management.  History of Section.P.L. 1995, ch. 200,  1. 
 23-66-4. Financing of assessment. The party or parties proposing to build and/or operate the proposed facility shall pay for the assessment in its entirety. If a government or quasi-government agency is the proposer, then the agency must conduct the procurement process pursuant to chapter 2 of title 37 entitled state purchases.  History of Section.P.L. 1995, ch. 200,  1. 
 23-66-5. Review and approval of assessment. (a)(1) The proponent shall submit the assessment to the directors, or their designees of the state department of health and department of environmental management for joint review. The department of health, in its review, shall consider existing studies and data deemed relevant by the department of health regarding public health within a radius of the proposed facility as designated by the department of environmental management in accordance with  23-66-3(2). These data and studies shall be considered in the joint review, and the determination made part of the public record. No air permit shall be issued by the department of environmental management until DEM and the department of health concur that health and environmental risks have been reasonably minimized to the extent practicable under all relevant circumstances.  (2) The assessment shall be published by the department of environmental management and accessible to the public.  (b) There shall be a public comment period of not less than sixty (60) days, commencing with notice, both in the form of a legal notice and a press release, in at least one newspaper with a statewide circulation of at least one hundred thousand (100,000), and in local newspapers within the assessment area printed in English and other appropriate languages specific to the assessment area.  (c) There shall be, within seven (7) days of the end of the public comment period, a public hearing conducted by the department of environmental management at a location within a two (2) mile radius of the proposed facility. A representative of the department of health shall be present at the hearing. Notice of the public hearing shall be conducted according to the same terms required of the public comment period, as described in this section.  History of Section.P.L. 1995, ch. 200,  1. 
 23-66-6. Expansion of existing sewage sludge incineration facilities  Assessment not required. (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.  History of Section.P.L. 1995, ch. 200,  1. 
 23-67-1. Declaration of intent. WHEREAS, The state of Rhode Island recognizes that many women who are uninsured and underinsured, who are victims of breast and cervical cancer, as well as their families, are forced to bear substantial physical, emotional, social, and financial hardships associated with these cancerous illnesses; and  WHEREAS, The financial costs for treatment and continued health care for women stricken with these types of cancer are often prohibitive, because these women are uninsured or underinsured; and  WHEREAS, Many nonprofit organizations in Rhode Island attempt to ameliorate this distressing situation for the victims of breast and cervical cancer by providing services to help defray the costs associated with the care and treatment of these women not otherwise provided for; and  WHEREAS, As admirable as the efforts of these nonprofit organizations are, it is widely acknowledged that they lack the funding to meet all of the needs of the women in this state stricken with breast and cervical cancer.  It is hereby declared to be the intent of the state to provide a means by which breast and cervical cancer victims, whose needs for research, further diagnostic testing and treatment are not otherwise provided for because they are women, who are uninsured or underinsured, may be financed through a special fund as set forth in  23-67-2. It is also intended that funds generated by this special fund be supplemental to any funds which would otherwise be available for the above purposes, and that the funds be used only for research, further diagnostic testing, and treatment.  History of Section.P.L. 1995, ch. 209,  1. 
 23-67-2. The Rhode Island research and treatment fund for breast and cervical cancer  Uses of the fund. (a) There is hereby established a fund to be called the Rhode Island research and treatment fund for breast and cervical cancer which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. The general treasurer is authorized to accept any grant, devise, bequest, donation, gift, services in kind, assignment of money, bonds or other valuable securities for deposit in and credit of the fund. Taxpayer funds shall not be co-mingled as deposited in this fund.  (b) The monies received under this chapter shall be made available by the treasurer annually by September 30 to qualified organizations and shall be distributed equally among all qualified organizations which have been certified by the department of health for the funding year.  (c) Upon distribution to qualified organizations, the monies shall be used exclusively for prevention research and for further diagnostic testing and treatment.  (d) Any eligible organization which seeks qualified organization status for a funding year shall submit an application to the department of health not later than July 15 of the year for which they seek qualified organization status. The application must include:  (1) The specific nature of the services the eligible organization is proposing to provide and which type of cancer said services are proposed to be provided to;  (2) Eligible services that the eligible organization has provided in the past year or is currently providing and the annual cost of the services;  (3) Whether the monies sought under this chapter will be used to fund new or existing programs for eligible services; and  (4) Any other information the department of health deems necessary to facilitate the purposes of this chapter.  (e) Upon receipt of the annual application from eligible organizations as provided in this section, the director of the department of health shall review each application to determine if it complies with the intent and requirements of this chapter. Upon a finding by the director of the department of health that the application so complies, the director of the department of health shall certify that the eligible organization has been designated as a qualified organization for the funding year. The director of the department of health shall provide notice of approval or denial of certification not later than September 15 to each eligible organization which has submitted an annual application.  (f) The director of the department of health is hereby authorized to promulgate any rules or regulations and prescribe forms necessary to facilitate the provisions of this chapter.  History of Section.P.L. 1995, ch. 209,  1. 
 23-67-3. Severability. If the provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 1995, ch. 209,  1. 
 23-68-1. Short title. This chapter may be cited as the Tanning Facility Safety Standards Act. History of Section.P.L. 1996, ch. 333,  1. 
 23-68-2. Legislative findings. The legislature finds that: (1) Various physical complications may arise from frequent and unsupervised use of tanning facilities such as exposure to ultraviolet radiation which can cause severe sunburn and eye injury including cataracts and corneal damage; and  (2) Repeated exposure to ultraviolet light in tanning facilities may also cause premature aging of the skin, skin cancers and abnormal skin sensitivity in persons who may be using certain drugs including some tranquilizers, diuretics, antibiotics, high blood pressure medicines and birth control pills.  (3) It is therefore desirable that citizens are protected against any problems which may result from improperly functioning equipment in tanning facilities, and, given the potential for harm that is presented by establishments using artificial suntan sources, it is imperative that effective minimum safety standards in this health area be established.  History of Section.P.L. 1996, ch. 333,  1. 
 23-68-3. Tanning facility defined. As used in this chapter, tanning facility means any location, place, area, structure, or business that either as a sole service or in conjunction with other services, provides patrons with access to sunlamps, ultraviolet lamps or other equipment intended to induce skin tanning through the irradiation of any part of the human body for cosmetic or nonmedical purposes.  History of Section.P.L. 1996, ch. 333,  1. 
 23-68-4. Safety standards established. The director of the department of health shall, by regulation, establish minimum safety standards for tanning facilities. The standards shall include, but not be limited to:  (1) Establishment of a maximum safe time of exposure to radiation and a maximum safe temperature at which tanning devices may be operated;  (2) A requirement that a timer device be incorporated into each tanning device;  (3) A requirement that a patron at a tanning facility wear protective eye glasses when using tanning equipment and that a patron be supervised as to the length of time the patron uses tanning equipment at the facility;  (4) Requiring that the facility operator post easily legible, permanent warning signs near the tanning equipment that state: Danger  Ultra-violet radiation. Follow all instructions. Avoid overexposure; as well as a list, prepared by the director of the department of health, of prescription and non-prescription drugs that may cause photosensitivity in patients using a tanning center;  (5) Require that the facility have protective shielding for tanning equipment in the facility; and  (6) A prohibition on the use of tanning facilities by a person younger than eighteen (18) years of age.  (a) [Deleted by P.L. 2018, ch. 77,  1 and P.L. 2018, ch. 88,  1].  (b) [Deleted by P.L. 2018, ch. 77,  1 and P.L. 2018, ch. 88,  1].  History of Section.P.L. 1996, ch. 333,  1; P.L. 2012, ch. 406,  1; P.L. 2012, ch. 411,  1; P.L. 2018, ch. 77,  1; P.L. 2018, ch. 88,  1. 
 23-68-5. Certification of facilities. The director of the department of health shall certify that a facility is in compliance with the safety standards established pursuant to  23-68-4 and shall periodically inspect the facility to ensure continued compliance with safety standards enumerated in this chapter.  History of Section.P.L. 1996, ch. 333,  1; P.L. 1997, ch. 326,  51; P.L. 2008, ch. 100, art. 6,  3. 
 23-68-6. Registration of facilities. (a) A tanning facility shall register annually with the department of health on forms provided by the department and shall pay to the department an annual registration fee established by the director for a license.  (b) The director of the department of health shall establish a registration fee schedule, by regulation, to cover the costs of implementing the provisions of this chapter, including the costs incurred by the director pursuant to the provisions of  23-68-5.  History of Section.P.L. 1996, ch. 333,  1; P.L. 1997, ch. 326,  51. 
 23-68-7. Penalties. Any person, firm or corporation who violates the provisions of this chapter shall be punished by a fine not to exceed five hundred dollars ($500) for the first offense and by a fine of not more than one thousand dollars ($1,000) for each subsequent offense.  History of Section.P.L. 1996, ch. 333,  1. 
 23-68-8. Rules and regulations. The director of the department of health shall promulgate rules and regulations necessary to carry out the purposes of this chapter.  History of Section.P.L. 1996, ch. 333,  1. 
 23-69-1. Short title. This chapter shall be cited as the New England Compact on Involuntary Detention for Tuberculosis Control.  History of Section.P.L. 1997, ch. 46,  1; P.L. 1997, ch. 146,  1. 
 23-69-2. New England compact on involuntary detention for tuberculosis control. The New England compact on involuntary detention for tuberculosis control, hereinafter called the compact, is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows:      The purposes of this compact are to: (1) Promote the communicable disease health protection of the public and individuals within the party states.  (2) Provide mutual aid and assistance in communicable disease matters, specifically tuberculosis control, through the utilization of regional centers for the involuntary detention of persons with tuberculosis who will not accept treatment and therefore pose a threat to the health of the public.  (3) Encourage and facilitate the efficient use of personnel, equipment and physical plants by furthering the orderly acquisition and sharing of resources useful for programs of tuberculosis control.      This compact shall become effective when enacted into law by any two (2) or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law.      (a) It shall be the duty of each party state to formulate and put into effect an intrastate procedure for the legal detention of persons with tuberculosis refusing treatment which is compatible with the interstate tuberculosis control plan formulated pursuant to this compact.  (b) Whenever the compact administrator of a party state requests aid from the compact administrator of any other party state pursuant to this compact, it shall be the duty of the requested state to render all possible aid which is consonant with the maintenance and protection of its own people. The compact administrator of a party state may delegate any or all of his or her authority to request aid or respond to requests for aid pursuant to this compact to one (1) or more subordinates, in order that requests for aid and responses thereto shall not be impeded by the reason of absence or unavailability of the compact administrator. Any compact administrator making such a delegation shall inform all the other compact administrators thereof, and also shall inform them of the identity of the subordinate or subordinates to whom delegation has been made.  (c) Each party state shall maintain adequate tuberculosis control personnel and infrastructure to meet normal demands for tuberculosis control within its borders.  (d) Each party state shall ensure that any Rhode Island resident treated pursuant to this compact be provided all protections contained in R.I.G.L. 23-10-6.      (a) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.  (b) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.  (c) All liability that may arise either under the laws of the requesting state or under the laws of the abiding state or under the laws of a third state, on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.  (d) Any party state rendering aid to provide involuntary detention for tuberculosis control shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation and maintenance of employees and equipment incurred in connection with such request; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from donating such services to the receiving party state without charge or cost.  (e) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased employees in case employees sustain injuries, contract disease or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury, disease or death were sustained within the state for or in which the employee was regularly employed.      (a) In recognition of the mutual benefits, in addition to those resulting from Article IV, accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to tuberculosis control, such personnel may be made available to a party state by appropriate departments of other party states: provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved.  (b) Nothing in this article shall be construed to limit or modify in any way the provisions of article IV of this compact.      Each party state shall have a compact administrator who shall be the head of the state agency responsible for tuberculosis control, and who:  (1) Shall coordinate activities pursuant to this compact in and on behalf of his or her state.  (2) Serving jointly with the compact administrators of the other party states, shall develop and keep current an interstate tuberculosis control involuntary detention plan; consider such other matters as may be appropriate in connection with programs of cooperation in the field of tuberculosis control and allied areas of common interest; and formulate procedures for claims and reimbursement under the provisions of article IV.      Nothing in this compact shall be construed to: (1) Authorize or permit any party state to curtail or diminish its tuberculosis control program, equipment, services or facilities.  (2) Limit or restrict the powers of any state ratifying the same to provide tuberculosis control to protect the health of the public and individuals, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to provide such tuberculosis control.  (3) Affect any existing or future cooperative relationship or arrangement between federal, state or local governments and a party state or states.      Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of the other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.      It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person or circumstance shall not be affected thereby.  History of Section.P.L. 1997, ch. 46,  1; P.L. 1997, ch. 146,  1. 
 23-69-3. Formulation of plan. The director of health shall formulate and keep current a tuberculosis control involuntary detention plan for this state, in accordance with the duty assumed in  23-10-6.  History of Section.P.L. 1997, ch. 46,  1; P.L. 1997, ch. 146,  1. 
 23-69-4. Compact administrator. The compact administrator for this state as required by article VI of this compact shall be the director of health.  History of Section.P.L. 1997, ch. 46,  1; P.L. 1997, ch. 146,  1. 
 23-7.1-1. Short title. This chapter shall be known and may be cited as the Rodent Control Act. History of Section.P.L. 1968, ch. 277,  1; G.L. 1956,  23-45-1; P.L. 1979, ch. 39,  1; G.L. 1956,  23-7.1-1. 
 23-7.1-2. Declaration of purpose. The purpose of this chapter is to regulate the systematic control and eradication of rodents in the state so as to promote the public health, welfare, and safety, and to prevent injury, disease, or detriment to human life. It shall be the responsibility of the local communities to institute rodent control programs; however, since an effective rodent control program requires close cooperation between the local communities and the state department of health in planning and carrying out any rodent control program, this chapter requires the department of health to cooperate with local communities in developing and carrying out rodent control programs and to promulgate regulations establishing minimum standards which must be followed by all local communities in the state. This chapter also establishes incentives that encourage local communities to undertake more comprehensive rodent control programs.  History of Section.P.L. 1968, ch. 277,  1: G.L. 1956,  23-45-2; P.L. 1979, ch. 39,  1: G.L. 1956,  23-7.1-2. 
 23-7.1-3. Definitions. As used in this chapter, the following terms shall, unless the context otherwise requires, be construed as follows:  (1) Director means the director of the department of health, or any subordinate or subordinates to whom he or she has delegated the powers and duties vested in him or her by this chapter.  (2) Federal government means the government of the United States of America.  (3) Local communities means any cities and towns of Rhode Island.  (4) Person means any individual, firm, private corporation, association, partnership, municipal corporation, or any other entity recognized by the law as a subject of rights and duties.  (5) Rodent means rats, mice, and/or bats.  (6) State means the government of the state of Rhode Island.  History of Section.P.L. 1968, ch. 277,  1: G.L. 1956,  23-45-3; P.L. 1979, ch. 39,  1: G.L. 1956,  23-7.1-3. 
 23-7.1-4. Powers and duties of the director. It shall be the responsibility of the director to administer this chapter. 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) Exercise general supervision of the administration and enforcement of this chapter.  (2) Promulgate statewide minimum standards for rodent control and any other rules and regulations that may be necessary to further the purposes of this chapter.  (3) Advise, consult, and cooperate with the local communities in furthering the purposes of this chapter.  (4) Assist the local communities in the preparation of rodent control programs and in the preparation of applications to the federal government for the financing of rodent control programs.  (5) Make agreements with local communities with respect to state financing pursuant to this chapter and certify disbursements pursuant to those agreements.  (6) Make available, so far as is feasible and practicable, technical and advisory assistance to aid the local communities in furthering the purposes of this chapter.  (7) Foster and establish continuing biological studies as part of the department of healths program for the systematic control and eradication of rodents.  (8) Exercise all incidental powers necessary to carry out the purposes of this chapter.  History of Section.P.L. 1968, ch. 277,  1: G.L. 1956,  23-45-4; P.L. 1979, ch. 39,  1: G.L. 1956,  23-7.1-4. 
 23-7.1-5. Contributions to local communities. The state may contribute to local communities for comprehensive rodent control programs approved by the director an amount not to exceed one-half (12) of the cost of those programs as determined by the director. If any rodent control programs receive financing from the federal government, the state contribution may not exceed one-half (12) of the excess of the cost of those programs over the federal grant-in-aid for those programs as follows:  (1) If the federal government is financing a given percentage of the total costs of a program, the state contribution will be fixed as a percentage of the total costs and state disbursements will be made on a pro-rata basis at the time disbursements are made by the federal government.  (2) If certain costs are not eligible for federal financing, the director shall nevertheless have the discretion to include those costs in the local contribution for the purpose of determining the maximum state contribution. In those cases, the disbursements of the state contribution will be related to the federal disbursements to the greatest extent possible.  (3) Costs of the department of health attributable to carrying out its duties pursuant to this chapter as well as its regular activities with respect to environmental health will not be counted in determining the maximum amount of the state contribution.  History of Section.P.L. 1968, ch. 277,  1: G.L. 1956,  23-7.1-5; P.L. 1979, ch. 39,  1: G.L. 1956,  23-7.1-5. 
 23-7.1-6. Penalty for violation. Any person who shall knowingly violate any rule or regulation promulgated by the director pursuant to this chapter shall be fined not more than five hundred dollars ($500).  History of Section.P.L. 1968, ch. 277,  1: G.L. 1956,  23-45-6; P.L. 1979, ch. 39,  1: G.L. 1956,  23-7.1-6. 
 23-7.1-7. Bite report not violation of physician-patient relationship. Any report of rodent bites made pursuant to regulations promulgated by the director shall not be deemed a violation of the physician-patient relationship or otherwise contrary to the ethics of the medical profession.  History of Section.P.L. 1968, ch. 277,  1: G.L. 1956,  23-45-7; P.L. 1979, ch. 39,  1: G.L. 1956,  23-7.1-7. 
 23-7.1-8. Severability. If any provision of this chapter or the application of any provision to any person or circumstance shall be held invalid, that invalidity shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 1968, ch. 277,  1: G.L. 1956,  23-45-8; P.L. 1979, ch. 39,  1: G.L. 1956,  23-7.1-8. 
 23-7-1. Short title. This chapter shall be known and cited as The Mosquito Abatement Act. History of Section.P.L. 1978, ch. 108,  2. 
 23-7-10. Notice to cease operation. Whenever any city, town, or district commences any activity set forth in this chapter without first having obtained the written consent of the state mosquito abatement board, or violates any rule or regulation of the board, the director of the department of environmental management shall have the power by written notice to order the violator to cease and desist immediately. If the violator does not conform to the boards order, the director may bring prosecution by complaint and warrant and the prosecution shall be made in the district court of the state. The director, without being required to enter into any recognizance or to give surety for cost, may institute those proceedings in the name of the state. It shall be the duty of the attorney general to conduct the prosecution of all of those proceedings brought by the director. 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  23-7-1  23-7-15.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-11. Annexation by district. Any city or town or subdivisions of any city or town may, if willing, be annexed by appropriate action to a mosquito abatement district.  History of Section.P.L. 1978, ch. 108,  2; P.L. 1988, ch. 66,  1. 
 23-7-12. Dissolution of district. Any mosquito abatement district organized under the provisions of this chapter may be dissolved and discontinued by appropriate action of either the state mosquito abatement board or the district council. Notice of dissolution must be filed with the secretary of state and the state mosquito abatement board.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-13. Disconnection of territory from district. Any town or city or subdivision of any city or town which lies within a mosquito abatement district may be disconnected, if willing, from a district upon the proper action by the council.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-14. Severability. The invalidity of any part or portion of this chapter shall not affect the validity of the remaining part of this chapter.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-15. Emergency powers. Nothing in this chapter shall prevent the director of health in an extreme emergency to the public health from exercising powers provided in  23-1-20  23-1-23.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-16. Grants for mosquito abatement. (a) Consistent with the provisions of this chapter and the rules and regulations promulgated pursuant to the provisions of this chapter, the mosquito abatement board shall establish a competitive grant program. Only a mosquito abatement district formed or authorized pursuant to  23-7-7 is eligible to receive a grant pursuant to this section. A mosquito abatement district shall be eligible to apply for one grant per year. The purpose of the grant program shall be to provide financial support to mosquito abatement districts for programs of long term preventive mosquito control that lead to minimization of pesticide use and minimal disruption of natural environments. The mosquito abatement board shall promulgate rules and regulations regarding the awarding of grants pursuant to this section. Appropriate uses of grant money may include, but are not limited to, the following: assisting cities and towns in mapping and data collection or in any start-up projects relating to the establishment of a mosquito abatement district, inventory of larval mosquito breeding sources, application of innovative and environmentally sound mosquito control methods, execution of approved water management projects which deal with mosquito control, and the purchase of educational materials and educational services, larvicide application equipment, and larval management operations. All grants shall be used in a manner consistent with established state policy for mosquito abatement. In the event that a district does not utilize all or any portion of its grant money, then the district shall return to the mosquito abatement board the nonutilized grant money.  (b) The mosquito abatement board pursuant to chapter 35 of title 42 shall promulgate in regulation form the criteria upon which the grants will be awarded. The regulations setting forth grant criteria, in their final form, shall be given to all grant applicants. The mosquito abatement board shall clearly state, in writing, the reasons for its approval or denial of a grant.  (c) The director of the department of environmental management will allocate funds to the Rhode Island mosquito abatement board to establish and carry out the mosquito abatement grant program. This program shall consist of up to eighty percent (80%) state matching grants for all eligible uses as outlined in subsection (a) of this section. Grants issued to Rhode Island cities and towns registered with the mosquito abatement board as mosquito abatement districts shall be conducted in accordance with this chapter and all rules and regulations promulgated pursuant to this chapter.  History of Section.P.L. 1989, ch. 96,  1; P.L. 2001, ch. 139,  1. 
 23-7-2. Declaration of policy. Mosquitoes in Rhode Island do not pose a routine threat to the public health. There has rarely, if ever, been a case of mosquito-transmitted viral encephalitis recorded in this state. Mosquitoes are recognized to be a nuisance problem to the residents of this state. Specifically, it is declared to be the policy of the state that:  (1) Since large amounts of money have been spent by some individual cities and towns on mosquito control programs that have been ineffective, a combined effort by contiguous municipalities would be more economical and beneficial.  (2) The environment surrounding the areas within which mosquitoes live and breed shall remain in such condition that it will continue to sustain the full range of natural plant and animal life characteristic of that area while providing relief from that nuisance.  (3) Unwarranted and sometimes excessive spraying can irreversibly damage the environment. For this reason, pesticide use must be minimized.  (4) Water-level management is presently the best type of program suited for most areas of this state.  (5) Mosquito abatement programs should be accompanied by a public education campaign emphasizing individual citizens action for home and yard relief.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-3. Board established. There shall be established a state mosquito abatement board consisting of eleven (11) members. The board shall have the authority to approve, authorize, regulate, terminate and/or deny any and all mosquito abatement programs of any type within the state. The board shall have the authority to promulgate and enforce rules and regulations in accordance with chapter 35 of title 42 as may be deemed necessary by the board. Specifically, the board may prescribe or prohibit by regulation the use of materials, rates of application, methods, and timing to be used in the application of pesticides for mosquito control when necessary to protect health or property, or to prevent injury to plants and animals (including pollinating insects, birds, and aquatic life). In issuing its regulations, the board shall give due consideration to pertinent research findings, recommendations, and laws or regulations of other agencies of the state and of the federal government and to the best interests of the environment. Specifically, the director of environmental management, on behalf of the board, is authorized to enter or examine at any reasonable time those premises that the board considers necessary to carry out its responsibilities under  23-7-1  23-7-15. The board may also provide technical assistance and educational information to any city, town, subdivision of any city or town, or any district in the development and implementation of a mosquito abatement program. The board shall draw staff support from the department of environmental management with the consent of the director.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-4. Membership of board. (a) The directors of the departments of health and environmental management, or their designees, shall be ex officio members. The governor shall, with the advice and consent of the senate, appoint one professional agricultural chemist, one professional wildlife biologist, one professional entomologist, one medical doctor, one person representing an established conservation or environmental group within the state, and three (3) citizens representing any four (4) cities, towns, subdivisions of cities or towns, or districts, having regard, among other factors, to their qualifications, experience, and interest in effective mosquito control. Members of the board shall annually elect their own officers.  (b) Those members of the commission as of January 1, 2005 who are members of the general assembly shall cease to be members of the commission on January 1, 2005 and the director shall appoint two (2) new members, representing two (2) cities, towns, subdivisions of cities or towns, or districts, having regard, among other factors, to their qualifications, experience and interest in effective mosquito control, each of whom shall serve for a three (3) year term.  (c) All appointed public members as of January 1, 2005 shall continue to serve the balance of their current terms.  (d) Except as provided in subsection (b) of this section, members shall serve until their successors are appointed and qualified.  (e) No person shall be eligible for appointment pursuant to this section unless he or she is a resident of this state.  History of Section.P.L. 1978, ch. 108,  2; P.L. 2001, ch. 180,  41; P.L. 2006, ch. 22,  3; P.L. 2006, ch. 27,  3. 
 23-7-5. Vacancies, quorum and removal for cause. (a) Any vacancy which may occur in the board shall be filled by the governor with the advice and consent of the senate for the remainder of the unexpired term. A member shall be eligible to succeed himself or herself.  (b) Six (6) members of the board shall constitute a quorum.  (c) Members of the board shall be removable by the governor pursuant to  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.  History of Section.P.L. 1978, ch. 108,  2; P.L. 2001, ch. 180,  41; P.L. 2006, ch. 22,  3; P.L. 2006, ch. 27,  3. 
 23-7-6.1. Officers of the board. Upon the appointment of the two (2) new members prescribed in subsection 23-7-5(b), the board shall elect from among its members a chair. Thereafter, the board shall annually elect in October a chair from among the members. The board may elect from among its members such other officers as it deems necessary.  History of Section.P.L. 2006, ch. 22,  4; P.L. 2006, ch. 27,  4. 
 23-7-6.2. Board training. Newly appointed and qualified members of the board and new designees of ex officio members are required to complete a training course within six (6) months of their qualification or designation. The course shall be developed by the chair of the board, approved by the board and conducted by the chair of the board. The board may approve the use of any board or staff members or other individuals to assist with training. The course shall include instruction in the following areas: the provisions of chapters 23-7, 42-46, 36-14 and 38-2; and the boards rules and regulations. The director of the department of administration shall, within ninety (90) days of April 20, 2006, prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.  History of Section.P.L. 2006, ch. 22,  4; P.L. 2006, ch. 27,  4; P.L. 2008, ch. 475,  39. 
 23-7-6.3. Reporting requirements. Within ninety (90) days after the end of each fiscal year, the board 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, 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 any legal matters related to the authority of the board; a summary of any training courses held pursuant to  23-7-6.1; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically as prescribed in  42-20-8.2. The director of the department of administration shall be responsible for the enforcement of this provision.  History of Section.P.L. 2006, ch. 22,  4; P.L. 2006, ch. 27,  4. 
 23-7-6. Meetings. The members of the board shall meet initially at the call of the director of environmental management and, at their first meeting, shall elect a chairperson, a secretary, and any other officers that they may find necessary. Thereafter, the board shall meet as necessary, but not less than three (3) times per year. All regular board meetings shall be open to the public and all records of its proceedings, resolutions, and actions shall be open to public view.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-7. Establishment of mosquito abatement districts and local councils. Any city or town or subdivision of a city or town or any two (2) or more cities and towns in Rhode Island and bordering communities may become a mosquito abatement district in accordance with chapter 43 of title 45. That district must be titled The mosquito abatement district. Notice of the formation of a mosquito abatement district must be filed with the secretary of state with a description of the proposed boundaries of the district. Any mosquito abatement district formed must also notify the state mosquito abatement board through the agricultural division of the department of environmental management. Under normal conditions, no city or town or subdivision of a city or town, or number of cities and towns, shall undertake any mosquito control program without first being established as a mosquito abatement district and without approval of its mosquito control program by the board. The board shall be allowed ninety (90) days to act upon the proposed mosquito control program. A district council shall be established in accordance with  45-24-36 and shall be called The mosquito abatement council. That council is declared to be the corporate authority of that district and shall exercise all of the powers and control all of the affairs and property of that district. The council shall keep regular records of all proceedings and financial affairs that shall be open to the inspection of the public at reasonable hours.  History of Section.P.L. 1978, ch. 108,  2; P.L. 1988, ch. 66,  1. 
 23-7-8. Powers and duties of councils. With the prior approval and written consent of the state mosquito abatement board, the council of the district shall have the power to take all necessary or proper steps for the extermination of mosquitoes within the district and to abate as nuisances all stagnant pools of water and other breeding places for mosquitoes within the district, to purchase supplies and materials and to employ labor and assistants that may be necessary or proper in furtherance of the objects of the council, to build, construct, and repair and maintain necessary levees, cuts, canals, or channels upon land within the district, and generally to do any and all things necessary or incident to powers granted and to carry out the objects specified in this section. Prior to adoption of a district mosquito abatement program, a public hearing must be held. A hearing required by a federal, state, or municipal agency on the program will suffice for purposes of this section.  History of Section.P.L. 1978, ch. 108,  2. 
 23-7-9. Right to appeal board decisions. Any decision of the state mosquito abatement board on a proposed mosquito abatement program may be appealed to the director of environmental management. Appeal proceedings shall be in accordance with chapter 35 of title 42.  History of Section.P.L. 1978, ch. 108,  2. 
 23-70-1. Purpose of chapter. The legislature finds that: (1) Osteoporosis, a bone-thinning disease, is a major public health problem that, in many cases remains undiagnosed, resulting in fractures, pain, disability and immobility;  (2) Early detection and prevention are critical health care strategies for those at risk of osteoporosis; and  (3) It is in the public interest of this state to promote public awareness of the benefits and value of the early detection, prevention and appropriate treatment of osteoporosis.  History of Section.P.L. 1997, ch. 265,  1. 
 23-70-2. Osteoporosis program. Using existing resources, the department shall educate the public on the causes of osteoporosis and the personal risk factors associated with the development of osteoporosis, publicize the value of early detection and prevention, and identify the most cost-effective options available for treatment.  History of Section.P.L. 1997, ch. 265,  1. 
 23-70-3. Task force. (a) In developing the program created by  23-69-2, the director of the department of health may appoint a task force to make recommendations on strategies for educating the public on the health benefits of early detection and prevention of osteoporosis.  (b) Members of the task force are not entitled to compensation, a per diem, or expense reimbursement for their service on the task force.  History of Section.P.L. 1997, ch. 265,  1. 
 23-71-1. Legislative findings and purpose. (a) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The surgeon general has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.  (b) Cigarette smoking also presents serious financial concerns for the state. Under certain health care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive the medical assistance.  (c) Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.  (d) It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that those manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.  (e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the Master Settlement Agreement, with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described in the settlement agreement, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.  (f) It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into a settlement could use a resulting cost advantage to derive large, short term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that the manufacturers establish a reserve fund to guarantee a source of compensation and to prevent the manufacturers from deriving large, short term profits and then becoming judgment proof before liability may arise.  History of Section.P.L. 1999, ch. 178,  1. 
 23-71-2. Definitions. (a) Adjusted for inflation means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the Master Settlement Agreement.  (b) Affiliate means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms owns, is owned, and ownership mean ownership of an equity interest or the equivalent of an equity interest of ten percent (10%) or more, and the term person means an individual, partnership, committee, association, corporation, or any other organization or group of persons.  (c) Allocable share means allocable share as that term is defined in the Master Settlement Agreement.  (d) Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by, consumers as a cigarette described in clause (1) of this definition. The term cigarette includes roll your own (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of cigarette, 0.09 ounces of roll your own tobacco constitutes one individual cigarette.  (e) Master Settlement Agreement means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers.  (f) Qualified escrow fund means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars ($1,000,000,000) where the arrangement requires that the financial institution hold the escrowed funds principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds principal except as consistent with  23-71-3.  (g) Released claims means released claims as that term is defined in the Master Settlement Agreement.  (h) Releasing parties means releasing parties as that term is defined in the Master Settlement Agreement.  (i)(1) Tobacco product manufacturer means an entity that after the date of enactment of this chapter directly (and not exclusively through any affiliate):  (i) Manufactures cigarettes anywhere that the manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer, except where the importer is an original participating manufacturer as that term is defined in the Master Settlement Agreement that will be responsible for the payments under the Master Settlement Agreement with respect to the cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of the cigarettes does not market or advertise the cigarettes in the United States;  (ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or  (iii) Becomes a successor of an entity described in subdivision (i) or (ii).  (2) The term tobacco product manufacturer does not include an affiliate of a tobacco product manufacturer unless the affiliate itself falls within any of (a)(1)(i)  (iii).  (j) Units sold means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or roll your own tobacco containers) bearing the excise tax stamp of the state or unstamped roll your own containers. The division of taxation shall promulgate any regulations that are necessary to ascertain the amount of state excise tax paid on the cigarettes of the tobacco product manufacturer for each year.  History of Section.P.L. 1999, ch. 178,  1; P.L. 2001, ch. 10,  1; P.L. 2004, ch. 382,  1; P.L. 2004, ch. 461,  1. 
 23-71-3. Requirements. 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 attorneys 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.  History of Section.P.L. 1999, ch. 178,  1; P.L. 2001, ch. 10,  1; P.L. 2004, ch. 382,  1; P.L. 2004, ch. 461,  1. 
 23-72-1. Legislative findings. The general assembly finds and declares: (1) Mercury from trash incinerators, coal fired power plants, municipal solid waste, hazardous waste sites, and other human made sources has been identified in virtually every body of water in New England, as well as the oceans.  (2) Nearly all fish contain at least trace amounts of methyl mercury, which is formed by the action of bacteria on elemental mercury.  (3) Many types of freshwater fish caught in Rhode Island and some saltwater fish sold in Rhode Island may be contaminated with mercury, a toxic element that causes neurological damage.  (4) According to the US Food and Drug Administration, certain species of tuna, shark and swordfish can have mercury levels over 1.0 parts per million, the FDA limit for human consumption.  (5) The FDA advises pregnant women of childbearing age to limit their consumption of shark and swordfish to no more than once a month. Other persons are advised to limit their consumption of shark and swordfish to no more than seven (7) ounces per week.  (6) However, this health advisory information, which is necessary to protect public health, is not widely known nor widely disseminated by the state or federal government, potentially threatening many Rhode Island residents who may unknowingly ingest harmful amounts of mercury from fish.  History of Section.P.L. 2001, ch. 252,  1; P.L. 2001, ch. 375,  1. 
 23-72-2. Definitions. Department means the department of health. History of Section.P.L. 2001, ch. 252,  1; P.L. 2001, ch. 375,  1. 
 23-72-3. Consumer mercury alert notice. (a) The department, in consultation with the department of environmental management, shall prepare a consumers 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.  History of Section.P.L. 2001, ch. 252,  1; P.L. 2001, ch. 375,  1. 
 23-72-4. Mercury consumers guide. (a) The department of health shall prepare a consumers guide to mercury and other health advisories. The department of health shall make copies available to the department of environmental management, division of fish and wildlife, at no charge, for distribution to private and public entities designated to issue fishing licenses.  (b) The department shall update the consumers guide as necessary, and shall make copies of the guide available to other members of the public upon request. The guide shall be printed in large type in English, Spanish and other languages used in the state. The guide shall also list the telephone number that consumers may call for further information about the health advisories.  (c) The department of environmental management shall require that a copy of the consumers guide be distributed to all applicants for a fishing license at the time the license is issued. The department of environmental management shall include on each fishing license issued in Rhode Island one hundred eighty (180) days after the effective date of this act [July 13, 2001] the telephone number established that residents may call for further information about the health advisories.  History of Section.P.L. 2001, ch. 252,  1; P.L. 2001, ch. 375,  1. 
 23-72-5. Penalties. 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.  History of Section.P.L. 2001, ch. 252,  1; P.L. 2001, ch. 375,  1. 
 23-72-6. Severability. 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.  History of Section.P.L. 2001, ch. 252,  1; P.L. 2001, ch. 375,  1. 
 23-73-1. Findings. (a) The legislature finds that latex allergies are increasingly becoming a problem for people who are exposed to disposable nonsterile and sterile latex gloves, such as health care workers, patients, food service workers, manufacturers, hair dressers, child care workers, and children.  (b) There are three (3) categories of latex allergies:  (1) Irritant dermatitis;  (2) Allergic contact dermatitis (delayed hypersensitivity); and  (3) Immediate hypersensitivity latex allergy.  (c) Reaction to latex may manifest through skin rashes, hives, itching, swollen skin, swollen lips and tongue, shortness of breath, dizziness, fainting, eyes or sinus symptoms, asthma and difficulty breathing, coughing spells, wheezing, and shock.  (d) In 1997, the National Institute for Occupational Safety and Health issued an alert concerning the danger of exposure to latex products and requested assistance preventing allergic reactions to natural rubber latex among workers who use gloves and other products containing latex.  (e) On April 12, 1999, the Occupational Safety and Health Administration, United States Department of Labor, issued the Technical Bulletin concerning the potential harm to workers from natural rubber latex gloves and other natural rubber products, such as gloves, airway masks, medication vial caps, anesthesia bags, catheters, intravenous supplies, dental dams, balloons, and other products.  (f) Latex gloves are the major contributor for latex allergies.  (g) The United States Food and Drug Administration requires medical devices containing latex to carry a warning about potential allergic reaction.  (h) In 1995, the American College of Allergy, Asthma, and Immunology concluded that the single greatest product causing adverse reaction to latex rubber are latex gloves.  (i) The National Institute of Safety and Health concluded that latex allergies can be prevented if employers establish policies that protect workers and the public from unnecessary latex exposure.  History of Section.P.L. 2001, ch. 383,  1. 
 23-73-2. Use of latex gloves. (a) The use of disposable, nonsterile and sterile natural rubber latex gloves shall be prohibited by any person, firm, or corporation, registered pursuant to  21-27-10 and 21-27-11.  (b) Any firm, business, or corporation, regulated by the state of Rhode Island which uses latex gloves shall post a notice informing employees and the public:  (1) That natural rubber latex gloves are used by the regulated entity;  (2) That exposure to latex may result in the development of an allergy;  (3) That allergic reactions to natural rubber latex can manifest by skin rash, hives, nasal and eye irritation, asthma, and shock; and  (4) That should you or your family experience allergic reaction symptoms, then you should contact your health care provider.  (c) The notice shall include letters which are at least three-eighths (38) of an inch high and be posted in conspicuous areas throughout the firm, business or corporation.  (d) The notice shall be posted in English, Spanish, and other languages served by the business, corporation, entity, or facility.  History of Section.P.L. 2001, ch. 383,  1. 
 23-73-3. Rules and regulations. (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.  History of Section.P.L. 2001, ch. 383,  1. 
 23-73-4. Enforcement. It shall be the duty of the director of the department of health to enforce the provisions of this chapter and to prosecute all persons who violate this chapter. In all such enforcements and prosecutions, the director shall not be required to enter into any recognizance or give surety for costs.  History of Section.P.L. 2001, ch. 383,  1. 
 23-73-5. Penalty. Any person, firm, or corporation, which is regulated by Rhode Island general laws, which violates any of the provisions of this chapter shall be subject to a fine of five hundred dollars ($500), and may be subject to any and all penalties provided for in Rhode Island general laws which regulate the violators industry, including revocation of licenses.  History of Section.P.L. 2001, ch. 383,  1. 
 23-74-1. Definitions and applicability. (a) As used in this chapter, the following terms have the following meanings:  (1) Director or director of health means the director of the department of health or the directors designee;  (2) Unlicensed health care client means an individual who receives services from an unlicensed health care practitioner;  (3) Unlicensed health care practices means the broad domain of unlicensed healing methods and treatments, including, but not limited to: (i) acupressure; (ii) Alexander technique; (iii) aroma therapy; (iv) ayurveda; (v) cranial sacral therapy; (vi) crystal therapy; (vii) detoxification practices and therapies; (viii) energetic healing; (ix) rolfing; (x) Gerson therapy and colostrum therapy; (xi) therapeutic touch; (xii) herbology or herbalism; (xiii) polarity therapy; (xiv) homeopathy; (xv) nondiagnostic iridology; (xvi) body work; (xvii) reiki; (xviii) mind-body healing practices; (ixx) naturopathy; and (xx) Qi Gong energy healing. Unlicensed health care practices do not include surgery, x-ray radiation, prescribing, administering, or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, any practice included in the practice of dentistry, the manipulation or adjustment of articulations of joints, or the spine, also known as chiropractic medicine as defined in chapter 30 of title 5, the healing art of acupuncture as defined in chapter 37.2 of title 5, or practices that are permitted under  5-37-15 or  5-34-31(6).  (4) Unlicensed health care practitioner means a person who:  (i) Is not licensed by a health-related licensing board or the director of health; or holds a license issued by a health-related licensing board or the department of health in this state, but does not hold oneself out to the public as being licensed or registered by the director or a health-related licensing board when engaging in unlicensed health care;  (ii) Has not had a license issued by a health-related licensing board or the director of health revoked or suspended without reinstatement unless the right to engage in unlicensed health care practices has been established by order of the director of health;  (iii) Is engaging in unlicensed health care practices; and  (iv) Is providing unlicensed health care services for remuneration or is holding oneself out to the public as a practitioner of unlicensed health care practices.  (b) This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act [see 21 U.S.C.  321(ff)], educating customers about those products, or explaining the uses of those products. Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis.  (c) A health care practitioner, licensed or registered by the director or a health-related licensing board, who engages in unlicensed health care while practicing under the practitioners license or registration, shall be regulated by and be under the jurisdiction of the applicable health-related licensing board with regard to the unlicensed health care practices.  (d) Subject to the provisions of this chapter, persons in Rhode Island are authorized to practice as unlicensed health care practitioners and receive remuneration for their services.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-10. Hearings. (a) If the director proposes to take action against the practitioner as described in this chapter and pursuant to  23-1-22, the director must first notify the practitioner against whom the action is proposed to be taken and provide the practitioner with an opportunity to request a hearing. If the practitioner does not request a hearing by notifying the director within thirty (30) days after service of the notice of the proposed action, the director may proceed with the action without a hearing. If a hearing is requested, a hearing shall be scheduled by the director as soon as is practicable. The director shall, issue a notice of a hearing of the charges, which shall specify the time and place of the hearing and notify the accused that he or she may file with the director a written response within twenty (20) days of the date of service. The notice shall also notify the accused that a stenographic record of the proceedings will be kept, that he or she will have the opportunity to appear personally and to have counsel present with the right to produce witnesses and evidence in his or her own behalf, to cross examine witnesses, to examine any documentary evidence that may be produced against him or her and to have subpoenas issued by the director.  (b) The director may at the directors discretion reinstate the right to practice and may impose any disciplinary measure listed under this chapter. Provided, the time limits set forth in this chapter shall control over any inconsistent or contrary provisions in  23-1-22.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-11. Suspension. (a) Penalties in suspension. In addition to any other remedy provided by law, the director may, acting through a person to whom the director has delegated this authority and without a hearing, suspend the right of an unlicensed health care practitioner to practice if the directors delegate finds that the practitioner has violated a statute or rule that the director is empowered to enforce and continued practice by the practitioner would create an immediate risk of harm to others. The suspension is in effect upon service of a written order on the practitioner specifying the statute or rule violated. The order remains in effect until the director issues a final order in the matter after a hearing or upon agreement between the director and the practitioner. Service of the order is effective if the order is served on the practitioner or counsel of record personally or by first class mail. Within ten (10) days of service of the order, the director shall hold a hearing. Within five (5) working days after the hearing, the director shall issue an order.  (b) All findings in hearings under this chapter shall be made by clear and convincing evidence.  (c) Any practitioner aggrieved by an order of the director may appeal the order pursuant to the provisions of the Administrative Procedures Act, chapter 35 of title 42.  (d) Automatic suspension. The right of an unlicensed health care practitioner to practice is automatically suspended if: (1) a guardian of an unlicensed health care practitioner is appointed by order of a court of competent jurisdiction; or (2) the practitioner is committed by order of a court. The right to practice remains suspended until the practitioner is restored to capacity by a court and upon petition by the practitioner; the director terminates the suspension after a hearing or upon agreement between the director and the practitioner.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-12. Licensed or regulated practitioners. If a practitioner investigated under this chapter is licensed or registered by the director of health or a health-related licensing board, is subject to the jurisdiction of the director, and the director determines that the practitioner has violated any provision of this chapter, the director in addition to taking disciplinary action under this section:  (1) May, if the practitioner is licensed or regulated in another capacity by the director, take further disciplinary action against the practitioner in that capacity; or  (2) Shall, if the practitioner is licensed or registered in another capacity by a health-related licensing board, report the directors findings under this section, and may make a nonbinding recommendation that the board take further action against the practitioner in that capacity.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-13. Additional remedies. (a) Cease and desist.(1) The director may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the department has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice of the persons right to request a hearing under the provisions of both this chapter and chapter 1 of title 23. If, within fifteen (15) days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the director and is not reviewable by a court or agency.  (2) A hearing must be initiated by the department not later than thirty (30) days from the date of the departments receipt of a written hearing request. Within thirty (30) days of the hearing the director shall issue a final order modifying, vacating, or making permanent the cease and desist order, as the facts require. The final order remains in effect until modified or vacated by the director.  (3) When a request for a stay accompanies a timely hearing request, the director may, in the directors discretion, grant the stay. If the director does not grant a requested stay, the director shall refer the request to the superior court within three (3) working days of receipt of the request. Within ten (10) days after receiving the request from the director, a superior court judge shall issue an order to grant or deny the stay.  (4) In the event of noncompliance with a cease and desist order, the director may institute a proceeding in superior court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the department not exceeding ten thousand dollars ($10,000) for each separate violation.   (b) Injunctive relief. In addition to any other remedy provided by law, including the issuance of a cease and desist order under subsection (a) of this section, the director may in his or her own name, bring an action in superior court for injunctive relief to restrain an unlicensed health care practitioner from a violation or threatened violation of any statute, rule, or order which the director is empowered to regulate, enforce, or issue.  (c) Additional powers. The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a practitioner from criminal prosecution by a competent authority or from disciplinary action by the director.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-14. Unlicensed health care client bill of rights. (a) Scope. All unlicensed health care practitioners shall provide to each unlicensed health care client prior to providing treatment a written copy of the unlicensed health care client bill of rights. A copy must also be posted in a prominent location in the office of the unlicensed health care practitioner. Reasonable accommodations shall be made for those clients who cannot read or who have communication impairments and those who do not read or speak English. The unlicensed health care client bill of rights shall include the following:  (1) The name, unlicensed health care title, business address, and telephone number of the unlicensed health care practitioner;  (2) The degrees, training, experience, or other qualifications of the practitioner regarding the unlicensed health care being provided, followed by the following statement in bold print:  The state of Rhode Island has not adopted any educational and training standards for unlicensed health care practitioners. This statement of credentials is for information purposes only.  Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis. If a client desires a diagnosis from a licensed physician, chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse, osteopath, physical therapist, dietician, nutritionist, acupuncture practitioner, athletic trainer, or any other type of health care provider, the client may seek such services at any time;  (3) The name, business address, and telephone number of the practitioners supervisor, if any;  (4) Notice that an unlicensed health care client has the right to file a complaint with the practitioners supervisor, if any, and the procedure for filing complaints;  (5) The name, address, and telephone number of the department and notice that a client may file complaints with the department;  (6) The practitioners fees per unit of service, the practitioners method of billing for the fees, the names of any insurance companies that agreed to reimburse the practitioner, or health maintenance organizations with whom the practitioner contracts to provide service, whether the practitioner accepts Medicare, medical assistance, or general assistance medical care, and whether the practitioner is willing to accept partial payment, or to waive payment, and in what circumstances;  (7) A statement that the client has a right to reasonable notice of changes in services or charges;  (8) A brief summary, in plain language, of the theoretical approach used by the practitioner in providing services to clients;  (9) Notice that the client has a right to complete and current information concerning the practitioners assessment and recommended service that is to be provided, including the expected duration of the service to be provided;  (10) A statement that clients may expect to be free from verbal, physical, or sexual abuse by the practitioner;  (11) A statement that client records and transactions with the practitioner are confidential, unless release of these records is authorized in writing by the client, or otherwise provided by law;  (12) A statement of the clients right to be allowed access to records and written information from records in accordance with the provisions of this chapter;  (13) A statement that the client has the right to choose freely among available practitioners and to change practitioners after services have begun, within the limits of health insurance, medical assistance, or other health programs;  (14) A statement that the client has a right to a coordinated transfer when there will be a change in the provider of services;  (15) A statement that the client may refuse services or treatment, unless otherwise provided by law; and  (16) A statement that the client may assert the clients rights without retaliation.  (b) Acknowledgement by client. Prior to the provision of any service, an unlicensed health care client must sign a written statement attesting that the client has received the unlicensed health care client bill of rights.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-2. Maltreatment of minors prohibited. Nothing in this chapter shall restrict the ability of a local law enforcement agency or the director of the department of children, youth and families to take action regarding the maltreatment of minors. A parent who obtains unlicensed health care for the parents minor child is not relieved of the duty to seek necessary medical care consistent with the requirements of the general laws. A complementary or alternative health care practitioner who is providing services to a child shall be subject to the reporting provisions of chapter 11 of title 40, entitled Abused and Neglected Children.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-3. Professional accountability. The department shall maintain and keep current a file containing the reports and complaints filed against unlicensed health care practitioners within the directors jurisdiction. Each complaint filed with the department must be investigated.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-4. Prohibited conduct. The director may impose disciplinary action as described in this chapter against any unlicensed health care practitioner. The following conduct is prohibited and is grounds for disciplinary action:  (1) Conviction of a crime, including a finding or verdict of guilt, and admission of guilt, or a no contest plea, in any court in Rhode Island or any other jurisdiction in the United States, reasonably related to engaging in health care practices. Conviction, as used in this subdivision, includes a conviction of an offense which, if committed in this state, would be deemed a felony or misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered.  (2) Engaging in sexual contact with an unlicensed health care client, engaging in contact that may be reasonably interpreted by a client as sexual or engaging in sexual exploitation of a client.  (3) Advertising that is false, fraudulent, deceptive, or misleading.  (4) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health or safety of an unlicensed health care client in which case, proof of actual injury need not be established.  (5) Adjudication as mentally incompetent or as a person who is dangerous to self or adjudicated as any of the following: chemically dependent, mentally ill, mentally retarded, mentally ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous person.  (6) Inability to engage in unlicensed health care practices with reasonable safety to unlicensed health care clients.  (7) Dependence upon controlled substances, habitual drunkenness or engaging in unlicensed health care practices while intoxicated or incapacitated by the use of drugs.  (8) Revealing a communication from, or relating to, an unlicensed health care client except when otherwise required or permitted by law.  (9) Failure to comply with an unlicensed health care clients request to furnish an unlicensed health care client record or report required by law.  (10) Splitting fees or promising to pay a portion of a fee to any other professional other than for services rendered by the other professional to the unlicensed health care client.  (11) Engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws.  (12) Obtaining money, property, or services from an unlicensed health care client, other than reasonable fees for services provided to the client, through the use of undue influence, harassment, duress, deception, or fraud.  (13) Failure to provide an unlicensed health care client with a copy of the client bill of rights or violation of any provision of the client bill of rights.  (14) Violating any order issued by the director.  (15) Failure to comply with any provision of any rules adopted by the director.  (16) Failure to comply with any additional disciplinary grounds established by the director by rule.  (17) Revocation, suspension, restriction, limitation, or other disciplinary action against any health care license, certificate, registration, or right to practice of the unlicensed health care practitioner in this or another state or jurisdiction for offenses that would be subject to disciplinary action in this state or failure to report to the department that charges regarding the practitioners license, certificate, registration, or right of practice have been brought in this or another state or jurisdiction.  (18) False or misleading use of the title doctor, Dr., physician alone or in combination with any other words, letters, or insignia to describe the unlicensed health care practices the practitioner provides.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-5. Less customary approach. The fact that a health care practice may be a less customary approach to health care shall not constitute the basis of a disciplinary action per se.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-6. Evidence in actions. In any disciplinary action alleging a professional violation of the provisions of this chapter, a copy of the judgment or proceeding under the seal of the court administrator or clerk of the administrative agency that entered the judgment or proceeding is admissible into evidence without further authentication and constitutes prima facie evidence of its contents.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-7. Examination access of medical data. The director may require an unlicensed practitioner to undergo a physical or psychiatric examination by a physician acceptable to the director from a list provided to the practitioner if probable cause exists to believe that allegations of misconduct against him or her are caused by an impairment which has directly affected his or her ability to conduct his or her practice professionally. In such circumstances, the director shall also be entitled to obtain confidential health care information of the practitioner without the practitioners consent. The director may not discriminate on the basis of disability in the administration of this section, nor subject qualified individuals with disabilities to any discrimination on the basis of a disability. All decisions of the director shall be based on the allegation of unprofessional conduct and not due to probable cause of the conduct being related to the disability of the practitioner. An unlicensed health care practitioner affected under this section shall at reasonable intervals be given an opportunity to demonstrate that the practitioner can resume the provision of health care practices with reasonable safety to clients. In any proceeding under this section, neither the record of proceedings nor the orders entered by the director shall be used against an unlicensed health care practitioner in any other proceeding.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-8. Disciplinary actions. Forms of disciplinary action. When the director finds that an unlicensed health care practitioner has violated any provision of this chapter, the director may take one or more of the following actions, only against the individual practitioner:  (1) Revoke the right to practice;  (2) Suspend the right to practice;  (3) Impose limitations or conditions on the practitioners provision of unlicensed health care practices, impose rehabilitation requirements, or require practice under supervision;  (4) Assess against the practitioner the administrative costs of the proceedings instituted against him or her under this chapter; provided, that this assessment does not exceed ten thousand dollars ($10,000);  (5) Censure or reprimand the practitioner;  (6) Any other action justified by the case.  History of Section.P.L. 2002, ch. 133,  1. 
 23-74-9. Discovery  Subpoenas. In all matters relating to the lawful activities of the department, the director may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary material. Any person failing or refusing to appear or testify regarding any matter about which the person may be lawfully questioned or failing to produce any papers, books, records, documents or other evidentiary materials in the matter to be heard, after having been required by order of the director or by a subpoena of the director to do so may, upon application to the district court in any district, be ordered to comply with the order or subpoena. The director may administer oaths to witnesses or take their affirmation. Depositions may be taken within or without the state in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process may be served upon a person it names anywhere within the state by any officer authorized to serve subpoenas or other process in civil actions in the same manner as prescribed by law for service of process issued out of the district court of this state.  History of Section.P.L. 2002, ch. 133,  1. 
 23-75-1. Short title. This chapter may be cited as the Childrens Product Safety Act. History of Section.P.L. 2002, ch. 410,  1. 
 23-75-2. Definitions. In this chapter: (1)(i) Childrens product means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, or infant or baby swing, that meets the following criteria:  (A) The product is designed or intended for the care of, or use by, children under six (6) years of age or is designed or intended for the care of, or use by, both children under six (6) years of age and children six (6) years of age or older; and  (B) The product is designed or intended to come into contact with the child while the product is used.  (ii) Notwithstanding any other provision of this section, a product is not a childrens product for purposes of this chapter if:  (A) It may be used by or for the care of a child under six (6) years of age, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or the care of a child; or  (B) It is a medication, drug, or food or is intended to be ingested.  (2) Commercial user means any person who deals in childrens products or who otherwise by ones occupation holds oneself out as having knowledge or skill peculiar to childrens products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce childrens products.  (3) Person means a natural person, firm, corporation, limited liability company, or association, or an employee or agent of a natural person or an entity included in this definition.  (4) Infant means any person less than thirty-five (35) inches tall and less than three (3) years of age.  (5) Crib means a bed or containment designed to accommodate an infant.  (6) Full-size crib means a full-size crib as defined in 16 CFR 1508.3 regarding the requirements for full-size cribs.  (7) Non-full-size crib means a non-full-size crib as defined in 16 CFR 1509.2 regarding the requirements for non-full-size cribs.  (8) Place in the stream of commerce means to sell, offer for sale, give away, offer to give away, or allow the use of.  (9) Child day care center means any person, firm, corporation, association or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from his or her parent or guardian for any part of a twenty-four (24) hour day irrespective of compensation or reward. It shall include child care programs that are offered to employees at the worksite. It does not include nursery schools or other programs of educational services subject to approval by the commissioner of education.  History of Section.P.L. 2002, ch. 410,  1. 
 23-75-3. Unsafe childrens products  Prohibition. (a) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after January 1, 2004, a childrens product that is unsafe.  (b) A childrens product is deemed to be unsafe for purposes of this chapter if it meets any of the following criteria:  (1) It does not conform to all federal laws and regulations setting forth standards for the childrens product.  (2) It has been recalled for any reason by an agency of the federal government or the products manufacturer, distributor, or importer and the recall has not been rescinded.  (3) An agency of the federal government has issued a warning that a specific products intended use constitutes a safety hazard and the warning has not been rescinded.  (c) A crib is presumed to be unsafe for purposes of this chapter if it does not conform to the standards endorsed or established by the Consumer Product Safety Commission, including, but not limited to, title 16 of the Code of Federal Regulations and the American Society for Testing and Materials, as follows:  (1) 16 C.F.R. Part 1508 and any regulations adopted to amend or supplement the regulations.  (2) 16 C.F.R. Part 1509 and any regulations adopted to amend or supplement the regulations.  (3) 16 C.F.R. Part 1303 and any regulations adopted to amend or supplement the regulations.  (4) The following standards and specifications of the American Society for Testing and Materials for corner posts of baby cribs and structural integrity of baby cribs:  (i) ASTM F 966-90 (corner post standard).  (ii) ASTM F 1169-88 (structural integrity of full-size baby cribs).  (iii) ASTM F 1822-97 (non-full-size cribs).  (d) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the following dangerous features or characteristics:  (1) Corner posts that extend more than one-sixteenth (116) of an inch.  (2) Spaces between side slats more than 2.375 inches.  (3) Mattress support that can be easily dislodged from any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five-pound (25) upward force from underneath the crib.  (4) Cutout designs on the end panels.  (5) Rail height dimensions that do not conform to both of the following:  (i) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches (9).  (ii) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches (26).  (6) Any screws, bolts, or hardware that are loose and not secured.  (7) Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and free from splinters, splits, or cracks.  (8) Tears in mesh or fabric sides in a non-full-size crib.  (9) A non-full-size crib that folds in a V shape design does not have top rails that automatically lock into place when the crib is fully set up.  (10) The mattress pad in a non-full-size mesh/fabric crib exceeds one inch (1).  (e) Beginning on January 1, 2020, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, or distribute for use in this state any residential upholstered bedding or furniture that contains one thousand parts per million (1,000 ppm), or greater of any non-polymeric organohalogen flame retardant chemical. This class includes any chemical containing the element bromine or chlorine bonded to carbon that is added to a plastic, foam, fabric, or textile.  (f) Internal electric and electronic components of residential upholstered furniture or bedding or residential furniture or bedding sold for use in commercial or public spaces are not subject to the restrictions in this section.  (g) A manufacturer of products that are banned from sale under this section must notify persons or entities that sell the manufactured products in this state about the provisions of this section no less than ninety (90) days prior to the effective date of the ban.  (h) The prohibition and any related regulations shall not apply to products sold or in use prior to January 1, 2020.  History of Section.P.L. 2002, ch. 410,  1; P.L. 2017, ch. 380,  3; P.L. 2017, ch. 381,  3; P.L. 2019, ch. 90,  2. 
 23-75-4. List of unsafe childrens products. (a) The department of health shall create, maintain, and update a comprehensive list of childrens products that have been identified as meeting any of the criteria set forth in  23-75-3.  (b) The department of health shall make the comprehensive list available to the public at no cost and shall post it on the Internet, and encourage links.  History of Section.P.L. 2002, ch. 410,  1. 
 23-75-5. Unsafe childrens products  Child care. (a) A child day care center may not use or have on the premises, on or after January 1, 2004, an unsafe childrens product as described in  23-75-3. This subsection does not apply to an antique or collectible childrens product if it is not used by, or accessible to, any child in the child care facility.  (b) The department of children, youth and families shall notify child day care centers, on an ongoing basis, of the provisions of this section and the Childrens Product Safety Act and of unsafe childrens products, as determined in accordance with this chapter, in plain, non-technical language that will enable each child day care center to effectively inspect childrens products and identify unsafe childrens products.  (c) The department of children, youth and families shall adopt rules to carry out the purposes of this chapter.  (d) Each child day care center shall, as part of the licensing, licensing renewal, or periodic update process conducted by the department of children, youth and families certify in writing that it has reviewed each of the bulletins and notices issued by the department of health regarding unsafe childrens products, and that there are no unsafe products in the facility.  (1) The department of children, youth and families shall prepare a certification form, and shall require each facility to complete the certification form in the process of licensing, renewal, or periodic update.  (2) The department of children, youth and families shall retain the certification form completed by each facility in each respective facilitys licensing file.  (e) Each child day care center shall maintain a file containing all bulletins, notices, or both issued by the department of health and/or the department of children, youth and families regarding unsafe childrens products, and shall make the file accessible to the facility staff members and to parents of the children who attend the day care center.  (f) The department of children, youth and families may revoke or refuse to renew the license of any child day care center or refuse to issue full license to the holder of a permit should the licensee or holder of a permit not comply with any section of this chapter.  History of Section.P.L. 2002, ch. 410,  1. 
 23-75-6. Retrofits. (a) An unsafe childrens product, as determined pursuant to  23-75-3, may be retrofitted if the retrofit has been approved by the agency of the federal government issuing the recall or warning or the agency responsible for approving the retrofit is different from the agency issuing the recall or warning. A retrofitted childrens product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child under six (6) years of age. The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale. The notice shall include:  (1) A description of the original problem which made the recalled product unsafe;  (2) A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age;  (3) The name and address of the commercial user who accomplished the retrofit certifying that the work was done along with the name and model number of the product retrofitted.  (b) A retrofit is exempt from this chapter if:  (1) The retrofit is for a childrens product that requires assembly by the consumer, the approved retrofit is provided with the product by the commercial user, and the retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or  (2) The seller of a previously unsold product accomplishes the repair, approved or recommended by an agency of the federal government, prior to sale.  History of Section.P.L. 2002, ch. 410,  1. 
 23-75-7. Exception. The commercial user shall not be found noncompliant if the specific recalled product sold was not included on the department of healths list on the day before the sale.  History of Section.P.L. 2002, ch. 410,  1. 
 23-75-8. Penalty. (a) A commercial user who willfully and knowingly violates  23-75-6 is guilty of a misdemeanor.  (b) Any person or entity that violates the provisions of  23-75-3(a) shall be civilly fined not to exceed five thousand dollars ($5,000) for the first violation, and up to ten thousand dollars ($10,000) for each subsequent violation.  History of Section.P.L. 2002, ch. 410,  1; P.L. 2017, ch. 380,  3; P.L. 2017, ch. 381,  3. 
 23-75-9. Enforcement. The director of the department of health shall investigate and enforce the provisions of  23-75-3(e), and promulgate rules and regulations deemed necessary to enforce it.  History of Section.P.L. 2017, ch. 380,  4; P.L. 2017, ch. 381,  4. 
 23-76-1. Vaccine defined. For purposes of this chapter, vaccine includes vaccines, immune products and chemoprophylactic medications.  History of Section.P.L. 2002, ch. 172,  1. 
 23-76-2. Determination of need. Upon a determination by the director of the department of health that there is clear evidence that adverse and avoidable health outcomes from a preventable and acute communicable disease are expected to affect identifiable categories of high-risk individuals throughout Rhode Island and that assistance with the administration of vaccine is warranted due to a vaccine shortage to protect or treat those individuals, the director shall be authorized to implement the provisions contained in this chapter.  History of Section.P.L. 2002, ch. 172,  1. 
 23-76-3. Protection of public. The director of the department of health shall develop and adopt by rule and regulation a plan to protect the public health during a vaccine shortage by:  (1) Establishing guidelines for physicians, nurses, hospitals, health systems, pharmacies and others that hold vaccines for the distribution and administration of vaccines. The guidelines shall include, but are not limited to, a definition of high-risk groups for priority protection or treatment in the event a vaccine shortage is imminent;  (2) Implementing rules for imposing a civil penalty of five hundred dollars ($500) against persons who knowingly violate the guidelines for each repeat violation of the guidelines;  (3) Mobilizing public and private health resources to assist in vaccine distribution and administration; and  (4) Notifying health professional regulatory boards and licensing authorities of repeated violations of the guidelines by health professionals regulated by the department of health.  History of Section.P.L. 2002, ch. 172,  1. 
 23-76-4. Reporting. The director of the department of health shall report annually to the general assembly on the development, use and implementation of this chapter.  History of Section.P.L. 2002, ch. 172,  1. 
 23-77-1. Legislative findings and purpose. Research shows that the application of information technology such as electronic medical records, computer-based physician order entry and electronic data interchange, has significant potential for improving healthcare quality and safety and obtaining efficiencies in the healthcare delivery system. The healthcare system has been slower than other sectors of the economy to use advances in information technology to achieve improvements in efficiencies and quality. Hospitals and healthcare providers face barriers in accessing the capital needed to make investments in information technology. Government, which pays for about one-third (13) of the nations healthcare cost, has a substantial interest in obtaining cost efficiencies by promoting investment in healthcare information technology and infrastructure. There is a need for coordination and collaboration among healthcare payers, providers, consumers and government in designing and implementing a statewide interoperable healthcare information infrastructure that includes standards for administrative data exchange, clinical support programs, quality performance measures and the maintenance of the security and confidentiality of individual patient data. It is the intent of the legislature to promote the implementation of healthcare information technology and the development of an interoperable statewide healthcare information infrastructure by creating a special fund to be used to supplement any funds which would otherwise be available for these purposes.  History of Section.P.L. 2004, ch. 344,  1; P.L. 2004, ch. 397,  1. 
 23-77-2. Establishment of the healthcare information technology and infrastructure development fund. (a) There is established in the department of health, the healthcare information technology and infrastructure development fund to be administered by the director of the department of health for the purpose of promoting the development and adoption of healthcare information technologies designed to improve the quality, safety and efficiency of healthcare services and the security of individual patient data.  (b) Moneys in the fund shall be used for projects authorized by the director of health and may be expended by contract, loan, or grant, to develop, maintain, expand, and improve the states healthcare information technology infrastructure and to assist healthcare facilities and health service providers in adopting healthcare information technologies shown to improve healthcare quality, safety or efficiency. Such projects shall incorporate the goal of maintaining the security and confidentiality of individual patient data, and separate projects for that purpose may also be authorized from the fund. The director of health shall develop criteria for the selection of projects to be funded from the fund in consultation with the healthcare information technology and infrastructure advisory committee created in  23-77-4.  (c) Any moneys provided by loan shall be disbursed for periods not exceeding twenty-five (25) years and at an annual rate of interest not exceeding five percent (5%).  (d) The director of the department of health, in consultation with the state healthcare information technology advisory committee, shall establish criteria for eligible healthcare information technology and infrastructure projects to be funded under this chapter.  (e) The healthcare information technology and infrastructure development fund, as herein described, shall constitute a restricted receipt account within the general fund of the state and housed within the budget of the department of health. The short title of the restricted receipt account shall henceforth be designated as health information technology.  History of Section.P.L. 2004, ch. 344,  1; P.L. 2004, ch. 397,  1; P.L. 2019, ch. 88, art. 2,  4. 
 23-77-3. Funds received from insurers or others. (a) The director of health is authorized to accept any grant, devise, bequest, donation, gift, services in kind, assignment of money, bonds of other valuable securities, moneys appropriated by the general assembly or received from insurers, for deposit in and credit of the fund.  (b) The director of health is authorized to expend from the healthcare information technology and infrastructure development fund any moneys deposited into the fund for the purposes set forth in  23-77-2.  (c) Notwithstanding any provision of their articles of incorporation, by-laws, or other enabling documents or laws to the contrary, a health insurer or health plan is authorized to allocate sums of money, derived from the collections of premiums, to the healthcare information technology and infrastructure development fund.  (d) Notwithstanding any provision of their articles of incorporation, by-laws, or other enabling documents or law to the contrary, an insurer is further authorized to expend on an annual basis a sum of moneys equal to not more than five percent (5%) of its previous years premium income for a project approved by the director of health, with the concurrence of the director of business regulation. The director of health is authorized to approve projects which are in conformance with the purposes of  23-77-2.  History of Section.P.L. 2004, ch. 344,  1; P.L. 2004, ch. 397,  1. 
 23-77-4. Creation of the Rhode Island healthcare information technology advisory committee. (a) The director of health shall establish a healthcare information technology and infrastructure advisory committee to advise in the following matters:  (1) Assessment of use of healthcare information technology by the states licensed healthcare providers and facilities;  (2) Recommendations for implementing a statewide interoperable healthcare information infrastructure to include estimates of necessary resources and for determining standards for administrative data exchange, clinical support programs, and the maintenance of the security and confidentiality of individual patient data;  (3) Criteria for selection of projects to be funded with moneys from the fund;  (4) Other related issues as requested by the director of health.  (b) The members of the healthcare information technology and infrastructure advisory committee shall include the director or directors designees of the departments of health and human services and additional members to be appointed by the director of the department of health to include persons representing Rhode Island licensed hospitals and other licensed facilities/providers, the medical and nursing professions, health insurers and health plans, the state quality improvement organization and other parties, such as consumer advisory organizations, with an interest and expertise in health care information technology. The director may designate an existing state nonprofit organization whose primary purpose is to improve healthcare quality to fulfill the responsibilities of the Rhode Island Healthcare Information Technology Advisory Committee.  History of Section.P.L. 2004, ch. 344,  1; P.L. 2004, ch. 397,  1. 
 23-77-5. Annual report. The director of the department of health shall prepare and issue an annual report not later than January 30th of each year outlining in specific detail the amount of funds spent from the fund in the previous year, a status report on the projects funded, progress to date in implementing a statewide healthcare information infrastructure, and recommendations for future investments and projects.  History of Section.P.L. 2004, ch. 344,  1; P.L. 2004, ch. 397,  1. 
 23-77-6. Severability. If the provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 2004, ch. 344,  1; P.L. 2004, ch. 397,  1. 
 23-78.1-1. Short title. This chapter shall be known and may be cited as the Stroke Prevention and Treatment Act of 2009.  History of Section.P.L. 2009, ch. 88,  1; P.L. 2009, ch. 89,  1. 
 23-78.1-2. Legislative findings. It is hereby found and declared as follows: (1) The rapid identification, diagnosis, and treatment of stroke can save the lives of stroke victims and in some cases can reverse neurological damage such as paralysis and speech and language impairments, leaving stroke victims with few or no neurological deficits;  (2) Despite significant advances in diagnosis, treatment and prevention, stroke is the third (3rd) leading cause of death and a leading cause of disability; an estimated seven hundred eighty thousand (780,000) new and recurrent strokes occur each year in this country; and with the aging of the population, the number of persons who have strokes is projected to increase;  (3) This year in Rhode Island, more than three thousand (3,000) people will fall victim to a potentially treatable stroke and more than six hundred (600) Rhode Islanders will die from stroke-related complications. This tragic loss of life and viability creates an annual financial burden for the state of over three hundred twelve million dollars ($312,000,000) in medical costs, supportive care, and lost productivity;  (4) Although new treatments are available to improve the clinical outcomes of stroke, some acute care hospitals may lack the necessary staff and equipment to optimally triage and treat stroke patients, including the provision of optimal, safe and effective emergency care for these patients;  (5) An effective system to support stroke survival is needed in our communities in order to treat stroke patients in a timely manner and to improve the overall treatment of stroke patients in order to increase survival and decrease the disabilities associated with stroke. There is a public health need for acute care hospitals in this state to establish primary stoke centers to ensure the rapid triage, diagnostic evaluation and treatment of patients suffering an acute stroke;  (6) Primary stroke centers should be established for the treatment of acute stroke. Primary stroke centers should be established in as many acute care hospitals as possible. These centers would evaluate, stabilize and provide emergency and in patient care to patients with acute stroke; and  (7) That it is in the best interest of the residents of this state to establish a program to facilitate development of stroke treatment capabilities throughout the state. This program will provide specific patient care and support services criteria that stroke centers must meet in order to ensure that stroke patients receive safe and effective care. It is also in the best interest of the people of this state to modify the states emergency medical response system to assure that acute stroke victims may be quickly identified and transported to and treated in facilities that have appropriate programs for providing timely and effective treatment for stroke victims.  (8) For the purposes of pre-hospital transfer and triage clarification, an acute stroke is defined as any new-persistent focal neurological deficit determined to be less than six (6) hours since last seen normal.  History of Section.P.L. 2009, ch. 88,  1; P.L. 2009, ch. 89,  1. 
 23-78.1-3. Designation of Rhode Island comprehensive and primary stroke centers and acute stroke ready hospitals. (a) The director of the department of health shall establish a process to recognize comprehensive and primary stroke centers and acute stroke-ready hospitals in Rhode Island. The Joint Commission on Accreditation of Healthcare Organizations and the American Heart Association/American Stroke Association have collaborated on the development of certification programs for comprehensive and primary stroke centers and acute stroke-ready hospitals that follow the best practices for stroke care. A hospital shall be designated as a Rhode Island comprehensive stroke center, a Rhode Island primary stroke center, or a Rhode Island acute stroke-ready hospital if it has received a certificate of distinction for comprehensive or primary stroke centers or acute stroke-ready hospitals issued by the Joint Commission on Accreditation of Healthcare Organizations (the Joint Commission) or other nationally recognized certification body, if a formal process is developed in the future;  (b) The department of health shall recognize as many hospitals as Rhode Island comprehensive or primary stroke centers or as acute stroke-ready hospitals as apply and are awarded certification by the joint commission (or other nationally recognized certification body, if a formal process is developed in the future);  (c) The director of the department of health may suspend or revoke a hospitals state designation as a Rhode Island comprehensive or primary stroke center, or acute stroke ready hospital, after notice and hearing, if the department of health determines that the hospital is not in compliance with the requirements of this chapter.  History of Section.P.L. 2009, ch. 88,  1; P.L. 2009, ch. 89,  1; P.L. 2015, ch. 99,  1; P.L. 2015, ch. 108,  1; P.L. 2017, ch. 201,  1; P.L. 2017, ch. 303,  1. 
 23-78.1-4. Acute care hospitals. All acute care hospitals shall maintain readiness to treat stroke patients. This shall include:  (1) Adherence with American Heart Association/American Stroke Association guidelines;  (2) Establishment of written care protocols for the treatment of ischemic and hemorrhagic stroke patients, including transfer of acute stroke patients to a comprehensive or primary stroke center as appropriate and medically indicated;  (3) Participation in Get With The Guidelines/Stroke or other nationally recognized data set platform to collect nationally recognized stroke measures, ensuring continuous quality improvement, and facilitating the transmission of data to the statewide stroke database/registry as outlined in  23-78.1-6;  (4) Participation in the Rhode Island Stroke Task Force and the Stroke Coordinators Network to provide oversight for the stroke system of care and to share best practices.  History of Section.P.L. 2009, ch. 88,  1; P.L. 2009, ch. 89,  1; P.L. 2015, ch. 99,  1; P.L. 2015, ch. 108,  1. 
 23-78.1-5. Emergency medical services providers; triage and transportation of stroke patients. (a) The department of health, division of emergency medical services, and the ambulance service advisory board shall adopt and distribute a nationally recognized standardized assessment tool for stroke. The division of emergency medical services shall post this stroke assessment tool on its website and provide a copy of the assessment tool to each licensed emergency medical services provider no later than January 1, 2010. Each licensed emergency medical services provider must use the stroke-triage assessment tool provided by the department of health, division of emergency medical services;  (b) The department of health, division of emergency medical services, and the ambulance service advisory board shall establish pre-hospital care protocols related to the assessment, treatment, and transport of stroke patients by licensed, emergency medical services providers in this state. Such protocols may include plans for the triage and transport of acute stroke patients to the closest comprehensive or primary stroke center or acute stroke-ready hospital as appropriate and within a specified timeframe of onset of symptoms. The stroke pre-hospital care protocols shall be reviewed on an annual basis;  (c) By June 1 of each year, the department of health, division of emergency medical services, shall send the list of comprehensive and primary stroke centers and acute stroke-ready hospitals to each licensed emergency medical services agency in this state and shall post a list of comprehensive and primary stroke centers and acute stroke-ready hospitals on the division of emergency medical services website. For the purposes of this chapter, the division of emergency medical services may include comprehensive and primary stroke centers and acute stroke-ready hospitals in Massachusetts and Connecticut that are certified by the Joint Commission on Accreditation of Healthcare Organizations (the Joint Commission), or are otherwise designated by that states department of public health as meeting the criteria for comprehensive or primary stroke centers and acute stroke-ready hospitals as established by the brain attack coalition;  (d) Each emergency medical services provider must comply with all sections of this chapter by June 1, 2018.  History of Section.P.L. 2009, ch. 88,  1; P.L. 2009, ch. 89,  1; P.L. 2015, ch. 99,  1; P.L. 2015, ch. 108,  1; P.L. 2017, ch. 201,  1; P.L. 2017, ch. 303,  1. 
 23-78.1-6. Continuous improvement of quality of care for individuals with stroke. (a) The department of health shall establish and implement a plan for achieving continuous quality improvement in the quality of care provided under the statewide system for stroke response and treatment. In implementing this plan, the department of health shall undertake the following activities:  (1) Develop incentives and provide assistance for sharing information and data among healthcare providers on ways to improve the quality of care;  (2) Facilitate the communication and analysis of health information and data among the healthcare professionals providing care for individuals with stroke;  (3) Require the application of evidence-based treatment guidelines regarding the transitioning of patients to community-based follow-up care in hospital outpatient, physician office, and ambulatory clinic settings for ongoing care after hospital discharge following acute treatment for a stroke;  (4) Require comprehensive and primary stroke center hospitals and acute stroke-ready hospitals and emergency medical services agencies to report data consistent with nationally recognized guidelines on the treatment of individuals with confirmed stroke within the statewide system for stroke response and treatment;  (5) Analyze data generated by the statewide system on stroke response and treatment; and  (6) The department of health shall maintain a statewide stroke database that compiles information and statistics on stroke care that align with the stroke consensus metrics developed and approved by the American Heart Association/American Stroke Association, Centers for Disease Control and Prevention, and the Joint Commission on Accreditation of Healthcare Organizations (the Joint Commission). The department of health shall utilize Get With The Guidelines Stroke as the stroke registry data platform or another nationally recognized data set platform with confidentiality standards no less secure. To every extent possible, the department of health shall coordinate with national voluntary health organizations involved in stroke quality improvement to avoid duplication and redundancy. The department of health shall establish reporting requirements and specifications to ensure the uniformity and integrity of data submitted to the statewide database/registry.  (b) Except to the extent necessary to address continuity of care issues, healthcare information shall not be provided in a format that contains individually identifiable information about a patient. The sharing of healthcare information containing individually identifiable information about patients shall be limited to that information necessary to address continuity of care issues, and shall otherwise be released in accordance with chapter 37.3 of title 5 and subject to the confidentiality provisions required by that chapter and by other relevant state and federal law.  (c) Annual reports. On June 1 after enactment of this chapter and annually thereafter, the department of health and the Rhode Island stroke task force shall report to the general assembly on statewide progress toward improving quality of care and patient outcomes under the statewide system for stroke response and treatment.  History of Section.P.L. 2009, ch. 88,  1; P.L. 2009, ch. 89,  1; P.L. 2015, ch. 99,  1; P.L. 2015, ch. 108,  1; P.L. 2017, ch. 201,  1; P.L. 2017, ch. 303,  1. 
 23-78.1-7. Patient treatment. This chapter is not a medical practice guideline and may not be used to restrict the authority of a hospital to provide services for which it has received a license under state law. The general assembly intends that all patients be treated individually based on each patients needs and circumstances.  History of Section.P.L. 2009, ch. 88,  1; P.L. 2009, ch. 89,  1. 
 23-78.1-8. Regulatory authority. The department of health shall have the authority to adopt rules to carry out the purposes of this chapter.  History of Section.P.L. 2009, ch. 88,  1; P.L. 2009, ch. 89,  1. 
 23-78-1. Rhode Island Comprehensive Stroke Prevention and Treatment Act of 2004  Purpose and declarations. (a) The Rhode Island general assembly hereby finds, determines, and declares that stroke is a leading cause of death and permanent, long-term disability in Rhode Island and that currently available prevention and treatment strategies could reduce the number of deaths and disabilities caused by strokes.  (b) The Rhode Island general assembly further finds that the establishment of a stroke task force will ensure that state-of-the-art information on stroke education, prevention, and treatment is available to healthcare providers and patients. This task force will serve as a consensus group designed to coordinate efforts in stroke treatment and prevention, including bringing additional monies to the state to fund improvements.  History of Section.P.L. 2004, ch. 485,  1; P.L. 2004, ch. 544,  1. 
 23-78-2. Stroke task force  Membership. (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) physicians 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.  History of Section.P.L. 2004, ch. 485,  1; P.L. 2004, ch. 544,  1. 
 23-79-1  23-79-3. Repealed. History of Section.P.L. 2005, ch. 349,  1; P.L. 2005, ch. 415,  1; Repealed by P.L. 2009, ch. 201,  1, effective November 9, 2009. For comparable provisions, see chapter 24.1 of title 16. 
 23-8-1.1. Consent to testing and treatment  Reportable  Communicable diseases. Persons under eighteen (18) years of age may give legal consent for testing, examination, and/or treatment for any reportable communicable disease.  History of Section.P.L. 1990, ch. 169,  6. 
 23-8-1. Reports of communicable diseases. In addition to the provisions of chapters 10 and 11 of this title, the director of health may by regulation declare any disease to be a reportable disease. Every physician or other person having knowledge of a case or suspected case of a reportable disease shall give notice to the department of health in a manner prescribed by the director. The director may add or remove, at any time, the name of any disease to or from the list of diseases which he or she shall declare to be reportable and may, at any time, revise the manner of reporting. The regulations in respect to the reportable diseases shall state the time within which the notification to the department of health must be made, the individual by whom it is to be made, the method, whether by writing, telegraph, or telephone, in which it shall be made, and whether the case or suspected case is to be identified by name, address, and date of onset of illness.  History of Section.G.L. 1896, ch. 94,  13; G.L. 1909, ch. 110,  13; P.L. 1916, ch. 1382,  1; G.L. 1923, ch. 154,  13; P.L. 1931, ch. 1766,  2; G.L. 1938, ch. 256,  13; P.L. 1942, ch. 1159,  1; G.L. 1956,  23-8-1; P.L. 1963, ch. 88,  1. 
 23-8-18. Proclamation of general quarantine. The power to establish quarantine in this state shall also be vested in the governor; and whenever the governor shall deem it advisable for the preservation of public health and the prevention of the spread of infectious diseases, he or she may, by proclamation, place under quarantine the whole state or that portion of the state that he or she may deem necessary, and he or she shall authorize and empower the state director of health to take any action and make and enforce any rules and regulations that may be deemed necessary to prevent the introduction and to restrict the spread of infectious diseases in the state.  History of Section.G.L. 1896, ch. 95,  13; G.L. 1909, ch. 114,  13; G.L. 1923, ch. 157,  13; G.L. 1938, ch. 258,  13; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-8-18. 
 23-8-19. Compliance with quarantine by transportation agencies. Whenever quarantine is declared, all railroad and steamboat corporations, stage lines, the owners, assignees, officials, and employees of those companies, and all vehicles and modes of conveyance of passengers, baggage, and freight, shall observe and comply with the rules and regulations made by the director of health; and any person knowingly violating any of the rules and regulations of the director shall, upon conviction, be fined not more than fifty dollars ($50.00), or be imprisoned not more than two (2) years.  History of Section.G.L. 1896, ch. 95,  14; G.L. 1909, ch. 114,  14; G.L. 1923, ch. 157,  14; G.L. 1938, ch. 258,  14; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-8-19. 
 23-8-2. Authority of the governor to authorize immunization programs. Whenever it shall be determined by the governor that a voluntary mass immunization program is necessary to protect the health and welfare of the people, he or she may issue a proclamation authorizing the program, and a copy of the proclamation shall be filed in the office of the secretary of state. All individuals or public or private agencies that participate in the authorized mass immunization projects shall not be liable to any person who experiences or purports to experience adverse effects arising from the immunization or attendant procedures; provided, however, that informed consent is obtained. Nothing in this chapter shall exempt from liability for gross negligence any individual or public or private agency participating in an authorized mass immunization project, nor shall the provisions of this chapter exempt any drug manufacturer from any liability, regardless of the degree of negligence for any drug or vaccine used in the projects.  History of Section.P.L. 1976, ch. 316,  1. 
 23-8-20. Expense of quarantine and suppression of disease. The state department of health, with the approval of the governor, may incur all necessary expenses for preventing and restricting the prevalence of epidemic diseases and of carrying out the provisions of  23-8-18 and 23-8-19, and the state controller shall draw his or her orders upon the general treasurer for the payment of those expenses out of any money in the treasury not otherwise appropriated, upon receipt of itemized bills for those expenses approved by the governor.  History of Section.G.L. 1896, ch. 95,  15; G.L. 1909, ch. 114,  15; G.L. 1923, ch. 157,  15; G.L. 1938, ch. 258,  15; impl. am. P.L. 1939, ch. 660,  65, 180; G.L. 1956,  23-8-20. 
 23-8-21. Ship quarantine powers preserved  Local enforcement of quarantine  Rules and regulations  Penalty. Nothing in  23-8-18  23-8-20 shall be construed to impair the validity of any rules and regulations made and in force under the provisions of  23-9-1  23-9-11, nor to abridge the powers of any officer mentioned in  23-9-1  23-9-11; and every officer shall also have power, within the city or town for which he or she was appointed, to enforce, during the period that any proclamation made by the governor for the purpose of establishing quarantine shall be in force, all rules and regulations made by the state director of health; and it shall be the duty of the several city and town councils to require those officers to enforce the rules and regulations mentioned and referred to in this section within their respective cities and towns; provided, that the director of health, during the period when any proclamation of quarantine shall be in force, shall have power at any time, and from time to time, to suspend any of the rules and regulations mentioned and referred to in this section, and to make and establish rules and regulations in substitution for them and in addition to them, respecting quarantine in any city or town, and that any person knowingly violating any of those rules and regulations so made and established shall, upon conviction, be fined not more than fifty dollars ($50.00) or be imprisoned not more than two (2) years; and provided, further, that any and all powers and duties in this chapter conferred and imposed upon any officer or city or town council shall, during any quarantine period, be exercised and performed by that officer or city or town council subject to the orders and directions of the director of health.  History of Section.G.L. 1896, ch. 95,  16; G.L. 1909, ch. 114,  16; G.L. 1923, ch. 157,  16; G.L. 1938, ch. 258,  16; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  23-8-21. 
 23-8-3. Repealed.
 23-8-4.1. Power to examine suspected cases  Right of individual to own physician. For the purpose of carrying out the provisions of this chapter, the state department of health is empowered to make examinations of persons reasonably suspected of having a communicable disease; provided, however, that any person so examined shall have the right to have present at that examination, a physician of his or her own choice, at his or her own expense. The state department of health shall inform him or her of this right and afford him or her a reasonable opportunity to exercise that right; and at the trial of any person being prosecuted under the provisions of  23-1-25, the prosecution must demonstrate that he or she was so informed and was afforded that opportunity.  History of Section.P.L. 2003, ch. 185,  3; P.L. 2003, ch. 189,  3. 
 23-8-4. Quarantine. If the state director of health, or his or her duly authorized agent, determines, upon investigation, that a threat to the public health exists because any person is suffering, or appears to be suffering, from a communicable disease, the director or his or her authorized agent may require or provide that person to be confined, in some proper place, for the purpose of isolation or quarantine, or another less restrictive intervention treatment, including, but not limited to, immunization, treatment, exclusion or other protective actions until the threat to the public health has abated. Nothing in this section shall be construed to prevent a person who is unable or unwilling for reasons of health, religion, or conscience to undergo immunization or treatment from choosing to submit to quarantine or isolation as an alternative to immunization or treatment. Orders under this chapter shall be in accordance with the procedures for compliance order and immediate compliance orders set forth in  23-1-20  23-1-24. A person subject to quarantine under this section shall be entitled to file a petition for relief from such order at any time, included, but not limited to, a petition based upon compliance with a treatment under less restrictive alternatives.  History of Section.G.L. 1896, ch. 94,  15; G.L. 1909, ch. 110,  15; G.L. 1923, ch. 154,  15; G.L. 1938, ch. 256,  15; G.L. 1956,  23-8-4; P.L. 1967, ch. 60,  1; P.L. 2003, ch. 185,  2; P.L. 2003, ch. 189,  2. 
 23-8-5, 23-8-6. Repealed.
 23-8-7. Violation of quarantine. Any person who is confined by the director or his or her authorized agent under the provision of  23-8-4 and who violates that confinement shall be punished by a fine of not more than fifty dollars ($50.00) or by imprisonment for not more than ninety (90) days, or both.  History of Section.G.L. 1896, ch. 94,  24; G.L. 1909, ch. 110,  24; G.L. 1923, ch. 154,  24; G.L. 1938, ch. 256,  24; G.L. 1956,  23-8-7; P.L. 1967, ch. 60,  1. 
 23-8-8  23-8-17. Repealed.
 23-80-1. Short title. This chapter shall be known and may be cited as the Safe Patient Handling Act of 2006.  History of Section.P.L. 2006, ch. 353,  1; P.L. 2006, ch. 463,  1. 
 23-80-2. Legislative findings. (a) Patients are at greater risk of injury, including skin tears, falls, and musculoskeletal injuries, when being lifted, transferred, or repositioned manually.  (b) Safe patient handling can reduce skin tears suffered by patients by threefold, and can significantly reduce other injuries to patients as well.  (c) Health care workers lead the nation in work-related musculoskeletal disorders. Between thirty-eight percent (38%) and fifty percent (50%) of nurses and other health care workers will suffer a work-related back injury during their career. Forty-four percent (44%) of these workers will be unable to return to their pre-injury position.  (d) Research indicates that nurses lift an estimated 1.8 tons per shift. Eighty-three percent (83%) of nurses work in spite of back pain, and sixty percent (60%) of nurses fear a disabling back injury. Twelve percent (12%) to thirty-nine percent (39%) of nurses not yet disabled are considering leaving nursing due to back pain and injuries.  (e) Safe patient handling reduces injuries and costs. In nine (9) case studies evaluating the impact of lifting equipment, injuries decreased sixty percent (60%) to ninety-five percent (95%), Workers Compensation costs dropped by ninety-five percent (95%), and absenteeism due to lifting and handling was reduced by ninety-eight percent (98%).  History of Section.P.L. 2006, ch. 353,  1; P.L. 2006, ch. 463,  1. 
 23-81-1. Short title. This chapter shall be known as the Rhode Island Coordinated Health Planning Act of 2006.  History of Section.P.L. 2006, ch. 354,  1; P.L. 2006, ch. 462,  1. 
 23-81-2. Legislative findings. It is hereby found and declared: (a) The vast majority of Rhode Islanders believe that quality, affordable health care should be available to all in our state;  (b) Our current health care crisis affects all facets of Rhode Islands economy, with a particular burden on small business owners, young people, and those approaching retirement;  (c) A majority of Rhode Islanders believe that the state government has a significant role to play in solving this health care crisis;  (d) The current state health care infrastructure is fragmented with an array of state departments and offices carrying out health care planning, along with a myriad of private efforts, all with a lack of coordination;  (e) Because an essential component of health planning is resource allocation, there is a need to professionalize the health services council and revitalize the certificate of need process;  (f) Recognizing that many departments of state government are involved in the collection of data and information related to health care, health care outcomes, health care insurance, consumer behavior and trends, and that accurate and accessible, collection and housing of this information is necessary for the general assembly to enact useful health care policy;  (g) Rhode Islands small size makes us the perfect laboratory to create a unified health care system, planned and coordinated with a functioning public/private partnership, with broad representation of all of the health care stakeholders;  (h) The general assembly finds that the people of this state have a fundamental interest in the establishment of a comprehensive strategic health care planning process and the preparation, maintenance, and implementation of plans to improve the quality, accessibility, portability, and affordability of health care in Rhode Island; that the continued growth, viability and development of the health care infrastructure by the private and public sectors requires effective planning by the state; and that state and local plans and programs must be properly coordinated with the planning requirements and programs of the federal government; and  (i) The coordinated health planning process should create usable and dynamic guidance that helps design a health care system and improves the health of Rhode Islanders.  History of Section.P.L. 2006, ch. 354,  1; P.L. 2006, ch. 462,  1; P.L. 2007, ch. 500,  1; P.L. 2007, ch. 512,  1. 
 23-81-3.1. Establishment of health care planning and accountability advisory council. Contingent upon funding: (a) The health care planning and accountability advisory council shall be appointed by the secretary of the executive office of health and human services and the health insurance commissioner, no later than September 30, 2011, to develop and promote recommendations on the health care system in the form of health planning documents described in subsection 23-81-4(a).  (b) The secretary of the executive office of health and human services and the health insurance commissioner shall serve as co-chairs of the health care planning council.  (c) The department of health, in coordination with the executive office of health and human services and the office of the health insurance commissioner, shall be the principal staff agency of the council to develop analysis of the health care system for use by the council, including, but not limited to, health planning studies and health plan documents; making recommendations for the council to consider for adoption, modification and promotion; and ensuring the continuous and efficient functioning of the health care planning council.  (d) The health care planning council shall consist of, but not be limited to, the following:  (1) Five (5) consumer representatives. A consumer is defined as someone who does not directly or through a spouse or partner receive any of his/her livelihood from the health care system. Consumers may be nominated from the labor unions in Rhode Island; the health care consumer advocacy organizations in Rhode Island, the business community; and organizations representing the minority community who have an understanding of the linguistic and cultural barriers to accessing health care in Rhode Island;  (2) One hospital CEO nominated from among the hospitals in Rhode Island;  (3) One physician nominated from among the primary care specialty societies in Rhode Island;  (4) One physician nominated from among the specialty physician organizations in Rhode Island;  (5) One nurse or allied health professional nominated from among their state trade organizations in Rhode Island;  (6) One practicing nursing home administrator, nominated by a long-term care provider organization in Rhode Island;  (7) One provider from among the community mental health centers in Rhode Island;  (8) One representative from among the community health centers of Rhode Island;  (9) One person from a health professional learning institution located in Rhode Island;  (10) Director of the Department of Health;  (11) Director of the department of human services or designee;  (12) CEOs of each health insurance company that administers the health insurance of ten percent (10%) or more of insured Rhode Islanders;  (13) The speaker of the house or designee;  (14) The house minority leader or designee;  (15) The president of the senate or designee;  (16) The senate minority leader or designee; and  (17) The health care advocate of the department of the attorney general.  History of Section.P.L. 2007, ch. 500,  3; P.L. 2007, ch. 512,  3; P.L. 2011, ch. 151, art. 15,  2. 
 23-81-3. Repealed. History of Section.P.L. 2006, ch. 354,  1; P.L. 2006, ch. 462,  1; Repealed by P.L. 2007, ch. 500,  2; P.L. 2007, ch. 512,  2, effective October 30, 2007. 
 23-81-4. Powers of the health care planning and accountability advisory council. Powers of the council shall include, but not be limited to the following: (a) The authority to develop and promote studies, advisory opinions and to recommend a unified health plan on the states healthcare delivery and financing system, including but not limited to:  (1) Ongoing assessments of the states healthcare needs and healthcare system capacity that are used to determine the most appropriate capacity of and allocation of healthcare providers, services, including transportation services, and equipment and other resources, to meet Rhode Islands healthcare needs efficiently and affordably. These assessments shall be used to advise the determination of need for new healthcare equipment and new institutional health services or certificate of need process through the health services council;  (2) The establishment of Rhode Islands long-range healthcare goals and values, and the recommendation of innovative models of healthcare delivery, that should be encouraged in Rhode Island;  (3) Healthcare payment models that reward improved health outcomes;  (4) Measurements of quality and appropriate use of healthcare services that are designed to evaluate the impact of the health planning process;  (5) Plans for promoting the appropriate role of technology in improving the availability of health information across the healthcare system, while promoting practices that ensure the confidentiality and security of health records; and  (6) Recommendations of legislation and other actions that achieve accountability and adherence in the healthcare community to the councils plans and recommendations.  (b) Convene meetings of the council no less than every sixty (60) days, which shall be subject to the open meetings laws and public records laws of the state, and shall include a process for the public to place items on the councils agenda.  (c) Appoint advisory committees as needed for technical assistance throughout the process.  (d) Modify recommendations in order to reflect changing healthcare systems needs.  (e) Promote responsiveness to recommendations among all state agencies that provide health service programs, not limited to the five (5) state agencies coordinated by the executive office of the health and human services.  (f) Coordinate the review of existing data sources from state agencies and the private sector that are useful to developing a unified health plan.  (g) Formulating, testing, and selecting policies and standards that will achieve desired objectives.  (h) In consultation with the office of the health insurance commissioner, the council shall review health system total cost drivers and provide findings, and, if appropriate related recommendations to the governor and general assembly on or before July 1, 2014.  (i) Coordinate a comprehensive review of mental health and substance abuse incidence rates, service use rates, capacity and potentially high and rising spending.  (j) Examine the volume and spending trends for pediatric inpatient and outpatient services, including the evolving role of intensive care units (ICUs).  (k) Subject to available resources and time, in consultation with the department of health, provide periodic assessments beginning on or before October 1, 2014, to the general assembly on the appropriate mix of Rhode Islands primary care workforce. The assessments shall include analyses of current and future primary care professional supply and demand, recruitment, scope of practice and licensure, workforce training issues, and potential incentives with recommendations to enhance the supply and diversity of the primary care workforce.  (l) Provide an annual report each July, after the convening of the council, to the governor and general assembly on implementation of the plan adopted by the council. This annual report shall:  (1) Present the strategic recommendations, updated annually;  (2) Assess the implementation of strategic recommendations in the healthcare market;  (3) Compare and analyze the difference between the guidance and the reality;  (4) Recommend to the governor and general assembly legislative or regulatory revisions necessary to achieve the long-term goals and values adopted by the council as part of its strategic recommendations, and assess the powers needed by the council or governmental entities of the state deemed necessary and appropriate to carry out the responsibilities of the council.  (5) Include the request for a hearing before the appropriate committees of the general assembly.  (6) Include a response letter from each state agency that is affected by the state health plan describing the actions taken and planned to implement the plans recommendations.  History of Section.P.L. 2007, ch. 500,  3; P.L. 2007, ch. 512,  3; P.L. 2011, ch. 151, art. 15,  2; P.L. 2012, ch. 258,  3; P.L. 2012, ch. 259,  3; P.L. 2013, ch. 341,  4; P.L. 2013, ch. 394,  4. 
 23-81-5. Implementation of the council recommendations. In order to promote effective implementation of the unified health plan, the council shall recommend to the governor, the general assembly, and other state agencies actions that may be taken to promote and ensure implementation of the councils policy and program guidance. The secretary of the executive office of health and human services and the health insurance commissioner, as co-chairs, of the council, shall use the powers of their offices to implement the recommendations adopted by the council, as deemed appropriate, or as required by the governor or general assembly. The secretary shall coordinate the implementation of the recommended actions by the state agencies within the executive office of health and human services.  History of Section.P.L. 2007, ch. 500,  3; P.L. 2007, ch. 512,  3; P.L. 2011, ch. 151, art. 15,  2. 
 23-81-6. Funding. The executive office of health and human services may provide funding to carry out the requirements of this chapter.  History of Section.P.L. 2007, ch. 500,  3; P.L. 2007, ch. 512,  3; P.L. 2008, ch. 475,  18; P.L. 2011, ch. 151, art. 15,  2. 
 23-82-1. Short title. This chapter shall be known and may be cited as the Implementation of the Regional Greenhouse Gas Initiative Act.  History of Section.P.L. 2007, ch. 119,  1; P.L. 2007, ch. 206,  1. 
 23-82-2. Legislative findings. It is hereby found and declared by the general assembly as follows: (1) Scientific findings indicate that the increase in greenhouse gas emissions, including carbon dioxide, is accelerating the natural greenhouse effect resulting in changes in the Earths climate;  (2) Climate changes pose serious health risks to humans, as well as danger to ecosystems worldwide;  (3) This act creates a strong incentive for the creation, development, and deployment of more efficient technologies and processes, energy efficiency and renewable energy supplies which will lead to less dependence on the import of fossil fuels.  (4) Rhode Islands implementation of the Regional Greenhouse Gas Initiative, (hereinafter referred to as RGGI), should be managed to maximize the states contribution to lowering carbon emissions while minimizing impacts on electric system reliability and costs to Rhode Island power consumers over the long term. Adoption and use of cost-effective energy-efficient products and programs and the strategic use of low and zero carbon generation are the best means to achieve these goals.  (5) It is the intent of the general assembly in enacting this chapter that the state of Rhode Island shall fulfill the mutual understandings and commitments of the regional greenhouse gas initiative so that the state may fully participate in that initiative and all sales or auctions and other proceedings as may be established under that initiative.  History of Section.P.L. 2007, ch. 119,  1; P.L. 2007, ch. 206,  1. 
 23-82-3. Definitions. As used in this chapter: (1) Allowance means an authorization to emit a fixed amount of carbon dioxide;  (2) Board means the renewable energy coordinating board established pursuant to chapter 42-140.3.  (3) Council means the energy efficiency and resources management council;  (4) Department means department of environmental management;  (5) Office means the office of energy resources; and  (6) Regional greenhouse gas initiative or RGGI means the memorandum of understanding (MOU) dated December 20, 2005, as may be amended, and corresponding model rule, as may be amended, that establishes an electric power sector carbon emissions cap and trade program.  History of Section.P.L. 2007, ch. 119,  1; P.L. 2007, ch. 206,  1; P.L. 2012, ch. 241, art. 4,  12; P.L. 2012, ch. 415,  30. 
 23-82-4. Regional greenhouse gas initiative implementation. (a) The department shall, in consultation with the public utilities commission, the office, council, and board, through rules and regulations, establish the states rules for participation in RGGI.  (b) The departments rules and regulations for participation in a carbon cap and trade program shall be designed to meet the mutual understandings and commitments for participation in RGGI, and permit the holders of carbon allowances to trade them in a regional market to be established through the RGGI.  (c) The responsibilities created by implementing RGGI shall be in addition to all other responsibilities imposed by any other general or special law or rule or regulation and shall not diminish or reduce any power or authority of the department, including the authority to adopt standards and regulations necessary for the state to join and fully participate in any multi-state program, at any stage in the development and implementation of such a program, intended to control emissions of carbon dioxide and/or other substances that are determined by the department to be damaging and/or altering the climate.  History of Section.P.L. 2007, ch. 119,  1; P.L. 2007, ch. 206,  1; P.L. 2012, ch. 241, art. 4,  12. 
 23-82-5. Sale of allowances. (a) The department shall provide in its regulations that one hundred percent (100%) of all allowances issued under the program in the state of Rhode Island shall be sold. A de minimus portion of allowances may be set aside to support the voluntary renewable energy provisions of the regional greenhouse gas initiative model rule.  (b) The departments regulations shall specify the mechanism for sale of allowances, including authorizing the state to make use of any voluntary regional organizations, structures or mechanisms available to states implementing a program of this type, provided that any sale of allowances must be public, competitive and open to all who wish to participate.  (c) The department may engage an independent contractor, consumer trustee or other entity experienced in sale or auction design and management, including a regional entity engaged by multiple states to conduct regional sales or auctions, who is determined by the department, in consultation with the office, to be qualified to conduct auctions or sales in a manner that assures the efficiency of the auctions or sales. The selection of any independent contractor, consumer trustee or other entity shall be done in accordance with applicable procedures of the division of purchases.  (d) The department shall annually convey one hundred percent (100%) of all carbon allowances established pursuant to this section to the selected independent contractor, consumer trustee or other entity who shall be authorized to receive, hold and sell allowances for the long-term benefit of consumers. The selected independent contractor, consumer trustee or other entity shall conduct the auction or sale, collect the auction proceeds and shall upon receipt, transfer to the office the proceeds of the auction or sale to be distributed in accordance with  23-82-6, under the oversight of the department.  (e) The department shall require an annual report from the independent contractor, consumer trustee or other entity conducting the auction or sale describing the auction or sale and its results. The report shall be made public and shall also be submitted to the general assembly.  (f) All proceeds collected from the auction or sale of allowances pursuant to this section shall be deposited as restricted receipts.  History of Section.P.L. 2007, ch. 119,  1; P.L. 2007, ch. 206,  1; P.L. 2008, ch. 100, art. 28,  5. 
 23-82-6. Use of auction or sale proceeds. (a) The proceeds from the auction or sale of the allowances shall be used for the benefit of energy consumers through investment in the most cost-effective available projects that can reduce long-term consumer energy demands and costs. Such proceeds may be used only for the following purposes, in a proportion to be determined annually by the office in consultation with the council and the board:  (1) Promotion of cost-effective energy efficiency and conservation in order to achieve the purposes of  39-1-27.7;  (2) Promotion of cost-effective renewable non-carbon emitting energy technologies in Rhode Island as defined in  39-26-5 and to achieve the purposes of chapter 26 of title 39 entitled Renewable Energy Standard;  (3) Cost-effective direct rate relief for consumers;  (4) Direct rate relief for low-income consumers;  (5) Reasonable compensation to an entity selected to administer the auction or sale; and  (6) Reasonable costs of the department of environmental management and office of energy resources in administering this program, as well as other climate change, energy efficiency, and renewable program efforts of the department of environmental management and office of energy resources, which shall not in any year exceed three hundred thousand dollars ($300,000) or ten percent (10%) of the proceeds from sale or auction of the allowances, whichever is greater. Administrative funds not expended in any fiscal year shall remain in the administrative account to be used as needed in subsequent years. The office of energy resources shall have the ability to apply administrative funds not used in a fiscal year to achieve the purpose of this section. The funds deposited into the administrative funds account shall be exempt from the indirect cost recovery provisions of  35-4-27.  (b) Any interest earned on the funds so generated must be credited to the fund. Funds not spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon reduction programs.  (c) Annually, the office, in consultation with council and board, shall prepare a draft proposal on how the proceeds from the allowances shall be allocated. The draft proposal shall be designed to augment and coordinate with existing energy efficiency and renewable energy programs, and shall not propose use of auction proceeds for projects already funded under other programs. The proposal for allocation of proceeds in subsections (a)(1), (2), and (3) shall be one that best achieves the purposes of the law, namely, lowering carbon emissions and minimizing costs to consumers over the long term. The office shall hold a public hearing and accept public comment on the draft proposal in accordance with chapter 35 of title 42 (the Administrative Procedure Act). Once the proposal is final, the office shall authorize the disbursement of funds in accordance with the final plan.  (d) The office shall prepare, in consultation with council and board, a report by April 15 of each year describing the implementation and operation of RGGI, the revenues collected and the expenditures, including funds that were allocated to the energy efficiency and renewable energy programs, and the individuals, businesses and vendors that received funding, made under this section, the statewide energy efficiency and carbon reduction programs, and any recommendations for changes to law relating to the states energy conservation or carbon reduction efforts. The report shall be made public and be posted electronically on the website of the office of energy resources and shall also be submitted to the general assembly.  History of Section.P.L. 2007, ch. 119,  1; P.L. 2007, ch. 206,  1; P.L. 2012, ch. 241, art. 4,  12; P.L. 2013, ch. 166,  1; P.L. 2013, ch. 220,  1; P.L. 2014, ch. 145, art. 7,  1. 
 23-82-7. Exemption from taxation. Notwithstanding any provisions of the general or public laws or regulation to the contrary, the division of taxation shall grant a permanent exemption from any and all applicable charges or assessments made against the proceeds from the auction of allowances pursuant to this chapter.  History of Section.P.L. 2007, ch. 119,  1; P.L. 2007, ch. 206,  1. 
 23-83-1. Short title. This chapter shall be known and may be cited as The Umbilical Cord Blood Donation Notification Act.  History of Section.P.L. 2008, ch. 101,  1; P.L. 2008, ch. 153,  1. 
 23-83-2. Definitions. 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 donors family.  (5) Umbilical cord blood is the blood that remains in the umbilical cord and placenta after the birth of a newborn child.  History of Section.P.L. 2008, ch. 101,  1; P.L. 2008, ch. 153,  1; P.L. 2012, ch. 415,  31. 
 23-83-3. Notification of option to donate umbilical cord blood. (a) At a time determined to be appropriated by the treating clinician, in consultation with the patient, after the first trimester of pregnancy, and as soon as reasonably feasible, every obstetrical professional or facility in the state shall inform the pregnant woman once during her pregnancy of the following options relating to stem cells that are contained in her umbilical cord blood after the delivery of her child:  (1) Donate the stem cells to a public umbilical cord blood bank;  (2) Store the stem cells at the patients expense in a family umbilical cord blood bank for use by the immediate family and extended family members;  (3) Store the stem cells for family use through a family or sibling donor banking program that provides free collection, processing and storage where there is a medical need; or  (4) Discard the stem cells.  (b) A person who acts in good faith pursuant to this section is not subject to civil or criminal liability or professional discipline for those acts.  (c) Any obstetrical professional or facility receiving financial remuneration for the collection, processing, or transport of umbilical cord blood shall provide written disclosure of this information to the pregnant woman at the time that the notification of options for umbilical cord blood collection and donation is made pursuant to  23-83-3.  (d) Nothing in this chapter shall be construed to require a patient to donate her umbilical cord blood.  History of Section.P.L. 2008, ch. 101,  1; P.L. 2008, ch. 153,  1. 
 23-83-4. No fees for donation. A person who agrees to donate her umbilical cord blood to a public cord blood bank or a mixed bank for use by the cord blood bank shall not be charged any fee for the costs of collecting, processing, transporting or storing the cord blood.  History of Section.P.L. 2008, ch. 101,  1; P.L. 2008, ch. 153,  1. 
 23-83-5. Collection not required if health of mother or newborn impacted. An obstetrical professional or facility is not required to collect cord blood or cooperate in the collection of cord blood if in the professional judgment of a licensed obstetrical professional the collection of the cord blood would threaten the health of the mother or the newborn child.  History of Section.P.L. 2008, ch. 101,  1; P.L. 2008, ch. 153,  1. 
 23-83-6. Hospitals required to facilitate donations. Unless it is medically inadvisable, each hospital or other obstetrical facility in the state shall cooperate with the collection staff of a cord blood bank designated by a patient to facilitate the donation of the blood extracted from the umbilical cord of the patients newborn child to a cord blood bank.  History of Section.P.L. 2008, ch. 101,  1; P.L. 2008, ch. 153,  1. 
 23-84-1. Short title. This chapter shall be known and may be cited as The Rhode Island Climate Risk Reduction Act of 2010.  History of Section.P.L. 2010, ch. 119,  1; P.L. 2010, ch. 304,  1. 
 23-84-2. Legislative findings. It is hereby found and declared by the general assembly as follows: (1) Climate change impacts have already arrived in Rhode Island. Average temperatures in the state have increased by one point five degrees Fahrenheit (1.5 F) since 1970 and mean winter temperatures in the state are up by four degrees Fahrenheit (4 F). The annual mean surface temperature of Narragansett Bay has increased two point seven degrees Fahrenheit (2.7 F) since the 1960s. Droughts are becoming longer and more frequent, storms cause worse flooding, and the sea level is measurably rising over eight inches (8") since 1930 at an accelerated rate. Gases released by the consumption of fossil fuels explain most of these trends very well; since these gases stay in the atmosphere and trap heat for decades, the residents of Rhode Island are being locked into serious disruptions in their way of life.  (2) If emissions continue at the current high rate, the annual number of days over ninety degrees Fahrenheit (90 F) is expected to grow sharply from about five (5) per year today to about fifty (50) to sixty (60) per year at the end of the century. Rhode Island is expected to experience roughly twenty-five (25) days over one hundred degrees Fahrenheit (100 F) every summer if we continue on a high emissions pathway. Under these scenarios, Rhode Islands summer heat index in 2100 will resemble Georgias current summers. Such scenarios could see Rhode Island seas rise three (3) to five (5) feet by 2100. Increased flooding and droughts are widely recognized in climate models to dominate Rhode Islands expected weather patterns as the potential for more intense storms increases.  (3) Rhode Islands residents and the ecosystems that sustain us face three (3) main types of increasing risks: (i) Rising temperatures (which put stress on human health and ecosystems); (ii) More extreme weather (bringing more frequent heavy thunderstorms and flooding, heat waves and more intense coastal storms and hurricanes); and (iii) Flooding and damage to homes, businesses, public infrastructure and coastal habitats along the states over four hundred (400) miles of coastline by storm surges and rising sea levels.  (4) While Rhode Island has taken leadership in developing and adopting a sea level rise policy and draft guidelines, identifying climate issues within the states coastal program and its special area management plans and compiling existing research on various trends associated with climate change, there is no comprehensive state-wide assessment of projected impacts of climate change to human health and safety, economic and natural resources of the state. Many states in the region have begun to develop commission and statewide strategies for climate change.  (5) Communities around the United States and the world are beginning to address these increased risks by adjusting their building codes, improving and updating their emergency plans, identifying their greatest vulnerabilities and prioritizing actions to address them and incorporating climate change projections in planning for long-term infrastructure investments. Rhode Island can learn from and build upon these efforts. Some communities are even discovering opportunities in this crisis to address longstanding vulnerabilities, and the potential to develop new industries to supply adaptation technology and advice to communities.  (6) Natural ecosystems and habitats, both coastal and upland, provide critical ecosystem services including, fisheries habitat, drinking water, and flood protection. These resources play an important role in minimizing risks and hazard exposure to climate change impacts such as coastal and riverline flooding. Forested watersheds provide increased protection from the impacts of both flooding and droughts, absorbing water during storm events, and releasing it slowly over time.  (7) Tree canopy cover is a cost-effective adaptation to climate change, particularly in the urban environment. In particular, increasing urban tree canopy cover has been found to reduce summer high temperatures, reduce energy consumption, have a positive impact on stormwater management and air quality, and improve groundwater quality. Increasing tree canopy cover will also help the state achieve its goal of mitigating carbon dioxide emissions by enhancing biotic sequestration and reducing energy consumption.  (8) An October 2008 study by the National Research Council found that some of the benefits of green infrastructure include a reduction of stormwater runoff, surface water discharge, stormwater pollution and stormwater flows.  (9) While increasing the urban tree canopy is critical to reducing the urban heat island effect, strategies incorporating other forms of green infrastructure, including green roofs and walls, hold significant cooling potential; a 2007 study in Bioscience revealed that if the city of Toronto greened fifty percent (50%) of its roof space, the temperature of the entire city would drop by two degrees Fahrenheit (2 F), and because there is more wall space than roof space, green facades and living walls are ideal supplements.  (10) Existing federal programs and potential federal climate change legislation may provide significant funding and other resources to help states and localities begin planning and taking adaptation actions. To receive these funds, state governments may be required to complete climate change response plans; this chapter seeks to assist the state in beginning the process of preparing such a plan.  (11) This chapter seeks to protect the historic culture, heritage, economy, public infrastructure, natural resources and the current and future well-being of the population of the State of Rhode Island while helping move the state to an active response to climate change impacts by identifying some of the most critical issues that will have to be addressed, and by investigating and implementing cost-effective solutions and/or adaptation strategies for the state and its municipalities.  History of Section.P.L. 2010, ch. 119,  1; P.L. 2010, ch. 304,  1. 
 23-84-3. [Repealed.] History of Section.P.L. 2010, ch. 119,  1; P.L. 2010, ch. 304,  1; P.L. 2013, ch. 163,  1; P.L. 2013, ch. 198,  1; Repealed by P.L. 2014, ch. 343,  2, effective July 2, 2014; P.L. 2014, ch. 392,  2, effective July 2, 2014. 
 23-85-1. Expired. History of Section.P.L. 2010, ch. 203,  1. 
 23-85-2. Expired. History of Section.P.L. 2010, ch. 203,  1. 
 23-85-3. Expired. History of Section.P.L. 2010, ch. 203,  1. 
 23-85-4 Expired. History of Section.P.L. 2010, ch. 203,  1. 
 23-85-5. Expired. History of Section.P.L. 2010, ch. 203,  1. 
 23-86-1. Womens cardiovascular screening and risk reduction pilot program. (a) The department of health (hereinafter, the department) shall develop a cardiovascular disease screening and lifestyle intervention pilot program at one site in one of Rhode Islands six (6) core cities for low-income, underinsured and uninsured women between forty (40) and sixty-four (64) years of age, inclusive, at risk for heart disease, diabetes and stroke, namely Pawtucket, Providence, Woonsocket, Newport, West Warwick or Central Falls.  (b) The department shall develop the program based on the federal WISEWOMEN program administered by the Centers for Disease Control and Prevention. The pilot program shall employ specified measures to gauge the impact and outcome of the program. These measures may include the number of women served, the number who receive lifestyle interventions, the number of follow-up visits per woman, an evaluation of the use of progress markers to reduce risk factors, and a research and evaluation component.  (c) The department shall prepare an annual report and submit it to the legislature by January 31 of each year summarizing the scope and reach of the pilot program. The final report shall include a fiscal analysis and a recommendation outlining the benefits and costs of expanding the pilot program throughout the state after the program has been in existence for three (3) years. The pilot program shall expire July 1, 2014.  (d) Implementation of the Womens Cardiovascular screening and risk reduction pilot program shall be subject to appropriation.  History of Section.P.L. 2011, ch. 206,  1; P.L. 2011, ch. 232,  1. 
 23-87-1. Short title. This chapter shall be known and maybe cited as the Rhode Island Lupus Education and Awareness Plan Act of 2012.  History of Section.P.L. 2012, ch. 491,  1. 
 23-87-2. Legislative findings. It is hereby found and declared as follows: (1) Lupus is an urgent national health issue. Lupus is the result of an immune system that is unbalanced which can become destructive to any organ or tissue in the body. Lupus is unpredictable and potentially fatal, yet no satisfactory treatment exists. Its health consequences include heart attacks, strokes, seizures, and organ failure.  (2) The Lupus Foundation of America, Inc. estimates that more than 1.5 million Americans live with some form of lupus, including an estimated five thousand two hundred (5,200) people with lupus in Rhode Island.  History of Section.P.L. 2012, ch. 491,  1. 
 23-87-3. Purpose. The purpose of this chapter is to create a study commission which will develop a multi-pronged, statewide plan to educate healthcare professionals and persons affected with lupus about the diagnosis, management, and treatment of lupus.  History of Section.P.L. 2012, ch. 491,  1. 
 23-87-4. Establishment of the lupus study commission. (a) The director of the department of health shall establish and coordinate a study commission on lupus consisting of eleven (11) members, all of whom shall be appointed by the director of the department of health. The first chairperson shall be a representative of the Lupus Foundation of New England and shall serve for a two (2) year term. Subsequent chairpersons shall be elected by the membership of the study commission from among its members.  (b) The commission shall be composed of:  (1) Three (3) individuals with lupus;  (2) One scientist with experience in lupus and who participates in various fields of scientific endeavor, including, but not limited to, biomedical research, social, translational, behavioral or epidemiological research recommended by the medical and scientific council of the Lupus Foundation of America, Inc;  (3) Two (2) physicians with experience in treating people with lupus and recommended by the Rhode Island medical society;  (4) One nurse practitioner with experience in treating people with lupus and recommended by the Rhode Island nurse practitioners council;  (5) One local representative from the Lupus Foundation of America, Inc. and one representative from the Lupus Foundation of New England;  (6) One representative recommended by the department of healths minority health advisory committee; and  (7) One representative recommended by the womens health council of Rhode Island.  (c) Members of the commission shall serve terms of two (2) years. A member may be appointed to serve not more than two (2) terms, whether or not consecutive.  (d) The commission shall meet at the call of the chair and no less than on a quarterly basis each year.  (e) Six (6) members of the study commission shall constitute a quorum. A majority vote of a quorum shall be required for any official action of the study commission.  History of Section.P.L. 2012, ch. 491,  1; P.L. 2013, ch. 276,  1. 
 23-87-5. Establishment of the lupus education and awareness plan (LEAP). (a) The study commission established in this chapter shall:  (1) Analyze the current state of education on lupus in the state;  (2) Evaluate materials and resources currently available from government agencies, hospitals, lupus advocacy organizations; and  (3) Identify gaps in the current lupus education modalities in the state through a needs assessment or similar mechanism.  (b) Upon completing the needs assessment described in subsection (a), the study commission shall report on the results of its assessment to the department of health and to the general assembly. Utilizing the results of such assessment, and with input from the committees of the general assembly, having cognizance of matters relating to public health and the department of health, the study commission shall develop a comprehensive lupus education and awareness plan.  (c) The study commission shall develop a comprehensive plan to improve education and awareness surrounding lupus for healthcare practitioners, public health personnel, patients, and persons who may have lupus. The plan shall include the recommendations on how to best:  (1) Distribute medically sound health information produced by the Lupus Foundation of America, Inc., the Lupus Foundation of New England and/or government agencies, including, but not limited to, the National Institutes of Health, the Centers for Disease Control and Prevention, and the Social Security Administration, through local health departments, schools, agencies on aging, employer wellness programs, physicians and other health professionals, hospitals, health plans and health maintenance organizations, womens health, and nonprofit and community-based organizations;  (2) Utilize volunteers in the community to distribute brochures and other materials that promote lupus education and awareness;  (3) Develop educational materials for health professionals that identify the most recent scientific and medical information and clinical applications regarding the treatment of lupus;  (4) Work to increase knowledge among physicians, nurses, and health and human services professionals about the importance of lupus diagnosis, treatment, and rehabilitation;  (5) Support continuing medical education plans in the states leading academic institutions by providing them the most recent scientific and medical information and clinical applications regarding the treatment of lupus;  (6) Conduct statewide workshops and seminars for extensive professional development regarding the care and management of patients with lupus in an effort to bring the latest information on clinical advances to care providers; and  (7) Develop and maintain a directory of lupus-related healthcare services that includes a listing of healthcare providers with specialization in services to diagnose and treat lupus and that can be disseminated, within available appropriations, by the department of health to individuals with lupus, family members of those with lupus, representatives from voluntary organizations, healthcare professionals, health plans, local health agencies and authorities, and to other agencies of the state.  (d) The study commission shall report its findings and recommendations to the Rhode Island department of health and to both chambers of the general assembly annually on or before March 31 commencing in 2016. The study commission may make periodic revisions to the plan that are consistent with the purposes of this section.  History of Section.P.L. 2012, ch. 491,  1; P.L. 2014, ch. 538,  1; P.L. 2015, ch. 253,  1. 
 23-88-1. Purpose. 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.  History of Section.P.L. 2013, ch. 154,  1; P.L. 2013, ch. 195,  1. 
 23-88-2. Establishment. (a) There is hereby established a council to be called the Code Consistency Council consisting of sixteen (16) members:  (1) One of whom shall be the state fire marshal and who shall serve as a co-chairperson;  (2) One of whom shall be the state building code commissioner who shall serve as a co-chairperson;  (3) One of whom shall be the Director of Regulatory Reform, or his or her designee;  (4) One of whom shall be the president of the American institute of architects Rhode Island, or his or her designee;  (5) One of whom shall be the president of the structural engineers association of Rhode Island, or his or her designee;  (6) One of whom shall be the president of the Rhode Island association of fire fighters, or his or her designee;  (7) One of whom shall be the president of the Rhode Island chapter of the associated general contractors, or his or her designee;  (8) One of whom shall be the president of the housing network or his or her designee;  (9) Two (2) of whom shall be appointed by the director of the department of labor and training, one with an expertise in elevator safety rules and regulations and one with an expertise in boiler safety rules and regulations;  (10) Two (2) of whom shall be appointed by the League of Cities and Towns, one from a city and one from a town to represent the interests of municipalities that administer building code issues;  (11) One of whom shall be the chairperson of the Rhode Island historical preservation and heritage commission, or his or her designee;  (12) One of whom shall be the President of the Rhode Island builders association or his or her designee;  (13) One of whom shall be an environmental engineer, to be appointed by the governor; and  (14) One of whom shall be an attorney whose practice is concentrated in building and construction, to be appointed by the governor.  (b) Forthwith upon the effective date of this chapter, the members of the council shall meet at the call of the chairs and organize. Vacancies in the council shall be filled in like manner as the original appointment.  (c) The department of public safety is hereby directed to provide suitable quarters for the council.  (d) All departments and agencies of the state shall furnish such advice and information documentary and otherwise to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this chapter.  History of Section.P.L. 2013, ch. 154,  1; P.L. 2013, ch. 195,  1. 
 23-88-3. Meeting and reporting requirements. 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.  History of Section.P.L. 2013, ch. 154,  1; P.L. 2013, ch. 195,  1. 
 23-89-1. Establishment of advisory council  Purposes. (a) There is hereby authorized, created and established a nine (9) member advisory council to be known as The Rhode Island Palliative Care and Quality of Life Interdisciplinary Advisory Council within the department of health with the powers and duties set forth in this chapter.  (b) The director of the department of health shall appoint nine (9) members to the council who shall have expertise in various aspects of palliative care including, but not limited to, medical, nursing, social work, pharmacy and spiritual; and patient and family caregivers. Membership shall specifically include experience in palliative care in a variety of inpatient, outpatient and community settings such as acute care, long-term care and hospice and with a variety of populations including pediatric, youth and adult care. One (1) council member shall be a designee of the Rhode Island American Cancer Society and two (2) members shall be a chief executive of a licensed homecare agency or their designee. At least two (2) council members shall be board-certified hospice and palliative medicine physicians and/or nurses. Members shall serve for a term of three (3) years. Members shall receive no compensation for their services.  (c) The Rhode Island palliative care and quality of life interdisciplinary advisory council shall consult with and advise the department of health on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives in the state.  History of Section.P.L. 2013, ch. 332,  1; P.L. 2013, ch. 421,  1. 
 23-89-2. Establishment of palliative care consumer and professional information and education program. (a) There is hereby created and established a statewide Palliative Care Consumer and Professional Information and Education Program within the department of health.  (b) The purpose of the palliative care consumer and professional information and education program shall be to maximize the effectiveness of palliative care initiatives in the state by ensuring that comprehensive and accurate information and education about palliative care is available to the public, healthcare providers, and healthcare facilities.  (c) The department of health shall publish on its website information and resources, including links to external resources, about palliative care delivery for the public, healthcare providers, and healthcare facilities. This shall include, but not limited to, continuing educational opportunities for healthcare providers; information about palliative care delivery in the home, primary, secondary, and tertiary environments; best practices for palliative care delivery; and consumer educational materials and referral information for palliative care, including hospice.  (d) The department of health may develop and implement any other initiatives regarding palliative care services and education that the director determines would further the purposes of this subsection.  (e) The department shall consult with the palliative care and quality of life interdisciplinary advisory council in implementing this section.  History of Section.P.L. 2013, ch. 332,  1; P.L. 2013, ch. 421,  1. 
 23-89-3. Access to palliative care. (a) As used in this section, the following terms shall have the following meanings:  (1) Appropriate means consistent with applicable legal, health and professional standards, the patients clinical and other circumstances, and the patients reasonably known wishes and beliefs.  (2) Medical care means services provided, requested, or supervised by a physician or advanced practice nurse.  (3) Palliative care means patient and family centered medical care that optimizes quality of life by anticipating, preventing, and treating suffering caused by serious illness. Palliative care throughout the continuum of illness involves addressing physical, emotional, social, and spiritual needs and facilitating patient autonomy, access to information, and choice. Palliative care includes, but is not limited to, discussions of the patients goals for treatment; discussion of treatment options appropriate to the patient, including, where appropriate, hospice care; and comprehensive pain and symptom management.  (4) Serious illness means any medical illness or physical injury or condition that substantially impacts quality of life for more than a short period of time. Serious illness includes, but is not limited to, cancer; heart, renal or liver failure; lung disease; and Alzheimers disease and related dementias.  (b) On or before January 1, 2015, all healthcare organizations which required a license to operate shall:  (1) Consult with the organizations physicians to educate them on how to provide information about appropriate palliative care services for those patients or residents with serious illnesses, who, in their professional medical opinion, would benefit from them.  (c) The department shall carry out this section with the consultation of the palliative care and quality of life interdisciplinary advisory council.  (d) In carrying out this section, the department shall take into account factors that may impact the development of such a system and its ability to facilitate access to palliative care, including the size of the healthcare organization; access and proximity to palliative care services, including the availability of hospice and palliative care board-certified practitioners and related workforce staff; and geographic factors.  History of Section.P.L. 2013, ch. 332,  1; P.L. 2013, ch. 421,  1. 
 23-9-1. Appointment of seaport health officers  Duties and compensation. Each seaport city or town, or the city or town council of each seaport city or town, may appoint a health officer for the city or town who shall visit all vessels which shall be subject to examination of quarantine, and carry into execution all regulations established by the city or town council, and shall be at all times accountable to the city or town council, and shall receive for his or her services compensation that the council may allow, to be paid by the owners, agents or commanders of any vessels that may be subjected to quarantine or examination.  History of Section.G.L. 1896, ch. 95,  1; G.L. 1909, ch. 114,  1; G.L. 1923, ch. 157,  1; G.L. 1938, ch. 258,  1; G.L. 1956,  23-9-1. 
 23-9-10. Enforcement by sheriffs, sergeants, and constables. Every sheriff, deputy sheriff, town sergeant, and town constable shall carry the rules and regulations of the city or town council within his or her precinct into effect.  History of Section.G.L. 1896, ch. 95,  11; G.L. 1909, ch. 114,  11; G.L. 1923, ch. 157,  11; G.L. 1938, ch. 258,  11; G.L. 1956,  23-9-10; P.L. 2015, ch. 260,  29; P.L. 2015, ch. 275,  29. 
 23-9-11. Disposition of fines. The fines for the violation of any of the provisions of this chapter shall be recovered to the use of the city or town where the offense was committed.  History of Section.G.L. 1896, ch. 95,  12; G.L. 1909, ch. 114,  12; G.L. 1923, ch. 157,  12; G.L. 1938, ch. 258,  12; G.L. 1956,  23-9-11. 
 23-9-12. Federal quarantine system superseding Providence regulations. Whenever the United States of America shall put in force a system of national quarantine inspection for the port of Providence, the duties of the quarantine health officer and sentinel of that city shall be suspended for so long a period as the quarantine inspection shall be maintained, and whenever the United States shall establish a quarantine station, ground, or anchorage on or in the Providence River or Narragansett Bay, north of Conimicut Point, and put in force a complete system of national quarantine for the port of Providence, the provisions of  23-9-1  23-9-11 shall not apply to the city of Providence or the port of Providence.  History of Section.G.L. 1909, ch. 114,  17; P.L. 1912, ch. 801,  1; G.L. 1923, ch. 157,  17; G.L. 1938, ch. 258,  17; G.L. 1956,  23-9-12. 
 23-9-13. Repealed.
 23-9-14. Hoisting of quarantine colors. The commander of a vessel as described in this chapter, on his or her arrival in any of the waters of the state, shall immediately hoist and keep his or her colors in the shrouds of that vessel as a signal that he or she has come from some infected place or has infection or contagion on board.  History of Section.G.L. 1896, ch. 94,  2; G.L. 1909, ch. 110,  2; G.L. 1923, ch. 154,  2; G.L. 1938, ch. 256,  2; G.L. 1956,  23-9-14; P.L. 2008, ch. 475,  40. 
 23-9-15. Unauthorized departure from infected vessel. If any person shall come on shore from on board a vessel as described in this chapter without first obtaining a license, the city or town council may immediately send that offender back on board that vessel, or confine him or her on shore in a convenient place that appears to the city or town council most effectual to prevent the spreading of any infection; and the offending person shall satisfy and pay all charges that shall arise on the confinement, and shall be fined forty dollars ($40.00).  History of Section.G.L. 1896, ch. 94,  3; G.L. 1909, ch. 110,  3; G.L. 1923, ch. 154,  3; G.L. 1938, ch. 256,  3; G.L. 1956,  23-9-15; P.L. 2008, ch. 475,  40. 
 23-9-16. Examination of vessel  Guards to prevent unauthorized communication. The city or town council of the city or town where a vessel as described in this chapter arrives shall send a physician or other suitable person to examine and report to them of the true state of that vessel and the people on board, at the charge of the master or owner of that vessel; and they shall immediately put on board that vessel some suitable person or persons to secure that vessel and effectually prevent any communication with that vessel, at the like charge of the master or owner of that vessel.  History of Section.G.L. 1896, ch. 94,  4; G.L. 1909, ch. 110,  4; G.L. 1923, ch. 154,  4; G.L. 1938, ch. 256,  4; G.L. 1956,  23-9-16; P.L. 2008, ch. 475,  40. 
 23-9-17. Confinement or removal of persons on board. The city or town council of the city or town where a vessel as described in this chapter arrives shall confine on board that vessel, or send to some hospital or other suitable place, all persons who came in that vessel, for a convenient time, until those of them that have, or are likely to have, the smallpox or other infectious or contagious distemper are perfectly recovered and cleansed from that distemper, or have passed a suitable quarantine, and also all persons who have gone on board that vessel without license, at the charge and expense of those persons respectively.  History of Section.G.L. 1896, ch. 94,  5; G.L. 1909, ch. 110,  5; G.L. 1923, ch. 154,  5; G.L. 1938, ch. 256,  5; G.L. 1956,  23-9-17; P.L. 2008, ch. 475,  40. 
 23-9-18. Disinfection of imported goods. The city or town council of a city or town where a vessel as described in this chapter arrives shall appoint suitable persons to take effectual care that all goods, wares, and merchandise imported in that vessel which they think may hold and communicate the infection or contagion are landed in some suitable place to be appointed by the council and cleansed in the manner directed by the council before they are permitted to be brought into any house, shop, or warehouse, other than that in which they are cleansed.  History of Section.G.L. 1896, ch. 94,  6; G.L. 1909, ch. 110,  6; G.L. 1923, ch. 154,  6; G.L. 1938, ch. 256,  6; G.L. 1956,  23-9-18; P.L. 2008, ch. 475,  40. 
 23-9-19. Certification and delivery of disinfected goods  Expense of disinfection. Whenever infected or contagious goods are sufficiently aired and cleansed, those persons described in  23-9-18 shall give the owners or persons entitled to possession of those goods a certificate to that effect; and the city or town council shall allow and order those goods, wares, and merchandise to be delivered to their owners; and the charge and expense of airing, landing, and cleansing those goods, wares, and merchandise shall be borne by the respective owners; and that charge shall be a lien on those goods, wares, and merchandise.  History of Section.G.L. 1896, ch. 94,  7; G.L. 1909, ch. 110,  7; G.L. 1923, ch. 154,  7; G.L. 1938, ch. 256,  7; G.L. 1956,  23-9-19. 
 23-9-2. Publication of city or town quarantine regulations. The city or town council shall publish in one or more newspapers published in the state, within or nearest the city or town where the rules and regulations shall be adopted, at the expense of the city or town, all rules and regulations made by it respecting quarantine.  History of Section.G.L. 1896, ch. 95,  2; G.L. 1909, ch. 114,  2; G.L. 1923, ch. 157,  2; G.L. 1938, ch. 258,  2; G.L. 1956,  23-9-2. 
 23-9-20. Delivery of goods not infected  Cleansing or destruction of infected goods. All goods that are judged by the city or town council not to be infected shall be delivered to the owners without delay and expense of airing and as soon as may be consistent with the safety of the city or town; and all goods, wares, and merchandise imported into any city or town by land from any place infected with the smallpox or other contagious or infectious distemper, shall be aired and cleansed at the discretion of the city or town council of that city or town and at the expense of their owners, or destroyed if necessary.  History of Section.G.L. 1896, ch. 94,  8; G.L. 1909, ch. 110,  8; G.L. 1923, ch. 154,  8; G.L. 1938, ch. 256,  8; G.L. 1956,  23-9-20. 
 23-9-21. Forfeiture of unlawfully imported goods. All goods imported in a vessel as described in this chapter that shall be clandestinely landed or brought into any house, shop, or warehouse without a certificate and allowance as provided in  23-9-19, or that shall be imported by land as provided in  23-9-20 and not cleansed or aired by order of the city or town council, shall be forfeited; one-third (13) of those goods to the use of the state and two-thirds (23) to the use of the person who shall sue for the goods.  History of Section.G.L. 1896, ch. 94,  9; G.L. 1909, ch. 110,  9; G.L. 1923, ch. 154,  9; G.L. 1938, ch. 256,  9; G.L. 1956,  23-9-21; P.L. 2008, ch. 475,  40. 
 23-9-22. Settlement of wages and charges. The city and town councils of the respective cities and towns shall fix, settle, and adjust all wages and charges demanded by persons employed by them to secure a vessel, or to air and cleanse those goods, or to attend upon and nurse those persons as provided in this chapter.  History of Section.G.L. 1896, ch. 94,  10; G.L. 1909, ch. 110,  10; G.L. 1923, ch. 154,  10; G.L. 1938, ch. 256,  10; G.L. 1956,  23-9-22. 
 23-9-23. Action for recovery of expenses. If any owner, freighter, mariner, or passenger shall refuse to pay those wages and charges settled, adjusted, and fixed pursuant to  23-9-22, then the city or town shall sue for and recover those wages and charges, and the court where the action is brought and maintained shall tax double costs for the plaintiff.  History of Section.G.L. 1896, ch. 94,  11; G.L. 1909, ch. 110,  11; G.L. 1923, ch. 154,  11; G.L. 1938, ch. 256,  11; G.L. 1956,  23-9-23. 
 23-9-24. Waters under concurrent jurisdiction of Newport. The health officer of the city of Newport shall, under the direction of the council of that city, have authority concurrent with the city or town councils of the several cities or towns in the county of Newport bordering on the public waters of the state in all matters arising under this chapter in relation to any vessel coming within Dutch Island Harbor or within the waters of the East River below the bridges between Portsmouth and Tiverton.  History of Section.G.L. 1896, ch. 94,  32; G.L. 1909, ch. 110,  32; G.L. 1923, ch. 154,  32; G.L. 1938, ch. 256,  32; G.L. 1956,  23-9-24. 
 23-9-3. Places from which vessels arriving are subject to quarantine. The city or town council shall prescribe from time to time the several ports, places, or countries from which vessels arriving shall be subject to examination or quarantine.  History of Section.G.L. 1896, ch. 95,  3; G.L. 1909, ch. 114,  3; G.L. 1923, ch. 157,  3; G.L. 1938, ch. 258,  3; G.L. 1956,  23-9-3. 
 23-9-4. Designation of time and place of quarantine. The city or town council shall designate the particular place in the harbor, bay, or river adjacent to the city or town where all arriving ships or vessels subject to examination or quarantine shall come to anchor; and shall define the limits of the quarantine ground, and assign the time for which those ships or vessels shall be detained, and where and how unladen.  History of Section.G.L. 1896, ch. 95,  4; G.L. 1909, ch. 114,  4; G.L. 1923, ch. 157,  4; G.L. 1938, ch. 258,  4; G.L. 1956,  23-9-4. 
 23-9-5. Sentinel to order ships into quarantine. The city or town council may appoint a sentinel, who shall be paid by the city or town and stationed in some convenient place on shore, or in some properly situated boat or vessel, to hail all ships or vessels which may arrive in that river, bay, or harbor; and if the sentinel shall find that any ship or vessel is subject to quarantine, he or she shall direct the commander of that ship or vessel to come to anchor within the limits of that quarantine ground, and remain there until visited by the health officer, and to place a signal in the shrouds of the vessel in a manner as to be seen at a proper distance.  History of Section.G.L. 1896, ch. 95,  5; G.L. 1909, ch. 114,  5; G.L. 1923, ch. 157,  5; G.L. 1938, ch. 258,  5; G.L. 1956,  23-9-5. 
 23-9-6. Penalty for refusal to anchor in quarantine. Every commander of a ship or vessel who shall, upon being hailed and directed by the sentinel, refuse or neglect to bring his or her ship or vessel to anchor within the limits as described in  23-9-4, shall be fined not exceeding five hundred dollars ($500) nor less than twenty dollars ($20.00), to the use of the city or town.  History of Section.G.L. 1896, ch. 95,  6; G.L. 1909, ch. 114,  6; G.L. 1923, ch. 157,  6; G.L. 1938, ch. 258,  6; G.L. 1956,  23-9-6; P.L. 2001, ch. 86,  68. 
 23-9-7. Council order to anchor in quarantine. The city or town council may order a ship or vessel to be anchored on the quarantine ground, at the expense of the owners, master, or commanding officer of the ship or vessel, to remain there until legally discharged from the quarantine ground.  History of Section.G.L. 1896, ch. 95,  7; G.L. 1909, ch. 114,  7; G.L. 1923, ch. 157,  7; G.L. 1938, ch. 258,  7; G.L. 1956,  23-9-7. 
 23-9-8. Unauthorized departure from vessel under quarantine. Every person who shall leave any ship or vessel under order of quarantine without permission from the health officer or the city or town council of that city or town, shall be fined not exceeding twenty dollars ($20.00); and the city or town council may order that person to be returned on board of that vessel, and to remain there until the council orders him or her to be dismissed.  History of Section.G.L. 1896, ch. 95,  8; G.L. 1909, ch. 114,  8; G.L. 1923, ch. 157,  8; G.L. 1938, ch. 258,  8; G.L. 1956,  23-9-8. 
 23-9-9. Quarantine of vessels bound for Providence. If any vessel shall arrive in the waters of the state bound to the port of Providence at any time while the quarantine regulations of the city of Providence are in force, no person on board that vessel shall leave it until it has been visited and examined by the health officer of Providence, and permission to land has been given by that health officer or by the city council of Providence to that person to enter the city. Every person leaving that vessel without first obtaining permission, shall be fined not exceeding twenty dollars ($20.00); and the city council may cause that person to be returned to the vessel in case it is under quarantine, and to remain there until permitted to depart.  History of Section.G.L. 1896, ch. 95,  9, 10; G.L. 1909, ch. 114,  9, 10; G.L. 1923, ch. 157,  9, 10; G.L. 1938, ch. 258,  9, 10; G.L. 1956,  23-9-9. 
 23-90-1. Purpose. The purposes of this chapter are: (1) To establish a system for the collection, recycling, and reuse for discarded mattresses in Rhode Island.  (2) To develop a comprehensive strategy, with the participation of state agencies, producers, retailers, and consumers for waste prevention and reduction of discarded mattresses in the state, which addresses the collection, recycling and reuse of mattresses in a safe and environmentally sound manner;  (3) To promote the development of infrastructure for the reuse and recycling of discarded mattresses;  (4) To minimize costs incurred by Rhode Island municipalities to collect, dispose of, or recycle mattresses discarded by residents; and  (5) To eliminate waste generated in the state from the disposal of discarded mattresses from landfill and other forms of disposal.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-90-10. Collaboration. 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.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-90-11. Report to the General Assembly. Not later than three (3) years after the approval of the plan pursuant to  23-90-5 of this chapter, the corporation director shall submit a report to the general assembly. Such report shall provide an evaluation of the mattress stewardship program.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-90-2. Findings. 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 mattresss 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 Islands 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.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-90-3. Definitions. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:  (1) Brand means a name, symbol, word or mark that attributes a mattress to the producer of such mattress.  (2) Covered entity means any political subdivision of the state, any mattress retailer, any permitted transfer station, any waste to energy facility, any healthcare facility, any educational facility, any correctional facility, any military base, or any commercial or non profit lodging establishment that possesses a discarded mattress that was discarded in this state. Covered entity does not include any renovator, refurbisher or any person who transports a discarded mattress.  (3) Consumer means an individual who is also a resident of this state.  (4) Corporation means the Rhode Island Resource Recovery Corporation.  (5) Corporation Director means the executive director of the Rhode Island Resource Recovery Corporation.  (6) Council or mattress recycling council means the state wide, non-profit organization created by producers, or created by any trade association that represents producers, who account for a majority of mattress production in the United States to design, submit, and implement the mattress stewardship plan as described in this chapter.  (7) Discarded mattress means any mattress that a consumer intends to discard, has discarded, or that is abandoned.  (8) Energy recovery means the process by which all or a portion of solid waste materials are processed or combusted in order to utilize the heat content or other forms of energy derived from such solid waste materials.  (9) Foundation means any ticking-covered structure that is used to support a mattress and that is composed of one or more of the following: A constructed frame, foam, or a box spring. Foundation does not include any bed frame or base made of wood, metal, or other material that rests upon the floor and that serves as a brace for a mattress.  (10) Mattress means any resilient material, or combination of materials, that is enclosed by ticking, used alone or in combination with other products, and that is intended for, or promoted for, sleeping upon. Mattress includes any foundation, renovated foundation, or renovated mattress.  Mattress does not include any of the following: (i) An unattached mattress pad, an unattached mattress topper, including any item with resilient filling, with or without ticking, that is intended to be used with, or on top of a mattress;  (ii) A sleeping bag, pillow;  (iii) A crib or bassinet mattress, car bed;  (iv) Juvenile products, including: a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper, and the pads for those juvenile products;  (v) A product that contains liquid- or gaseous-filled ticking, including any water bed or air mattress that does not contain upholstery material between the ticking and the mattress core;  (vi) Any upholstered furniture that does not contain a detachable mattress; or  (vii) A fold-out sofa bed or futon.  (11) Mattress core means the main support system that is present in a mattress, including, but not limited to: springs, foam, air bladder, water bladder, or resilient filling.  (12) Mattress recycling council or council means the organization created by producers to design, submit, and implement the mattress stewardship program described in  23-90-5.  (13) Mattress stewardship fee means the amount added to the purchase price of a mattress sold in this state that is necessary to cover the cost of collecting, transporting, and processing discarded mattresses by the council pursuant to the mattress stewardship program.  (14) Mattress stewardship program or program means the state wide, program described in  23-90-5 and implemented pursuant to the mattress stewardship plan as approved by the corporation director.  (15) Mattress topper means any item that contains resilient filling, with or without ticking, that is intended to be used with or on top of a mattress.  (16) Performance goal means a metric proposed by the council, to measure, on an annual basis, the performance of the mattress stewardship program, taking into consideration technical and economic feasibilities, in achieving continuous, meaningful improvement in improving the rate of mattress recycling in the state and any other specified goal of the program.  (17) Producer means any person who manufactures or renovates a mattress that is sold, offered for sale, or distributed in the state under the manufacturers own name or brand. Producer includes:  (i) The owner of a trademark or brand under which a mattress is sold, offered for sale, or distributed in this state, whether or not such trademark or brand is registered in this state; and  (ii) Any person who imports a mattress into the United States that is sold or offered for sale in this state and that is manufactured or renovated by a person who does not have a presence in the United States;  (18) Recycling means any process in which discarded mattresses, components, and by-products may lose their original identity or form as they are transformed into new, usable, or marketable materials. Recycling does not include as a primary process the use of incineration for energy recovery or energy generation by means of combustion.  (19) Renovate or renovation means altering a mattress for the purpose of resale and includes any one, or a combination of, the following: Replacing the ticking or filling, adding additional filling, rebuilding a mattress, or replacing components with new or recycled materials. Renovate or renovation does not include the:  (i) Stripping of a mattress of its ticking or filling without adding new material;  (ii) Sanitization or sterilization of a mattress without otherwise altering the mattress; or  (iii) Altering of a mattress by a renovator when a person retains the altered mattress for personal use, in accordance with regulations of the department of business regulation.  (20) Renovator means a person who renovates discarded mattresses for the purpose of reselling such mattresses in a retail store.  (21) Retailer means any person who sells mattresses in this state or offers mattresses in this state to a consumer through any means, including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet.  (22) Sanitization means the direct application of chemicals to a mattress to kill human disease-causing pathogens.  (23)  Sale means the transfer of title of a mattress for consideration, including through the use of a sales outlet, catalog, internet website, or similar electronic means.  (24) Sterilization means the mitigation of any deleterious substances or organisms including human disease-causing pathogens, fungi, and insects from a mattress or filling material using a process approved by the department of business regulation.  (25) Ticking means the outermost layer of fabric or material of a mattress. Ticking does not include any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress.  (26) Upholstery material means all material, loose or attached, between the ticking and the core of a mattress.  (27) Wholesaler means any person who sells or distributes mattresses in the state, in a nonretail setting, for the purpose of the resale of such mattresses.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1; P.L. 2015, ch. 126,  1; P.L. 2015, ch. 249,  1. 
 23-90-4. Mattress stewardship council established. (a) On or before July 1, 2015, each producer shall join the council and such council shall submit a plan, for the corporation directors 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.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-90-5. Mattress stewardship plan. (a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress stewardship plan for the establishment of a mattress stewardship program to the corporation director for approval.  (b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is technologically feasible and economically practical:  (1) Identify each producers participation in the program;  (2) Describe the fee structure for the program and propose a uniform stewardship fee that is sufficient to cover the costs of operating and administering the program;  (3) Establish performance goals for the first two (2) years of the program;  (4) Identify proposed recycling facilities to be used by the program, such facilities shall not require a solid waste management facilities license;  (5) Detail how the program will promote the recycling of discarded mattresses;  (6) Include a description of the public education program;  (7) Describe fee-disclosure language that retailers will be required to prominently display that will inform consumers of the amount and purpose of the fee; and  (8) Identify the methods and procedures to facilitate implementation of the mattress stewardship program in coordination with the corporation director and municipalities.  (c) Not later than ninety (90) days after submission of the plan pursuant to this section, the corporation shall make a determination whether to:  (1) Approve the plan as submitted; or  (2) Deny the plan.  (d) The corporation director shall approve the plan for the establishment of the mattress stewardship program, provided such plan reasonably meets the requirements of this section. Prior to making such determination, the corporation director shall post the plan for at least thirty (30) days, in accordance with the Administrative Procedures Act as set forth in chapter 35 of title 42, on the corporations website and solicit public comments on the plan to be posted on the website.  (e) In the event that the corporation director denies the plan, the corporation director shall provide a notice of determination to the council, within sixty (60) days, detailing the reasons for the disapproval. The council shall revise and resubmit the plan to the corporation director not later than forty-five (45) days after receipt of notice of the corporation directors denial notice. Not later than forty-five (45) days after receipt of the revised plan, the corporation director shall review and approve or deny the revised plan. The council may resubmit a revised plan to the corporation director for approval on not more than two (2) occasions. If the council fails to submit a plan that is acceptable to the corporation director, because it does not meet the criteria pursuant to subdivisions (b)(1-8), the corporation director shall have the ability to modify the submitted plan and approve it. Not later than one hundred twenty (120) days after the approval of a plan pursuant to this section, the council shall implement the mattress stewardship program.  (f) It is the responsibility of the council to:  (1) Notify the corporation director whenever there is a proposed substantial change to the program. If the corporation director takes no action on a proposed substantial change within ninety (90) days after notification of the proposed change, the proposed change shall be deemed approved. For the purposes of this subdivision, substantial change shall include, but not be limited to:  (i) A change in the processing facilities to be used for discarded mattresses collected pursuant to the program; or  (ii) A material change to the system for collecting mattresses.  (2) Not later than October 1, 2017, the council shall submit to the corporation director for review, updated performance goals that are based on the experience of the program during the first two (2) years of the program.  (g) The council shall notify the corporation director of any other changes to the program on an ongoing basis, whenever they occur, without resubmission of the plan to the corporation director for approval. Such changes shall include, but not be limited to, a change in the composition, officers, or contact information of the council.  (h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform fee more frequently than once every two (2) years if the council determines such change is needed to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent auditor to ensure that such assessment does not exceed the costs of the mattress stewardship program described in subsection (b) of this section and to maintain financial reserves sufficient to operate the program over a multi-year period in a fiscally prudent and responsible manner. Not later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall render an opinion to the corporation director as to whether the proposed mattress stewardship fee is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90) days after the auditor notifies the corporation director that the fee is reasonable. If the auditor concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council with written notice explaining the auditors opinion. Specific documents or information provided to the auditor by the council, along with any associated internal documents or information held by the council, shall be made available to the corporation for its review upon request but shall not be made public if the documents and information contain trade secrets or commercial or financial information of a privileged or confidential nature, pursuant to chapter 2 of title 38 (access to public records). Not later than fourteen (14) days after the councils receipt of the auditors opinion, the council may either propose a new mattress stewardship fee, or provide written comments on the auditors opinion. If the auditor concludes that the fee is not reasonable, the corporation director shall decide, based on the auditors opinion and any comments provided by the council, whether to approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The cost of any work performed by such auditor pursuant to the provisions of this subsection and subsection (i) of this section shall be funded by the council.  (i)(1) On and after the implementation of the mattress stewardship program, each retailer shall add the amount of the fee established pursuant to subsection (b) of this section and described in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee shall be remitted by the retailer to the council. The council may, subject to the corporation directors approval, establish an alternative, practicable means of collecting or remitting such fee.  (2) On and after the implementation date of the mattress stewardship program, no producer, distributor, or retailer shall sell or offer for sale a mattress to any person in the state if the producer is not a member of the council.  (3) No retailer or distributor shall be found to be in violation of the provisions of this section, if, on the date the mattress was ordered from the producer or its agent, the producer of said mattress was listed on the corporations website in accordance with the provisions of this chapter.  (j) Not later than October 1, 2016, and annually thereafter, the council shall submit an annual report to the corporation director. The corporation director shall post such annual report on the corporations website. Such report shall include, but not be limited to:  (1) The weight of mattresses collected pursuant to the program from:  (i) Municipal and/or transfer stations;  (ii) Retailers; and  (iii) All other covered entities;  (2) The weight of mattresses diverted for recycling;  (3) Identification of the mattress recycling facilities to which mattresses were delivered for recycling;  (4) The weight of discarded mattresses recycled, as indicated by the weight of each of the commodities sold to secondary markets;  (5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:  (i) Rhode Island resource recovery corporation; and  (ii) Any other facilities;  (6) Samples of public education materials and methods used to support the program;  (7) A description of efforts undertaken and evaluation of the methods used to disseminate such materials;  (8) Updated performance goals and an evaluation of the effectiveness of the methods and processes used to achieve performance goals of the program; and  (9) Recommendations for any changes to the program.  (k) Two (2) years after the implementation of the program and upon the request of the corporation director, but not more frequently than once a year, the council shall cause an audit of the program to be conducted by the auditor described in subsection (h) of this section. Such audit shall review the accuracy of the councils data concerning the program and provide any other information requested by the corporation director. Such audit shall be paid for by the council. The council shall maintain all records relating to the program for not less than three (3) years.  (l) No covered entity that participates in the program shall charge for receipt of mattresses generated in the state. Covered entities may charge a fee for providing the service of collecting mattresses and may restrict the acceptance of mattresses by number, source, or physical condition.  (m) Covered entities that, upon the date of this acts passage, have an existing program for recycling discarded mattresses may continue to operate such program without coordination of the council, so long as the entities are able to demonstrate, in writing, to the corporation director that the facilities to which discarded mattresses are delivered are engaged in the business of recycling said mattresses and the corporation director approves the written affirmation that the facility engages in mattress recycling of mattresses received by the covered entity. A copy of the written affirmation and the corporations approval shall be provided to the council by the corporation director in a timely manner.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1; P.L. 2015, ch. 126,  1; P.L. 2015, ch. 249,  1; P.L. 2022, ch. 231, art. 3,  10, effective June 27, 2022. 
 23-90-6. Responsibilities of the Rhode Island resource recovery corporation. (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.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-90-7. Regulations. The corporation is hereby authorized to promulgate additional rules and regulations pursuant to the administrative procedures act, chapter 35 of title 42, to implement the provisions of this chapter.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-90-8. Immunity. Each producer, retailer and the council shall be immune from liability for any claim of a violation of antitrust law, to the extent such producer or council is exercising authority pursuant to the provisions of this chapter, including but not limited to:  (1) The creation, implementation or management of a plan pursuant to  23-90-5, and the types or quantities of used mattresses recycled or otherwise managed pursuant to a plan;  (2) The cost and structure of a plan; and  (3) The establishment, administration, collection or disbursement of the mattress stewardship fee associated with funding the implementation of the plan.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-90-9. Violations. A violation of any of the provisions of this chapter or any rule or regulation promulgated pursuant to  23-90-7 shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any subsequent violation, the civil penalty shall not exceed five thousand dollars ($5,000) for each violation.  History of Section.P.L. 2013, ch. 281,  1; P.L. 2013, ch. 423,  1. 
 23-91-1. Service member licensure. (a) The director and each member of the examining and licensing boards shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept education, training, or service completed by an individual as a member of the Armed Forces or Reserves of the United States, the National Guard of any state, the Military Reserves of any state, or the Naval Militia of any state toward the qualifications to receive the license or certification. The director and each appropriate examining and licensing board shall promulgate rules to implement this section.  (b) Notwithstanding any other law to the contrary, each health related board shall establish a procedure to expedite the issuance of a license, certification or permit to perform professional services regulated by each such board to a person who is certified or licensed in another state to perform professional services in a state other than Rhode Island. The procedure shall include:  (1) Issuing the person a license, certificate or permit, if, in the opinion of the board, the requirements for certification or licensure of such other state are substantially equivalent to that required in this state; or  (2) Developing a method to authorize the person to perform professional services regulated by the board in this state by issuing the person a temporary permit for a limited period of time to allow the person to perform professional services while completing any specific requirements that may be required in this state that were not required in the state in which the person was licensed or certified.  History of Section.P.L. 2013, ch. 287,  2; P.L. 2013, ch. 386,  2. 
 23-92-1. Military spouse licensure. (a) Each health related board shall establish a procedure to expedite the issuance of a license, certification or permit to perform professional services regulated by each such board to a person:  (1) Who is certified or licensed in another state to perform professional services in a state other than Rhode Island;  (2) Whose spouse is a member of the armed forces of the United States;  (3) Whose spouse is the subject of a military transfer to Rhode Island; and  (4) Who left employment to accompany the persons spouse to Rhode Island.  (b) The procedure shall include:  (1) Issuing the person a license, certificate or permit, if, in the opinion of the board, the requirements for certification or licensure of such other state are substantially equivalent to that required in this state; or  (2) Developing a method to authorize the person to perform professional services regulated by the board in this state by issuing the person a temporary permit for a limited period of time to allow the person to perform professional services while completing any specific requirements that may be required in this state that were not required in the state in which the person was licensed or certified.  History of Section.P.L. 2013, ch. 287,  4; P.L. 2013, ch. 386,  4. 
 23-93-1. Domestic medical tourism. For purposes of this chapter, Domestic Medical Tourism means the practice of patients traveling to states other than their residence for the provision of healthcare services.  History of Section.P.L. 2014, ch. 267,  1; P.L. 2014, ch. 316,  1. 
 23-93-2. Exemption for domestic medical tourism. (a) Any healthcare facility located in the state of Rhode Island specializing in domestic medical tourism, and having more than fifty percent (50%) of its patients residing outside of the state; or, until July 1, 2015, any in-state hospital licensed under chapter 17 of title 23; or in-state healthcare facility under common ownership with an in-state hospital licensed under chapter 17 of title 23, shall be exempt from the provisions of chapter 15 of title 23; provided, however, that such healthcare facility must comply with all other applicable laws and regulations governing healthcare facilities. Any applicant not compliant shall have thirty (30) days to comply with this section and any applicable regulations governing this section.  (b) Any healthcare facility described in subsection (a) shall, on a biennial basis, certify to the department that more than fifty percent (50%) of its patients reside outside of the state.  (c) Any healthcare facility exempt under subsection (a) that fails to certify under subsection (b), or is otherwise found by the department to have not established that more than fifty percent (50%) of its patients currently reside outside of the state, shall be required to apply for a certificate of need during the next review cycle established by the health services council.  History of Section.P.L. 2014, ch. 267,  1; P.L. 2014, ch. 316,  1. 
 23-93-3. Exemption for multi-practice facilities. Notwithstanding the requirements of any other provisions of any general or public laws, the following circumstances shall not require a certificate of need review and approval by the state agency:  (1) The merger of an existing, currently licensed multi-practice physician ambulatory surgery center or multi-practice podiatry ambulatory surgery center (as such terms are defined in  23-17-2) with another such center; or  (2) An existing, currently licensed multi-practice physician ambulatory surgery center or multi-practice podiatry ambulatory surgery center (as such terms are defined in  23-17-2) expanding its operation to add an additional operating room in excess of two (2) operating rooms.  History of Section.P.L. 2014, ch. 267,  1; P.L. 2014, ch. 316,  1. 
 23-93-4. Penalties for noncompliance. (a) The department, after notice and opportunity for hearing to the applicant, is authorized to take corrective action in any case in which it finds that there has been failure by an applicant to comply with the requirements established under any approval granted pursuant to this chapter, including, without limitation, the imposition of monetary fines that may be statutorily permitted by virtue of individual healthcare facility licensing statutes.  (b) The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of the mailing or service, at which the applicant shall be given an opportunity for a prompt and fair hearing. On the basis of the hearing, or upon default of the applicant, the department shall make a determination specifying its findings of fact and conclusions. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant. The decision shall become final thirty (30) days after it is so mailed or served, unless the applicant, within such thirty-day (30) period, appeals the decision pursuant to  42-35-15. The procedure governing hearings authorized by this section shall be in accordance with  42-35-9  42-35-13 as stipulated in  42-35-14(a). A full and complete record shall be kept of all proceedings and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to  42-35-15. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies.  (c) Nothing in this section shall limit the directors general or emergency powers under  23-1-1, 23-17-8 or any other authority granted to the department under the general laws.  History of Section.P.L. 2014, ch. 267,  1; P.L. 2014, ch. 316,  1. 
 23-93-5. Moratorium  Statewide health plan  Inventory of healthcare facilities, equipment and services. (a) The health services council shall not review, and applicable state licensing agencies shall not issue, any approvals for new healthcare equipment or new institutional health services prior to July 1, 2015; provided, however, that any review by the health services council and approval by state agencies may be conducted during the moratorium period in the case of an emergency circumstance; a certificate of need not previously approved; a certificate of need request made pursuant to the nursing home culture change beds as defined in  23-17-44(d); a certificate of need request made by a hospital or by a healthcare facility under common ownership with a hospital; a change in ownership with respect to an institutional health service; a change in the effective control of a hospital or other licensed facility; upgrades or improvements of services related to prior changes in effective control; or a compelling circumstance affecting the quality of life with respect to a certain geographic area or subpopulation such as, but not limited to, pain management delivered to the home. Notwithstanding the foregoing, any certificate of need application pending at the time of passage of this chapter shall continue to be reviewed pursuant to the provisions of chapter 15 of title 23; and shall not be subject to the moratorium provisions of this chapter.  (b) During the moratorium period provided in subsection (a) above, the department of health (for purposes of this section referred to as the department) shall conduct, and shall conduct on a biennial basis thereafter, a statewide healthcare utilization and capacity study. Such study may include, but not be limited to, an assessment of:  (1) The current availability and utilization of acute hospital care, hospital emergency care, specialty hospital care, outpatient surgical care, home care and hospice agencies, assisted daily living and nursing homes, long-term care facilities, primary care and specialty and clinic care, behavioral and mental health care, and substance abuse care and services;  (2) The geographic areas and subpopulations that may be underserved or have reduced access to specific types of healthcare services; and  (3) Other factors that the department deems pertinent to healthcare utilization including, but not limited to, the number of magnetic resonance imaging facilities and physician ambulatory surgi-centers. Not later than November 1 of the year in which the study is conducted, the department shall report to the governor, the general assembly, and the healthcare planning and accountability advisory council (council) on the findings of the study. Such report may also include the departments recommendations for addressing identified gaps in the provision of health services and institutional health services; recommendations concerning a lack of access to health services and institutional health services; and duplicative and/or redundant services.  (c)(1) The department, in consultation with the council and such other state agencies as it deems appropriate, shall establish and maintain a statewide health plan. Such plan may include, but not be limited to:  (i) An assessment of the availability of acute hospital care, hospital emergency care, specialty hospital care, outpatient surgical care, home care and hospice agencies, primary care and clinic care, behavioral and mental health care, and substance abuse care and services;  (ii) An evaluation of the unmet needs of persons at risk and vulnerable populations as determined by the department and the council;  (iii) A projection of future demand for health services and institutional health services and the impact that technology may have on the demand, capacity, or need for such services; and  (iv) Recommendations for the expansion, reduction, or modification of healthcare facilities, health services, or institutional health services. The department, in consultation with healthcare providers, healthcare facilities, and the council, shall develop a process that requires, as a condition of licensure, that healthcare providers and healthcare facilities incorporate the state wide health plan into their long-range planning and shall facilitate communication between appropriate state agencies concerning innovations or changes that may affect future health planning. Information needed for the development of the state health plan shall be gathered through systematic methods designed to include local, regional, and statewide perspectives. The department, in conjunction with the council, shall update the statewide health plan not less than once every two (2) years.  (2) The state health plan shall identify:  (i) Major statewide health concerns;  (ii) The availability and use of current health resources of the state, including resources associated with information technology; capacity provided by existing healthcare physicians; and providers of service and institutions of higher education; and  (iii) Future health service, information technology, and facility needs of the state.  (3) The state health plan shall:  (i) Propose strategies for the correction of any deficiencies in the state health delivery system;  (ii) Propose strategies for incorporating information technology in the health service and institutional health service delivery system;  (iii) Propose strategies for involving state-supported institutions of higher education in providing health services and for coordinating those efforts with health and human services agencies; and  (iv) Provide proposals for the states legislative and executive decision-making processes to consider implementing the strategies proposed by the plan.  (d)(1) For purposes of conducting the statewide healthcare utilization and capacity study and preparing the statewide health plan, and in order to identify the location, distribution, and nature of all healthcare resources in the state, the department shall establish and maintain an inventory of all healthcare facilities, health services, and institutional health services in the state and the equipment located in such healthcare facilities. The statewide inventory of all healthcare services and equipment shall also include, without limitation, current stock, anticipated need, and geographical distribution of health services and institutional health services throughout the state. The department and the council shall develop an inventory questionnaire to obtain, at a minimum, the following information:  (i) The name and location of the healthcare provider and healthcare facility;  (ii) The type of facility;  (iii) The hours of operation;  (iv) The type of services provided at that location including, but not limited to, translation and transportation services;  (v) The total number of clients, the race, ethnicity and primary language spoken in the home of the clients, treatments, patient visits, procedures performed, or scans performed in a calendar year;  (vi) The total number of the uninsured population in the state; and  (vii) Such other information as the department deems appropriate. The inventory shall be completed biennially by healthcare facilities and healthcare providers, and such healthcare facilities and healthcare providers shall not provide patient-specific data.  (2) The inventory and all related information shall be maintained in a form usable by the general public in a designated office of the department, shall constitute a public record, and shall be coordinated with information collected by the department and the council under other provisions of law; provided, however, that any item of information that is confidential or privileged in nature shall not be regarded as a public record under this section or the general laws.  (e) The department and the council shall publish analyses, reports, and interpretations of information collected under this section in order to further public knowledge concerning the distribution and nature of health services and institutional health services in the state. The department may require healthcare providers and healthcare facilities to provide information for the purposes of this section and may prescribe, by regulation, uniform reporting requirements. In prescribing such regulations, the department shall strive to make any reports required under this section of mutual benefit to those providing, as well as those using, such information and shall avoid placing any burdens on such providers that are not reasonably necessary to accomplish the purposes of this section.  (f) Agencies of the state that collect cost or other data concerning health services and institutional health services shall cooperate with the department in coordinating such data with information collected under this section.  (g) In the performance of its duties under this section, the department, subject to appropriation, may enter into such contracts with agencies of the federal government, the state or its political subdivisions, and public or private bodies, as it deems necessary.  (h) The department shall provide a progress report on healthcare inventory and statewide health plan no later than February 2015.  History of Section.P.L. 2014, ch. 267,  1; P.L. 2014, ch. 316,  1. 
 23-94-1. Short title. This chapter shall be known and may be cited as the Prevention of Conversion Therapy for Children Act.  History of Section.P.L. 2017, ch. 186,  2; P.L. 2017, ch. 328,  2. 
 23-94-2. Definitions. As used in this chapter: (1) Conversion therapy means any practices or treatments that seek to change an individuals sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy shall not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a persons coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individuals sexual orientation or gender identity.  (i) Conversion therapy shall include any practice by any licensed professional that seeks or purports to impose change of an individuals sexual orientation or gender identity, practices that attempt or purport to change behavioral expression of an individuals sexual orientation or gender identity or attempt or purport to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex;  (ii) Conversion therapy shall not include practices that:  (A) Provide acceptance, support, and understanding of an individuals sexual orientation, gender identity, or gender expression and the facilitation of an individuals coping, social support, and identity exploration and development, including interventions to prevent or address unlawful conduct or unsafe sexual practices; or  (B) Provide acceptance, support, or understanding of an individuals gender expression or the facilitation of an individuals coping, social support, and identity exploration and development.  (2) Department means the Rhode Island department of health.  (3) Licensed professional means any licensed medical, mental health, or human services professional licensed pursuant to title 5 including, but not limited to: any psychologist, psychiatrist, social worker, nurse, mental health professional, human services professional, under any provisions of the general law, rule or regulation to the contrary.  History of Section.P.L. 2017, ch. 186,  2; P.L. 2017, ch. 328,  2. 
 23-94-3. Conversion therapy efforts for minors prohibited  Violations and enforcement. (a) No licensed professional shall advertise for or engage in conversion therapy efforts with or relating to a patient(s) under the age of eighteen (18).  (b) Any conversion therapy practiced by a licensed professional, as defined in  23-94-2, on a patient under the age of eighteen (18) shall be considered unprofessional conduct and shall subject them to discipline by the department, which discipline may include suspension and revocation of the professionals license.  (c) The department is hereby authorized to initiate proceedings for violations of this section.  (d) The department shall promulgate rules in accordance with the provisions of this section. These rules and regulations shall include, but not be limited to, a clear distinction between conversion therapy and other types of medically or clinically recognized therapies and practices, including, but not limited to, those practices referenced in  23-94-2(1)(ii).  History of Section.P.L. 2017, ch. 186,  2; P.L. 2017, ch. 328,  2. 
 23-94-4. Prohibition on state funding for conversion therapy. No state funds, nor any funds belonging to a municipality, agency, or political subdivision of this state, shall be expended for the purpose of conducting conversion therapy; referring a person for conversion therapy; health benefits coverage for conversion therapy; or a grant or contract with any entity that conducts conversion therapy or refers individuals for conversion therapy.  History of Section.P.L. 2017, ch. 186,  2; P.L. 2017, ch. 328,  2. 
 23-94-5. Severability. If any provision of this chapter or of any rule or regulation made under this chapter, or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the provision to other persons or circumstances shall not be affected by this invalidity. The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the chapter.  History of Section.P.L. 2017, ch. 186,  2; P.L. 2017, ch. 328,  2. 
 23-95-1. Short title.  This chapter shall be known and may be cited as the Nondiscrimination in Access to Anatomical Gifts and Organ Transplants Act (Isaacs Law).  History of Section.P.L. 2021, ch. 109,  2, effective June 30, 2021; P.L. 2021, ch. 133,  2, effective June 30, 2021. 
 23-95-2. Legislative purpose. It is the purpose of this chapter to prohibit discrimination against a potential organ transplant recipient based solely on a persons physical or mental disability.  History of Section.P.L. 2021, ch. 109,  2, effective June 30, 2021; P.L. 2021, ch. 133,  2, effective June 30, 2021. 
 23-95-3. Definitions. As used in this chapter, the following words and terms shall have the following meanings unless the context shall clearly indicate another or different meaning or intent:  (1) Anatomical gift means a donation of all or part of a human body to take effect after the donors death for the purpose of transplantation or transfusion.  (2) Auxiliary aids or services means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the individual to better understand the information. An auxiliary aid or service may include:  (i) Qualified interpreters or other effective methods of making aurally delivered materials available to persons with hearing impairments;  (ii) Qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to persons with visual impairments;  (iii) Supported decision-making services, including:  (A) The use of a support individual to communicate information to the individual with a disability, ascertain the wishes of the individual, or assist the individual in making decisions;  (B) The disclosure of information to a legal guardian, authorized representative, or another individual designated by the individual with a disability for such purpose, as long as the disclosure is consistent with state and federal law, including the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.   1320d et seq., and any regulations promulgated by the United States Department of Health and Human Services to implement the act;  (C) If an individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individuals health care and that medical decisions are in accordance with the individuals own expressed interests;  (D) Any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental, or intellectual disabilities, including assistive communication technology.  (3) Covered entity means:  (i) Any licensed provider of healthcare services, including licensed healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers;  (ii) Any entity responsible for matching anatomical gift donors to potential recipients.  (4) Disability means a disability as defined in  42-87-1 in accordance with the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, at 42 U.S.C.  12102.  (5) Organ transplant means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.  (6) Qualified recipient means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:  (i) Individuals or entities available to support and assist the individual with an anatomical gift or transplantation;  (ii) Auxiliary aids or services;  (iii) Reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for either or both of the following:  (A) Communication with one or more individuals or entities available to support or assist with the recipients care and medication after surgery or transplantation;  (B) Consideration of support networks available to the individual, including family, friends, and home and community-based services, including home and community-based services funded through Medicaid, Medicare, another health plan in which the individual is enrolled, or any program or source of funding available to the individual, when determining whether the individual is able to comply with post-transplant medical requirements.  History of Section.P.L. 2021, ch. 109,  2, effective June 30, 2021; P.L. 2021, ch. 133,  2, effective June 30, 2021. 
 23-95-4. Discrimination prohibited. (a) The provisions of this chapter shall apply to all stages of the organ transplant process.  (b) A covered entity shall not, solely on the basis of an individuals disability:  (1) Consider the individual ineligible to receive an anatomical gift or organ transplant;  (2) Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, post-operative treatment, and services;  (3) Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;  (4) Refuse to place a qualified recipient on an organ transplant waiting list;  (5) Place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if the individual did not have a disability; or  (6) Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including post-transplantation and post-transfusion care.  (c) Notwithstanding subsection (b) of this section, a covered entity may take an individuals disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon, following personalized evaluation of the individual, to be medically significant to the provision of the anatomical gift.  (d) If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, a covered entity may not consider the individuals inability to independently comply with post-transplant medical requirements to be medically significant for the purposes of subsection (c) of this section.  (e) A covered entity must make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services.  (f) A covered entity must take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity.  (g) Nothing in this section shall be deemed to require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.  (h) A covered entity shall otherwise comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008.  History of Section.P.L. 2021, ch. 109,  2, effective June 30, 2021; P.L. 2021, ch. 133,  2, effective June 30, 2021. 
 23-95-5. Enforcement. (a) Whenever it appears that a covered entity has violated or is violating any of the provisions of this chapter, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this chapter. The action may be brought in the district court for the county where the affected individual resides or resided or was denied the organ transplant or referral.  (b) In an action brought under this chapter, the court must give priority on its docket and expedited review, and may grant injunctive or other equitable relief, including:  (1) Requiring auxiliary aids or services to be made available for a qualified recipient;  (2) Requiring the modification of a policy, practice or procedure of a covered entity; or  (3) Requiring facilities be made readily accessible to and usable by a qualified recipient.  (c) Nothing in this chapter is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 or any other applicable law.  (d) This chapter does not create a right to compensatory or punitive damages against a covered entity.  History of Section.P.L. 2021, ch. 109,  2, effective June 30, 2021; P.L. 2021, ch. 133,  2, effective June 30, 2021. 
 23-95-6. Insurance. (a) As used in this section, the following words and terms shall have the following meanings:  (1) Covered person means a policyholder, subscriber, enrollee, member, or individual covered by a health benefit plan.  (2) Health benefit plan means a policy, contract, certificate, or agreement entered into, offered, or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services. Health benefit plan shall not include a plan providing coverage for excepted benefits and short-term policies that have a term of less than twelve (12) months.  (3) Health insurer means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Rhode Island health insurance commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including through a health benefit plan as defined in this section, and shall include a sickness and accident insurance company, a health maintenance organization, a preferred provider organization, or any similar entity, or any other entity providing a plan of health insurance or health benefits.  (b) A health insurer that provides coverage for anatomical gifts, organ transplants, or related treatment and services shall not:  (1) Deny coverage to a covered person solely on the basis of the persons disability;  (2) Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the health benefit plan, solely for the purpose of avoiding the requirements of this section;  (3) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide monetary or nonmonetary incentives to an attending provider, to induce the provider to provide care to an insured or enrollee in a manner inconsistent with this section; or  (4) Reduce or limit coverage benefits to a patient for the medical services or other services related to organ transplantation performed pursuant to this section as determined in consultation with the attending physician and patient.  (c) In the case of a health benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan that amends the plan solely to conform to any requirement imposed pursuant to this section shall not be treated as a termination of the collective bargaining agreement.  (d) Nothing in this section shall be deemed to require a health insurer to provide coverage for a medically inappropriate organ transplant.  History of Section.P.L. 2021, ch. 109,  2, effective June 30, 2021; P.L. 2021, ch. 133,  2, effective June 30, 2021. 
 23-95-7. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which that judgment shall have been rendered.  History of Section.P.L. 2021, ch. 109,  2, effective June 30, 2021; P.L. 2021, ch. 133,  2, effective June 30, 2021. 
 23-96-1. Prohibited practices.  (a) No person or entity shall intentionally release, intentionally organize the release of, or otherwise intentionally cause the simultaneous release of ten (10) or more balloons inflated with a gas that is lighter than air, except for:  (1) A balloon released for scientific or meteorological purposes, on behalf of a governmental agency or pursuant to a governmental contract;  (2) A hot air balloon that is recovered after launching; or  (3) A balloon that is released and remains indoors.  History of Section.P.L. 2021, ch. 237,  1, effective November 1, 2021; P.L. 2021, ch. 240,  1, effective November 1, 2021. 
 23-96-2. Penalties.  Any person or entity who violates this section shall be subject to a civil penalty of one hundred dollars ($100) for a first offense and up to two hundred fifty dollars ($250) for a second or subsequent offense.  History of Section.P.L. 2021, ch. 240,  1, effective November 1, 2021; P.L. 2021, ch. 237,  1, effective November 1, 2021. 
 23-96-3. Regulations.  The department of environmental management shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter.  History of Section.P.L. 2021, ch. 240,  1, effective November 1, 2021; P.L. 2021, ch. 237,  1, effective November 1, 2021. 
 23-97-1. Short title. This act shall be known and may be cited as the Consumer Protection in Eye Care Act. History of Section.P.L. 2022, ch. 318,  1, effective June 29, 2022; P.L. 2022, ch. 319,  1, effective June 29, 2022. 
 23-97-2. Definitions. (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 providers 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.  History of Section.P.L. 2022, ch. 318,  1, effective June 29, 2022; P.L. 2022, ch. 319,  1, effective June 29, 2022. 
 23-97-3. Assessment mechanisms. An assessment mechanism to conduct an eye assessment or to generate a prescription for contact lenses or visual aid glasses in Rhode Island shall:  (1) Provide synchronous or asynchronous interaction between the patient and the provider;  (2) Collect the patients medical history, previous prescription for corrective eyewear, and length of time since the patients most recent in-person comprehensive eye health examination;  (3) Disclose to patients and require acceptance in advance as a term of use that:  (i) This assessment is not a replacement of an in-person comprehensive eye health examination;  (ii) This assessment cannot be used to generate an initial prescription for contact lenses or a follow-up or first renewal of the initial prescription;  (iii) This assessment may only be used if the patient has had an in-person comprehensive eye health examination within the previous twenty-four (24) months if the patient is conducting an eye assessment or receiving a prescription for visual aid glasses; and  (iv) The United States Centers for Disease Control and Prevention (CDC) advises contact lens wearers to visit an eye doctor one time a year or more often if needed.  History of Section.P.L. 2022, ch. 318,  1, effective June 29, 2022; P.L. 2022, ch. 319,  1, effective June 29, 2022. 
 23-97-4. Provider responsibilities. To use an assessment mechanism to conduct an eye assessment or to generate a prescription, a person shall be an actively licensed provider acting within their scope of practice, and the provider shall:  (1) Conform to the standard of eye health care expected of traditional in-person clinical settings as appropriate to the patients age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patients condition.  (2) Not use the data or information obtained from an eye assessment as the sole basis for issuing a prescription.  (3) Read and interpret the diagnostic information and data, including any photographs and scans, gathered by the assessment mechanism.  (4) Verify the identity of the patient requesting treatment via the assessment mechanism.  (5) Verify the patient is at least eighteen (18) years of age.  (6) For issuing prescriptions for visual aid glasses, verify that the patient has received an in-person comprehensive eye examination by a provider within the previous twenty-four (24) months.  (7) For issuing prescriptions for contact lenses, verify that the patient has received an in-person comprehensive eye health examination by a provider:  (i) For the initial prescription and one follow-up or first renewal of the initial prescription; or  (ii) Within twenty-four (24) months after the follow-up or first renewal of the initial prescription, and every twenty-four (24) months thereafter.  (8) Create and maintain a medical record for each patient, which is for use during the ongoing treatment of a patient, and complies with all state and federal laws regarding maintenance and accessibility.  (9) Provide a handwritten or electronic signature, along with their Rhode Island state license number, certifying their diagnosis, evaluation, treatment, prescription, or consultation recommendations of the patient.  History of Section.P.L. 2022, ch. 318,  1, effective June 29, 2022; P.L. 2022, ch. 319,  1, effective June 29, 2022. 
 23-97-5. Penalties. (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.  History of Section.P.L. 2022, ch. 318,  1, effective June 29, 2022; P.L. 2022, ch. 319,  1, effective June 29, 2022. 
 23-97-6. Rules and regulations. The department of health shall adopt and promulgate reasonable rules and regulations to carry out the provisions of this chapter.  History of Section.P.L. 2022, ch. 318,  1, effective June 29, 2022; P.L. 2022, ch. 319,  1, effective June 29, 2022. 
 23-97-7. Severability. If any provision of this chapter, or of any rule or regulation promulgated under this chapter, or the application of this chapter to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of this provision to other persons or circumstances, shall not be affected.  History of Section.P.L. 2022, ch. 318,  1, effective June 29, 2022; P.L. 2022, ch. 319,  1, effective June 29, 2022. 
 23-98-1. Short title. This chapter shall be known and may be cited as the Sexual Assault Evidence Kits Act.  History of Section.P.L. 2022, ch. 354,  1, effective June 29, 2022; P.L. 2022, ch. 355,  1, effective June 29, 2022. 
 23-98-2. Definitions. For purposes of this chapter: (1) Accredited laboratory means a DNA laboratory that is formally recognized and meets or exceeds a list of standards, including the Federal Bureau of Investigation (FBI) directors quality assurance standards, to perform specific tests, established by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic community in accordance with the provisions of the federal DNA Identification Act, 42 U.S.C.  14132, or other applicable law.  (2) Anonymous kit or unreported kit means a kit that is collected from a victim of sexual assault through a medical forensic examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law enforcement agency.  (3) Combined DNA Index System (CODIS) means the FBIs program of support for criminal justice DNA databases as well as the software used to run the databases.  (4) DNA analysis means the isolation of autosomal deoxyribonucleic acid (DNA) to develop DNA profiles that are eligible for entry into the Combined DNA Index System (CODIS), DNA samples taken from evidence containing DNA from a known individual or of unknown origin, the determination of the DNA test results, and entry of resulting DNA profiles into CODIS.  (5) Law enforcement agency means a local police department, the Rhode Island state police, the office of the attorney general, or a federal, state, or local governmental body that enforces criminal laws and maintains employees who have a statutory power of arrest.  (6) Medical forensic examination means an examination of a sexual assault patient by a healthcare provider, ideally one who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients. Such examination may include gathering information from the patient for the medical forensic history; an examination; coordinating treatment of injuries; documentation of biological and physical findings; collection of evidence from the patient; information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and follow-up as needed to provide additional healing, treatment, or collection of evidence.  (7) Newly collected kit means a kit that has been collected after time frames and requirements for testing kits were enacted.  (8) Previously untested sexual assault evidence kits means human biological specimen(s) collected by a healthcare provider during a forensic medical examination from the victim of a sexually-oriented criminal offense that has not been through DNA analysis and has been held untested by medical facilities, law enforcement agencies, or accredited laboratories.  (9) Sexual assault evidence kit or kit means a collection of human biological specimen(s) collected by a healthcare provider during a medical forensic examination from the victim of a sex offense.  (10) Status means the location, date, and time when the kit is transferred within the chain of custody.  History of Section.P.L. 2022, ch. 354,  1, effective June 29, 2022; P.L. 2022, ch. 355,  1, effective June 29, 2022. 
 23-98-3. Annual statewide inventory of sexual assault evidence kits. (a) Within one hundred eighty (180) days of June 29, 2022, and annually thereafter, all medical facilities, law enforcement agencies, crime laboratories, and any other facilities that receive, maintain, store, or preserve sexual assault evidence kits (kits) shall submit a report containing the following information to the department of health:  (1) The total number of all untested kits in possession of each medical facility, law enforcement agency, crime laboratory, and any other facility that receives, maintains, stores, or preserves kits;  (2) For each kit the facility shall provide:  (i) The category of the kit:  (A) Whether sexual assault was reported to law enforcement; or  (B) Whether the victim chose not to file a report with law enforcement.  (ii) The status of the kit:  (A) For kits of medical facilities: The date when the kit was reported to law enforcement, and the date when the kit was delivered to the state health laboratory;  (B) For kits of a law enforcement agency: The date the kit was picked up from a medical facility, the date when the kit was submitted to a crime laboratory, and for any kit not submitted to a crime lab, the reason the kit was not submitted;  (C) For kits belonging to another jurisdiction: The date that the jurisdiction was notified and the date the kit was picked up; and  (D) For kits in possession of crime laboratories: The date the kit was received from law enforcement and from which agency the kit was received; the date when the kit was tested; the date when the resulting information was entered into CODIS or other relevant state or local DNA databases, and the reasoning, if applicable, that a kit was not tested or a DNA profile was not created;  (3) The total number of kits in possession of the entity for more than thirty (30) days or beyond the statutory time frame for kit submission and testing; and  (4) The total number of kits destroyed and the reason for destruction.  (b) The department of health shall compile the data from the reports in a summary report. The summary report shall include a list of all agencies or facilities that failed to participate in the preparation of the report. The annual summary report shall be made publicly available on the department of healths website, and shall be submitted to the governor, the speaker of the house of representatives, the president of the senate, and the office of the attorney general.  (c) Within ninety (90) days of June 29, 2022, all previously untested kits in medical facilities or other facilities that collect kits shall be submitted to the appropriate law enforcement agency.  (d) Within one hundred eighty (180) days of June 29, 2022, each law enforcement agency shall submit all previously untested kits, including those sexual assaults past the statute of limitations, to the accredited public crime laboratory or laboratories.  (1) Anonymous or unreported kits are exempted from this section unless the victim files a report and consents to the testing of their kit.  (2) Anonymous and unreported kits shall be safely stored by the state health laboratory in a manner that preserves evidence for a duration of ten (10) years or the applicable statute of limitations, whichever is greater.  (3) Victims who do not file a report with law enforcement at the time the kit was collected shall not negate their right to report the crime and have the kit tested in the future.  (e) An accredited public crime laboratory shall test all previously untested sexual assault kits within ninety (90) days of receipt from the local law enforcement agency.  (f) Testing shall be pursued to develop autosomal DNA profiles that are eligible for entry into the Combined DNA Index System (CODIS) and local DNA databases.  (1) With the goal of generating a CODIS-eligible DNA profile, if a laboratory is unable to obtain an autosomal CODIS-eligible DNA profile, the laboratory should evaluate the case to determine if any other DNA-typing results could be used for investigative purposes.  (2) In cases where testing has resulted in a DNA profile, the laboratory shall enter the full profile into the Combined DNA Index System Database (CODIS) and local DNA databases. The average completion rate for this analysis and classification shall not exceed ninety (90) days.  (3) If an accredited public crime laboratory is unable to meet the deadline set forth in subsection (f)(2) of this section, the kits shall be outsourced for testing to an accredited private crime laboratory.  History of Section.P.L. 2022, ch. 354,  1, effective June 29, 2022; P.L. 2022, ch. 355,  1, effective June 29, 2022. 
 23-98-4. Mandatory submission and testing requirements for newly collected sexual assault evidence kits. (a) Medical facilities and all other facilities that conduct medical forensic examinations shall notify the appropriate law enforcement agency immediately, and no later than twenty-four (24) hours after the collection of a new sexual assault evidence kit.  (b) Hospitals and state laboratories shall work together to ensure reported kits are transferred from the hospital to the laboratory within ten (10) days of the kit being collected.  (1) Anonymous kits and unreported kits are exempted from this section unless the victim files a report and consents to the testing of their kit. Anonymous kits shall be safely stored by the state laboratory in a manner that preserves evidence for a duration of ten (10) years or the applicable statute of limitations, whichever is greater.  (2) Victims who do not file a report with law enforcement at the time the kit was collected shall not negate their right to report the crime and have their kit tested in the future.  (3) Kits associated with a reported crime that is uncharged or unsolved shall be preserved by the applicable law enforcement agency for fifty (50) years or the length of the applicable statute of limitations, whichever is greater.  (c) Law enforcement shall contact the department of health when a victim of sexual assault files a police complaint. At that point, the department of health shall begin the forensic analysis. An accredited public crime laboratory shall test all kits within thirty (30) days of receipt.  (1) Testing shall be pursued to develop autosomal DNA profiles that are eligible for entry into the Combined DNA Index System (CODIS) and local DNA databases, with the goal of generating a CODIS-eligible DNA profile. If a laboratory is unable to obtain an autosomal CODIS-eligible DNA profile, the laboratory shall evaluate the case to determine if any other DNA-typing results could be used for investigative purposes.  (2) In cases where testing has resulted in a DNA profile, the laboratory shall enter the full profile into the Combined DNA Index System Database (CODIS) and local DNA databases. The average completion rate for this analysis and classification shall not exceed ninety (90) days.  (3) If an accredited public crime laboratory is unable to meet the deadline specified in subsection (c)(2) of this section, untested kits shall be outsourced to an accredited private crime laboratory.  History of Section.P.L. 2022, ch. 354,  1, effective June 29, 2022; P.L. 2022, ch. 355,  1, effective June 29, 2022. 
 23-98-5. Victims rights to notice. (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 victims 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 victims 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 victims 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 generals 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.  History of Section.P.L. 2022, ch. 354,  1, effective June 29, 2022; P.L. 2022, ch. 355,  1, effective June 29, 2022.