2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.6. - Duties of the department of behavioral healthcare, developmental disabilities and hospitals.

§ 11-9-13.6. Duties of the department of behavioral healthcare, developmental disabilities and hospitals.
The department of behavioral healthcare, developmental disabilities and hospitals shall:
(1)
Coordinate and promote the enforcement of the provisions of this chapter and serve as the primary liaison from this department to other state or local agencies, departments, or divisions on issues pertaining to stopping individuals’ under twenty-one (21) years of age access to tobacco products, which include electronic nicotine-delivery system products.
(2)
Provide retail tobacco products dealers and electronic nicotine-delivery system products dealers signs concerning the prohibition of sales to individuals under twenty-one (21) years of age. The signs, conforming to the requirements of this chapter, shall be sold at cost. This sign, or an exact duplicate of it made privately, shall be displayed in all locations where tobacco products, including electronic nicotine-delivery system products, are sold.
(3)
Investigate concurrently with other state and local officials violations of this chapter.
(4)(i)
Utilize unannounced statewide compliance checks of tobacco product sales, including electronic nicotine-delivery system product sales; retail tobacco product over-the-counter sales, which include electronic nicotine-delivery system product over-the-counter sales; mail-order sales initiated via mail, facsimile, telephone, or internet ordering or other types of electronic communications; and tobacco product, including electronic nicotine-delivery system product vending machine sales, as part of investigating compliance with the provisions of this chapter. Underage individuals, acting as agents for the department of behavioral healthcare, developmental disabilities and hospitals and with the written permission of a parent or guardian for individuals under eighteen (18) years of age, may purchase, with impunity from prosecution, tobacco products, including electronic nicotine-delivery system products, for the purposes of law enforcement or government research involving monitoring compliance with this chapter, provided that the underage individuals are supervised by an adult law enforcement official. Any individual participating in an unannounced compliance check of over-the-counter or vending machine sales must state his or her accurate age if asked by the sales representative of the retail establishment being checked.
(ii)
In fulfilling the requirement of unannounced statewide compliance checks, the department of behavioral healthcare, developmental disabilities and hospitals shall maintain complete records of the unannounced compliance checks, detailing, at least, the date of the compliance check; the name and address of the retail establishment checked or the mail order company; the results of the compliance check (sale/no sale); whether the sale was made as an over-the-counter sale, a mail-order purchase or a tobacco product, including an electronic nicotine-delivery system product vending machine sale; and if a citation was issued for any violation found. The records shall be subject to public disclosure. Further, the department of behavioral healthcare, developmental disabilities and hospitals shall report to the owner of each retail establishment checked or mail-order company the results of any compliance check (sale/no sale) whether the sale was made as an over-the-counter sale, a mail-order purchase, or a tobacco and/or electronic nicotine-delivery system product vending machine sale, and if a citation was issued for any violation found.
(5)
Seek enforcement, concurrently with other state and local officials, of the penalties as detailed in this chapter.
(6)
Develop and disseminate community health education information and materials relating to this chapter.
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2000, ch. 210, § 1; P.L. 2001, ch. 391, § 1; P.L. 2014, ch. 182, § 1; P.L. 2014, ch. 223, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.