reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-6. - Due process — Right to bring suit.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-7. - Confidentiality.

§ 23-6.3-7. Confidentiality.
(a)
It is unlawful for any person to disclose to a third-party the results of an individual’s 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 patient’s 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-8. - Protection of records.

§ 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 CDC’s 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-9. - Penalties and remedies.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-10. - Notification of disclosure.

§ 23-6.3-10. Notification of disclosure.
(a)
In all cases when an individual’s 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 provider’s 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 provider’s 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-11. - Discrimination prohibited.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-12. - Administrative relief.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-13. - HIV Counseling, Testing, Referral and Services Sites (HIV CTRS).

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-14. - Reporting and notification of HIV/AIDS.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-15. - Laboratory analyses and reporting.

§ 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 individual’s 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-17. - Rules and regulations.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-18. - Severability.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS › Section 23-6.3-19. - Construction of the chapter.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.4 - Life-Saving Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration › Section 23-6.4-1. - Definitions.

§ 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 person’s discretionary use of an epinephrine auto-injector.
History of Section.
P.L. 2014, ch. 514, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.4 - Life-Saving Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration › Section 23-6.4-2. - Prescribing to an authorized entity permitted.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.4 - Life-Saving Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration › Section 23-6.4-3. - Designated entities permitted to maintain supply.

§ 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-injector’s 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.4 - Life-Saving Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration › Section 23-6.4-4. - Use of epinephrine auto-injectors.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.4 - Life-Saving Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration › Section 23-6.4-5. - Expanded availability.

§ 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 provider’s professional practice.
History of Section.
P.L. 2014, ch. 514, § 1; P.L. 2016, ch. 512, art. 1, § 11.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.4 - Life-Saving Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration › Section 23-6.4-6. - Training.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.4 - Life-Saving Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration › Section 23-6.4-7. - Good Samaritan protections.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.4 - Life-Saving Allergy Medication — Stock Supply of Epinephrine Auto-Injectors — Emergency Administration › Section 23-6.4-8. - Reporting.

§ 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 entity’s 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.5 - Automated External Defibrillators Required at Public Places › Section 23-6.5-1. - Legislative findings.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.5 - Automated External Defibrillators Required at Public Places › Section 23-6.5-2. - Automated external defibrillators requirements.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-6.5 - Automated External Defibrillators Required at Public Places › Section 23-6.5-3. - Rules and regulations.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-2. - Declaration of policy.

§ 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 citizen’s action for home and yard relief.
History of Section.
P.L. 1978, ch. 108, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-3. - Board established.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-4. - Membership of board.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-5. - Vacancies, quorum and removal for cause.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-6. - Meetings.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-6.1. - Officers of the board.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-6.2. - Board training.

§ 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 board’s 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-6.3. - Reporting requirements.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-7. - Establishment of mosquito abatement districts and local councils.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-8. - Powers and duties of councils.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-9. - Right to appeal board decisions.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-10. - Notice to cease operation.

§ 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 board’s 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-11. - Annexation by district.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-12. - Dissolution of district.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-13. - Disconnection of territory from district.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-14. - Severability.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-15. - Emergency powers.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7 - Mosquito Abatement › Section 23-7-16. - Grants for mosquito abatement.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7.1 - Rodent Control and Eradication › Section 23-7.1-1. - Short title.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7.1 - Rodent Control and Eradication › Section 23-7.1-2. - Declaration of purpose.

§ 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.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-7.1 - Rodent Control and Eradication › Section 23-7.1-3. - Definitions.

§ 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.