reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-48.2 - Professional Licensing and Regulation of Speech-Language Pathologists and Audiologists › Section 5-48.2-9. - Supervision and responsibility.

§ 5-48.2-9. Supervision and responsibility.
(a)(1)
A supervising professional must be a speech-language pathologist or audiologist who is licensed under the act and this chapter; has attained and maintained their certificate of clinical competency and who has been actively working in the field for twenty-four (24) months after completion of the postgraduate professional experience; and must be responsible for the acts and performances, patient screening, and specific tasks assigned by the licensee to the speech-language pathology assistant (SLPA)/audiometric aide or audiology assistant.
(2)
A licensee who supervises support personnel must:
(i)
Utilize the services of only those who meet the minimum requirements enumerated under this chapter;
(ii)
Ensure that the support personnel are assigned only those duties and responsibilities for which the person has been specifically trained and which the assistant is qualified to perform;
(iii)
Ensure that persons who will be receiving services from support personnel, or the person’s legal representative, are informed that services are being rendered by support personnel;
(iv)
Provide supervision of the support personnel (other than newborn hearing screeners and school hearing screeners); and
(v)
Complete a minimum of two (2) hours of professional development in clinical instruction/supervision.
(b)
A speech-language pathologist supervisor may only supervise one full-time equivalent speech-language pathology assistant (SLPA) support personnel and an audiologist supervisor may only supervise three (3) full-time equivalent audiometric aides or audiology assistants unless otherwise approved by the board.
(c)
Observations of support audiometric aides must be completed and documented as to date, amount of time, and accuracy and efficacy of service according to the following: Direct on-site observations of the first ten (10) hours of direct client contact; and five percent (5%) of all clinical sessions after the first ten (10) hours for every forty (40) consecutive hours worked; and indirect supervision (e.g., home, interactive television, audio/video review, or patient record review) of five percent (5%) of each forty (40) consecutive hours worked.
History of Section.
P.L. 2023, ch. 221, § 1, effective June 21, 2023; P.L. 2023, ch. 222, § 1, effective June 21, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-48.2 - Professional Licensing and Regulation of Speech-Language Pathologists and Audiologists › Section 5-48.2-10. - Supervision of support personnel — Newborn hearing screeners and school hearing screeners.

§ 5-48.2-10. Supervision of support personnel — Newborn hearing screeners and school hearing screeners.
(a)
Hospital-based newborn hearing screeners and school-based hearing screeners shall be trained by a licensed audiologist working in the newborn hearing or school screening program according to training guidelines established by the programs.
(b)
Supervision shall include a method of evaluation and documenting the competency of each screener upon completion of the initial training and at least annually thereafter by a licensed audiologist working in the newborn hearing or school screening program.
(c)
Observations of a speech-language pathology assistant (SLPA) pathology support personnel must be completed and documented as to date, amount of time, and accuracy and efficacy of service according to the following:
(1)
Direct on-site observations of the first ten (10) hours of direct client contact; and ten percent (10%) of clinical sessions after the first ten (10) hours of each forty (40) consecutive hours worked; and
(2)
Indirect supervision (e.g., phone, interactive television, audio/video review) of ten percent (10%) of each forty (40) consecutive hours worked.
(d)
Supervisors must observe all provisions of the ASHA policy regarding support personnel unless a specific policy is addressed in this chapter, including, but not limited to, that the licensee must maintain records that document the frequency and type of supervision of support personnel, such records to be available for audit upon request by the board.
History of Section.
P.L. 2023, ch. 221, § 1, effective June 21, 2023; P.L. 2023, ch. 222, § 1, effective June 21, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-48.2 - Professional Licensing and Regulation of Speech-Language Pathologists and Audiologists › Section 5-48.2-11. - Continuing education requirements.

§ 5-48.2-11. Continuing education requirements.
(a)
On or before the thirtieth day of June of even years, every person licensed to practice speech-language pathology and/or audiology within Rhode Island shall complete not less than twenty (20) clock hours of continuing education within the preceding two (2) years and be able to present satisfactory evidence of completion to the department.
(1)
Course descriptions, proof of attendance, or other documentation of completion shall be retained by the licensee for a minimum of four (4) years and is subject to random audit by the department.
(2)
Activities approved by the board for continuing education credit are those sponsored by the American Speech-Language-Hearing Association (ASHA), the American Academy of Audiology (AAA), a state department of education, other International Association for Continuing Education and Training (IACET)-authorized providers, and/or continuing medical education units (CMEs) from the Accreditation Council for Continuing Medical Education (ACCME). Approved activities may include conferences, seminars, self-study programs, courses, or workshops sponsored by the organizations noted above, or course work from an accredited institution.
(b)
Those persons holding licensure in both speech-language pathology and audiology must have completed and have evidence of completion of not less than thirty (30) clock hours of continuing education within the preceding two (2) years.
(c)
Continuing education hours may not be carried over from one renewal period to the next.
(d)(1)
Continuing education hours must be in accordance with the American Speech-Language-Hearing Association’s requirements including at least two (2) hours in cultural competency, cultural humility, culturally responsive practice or diversity, equity, and inclusion (DEI) and at least one hour in the area of ethics.
(2)
If the licensee is acting as a clinical supervisor, a minimum of two (2) hours of professional development in clinical instruction/supervision is required.
(e)
Speech-language pathologists or audiologists initially licensed by examination after the July 1 renewal date shall be exempt from the continuing education requirements stated in this section until the date of the next renewal cycle (i.e., June 30 of the second year following its issuance).
(f)
The board, at its discretion, may extend, reduce, or waive for a person the requirement for continuing education for hardship or other extenuating circumstances as the board deems appropriate.
History of Section.
P.L. 2023, ch. 221, § 1, effective June 21, 2023; P.L. 2023, ch. 222, § 1, effective June 21, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-48.2 - Professional Licensing and Regulation of Speech-Language Pathologists and Audiologists › Section 5-48.2-12. - Rules governing dispensing and/or selling of hearing aids.

§ 5-48.2-12. Rules governing dispensing and/or selling of hearing aids.
An audiologist who engages in the dispensing and/or selling of hearing aids shall comply with any and all federal and state laws and regulations governing the sale of hearing aids.
History of Section.
P.L. 2023, ch. 221, § 1, effective June 21, 2023; P.L. 2023, ch. 222, § 1, effective June 21, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-48.2 - Professional Licensing and Regulation of Speech-Language Pathologists and Audiologists › Section 5-48.2-13. - Rules governing practices and procedures.

§ 5-48.2-13. Rules governing practices and procedures.
All hearings and reviews required under the provisions of the act shall be held in accordance with the provisions of the rules and regulations regarding practices and procedures before the department of health.
History of Section.
P.L. 2023, ch. 221, § 1, effective June 21, 2023; P.L. 2023, ch. 222, § 1, effective June 21, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-1. - Definitions.

§ 5-49-1. Definitions.
As used in this chapter, except as the context may require:
(1)
“Audiologist” means an individual licensed to practice audiology by the department of health.
(2)
“Board” means the board of hearing aid dealers and fitters.
(3)
“Department” means the department of health.
(4)
“Hearing aid” means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing, and any parts, attachments, or accessories, including ear molds, but excluding batteries and cords.
(5)
“License” means a license issued by the state under this chapter to hearing aid dealers and fitters.
(6)
“Practice of fitting and dealing in hearing aids” means the evaluation and measurement of human hearing by means of an audiometer or by any other means solely for the purpose of making selections, adaptations, or sale of hearing aids, including ordering the use of hearing aids. The term also includes the making of impressions for ear molds. This term does not include the making of audiograms for a physician or a member of related professions for use in consultation with the hard of hearing.
(7)
“Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.
(8)
“Temporary permit” means a permit issued while the applicant is in training to become a licensed hearing aid dealer and fitter.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 1996, ch. 174, § 1; P.L. 2023, ch. 89, § 1, effective June 19, 2023; P.L. 2023, ch. 90, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-2. - License required to sell or fit hearing aids.

§ 5-49-2. License required to sell or fit hearing aids.
(a)
No person shall engage in the dispensing, selling, fitting, or ordering the use of hearing aids, or display a sign, or in any other way advertise or represent themself as a person who practices the fitting and sale of hearing aids after August 1, 1973, unless he or she holds an unsuspended, unrevoked license issued by the department as provided in this chapter.
(b)
The license shall be conspicuously posted in his or her office or place of business. Duplicate licenses shall be issued by the department to valid license holders operating more than one office without additional payment.
(c)
A license under this chapter shall confer upon the holder the right to order the use of, select, fit, and sell hearing aids.
(d)
Nothing in this chapter shall prohibit a corporation, partnership, trust, association, or other organization maintaining an established business address, from selling or offering for sale hearing aids at retail without a license; provided, that it employs only properly licensed natural persons in the direct sale, ordering the use, and fitting of those products.
(e)
Those corporations, partnerships, trusts, associations, or other organizations shall file annually with the board a list of all licensed hearing aid dealers and fitters directly or indirectly employed by it.
(f)
Those organizations shall also file with the board a statement, on a form approved by the board, that they submit themselves to the rules and regulations of the department and the provisions of this chapter which the department deems applicable to them.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 2023, ch. 89, § 1, effective June 19, 2023; P.L. 2023, ch. 90, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-2.1. - [Repealed.]

§ 5-49-2.1. [Repealed.]
History of Section.
P.L. 1978, ch. 177, § 1; repealed by P.L. 2023, ch. 89, § 2, effective June 19, 2023; repealed by P.L. 2023, ch. 90, § 2, effective June 19, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-2.2. - Records of transactions.

§ 5-49-2.2. Records of transactions.
(a)
Every person, firm, association, or corporation shall keep a permanent record of all sales or other transactions where a hearing aid instrument or hearing prosthetic device is made available.
(b)
[Deleted by P.L. 2023, ch. 89, § 1 and P.L. 2023, ch. 90, § 1.]
(c)
Each record of a transaction shall be retained for a period of three (3) years, and shall be kept open for inspection by any official designated by the director of the department of health.
History of Section.
P.L. 1978, ch. 177, § 1; P.L. 2023, ch. 89, § 1, effective June 19, 2023; P.L. 2023, ch. 90, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-2.3. - [Repealed.]

§ 5-49-2.3. [Repealed.]
History of Section.
P.L. 1978, ch. 177, § 1; repealed by P.L. 2023, ch. 89, § 2, effective June 19, 2023; repealed by P.L. 2023, ch. 90, § 2, effective June 19, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-4. - Persons and practices exempted.

§ 5-49-4. Persons and practices exempted.
(a)
This chapter is not intended to prevent any person from engaging in the practice of measuring human hearing for the purpose of selecting hearing aids; provided, that the person or organization employing that person does not sell hearing aids or hearing aid accessories except in the case of ear molds made by an audiologist to be used only for the purpose of evaluation.
(b)
This chapter does not apply to a person who is a physician licensed to practice in Rhode Island, and an audiologist; provided, that the physician does not engage in the sale of hearing aids.
History of Section.
P.L. 1973, ch. 243, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-6. - Issuance of licenses and certificates of endorsement.

§ 5-49-6. Issuance of licenses and certificates of endorsement.
(a)
The department shall register each applicant without discrimination who passes an examination as provided in § 5-49-7. Upon the applicant’s payment as set forth in § 23-1-54 per annum for each year of the term of license, the department shall issue to the applicant a license signed by the department. The total fee for the entire term of licensure shall be paid prior to the issuance of the license.
(b)
Whenever the board determines that another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter, and that this state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department may issue certificates of endorsement to applicants who hold current, unsuspended, and unrevoked certificates or licenses to fit and sell hearing aids in that other state or jurisdiction.
(c)
No applicant for certificate of endorsement shall be required to submit to or undergo a qualifying examination, etc., other than the payment of fees, as set forth in § 23-1-54.
(d)
The holder of a certificate of endorsement shall be registered in the same manner as a licensee. The fee for an initial certificate of endorsement shall be the same as the fee for an initial license. Fees, grounds for renewal, and procedures for the suspension and revocation of certificates of endorsement shall be the same as for renewal, suspension, and revocation of a license.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 1987, ch. 184, § 5; P.L. 2005, ch. 410, § 5; P.L. 2009, ch. 310, § 36; P.L. 2012, ch. 241, art. 9, § 20.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-7. - License by examination.

§ 5-49-7. License by examination.
(a)
Applicants who do not meet the experience qualification of former § 5-49-5 on July 1, 1973, may obtain a license by successfully passing a qualifying examination, provided the applicant:
(1)
Is at least twenty-one (21) years of age;
(2)
Is of good moral character;
(3)
Has an education equivalent to a four-year course in an accredited high school; and
(4)
Is free of contagious or infectious disease.
(b)
Applicants for license by examination shall appear at a time, place, and before any persons the department designates, to be examined by means of written and practical tests in order to demonstrate that he or she is qualified to practice the fitting and sale of hearing aids. The examination administered as directed by the board shall not be conducted in a manner that requires college training in order to pass. Nothing in this examination shall imply that the applicant possesses the degree of medical competence normally expected of physicians.
(c)
The department shall give examinations as required.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 1996, ch. 174, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-8. - Temporary permits.

§ 5-49-8. Temporary permits.
(a)
An applicant who fulfills the requirements regarding age, character, education, and health as provided in § 5-49-7, may obtain a temporary permit upon application to the department. Previous experience or a waiting period shall not be required to obtain a temporary permit.
(b)
Upon receiving an application as provided under this section, and accompanied by a fee as set forth in § 23-1-54, the department shall issue a temporary permit that entitles the applicant to engage in the fitting and sale of hearing aids for a period of one year.
(c)
A person holding a valid hearing aid dealer’s and fitter’s license is responsible for the supervision and training of that applicant and maintaining adequate personal contact. A person holding a valid audiologist license may be responsible for the supervision and training of the applicant if:
(1)
The audiologist has at least two (2) years of active clinical experience in dispensing and fitting hearing aids;
(2)
The audiologist provides to the department documentary evidence establishing that the audiologist has the requisite two (2) years of active clinical experience in dispensing and fitting hearing aids; and
(3)
The department provides the audiologist with written approval to supervise and train applicants.
(d)
If a person who holds a temporary permit under this section has not successfully passed the licensing examination within one year from the date of issuance of the permit, the temporary permit may be renewed or reissued once upon payment of a fee as set forth in § 23-1-54.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 2012, ch. 241, art. 9, § 20; P.L. 2023, ch. 89, § 1, effective June 19, 2023; P.L. 2023, ch. 90, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-9. - Scope of examination.

§ 5-49-9. Scope of examination.
The qualifying examination provided in § 5-49-7, “license by examination,” shall be designed to demonstrate the applicant’s adequate technical qualifications by:
(1)
Testing knowledge in the following areas as they pertain to the fitting and sale of hearing aids:
(i)
Basic physics of sound;
(ii)
The anatomy and physiology of the ear; and
(iii)
The function of hearing aids;
(2)
Testing practical proficiency in the following techniques as they pertain to the fitting of hearing aids:
(i)
Pure-tone audiometry, including air-conduction testing and bone-conduction testing;
(ii)
Live voice or recorded voice-speech audiometry, including speech-reception threshold testing and speech-discrimination testing;
(iii)
Masking when indicated;
(iv)
Recording and evaluating audiograms and speech audiometry to determine proper selection and adaptation of a hearing aid;
(v)
Taking ear mold impressions; and
(3)
Testing knowledge of the medical and rehabilitation facilities for children and adults in the area being served.
History of Section.
P.L. 1973, ch. 243, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-10. - Notice to department of place of business — Notice to holders of license.

§ 5-49-10. Notice to department of place of business — Notice to holders of license.
(a)
A person who holds a license shall notify the department, in writing, of the regular address of the place or places where he or she engages or intends to engage in the fitting or the sale of hearing aids.
(b)
The department shall keep a record of the place of business of licensees.
(c)
Any notice required to be given by the department to a person who holds a license shall be mailed to him or her, by certified mail, at the address of the last place of business that he or she has provided the department.
History of Section.
P.L. 1973, ch. 243, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-11. - Duration of license — Renewal of license — Fees — Effect of failure to renew.

§ 5-49-11. Duration of license — Renewal of license — Fees — Effect of failure to renew.
(a)
The department shall promulgate rules and regulations mandating the term of license for each category of license issued pursuant to this chapter. No license shall remain in force for a period in excess of two (2) years.
(1)
Each person who engages in the fitting and sale of hearing aids shall pay to the department a fee, as set forth in § 23-1-54, per annum for each year of the term of license, for a renewal of his or her license.
(2)
The renewal certificate shall be conspicuously posted in his or her office or place of business at all times.
(3)
Where more than one office is operated by the licensee, duplicate certificates shall be issued by the department for posting in each location.
(b)
A thirty-day (30) grace period shall be allowed during which time licenses may be renewed on payment of a fee to the department, as set forth in § 23-1-54, per annum for each year of the term of renewal.
(c)
After expiration of the grace period, the department may renew those certificates upon payment to the department of a fee, as set forth in § 23-1-54, per annum for each year of the term of renewal.
(d)
The total fee for the entire term of license or renewal shall be paid prior to the issuance of the license.
(e)
No person who applies for renewal, whose license has expired, shall be required to submit to any examination as a condition to renewal; provided, that the renewal application is made within two (2) years from the date of that expiration.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 1987, ch. 184, § 6; P.L. 1996, ch. 174, § 1; P.L. 2001, ch. 77, art. 14, § 20; P.L. 2012, ch. 241, art. 9, § 20.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-13. - Prohibited acts and practices.

§ 5-49-13. Prohibited acts and practices.
No person shall:
(1)
Sell, barter, or offer to sell or barter, a license;
(2)
Purchase or procure by barter a license with intent to use it as evidence of the holder’s qualifications to practice the fitting and sale of hearing aids;
(3)
Alter a license with fraudulent intent;
(4)
Use or attempt to use as a valid license a license that has been purchased, fraudulently obtained, counterfeited, or materially altered;
(5)
Willfully make a false statement in an application for license or application for renewal of a license.
History of Section.
P.L. 1973, ch. 243, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-14. - Powers and duties of department.

§ 5-49-14. Powers and duties of department.
The powers and duties of the department shall be as follows:
(1)
To authorize all disbursements necessary to carry out the provisions of this chapter;
(2)
To supervise issuance of licenses “by experience” and approve the preparation and administration of qualifying examinations to test the knowledge and proficiency of applicants licensed by examination;
(3)
To register persons who apply to the department and who are qualified to engage in the fitting and sale of hearing aids;
(4)
To purchase and maintain or rent audiometric equipment and other facilities necessary to carry out the examination of applicants as provided in § 5-49-7;
(5)
To issue and renew licenses;
(6)
To suspend or revoke licenses in the manner provided;
(7)
To designate the time and place for examining applicants;
(8)
To appoint representatives to conduct or supervise the examination;
(9)
To establish medical and technical knowledge and standards applicable to the field;
(10)
To appoint or employ subordinate employees;
(11)
To determine work experience and educational requirements;
(12)
To issue an annual report in conjunction with the board of hearing aid dealers and fitters on its activities;
(13)
To publish education and consumer material in conjunction with the board of hearing aid dealers and fitters as may assist the public in the appropriate use and purchase of hearing aids.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 1980, ch. 341, § 8.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-15. - Board — Creation — Composition — Appointment and terms.

§ 5-49-15. Board — Creation — Composition — Appointment and terms.
(a)
There is established a board of hearing aid dealers and fitters that guides, advises, and makes recommendations to the department.
(b)(1)
Members of the board shall be residents of the state.
(2)
The board shall consist of three (3) hearing aid dealers and fitters; one otolaryngologist; one audiologist; and one lay member who shall be a user of hearing aids and not employed in the practice of fitting and dealing in hearing aids.
(3)
Each hearing aid dealer and fitter on the board shall have no less than five (5) years’ experience and hold a valid license as a hearing aid dealer and fitter, as provided under this chapter.
(4)
Excepted shall be the hearing aid dealers and fitters of the first board appointed, who have no less than five (5) years of experience and fulfill all qualifications under § 5-49-7 as provided under this chapter.
(c)
All members of the board shall be appointed by the governor.
(d)
The term of office of each member shall be three (3) years; except that of the members of the first board appointed under this chapter, two (2) shall be appointed for two (2) years; two (2) shall be appointed for three (3) years; and two (2) shall be appointed for four (4) years.
(e)
Before a member’s term expires, the governor shall appoint a successor to assume his or her duties on the expiration of his or her predecessor’s term.
(f)
A vacancy in the office of a member shall be filled by appointment for the unexpired term.
(g)
The members of the board shall annually designate one member to serve as chair and another to serve as secretary-treasurer.
(h)
No member of the board who has served two (2) or more full terms may be reappointed to the board until at least one year after the expiration of his or her most recent full term of office.
(i)
Members of the board shall not be compensated for their services on the board.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 1996, ch. 174, § 1; P.L. 2005, ch. 117, art. 21, § 15.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-16. - Board — Duties.

§ 5-49-16. Board — Duties.
(a)
The board shall:
(1)
Advise the department in all matters relating to this chapter;
(2)
Prepare the examinations required by this chapter for the department; and
(3)
Assist the department in carrying out the provisions of this chapter.
(b)
The department shall be guided by the recommendations of the board in all matters relating to this chapter.
History of Section.
P.L. 1973, ch. 243, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-17. - Board — Meetings.

§ 5-49-17. Board — Meetings.
The board shall meet not less than six (6) times each year at a place, day, and hour determined by the board. The board shall also meet at any other times and places as requested by the department.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 1980, ch. 341, § 7.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-18. - Disposition of receipts — Hearing aid revenues.

§ 5-49-18. Disposition of receipts — Hearing aid revenues.
The department shall deposit, as general revenues into the state treasury, all moneys received by the department pursuant to this chapter.
History of Section.
P.L. 1973, ch. 243, § 1; P.L. 1995, ch. 370, art. 40, § 26.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-19. - Penalty for violations.

§ 5-49-19. Penalty for violations.
Violation of any provisions of this chapter shall be punishable, upon conviction, by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than ninety (90) days, or both.
History of Section.
P.L. 1973, ch. 243, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-20. - Severability.

§ 5-49-20. Severability.
(a)
If any section, sentence, clause, phrase, or word of this chapter is for any reason held or declared to be unconstitutional, inoperative, or void, that holding of invalidity shall not affect the remaining portions;
(b)
It shall be construed to have been the legislative intent to pass this chapter without that unconstitutional, invalid, or inoperative part; and
(c)
The remainder of this chapter, after the exclusion of that part or parts, shall be deemed and held to be valid as if those parts had not been included.
History of Section.
P.L. 1973, ch. 243, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-21. - Rules and regulations.

§ 5-49-21. Rules and regulations.
The department shall promulgate reasonable rules and regulations to carry out the purpose and intent of this chapter.
History of Section.
P.L. 1980, ch. 341, § 9.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-22. - [Repealed.]

§ 5-49-22. [Repealed.]
History of Section.
P.L. 1981, ch. 384, § 1; Repealed by P.L. 1982, ch. 414, § 17.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-49 - Hearing Aid Dealers and Fitters › Section 5-49-23. - Other rights and remedies.

§ 5-49-23. Other rights and remedies.
The rights and remedies provided to a purchaser by this chapter shall be in addition to and are not construed to abrogate or diminish any rights and remedies the purchaser may have under other laws, including, but not limited to, chapter 2 of title 6A, chapter 2.1 of title 6A, and chapter 45 of title 6.
History of Section.
P.L. 1997, ch. 149, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-1. - Definition of terms.

§ 5-50-1. Definition of terms.
Whenever used in this chapter:
(1)
“Business day” means any day except Sunday or a legal holiday.
(2)
“Buyer” or “purchaser” means a natural person who enters into a health club contract.
(3)
“Department” means the department of attorney general, unless otherwise described.
(4)
“Disability” means a condition that will exist for more than forty-five (45) days and prevents a buyer from utilizing the health club to the same extent the buyer did before the commencement of the condition.
(5)
“Health club” means any corporation, partnership, unincorporated association, or other business enterprise offering facilities for the preservation, maintenance, encouragement, or development of physical fitness or well-being in return for the payment of a fee entitling the payer to the use of the facilities. The term includes, but is not limited to, “health spas,” “health clubs,” “health studios,” “figure salons,” “sports clubs,” “aerobic dance studios,” “weight-control studios,” “gyms,” and anywhere exercise facilities are available; but does not include any nonprofit organization, any private club owned and operated by its members, or any facility owned or operated by the state of Rhode Island or any of its political subdivisions.
(6)
“Health club contract” means a written statement where a buyer is entitled to membership in a health club or use of the facilities of a health club for a period longer than seven (7) days.
(7)
“Seller” means any person, firm, corporation, partnership, unincorporated association, franchise, franchisor, or other business enterprise that operates a health club or offers or enters into contracts for health club services.
(8)
“Services actually received” includes any period during which the facilities of the health club are available to the buyer and are actually used by the buyer.
(9)
“Unopened facility” means a health club that is not fully constructed, open or available for use at the time the seller and buyer enter into a contract for health club services.
History of Section.
P.L. 1996, ch. 154, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-3. - Bonding.

§ 5-50-3. Bonding.
(a)
Prior to the execution of any contract for health club services, every seller that sells contracts for health club services shall, for each individual health club location or facility, obtain a surety bond in the amount of ten thousand dollars ($10,000) for a facility with less than ten thousand (10,000) square feet of permanently covered, non-court sport exercise/aerobic/fitness area; twenty thousand ($20,000) for facilities between ten thousand (10,000) square feet and twenty-five thousand (25,000) square feet of permanently covered, non-court sport exercise/aerobic/fitness area; and thirty thousand dollars ($30,000) for facilities with greater than twenty-five thousand (25,000) square feet of permanently covered, non-court sport exercise/aerobic/fitness area.
(b)
Proof of bonding must be presented at the time of registration or re-registration.
(c)
This section does not apply to:
(1)
Any owner/operator in continuous operation in the same location for five (5) years as of January 1, 1998;
(2)
Nonprofit organizations, weight loss and control services that do not provide physical exercise facilities and classes and that do not obligate the customer for more than thirty (30) days, and do not require an initiation fee as a condition of the contract; or
(3)
A seller that does not require an initiation fee as a condition of a health club contract and whose only type of membership does not exceed thirty (30) days and that posts a conspicuous notice, placed with or near its schedule of rates posted pursuant to § 5-50-8(b) or at its entrances, that the seller is not subject to the bonding requirements of this section.
History of Section.
P.L. 1996, ch. 154, § 1; P.L. 1997, ch. 331, § 1; P.L. 1998, ch. 437, § 1; P.L. 1999, ch. 354, § 15.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-5. - Duration of contracts.

§ 5-50-5. Duration of contracts.
(a)
No contract for health club services shall be for a term longer than twenty-four (24) months; except that upon expiration of the contract, the seller may offer the buyer the right to renew his or her contract for a similar, shorter or longer period not to exceed twenty-four (24) months.
(b)
No contract for health club services shall require payments or financing by the buyer over a period that extends more than one month beyond the expiration of the contract. The installment payments shall be in substantially equal amounts exclusive of the down payment and shall be required to be made at substantially equal intervals, not more frequently than one payment per month.
(c)
No contract for health club services may contain any provisions where the buyer agrees not to assert against the seller, or any assignee or transferee, of the health club services contract, any claim or defense arising out of the health club services contract or the buyer’s activities at the health club.
(d)
No contract for services may require the buyer to execute a promissory note or series of promissory notes that, when negotiated, cuts off as to third parties a defense that the buyer may have against the seller.
History of Section.
P.L. 1996, ch. 154, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-6. - Downgrading of membership.

§ 5-50-6. Downgrading of membership.
No buyer may be charged an additional fee for reducing a membership to a different and lesser grade of membership in the health club.
History of Section.
P.L. 1996, ch. 154, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-7. - Pre-opening sales — Permit and bond required — Facilities unopened — Under construction and planned.

§ 5-50-7. Pre-opening sales — Permit and bond required — Facilities unopened — Under construction and planned.
(a)
Any health club that is not fully operative or established and that conducts a pre-opening sales campaign must, before advertising or hold a pre-opening sales campaign, obtain a permit from the director of business regulation. The permit shall not be issued until a surety bond is posted in the amount stipulated in § 5-50-3.
(b)
Any person, firm, corporation, or other entity intending to offer health club services at a facility under construction or planned shall register as required by § 5-50-2 before opening for business, entering into any contracts, or accepting any fees and shall maintain a surety bond as required by § 5-50-3.
(c)(1)
A health club shall not enter into a contract with a buyer more than twelve (12) months prior to the intended opening of the health club.
(2)
A buyer shall be entitled to a full refund from an unopened seller as provided in § 5-50-4(d).
(3)
When the facility is substantially completed and fully operational and available for use, the seller shall mail or personally deliver to each buyer a written notice informing the buyer that:
(i)
The facility is available for inspection and use; and
(ii)
The buyer has fifteen (15) days after the date of the mailing of the notice to inspect the facility and determine whether it substantially conforms to the written contract, any written materials provided by the seller, or any advertisement by the seller.
(4)
If it is found that the facilities do not conform, the buyer may cancel by giving notice to the seller in person or by mail and the buyer shall receive a full refund.
(5)
If upon reasonable investigation the buyer ascertains that the promised facility was not open and available for use within sixty (60) days after the date promised, and no substantial work was performed to prepare the facility for opening for a period of more than thirty (30) days thereafter, the buyer may request a refund from the seller and the buyer shall receive a full refund.
(d)
The director of the department of business regulation may promulgate rules and regulations as may be necessary to carry out the provisions of this section.
History of Section.
P.L. 1966, ch. 154, § 1; P.L. 1999, ch. 354, § 15.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-8. - Truth in advertising — Posting of rates.

§ 5-50-8. Truth in advertising — Posting of rates.
(a)
It is unlawful for a seller, his or her agents, employees, or other representatives to misrepresent directly or indirectly in its advertising, promotional materials, or in any other manner:
(1)
The size, location(s), facilities, or equipment of the health club;
(2)
The nature, extent, and availability of the services, courses, programs, guidance, instruction, counseling, assistance, devices, or methods available at the health club;
(3)
The price structure, price discounts, sales, or offers of the health club.
(b)
Every health club must clearly post, within twenty-feet (20′) of the main entrance, a schedule of rates that advises buyers and potential buyers of the charges for the use of the health club facilities. The rates will include all renewal and new membership dues and fees.
History of Section.
P.L. 1996, ch. 154, § 1; P.L. 2000, ch. 514, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-9. - Remedies, injunctive relief, and civil penalties.

§ 5-50-9. Remedies, injunctive relief, and civil penalties.
(a)
Any buyer of a health club contract that is in material violation of this chapter has a right to cancel the contract and a right of action against the health club for recovery of triple the amount actually paid to the health club under the contract. In addition to any judgment awarded to the buyer, the court may allow reasonable attorney’s fees to be taxed as cost.
(b)
The superior court of this state has jurisdiction to prevent and restrain violations of this chapter. The court may issue appropriate decrees upon consent and stipulation by the parties. The court may also issue restraining orders. Under no circumstances is the state required to post bond in any action under this section.
(c)
The attorney general is authorized to apply to the superior court for an order temporarily or permanently restraining and enjoining any health club from operating in violation of any provision of this chapter. The attorney general may institute proceedings as provided in subsection (b).
(d)(1)
Any person may institute proceedings for injunctive relief, temporary or permanent, as provided in subsection (b), against threatened loss or damage by a violation of this chapter.
(2)
A preliminary injunction may be issued upon a showing that the danger of irreparable loss or damage is immediate and, within the court’s discretion, the execution of property bond against damages for an injunction improvidently granted.
(3)
If the court issues a permanent injunction, the plaintiff shall be awarded reasonable attorney’s fees, filing fees, and reasonable costs of the suit. Reasonable costs of the suit may include, but not be limited to, the expenses of discovery and document production.
(e)
In addition to the injunctive relief authorized by subsection (b), any person, firm, corporation, or other entity who or that violates this chapter may be liable for a civil penalty in a suit by the attorney general of this state of not more than one thousand dollars ($1,000) for each violation.
History of Section.
P.L. 1996, ch. 154, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-10. - Common-law rights preserved.

§ 5-50-10. Common-law rights preserved.
Nothing in this chapter shall be construed to nullify or impair any right that a buyer may have against a seller at common law, by statute, or otherwise. The provisions of this chapter shall not be exclusive and shall not relieve the seller, the assigns, or contracts from compliance with all other applicable provisions of law.
History of Section.
P.L. 1996, ch. 154, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-11. - Severability.

§ 5-50-11. Severability.
If any provisions of this chapter or any rule or regulation made pursuant to this chapter, or the application of this chapter to any person or circumstances, is held invalid by any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of such provision to other persons or circumstances shall not be affected by that invalidity. The invalidity of any section or sections or parts of any section of this chapter shall not affect the validity of the remainder of the chapter.
History of Section.
P.L. 1996, ch. 154, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-50 - Health Clubs › Section 5-50-12. - Defibrillators.

§ 5-50-12. Defibrillators.
(a)
Every health club registered with the department of attorney general pursuant to this chapter shall have at least one automated external defibrillator (AED) on the premises. The AED will at all times be deployed in a manner in which best provides accessibility to staff, members, and guests. At least one employee per shift must be properly trained by the American Heart Association or comparable state-recognized agency in cardiopulmonary resuscitation (CPR) and AED, and must be on duty during hours of operation.
(b)
Any facility that has a health club on premises that currently complies with all parts within this act shall be exempted from duplication.
(c)
A cause of action against a health club or its employees, in connection with the use or nonuse of an AED, shall not exist except in cases where the health club has failed to purchase an AED as required under this act and in cases of willful or wanton negligence.
(d)
A knowing or willful violation of this section by a health club may result in suspension or revocation of its registration.
(e)
Any health club that operates a facility on a key-pass basis with no attending employees at any time is exempt from the trained-employee-on-duty requirement set forth in subsection (a).
History of Section.
P.L. 2004, ch. 440, § 1; P.L. 2004, ch. 453, § 1; P.L. 2007, ch. 356, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-51 - Rhode Island State Board of Examiners of Landscape Architects › Section 5-51-3. - Use of title “landscape architect” restricted — Registration certificate requirement.

§ 5-51-3. Use of title “landscape architect” restricted — Registration certificate requirement.
No person, except as provided in § 5-51-12, may use the title “landscape architect” or display or use any words, letters, figures, title, signs, seal, advertisement, or other device to indicate that the person practices or offers to practice landscape architecture or may represent himself or herself as a practitioner of landscape architecture or engages in the practice of landscape architecture in this state, unless that person has first secured a certificate of registration as provided in this chapter.
History of Section.
P.L. 1975, ch. 183, § 1; P.L. 1999, ch. 354, § 16.