reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-60 - Athletic Trainers › Section 5-60-14. - Grounds for refusal or revocation of licenses.

§ 5-60-14. Grounds for refusal or revocation of licenses.
The board may refuse to issue a license to an applicant or may suspend, revoke, or refuse to renew the license of any licensee if he or she has:
(1)
Been convicted of a felony, the record of conviction being conclusive evidence of conviction if the department determines after investigation that the person has not been sufficiently rehabilitated to warrant the public trust;
(2)
Secured a license under this chapter by fraud or deceit; or
(3)
Violated or conspired to violate this chapter or rules or regulations issued pursuant to this chapter.
History of Section.
P.L. 1983, ch. 307, § 1; P.L. 2021, ch. 400, § 17, effective July 13, 2021; P.L. 2021, ch. 401, § 17, effective July 13, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-60 - Athletic Trainers › Section 5-60-15. - Appeals.

§ 5-60-15. Appeals.
An appeal from any decision or order of the board may be taken by any aggrieved party in the manner provided for in the administrative procedures act, chapter 35 of title 42.
History of Section.
P.L. 1984, ch. 69, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-60 - Athletic Trainers › Section 5-60-16. - [Repealed.]

§ 5-60-16. [Repealed.]
History of Section.
P.L. 1983, ch. 307, § 1; Repealed by P.L. 1984, ch. 69, § 2, effective May 3, 1984.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-60 - Athletic Trainers › Section 5-60-17. - Penalty for violations.

§ 5-60-17. Penalty for violations.
Any person who violates a provision of this chapter is guilty of a misdemeanor offense and upon conviction shall be punishable by a fine not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500).
History of Section.
P.L. 1983, ch. 307, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-60 - Athletic Trainers › Section 5-60-18. - Receipts.

§ 5-60-18. Receipts.
The proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited as general revenues.
History of Section.
P.L. 1989, ch. 126, art. 26, § 19; P.L. 1995, ch. 370, art. 40, § 31.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-60 - Athletic Trainers › Section 5-60-19. - Severability.

§ 5-60-19. Severability.
If any provision of this chapter, or the application of this chapter to any person or circumstances, is held invalid, that invalidity shall not affect other provisions or application of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1983, ch. 307, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-1. - “Telephone Sales Solicitation Act.”

§ 5-61-1. “Telephone Sales Solicitation Act.”
As used in this chapter, “telephone solicitation” means the engagement of a telephone conversation for the purpose of encouraging a person to purchase personal property, investment opportunities, goods or services, or for the purpose of gathering information for sales solicitation.
History of Section.
P.L. 1987, ch. 227, § 1; P.L. 1991, ch. 327, § 1; P.L. 1999, ch. 456, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-3. - Registration.

§ 5-61-3. Registration.
(a)
Not less than ten (10) days prior to doing business in this state, a telephone sales solicitation operation or telephonic seller shall register with the department by filing with the consumer protection unit of the department the information required by § 5-61-4 and a filing fee of one hundred dollars ($100). A seller is deemed to do business in this state if the seller solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state. The information required by § 5-61-4 shall be submitted on a form provided by the attorney general. The information shall be verified by a declaration signed by each principal of the telephone sales solicitation operation under penalty of perjury. The declaration shall specify the date and location of signing. Information submitted pursuant to § 5-61-4(10) or (11) shall be clearly identified and appended to the filing.
(b)
Registration of a telephone sales solicitation business shall be valid for one year from its effective date and may be annually renewed by making the filing required by § 5-61-4 and paying a filing fee of one hundred dollars ($100), which shall be deposited into the general fund as general revenue.
(c)
Whenever, prior to expiration of a seller’s annual registration, there is a material change in the information required by § 5-61-4, the seller, within ten (10) days, shall file an addendum updating the information with the consumer protection unit of the department. Changes in salespersons soliciting on behalf of the seller shall be updated by addendums filed, if necessary, in quarterly intervals computed from the effective date of registration.
(d)
Upon receipt of a filing and filing fee pursuant to subsection (a) or (b) of this section, the department shall send the telephonic seller a written confirmation of receipt of the filing no later than ten (10) business days. If the seller has more than one business location, the written confirmation shall be sent to the principal business location identified in the seller’s filing and the seller may make copies so that the seller has one for each business location. The seller shall post the confirmation of receipt of filing, within ten (10) days of receipt, in a conspicuous place at each of the seller’s business locations. The seller shall not commence any telephone solicitations until the time that the written confirmation is received.
(e)
The consumer protection unit of the department of attorney general may delay, reject, or revoke a registration upon review of the information contained in the filing of the registration form, or as a result of information relating to the conduct of the business operation.
History of Section.
P.L. 1987, ch. 227, § 1; P.L. 1991, ch. 327, § 1; P.L. 1998, ch. 14, § 8.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-3.1. - Security.

§ 5-61-3.1. Security.
(a)
Each telephonic seller, pursuant to the provisions of this chapter, shall deliver and file with the consumer protection unit of the department before a confirmation of registration shall be issued or re-issued:
(1)
A surety bond, written by a company recognized and approved by the commissioner of insurance within the department of business regulation and approved by that department with respect to its form, manner of execution, and sufficiency in due form to the state of Rhode Island; or
(2)
An irrevocable letter of credit issued for the benefit of the telephonic seller by a bank whose deposits are insured by an agency of the federal government; or
(3)
A certificate of deposit in a financial institution insured by an agency of the federal government that may be withdrawn only on the order of the department, except that the interest may accrue to the telephonic seller.
(b)
The amount of bond, letter of credit, or certificate of deposit must be a minimum of thirty thousand dollars ($30,000). The department may, at its discretion, establish a bond of greater amount to ensure the general welfare of the public.
(c)
The security set forth in subsection (a) of this section shall be limited to indemnify the purchaser only for actual damages. This security shall neither limit nor impair any right of recovery otherwise available pursuant to law, nor shall the amount of security be relevant in determining the amount of damage or other relief to which any purchaser shall be entitled. The security shall be accessible only after all other legal remedies have been exhausted. In the event the security is exhausted, the telephonic seller shall immediately notify the department, which shall cause any public notice that it deems appropriate to be given immediately.
History of Section.
P.L. 1999, ch. 456, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-3.3. - General disclosures.

§ 5-61-3.3. General disclosures.
(a)
Within the first thirty (30) seconds of a telephone call, a telephonic seller or salesperson shall identify herself or himself by stating her or his true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold.
(b)
If a sale or an agreement to purchase is completed, the telephonic seller must inform the purchaser of her or his cancellation rights as provided in this chapter; state the registration number issued by the department for both the telephonic seller and the salesperson; and give the street address of the telephonic seller.
(c)
All oral disclosures required by this section shall be made in a clear and intelligible manner.
History of Section.
P.L. 1999, ch. 456, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-3.4. - Use of prerecorded or synthesized voice messages.

§ 5-61-3.4. Use of prerecorded or synthesized voice messages.
(a)
A telephonic seller shall not use or connect to a telephone line an automatic-dialing-announcing device unless: (1) The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or (2) The message is immediately preceded by a live operator who obtains the subscriber’s consent before the message is delivered.
(b)
This section does not apply to:
(1)
Recorded messages from school districts to students, parents, or employees; or
(2)
Messages advising employees of work schedules.
(c)
Whenever the message is preceded by a live operator, the operator must, at the outset of the message, disclose:
(1)
The name of the business, firm, organization, association, partnership, or entity for which the message is being made;
(2)
The purpose of the message;
(3)
The identity or kinds of goods or services the message is promoting; and
(4)
If applicable, the fact that the message intends to solicit payment or commitment of funds.
(d)
A telephonic seller shall not use an automatic-dialing-announcing device to make calls into or within this state, unless the device is designed and operated so as to create a disconnect signal or an on-hook condition that allows the subscriber’s line to be released within five (5) seconds after termination of the telephone call by the subscriber.
History of Section.
P.L. 1999, ch. 456, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-3.5. - Do not call lists.

§ 5-61-3.5. Do not call lists.
(a)
No salesperson or telephonic seller shall make, or cause to be made, any unsolicited telephonic sales calls to any residential, mobile, or telephonic-paging-device telephone number unless the salesperson or telephonic seller has instituted procedures for maintaining a list of persons who do not wish to receive telephonic sales calls made by or on behalf of that person, in compliance with 47 C.F.R. Part 64 or 16 C.F.R. Part 310. Additionally, no person or entity conducting business in this state shall transmit, or cause to be transmitted, a text message advertisement to a cellular telephone or pager equipped with short message capability or any similar capability allowing the transmission of text messages. A text message advertisement is a message, the principal purpose of which is to promote the sale of goods or services to the recipient, consisting of advertising material for the lease, sale, rental, gift, offer, or disposition of realty, goods, services, or extension of credit.
(1)
This section shall apply when a text message advertisement is transmitted to a telephone number assigned for a cellular telephone or pager service to a Rhode Island resident.
(2)
This section shall not apply to text messages transmitted at the direction of a person or entity offering cellular telephone or pager service if the subscriber is offered an option not to receive those text messages.
(3)
This section shall not apply to text messages transmitted by a business that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business.
(4)
This section shall not apply to text messages transmitted by an affiliate of a business that has an existing relationship with the subscriber, but only if the subscriber has provided consent to the business with which he or she has the relationship to receive text messages from affiliates of that business. “Affiliate” means any company that controls, is controlled by, or is under the common control with, another company.
(5)
This section shall not impose an obligation on a person or entity offering cellular or pager service to control the transmission of a text message unless the message is transmitted at the direction of that person or entity.
(b)
Any person who violates any provision of this section is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than five hundred dollars ($500) per violation.
History of Section.
P.L. 1999, ch. 456, § 2; P.L. 2003, ch. 98, § 1; P.L. 2003, ch. 216, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-3.6. - Hours of operation.

§ 5-61-3.6. Hours of operation.
(a)
No salesperson or telephonic seller shall make or cause to be made any unsolicited telephonic sales calls to any residential, mobile, or telephonic-paging-device telephone number except during hours of operation, as defined in § 5-61-2(2).
(b)
Any person who violates any provision of this section is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than five hundred dollars ($500) per violation.
History of Section.
P.L. 1999, ch. 456, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-5. - Criminal penalties.

§ 5-61-5. Criminal penalties.
Any person including, but not limited to, the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates any provision of this chapter or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any telephonic seller, or who willfully, directly, or indirectly, engages in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person in connection with a sale by any telephonic seller, upon conviction, shall be punished as follows:
(1)
By a fine not exceeding ten thousand dollars ($10,000) for each unlawful transaction;
(2)
By imprisonment in the state prison for not more than one year; or
(3)
By both fine and imprisonment specified in subsections (1) and (2).
History of Section.
P.L. 1987, ch. 227, § 1; P.L. 1999, ch. 456, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-5.1. - Remedies — Injunctive relief — Civil penalties.

§ 5-61-5.1. Remedies — Injunctive relief — Civil penalties.
(a)
Any purchaser may have a right of action against a telephonic seller who is in material violation of this chapter. The purchaser may recover triple the amount actually paid to the telephonic seller. In addition to any judgment awarded to the purchaser, the court may allow reasonable attorney’s fees to be taxed as cost.
(b)
The superior court of this state shall have 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 shall the state be required to post bond in any action under this section.
(c)
The department may institute proceedings to prevent and restrain violations of this chapter, as provided in subsection (b).
(d)
The department may bring an action to obtain a declaratory judgment that an act or practice violates the provisions of this chapter.
(e)
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. 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 a property bond against damages for an injunction improvidently granted. 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.
(f)
In any action brought under this section, the court may make appropriate orders, including appointment of a master or receiver or sequestration of assets, to reimburse purchasers found to have been damaged; to carry out a transaction in accordance with the purchaser’s reasonable expectations; or to grant other appropriate relief. The court may assess expenses of a master or receiver against a telephonic seller.
(g)
In addition to injunctive relief authorized pursuant to subsection (b), any person, firm, corporation, or other entity who violates this chapter may be liable for a civil penalty in a suit by the department of not more than ten thousand dollars ($10,000) for each violation. The department or the court may waive any civil penalty or other fines or costs if the person has previously made full restitution or reimbursement or has paid actual damages to the purchasers who have been injured by the unlawful act or practice.
History of Section.
P.L. 1999, ch. 456, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-61 - Telephone Sales Solicitation Act › Section 5-61-6. - Severability.

§ 5-61-6. Severability.
If any provision of this chapter or any rule or regulation made under this chapter, or the application of this chapter to any person or circumstance is held invalid by any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the provision to other persons or circumstances shall not be affected. 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. 1987, ch. 227, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-3. - Public display, publication, and reproduction of works of fine art.

§ 5-62-3. Public display, publication, and reproduction of works of fine art.
Except as limited by § 5-62-5, no person other than the artist, or a person acting with the artist’s consent, shall knowingly display in a public exhibition a work of fine art of that artist or shall publish a reproduction of a work of the artist in an altered, defaced, mutilated, or modified form, if the work is displayed, published, or reproduced as being the work of the artist, or under circumstances under which it would reasonably be regarded as being the work of the artist.
History of Section.
P.L. 1987, ch. 566, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-4. - Artists’ authorship rights.

§ 5-62-4. Artists’ authorship rights.
(a)
Except as limited by § 5-62-5, the artist shall retain at all times the right to claim authorship, or, for just and valid reason, to disclaim authorship of his or her work of fine art. The right to claim authorship shall include the right of the artist to have his or her name appear on, or in connection with, the work of fine art as the artist. Just and valid reason for disclaiming authorship shall include that the work of fine art has been altered, defaced, mutilated, or modified other than by the artist, without the artist’s consent, and damage to the artist’s reputation is reasonably likely to result or has resulted from this.
(b)
The rights created by this section shall exist in addition to any other rights and duties that may now or in the future be applicable.
History of Section.
P.L. 1987, ch. 566, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-5. - Limitations of applicability.

§ 5-62-5. Limitations of applicability.
(a)
Alteration, defacement, mutilation, or modification of a work of fine art resulting from the passage of time or the inherent nature of the materials will not by itself create a violation of § 5-62-3 or a right to disclaim authorship under § 5-62-4(a); provided, that the alteration, defacement, mutilation, or modification was not the result of gross negligence in maintaining or protecting the work of fine art.
(b)
In the case of a reproduction, a change that is an ordinary result of the medium of reproduction does not by itself create a violation of § 5-62-3 or a right to disclaim authorship under § 5-62-4(a).
(c)
Conservation does not constitute an alteration, defacement, mutilation, or modification within the meaning of this chapter unless the conservation work is shown to be negligent.
(d)
This chapter does not apply to work prepared under contract for advertising or trade use unless the contract provides.
(e)
The provisions of this chapter apply only to works of fine art knowingly displayed in a place accessible to the public, published, or reproduced in this state.
History of Section.
P.L. 1987, ch. 566, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-6. - Relief.

§ 5-62-6. Relief.
(a)
An artist aggrieved under § 5-62-3 or § 5-62-4 has a cause of action for legal and injunctive relief.
(b)
No action may be maintained to enforce any liability under this chapter unless brought within three (3) years of the act complained of or one year after the constructive discovery of the act, whichever is longer.
History of Section.
P.L. 1987, ch. 566, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-8. - Exemption from seizure.

§ 5-62-8. Exemption from seizure.
No process of attachment, execution, sequestration, replevin, distress, or any kind of seizure shall be served or levied upon any work of fine art while the work is en route to or from, or while on exhibition or deposited by a nonresident exhibitor at any exhibition held under the auspices or supervision of any museum, college, university, or other nonprofit art gallery, institution, or organization within any city or county of this state for any cultural, educational, charitable, or other purpose not conducted for profit to the exhibitor, nor shall the work of fine art be subject to attachment, seizure, levy, or sale for any cause whatever in the hands of the authorities of the exhibition or otherwise.
History of Section.
P.L. 2000, ch. 429, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-9. - Express warranties.

§ 5-62-9. Express warranties.
Notwithstanding any provision of any other law to the contrary:
(1)
Whenever an art merchant, in selling or exchanging a work of fine art, furnishes a certificate of authenticity or any similar written instrument to a buyer of the work who is not an art merchant, it:
(i)
Shall be presumed to be part of the basis of the bargain; and
(ii)
Creates an express warranty for the material facts stated as of the date of the sale or exchange.
(2)
Except as provided in subsection (4) of this section, the warranty shall not be negated or limited, provided that in construing the degree of warranty, due regard shall be given to the terminology used and the meaning accorded to the terminology by the customs and usage of the trade at the time and in the locality where the sale or exchange took place.
(3)
Language used in a certificate of authenticity, or similar written instrument, stating that:
(i)
The work is by a named author or has a named authorship, without any limiting words, means unequivocally that the work is by the named author or has the named authorship;
(ii)
The work is “attributed to a named author” means a work of the period of the author, attributed to him or her, but not with certainty by him or her; or
(iii)
The work is of the “school of a named author” means a work of the period of the author, by a pupil or close follower of the author, but not by the author.
(4)(i)
An express warranty and disclaimers intended to negate or limit a warranty shall be construed, wherever reasonable, as consistent with each other, but subject to the provisions of the Uniform Commercial Code, § 6A-2-202, on parole or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.
(ii)
A negation or limitation is deemed unreasonable if:
(A)
The disclaimer is not conspicuous, written, and apart from the warranty, in words that clearly and specifically apprise the buyer that the seller assumes no risk, liability, or responsibility for the material facts stated concerning the work of fine art. Words of general disclaimer are not sufficient to negate or limit an express warranty; or
(B)
The work of fine art is proved to be a counterfeit and this was not clearly indicated in the description of the work; or
(C)
The information provided is proved to be, as of the date of sale or exchange, false, mistaken, or erroneous.
History of Section.
P.L. 2000, ch. 429, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-10. - Falsifying certificates of authenticity or any similar written instrument.

§ 5-62-10. Falsifying certificates of authenticity or any similar written instrument.
A person who, with intent to defraud, deceive, or injure another, makes, utters, or issues a certificate of authenticity, or any similar written instrument for a work of fine art attesting to material facts that the work does not in fact possess, is guilty of a misdemeanor.
History of Section.
P.L. 2000, ch. 429, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-11. - Express warranties for multiples.

§ 5-62-11. Express warranties for multiples.
(a)
When an art merchant furnishes the name of the artist of a multiple, or otherwise furnishes information required by this chapter for any time period as to transactions including offers, sales, or consignments, the provisions of § 5-62-9 shall apply, except that the section shall be deemed to include sales to art merchants. The existence of a reasonable basis in fact for information warranted shall not be a defense in an action to enforce the warranty, except in the case of photographs produced prior to nineteen hundred fifty (1950), and multiples produced prior to nineteen hundred (1900).
(b)
The provisions of § 5-62-9(4) shall apply when an art merchant disclaims knowledge as to a multiple about which information is required by this chapter; provided, that in addition, the disclaimer shall be ineffective unless clearly, specifically, and categorically stated as to each item of information and contained in the physical context of other language setting forth the required information as to a specific multiple.
History of Section.
P.L. 2000, ch. 429, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-62 - Works of Art — Artists’ Rights › Section 5-62-12. - Construction.

§ 5-62-12. Construction.
(a)
The rights and liabilities created by this chapter shall be construed to be in addition to and not in substitution, exclusion, or displacement of, other rights and liabilities provided by law, including the law of principal and agent, except where the construction would, as a matter of law, be unreasonable.
(b)
No art merchant who, as buyer, is excluded from obtaining the benefits of an express warranty under this chapter, shall be deprived of the benefits of any other provision of law by that exclusion.
History of Section.
P.L. 2000, ch. 429, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.1 - Reporting of Sexual Misconduct by Mental Health Professionals › Section 5-63.1-2. - Reports of sexual contact.

§ 5-63.1-2. Reports of sexual contact.
(a)
If a mental health professional has reasonable cause to suspect that a patient he or she has seen in the course of professional duties is a victim of sexual contact by another mental health professional, or a person who holds himself or herself out to be a mental health professional, as soon thereafter as practicable, the mental health professional shall ask the patient if he or she wants to make a report or wants the mental health professional to make a report under this section. If the patient wants the mental health professional to make the report, the patient shall provide the mental health professional with written consent to report.
(b)
Within thirty (30) days after a patient consents under subsection (a) to a report, the mental health professional shall report the suspected activity to:
(1)
The professional’s board of licensing, certification, registration, or equivalent oversight authority, if the reporter believes the subject of the report is licensed or certified by the state;
(2)
In the case of state employees, to the governing agency of the state employee; or
(3)
The attorney general’s office if subsections (b)(1) and (b)(2) are not applicable.
(c)
A report under this section shall contain only information that is necessary to identify the reporter and subject and to express the suspicion that sexual contact has occurred.
(d)
Any person required to make a written report under this section who fails to do so shall be punished by a fine of not more than five hundred dollars ($500) and shall be subject to discipline by the appropriate licensing board of registration or equivalent oversight authority. Unlicensed mental health professionals shall be referred to the attorney general’s office.
(e)
The attorney general shall establish, within the office’s budget, a restricted-receipts account for the limited purpose of receiving and retaining the fines assessed under the provisions of this chapter. These funds shall be retained in the restricted-receipts account to be used exclusively for programs established by the state and any subdivisions of the state, or established by any municipality, for the purpose of assisting victims of sexual misconduct that is perpetrated by mental health professionals.
History of Section.
P.L. 1994, ch. 355, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.1 - Reporting of Sexual Misconduct by Mental Health Professionals › Section 5-63.1-3. - Immunity from liability.

§ 5-63.1-3. Immunity from liability.
Any person or institution participating in good faith in the making of a report under this chapter shall be immune from any civil or criminal liability that results by reason of any action taken. For the purpose of any civil or criminal action or proceeding, any person reporting under this section shall be presumed to be acting in good faith. The immunity provided under this section shall not apply to liability resulting from sexual contact by a mental health professional with a patient or former patient. In any civil action against a sexual contact reporter or victim arising out of a report, if the plaintiff does not prevail in the action, the court may award the reasonable costs and attorney’s fees incurred by the defendant in defending the action.
History of Section.
P.L. 1994, ch. 355, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.1 - Reporting of Sexual Misconduct by Mental Health Professionals › Section 5-63.1-4. - Confidentiality of reports.

§ 5-63.1-4. Confidentiality of reports.
(a)
Reports and records may be disclosed only to appropriate staff of a regulatory or a law enforcement agency within this state for the purposes of investigation or prosecution.
(b)
The attorney general’s office and the professional licensing or certifying board within this state may exchange information from a report or record on the same subject.
(c)
Whoever intentionally violates this section, or permits or encourages the unauthorized dissemination or use of information contained in reports and records made under this section, is guilty of a misdemeanor and shall be subject to a fine of up to one thousand dollars ($1,000).
History of Section.
P.L. 1994, ch. 355, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-1. - Statement of policy.

§ 5-63.2-1. Statement of policy.
The state of Rhode Island has an interest in regulating the private practice of mental health counseling and marriage and family therapy in order to protect the public health, safety, and welfare.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-3. - Board of mental health counselors and marriage and family therapists.

§ 5-63.2-3. Board of mental health counselors and marriage and family therapists.
Within the division of professional regulation in the state department of health, there is a board of mental health counselors and marriage and family therapists consisting of nine (9) members.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-4. - Composition of board — Appointment and terms of members.

§ 5-63.2-4. Composition of board — Appointment and terms of members.
The director of the department of health, with the approval of the governor, shall appoint nine (9) electors as members of the board. Three (3) shall be clinical mental health counselors, at least two (2) of whom shall meet the qualifications of § 5-63.2-9(b) and have at least five (5) years of private practice experience in mental health counseling; three (3) shall be marriage and family therapists, who shall be clinical marriage and family therapists who meet the qualifications of § 5-63.2-10(b) and have at least five (5) years of private practice experience in marriage and family therapy; three (3) shall be members of the public. Commencing September 1996, the director of the department of health shall appoint one clinical mental health counselor for one year; one clinical mental health counselor for two (2) years; one clinical mental health counselor for three (3) years; one marriage and family therapist for one year; one marriage and family therapist for two (2) years; one marriage and family therapist for three (3) years; one public member for two (2) years; and two (2) public members for three (3) years. After this, all terms of appointments shall be for three (3) years. In no instance shall a person serve more than six (6) consecutive years on the board.
History of Section.
P.L. 1996, ch. 85, § 2; P.L. 2022, ch. 167, § 1, effective June 27, 2022; P.L. 2022, ch. 168, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-5. - Organization and meetings of board.

§ 5-63.2-5. Organization and meetings of board.
The board shall organize immediately after the appointment and qualification of its members. The board shall annually elect a chairperson and secretary. Meetings may be called by the chairperson or the director of the department of health or by written request of four (4) members of the board. Five (5) members of the board shall constitute a quorum; provided, that a clinical mental health counselor and a marriage and family therapist must be present. The board shall meet as often as necessary.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-6. - General powers of board.

§ 5-63.2-6. General powers of board.
The board is authorized to recommend to the director of the department of health, for his or her approval, the adoption, and from time to time, the revision of the rules and regulations not inconsistent with law that may be necessary to enable it to carry into effect the provisions of this chapter. The board shall recommend for licensure at least twice a year. It shall determine the tests that applicants for licensure take. The division of professional regulation shall adopt policies to be followed in the examination, licensure, and renewal of licenses of qualified applicants. The board shall conduct hearings upon charges calling for the discipline of a licensed clinical mental health counselor or licensed marriage and family therapist or for revocation of a license. The administrator of professional regulation has the power to issue subpoenas and compel the attendance of witnesses and administer oaths to persons giving testimony at hearings. The board or the director of the department of health shall cause the prosecution of all persons violating this chapter and has the power to incur the necessary expenses for the prosecution. The board shall make provisions for continuing educational requirements for licensure. The board shall keep a record of all its proceedings.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-7. - Reimbursement of board members.

§ 5-63.2-7. Reimbursement of board members.
Members of the board shall serve without compensation.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-8. - Register of mental health counselors and marriage and family therapists — Records — Issuance of licenses.

§ 5-63.2-8. Register of mental health counselors and marriage and family therapists — Records — Issuance of licenses.
The administrator of professional regulation of the department of health shall maintain a register of all clinical mental health counselors and marriage and family therapists licensed under this chapter which shall be open at all reasonable times to public inspection. The administrator shall be the custodian of all records pertaining to the licensure of clinical mental health counselors and marriage and family therapists. He or she shall issue licenses only upon the recommendation of the board.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-11. - Prohibited acts.

§ 5-63.2-11. Prohibited acts.
Except as specifically provided in this chapter no person who is not licensed under this chapter shall:
(1)
Advertise the performance of marriage and family therapy or mental health counseling services by him or her; or
(2)
Use a title or description such as “marital or marriage therapist, counselor, advisor or consultant,” “marital or marriage and family therapist, counselor advisor, or consultant,” “mental health advisor or consultant,” or any other name, style, or description denoting that the person is a marriage and family therapist or mental health counselor; or
(3)
Practice marriage and family therapy; or
(4)
Practice mental health counseling.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-12. - Exemptions.

§ 5-63.2-12. Exemptions.
(a)
No provision of this chapter shall be construed to limit the practice of medicine, osteopathy, psychology, clinical social work, psychiatric nursing, or other recognized business or profession, or to prevent qualified members of other professions from doing work of a nature consistent with their training so long as they do not hold themselves out to the public as a licensed counselor and family practice.
(b)
No person shall be required to be licensed under this chapter who:
(1)
Is a salaried employee of a government agency or of a developmental services program or of a mental-health, alcohol, or drug abuse facility operating pursuant to chapter 24 of title 40.1, or who is an employee of an accredited academic institution or research institution, if the employee is performing duties for which he or she was hired solely within the confines of the agency, facility, or institution;
(2)
Is a student who is pursuing a course of study that leads to a degree in medicine or a profession regulated by this chapter who is providing services in a training setting; provided, that the activities or services constitute part of a supervised course of study, or is a graduate accumulating the experience required for any licensure under this chapter; provided, that the graduate or student is designated by a title, such as “intern” or “trainee,” that clearly indicates the in-training status of the student;
(3)
Is certified in school psychology by the department of elementary and secondary education and is performing psychological services as an employee of a public or private educational institution;
(4)
Is a rabbi, priest, minister, or member of the clergy of any religious denomination or sect when engaging in activities that are within the scope of the performance of his or her regular or specialized ministerial duties and for which no separate charge is made, or when the activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally recognized church, denomination, or sect, and when the person rendering service remains accountable to the established authority.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-13. - Licensure application.

§ 5-63.2-13. Licensure application.
(a)
Each person desiring to obtain a license as a practicing marriage and family therapist or clinical mental health counselor shall make application to the board upon the form and in the manner that the board prescribes and shall furnish satisfactory evidence to the board that he or she:
(1)
Is of good moral character;
(2)
Has not engaged or is not engaged in any practice or conduct that would be a ground for refusing to issue a license under § 5-63.2-21;
(3)
Is qualified for licensure pursuant to the requirements of this chapter, or is currently certified by the Rhode Island department of health as a mental health counselor or a marriage and family therapist. The transition from certification to licensure does not require an additional fee payment.
(b)
Any person who applies to the board shall be issued a license by the board if he or she meets the qualifications stated in subsections (a)(1), (a)(2), and (a)(3) of this section and provides satisfactory evidence to the board that he or she:
(1)
Meets educational experience qualifications as follows:
(i)
Educational requirements: a master’s degree or certificate in advanced graduate studies or a doctoral degree in marriage and family therapy or mental health counseling from a recognized educational institution, or a graduate degree in an allied field from a recognized educational institution and graduate-level course work that is equivalent to a master’s degree in marriage and family therapy or mental health counseling, as determined by the board.
(ii)
Experience requirements: successful completion of two (2) calendar years of work experience in marriage and family therapy or mental health counseling under qualified supervision following receipt of a qualifying degree.
(2)
Passes an examination administered by the board.
History of Section.
P.L. 1996, ch. 85, § 2; P.L. 2005, ch. 410, § 6; P.L. 2009, ch. 310, § 40.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-14. - Examination of applicants.

§ 5-63.2-14. Examination of applicants.
Examination for licensure shall be conducted by the division as scheduled by the director of the department of health and offered by the board at least twice a year according to methods and in each subject field that it deems most practical and expeditious to test the applicant’s qualifications. The board may require examinations to be written or oral, or both. In any written examination, the identity of the applicant shall not be disclosed to the board until after the examination papers are graded. Written examination papers shall be preserved and available to the board for at least two (2) years.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-15. - Licensure by endorsement.

§ 5-63.2-15. Licensure by endorsement.
A license as a clinical mental health counselor or marriage and family therapist may be issued, in the discretion of the board, without examination, to an applicant who is a clinical mental health counselor where the applicant is licensed or certified in another state whose requirements are equivalent to or exceed the requirements established pursuant to this chapter.
History of Section.
P.L. 1996, ch. 85, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-63.2 - Mental Health Counselors and Marriage and Family Therapists › Section 5-63.2-16. - Application fee.

§ 5-63.2-16. Application fee.
The applicant applying for licensure as a clinical mental health counselor or marriage and family therapist shall pay a nonrefundable application fee and, when applicable, a reexamination fee for each reexamination. Both fees required by this section are set forth in § 23-1-54.
History of Section.
P.L. 1996, ch. 85, § 2; P.L. 2007, ch. 73, art. 39, § 21; P.L. 2012, ch. 241, art. 9, § 24.