reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-83 - Propane Gas Sales › Section 5-83-6. - Violations.

§ 5-83-6. Violations.
Any person or entity who sells propane gas to be used for residential use that knowingly violates this chapter may be fined in an amount not more than five hundred dollars ($500).
History of Section.
P.L. 2011, ch. 214, § 2; P.L. 2011, ch. 312, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-83 - Propane Gas Sales › Section 5-83-7. - Measurement of propane for sales purposes.

§ 5-83-7. Measurement of propane for sales purposes.
(a)
Propane supplied to portable containers shall be measured and billed by weight, before and after filling, as shown on a national type evaluation program scale.
(b)
Propane supplied to portable containers that cannot be weighed shall be measured by a national type evaluation program approved meter.
(c)
The price per unit weight, or gallon, shall be conspicuously posted at the site of the filling scale.
(d)
This section shall not apply to propane tank exchange programs wherein prefilled portable propane containers are provided to consumers for a flat fee.
History of Section.
P.L. 2014, ch. 150, § 1; P.L. 2014, ch. 162, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-1. - Short title.

§ 5-84-1. Short title.
This chapter shall be known and may be cited as “The Division of Building, Design and Fire Professionals Act.”
History of Section.
P.L. 2010, ch. 152, § 1; P.L. 2010, ch. 153, § 1; P.L. 2018, ch. 47, art. 3, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-1.1. - Definitions.

§ 5-84-1.1. Definitions.
As used in this chapter:
(1)
“Department” means the department of business regulation.
(2)
“Director” means the director, or his or her designee, of the department of business regulation.
History of Section.
P.L. 2013, ch. 298, § 6; P.L. 2013, ch. 378, § 6.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-2. - Division of building, design and fire professionals.

§ 5-84-2. Division of building, design and fire professionals.
There has been created within the department of business regulation, a division known as the division of building, design and fire professionals.
History of Section.
P.L. 2010, ch. 152, § 1; P.L. 2010, ch. 153, § 1; P.L. 2018, ch. 47, art. 3, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-3. - Division membership.

§ 5-84-3. Division membership.
The division consists of the membership of the office of the state fire marshal, the fire safety code board of appeal and review, and the state building office.
History of Section.
P.L. 2010, ch. 152, § 1; P.L. 2010, ch. 153, § 1; P.L. 2018, ch. 47, art. 3, § 2; P.L. 2019, ch. 88, art. 4, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-3.1. - Establishment of the state building office.

§ 5-84-3.1. Establishment of the state building office.
(a)
There shall be the state building office within the department of business regulation’s division of building, design and fire professionals which shall consist of: the office of the state building commissioner, the board of registration for professional engineers, the board of registration for professional land surveyors, the board of examination and registration of architects, the board of examiners of landscape architects, and the contractors’ registration and licensing board.
(b)
The department of business regulation is hereby designated as the administrative entity responsible for the operation of the state building office. In the discretion of the director of business regulation, the department shall provide appropriate staff support to the state building office, and any such staff may be shared within the state building office as necessary.
History of Section.
P.L. 2019, ch. 88, art. 4, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-4. - Suitable quarters.

§ 5-84-4. Suitable quarters.
The department of business regulation shall provide suitable and adequate space for the division.
History of Section.
P.L. 2010, ch. 152, § 1; P.L. 2010, ch. 153, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-5. - Imposition of fines for unregistered activity.

§ 5-84-5. Imposition of fines for unregistered activity.
(a)
In addition to any other provision of law, if a person or business practices or offers to practice architecture, engineering, land surveying, or landscape architecture in the state without being registered or authorized to practice as required by law, the boards within the division may recommend that the director of the department of business regulation, or the director’s designee, issue an order imposing a fine; provided, however, that this section shall not apply to issues between the boards referred to in this subsection as to the scope of a board registrant’s authority to engage in work relating to another board’s jurisdiction or to issues relating to ISDS (individual sewage disposal systems) designers licensed by the department of environmental management.
(b)
A fine ordered under this section may not exceed two thousand five hundred dollars ($2,500) for each offense. In recommending a fine, the board shall set the amount of the penalty imposed under this section after taking into account factors, including the seriousness of the violation; the economic benefit resulting from the violation; the history of violations; and other matters the board considers appropriate.
(c)
Before recommending that a fine be ordered under this section, the board shall provide the person or business written notice and the opportunity to request, within thirty (30) days of issuance of notice by the board, a hearing on the record.
(d)
A person or business aggrieved by the ordering of a fine under this section may file an appeal with the superior court for judicial review of the ordering of a fine.
(e)
If a person or business fails to pay the fine within thirty (30) days after entry of an order under subsection (a), or if the order is stayed pending an appeal, within ten (10) days after the court enters a final judgment in favor of the department of an order appealed under subsection (d), the director may commence a civil action to recover the amount of the fine.
History of Section.
P.L. 2010, ch. 152, § 1; P.L. 2010, ch. 153, § 1; P.L. 2013, ch. 298, § 5; P.L. 2013, ch. 378, § 5; P.L. 2018, ch. 47, art. 3, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-6. - Cease and desist authority.

§ 5-84-6. Cease and desist authority.
If the director has reason to believe that any person, firm, corporation, or association is conducting any activity under the jurisdiction of the division of building, design and fire professionals including professional engineering, professional land surveying, architecture, or landscape architecture without obtaining a license or registration, or who after the denial, suspension, or revocation of a license or registration is conducting that business, the director, or the director’s designee, may, either on his or her own initiative or upon recommendation of the appropriate board, issue an order to that person, firm, corporation, or association commanding them to appear before the department at a hearing to be held not sooner than ten (10) days, nor later than twenty (20) days, after issuance of that order to show cause why the director, or the director’s designee, should not issue an order to that person to cease and desist from the violation of the provisions of this chapter or chapters 1, 8, 8.1, 51, and/or 65 of this title. That order to show cause may be served on any person, firm, corporation, or association named by any person in the same manner that a summons in a civil action may be served, or by mailing a copy of the order, certified mail, return receipt requested, to that person at any address at which that person has done business or at which that person lives. If during that hearing the director, or the director’s designee, is satisfied that the person, firm, corporation, or association is in fact violating any provision of this chapter, the director, or the director’s designee, may order that person, firm, corporation, or association, in writing, to cease and desist from that violation and/or impose an appropriate fine under § 5-84-5 or other applicable law and/or refer the matter to the attorney general for appropriate action under chapters 1, 8, 8.1, 51, and/or 65 of this title. All these hearings are governed in accordance with the administrative procedures act. If that person fails to comply with an order of the department after being afforded a hearing, the superior court for Providence county has jurisdiction upon complaint of the department to restrain and enjoin that person from violating chapters 1, 8, 8.1, 51, 65, and/or 84 of this title.
History of Section.
P.L. 2013, ch. 298, § 6; P.L. 2013, ch. 378, § 6; P.L. 2018, ch. 47, art. 3, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-84 - Division of Building, Design and Fire Professionals › Section 5-84-7. - Electronic applications for certificates of authorization.

§ 5-84-7. Electronic applications for certificates of authorization.
All applications to the division of building, design and fire professionals for certificates of authorization shall be submitted electronically through the department’s electronic-licensing system, unless special permission to apply in paper format is requested by the applicant and granted by the director or the director’s designee.
History of Section.
P.L. 2016, ch. 347, § 3; P.L. 2016, ch. 363, § 3; P.L. 2018, ch. 47, art. 3, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-85 - Discount Buying Clubs › Section 5-85-1. - Definitions.

§ 5-85-1. Definitions.
(a)
“Discount buying club” means any person, firm, or corporation, who or that, in exchange for valuable consideration, offers to sell or to arrange the sale of goods or services to its customers at prices represented to be lower than are generally available.
(b)
“Discount buying club” shall not include any cooperative buying association or other group in which no person is intended to profit or actually profits beyond the benefit that all members receive from buying at a discount; nor shall any person, firm, or corporation be deemed a “discount buying club” solely by virtue of the fact that:
(1)
For fifty dollars ($50.00) or less it sells tickets or coupons valid for use in obtaining goods or services from a retail merchant; or
(2)
As a service collateral to its principal business, and for no additional charge, it arranges for its members or customers to purchase or lease directly from particular merchants at a specified discount.
(c)
“Discount buying club” shall not include any person, firm, or corporation who or that charges an advance month-by-month fee for access to service or member benefits, and allows the buyer to terminate membership by notifying the person, firm, or corporation of intent to terminate membership without further obligation to make additional payments.
History of Section.
P.L. 2010, ch. 52, § 1; P.L. 2010, ch. 73, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-85 - Discount Buying Clubs › Section 5-85-2. - Contract requirements.

§ 5-85-2. Contract requirements.
(a)
Every contract between a discount buying club and its customers shall be in writing, completely filled out, dated, and signed by all contracting parties. A copy of the completed contract shall be given to the buyer at the time he or she signs it. The contract shall, in clear, conspicuous, and simple language:
(1)
State the duration of the contract in a definite period of years or months. If the contract may be periodically renewed, the contract shall state specifically the terms under which it may be renewed and the amount of any renewal fees must be stated unless the contract meets the requirements of subsection (b);
(2)
Contain, immediately above the customer’s signature in boldface type of not less than a ten-point (10) size, a statement substantially as follows: “You, the customer, may cancel this contract at any time prior to midnight of the third (3rd) business day after the date of this contract. To cancel you must notify the company in writing of your intent to cancel”;
(3)
List the categories of goods and services the buying club contracts to make available;
(4)
State the procedures by which the customer can select, order, and pay for merchandise or services and provide information regarding estimated delivery dates and the manner of delivery of products; and
(5)
State the discount buying club’s obligations with respect to warranties on goods or services ordered.
(b)
The written contract required by subsection (a) need not be signed or dated by the customer if one of the following requirements are met:
(1)
The total consideration paid by each member or customer does not exceed a one-time or annual fee of one hundred fifty dollars ($150) or less; or
(2)
The member or customer has the unconditional right to cancel the contract at any time and receive within ten (10) days a full refund of the one-time membership fee, or the annual membership fee covering the current membership period, whichever the case may be.
History of Section.
P.L. 2010, ch. 52, § 1; P.L. 2010, ch. 73, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-85 - Discount Buying Clubs › Section 5-85-3. - Customer’s right to cancel.

§ 5-85-3. Customer’s right to cancel.
Each contract for a discount buying club membership shall provide that the contract may be cancelled at anytime up until midnight of the third (3rd) business day after the date of receipt by the buyer of a copy of the written contract, by written notice, delivered by certified or registered United States mail to the seller at an address that shall be specified in the contract. For purposes of this chapter, business days exclude Sundays, and any holiday on which regular mail deliveries are not made.
History of Section.
P.L. 2010, ch. 52, § 1; P.L. 2010, ch. 73, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-85 - Discount Buying Clubs › Section 5-85-4. - Prohibited acts.

§ 5-85-4. Prohibited acts.
Discount buying clubs shall not:
(1)
Discourage or refuse to allow a potential customer to inspect any of their current merchandise catalogs and price lists during the formal prescheduled information session at their place of business.
(2)
Refuse to refund or exchange a good that does not conform to the customer’s order.
History of Section.
P.L. 2010, ch. 52, § 1; P.L. 2010, ch. 73, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-85 - Discount Buying Clubs › Section 5-85-5. - Violations.

§ 5-85-5. Violations.
A violation of any of the provisions in this chapter shall constitute an unfair or deceptive act or practice as defined in chapters 13 and 13.1 of title 6.
History of Section.
P.L. 2010, ch. 52, § 1; P.L. 2010, ch. 73, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-1. - Short title.

§ 5-86-1. Short title.
This chapter shall be known and may be cited as “Licensing of Applied Behavior Analysts.”
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-3. - Licensing.

§ 5-86-3. Licensing.
(a)
Any individual licensed under this chapter may use the title “licensed applied behavior analyst” and the abbreviation “LBA” or the title “licensed applied behavior assistant analyst” and the abbreviation “LABA,” or the title “psychologist with equivalent experience,” provided that the title and abbreviation correspond to the license held pursuant to this chapter.
(b)
It is unlawful for any person to represent herself or himself as a licensed applied behavior analyst, LBA, licensed applied behavior assistant analyst, LABA, or psychologist with equivalent experience, unless he or she is licensed as a licensed applied behavior analyst or licensed applied behavior assistant analyst or licensed as a psychologist with equivalent experience pursuant to the provisions of this chapter.
(c)
A licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience, is not required to be an employee of a prescribing profession or organization, and may work for a public or private agency or in private practice in accordance with the requirements of § 5-86-9.
(d)
Licensed applied behavior analysts, licensed applied behavior assistant analysts, and psychologists with equivalent experience are responsible for following all applicable federal and state laws and regulations regarding the confidentiality of medical records.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-4. - Board of applied behavior analysts — Creation — Composition.

§ 5-86-4. Board of applied behavior analysts — Creation — Composition.
Within the department of professional regulation in the department of health there shall be a Rhode Island applied behavior analyst licensing board consisting of five (5) members as provided by § 5-86-5.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-5. - Board of applied behavior analysts — Appointment, terms, and removal of members.

§ 5-86-5. Board of applied behavior analysts — Appointment, terms, and removal of members.
(a)
The director of the department of health shall, with the approval of the governor, appoint five (5) electors as members of the board. Three (3) members of the board shall be licensed applied behavior analysts; one member shall be a licensed applied behavior assistant analyst; and one shall be a consumer representative holding neither license. The licensed applied behavior analysts and licensed applied behavior assistant analyst shall have at least three (3) years’ professional experience with credentials comparable to those established in this chapter, be certified for a minimum of five (5) years by an appropriate nationally recognized accrediting organization as approved by the department of health.
(b)
The director shall, with the approval of the governor, appoint persons to serve on the board. Two (2) of those members first appointed by the director of the department of health shall serve initial terms of three (3) years; two (2) of those members first appointed by the director of the department of health shall serve an initial term of two (2) years; and one of those members appointed by the director of the department of health shall serve an initial term of one year, thereafter all appointed members of the board shall be appointed to serve for terms of three (3) years.
(c)
The board members are eligible to succeed themselves.
(d)
The director may remove any member from the board for neglect of any duty required by law, or for incompetence, or unprofessional or dishonorable conduct. Vacancies shall be filled in the same manner as the original appointment was made, for the remainder of the term.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-6. - Board of applied behavior analysts — Organization and meetings.

§ 5-86-6. Board of applied behavior analysts — Organization and meetings.
(a)
The board shall organize immediately after the appointment and qualification of its members.
(b)
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 three (3) members of the board. A majority of seats filled shall constitute a quorum. The board shall meet as often as necessary.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-7. - Board of applied behavior analysts — General powers.

§ 5-86-7. Board of applied behavior analysts — General powers.
The Rhode Island applied behavior analyst licensing board shall:
(1)
Recommend to the director for his or her approval the adoption and revision of rules and regulations not inconsistent with law as necessary to enable it to carry into effect the provisions of this chapter;
(2)
Adopt policies to be followed in the licensure and renewal of licenses of qualified applicants in accordance with chapter 35 of title 42, of the administrative procedures act;
(3)
Conduct hearings upon charges calling for the discipline of a license or revocation. The department has the power to issue subpoenas and compel the attendance of witnesses and administer oaths to persons giving testimony at hearings; and
(4)
The board or the director shall prosecute all persons violating this chapter and has the power to incur the necessary expenses of prosecution. The board shall keep a record of all its proceedings, including, but not limited to, meeting minutes.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-8. - Register of applied behavior analysts — Licensing records — Issuance of licenses.

§ 5-86-8. Register of applied behavior analysts — Licensing records — Issuance of licenses.
The department shall maintain a register of all licensed applied behavior analysts, licensed applied behavior assistant analysts, and psychologists with equivalent experience under this chapter which shall be open at all reasonable times to public inspection and updated regularly. The department shall be the custodian of all records pertaining to the licensing of applied behavior analysts, applied behavior assistant analysts, and psychologists with equivalent experience.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-10. - Licensure.

§ 5-86-10. Licensure.
A license may be issued to:
(1)
An applicant who meets the requirements for licensure as approved by the department of health and licensed as a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience as stated in this chapter; and
(2)
An applicant who has been certified by an appropriate nationally recognized and accredited organization, as approved by the department of health, licensing and licensed as a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience under the laws of another state, United States territory, or foreign country where the board determines that the requirements are substantially equivalent to those of this state.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-11. - Application fee.

§ 5-86-11. Application fee.
The applicant applying for licensure as an applied behavior analyst, applied behavior assistant analyst, or psychologist with equivalent experience shall pay a fee of one hundred fifty dollars ($150) to the department.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-12. - Limitation of practice.

§ 5-86-12. Limitation of practice.
The board shall ensure through regulations and enforcement that licensees limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-13. - Expiration and renewal of licenses — Continuing education — Lapsed license.

§ 5-86-13. Expiration and renewal of licenses — Continuing education — Lapsed license.
(a)
The license of every person licensed under the provisions of this chapter shall expire on the first (1st) day of July of the next even-numbered year following the issuance of his or her license.
(b)
On or before the first day of May of each even-numbered year, the department shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the cycle.
(c)
Every licensed person who desires to renew his or her license shall file with the department a renewal application, executed, together with a renewal fee of one hundred and fifty dollars ($150), on or before the first (1st) day of June in each even-numbered year. Upon receipt of a renewal application and payment of the renewal fee, the accuracy of the application shall be verified and the department may grant a renewal license effective July 1st and expiring the June 30th in each even-numbered year.
(d)
Every licensed person who desires to continue licensure as a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience, has completed a prescribed course of continuing applied behavior analysis education.
(e)
Any person who allows his or her license to lapse, by failing to renew it on or before June 1st in each even-numbered year, as provided in this section, may be reinstated by the department on payment of the current renewal fee, plus an additional fee of forty dollars ($40.00). Any person using the title licensed applied behavior analyst or licensed applied behavior assistant analyst or psychologist with equivalent experience offering services defined as the practice of behavior analysis under this chapter during the time his or her license has lapsed is subject to the penalties provided for violation of this chapter.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-14. - Transfers to inactive list — Reinstatement.

§ 5-86-14. Transfers to inactive list — Reinstatement.
(a)
A licensed applied behavior analyst, licensed applied behavior assistant analyst, or the equivalent who does not intend to continue his or her licensure, upon written request to the department may have his or her name transferred to an inactive list, and shall not be required to pay the renewal fee as long as he or she remains inactive.
(b)
Should a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience wish to resume functioning as an applied behavior analyst, he or she must notify the department and remit his or her renewal fee in accordance with the rules and regulations promulgated hereunder within the immediate two (2) years prior to the applicant’s request for licensure.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-15. - Receipts.

§ 5-86-15. 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. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-16. - Grounds for discipline.

§ 5-86-16. Grounds for discipline.
The board has the power to deny, revoke, or suspend any license issued by the department in accordance with this chapter, or to discipline a licensee upon proof that the person:
(1)
Is guilty of fraud or deceit in procuring, or attempting to procure, a license or temporary license;
(2)
Is guilty of a felony or of a crime of immorality;
(3)
Is habitually intemperate or is addicted to the use of habit-forming drugs;
(4)
Is mentally incompetent;
(5)
Is incompetent or negligent in the practice of applied behavior analysis as determined by the Rhode Island applied behavior analyst licensing board;
(6)
Has not fulfilled the required continuing-education requirements as determined by the Rhode Island applied behavior analysis licensing board;
(7)
Has violated the ethical principles governing applied behavior analysts and the practice of applied behavior analysis, as adopted by the board and in force at the time a charge is made, provided that those ethical principles are a nationally recognized standard;
(8)
Has practiced as a licensed applied behavior assistant analyst or has performed the duties of a licensed applied behavior assistant analyst without proper supervision by a licensed applied behavior analyst pursuant to § 5-86-26;
(9)
Has had their license revoked, suspended, privileges limited, or other disciplinary action in another state or jurisdiction, including the voluntary surrender of a license; or
(10)
Has failed to furnish the department or its legal representative information requested by the board as part of a disciplinary action.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-17. - Procedure for discipline.

§ 5-86-17. Procedure for discipline.
(a)
When a sworn complaint is filed with the board charging a person with being guilty of any of the actions specified in § 5-86-16, the department shall immediately investigate those charges, or, the board, after investigation, may institute charges. The department may coordinate investigations of alleged violations of the Rhode Island applied behavior analyst licensing board with an appropriate nationally recognized accrediting organization.
(b)
If the investigation reveals reasonable grounds for believing that the licensee or applicant for licensure is guilty of the charges, the board shall fix a time and place for a hearing, and shall serve a copy of the charges, together with a notice of the time and the place fixed for the hearing, personally upon the accused at least twenty (20) days prior to the time fixed for the hearing.
(c)
When personal service cannot be effected and that fact is certified by oath by any person authorized to make service, the board shall publish once in each of two (2) successive weeks, a notice of the hearing in a newspaper published in the county where the accused last resided, according to the records of the board, and shall mail a copy of the charges and of the notice to the accused at his or her last-known address.
(d)
When publication of notice is necessary, the date of the hearing shall not be less than twenty (20) days after the last date of publication of the notice.
(e)
At the hearing, the accused has the right to appear personally or by counsel or both; to produce witnesses and evidence on his or her behalf; to cross-examine witnesses; and to have subpoenas issued by the administrator of professional regulation.
(f)
The attendance of witnesses and the production of books, documents, and papers at the hearing may be compelled by subpoenas issued by the department, which shall be served in accordance with law.
(g)
The department shall administer oaths as necessary for the proper conduct of the hearing.
(h)
The board is not bound by the strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient legal evidence to sustain it.
(i)
If the accused is found guilty of the charges, the board may refuse to issue a license to the applicant, or may revoke or suspend his or her license, or discipline that person.
(j)
Upon the revocation or suspension of any license, the license holder shall surrender the license to the department, which shall indicate the same in the licensure verification database.
(k)
A revocation or suspension of license may be reviewed at the discretion of the board, or at the initiative of the department, which may order a rehearing of the issue if it finds cause.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-18. - Grounds for discipline without a hearing.

§ 5-86-18. Grounds for discipline without a hearing.
With the approval of the director, the board may temporarily suspend the license of a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience without a hearing if the board finds that evidence in its possession indicates that a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience continuing in practice would constitute an immediate danger to the public. In the event that the board temporarily suspends the license of a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience without a hearing by the board, a hearing must be held within ten (10) days after the suspension has occurred.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-19. - Penalty for violations.

§ 5-86-19. Penalty for violations.
(a)
It is a misdemeanor for any person, in offering his or her services to the public, to:
(1)
Use in connection with his or her name any designation tending to imply that he or she is a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience to render services defined as the practice of behavior analysis, unless licensed under the provisions of this chapter;
(2)
Use in connection with his or her name any designation tending to imply that he or she is a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience to render services defined as the practice of behavior analysis, during the time his or her license issued under the provisions of this chapter is suspended or revoked; or
(3)
Otherwise violate any of the provisions of this chapter or the rules and regulations promulgated hereunder.
(b)
These misdemeanors shall be punishable by a fine of not more than five hundred dollars ($500) for each offense.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-20. - Injunction of violations.

§ 5-86-20. Injunction of violations.
When it appears to the board that any person is violating any of the provisions of this chapter, the director may institute an action, commenced in the name of the board, to enjoin that violation in a court of competent jurisdiction. That court may enjoin any person from violating any of the provisions of this chapter, without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-22. - Enforcement.

§ 5-86-22. Enforcement.
The director shall enforce the provisions of this chapter. He or she, or his or her authorized agents, and the board shall be exempt from providing surety for costs in connection with the commencement of any legal proceedings under this chapter.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-23. - Rules governing practices and procedures.

§ 5-86-23. Rules governing practices and procedures.
All hearings and reviews required under the provisions of chapter 44 of this title, as amended, shall be held in accordance with the provisions of the rules and regulations of the Rhode Island department of health regarding practices and procedures before the department of health and access to public records of the department of health (R42-35-PP).
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-24. - Appeals from director and board.

§ 5-86-24. Appeals from director and board.
Any person aggrieved by any decision or ruling of the director or the board may appeal to the superior court in the manner provided in the administrative procedures act, chapter 35 of title 42.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-25. - Applicability of other laws.

§ 5-86-25. Applicability of other laws.
This chapter shall be subject to the provisions of chapter 2 of title 38 (“access to public records”) and chapter 46 of title 42 (“open meetings”) and, in addition, the members of the board shall be subject to the provisions of chapter 14 of title 36 (“code of ethics”).
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-86 - Licensing of Applied Behavior Analysts › Section 5-86-27. - Severability.

§ 5-86-27. Severability.
The provisions of this chapter are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances. This chapter shall be construed in all respects so as to meet any constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken that are necessary to meet constitutional requirements.
History of Section.
P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-87 - Service Member Licensure › Section 5-87-1. - Service member licensure.

§ 5-87-1. Service member licensure.
(a)
The director and each member of the examining and licensing boards shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept education, training, or service completed by an individual as a member of the Armed Forces or Reserves of the United States, the National Guard of any state, the Military Reserves of any state, or the Naval Militia of any state toward the qualifications to receive the license or certification. The director and each appropriate examining and licensing board shall promulgate rules to implement this section.
(b)
Each business/profession-related board shall establish a procedure to expedite the issuance of a license, certification, or permit to perform professional services regulated by each such board to a person who is certified or licensed in another state to perform professional services in a state other than Rhode Island. The procedure shall include:
(1)
Issuing the person a license, certificate, or permit, if, in the opinion of the board, the requirements for certification or licensure of such other state are substantially equivalent to that required in this state; or
(2)
Developing a method to authorize the person to perform professional services regulated by the board in this state by issuing the person a temporary permit for a limited period of time to allow the person to perform professional services while completing any specific requirements that may be required in this state that were not required in the state in which the person was licensed or certified.
History of Section.
P.L. 2013, ch. 287, § 1; P.L. 2013, ch. 386, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-88 - Military Member and Spouse License Issuance › Section 5-88-1. - Issuance of professional service license.

§ 5-88-1. Issuance of professional service license.
(a)
Except as provided in § 5-88-2, notwithstanding any other law to the contrary, each business/profession-related board shall issue a license, certification, or permit to perform professional services regulated by each such board to a person:
(1)
Who is certified or licensed in another state for at least one year to perform professional services in a state other than Rhode Island;
(2)
Who is a member of the armed forces of the United States, or whose spouse is a member of the armed forces of the United States;
(3)
Who is subject to military orders for a change of station to a duty station in Rhode Island, or in the process or whose spouse is the subject of a military transfer to Rhode Island; and
(4)
In the situation of a military member’s spouse, the spouse left employment to accompany the military member to Rhode Island.
(b)
The procedure shall include:
(1)
Issuing the person a digitally verifiable license, certificate, or permit that can also be recognized by other states, if, in the opinion of the board, the requirements for certification or licensure of such other state are substantially equivalent to that required in this state;
(2)
Developing a method to authorize the person to perform professional services regulated by the board in this state by issuing the person a temporary license, certificate, or permit that is digitally verifiable and can be recognized by other states for a limited period of time to allow the person to perform professional services while completing any specific requirements that may be required in this state that were not required in the state in which the person was licensed or certified; and
(3)
Establishing that the person is not subject to a disqualification pursuant to the provisions of § 5-88-2.
History of Section.
P.L. 2013, ch. 287, § 3; P.L. 2013, ch. 386, § 3; P.L. 2023, ch. 398, § 2, effective August 30, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-88 - Military Member and Spouse License Issuance › Section 5-88-2. - Disqualification for license issuance.

§ 5-88-2. Disqualification for license issuance.
The provisions of § 5-88-1 shall not apply unless all the following apply:
(1)
The board in the other state holds the person in good standing;
(2)
The person does not have a disqualifying criminal record as determined by the board in accordance with § 28-5.1-14;
(3)
No board in any other state has revoked the person’s occupational license, certificate, or permit as a result of negligence or intentional misconduct;
(4)
The person did not surrender an occupational license, certificate, or permit because of negligence or intentional misconduct;
(5)
The person does not have a complaint, allegation, or investigation currently pending before a board in another state which relates to unprofessional conduct or an alleged crime; and
(6)
The person pays all applicable fees in this state.
History of Section.
P.L. 2023, ch. 398, § 3, effective August 30, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-88 - Military Member and Spouse License Issuance › Section 5-88-3. - Decision.

§ 5-88-3. Decision.
The board shall provide the person with a written decision regarding the application for an occupational license, certificate, or permit pursuant to the provisions of § 5-88-1 within sixty (60) days after receiving an application.
History of Section.
P.L. 2023, ch. 398, § 3, effective August 30, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-88 - Military Member and Spouse License Issuance › Section 5-88-4. - Appeal.

§ 5-88-4. Appeal.
An appeal of an adverse determination or denial of a license, certificate, or permit application under the terms of this chapter shall be pursuant to the provisions of chapter 35 of title 42, the “administrative procedures act”.
History of Section.
P.L. 2023, ch. 398, § 3, effective August 30, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-88 - Military Member and Spouse License Issuance › Section 5-88-5. - Limitations.

§ 5-88-5. Limitations.
(a)
An occupational license, certificate, or permit issued pursuant to this chapter is valid only in this state. It shall not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in law.
(b)
Nothing in this chapter shall be construed to prevent this state from entering into a licensing compact or reciprocity agreement with another state, foreign province, or foreign country.
(c)
Nothing in this chapter shall be construed to prevent this state from recognizing occupational credentials issued by a private certification organization, foreign province, foreign country, international organization, or other entity.
(d)
Nothing in this chapter shall be construed to require a private certification organization to grant or deny private certification to any individual.
History of Section.
P.L. 2023, ch. 398, § 3, effective August 30, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-88 - Military Member and Spouse License Issuance › Section 5-88-6. - Military education, training and experience.

§ 5-88-6. Military education, training and experience.
Notwithstanding any other law, each business/profession-related board shall, in reviewing an application under § 5-88-1 for a license, certification, or permit to perform professional services regulated by each such board, determine whether, the education, training, or experience requirements for an occupational license, certificate, or permit issued pursuant to this chapter are completely or partially satisfied, as determined by the regulating occupational licensing board, on presentation of satisfactory evidence that the applicant received substantially equivalent education, training, or experience as a member of the United States armed forces or any national guard or other reserve component or, in the case of a military spouse, on presentation of satisfactory evidence that the applicant received substantially equivalent education, training, or experience in obtaining licensure in another state.
History of Section.
P.L. 2023, ch. 398, § 3, effective August 30, 2023.