reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-8. - Denial, suspension, or revocation of license.

§ 23-17.7.1-8. Denial, suspension, or revocation of license.
The licensing agency, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under and pursuant to this chapter. The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of the mailing or service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of the hearing, or upon the failure of the applicant or licensee to appear, the licensing agency shall make a determination specifying its findings of fact and conclusion of law. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant or licensee. The decision denying, suspending, or revoking the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within the thirty (30) day period, appeals the decision pursuant to § 42-35-15. The procedure governing hearings authorized by this section shall be in accordance with §§ 42-35-9 — 42-35-13 as stipulated in § 42-35-14(a). A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to § 42-35-15. A copy or copies of the transcript may be obtained by an interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-9. - Judicial review of license action.

§ 23-17.7.1-9. Judicial review of license action.
Any person who has exhausted all administrative remedies available to him or her within the licensing agency, and who is aggrieved by a final decision of the licensing agency, is entitled to judicial review in accordance with the provisions of §§ 42-35-15 and 42-35-16.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-11. - Training and/or competency evaluation program for nursing assistants.

§ 23-17.7.1-11. Training and/or competency evaluation program for nursing assistants.
(a)
Every individual who is employed to provide nursing assistant services shall be required to be registered as required by chapter 17.9 of this title.
(b)
An in-service educational program for direct patient care personnel shall be provided on an ongoing basis which shall include orientation for new personnel and periodic programs consisting of three (3) hours per quarter at a minimum for the continued improvement and development of skills of direct care personnel, including competency training and department required training based on licensure.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2; P.L. 2023, ch. 101, § 1, effective June 19, 2023; P.L. 2023, ch. 102, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-12. - Nursing service agency employees identification.

§ 23-17.7.1-12. Nursing service agency employees identification.
(a)
Any employee of a nursing service agency upon employment and prior to placement shall be provided with a photo identification which shall be worn on the employee’s person while the employee is working.
(b)
The photo identification shall be a recent photograph of the employee and shall include the employee’s name, certificate, or licensing number with expiration date and the name of the nursing service agency.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-13. - Agencies to which chapter inapplicable.

§ 23-17.7.1-13. Agencies to which chapter inapplicable.
(a)
The provisions of this chapter shall not be construed to apply to hospices, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants and the duties of the individuals shall be the same as those prescribed by regulations.
(b)
Training Thru Placement, Inc., and the respite care services provided to the developmentally disabled by Training Thru Placement, Inc., shall be exempted from the provisions of this chapter.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-14. - Agencies to which chapter inapplicable.

§ 23-17.7.1-14. Agencies to which chapter inapplicable.
The provisions of this chapter shall not be construed to apply to hospitals, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants and the duties of the individuals shall be the same as those prescribed by regulations.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-15. - Nursing service agencies exempt.

§ 23-17.7.1-15. Nursing service agencies exempt.
The provisions of this chapter shall not apply to:
(1)
Nursing service agencies and nursing exempt from regulation by the state;
(2)
Visiting nursing services or home health services conducted by and for those who rely exclusively upon spiritual means through prayer alone in accordance with the creed or tenets of a recognized church or religious denomination; or
(3)
Nursing service agencies who limit the provision of temporary staff, including registered nurses, licensed practical nurses, or nursing assistants, to one or more hospitals provided that such nursing service agency maintain certification from the joint commission on the accreditation of health care organizations or such other accreditation entity acceptable to the director.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-16. - Severability.

§ 23-17.7.1-16. Severability.
If any provision of this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-18. - Prior criminal records checks.

§ 23-17.7.1-18. Prior criminal records checks.
If an applicant for employment has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification or local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-19. - Rules and regulations.

§ 23-17.7.1-19. Rules and regulations.
The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-20. - Disqualifying information.

§ 23-17.7.1-20. Disqualifying information.
(a)
Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from the employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature), felony assault, patient abuse, neglect or mistreatment of patients, first-degree arson, robbery, felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect, and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny, or felony banking law violations or a crime under section 1128(a) of the Social Security Act (42 U.S.C. § 1320a-7(a)).
(b)
Information produced by a national criminal records check pertaining to convictions for crimes other than those listed in subsection (a) of this section shall entitle, but not obligate the employer, to decline to hire the applicant. An employee against whom conviction information related to this subsection has been found may provide a copy of the national criminal records check to the employer who shall make a determination regarding the continued employment of the employee.
(c)
For purposes of this section “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2; P.L. 2014, ch. 347, § 6; P.L. 2014, ch. 399, § 6.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-21. - Immunity from liability.

§ 23-17.7.1-21. Immunity from liability.
No employer who disqualifies an individual from employment or continued employment within thirty (30) days of receipt of a letter containing disqualifying information as defined in § 23-17.7.1-20 or of a criminal background report relating to that information shall be liable for civil damages or subject to any claim, cause of action, or proceeding of any nature as a result of the disqualification.
History of Section.
P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-22. - Employment prohibitions.

§ 23-17.7.1-22. Employment prohibitions.
(a)
No nursing service agency shall recruit potential employees from a client to which it actively provides services in any contract.
(b)
The nursing service agency shall not, in any contract with any employee of a client, require the payment of liquidated damages, employment fees, or other compensation should the employee be hired as a permanent employee of a client facility.
History of Section.
P.L. 2023, ch. 101, § 2, effective June 19, 2023; P.L. 2023, ch. 102, § 2, effective June 19, 2023.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.7.1 - Licensing of Nursing Service Agencies › Section 23-17.7.1-23. - Annual reporting requirements.

§ 23-17.7.1-23. Annual reporting requirements.
(a)
The agency shall submit an annual statistical report to the department of health including, but not limited to:
(1)
Mean, median, and average salaries and hourly pay rates of employees, by employment type;
(2)
Number of employees;
(3)
Number of employees terminated;
(4)
Number of employees reported to the office of the attorney general; and
(5)
Number of employees reported to the department for abuse, neglect, misappropriation, and job abandonment.
(b)
For every person placed for employment, or temporary performance of services by an employment agency with a healthcare provider employer, the employment agency shall annually report:
(1)
The amount charged for each person;
(2)
The amount paid to each person;
(3)
The amount of payment received that is retained by the employment agency;
(4)
Any other information that the department, in conjunction with the department of human services, determines relevant to determine how much healthcare provider employers who participate in Medicare and Medicaid are charged by employment agency services.
(c)
Reports under this section shall be submitted by the employment agencies no later than thirty (30) days after the end of the calendar year.
History of Section.
P.L. 2023, ch. 101, § 2, effective June 19, 2023; P.L. 2023, ch. 102, § 2, effective June 19, 2023.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-3. - Penalty — Failure to report.

§ 23-17.8-3. Penalty — Failure to report.
(a)
Any person required to make a report as provided by § 23-17.8-2 and who fails to do so, shall be guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($500).
(b)
Any person who alters or changes without authorization or destroys or renders unavailable a report made by another pursuant to § 23-17.8-2 shall be deemed guilty of a misdemeanor and be fined not more than five hundred dollars ($500).
(c)
Any person who attempts to induce another to fail to report an incident of abuse, mistreatment, or neglect shall be deemed guilty of a misdemeanor and be punished by a fine of not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both.
(d)
Any person being a high managerial agent who fails to report an incident of abuse, mistreatment, or neglect after another has reported an incident of abuse, neglect or mistreatment to an appropriate agent pursuant to § 23-17.8-2 shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000), or imprisoned for more than one year, or both.
History of Section.
P.L. 1987, ch. 409, § 1; P.L. 1989, ch. 504, § 1; P.L. 1991, ch. 235, § 1; P.L. 1992, ch. 423, § 1; P.L. 1994, ch. 317, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-3.1. - Physician’s, certified registered nurse practitioner’s, and physician assistant’s report of examination — Duty of facility.

§ 23-17.8-3.1. Physician’s, certified registered nurse practitioner’s, and physician assistant’s report of examination — Duty of facility.
Whenever a facility shall receive a report by a person other than a physician or a certified registered nurse practitioner or physician assistant that a patient or resident of the facility has been harmed as a result of abuse, neglect, or mistreatment, the facility shall have the patient examined by a licensed physician or a certified registered nurse practitioner or physician assistant. It shall be mandatory for the physician or certified registered nurse practitioner or physician assistant to make a preliminary report of their findings to the department of health for a healthcare facility, or to the department of behavioral healthcare, developmental disabilities and hospitals for a community residence for persons with intellectual or developmental disabilities and to the facility within forty-eight (48) hours after the examination, and a written report within five (5) days after the examination.
History of Section.
P.L. 1988, ch. 563, § 1; P.L. 1991, ch. 235, § 1; P.L. 1992, ch. 423, § 1; P.L. 1993, ch. 386, § 1; P.L. 1994, ch. 317, § 4; P.L. 1999, ch. 83, § 51; P.L. 1999, ch. 130, § 51; P.L. 2002, ch. 405, § 1; P.L. 2012, ch. 254, § 2; P.L. 2012, ch. 264, § 2; P.L. 2023, ch. 61, § 2, effective June 14, 2023; P.L. 2023, ch. 62, § 2, effective June 14, 2023.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-4. - Immunity from liability.

§ 23-17.8-4. Immunity from liability.
(a)
Any person who in good faith makes an oral or written report pursuant to § 23-17.8-2, excluding any perpetrator or conspirator of the patient abuse, mistreatment, or neglect, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made the report. No facility shall discharge or in any manner discriminate or retaliate against any person who in good faith makes a report, testifies, or is about to testify in any proceeding about the abuse, mistreatment, or neglect of patients or residents in the facilities.
(b)
No facility shall discharge, threaten, or in any manner discriminate or retaliate against any employee regarding the employee’s compensation, terms, conditions, location, duration, or privileges of employment because:
(1)
The employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, or who, in good faith, makes a report, testifies, or is about to testify in any proceeding, about the abuse, mistreatment, or neglect of patients or residents in the facility, unless the employee knows or has reason to know that the report is false; or
(2)
An employee is requested by a public body to testify or participate in an investigation, hearing, or inquiry held by that public body, or a court action.
(c)
For the purposes of this section, “public body” means all of the following:
(1)
A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government.
(2)
An agency, board, commission, council, member, or employee of the legislative branch of state government.
(3)
A law enforcement agency or any member or employee of a law enforcement agency.
(4)
The judiciary and any member or employee of the judiciary.
History of Section.
P.L. 1987, ch. 409, § 1; P.L. 1991, ch. 235, § 1; P.L. 1992, ch. 423, § 1; P.L. 1993, ch. 386, § 1; P.L. 1994, ch. 317, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-5. - Non-retaliation or discrimination.

§ 23-17.8-5. Non-retaliation or discrimination.
(a)
A person who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief, damages, or both within three (3) years after the occurrence of the alleged violation of § 23-17.8-4.
(b)
A facility which discharges, discriminates, or retaliates against a person who is about to make a report, makes a report, testifies, or is about to testify in any proceeding shall be liable to the person so discharged, discriminated, or retaliated against, for treble damages, costs, and attorneys’ fees. Where a facility discharges, demotes, or retaliates by any other means against a person after he or she has made a report, testified, or was subpoenaed to testify as a result of a report required by this chapter, there shall be a rebuttable presumption that the facility discharged, demoted, or retaliated against that person as a result of his or her report or testimony.
(c)
Any action commenced pursuant to this section may be brought in the superior court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person/facility against whom the civil complaint is filed resides or has their principal place of business.
(d)
An employee shall show by clear and convincing evidence that he or she or a person acting on his or her behalf was about to report, reported, was about to testify, or testified, verbally or in writing, about a violation of this chapter.
(e)
A court, in rendering a judgment in an action brought under § 23-17.8-4 shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, treble damages, or any combination of these remedies. A court shall also award the complainant the costs of litigation, including attorneys’ fees. This section shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement.
History of Section.
P.L. 1987, ch. 409, § 1; P.L. 1993, ch. 386, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-6. - Abrogation of privilege.

§ 23-17.8-6. Abrogation of privilege.
Any privilege established by chapter 37.3 of title 5 or any professional code, relating to the exclusion of confidential communications and/or the competency of witnesses, may not be invoked in any civil or criminal action arising out of a report made pursuant to this chapter or the failure to make a report as required by this chapter.
History of Section.
P.L. 1987, ch. 409, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-7. - Notice — Posting provisions.

§ 23-17.8-7. Notice — Posting provisions.
A notice of the reporting requirements imposed under this chapter, and of the penalty imposed for failure to report, shall be conspicuously posted on each floor of any facility required to be licensed under the provisions of chapter 17 of this title, chapter 17.4 of this title or chapter 24 of title 40.1.
History of Section.
P.L. 1987, ch. 409, § 1; P.L. 1990, ch. 414, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-7.1. - Penalty — Failure to post requirements.

§ 23-17.8-7.1. Penalty — Failure to post requirements.
Any facility that fails to post, after written notice, the requirements of this chapter pursuant to § 23-17.8-7 shall be fined not more than five hundred ($500) dollars per day of the occurrence.
History of Section.
P.L. 1991, ch. 318, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-8. - Requirements additional.

§ 23-17.8-8. Requirements additional.
Nothing contained in this chapter shall be deemed to abrogate, contravene, or diminish the reporting requirements contained in §§ 40-11-3, 40-11-3.1, 40-11-6, 40.1-5-40.1, or 42-66-8.
History of Section.
P.L. 1987, ch. 409, § 1; P.L. 1994, ch. 317, § 6.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-10. - Penalties.

§ 23-17.8-10. Penalties.
(a)
Any person who knowingly commits any act of abuse, as that term is defined by § 23-17.8-1(a)(1)(i), (ii), (iii), or (iv), mistreatment, or neglect against a patient or resident of a facility shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or both.
(b)
Any person who commits any act of abuse as that term is defined by § 23-17.8-1(a)(1)(v) against a patient or resident of a facility shall be fined not more than five hundred dollars ($500) or imprisoned not more than one year, or both.
(c)
If at the time of the alleged patient abuse, neglect, or mistreatment, the person committing the act was employed by a facility which either condoned or attempted to conceal the act or acts, that facility upon conviction shall be fined not more than five thousand dollars ($5,000).
(d)
Any member of the board of directors or a high managerial agent of a facility who condones or conceals any acts of abuse, neglect or mistreatment of patients or residents of the facility shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or both.
History of Section.
P.L. 1992, ch. 423, § 3; P.L. 1993, ch. 386, § 1; P.L. 1994, ch. 317, § 7.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-10.1. - License revocation.

§ 23-17.8-10.1. License revocation.
Any person who is convicted of a violation of this chapter, except the posting requirement, shall forfeit any professional license or certification. Nothing in this section shall be construed to prevent the revocation or suspension of any professional license or certification whose plea or sentence shall not constitute a conviction under the laws of this state.
History of Section.
P.L. 1991, ch. 318, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-11. - Records of the department of health.

§ 23-17.8-11. Records of the department of health.
In any administrative, civil, or criminal proceeding in which the status of the license of any facility which is licensed or was licensed by the department of health is in issue, certified copies of relevant documents on file with the department and the certified statement of the director, his or her equivalent or his or her duly appointed designee as to the status of the license, shall be admissible as evidence of the status of the license, subject to the right of the defendant to subpoena these records in rebuttal. Upon request, copies shall be provided to the person or his or her counsel at least three (3) days before the proceeding.
History of Section.
P.L. 1991, ch. 318, § 6; P.L. 1993, ch. 386, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-12. - Records of the department of behavioral healthcare, developmental disabilities and hospitals.

§ 23-17.8-12. Records of the department of behavioral healthcare, developmental disabilities and hospitals.
In any administrative, civil, or criminal proceeding in which the status of the license of any facility which is licensed by the department of behavioral healthcare, developmental disabilities and hospitals is in issue, certified copies of relevant documents on file with the department and the certified statement of the director, his or her equivalent or his or her duly appointed designee as to the status of the license, shall be admissible as evidence of the status of the license, subject to the right of the defendant to subpoena these records in rebuttal. Upon request, copies shall be provided to the person or his or her counsel at least three (3) days before the proceeding.
History of Section.
P.L. 1991, ch. 318, § 7; P.L. 1993, ch. 386, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-13. - Use of photostatic copies.

§ 23-17.8-13. Use of photostatic copies.
(a) Proof of residence status of patients/residents.
For purposes of this chapter, the status of the residence of a patient or resident of a facility as that term is defined by § 23-17.8-1(c) may be proved by the contents of a medical chart or record of a facility in which the patient or resident resides or resided.
(b) Use of photostatic copies of medical records; Originals held available.
Medical charts or records of any facility licensed under the laws of this state that are susceptible to photostatic reproduction may be proved as to foundation, identity and authenticity without any preliminary testimony, by the use of legible and durable copies in accordance with the provisions set forth in § 9-19-39.
History of Section.
P.L. 1991, ch. 318, § 8; P.L. 1993, ch. 386, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.8 - Abuse in Healthcare Facilities › Section 23-17.8-14. - Severability.

§ 23-17.8-14. Severability.
If any provision of this chapter or the application of any provision to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1993, ch. 386, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-1. - Declaration of purpose.

§ 23-17.9-1. Declaration of purpose.
The purpose of this chapter is to provide for the development, establishment, and enforcement of standards by the department of health:
(1)
For the training and registration of nursing assistants; and
(2)
To ensure unified standards among nursing assistants and to promote safe and adequate care for individuals receiving nursing assistants’ health care services.
History of Section.
P.L. 1987, ch. 564, § 1; P.L. 1988, ch. 653, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-2. - Definitions — Supervision of nursing assistants — Inapplicability of chapter.

§ 23-17.9-2. Definitions — Supervision of nursing assistants — Inapplicability of chapter.
(a)
As used in this chapter:
(1)
“Certifying agency” means the state department of health.
(2)
“Director” means the director of the state department of health, or his or her designee.
(3)
“Nursing assistant” is defined as a nurses’ aide, orderly, or home health aide who is a paraprofessional trained to give personal care and related health care and assistance based on his or her level of preparation to individuals who are sick, disabled, dependent, or infirmed and who are residents of or who receive services from healthcare facilities licensed pursuant to chapter 17 of this title or receiving services from agencies licensed pursuant to chapter 17.7 of this title. The director of the department of health may, by regulation, establish different levels of nursing assistants.
(b)
Nursing assistants shall be supervised by professional (registered nurses) and other appropriate professional members of a healthcare facility or physician.
(c)
Notwithstanding any provision of this chapter, nothing in this section shall apply to those persons designated solely as personal-care attendants, or programs established and administered for the purpose of providing personal-care-attendant service, established by chapter 8.1 of title 40.
(d)
No provision of this chapter shall apply to those persons who are actively matriculated in a bachelor of science in nursing, associate degree program in nursing, an accredited licensed practical nursing program, or registered nurse course of study in a national league for nursing accredited nursing program, provided those persons have completed a minimum of two (2) clinical courses and provided those individuals are supervised by a R.N.
(e)
No provision of this chapter or of the rules and regulations pertaining to Rhode Island certificates of registration for nursing assistants, medication aides, and the approval of nursing assistant and medication aide training programs, including the provisions related to medication aides, shall apply to those persons who are actively matriculated in a bachelor of science in nursing, associate degree program in nursing, an accredited licensed practical nursing program, or registered nurse course of study in a national league for nursing accredited nursing program; provided, those persons have completed a minimum of two (2) clinical courses and appropriate training in medication administration and provided those individuals are supervised by a registered nurse.
History of Section.
P.L. 1987, ch. 564, § 1; P.L. 1988, ch. 653, § 2; P.L. 1991, ch. 105, § 1; P.L. 1991, ch. 301, § 1; P.L. 1992, ch. 435, § 2; P.L. 1993, ch. 73, § 1; P.L. 2016, ch. 182, § 1; P.L. 2016, ch. 191, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-3. - Training and competency evaluation program for levels of nursing assistants.

§ 23-17.9-3. Training and competency evaluation program for levels of nursing assistants.
Standards for training and/or competency evaluation programs for nursing assistants and exemptions for applicants from the requirements of training programs shall be consistent with federal statutory and regulatory requirements and shall be defined according to the rules and regulations promulgated by the department of health. The national standards pertaining to nursing assistants, nurse aides-home health aides, and the national home caring council or its succeeding agency, (model curriculum and teaching guide for the instruction of homemaker-home health aide) and any other appropriate standards shall serve as guidelines in the development of regulatory standards for other levels of nursing assistants as determined by the director. The department may require a fee as set forth in § 23-1-54 as an application fee for biennial training and competency evaluation program certification.
History of Section.
P.L. 1987, ch. 564, § 1; P.L. 1988, ch. 653, § 2; P.L. 1990, ch. 381, § 1; P.L. 1992, ch. 435, § 2; P.L. 2001, ch. 77, art. 14, § 30; P.L. 2007, ch. 73, art. 39, § 33; P.L. 2012, ch. 241, art. 9, § 42.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-4. - Duties of nursing assistants.

§ 23-17.9-4. Duties of nursing assistants.
The duties of each level of nursing assistant shall be defined according to the rules and regulations promulgated by the department of health.
History of Section.
P.L. 1987, ch. 564, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-6. - Registration.

§ 23-17.9-6. Registration.
Every nursing assistant being employed as a nursing assistant or offering services as a nursing assistant must obtain a certificate of registration issued by the department. Every nursing assistant, prior to being issued a certificate of registration by the department, shall successfully complete the training program and/or qualifying examination as required by §§ 23-17.9-3 and 23-17.9-5 unless otherwise exempt from the requirements. All applicants not otherwise exempted are required to complete the process of training and examination within a period of one year from the date of initiation of training. Failure to successfully complete this process within one year requires that the applicant repeat the training program and be retested. All nursing assistants shall be registered with and qualified by the department of health. The fee for registration is as set forth in § 23-1-54. The department shall keep a register in which are entered the names of all persons to whom certificates of registration are issued under this chapter and the register shall be open to public inspection. In addition, if required by federal mandate the department will also keep a separate nurse aide registry.
History of Section.
P.L. 1987, ch. 564, § 1; P.L. 1989, ch. 270, § 2; P.L. 1992, ch. 435, § 2; P.L. 1999, ch. 355, § 1; P.L. 2001, ch. 77, art. 14, § 30; P.L. 2007, ch. 73, art. 39, § 33; P.L. 2012, ch. 241, art. 9, § 42.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-7. - Renewal of certificate of registration.

§ 23-17.9-7. Renewal of certificate of registration.
Every holder of a nursing assistant certificate of registration shall register biennially by making application to the department on forms provided by the agency. The renewals shall be granted as a matter of course, upon payment of a fee as set forth in § 23-1-54 unless the agency finds that the applicant has acted or failed to act in a manner under the circumstances that would constitute grounds for suspension or revocation of a certificate of registration.
History of Section.
P.L. 1987, ch. 564, § 1; P.L. 1988, ch. 653, § 2; P.L. 2001, ch. 77, art. 14, § 30; P.L. 2007, ch. 73, art. 39, § 33; P.L. 2012, ch. 241, art. 9, § 42.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-8. - Disciplinary proceedings.

§ 23-17.9-8. Disciplinary proceedings.
The department may suspend or revoke any certificate of registration issued under this chapter or may reprimand, censure, or otherwise discipline or may deny an application for registration in accordance with the provisions of this section upon decision and after a hearing as provided by chapter 35 of title 42, as amended, in any of the following cases:
(1)
Upon proof that the nursing assistant is unfit or incompetent by reason of negligence, habits, or other causes;
(2)
Upon proof that the nursing assistant has violated any of the provisions of this chapter or the rules enacted in accordance with this chapter; or acted in a manner inconsistent with the health and safety of the patients of the home in which he or she is providing nursing assistant services;
(3)
Upon proof that the nursing assistant has been convicted in a court of competent jurisdiction, either within or without this state, of a felony;
(4)
Otherwise violate any of the provisions of this chapter;
(5)
Has engaged in conduct detrimental to the health, welfare and safety of patients/residents in his or her care;
(6)
Any other causes that may be set forth in regulations promulgated under this chapter.
History of Section.
P.L. 1987, ch. 564, § 1; P.L. 1992, ch. 435, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-9. - Penalties for violations.

§ 23-17.9-9. Penalties for violations.
It shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500) and/or by imprisonment for not more than one year for any person to:
(1)
Obtain his or her certification or registration by means of fraud, misrepresentation, or concealment of material facts;
(2)
Practice as a nursing assistant under cover of any certification or registration illegally or fraudulently obtained or unlawfully issued;
(3)
Practice as a nursing assistant during the time his or her certification or registration issued under the provisions of this chapter shall be suspended or revoked; or
(4)
Otherwise violate any of the provisions of this chapter.
History of Section.
P.L. 1987, ch. 564, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-10. - Enforcement.

§ 23-17.9-10. Enforcement.
The director of health shall enforce the provisions of this chapter. The director or the director’s duly 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. 1987, ch. 564, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-11. - Disposition of fees and fines.

§ 23-17.9-11. Disposition of fees and fines.
The proceeds of any fees collected pursuant to this chapter shall be deposited as general revenues.
History of Section.
P.L. 1987, ch. 564, § 1: P.L. 1988, ch. 653, § 3; P.L. 1995, ch. 370, art. 40, § 64.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-12. - Severability.

§ 23-17.9-12. Severability.
If any provision of this chapter or the application of any provision to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 1988, ch. 653, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-13. - Advisory board.

§ 23-17.9-13. Advisory board.
The director of health is authorized to appoint an advisory board to advise the director on all matters relating to this chapter. The duties, powers, and membership of the board shall be enumerated through rules and regulations promulgated by the director.
History of Section.
P.L. 1990, ch. 381, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.9 - Registration of Nursing Assistants › Section 23-17.9-14. - Adoption of regulations.

§ 23-17.9-14. Adoption of regulations.
The director is authorized to adopt regulations consistent with the provisions of this chapter, the Omnibus Budget Reconciliation Act of 1987 and the amendments and the federal regulations adopted under it. All registered nursing assistants and health care facilities subject to the provisions of this chapter must comply with the provisions of this chapter and with all the regulations adopted under this chapter, in order to obtain and/or maintain licensure/registration as a health care facility or nursing assistant.
History of Section.
P.L. 1992, ch. 435, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-1. - Definitions.

§ 23-17.10-1. Definitions.
As used in this chapter the following words, unless the context clearly requires otherwise, have the following meanings:
(1)
“Administrative penalty” means a monetary penalty not to exceed the civil penalty specified by statute or, where not specified by statute, an amount not to exceed five thousand dollars ($5,000), plus interest.
(2)
“Director” means the director of the department of health or his or her duly authorized agent.
(3)
“Health care facility” has the same meaning as contained in the regulations promulgated by the director of health pursuant to chapter 17 of this title.
(4)
“Person” means any agency or political subdivision of the state, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity or any group of them or any officer, employee, or agent of them.
(5)
“Skilled or intermediate care facility” has the same meaning as contained in regulations promulgated by the director of health pursuant to chapter 17 of this title.
History of Section.
P.L. 1988, ch. 182, § 1; P.L. 1989, ch. 543, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-2. - Authority of the director to assess penalty.

§ 23-17.10-2. Authority of the director to assess penalty.
The director may assess an administrative penalty on a person who fails to comply with any federal requirements for participation in the Medicare or Medicaid program, any provision of chapter 17 of this title as the provision relates to skilled nursing or intermediate care facilities, any provision of chapter 17.5 of this title, any rule, regulation, order, license, or approval issued or adopted by the director relating to skilled nursing or intermediate care facilities, or any rule, regulation, or order regarding the management of infectious waste in health care facilities. The penalty shall be deemed to be concurrent with any other civil penalty that may be prescribed by law.
History of Section.
P.L. 1988, ch. 182, § 1; P.L. 1989, ch. 543, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-3. - Notice of violation and assessment of penalty.

§ 23-17.10-3. Notice of violation and assessment of penalty.
Whenever the director seeks to assess an administrative penalty on any person, the director shall cause to be served upon the person, either by service, in hand, or by certified mail, return receipt requested, a written notice of its intent to assess an administrative penalty which shall include a concise statement of the alleged act or omission for which the administrative penalty is sought to be assessed, each law, rule, regulation, order, license, or approval which has not been complied with as a result of the alleged act or omission, the amount which the director seeks to assess as an administrative penalty for each alleged act or omission, a statement of the person’s right to a hearing on the proposed assessment, and the manner of payment if the person elects to pay the penalty and waive hearing.
History of Section.
P.L. 1988, ch. 182, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-4. - Right to adjudicatory hearing.

§ 23-17.10-4. Right to adjudicatory hearing.
(a)
Whenever the director seeks to assess an administrative penalty on any person, the person shall have the right to a hearing under chapter 35 of title 42, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter.
(b)
The person shall be deemed to have waived the right to a hearing unless, within ten (10) days of the date of the director’s notice that he or she seeks to assess an administrative penalty, the person files with the director a written statement denying the occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that the money amount of the proposed administrative penalty is excessive. In any hearing authorized pursuant to chapter 35 of title 42, the director shall, by preponderance of the evidence, prove the occurrence of each act or omission alleged by the director.
(c)
If a person waives his or her right to an adjudicatory hearing, the proposed administrative penalty shall be final immediately upon the waiver.
History of Section.
P.L. 1988, ch. 182, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-17.10 - Administrative Penalties › Section 23-17.10-5. - Judicial review.

§ 23-17.10-5. Judicial review.
If an administrative penalty is assessed at the conclusion of a hearing, the administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial review of the decision is commenced pursuant to chapter 35 of title 42.
History of Section.
P.L. 1988, ch. 182, § 1.