reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-31.1 - Dentists and Dental Hygienists › Section 5-31.1-37. - Persons and practices exempt.

§ 5-31.1-37. Persons and practices exempt.
The following practices, acts, and operations are exempt from the operation of this chapter:
(1)
Physicians in the regular discharge of their duties.
(2)
The operation by bona fide students of dentistry or dental hygiene in the clinical departments or the laboratory of a school of dentistry or dental hygiene approved by the American Dental Association Commission on Dental Accreditation or its designated agency or by the board of examiners in dentistry.
(3)
The practice of dentistry by licensed dentists of other states or countries while appearing and operating as bona fide clinicians or instructors in a school of dentistry or dental hygiene approved by the American Dental Association Commission on Dental Accreditation or its designated agency and by the board of examiners in dentistry.
(4)
The practice of dentistry by licensed dentists of other states or countries in conducting or making a clinical demonstration before any bona fide dental or medical society, association, or convention; provided, that the consent of the board of examiners in dentistry to the making and conducting of the clinical demonstration must be first obtained.
(5)
The practice of dentistry or dental hygiene by students of a school of dentistry or dental hygiene approved by the American Dental Association Commission on Dental Accreditation or its designated agency and under the supervision of a licensed dentist, in any public hospital, or any institution under the supervision of the state or in any program of the state department of health, with the approval of the board of examiners in dentistry and the authorities of the school, as a part of the required training of the student.
History of Section.
P.L. 1987, ch. 358, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-31.1 - Dentists and Dental Hygienists › Section 5-31.1-38. - Advertising.

§ 5-31.1-38. Advertising.
(a)
All advertising by any facility rendering dental-care services to the public shall contain the name of the dentist or dentists who either directs or owns the facility.
(b)
Any person or corporation who or that operates a dental referral service that is engaged in the business of offering to refer patients to dentists must disclose in all advertising that dentists pay a fee to the referral service to participate in the service.
History of Section.
P.L. 1999, ch. 425, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-31.1 - Dentists and Dental Hygienists › Section 5-31.1-40. - Telemedicine in the practice of dentistry.

§ 5-31.1-40. Telemedicine in the practice of dentistry.
Professionals licensed under this chapter utilizing telemedicine in the practice of dentistry are subject to the same standard of care that would apply to the provision of the same dental care service or procedure in an in-person setting.
History of Section.
P.L. 2021, ch. 184, § 4, effective July 6, 2021; P.L. 2021, ch. 199, § 4, effective July 6, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-1. - Definitions.

§ 5-32-1. Definitions.
As used in this chapter:
(1)
“Electrologist” means a person who is licensed by the department of health to perform electrolysis and/or laser hair removal.
(2)
“Electrolysis” means the method of removing hair from the human body by the application of an electrical current or any form of energy to the hair-papilla or hair germination by means of a needle or any other instrument or device to cause decomposition, coagulation, dehydration, or other form of tissue destruction, to permanently disable the hair follicle from producing hair.
(3)
“Laser” means the acronym for light amplification by stimulated emission of radiation.
(4)
“Laser hair removal” means using laser light to perform hair removal or reduction or electrolysis performed with laser light.
(5)
“Laser light” means an intense, coherent, directional beam of light produced by stimulated emission of photons.
(6)
“Medical director” means a Rhode Island licensed physician.
History of Section.
P.L. 1943, ch. 1315, § 2; G.L. 1956, § 5-32-1; P.L. 1969, ch. 166, § 1; P.L. 2019, ch. 94, § 2; P.L. 2019, ch. 129, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-2. - Penalty for unlicensed practice.

§ 5-32-2. Penalty for unlicensed practice.
Every person who subsequently engages in the practice of electrolysis in this state without being licensed by the board of examiners in electrolysis is practicing illegally and, upon conviction, shall be fined not more than one hundred dollars ($100) and every day of the continuation of illegal practice is a separate offense.
History of Section.
P.L. 1943, ch. 1315, § 3; G.L. 1956, § 5-32-2; P.L. 2015, ch. 141, art. 20, § 4; P.L. 2016, ch. 489, § 3; P.L. 2016, ch. 491, § 3; P.L. 2019, ch. 94, § 2; P.L. 2019, ch. 129, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-3. - Certificates — Applications — Penalty for violations.

§ 5-32-3. Certificates — Applications — Penalty for violations.
The division of professional regulation of the department of health shall issue certificates to practice electrolysis and laser hair removal, as defined in this chapter, to any persons who comply with the provisions of this chapter. Any person who desires to engage in that practice shall submit, in writing, in any form that is required by the board, an application for a certificate to engage in that practice. The application shall be accompanied by a fee as set forth in § 23-1-54. Any person, firm, corporation, or association violating any of the provisions of this chapter commits a misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred dollars ($200), or imprisoned for a period not to exceed three (3) months, or both the fine and imprisonment.
History of Section.
P.L. 1943, ch. 1315, § 4; impl. am. P.L. 1949, ch. 2228, § 1; G.L. 1956, § 5-32-3; P.L. 1960, ch. 76, § 15; P.L. 1969, ch. 166, § 1; P.L. 2001, ch. 77, art. 14, § 7; P.L. 2012, ch. 241, art. 9, § 6; P.L. 2019, ch. 94, § 2; P.L. 2019, ch. 129, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-4. - Qualifications of applicants.

§ 5-32-4. Qualifications of applicants.
Licenses to engage in the practice of electrolysis and laser hair removal shall be issued to the applicants who comply with the following requirements:
(1)
Are citizens or legal residents of the United States;
(2)
Have attained the age of eighteen (18) years;
(3)
Have graduated from a high school or whose education is the equivalent of a high school education;
(4)
Have satisfactorily completed a course of training and study in electrolysis, as a registered apprentice under the supervision of a licensed Rhode Island electrologist who is qualified to teach electrolysis to apprentices as prescribed in § 5-32-20, or have graduated from a school of electrolysis after having satisfactorily completed a program consisting of not less than six hundred fifty (650) hours of study and practice in the theory and practical application of electrolysis. That apprenticeship shall include at least six hundred fifty (650) hours of study and practice in the theory and practical application of electrolysis within a term of nine (9) months; provided, that the apprentice registers with the division of professional regulation of the department of health upon beginning his or her course of instruction, and the licensed person with whom they serve that apprenticeship keeps a record of the hours of that instruction, and, upon the completion of that apprenticeship, certifies that fact to the board of examiners in electrolysis;
(5)
Is of good moral character; and
(6)
Passes an examination approved by the department of health.
History of Section.
P.L. 1943, ch. 1315, § 5; G.L. 1956, § 5-32-4; P.L. 1969, ch. 166, § 1; P.L. 1996, ch. 164, § 4; P.L. 2000, ch. 174, § 1; P.L. 2015, ch. 141, art. 20, § 4; P.L. 2016, ch. 489, § 3; P.L. 2016, ch. 491, § 3; P.L. 2019, ch. 94, § 2; P.L. 2019, ch. 129, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-5. - [Repealed.]

§ 5-32-5. [Repealed.]
History of Section.
P.L. 1943, ch. 1315, § 6; Repealed by P.L. 1969, ch. 166, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-6. - Examination of applicants — Expiration and renewal of certificates.

§ 5-32-6. Examination of applicants — Expiration and renewal of certificates.
(a)
Examination of applicants for certificates shall be held at least twice a year in the city of Providence and may be held elsewhere at the discretion of the division of professional regulation of the department of health. The division has the power to adopt, change, alter, and amend rules and regulations for the conducting of those examinations, and may fix the fee for reexamination. The division shall issue to each person successfully passing the examination, where an examination is required, and who satisfies the division of his or her qualifications, a certificate, signed by the administrator of the division, entitling him or her to practice that business in this state for the annual period stated in the certificate, or until the certificate is revoked or suspended, as subsequently provided.
(b)
All certificates shall expire on the 30th day of April of each year, unless sooner suspended or revoked, and shall be renewed for the next ensuing year by the division upon payment to the division of an annual renewal fee as set forth in § 23-1-54 for each renewal.
History of Section.
P.L. 1943, ch. 1315, § 7; impl. am. P.L. 1949, ch. 2228, § 1; G.L. 1956, § 5-32-6; P.L. 1960, ch. 76, § 15; P.L. 1969, ch. 166, § 1; P.L. 1993, ch. 138, art. 71, § 3; P.L. 2000, ch. 174, § 1; P.L. 2001, ch. 77, art. 14, § 7; P.L. 2012, ch. 241, art. 9, § 6.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-7. - Certification of licensees from other states.

§ 5-32-7. Certification of licensees from other states.
Any person licensed to practice electrolysis in any other state or states, who is, or in good faith intends to become, a resident of this state, where the requirements are the equivalent of those of this state and who meets the requirements of this chapter shall be entitled to take that examination and, if he or she passes that examination, shall be, upon the payment of a fee as set forth in § 23-1-54, entitled to be licensed under the provisions of this chapter.
History of Section.
P.L. 1943, ch. 1315, § 14; G.L. 1956, § 5-32-7; P.L. 2000, ch. 174, § 1; P.L. 2001, ch. 77, art. 14, § 7; P.L. 2012, ch. 241, art. 9, § 6.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-8. - [Repealed.]

§ 5-32-8. [Repealed.]
History of Section.
P.L. 1943, ch. 1315, § 8; G.L. 1956, § 5-32-8; Repealed by P.L. 2015, ch. 141, art. 20, § 5, effective June 30, 2015.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-9. - Fixed place of business — Sanitary regulation.

§ 5-32-9. Fixed place of business — Sanitary regulation.
The practice of electrolysis shall be engaged in only in a fixed place or establishment, which place or establishment shall be provided with any instruments, implements, and equipment and subject to any sanitary regulation and inspection that the division of professional regulation of the department of health prescribes.
History of Section.
P.L. 1943, ch. 1315, § 6; G.L. 1956, § 5-32-9; P.L. 2000, ch. 174, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-10. - Advertising.

§ 5-32-10. Advertising.
No person or establishment licensed under the provisions of this chapter shall advertise by written or spoken words of a character tending to deceive or mislead the public.
History of Section.
P.L. 1943, ch. 1315, § 15; G.L. 1956, § 5-32-10; P.L. 1969, ch. 166, § 1; P.L. 1981, ch. 275, §§ 10, 11.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-11. - Display of licenses — Revocation or suspension of licenses for gross unprofessional misconduct.

§ 5-32-11. Display of licenses — Revocation or suspension of licenses for gross unprofessional misconduct.
(a)
Every license issued under this chapter shall specify the name of the person to whom it was issued and shall be displayed prominently in the place of business or employment. The division of professional regulation of the department of health has the power to revoke or suspend any license of registration issued under this chapter for gross unprofessional conduct. Gross unprofessional conduct is defined as including, but not limited to:
(1)
The use of any false or fraudulent statement in any document connected with the practice of electrolysis;
(2)
The obtaining of any fee by fraud or misrepresentation either to a patient or insurance plan;
(3)
The violation of a privileged communication;
(4)
Knowingly performing any act that in any way aids or assists an unlicensed person to practice electrolysis in violation of this chapter;
(5)
The practice of electrolysis under a false or assumed name;
(6)
The advertising for the practice of electrolysis in a deceptive or unethical manner;
(7)
Habitual intoxication or addiction to the use of drugs;
(8)
Violations of any of the rules or regulations of the state department of health, or the violation of any section of this chapter;
(9)
Gross incompetence in the practice of his or her profession; or
(10)
Repeated acts of immorality or repeated acts of gross misconduct in the practice of his or her profession.
(b)
Before any license is suspended or revoked, its holder shall be notified, in writing, of the charge or charges preferred against him or her and shall have a reasonable time to prepare his or her defense and has the right to be represented by counsel and to be heard and to present his or her defense. Any person whose license has been suspended or revoked may apply to have the license reissued and the license may be reissued to him or her upon a satisfactory showing that the cause for disqualification has ceased. The division of professional regulation of the department of health has power by its administrator to summon any person to appear as a witness and testify at any hearing of the division, to examine witnesses, administer oaths, and punish for contempt any person refusing to appear or testify. The division shall serve a copy of its decision or ruling upon any person whose license has been revoked or refused.
History of Section.
P.L. 1943, ch. 1315, § 9; impl. am. P.L. 1949, ch. 2228, § 1; G.L. 1956, § 5-32-11; P.L. 1969, ch. 166, § 1; P.L. 2000, ch. 174, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-12. - Appeals from division.

§ 5-32-12. Appeals from division.
Any person aggrieved by any decision or ruling of the division of professional regulation of the department of health may appeal that decision to the superior court in the manner provided in the administrative procedures act, chapter 35 of title 42.
History of Section.
P.L. 1943, ch. 1315, § 10; impl. am. P.L. 1949, ch. 2228, § 1; G.L. 1956, § 5-32-12.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-13. - Annual renewal of certificates.

§ 5-32-13. Annual renewal of certificates.
All certificates issued under the provisions of this chapter shall be renewed annually by the holders of the certificate at an annual renewal fee as set forth in § 23-1-54 by the division of professional regulation of the department of health.
History of Section.
P.L. 1943, ch. 1315, § 11; G.L. 1956, § 5-32-13; P.L. 1983, ch. 253, § 11; P.L. 1993, ch. 138, art. 71, § 3; P.L. 2000, ch. 174, § 1; P.L. 2001, ch. 77, art. 14, § 7; P.L. 2012, ch. 241, art. 9, § 6.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-14. - [Repealed.]

§ 5-32-14. [Repealed.]
History of Section.
P.L. 1943, ch. 1315, § 12; impl. am P.L. 1949, ch. 2228, § 1; G.L. 1956, § 5-32-14; P.L. 1995, ch. 370, art. 40, § 15; Repealed by P.L. 2000, ch. 174, § 2, effective July 13, 2000.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-15. - Receipts.

§ 5-32-15. 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. 1943, ch. 1315, § 13; G.L. 1956, § 5-32-15; P.L. 1983, ch. 253, § 11; P.L. 1989, ch. 126, art. 26, § 1; P.L. 1995, ch. 370, art. 40, § 15.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-16. - Physicians exempt from chapter.

§ 5-32-16. Physicians exempt from chapter.
The provisions of this chapter do not apply to physicians licensed to practice in the state.
History of Section.
P.L. 1943, ch. 1315, § 16; G.L. 1956, § 5-32-16; P.L. 1969, ch. 166, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-17. - [Repealed.]

§ 5-32-17. [Repealed.]
History of Section.
P.L. 1969, ch. 166, § 3; P.L. 2000, ch. 174, § 1; P.L. 2012, ch. 241, art. 9, § 6; Repealed by P.L. 2015, ch. 141, art. 20, § 5, effective June 30, 2015.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-18. - [Repealed.]

§ 5-32-18. [Repealed.]
History of Section.
P.L. 2015, ch. 141, art. 20, § 6; Repealed by P.L. 2016, ch. 489, § 5, effective July 16, 2016; P.L. 2016, ch. 491, § 5, effective July 16, 2016.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-19. - Apprenticeship register.

§ 5-32-19. Apprenticeship register.
The division of professional regulation of the department of health shall keep a register in which the names of all persons serving apprenticeships licensed under this chapter shall be recorded. This register is open to public inspection.
History of Section.
P.L. 2016, ch. 489, § 4; P.L. 2016, ch. 491, § 4.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-20. - Qualifications for teaching electrolysis.

§ 5-32-20. Qualifications for teaching electrolysis.
(a)
A person, in order to qualify as an instructor or teacher of electrolysis to apprentices, must:
(1)
Have been actively engaged as a licensed practitioner of electrolysis for at least five (5) years;
(2)
Pass a state board examination specifically designed to evaluate his or her qualifications to teach electrolysis; and
(3)
Be a high school graduate or the equivalent.
(b)
Upon satisfactorily passing this examination, the division of professional regulation of the department of health shall issue a license to the person upon the payment of a fee as set forth in § 23-1-54.
(c)
A qualified licensed electrologist shall not register more than one apprentice for each nine-month (9) training period.
History of Section.
P.L. 2016, ch. 489, § 4; P.L. 2016, ch. 491, § 4.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-32 - Electrolysis and Laser Hair Removal › Section 5-32-21. - Practice of laser hair removal.

§ 5-32-21. Practice of laser hair removal.
(a)
A person licensed as an electrologist before July 1, 2019, who has practiced laser hair removal under the supervision of a medical director for not less than two (2) years and has conducted at least one thousand (1,000) laser hair removal treatments, whichever is later, with no disciplinary complaints that were found to be actionable by the department resulting in the suspension of a license, shall be permitted to practice electrology and laser hair removal without medical director oversight. The department may reinstate the requirement to perform laser hair removal under the supervision of a medical director for a period of two (2) years as part of a disciplinary settlement; provided, however, that the department shall not require the medical director to be located on-site, but shall be available for consultation.
(b)
A person licensed as an electrologist after July l, 2019, shall practice laser hair removal only under the supervision of a medical director, who shall not be required to be located on-site, but who shall be available for consultation. A licensed electrologist, upon completion of two (2) years of practice under the supervision of a medical director, may submit an application to the department certifying the following:
(1)
Completion of two (2) years of laser hair removal treatment of patients under the oversight of a medical director;
(2)
Completion of one thousand (1,000) patient laser hair removal treatments; and
(3)
American Electrology Association Board certification.
An electrologist meeting the foregoing criteria shall be exempt from the requirement to practice laser hair removal under the supervision of a medical director. The department may reinstate the requirement to perform laser hair removal under the supervision of a medical director for a period of two (2) years as part of a disciplinary settlement; provided, however, that the medical director shall not be required to be located on-site, but shall be available for consultation.
(c)
All equipment used for laser hair removal shall comply with all applicable rules and regulations of the United States Food and Drug Administration.
(d)
An electrologist shall maintain a complete record of receipt, transfer, and disposal for each device used for electrolysis and laser hair removal, which shall be in writing or capable of reproduction in written form, and shall, at a minimum, contain the following data:
(1)
Manufacturer’s name;
(2)
Model and serial number of the device;
(3)
Date of the receipt, transfer, or disposal;
(4)
Name and address of the person the device was received from, transferred to, or to whom the device was transferred for disposal; and
(5)
Name of the person recording the information.
History of Section.
P.L. 2019, ch. 94, § 3; P.L. 2019, ch. 129, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-1. - Short title.

§ 5-33.1-1. Short title.
This chapter is known as “The Funeral Service Contracts Act.”
History of Section.
P.L. 1990, ch. 103, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-2. - “Funeral service contract” defined.

§ 5-33.1-2. “Funeral service contract” defined.
For the purposes of this chapter, a funeral service contract means a contract that requires the payment of money in exchange for the final disposition of a dead human body, including funeral, burial, or other services, or the furnishing of personal property or funeral merchandise in connection with that disposition, where the use or delivery of the services, property, or merchandise is not immediately required.
History of Section.
P.L. 1990, ch. 103, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-3. - Funeral service contracts limited to licensed firms and persons.

§ 5-33.1-3. Funeral service contracts limited to licensed firms and persons.
No person may arrange, promote, enter into, or sell any funeral service contract on behalf of a funeral service establishment unless that person is an embalmer or funeral director licensed in accordance with the provisions of chapter 33.2 of this title, or an officer of a corporation operating a funeral service establishment and which was incorporated prior to January 1, 1969.
History of Section.
P.L. 1990, ch. 103, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-5. - Disposition of funds held in escrow.

§ 5-33.1-5. Disposition of funds held in escrow.
Funds held in an escrow account in accordance with the provisions of a funeral service contract shall remain intact. Upon submission to the escrow agent of a statement that the services, personal property, and merchandise have been fully performed or delivered, subscribed and sworn to under the penalties of perjury by the director of the funeral service establishment, the escrow agent shall pay to the funeral service establishment the amounts deposited in the escrow account pursuant to the funeral service contract and all income earned on these amounts and retained in the escrow account. At performance, the charges for “funeral goods and services selected” may be adjusted to reflect current reasonable and customary charges. The additional charges are to be itemized on a second contract marked “Part II” “funeral goods and services selected” form. Excess funds are to be returned to the beneficiary within fifteen (15) days of performance of the contract. Total expenses shall not exceed the total of escrow accounts.
History of Section.
P.L. 1990, ch. 103, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-6. - Cancellation of contract.

§ 5-33.1-6. Cancellation of contract.
Any person who has entered into a funeral service contract with a funeral service establishment, upon written notice to the establishment and to the escrow agent may cancel any funeral service contract prior to the performance by the establishment. In the event of a cancellation, all money in the escrow account paid by this person, together with all accrued income, shall be returned within fifteen (15) days after the cancellation. The funeral service establishment may retain an amount equal to the costs actually and reasonably incurred in the performance of the contract; this amount shall not exceed two and one-half percent (2.5%) of the amount in the escrow account on the date the purchaser cancels the contract, or two hundred dollars ($200) whichever is greater.
History of Section.
P.L. 1990, ch. 103, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-7. - Funeral service contract not a burial insurance policy.

§ 5-33.1-7. Funeral service contract not a burial insurance policy.
A funeral service contract is not a burial insurance policy.
History of Section.
P.L. 1990, ch. 103, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-8. - Unfair trade practice.

§ 5-33.1-8. Unfair trade practice.
A violation of any of the provisions of this chapter is deemed an unfair or deceptive trade practice.
History of Section.
P.L. 1990, ch. 103, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-9. - Irrevocable funeral contract.

§ 5-33.1-9. Irrevocable funeral contract.
An irrevocable funeral contract may be entered into in which the amount held in escrow may be disbursed only upon the death of the beneficiary and that all interest accumulates to the escrow account and is also inaccessible to the beneficiary. Such irrevocable funeral contract funds only shall be transferred from one funeral service establishment to another upon request of the beneficiary and the consent of the escrow agent. The purchase of an irrevocable funeral contract shall not preclude an individual from purchasing other funeral contracts that are revocable.
History of Section.
P.L. 1990, ch. 103, § 1; P.L. 2009, ch. 310, § 30.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.1 - Funeral Service Contracts › Section 5-33.1-10. - Fines — Penalties.

§ 5-33.1-10. Fines — Penalties.
(a)
Any person, partnership, corporation, association, or his or her or its agents or representatives violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by imprisonment not exceeding six (6) months, or by a fine not exceeding five hundred dollars ($500), or both.
(b)
Any complaints for violations or appeals follow the same form and procedure as in chapter 33.2 of this title.
History of Section.
P.L. 1990, ch. 103, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-2. - Board of examiners — Qualifications and removal of members — Vacancies.

§ 5-33.2-2. Board of examiners — Qualifications and removal of members — Vacancies.
(a)
The members of the board of examiners in embalming shall be residents of this state for at least five (5) years; three (3) of whom shall have had at least five (5) years’ practical experience in embalming dead human bodies and in funeral directing, and shall have been actually engaged in these professions in this state and two (2) of whom shall be private citizens who represent the consumer and who are not involved with or affiliated with, financial or otherwise, any funeral establishment and/or funeral director/embalmer. The current members shall serve their present term as they fulfill the requirements of this section. No member shall serve more than two (2) consecutive terms.
(b)
The director of the department of health may remove any member of the board for cause. Vacancies are filled pursuant to § 5-26-4.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-3. - Rules and regulations.

§ 5-33.2-3. Rules and regulations.
The director of the department of health has the power to adopt any rules and regulations, not inconsistent with law, that he or she deems necessary, in carrying out the purposes of this chapter and for the prevention of and transmission of disease.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-4. - Unlicensed practice unlawful.

§ 5-33.2-4. Unlicensed practice unlawful.
It is unlawful for any person to engage in, conduct, or hold himself or herself out as engaged in the practice of funeral directing and/or embalming, or of preparing for or disposing of dead human remains by any means in this state or preserving in any manner, dead human bodies, in this state, unless he or she holds a funeral director/embalmer’s license issued in accordance with the provisions of this chapter. It is unlawful for any person, partnership, association, corporation, limited-liability company, or other organization to open or maintain a place or establishment at which to engage in or conduct, or hold himself, herself, or itself out as engaging in or conducting, the business of funeral directing without that place or establishment being licensed under this chapter as a funeral establishment. Notwithstanding the provisions of this section, a person under the supervision of a licensed funeral director/embalmer is allowed to: fulfill duties not specifically prohibited by this chapter, and those duties allowed by the Federal Trade Commission funeral rule.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-5. - Application for license — Application fee.

§ 5-33.2-5. Application for license — Application fee.
Any person who desires to engage in embalming or funeral directing, or both, shall submit, in writing, to the division of professional regulation, an application for a license. That application shall be accompanied by a fee set by the department of health.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-6. - Qualifications of funeral director/embalmers.

§ 5-33.2-6. Qualifications of funeral director/embalmers.
A funeral director or embalmer’s license shall be issued only to individuals, and no corporation, partnership, association, limited-liability company, or organization shall be entitled to obtain the license. In order to be entitled to a funeral director/embalmer’s license, an applicant must meet the following requirements:
(1)
Be at least eighteen (18) years of age;
(2)
Be a citizen of the United States or have lawful entry into the country;
(3)
Show to the satisfaction of the division that he or she is of good moral character;
(4)
Be a high school graduate or its equivalent;
(5)
Have graduated from a school of mortuary science accredited by the American Board of Funeral Service Education, Inc.;
(6)
Have at least an associate degree or the equivalent of sixty (60) semester hours from an approved college or university or be currently enrolled in a school accredited by the American Board of Funeral Service Education, Inc.;
(7)
Have completed a registered funeral director/embalmer internship;
(8)
Have satisfactorily passed the funeral director and embalmer portions of the written examination of the Conference of Funeral Service Examining Boards;
(9)
Have satisfactorily passed a practical examination that the board deems proper to ascertain his or her efficiency and qualifications to engage in the business of funeral directing and embalming;
(10)
All individuals holding an embalmer and/or funeral director license on November 1, 1995, will be automatically issued a funeral director/embalmer license upon payment of the required annual license renewal fee; and
(11)
The name and title of at least the funeral director/embalmer registered with the department as the licensee in charge of the funeral establishment or funeral establishment branch, shall appear in all printed advertising.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-7. - Armed forces embalming experience.

§ 5-33.2-7. Armed forces embalming experience.
Any person who has served in the armed forces of the United States and has been honorably discharged from that service, and who has, prior to his or her induction into the armed forces, completed his or her high school education and a full course of instruction in a funeral/director embalming school, as provided in § 5-33.2-6, and who had also prior to that induction commenced his or her internship, as provided in § 5-33.2-6, and who, while in the armed forces, assisted in the embalming of human bodies, shall be conclusively presumed to have been continuing that course of training during the time he or she was engaged in assisting in embalming human bodies while in the armed forces, and all bodies in the embalming of which he or she assisted while in the armed forces are deemed to have been embalmed during his or her internship, and in compliance with the provisions of § 5-33.2-6. Each person shall submit to the division proof of his or her having assisted in the embalming of bodies while in the armed forces, and of the number of bodies embalmed, by filing with the division his or her sworn affidavit of the related facts, which, in the absence of specific proof to the contrary, are presumed to be true and authentic.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-8. - Participation in burial certificate plans.

§ 5-33.2-8. Participation in burial certificate plans.
No person who has promoted or is promoting, or has participated in or is participating in, any scheme or plan in the nature of a burial association or a burial certificate plan, or in which there is any element of fraud, shall be entitled to any license under the provisions of this chapter, and the board shall revoke the license of any holder of a license who has engaged, directly or indirectly, in the practices enumerated in this chapter. Nothing contained in this section shall prevent that person from performing his or her obligations under any contract executed prior to April 25, 1952.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-9. - Cemetery operators ineligible to conduct business of funeral directing.

§ 5-33.2-9. Cemetery operators ineligible to conduct business of funeral directing.
Any person or persons, association, or corporation having charge of or conducting a cemetery shall not engage in the business of funeral directing. No funeral home will be licensed, nor be permitted to operate as a funeral home, if it is located on property owned by a cemetery or is contiguous with cemetery property.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-10. - Issuance of licenses — Expiration and renewal of licenses.

§ 5-33.2-10. Issuance of licenses — Expiration and renewal of licenses.
All licenses issued under the provisions of this chapter shall expire on the thirty-first day of December each year, unless previously suspended or revoked. The division shall keep a register in which is entered the names of all persons to whom licenses are issued under this chapter, and that register shall be open to public inspection at the office of the administrator of the division.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-11. - Display of licenses — Assignment of licenses prohibited.

§ 5-33.2-11. Display of licenses — Assignment of licenses prohibited.
Every license issued as a funeral director/embalmer shall specify the name of the person to whom it was issued, and shall be conspicuously displayed in his or her place of business or employment. Every license issued as a funeral establishment or branch office shall specify the name of the establishment as listed on the application. Licenses issued under the provisions of this chapter shall not be assignable.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-13. - Funeral establishment and branch officer — Crematories — Inspections — Denial of access.

§ 5-33.2-13. Funeral establishment and branch officer — Crematories — Inspections — Denial of access.
(a)
Any licensed funeral director/embalmer employed, authorized, and empowered by the division of professional regulation may enter any funeral establishment, funeral-establishment branch office, or crematory licensed under the provisions of this chapter, during the hours the funeral establishment, funeral-establishment branch office, or crematory is open for business, for the purpose of inspecting the sanitary conditions, complaint investigations, and ascertaining if the provisions of this chapter and the rules and regulations are being observed in the operation of the funeral establishment, funeral-establishment branch office, or crematory. The inspector may request permission from the department to be accompanied by another employee of the department of health prior to an inspection. Failure or refusal of the person in charge of that funeral establishment, funeral-establishment branch office, or crematory to permit the inspection at all reasonable times shall be deemed sufficient cause for the revocation of any license issued to the funeral establishment, funeral-establishment branch office, or crematory and any certificate of approval issued by the division.
(b)
Funeral establishments and branch offices and crematories licensed under the provisions of this chapter shall be inspected at least twice each year. Inspections shall include all areas of sanitation and public health, complaint investigations, as well as conformity with applicable section of this chapter and the rules and regulations.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-13.1. - Crematories — License and inspection.

§ 5-33.2-13.1. Crematories — License and inspection.
No crematory owned or operated by or located on property licensed as a funeral establishment or at another location or by a cemetery shall conduct cremations without first having applied for and obtained a license from the department. Applications for the crematory license shall be made on forms furnished by the division accompanied by the application fee as set forth in § 23-1-54. Upon receipt of a completed application, the department shall issue a license. A license shall be issued to a specific licensee for a specific location and is not transferable. The facility and licensee shall meet all requirements as prescribed by the rules and regulations established by the department, not inconsistent with this chapter.
History of Section.
P.L. 1995, ch. 255, § 2; P.L. 2001, ch. 77, art. 14, § 8; P.L. 2007, ch. 73, art. 39, § 6; P.L. 2012, ch. 241, art. 9, § 7.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-13.2. - Cremation of human remains.

§ 5-33.2-13.2. Cremation of human remains.
(a)(1)
Cremation shall not take place until the necessary permits and consents are issued pursuant to § 23-3-18.
(2)
A crematory shall not take custody of unidentified human remains.
(3)
Human remains designated for cremation shall be cremated without unreasonable delay.
(4)
When the crematory is unable to cremate the human remains immediately upon taking custody, the crematory shall provide a holding facility that complies with any applicable public health law and that preserves the dignity of the human remains.
(5)
Holding facilities must be secure from access by all unauthorized persons.
(6)
A crematory shall not simultaneously cremate more than one human remain within the same cremation chamber. The processing, packaging, storage, and disposition of cremated remains shall be as prescribed in the rules and regulations promulgated by the department of health division of professional regulation.
(7)
A crematory or funeral home shall be authorized to dispose of the cremated remains that have been abandoned at the crematory or funeral home for more than six (6) months. All reasonable attempts must be made and diligence exercised to contact the person in charge who authorized the cremation.
(b)
This section does not apply to the cremation of various body parts from different human bodies.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-14. - Payments for securing business prohibited.

§ 5-33.2-14. Payments for securing business prohibited.
Every funeral establishment, funeral director/embalmer, or his, her, or its agent or representatives, who pays, or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for the securing of business, and every person who accepts any sum of money or other valuable consideration, directly or indirectly, from a funeral director/embalmer or an agent or owner of a funeral establishment in order that the latter may obtain business, is guilty of a misdemeanor and upon conviction shall be punished as subsequently provided, and the certificate of any funeral director/embalmer or the license of any funeral establishment violating the provisions of this section or whose agents or servants violate these provisions, shall be revoked by the division. This section does not prohibit the funeral establishment or funeral director/embalmer from advertising.
History of Section.
P.L. 1995, ch. 255, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-33.2 - Funeral Director/Embalmer and Funeral Service Establishments › Section 5-33.2-15. - Annual renewal of licenses.

§ 5-33.2-15. Annual renewal of licenses.
All licenses issued under the provisions of this chapter must be renewed annually by their holders, who shall pay to the division a yearly renewal fee for the renewal of a funeral director/embalmer’s license, and additional fees for each funeral-establishment branch office license and for the crematory license. These fees are as set forth in § 23-1-54. On or before the fifteenth day of November in each year, the division shall mail to each licensed funeral director/embalmer and to each licensed funeral establishment, funeral-establishment branch office, and crematory an application for the renewal. Applications, accompanied by the fee for renewal, shall be filed with the division on or before the thirty-first day of December in each year. Applications filed after the thirty-first of December and on or before the fifteenth of January must be accompanied by a fee as set forth in § 23-1-54 for funeral director/embalmers and funeral establishments in addition to the previously established renewal fees. Any funeral director/embalmer who acts or holds himself or herself out as a funeral director/embalmer after his or her certificate has been lapsed shall be punished as provided in this chapter. Any funeral establishment, funeral-establishment branch office, or crematory that acts or holds itself out as a funeral establishment after its license has lapsed shall be punished as provided in this chapter.
History of Section.
P.L. 1995, ch. 255, § 2; P.L. 2001, ch. 77, art. 14, § 8; P.L. 2007, ch. 73, art. 39, § 6; P.L. 2012, ch. 241, art. 9, § 7.