reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-10. - Ride or device operator.

§ 23-34.1-10. Ride or device operator.
(a)
The ride or device operator must be at least eighteen (18) years of age and be familiar with the proper operation of the individual ride, safety precautions for each ride and shut off control procedures, provided however, that the operator of a nonmechanical ride which has no moving parts must be at least sixteen (16) years of age.
(b)
The ride or device operator shall not be under the influence of alcohol, drugs, or both, while performing operator duties.
(c)
All safety requirements pertaining to the operation of the ride or device outlined by the manufacturer must be followed. The commissioner shall ensure that all requirements are in compliance with the life safety code.
History of Section.
P.L. 1997, ch. 79, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-11. - Reporting of serious injuries or deaths occurring in connection with operation of rides or attractions.

§ 23-34.1-11. Reporting of serious injuries or deaths occurring in connection with operation of rides or attractions.
When any serious injury or any death occurs in connection with the operation of any amusement ride or attraction, the owner of the ride or attraction shall immediately report the serious injury or death to the commissioner or his or her designee. Within twenty-four (24) hours after receipt of any report, the commissioner or his or her designee shall cause an investigation of the occurrence and an inspection of the ride or attraction to determine the cause of the serious injury or death. The commissioner or his or her designee may enter into any place or upon any premises so licensed in furtherance of that investigation and inspection. Unless otherwise authorized by the director, no amusement ride or attraction subject to the provisions of this chapter may be operated or altered nor shall it be removed from the location where the serious injury or death occurred until after completion of the inspection. If the commissioner requires that the ride or attraction remain at the site, he or she shall given written notice to that further investigation is required to the owner of the ride or attraction. Notice shall also be provided to the owner of the site. In the event of death, the state shall secure the accident site and provide continuous security of the site until the commissioner, or his or her designee concludes its investigation.
History of Section.
P.L. 1997, ch. 79, § 2; P.L. 2002, ch. 317, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-12. - Annual registration and operating fees.

§ 23-34.1-12. Annual registration and operating fees.
There shall be an annual registration fee of fifty dollars ($50.00) per ride for which an annual inspection registration seal shall be provided upon certification that such ride meets the safety requirements as determined by a qualified licensed engineer. There is no fee for initial site inspections however, if the inspector is required to return to the site to re-inspect a ride, there shall be an abatement fee of twenty-five dollars ($25.00) per ride. If an inspector is required to remain on site beyond his or her normal business hours, the licensee shall pay any additional costs incurred by the state including overtime wages.
History of Section.
P.L. 1997, ch. 79, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-13. - Insurance.

§ 23-34.1-13. Insurance.
A person may not operate an amusement device or amusement attraction unless at the time of operation there is in existence:
(1)
An insurance policy in an amount of not less than one million dollars ($1,000,000) per occurrence insuring the owner or lessee against liability for injury to persons arising out of the use of the amusement device or amusement attraction; or
(2)
A bond in a like amount; however, the aggregate liability of the surety under such bond shall not exceed the face amount thereof.
The policy or bond shall be procured from one or more insurers or sureties licensed to transact business in this state or approved as surplus lines insurers. Proof of insurance or bond must be presented to the department in order to obtain a permit.
History of Section.
P.L. 1997, ch. 79, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-14. - Secretary of state to be attorney of nonresident owners of amusements.

§ 23-34.1-14. Secretary of state to be attorney of nonresident owners of amusements.
No certificate to operate or operation permit shall be issued under the provisions of this chapter to any owner not a resident of this state until such owner has appointed, in writing, the secretary of state and his or her successors in office to be his or her attorney, upon whom all process in any action or proceeding against him or her may be served; and in such writing such owner shall agree that any process against him or her which is served on said secretary shall be of the same legal force and validity as if served on the owner, and that such appointment shall continue in force as long as any liability remains outstanding against the owner in this state. Such written appointment shall be acknowledged before some other officer authorized to take acknowledgements of deeds and shall be filed in the office of said secretary, and copies certified by him or her shall be sufficient evidence of such appointment and agreement. Service upon said attorney shall be sufficient service upon the principal, and shall be made by leaving an attested copy of the process with the secretary of the state at his or her office or with any clerk having charge of the corporation department of said office. When legal process against any owner mentioned in this section is served upon the secretary of the state, he or she shall immediately notify such owner thereof by mail and shall, within two (2) days after such service, forward in the same manner a copy of the process served on him or her to such owner or to any person designated in writing by such owner. The plaintiff in the process so served shall pay to the secretary, at the time of the service, a fee of one and one-half dollars ($1.50) for each page, and in no case less than five dollars ($5.00), which shall be recovered by him or her as part of his taxable costs if he or she prevails in such suit. The secretary shall keep a record of all process served upon him or her which shall show the day and hour when such service was made.
History of Section.
P.L. 1997, ch. 79, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-15. - Penalty.

§ 23-34.1-15. Penalty.
(a)
Any violation of the provision of this chapter shall result in a revocation of the permit or certificate to operate, or both until all violations are abated.
(b)
Any person who willfully violates the provision of this chapter, or any order or regulation made pursuant to the provisions thereof shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than one (1) year or both.
History of Section.
P.L. 1997, ch. 79, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-16. - Exemption — Bazaars, fairs and circuses.

§ 23-34.1-16. Exemption — Bazaars, fairs and circuses.
Bazaars, fairs, and circuses shall not be inspected under these regulations unless, and only to the extent that such bazaars, fairs and circuses have amusement rides or devices associated with them. When a bazaar, fair or circus contains any amusement ride or device, the provisions of this chapter concerning carnivals shall apply.
History of Section.
P.L. 1997, ch. 79, § 2; P.L. 2012, ch. 415, § 25.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-17. - Advisory committee.

§ 23-34.1-17. Advisory committee.
To assist in the adoption of rules and regulations with regard to the operation of amusement rides and devices, there is hereby created an amusement ride advisory committee. The committee shall consist of seven (7) members, one (1) of whom shall be a carnival owner, one (1) of whom shall be a member of the amusement ride industry, one (1) of whom shall be a structural engineer, one (1) of whom shall be the state building commissioner or his or her designee, one (1) of whom shall be a mechanical engineer, one (1) of whom shall be the state fire marshall or his or her designee, and one (1) of whom shall be a citizen of the state of Rhode Island, all members to be appointed by the governor for a three (3) year term, and to meet on a quarterly basis or as needed by the commissioner in furtherance of the provision of this chapter.
History of Section.
P.L. 1997, ch. 79, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-34.1 - Amusement Ride Safety Act › Section 23-34.1-18. - Appointment of inspectors — Qualifications.

§ 23-34.1-18. Appointment of inspectors — Qualifications.
(a)
The advisory committee shall establish procedures for the appointment of authorized inspectors in addition to at least one of the following requirements:
(1)
Applicants must have at least ten (10) years of work experience in the field of amusement ride assembly, repair and inspection including proven work experience in the enforcement of the welding and electric codes.
(2)
Applicants who present proof of satisfactory evidence of graduation from a school offering a program of study in amusement ride assembly and inspection, must also be certified by the National Association of Amusement Ride Safety Officials (NAARSO), as Level II amusement ride safety inspectors.
(3)
Applicants must be registered as licensed mechanical or structural engineers.
(b)
All applicants who satisfy at least one of the three (3) requirements of subdivisions (a)(1) — (a)(3) of this section, and who shall pay an annual registration fee of one hundred dollars ($100), shall be placed on a rotating list of qualified inspectors.
History of Section.
P.L. 1997, ch. 79, § 2; P.L. 2002, ch. 317, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-35 - Motion Picture Projectors [Repealed.] › Section 23-35-1 - — 23-35-8. Repealed.

§ 23-35-1 — 23-35-8. Repealed.
History of Section.
P.L. 1909, ch. 447, §§ 1-5; P.L. 1909, ch. 447, § 7; P.L. 1915, ch. 1222, § 1; G.L. 1923, ch. 174, §§ 1-7; P.L. 1927, ch. 1042, § 4; G.L. 1938, ch. 358, §§ 1-7; G.L. 1956, §§ 23-35-1 — 23-35-8; Repealed by P.L. 1966, ch. 216, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-36 - Inspection and Handling of Inflammable Substances › Section 23-36-1 - — 23-36-18. Repealed.

§ 23-36-1 — 23-36-18. Repealed.
History of Section.
These sections (G.L. 1896, ch. 144, §§ 1-9; P.L. 1896, ch. 398, § 1; P.L. 1902, ch. 988, § 1; P.L. 1908, ch. 1587, § 1; G.L. 1909, ch. 50, § 21; G.L. 1909, ch. 170, §§ 1-9; G.L. 1923, ch. 51, § 21; G.L. 1923, ch. 200, §§ 1-9; G.L. 1938, ch. 333, § 21; G.L. 1938, ch. 382, §§ 1-13; P.L. 1949, ch. 2284, § 1; P.L. 1949, ch. 2284, § 2; P.L. 1949, ch. 2285, § 1; P.L. 1953 (1st s. s.), ch. 3233, § 1; P.L. 1950, ch. 2533, §§ 1-4; G.L. 1956, §§ 23-36-1 — 23-36-18; P.L. 1960, ch. 95, § 1; Repealed by P.L. 1966, ch. 216, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-37 - Powers of Fire Companies › Section 23-37-1. - Police authority of fire company officers at fire — Right of entry.

§ 23-37-1. Police authority of fire company officers at fire — Right of entry.
The chief, chief engineer, assistant engineer, captain, lieutenant, or any other executive officer of any volunteer fire company, association, fire district company, or any other organization organized or created for the purpose of extinguishing fires and preventing fire hazards, whether it is incorporated or not, and whether it is a paid department or not, when on duty at a fire in the city or town where the fire headquarters or station of the company, association, or organization is located or in response to an alarm for such a fire shall, in the absence of the chief of police, have the power to suppress any tumult or disorder and to command from the inhabitants of the city or town all needful assistance for the suppression of fires and in the preservation of property exposed to fire; the officers above enumerated shall also have authority to go onto and enter any property or premises and to do whatever may reasonably be necessary in the performance of their duties while engaged in the work of extinguishing any fire or performing any duties incidental thereto.
History of Section.
P.L. 1929, ch. 1386, § 1; G.L. 1938, ch. 360, § 1; G.L. 1956, § 23-37-1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-37 - Powers of Fire Companies › Section 23-37-2. - Penalty for disobedience of or interference with firefighters.

§ 23-37-2. Penalty for disobedience of or interference with firefighters.
Any person who shall neglect or refuse to render assistance when lawfully called upon to do so by any of the officers listed in § 23-37-1 at a fire, or who shall refuse to obey any lawful order of those officers, or interfere with any officer or person connected with any fire fighting organization enumerated in § 23-37-1, while on duty at a fire, shall pay for each offense a fine not exceeding twenty dollars ($20.00), or shall be imprisoned for a term of not more than thirty (30) days, either or both, at the discretion of the court.
History of Section.
P.L. 1929, ch. 1386, § 1; G.L. 1938, ch. 360, § 1; G.L. 1956, § 23-37-2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-37 - Powers of Fire Companies › Section 23-37-3. - Injuring property of fire company.

§ 23-37-3. Injuring property of fire company.
Any person who shall wantonly or maliciously cut or otherwise injure any hose or apparatus belonging to or used by any fire department, company, association, or other organization organized for the purpose of and engaged in the suppression of fires, whether incorporated or not, shall be subject to a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars ($200), or shall be imprisoned for a term of not more than thirty (30) days, either or both, at the discretion of the court.
History of Section.
P.L. 1929, ch. 1386, § 2; G.L. 1938, ch. 360, § 2; G.L. 1956, § 23-37-3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-37 - Powers of Fire Companies › Section 23-37-4. - Unauthorized obstruction of hydrants.

§ 23-37-4. Unauthorized obstruction of hydrants.
Any person who shall obstruct or interfere with the use of any fire hydrant in any town, or city, by piles of lumber, building material, articles of merchandise, the excavation or removal of buildings, dirt or rubbish, or in any other way or manner, unless by permission of the town or city council, shall pay a fine not exceeding twenty dollars ($20.00) for each offense. Every day that the interference or obstruction shall continue shall be regarded as a separate offense; provided, however, that the permission herein required of the town or city council may be lawfully obtained from the commissioner or director of public works or any other officer of any city or town whenever he or she may be so duly authorized by law.
History of Section.
P.L. 1929, ch. 1386, § 3; G.L. 1938, ch. 360, § 3; G.L. 1956, § 23-37-4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-38 - Degradable Connectors and Non-Detachable Metal Openers for Beverage Containers › Section 23-38-1. - Definitions.

§ 23-38-1. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(1)
“Connector” means a holding device constructed of plastic rings and used to hold several beverage containers together, or other similar plastic device used for the same purpose.
(2)
“Degradable material” means material that, upon exposure to natural elements, is broken down by biological, chemical, photochemical, or other physical processes to a particle size and chemical composition that may be assimilated harmlessly and aesthetically into the environment, without leaving a hazardous residue or byproduct.
History of Section.
P.L. 1986, ch. 365, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-38 - Degradable Connectors and Non-Detachable Metal Openers for Beverage Containers › Section 23-38-2. - Connectors for beverage containers required to be degradable.

§ 23-38-2. Connectors for beverage containers required to be degradable.
No person shall sell or offer to sell in this state beverage containers that are held together by connectors, unless the connectors are made of degradable material.
History of Section.
P.L. 1986, ch. 365, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-38 - Degradable Connectors and Non-Detachable Metal Openers for Beverage Containers › Section 23-38-2.1. - Metal beverage container rings or tabs required to be nondetachable.

§ 23-38-2.1. Metal beverage container rings or tabs required to be nondetachable.
No beverage shall be sold, offered for sale, or distributed within the state in a metal container designed and constructed so that the container is opened by detaching a metal ring or tab, except if the tab is made of tape, foil, or other soft material.
History of Section.
P.L. 1989, ch. 289, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-38 - Degradable Connectors and Non-Detachable Metal Openers for Beverage Containers › Section 23-38-2.2. - Readily removable caps, lids, or rings.

§ 23-38-2.2. Readily removable caps, lids, or rings.
(a)
No beverage shall be sold, offered for sale, or distributed within the state in a plastic container composed of more than one resin, excluding the cap, lid, or ring for the container. The cap, lid, or ring of the container shall be readily removable from the body of the container.
(b)
This section shall not apply to containers that are recycled or can be demonstrated to be recyclable, or if the manufacturer can show that more than one resin is necessary to preserve product integrity.
(c)
The department of environmental management shall promulgate rules and regulations pertaining to this section.
History of Section.
P.L. 1989, ch. 210, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-38 - Degradable Connectors and Non-Detachable Metal Openers for Beverage Containers › Section 23-38-3. - Penalty for violation.

§ 23-38-3. Penalty for violation.
A person who violates this chapter shall be deemed guilty of a violation and shall be fined not more than two hundred fifty dollars ($250). Each day that the violation continues or exists shall constitute a separate offense.
History of Section.
P.L. 1986, ch. 365, § 1; P.L. 1997, ch. 326, § 44.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-2. - Definitions.

§ 23-39-2. Definitions.
As used in this chapter:
(1)
“Board” means the administrative board of respiratory care;
(2)
“Department” means the Rhode Island department of health;
(3)
“Director” means the director of the Rhode Island health department;
(4)
“Division” means the division of professional regulation;
(5)
“Respiratory care” (including respiratory therapy and inhalation therapy) means a health professional, under qualified medical direction, employed in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the cardiopulmonary system and associated aspects of other system function;
(6)
“Respiratory care practitioner” means a person who is licensed to practice respiratory care in Rhode Island. The respiratory care practitioner may transcribe and implement a physician’s written and verbal orders pertaining to the practice of respiratory care as defined in this chapter; and
(7)
“Respiratory care training program” means a program accredited or recognized by the commission on accreditation of allied health education programs in collaboration with the committee on accreditation for respiratory care or any other accrediting agency that may be approved by the board.
History of Section.
P.L. 1986, ch. 428, § 1; P.L. 2000, ch. 172, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-3. - Purpose.

§ 23-39-3. Purpose.
The purpose of this chapter is to safeguard the public health, safety, and welfare by licensing and regulating persons engaged in the practice of respiratory care within the state.
History of Section.
P.L. 1986, ch. 428, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-4. - License required.

§ 23-39-4. License required.
(a)
No person shall practice respiratory care or represent himself or herself to be a respiratory care practitioner unless that person is licensed under this chapter, except as otherwise provided by this chapter.
(b)
Nothing in this chapter is intended to limit, preclude, or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of Rhode Island, self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner, or respiratory care services in case of an emergency.
(c)
This chapter does not prohibit a person enrolled in a respiratory care training program from performing those duties essential for completion of a student’s clinical service; provided, that the duties are performed under the supervision or direction of a physician or licensed respiratory care practitioner and the person is identified as a “student respiratory care practitioner.”
History of Section.
P.L. 1986, ch. 428, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-5. - Board created.

§ 23-39-5. Board created.
(a)
Within the division of professional regulation of the health department shall be a board of respiratory care consisting of five (5) members as follows:
(1)
One physician licensed in the state who is knowledgeable in respiratory care;
(2)
Three (3) licensed respiratory care practitioners;
(3)
One public member who is a resident of Rhode Island. The public member shall not have been licensed as a respiratory care practitioner nor shall he or she have any financial interest, direct or indirect, in the occupation regulated.
(b)
The director of the department of health, with the approval of the governor, within sixty (60) days following November 1, 1986, shall appoint one board member for a term of one year; two (2) for a term of two (2) years; and two (2) for a term of three (3) years. Appointments made thereafter shall be for three-year terms but no person shall be appointed to serve more than two (2) consecutive terms.
(c)
The director, in his or her initial appointment, shall appoint as the respiratory care practitioner one of the members of the board or a person currently practicing as respiratory care practitioners in Rhode Island.
(d)
The board shall meet during the first month of each calendar year to select a chairperson and for other purposes. At least one additional meeting shall be held before the end of each calendar year. Other meetings may be convened at the call of the chairperson, the administrator of professional regulation, or upon the written request of any two (2) board members.
(e)
In the event of a vacancy in one of the positions, the director of the department of health, with the approval of the governor, may appoint a person who shall fill the unexpired term.
History of Section.
P.L. 1986, ch. 428, § 1; P.L. 1988, ch. 84, § 23.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-6. - Board duties.

§ 23-39-6. Board duties.
The duties of the board shall be as follows:
(1)
To evaluate the qualifications of applicants and review the required examination results administered by a testing agency approved by the board;
(2)
To recommend issue of licenses to applicants who meet the requirements of this chapter;
(3)
To administer, coordinate, and enforce the provision of this chapter and investigate persons engaging in practices which may violate the provisions of this chapter;
(4)
To deny, or revoke licenses to practice respiratory care as provided in this chapter;
(5)
To annually review the exam accepted by the board; and
(6)
To recommend to the director adoption of rules and regulations.
History of Section.
P.L. 1986, ch. 428, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-7. - Licensing by training and examination.

§ 23-39-7. Licensing by training and examination.
(a)
Any person desiring to become licensed as a respiratory care practitioner shall make application to the board on a written form in the manner that the board prescribes, pay all required application fees, and certify and furnish evidence to the board that the applicant:
(1)
Has successfully completed a training program as defined in this chapter;
(2)
Has passed the examination approved by the board, as specified by rules and regulations of the department, for respiratory care practitioners administered by a nationally recognized organization for respiratory care; and
(3)
Is of good moral character.
(b)
Respiratory care providers who are licensed or otherwise regulated to practice under laws of another state or territory or the District of Columbia may, upon receiving an authorization from the division, perform as a respiratory care practitioner under the supervision of a qualified and licensed respiratory care practitioner. If the applicant fails to receive licensure when the board reviews the application, all mentioned privileges shall automatically cease.
History of Section.
P.L. 1986, ch. 428, § 1; P.L. 2000, ch. 172, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-8. - Repealed.

§ 23-39-8. Repealed.
History of Section.
P.L. 1986, ch. 428, § 1; Repealed by P.L. 1989, ch. 542, § 64, effective July 10, 1989.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-9. - Other licensing provisions.

§ 23-39-9. Other licensing provisions.
(a)(1) Graduate Practice.
Every graduate of a board approved respiratory care school who has filed a respiratory care practitioner application may, upon receiving a receipt from the division of professional regulation, perform as a respiratory care practitioner under the supervision of a respiratory care practitioner licensed in this state.
(2)
During this period the applicant shall identify himself or herself only as a “graduate respiratory care practitioner.”
(3)
If the applicant shall fail to take the examination within ninety (90) days from effective date of graduate status, without due cause or fail to pass the examination and receive a license, all privileges described in subsection (a)(1) shall automatically cease.
(b)
Unless licensed as a respiratory care practitioner under the respiratory care act, no person shall use any title or abbreviation to indicate that the person is a licensed respiratory care practitioner.
(c)
Verification of a valid license issued pursuant to this chapter shall be available at the respiratory care practitioner’s place of employment.
(d)
Licenses, including initial licenses, shall be issued for a period of two (2) years.
(e)
License renewal dates will be set by the division.
(f)
Applicants and biennial licensure shall meet the continuing education requirements as prescribed by the director of health.
History of Section.
P.L. 1986, ch. 428, § 1; P.L. 1997, ch. 326, § 45; P.L. 2000, ch. 172, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-10. - Inactive status.

§ 23-39-10. Inactive status.
(a)
Upon request, the division shall grant inactive status to a licensee who does not intend to practice his or her profession within this state during the period covered by the inactive status. The person may be reinstated without payment of a penalty fee upon application and presentation of evidence of completion of these requirements. The person must pay the current license renewal fee.
(b)
Upon reinstatement to active status, a licensee must show proof of having completed continuing education during the two (2) years immediately preceding reinstatement in such amount as may be prescribed by rules and regulations.
History of Section.
P.L. 1986, ch. 428, § 1; P.L. 2000, ch. 172, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-11. - Fees.

§ 23-39-11. Fees.
(a)
The director, in consultation with the board, shall establish a schedule of reasonable fees for licenses, and for renewal of licenses for respiratory care practitioners.
(b)
The initial application fee shall be as set forth in § 23-1-54.
(c)
A biennial license renewal fee shall be established in an amount as set forth in § 23-1-54.
History of Section.
P.L. 1986, ch. 428, § 1; P.L. 2001, ch. 77, art. 14, § 33; P.L. 2007, ch. 73, art. 39, § 34; P.L. 2012, ch. 241, art. 9, § 47.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-12. - Denial, suspension, revocation, and reinstatement of licenses.

§ 23-39-12. Denial, suspension, revocation, and reinstatement of licenses.
The board may refuse to issue or may suspend or revoke any license in accordance with the procedures set forth in the Administrative Procedures Act, chapter 35 of title 42, for any of the following causes:
(1)
Fraud in the procurement of any license under this chapter;
(2)
Imposition of any disciplinary action upon a person by any agency of another state which regulates respiratory care but not to exceed the period or extent of that action;
(3)
Conviction of a crime which substantially relates to the qualifications, functions or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction;
(4)
Impersonating or acting as a proxy for an applicant in any examination given under this chapter;
(5)
Habitual or excessive use of intoxicants or drugs;
(6)
Gross negligence in his or her practice as a respiratory care practitioner;
(7)
Violating any of the provisions of this chapter or any rules or regulations duly adopted under this chapter or aiding or abetting any person to violate the provisions of or any rules or regulations adopted under this chapter;
(8)
Engaging in acts of unprofessional conduct as defined by rule and regulation; or
(9)
Committing any fraudulent, dishonest or corrupt act which is substantially related to the qualifications, functions, or duties of a respiratory care practitioner.
History of Section.
P.L. 1986, ch. 428, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-13. - Receipts.

§ 23-39-13. 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. 1986, ch. 428, § 1; P.L. 1995, ch. 370, art. 40, § 81.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-14. - Penalties — Action to enforce chapter.

§ 23-39-14. Penalties — Action to enforce chapter.
(a)
A violation of any provision of this chapter shall be deemed a misdemeanor.
(b)
The department may bring a civil action in any district court to enforce any provision of this chapter.
History of Section.
P.L. 1986, ch. 428, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-39 - Respiratory Care Act › Section 23-39-15. - Severability.

§ 23-39-15. Severability.
If a part of this chapter is held unconstitutional or invalid, all valid parts that are severable from the invalid or unconstitutional part shall remain in effect. If a part of this chapter is held unconstitutional or invalid in one or more of its applications, the part shall remain in effect in all constitutional and valid applications that are severable from the invalid applications.
History of Section.
P.L. 1986, ch. 428, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-43.3 - Licensing of Facilities and Programs for the Alcoholic, Drug Abuser, Mentally ILL and the Mentally Retarded › Section 23-43.3-1 - — 23-43.3-18. [Transferred.]

§ 23-43.3-1 — 23-43.3-18. [Transferred.]
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-1. - Definitions.

§ 23-59-1. Definitions.
As used in this chapter:
(1)
“Continuing care” means providing or committing to provide board, lodging, and nursing services to an individual, other than an individual related by blood or marriage: (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and (ii) in consideration of the payment of an entrance fee and/or periodic charges. A contract shall be deemed to be one offering nursing services, irrespective of whether such services are provided under the contract, if nursing services are offered to the resident entering the contract either at the facility in question or pursuant to arrangement specifically offered to residents of the facility.
(2)
“Department” means the Rhode Island state department of health.
(3)
“Entrance fee” means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. A fee which is less than the sum of the regular periodic charges for one year of residency shall not be considered to be an entrance fee.
(4)
“Facility” means the place or places in which a person undertakes to provide continuing care to an individual.
(5)
“Provider” means any person, corporation, partnership, or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this state. Two or more related individuals, corporations, partnerships, or other entities may be treated as a single provider if they cooperate in offering services to the residents of a facility.
(6)
“Resident” means an individual entitled to receive continuing care in a facility.
(7)
“Solicit” means all actions of a provider or the provider’s agent in seeking to have individuals enter into continuing care agreement by any means such as, but not limited to, personal, telephone, or mail communication or any other communication directed to and received by an individual, and any advertisements in any media distributed or communicated by any means to individuals.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-2. - Registration.

§ 23-59-2. Registration.
(a)
Except as provided in § 23-59-13, no provider shall engage in the business of providing or offering to provide continuing care at a facility in this state unless the provider has registered with the department with respect to the facility.
(b)
A registration statement shall be filed with the department by the provider on forms prescribed by the department and shall include:
(1)
All information required by the department pursuant to its enforcement of this chapter; and
(2)
The initial disclosure statement required by § 23-59-3.
(c)
Registration shall be deemed complete if the department has not notified the provider of incompleteness within ninety (90) days of the filing.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-4. - Availability of disclosure statement to prospective residents.

§ 23-59-4. Availability of disclosure statement to prospective residents.
At least three (3) days prior to the execution of a continuing care contract or the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever first occurs, the provider shall deliver to the person with whom the contract is to be entered into a copy of a disclosure statement with respect to the facility in question meeting all requirements of this chapter as of the date of its delivery.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-5. - Annual disclosure statements.

§ 23-59-5. Annual disclosure statements.
(a)
Within four (4) months following the end of the provider’s fiscal year, each provider shall file with the department and make available by written notice to each resident at no cost an annual disclosure statement which shall contain the information required for the initial disclosure statement set forth in § 23-59-3.
(b)
The annual disclosure statement shall also be accompanied by a narrative describing any material differences between:
(1)
The prior fiscal year’s pro forma income statement, and
(2)
The actual results of operations during that fiscal year.
(c)
The annual disclosure statement shall describe the disposition of any real property acquired by the provider from residents of the facility.
(d)
In addition to filing the annual disclosure statement, the provider shall amend its currently filed disclosure statement at any other time if, in the opinion of the provider, an amendment is necessary to prevent the disclosure statement from containing any material misstatement of fact or failing to state any material fact required to be stated therein. Any amendment or amended disclosure statement shall be filed with the department before it is delivered to any resident or prospective resident and is subject to all the requirements of this chapter and the provider shall notify each resident of the existence of the amendment or amended disclosure statement.
(e)
If the department determines that the disclosure statement does not comply with the provisions of this chapter, it shall have the right to take action pursuant to § 23-59-16.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-7. - Sale or transfer of ownership or change in management.

§ 23-59-7. Sale or transfer of ownership or change in management.
(a)
No provider and no person or entity owning a provider shall sell or transfer, directly or indirectly, more than fifty percent (50%) of the ownership of the provider or of a continuing care facility without giving the department written notice of the intended sale or transfer at least thirty (30) days prior to the consummation of the sale or transfer. A series of sales or transfers to one person or entity, or one or more entities controlled by one person or entity, consummated within a six (6) month period that constitutes, in the aggregate, a sale or transfer of more than fifty percent (50%) of the ownership of a provider or of a continuing care facility shall be subject to the foregoing notice provisions.
(b)
A provider or continuing care facility that shall change its chief executive officer, or its management firm if managed under a contract with a third party, shall promptly notify the department and the residents of each change of chief executive officer or management firm.
History of Section.
P.L. 1987, ch. 101, § 1; P.L. 1997, ch. 326, § 92.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-8. - Financial instability.

§ 23-59-8. Financial instability.
The department may act as authorized by § 23-59-16 to protect residents or prospective residents when the department determines that:
(1)
A provider has been or will be unable, in such a manner as may endanger the ability of the provider to fully perform its obligations pursuant to its continuing care contracts, to meet the pro forma income or cash flow projections previously filed by the provider; or
(2)
A provider is bankrupt, insolvent, under reorganization pursuant to federal bankruptcy laws, or in imminent danger of becoming bankrupt or insolvent.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-9. - Waivers.

§ 23-59-9. Waivers.
No act, agreement, or statement of any resident or by an individual purchasing care for a resident under any agreement to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the individual purchasing care for the resident.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-10. - Untrue, deceptive, or misleading advertising.

§ 23-59-10. Untrue, deceptive, or misleading advertising.
The provisions of chapter 13.1 of title 6 shall apply to all providers.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-11. - Right of residents to organize — Meetings.

§ 23-59-11. Right of residents to organize — Meetings.
(a)
Residents shall have the right of self-organization. No retaliatory conduct shall be permitted against any resident for membership or participation in a residents’ organization. The provider shall be required to provide to the organization a copy of all submissions to the department.
(b)
The board of directors, its designated representative, or other such governing body of a continuing care facility shall hold meetings at least quarterly with the residents or representatives elected by the residents of the continuing care facility for the purpose of free discussion of issues relating to the facility. Such issues may include income, expenditures, and financial matters as they apply to the facility and proposed changes in policies, programs, facilities, and services. Residents shall be entitled to seven (7) days’ notice of each meeting.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-12. - Civil liability.

§ 23-59-12. Civil liability.
(a)
A person contracting with a provider for continuing care may terminate the continuing care contract, and the provider shall be liable to the person contracting for continuing care for repayment of all fees paid to the provider, facility, or person violating this chapter, together with interest thereon at the legal rate for judgments, court costs, and reasonable attorney’s fees, less the reasonable value of care and lodging provided to the resident prior to the termination of the contract and for damages if after June 18, 1987 the provider or a person acting on the provider’s behalf, with or without actual knowledge of the violation, entered into a contract with the person:
(1)
For continuing care at a facility which has not registered under this chapter;
(2)
Without having first provided to the person a disclosure statement meeting the requirements of this chapter and not omitting a material fact required to be stated therein or necessary in order to make the statements made therein not misleading, in light of the circumstances under which they are made; or
(3)
If the contract does not meet the requirements of § 23-59-6.
(b)
A person who willfully or recklessly aids or abets a provider in any act prohibited by this section shall be liable as set out in subsection (a) of this section.
(c)
The department shall have no jurisdiction to adjudicate controversies concerning continuing care contracts. A breach of contract shall not be deemed a violation of this chapter. Termination of a contract pursuant to subsection (a) shall not preclude the resident’s seeking any other remedies available under any law.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-13. - Special provisions for existing providers — Rights of residents with certain existing providers.

§ 23-59-13. Special provisions for existing providers — Rights of residents with certain existing providers.
(a)
Providers existing prior to June 18, 1987 shall comply with this chapter’s provisions within six (6) months of that date. However, the department may extend the period within which an existing facility shall comply with this chapter for an additional six (6) months, for good cause shown.
(b)
Continuing care contracts entered into prior to June 18, 1987 or prior to registration of the provider shall be valid and binding upon both parties in accordance with their terms.
History of Section.
P.L. 1987, ch. 101, § 1; P.L. 1997, ch. 326, § 46.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-14. - Rules and regulations.

§ 23-59-14. Rules and regulations.
(a)
The department shall have the authority to adopt, amend, or repeal rules and regulations that are reasonably necessary for the enforcement of the provisions of this chapter. The department may issue regulations setting forth those transactions which shall require the payment of fees by a provider and the fees which shall be charged.
(b)
Any provider may be given a reasonable time, not to exceed one hundred twenty (120) days from the date of publication of any applicable rules and regulations or amendments thereto adopted pursuant to this chapter, within which to comply with the rules and standards.
History of Section.
P.L. 1987, ch. 101, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-59 - Continuing Care Provider Registration and Disclosure › Section 23-59-15. - Investigations and subpoenas.

§ 23-59-15. Investigations and subpoenas.
(a)
The department may make public or private investigations within or outside of this state it deems necessary to determine whether any person has violated any provision of this chapter or any rule, regulation, or order promulgated by the department.
(b)
For the purpose of any investigation or proceeding under this chapter, the department or any officer designated by it may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the department deems relevant or material to the inquiry.
History of Section.
P.L. 1987, ch. 101, § 1.