reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-15. - Providing a physician for New Shoreham.

§ 23-1-15. Providing a physician for New Shoreham.
Whenever it appears that the town of New Shoreham does not have a duly licensed physician in attendance, the director of health, with the approval of the governor, may request duly qualified state physicians from any department within the state government to accept assignment to be in residence there and to serve the people of the town of New Shoreham in the general practice of medicine. The town of New Shoreham shall provide the doctor with suitable living quarters and office facilities including light and heat free of charge, and the doctor shall charge regular fees for his or her services and shall account for the fees to the director of health. In addition to the regular remuneration being paid that doctor by the state at the time of the assignment, the doctor shall also receive a percentage of all fees collected by him or her that in the discretion of the director of health shall be deemed reasonable, and the proceeds of the remaining fees shall be paid to the general treasurer and become part of the general fund of the state.
History of Section.
P.L. 1962, ch. 168, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-16. - Receipt and use of funds.

§ 23-1-16. Receipt and use of funds.
(a)
The state department of health shall have authority to receive and expend any funds which may become available from the federal government for public health purposes whenever it is so authorized by the governor. The department of health, with the approval of the governor, shall have authority:
(1)
To meet those federal requirements with respect to the administration of those funds that may be set forth as conditions precedent to receiving those federal funds;
(2)
To enter into and execute contracts to perform services for which the state may be compensated from the federal government for public health services, and
(3)
To meet federal requirements with respect to the execution of public health services contracts between the federal government and the state.
(b)
To carry out the purposes of this chapter, the department of health, with the approval of the governor, shall also have the authority to receive and expend monies from any other sources, public or private, including but not limited to legislative enactments, bond issues, gifts, devises, grants, bequests, or donations. The department of health, with the approval of the governor, is authorized to enter into any contracts necessary to obtain and expend those funds.
(c)
All monies received by the state department of health from any federal agency, department, or any other source, as provided in this section, shall be paid into the state treasury and shall be for the use of the department of health. The monies so received shall be used solely for the purposes for which the grant or grants shall have been made and for no other purpose.
History of Section.
P.L. 1964, ch. 16, § 1; P.L. 1974, ch. 65, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-16.1. - Letters of license verification — Fees.

§ 23-1-16.1. Letters of license verification — Fees.
(a)
There shall be a fee, to be paid by the individual or entity making the request as set forth in § 23-1-54, for any letter issued by the department verifying a license which was issued by the department; and
(b)
The proceeds of any fees collected pursuant to the provisions of this chapter shall be paid into the state treasury and shall be for the use of the department of health to offset the costs of issuing the license verification letters.
History of Section.
P.L. 2012, ch. 241, art. 9, § 48.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-17. - Additional general powers.

§ 23-1-17. Additional general powers.
(a)
In addition to the other powers given to the director of health or the department of health by other provisions of the general laws, and in order to permit the director to properly perform the duties given to him or her by the general assembly, and to enforce the rules and regulations the director is authorized to promulgate and adopt, the director is further authorized to promulgate and adopt rules and regulations for the establishment of information collection, minimum sanitary requirements, and other duties given to the director by § 23-1-1 or by any other provision of law, and to enforce those rules and regulations. The director is further authorized to issue licenses or permits, and to revoke, suspend, or annul them, to aid in the enforcement of those rules and regulations.
(b)
In the event of a public health emergency, the director is authorized to grant a temporary Rhode Island healthcare provider license for a period not to exceed ninety (90) days and limited to those healthcare providers who hold an active valid license in another state. The director is authorized to promulgate and adopt rules and regulations to establish a process for this temporary emergency license.
History of Section.
P.L. 1966, ch. 109, § 1; P.L. 1967, ch. 61, § 1; P.L. 2010, ch. 51, § 1; P.L. 2010, ch. 67, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-19. - Inspection and examination — Penalty for obstruction.

§ 23-1-19. Inspection and examination — Penalty for obstruction.
(a)
The director is authorized to enter, examine, or survey at any reasonable time those places that he or she considers necessary to carry out his or her responsibilities under this chapter or under other provisions of law.
(b)
Any person who willfully impedes or obstructs an inspection, examination, or survey by the director shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than thirty (30) days, or both.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-20. - Compliance order.

§ 23-1-20. Compliance order.
Whenever the director determines that there are reasonable grounds to believe that there is a violation of any law administered by him or her or of any rule or regulation adopted pursuant to authority granted to him or her, the director may give notice of the alleged violation to the person responsible for it. The notice shall be in writing, shall set forth the alleged violation, shall provide for a time within which the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the director within ten (10) days after service of the notice. The notice will be deemed properly served upon a person if a copy of the notice is served upon him or her personally, or sent by registered or certified mail to the last known address of that person, or if that person is served with notice by any other method of service now or later authorized in a civil action under the laws of this state. If no written request for a hearing is made to the director within ten (10) days of the service of notice, the notice shall automatically become a compliance order.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-21. - Immediate compliance order.

§ 23-1-21. Immediate compliance order.
Whenever the director determines that there exists a violation of any law, rule, or regulation within the jurisdiction of the director which requires immediate action to protect the health, welfare, or safety of the public or any member of the public, the director may, without prior notice of violation or hearing, issue an immediate compliance order stating the existence of the violation and the action he or she deems necessary. The compliance order shall become effective immediately upon service or within the time specified by the director in the order. No request for a hearing on an immediate compliance order may be made.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-22. - Hearing.

§ 23-1-22. Hearing.
If a person upon whom a notice of violation has been served under the provisions of § 23-1-20 or if a person aggrieved by any notice of violation requests a hearing before the director within ten (10) days of the service of notice of violation, the director shall set a time and place for the hearing, and shall give the person requesting a hearing at least five (5) days written notice of the hearing. After the hearing, the director may make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in § 23-1-20. The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in that order.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-23. - Enforcement of compliance orders.

§ 23-1-23. Enforcement of compliance orders.
Whenever a compliance order has become effective, whether automatically where no hearing has been requested, where an immediate compliance order has been issued, or upon decision following a hearing, the director may institute injunction proceedings in the superior court of the state for enforcement of the compliance order and for appropriate temporary relief, and in the proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order, except that the director shall bear the burden of proving in the proceeding the correctness of an immediate compliance order. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-24. - Review by supreme court.

§ 23-1-24. Review by supreme court.
Any party aggrieved by a final judgment of the superior court may, within thirty (30) days from the date of entry of the judgment, petition the supreme court for a writ of certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-25. - Penalties.

§ 23-1-25. Penalties.
Unless another penalty is provided by the laws of this state, any person who violates any law administered by the director or any rule or regulation adopted pursuant to authority granted to the director shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than thirty (30) days, or both, and for violation of a compliance order of the director by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ninety (90) days, or both, for each offense or violation, and each day’s failure to comply with any such law, rule, regulation, or order shall constitute a separate offense.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-26. - Adoption of regulations — Status of present regulations.

§ 23-1-26. Adoption of regulations — Status of present regulations.
Notwithstanding the provisions of chapter 35 of title 42, rules or regulations adopted by the director on or before December 31, 1966 and pursuant to authority granted to the director by law shall become effective twenty (20) days after filing those rules or regulations in the office of the secretary of state. The director shall hold a hearing on those rules and regulations, after reasonable notice, if within six (6) months of the adoption of the rules or regulations any interested person requests a hearing. At that hearing, all interested persons shall be given an opportunity to submit data, views, or arguments, orally or in writing, relative to the rules or regulations. Rules or regulations filed with the secretary of state under this section shall remain in effect notwithstanding that hearing, but following a hearing the director may file amendments to the rules or regulations as he or she deems advisable, those amendments to become effective twenty (20) days after filing. All rules and regulations of the director in effect on July 1, 1966 shall remain in full force and effect after that date unless expressly repealed by the director or by any provision of this chapter.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-27. - Exemption from hearing provisions of Administrative Procedures Act.

§ 23-1-27. Exemption from hearing provisions of Administrative Procedures Act.
The provisions of §§ 42-35-9 through 42-35-18 shall not apply to this chapter.
History of Section.
P.L. 1966, ch. 109, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-28. - Definitions.

§ 23-1-28. Definitions.
The following definitions apply in the interpretation of the provisions of this chapter:
(1)
“Director” means the director of health of the state or his or her duly authorized agent.
(2)
“Food” means:
(i)
Articles used for food or drink for people or other animals;
(ii)
Chewing gum; and
(iii)
Articles used for components of any such article.
(3)
“Food business” includes any establishment or place, whether fixed or mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served, transported, or sold.
(4)
“Person” includes any individual, group of individuals, firm, corporation, association, partnership or private or public entity, including a district, county, city, town, or other governmental unit or its agent, and in the case of a corporation, any individual having active and general supervision of the properties of that corporation.
(5)
“Service” upon a corporation under §§ 23-1-20 and 23-1-21 is deemed to include service upon both the corporation and upon the person having active and general supervision of the properties of the corporation.
History of Section.
P.L. 1966, ch. 109, § 1; P.L. 1967, ch. 61, § 1; P.L. 1971, ch. 42, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-29. - Delegation.

§ 23-1-29. Delegation.
(a)
The director may from time to time designate in writing any person in any department of the state government or any official of a district, county, city, town, or other governmental unit, with that official’s consent, to enforce any rule and regulation promulgated and adopted by the director under the provisions of this chapter.
(b)
For the purposes of this chapter, the building inspector of the city of Warwick is designated the duly authorized agent of the director and is vested with all the duties, powers, and authority granted to the director by § 23-1-19 and is authorized to exercise them only in the enforcement of minimum standards for the operation and maintenance of refuse disposal facilities or projects situated in the city of Warwick as standards are promulgated by the director of health in accordance with the provisions of this chapter.
(c)
Whenever the building inspector of the city of Warwick determines that there are reasonable grounds to believe that there is a violation of any law administered by him or her pursuant to this chapter or any rule or regulation adopted by the director, he or she may give notice of the alleged violation to the person responsible for it. The notice shall be in writing, shall set forth the alleged violation, shall provide for a time within which the alleged violation shall be remedied and shall inform the person to whom it is directed that a written request for a hearing on the violation may be filed with the director within ten (10) days after service of the notice. A copy of all notices of violations issued by the building inspector of the city of Warwick shall be forwarded immediately to the director. The notice will be deemed properly served upon a person if a copy of the notice is served upon him or her personally or sent by registered or certified mail to the last known address of that person, or if that person is served with notice by any other method of service now or later authorized in a civil action under the laws of this state. If no written request for a hearing is made to the director within ten (10) days of the service of notice, the notice shall automatically become a compliance order.
(d)
Nothing contained in this section shall be deemed to divest the director of the department of health of any duties, powers, or authority contained in this section.
History of Section.
P.L. 1967, ch. 61, § 2; P.L. 1977, ch. 198, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-31. - Approval of construction by director.

§ 23-1-31. Approval of construction by director.
(a)
No person shall construct any facility to be used for a food business, or add to, or otherwise alter an existing one, without having obtained the approval of the director of the plans and specifications for the proposed construction, addition, or alteration.
(b)
A plan review fee for new establishments, and for establishments where the cost of renovation exceeds fifty percent (50%) of the value of the establishment, shall be charged. The plan review fee for these establishments shall equal the annual cost of the license/registration fee.
History of Section.
P.L. 1971, ch. 42, § 3; P.L. 1990, ch. 65, art. 50, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-32. - Limitation on civil liability.

§ 23-1-32. Limitation on civil liability.
The director of health and his or her duly authorized agents, individually and severally, and when acting in good faith and without malice, shall not be personally liable for damages because of any act undertaken in the lawful performance of official duties. Any suit or other legal action against the director and his or her duly authorized agents, because of any act performed by them, individually or severally, in the lawful performance of official duties, shall be defended at state expense until the final termination of proceedings.
History of Section.
P.L. 1977, ch. 129, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-33. - Dr. Charles V. Chapin Health Laboratory.

§ 23-1-33. Dr. Charles V. Chapin Health Laboratory.
The state health laboratory facility located at 50 Orms Street in Providence, Rhode Island, shall be known as the “Dr. Charles V. Chapin Health Laboratory”.
History of Section.
P.L. 1984, ch. 98, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-34. - Health promotion income.

§ 23-1-34. Health promotion income.
The director shall maintain an accurate and timely accounting of money received from the sale of health promotional products, services, or data created by the department of health. This money shall be deposited as general revenue.
History of Section.
P.L. 1984, ch. 326, § 1; P.L. 1986, ch. 287, art. 14, § 1; P.L. 1995, ch. 370, art. 40, § 58.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-36. - Director’s duties regarding health education, alcohol, and substance abuse programs.

§ 23-1-36. Director’s duties regarding health education, alcohol, and substance abuse programs.
The director shall establish health education, alcohol, and substance abuse programs for students in grades kindergarten through twelve (12), in accordance with § 35-4-18. The director shall make an annual report to the governor and the general assembly on the administration of the program.
History of Section.
P.L. 1986, ch. 412, § 2; P.L. 2001, ch. 86, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-38. - HIV antibody testing — Sperm collection or donation.

§ 23-1-38. HIV antibody testing — Sperm collection or donation.
The director shall promulgate guidelines for the prevention of transmission of HIV, and, particularly, in those instances of sperm collection or donation where the director shall require specific testing for HIV.
History of Section.
P.L. 1987, ch. 507, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-39. - Tattooing and/or body piercing.

§ 23-1-39. Tattooing and/or body piercing.
(a)
The director shall promulgate rules and regulations which provide minimum requirements to be met by any person performing tattooing and/or body piercing upon any individual and for any establishment where tattooing and/or body piercing is performed. These requirements shall include, but not be limited to, general sanitation of premises wherein tattooing and/or body piercing is to be performed and sterilization of instruments. These rules and regulations shall place emphasis on the prevention of disease, specifically including, but not limited to, transmission of hepatitis B and/or human immunodeficiency virus (HIV).
(b)
In addition, these rules and regulations shall establish procedures for registration with the department of health of all persons performing tattooing and/or body piercing, for registration of any establishment where tattooing and/or body piercing is performed, for regular inspections of premises where tattooing and/or body piercing is performed, for revocation of the registration of any person or establishment deemed in violation of the rules and regulations promulgated under this section. An annual registration fee in the amount as set forth in § 23-1-54 shall be paid by any person or establishment registered to perform tattooing and/or body piercing under this section. All fees shall be deposited by the department as general revenues.
(c)
Body piercing of a minor is prohibited; provided, however, that body piercing will be allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian gives consent to the body piercing.
History of Section.
P.L. 1988, ch. 354, § 1; P.L. 1989, ch. 164, § 1; P.L. 1995, ch. 370, art. 40, § 58; P.L. 1999, ch. 364, § 1; P.L. 2001, ch. 77, art. 14, § 28; P.L. 2001, ch. 86, § 2; P.L. 2007, ch. 73, art. 39, § 25; P.L. 2012, ch. 241, art. 9, § 35.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-39.1. - Laser pointing device.

§ 23-1-39.1. Laser pointing device.
(a)
For purposes of this section, “laser pointing device” means any hand held device that emits light amplified by the stimulated emission of radiation which is visible to the human eye.
(b)
It shall be unlawful for any person to focus, point, or shine a laser beam on another person or an animal in a manner that is intended to alarm, annoy, harass, or harm the person or animal.
(c)
No person, firm, corporation, or association shall sell, offer to sell, lease, give, or otherwise provide a laser pointing device to any person under eighteen (18) years of age.
(d)
No person, firm, corporation, or association engaged in the sale of laser pointing devices shall display, hold, store, or offer for sale laser pointing devices unless these devices are securely contained within a sealed or locked case, or located behind a service counter, or stored in any other manner which restricts access to the laser pointing devices by customers and/or the general public.
(e)
Any person who violates the provisions of subsection (b) or any person, firm, corporation, or association who violates subsection (c) of this section shall, upon a first conviction, be deemed guilty of a violation and fined not more than five hundred dollars ($500), and upon a second or subsequent conviction, shall be deemed guilty of a petty misdemeanor and fined not more than five hundred dollars ($500) and/or imprisoned for not more than six (6) months. Any person, firm, corporation, or association who violates the provisions of subsection (d) shall be fined not more than one hundred dollars ($100).
(f)
This section shall not apply to members of the Rhode Island state police or to members of any city or town police department or any state or federal law enforcement officer in the performance of their official duties.
History of Section.
P.L. 1999, ch. 440, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-40. - Misrepresentation on menu of food or food products.

§ 23-1-40. Misrepresentation on menu of food or food products.
(a)
It shall be unlawful for any person, firm, or corporation to misrepresent on a menu the identity of any food or food products to any of the patrons or customers of eating establishments including, but not limited to, restaurants, hotels, cafes, lunch counters, or other places where food is regularly prepared and sold for consumption on or off the premises.
(b)
The identity of any food or food products shall be deemed misrepresented if:
(1)
Its description is false or misleading in any particular;
(2)
Its description omits information which, by its omission, renders the description false or misleading in any particular;
(3)
It is served, sold, or distributed under the name of another food or food product; or
(4)
It purports to be or is represented as a food or food product for which a definition of identity and standard of quality has been established by custom and usage unless it conforms to that definition and standard.
(c)
Any person, firm, or corporation who violates any provisions of this section shall be guilty of a misdemeanor and for each violation and misrepresentation on a menu shall be punished by a fine of not more than five hundred dollars ($500).
(d)
This section shall not apply to any section or sections of a retail food or grocery store which do not provide facilities for consumption of food or food products on the premises.
(e)
The director of health is authorized to promulgate reasonable rules and regulations that are necessary to carry into effect the provisions of this section. The department of health shall have concurrent jurisdiction with the department of attorney general in the enforcement of this section.
History of Section.
P.L. 1988, ch. 540, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-41. - Rhode Island public health foundation.

§ 23-1-41. Rhode Island public health foundation.
The Rhode Island department of health may establish a nonprofit corporation in the state for the purpose of obtaining and expediting competitive public health research, development, and innovation projects and programs funded by the federal government and private foundations. This new legal entity shall be known as the “Rhode Island public health foundation”.
History of Section.
P.L. 1992, ch. 133, art. 25, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-42. - Renewal of licenses, certifications and registration — Date changes.

§ 23-1-42. Renewal of licenses, certifications and registration — Date changes.
Notwithstanding the licensure, certification, or registration renewal dates specified in statutes governing assisted living residences, health care facilities, professions and occupations administered by the department of health, the director of health may, by regulation, set the dates for licensure, certification, or registration renewals for classes of these assisted living residences, health care facilities, professions and occupations for administrative purposes. Further, the director of health may prorate or otherwise alter those fees to allow for the appropriate implementation of the revisions; provided, however, that the fees charged shall be no greater than would otherwise be allowed for by statute for the relative period of licensure, certification, or registration.
History of Section.
P.L. 1992, ch. 133, art. 61, § 1; P.L. 2007, ch. 30, § 1; P.L. 2007, ch. 41, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-42.1. - Wallet license cards for healthcare professionals.

§ 23-1-42.1. Wallet license cards for healthcare professionals.
The department shall, through its office of health professional regulations, offer wallet license cards during the process of online license renewal service for healthcare professionals. If a licensed healthcare professional opts to receive a wallet license card, the department shall mail said card within fourteen (14) days of license renewal at no additional charge.
History of Section.
P.L. 2009, ch. 194, § 1; P.L. 2009, ch. 286, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-43. - Minority population health promotion.

§ 23-1-43. Minority population health promotion.
The director of health shall establish a minority population health promotion program to provide health information, education, and risk reduction activities to reduce the risk of premature death from preventable disease in minority populations.
History of Section.
P.L. 1992, ch. 133, art. 102, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-44. - Routine childhood and adult immunization vaccines.

§ 23-1-44. Routine childhood and adult immunization vaccines.
(a)
The department of health shall include in the department’s immunization program those vaccines for routine childhood immunization as recommended by the Advisory Committee for Immunization Practices (ACIP) and the Academy of Pediatrics (AAP), and for routine adult immunization as recommended by the ACIP, to the extent permitted by available funds. The immunization program includes administrative and quality assurance services and the Rhode Island Child and Adult Immunization Registry (RICAIR), a confidential, computerized information system that is used to manage statewide immunizations, for all persons in Rhode Island.
(b)
The director of the department of health shall appoint an advisory committee that will be convened after the ACIP makes a recommendation regarding immunization. The committee will review the ACIP recommendations for the state; assess the vaccine cost and feasibility; and advise the director of health and the office of the health insurance commissioner regarding insurers and providers acting on the ACIP immunization recommendation. All recommendations will be posted on the department of health website. The advisory committee membership shall include, but not be limited to, a primary care provider, pharmacist, representatives of the nursing home industry, the home healthcare industry and major insurers.
(c)
For the purpose of protecting patients’ information, all personally-identifiable information obtained pursuant to this section shall be subject to the privacy protections of chapter 37.3 of title 5 and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (HIPAA), as amended.
History of Section.
P.L. 1992, ch. 133, art. 8, § 1; P.L. 2001, ch. 86, § 2; P.L. 2006, ch. 269, § 1; P.L. 2006, ch. 294, § 1; P.L. 2007, ch. 320, § 1; P.L. 2008, ch. 100, art. 28, § 9; P.L. 2019, ch. 196, § 1; P.L. 2019, ch. 284, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-45. - Immunization account.

§ 23-1-45. Immunization account.
(a)
There is created within the general fund a restricted receipt account to be known as the “childhood immunization account”. All money in the account shall be utilized by the department of health to effectuate the provisions of § 23-1-44 that relate to the childhood immunization program. All money received pursuant to §§ 23-1-46 and 23-1-47 for the childhood immunization program shall be deposited in the childhood immunization account. Funding dedicated exclusively to effectuate the provisions of § 23-1-44 and this subsection received by the department of health from sources other than those identified in §§ 23-1-46 and 23-1-47 may also be deposited in the childhood immunization account. Up to 15% of the annual revenues from this account may be used to support costs associated with childhood immunization program administrative and quality assurance services and KIDSNET. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.
(b)
There is created within the general fund a restricted receipt account to be known as the “pandemic medications and equipment account” for the purposes of funding pandemic medications and equipment. There shall be an expenditure in FY 2007 not to exceed one million dollars ($1,000,000) for pandemic influenza medications and equipment. Funding dedicated exclusively to effectuate the provisions of this subsection and received by the department of health from sources other than those identified in §§ 23-1-45, 23-1-46 and 23-1-47 may also be deposited in the pandemic medications and equipment account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.
(c)
There is created within the general fund a restricted receipt account to be known as the “adult immunization account”. All funds in the account shall be utilized by the department of health to effectuate the provisions of § 23-1-44 that relate to the adult immunization program. All funds received for adult immunization programs pursuant to §§ 23-1-46 and 23-1-47 shall be deposited in the adult immunization account. Funding dedicated exclusively to effectuate the provisions of this subsection and received by the department of health from sources other than those identified in §§ 23-1-46 and 23-1-47 may also be deposited in the adult immunization account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.
History of Section.
P.L. 1992, ch. 133, art. 8, § 2; P.L. 2006, ch. 246, art. 31, § 1; P.L. 2006, ch. 269, § 1; P.L. 2006, ch. 294, § 1; P.L. 2007, ch. 73, art. 10, § 3; P.L. 2008, ch. 100, art. 28, § 9.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-46. - Insurers.

§ 23-1-46. Insurers.
(a)
Beginning January 1, 2016, a portion of the amount collected pursuant to § 42-7.4-3, up to the actual amount expended or projected to be expended by the state for vaccines for children that are recommended by the Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), and/or mandated by state law, less the federal share determined by the Centers for Disease Control and Prevention, less any amount collected in excess of the prior year’s funding requirement as indicated in subsection (b) (the “child immunization funding requirement”) shall be deposited into the “childhood immunization account” described in § 23-1-45(a). These funds shall be used solely for the purposes of the “childhood immunization programs” described in § 23-1-44, and no other. Beginning January 1, 2016, a portion of the amount collected from the healthcare services funding method described in § 42-7.4-3, up to the actual amount expended or projected to be expended by the state for adult immunizations recommended by ACIP and/or mandated by state law, less the federal share determined by the Centers for Disease Control and Prevention, less any amount collected in excess of the prior year’s funding requirement as indicated in subsection (b) (the “adult immunization funding requirement”) shall be deposited into the “adult immunization account” described in § 23-1-45(c). These funds shall be used solely for the purposes of the “adult immunization programs” described in § 23-1-44 and no other.
(b)
The department of health shall submit to the general assembly an annual report on the immunization programs and costs related to the programs, on or before February 1 of each year.
Any funds collected in excess of funds needed to carry-out ACIP recommendations, taking into account a reasonable annual carry forward surplus, shall be deducted from the subsequent year’s funding requirements.
History of Section.
P.L. 1992, ch. 133, art. 8, § 3; P.L. 1995, ch. 210, § 1; P.L. 1999, ch. 375, § 1; P.L. 2000, ch. 293, § 1; P.L. 2001, ch. 154, § 1; P.L. 2006, ch. 269, § 1; P.L. 2006, ch. 294, § 1; P.L. 2007, ch. 73, art. 10, § 3; P.L. 2008, ch. 475, § 32; P.L. 2014, ch. 145, art. 16, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-47. - Health care providers — Immunities.

§ 23-1-47. Health care providers — Immunities.
No health care provider, as defined in § 5-37.3-3(4), acting in accordance with the provisions of this chapter, including, without limitation, any health care provider who administers any immunization vaccine pursuant to this chapter, shall be liable to any person who experiences or purports to experience adverse effects arising from the immunization or attendant procedures; provided, however, that informed consent is obtained. Nothing in this chapter shall exempt from liability for gross negligence any individual or public or private agency participating in an authorized mass immunization project, nor shall the provisions of this chapter exempt any drug manufacturer from any liability, regardless of the degree of negligence for any drug or vaccine used in the projects.
History of Section.
P.L. 1992, ch. 133, art. 8, § 4; P.L. 2001, ch. 86, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-48. - Reimbursement for medical record copies.

§ 23-1-48. Reimbursement for medical record copies.
(a)
The director shall promulgate rules and regulations that establish reasonable charges for expenses incurred in responding to requests for copies of medical records by physicians pursuant to § 5-37-22(c) and (d), and by any healthcare provider as defined in § 5-37.3-3 (“healthcare provider”). The director may utilize data provided by the Rhode Island health information management association or other similar local professional organization in his or her determination as to the amount of the charges permitted by this section.
(b)
A patient or a patient’s authorized representative, as defined in § 5-37.3-3 (“patient” or “authorized representative”), or a third-party requestor, also as defined in § 5-37.3-3 (“third-party requestor”), shall have the right to request a patient’s medical records.
(c)
If the healthcare provider utilizes patient’s medical records, an electronic health records system, or database:
(1)
Any patient or any patient’s authorized representative or any third-party requestor shall have a right to obtain from any healthcare provider a copy of the patient’s records in an electronic format;
(2)
Notwithstanding the provisions of subsection (a) of this section, the charges for responding to requests for copies of medical records in electronic format shall not exceed a fee for clerical services, research, and handling of twenty-five dollars ($25.00), inclusive of shipping costs and the costs of data retrieval and/or the data storage device used to transport the medical records. Provided, however, that fifty cents ($.50) per page for the first one hundred (100) pages and twenty-five cents ($.25) per page for all pages thereafter may be charged. In no event shall the charge for pages exceed one hundred dollars ($100).
(d)
If the healthcare provider does not utilize an electronic health records system or database, the charges for responding to requests for copies of medical records shall not exceed a fee for clerical services, research, and handling of twenty-five dollars ($25.00), inclusive of retrieval costs, plus actual shipping costs; provided, however, that fifty cents ($.50) per page for the first one hundred (100) pages and twenty-five cents ($.25) per page for all pages thereafter may be charged. In addition, the requestor shall pay for the actual shipping costs incurred.
(e)
Copies of X-rays or films not reproducible by photocopy shall be provided at the healthcare provider’s actual cost for materials and supplies. In addition, the requestor shall pay reasonable fees for clerical services, research, and handling, not to exceed twenty-five dollars ($25.00), plus actual shipping costs incurred.
(f)
A special handling fee of ten dollars ($10.00) may be charged if the records must be delivered to the patient or authorized representative or third-party requestor within forty-eight (48) hours of the request.
History of Section.
P.L. 1996, ch. 93, § 2; P.L. 2017, ch. 120, § 1; P.L. 2017, ch. 140, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-49. - Registry of persons with head injuries and/or spinal cord injuries.

§ 23-1-49. Registry of persons with head injuries and/or spinal cord injuries.
(a)
The state department of health is authorized, empowered, and directed to establish and maintain a central registry of persons suffering from acquired traumatic brain and/or spinal cord injuries.
(b)
The state director of health shall require the reporting of all newly diagnosed traumatic brain and/or spinal cord injuries and the submission of any specified additional information on reported injuries that she or he deems necessary and appropriate for the recognition, prevention, or control of those injuries.
(c)
The central traumatic brain and spinal cord injury registry shall maintain comprehensive records of all reports submitted pursuant to this section. These reports shall be confidential in accordance with chapter 37.3 of title 5 and subject to the restrictions on release incorporated in that chapter.
(d)
The state department of health shall make rules and regulations that are necessary to implement the provisions of this section pursuant to chapter 35 of title 42.
History of Section.
P.L. 1996, ch. 160, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-50. - Public Records — Exemption — Requirements.

§ 23-1-50. Public Records — Exemption — Requirements.
(a)
The department of health shall deem all application filings for certification, re-certification, and material modification, and correspondence directly related to those application filings, submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27, to be “public records” as defined in § 38-2-2(4). Entities or agents certified under one or more of these statutes may request that certain portions of their application filings, or correspondence directly related to their application filings, be regarded as exempt from public disclosure, but may do so only by claiming one or more of the specific grounds delineated in § 38-2-2(4).
(b)
For each document or for each portion of a document requested to be exempt from public disclosure, the certified entity or agent must specify the specific exemption claimed and the rationale for the exemption. Each specific exemption and the rationale for it shall themselves be public documents. The department shall determine which of the documents, or parts of the documents, for which an exemption is sought shall be public records and which shall be exempt from the disclosure required by chapter 2 of title 38.
(c)
Each application filing for certification, re-certification, or material modification submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27, and for which an exemption is sought, shall be made in three (3) parts:
(1)
Part One shall be a complete application filing with no materials to be deleted. This part shall be for the official use of the department as appropriate.
(2)
Part Two shall be a complete application filing, except that it shall not include those parts of the application filing which the filing party has claimed and the department determined to be exempt from the disclosure required by chapter 2 of title 38.
(3)
Part Three of the application filing shall include those items and information requested to be excluded from the disclosure required by chapter 2 of title 38 with a delineation of the specific exemption and criteria claimed under § 38-2-2(4) and the application filing’s rationale for each specific exemption claimed.
(d)
All application filings for certification, re-certification, or material modification submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27 that are not made consistent with the three (3) part form described in subsection (c) shall, except as otherwise prohibited by state or federal law, be deemed “public records” under the provisions of chapter 2 of title 38.
History of Section.
P.L. 1999, ch. 111, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-51. - Severability.

§ 23-1-51. Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 2001, ch. 86, § 65.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-1 - Department of Health › Section 23-1-53. - Cost of legal fees.

§ 23-1-53. Cost of legal fees.
(a)
The director is hereby authorized and may in his or her discretion recover the reasonable cost of legal services provided to the department of health by attorneys of the office of legal counsel or attorneys under contract to perform attorney functions and activities for the department of health pursuant to chapters 15 and 17.14 of this title and §§ 23-17-14.3 and 23-17-14.4. Nothing in this section shall limit the power of the director to retain legal counsel and to recover the costs of such legal counsel pursuant to other provisions of the general laws.
(b)
There is created within the general fund a restricted receipt account to be known as the “health systems reimbursement account.” All funds deposited in the account shall be utilized by the department of health to implement the provisions of this section incurred by the department pursuant to chapters 15 and 17.14 of this title and §§ 23-17-14.3 and 23-17-14.4. All funds received for the department pursuant to this section shall be deposited in the “health system reimbursement account.” The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.
History of Section.
P.L. 2009, ch. 68, art. 14, § 1.