reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-11. - Freedom of choice for eye care.

§ 5-35.1-11. Freedom of choice for eye care.
(a)
Any contract providing for healthcare benefits that calls for the expenditure of private or public funds, for any purpose involving eye care that is within the scope of the practice of optometry, shall provide the recipients and/or beneficiaries the freedom to choose within the participating provider panel either an optometrist or physician to provide the eye care. This provision shall be applicable whether or not the contract is executed and/or delivered in or outside of the state, or for use within or outside of the state by or for any individuals who reside or are employed in the state.
(b)
Where the contracts call for the expenditure of public or private funds, for any purpose involving expenditure of public or private funds, for any purpose involving eye care, there shall be no discrimination as to the rate of reimbursement for the health care, whether provided by a doctor of optometry or physician providing similar services.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-11.1. - Subcontracted optometry network.

§ 5-35.1-11.1. Subcontracted optometry network.
An insurer, including a company offering accident and sickness insurance as defined in chapter 18 of title 27, a nonprofit hospital-service corporation as defined in chapter 19 of title 27, a nonprofit medical-service corporation as defined in chapter 20 of title 27, or a health-maintenance organization as defined in chapter 41 of title 27, shall not require that an optometrist participate in a subsidiary’s or a third-party’s vision-care plan as a condition for participation in the insurer’s participating-provider panel.
History of Section.
P.L. 2011, ch. 181, § 1; P.L. 2011, ch. 204, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-12. - Use and prescription of pharmaceutical agents for ocular conditions — Optometrists training and certification.

§ 5-35.1-12. Use and prescription of pharmaceutical agents for ocular conditions — Optometrists training and certification.
(a)
Notwithstanding the provisions of this chapter, amplified optometrists of this state may use and prescribe pharmaceutical agents in the treatment of conditions of the human eye and its appendages, without the use of surgery or other invasive techniques; provided, that all qualified optometrists shall be permitted to become amplified optometrists in accordance with the requirements of subsection (c) of this section and all other requirements of this chapter; and provided, further, that drugs contained in Schedule III of chapter 28 of title 21 and hydrocodone-containing medications shall be prescribed for no more than seventy-two (72) hours; and that no optometrist shall deliver any medication by injection.
(b)
The director shall issue regulations governing the prescribing of oral pharmaceutical agents, including oral steroids and Schedule III narcotic and non-narcotic analgesics, within the scope of the optometrist’s practice.
(c)
To be newly licensed as an amplified optometrist, a qualified optometrist must meet the qualifications of § 5-35.1-2 and must provide evidence to the department that he or she has satisfactorily:
(1)
Completed at least thirty (30) hours of clinical experience in the treatment of ocular disease with pharmaceutical agents, consistent with current graduate degree requirements for optometric education either within a four-year (4) period immediately prior to the date of application or as otherwise determined by the board; and
(2)
Completed a course in pharmacology, as it applies to optometry, at an approved institution accredited by a regional, professional, or academic accreditation organization.
Further, to maintain amplified-optometrist-licensure status, all amplified optometrists must submit, upon request, evidence of an average of at least five (5) hours of continuing education in pharmacology per year.
(d)
The director, before issuing the regulations, shall request and consider recommendations that may be submitted by the board of optometry.
(e)
The board shall require optometrists to adhere to electronic prescribing standards within thirty (30) months of receiving prescriptive authority as defined in subsection (a) of this section.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2; P.L. 2009, ch. 310, § 31; P.L. 2014, ch. 422, § 1; P.L. 2014, ch. 457, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-13. - Board of optometry — Appointment of members.

§ 5-35.1-13. Board of optometry — Appointment of members.
The director shall appoint a board of optometry. The board shall consist of five (5) members, all of whom shall be residents of the state, four (4) of whom shall be licensed optometrists engaged in the practice of optometry for at least five (5) years prior to their appointment, and there shall be one public member. The members shall be appointed for terms of three (3) years; each member may serve a maximum of two (2) consecutive full terms.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-14. - Board — Compensation of members.

§ 5-35.1-14. Board — Compensation of members.
No member of the board of optometry shall receive compensation for his or her attendance at meetings of the board.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-15. - Receipts.

§ 5-35.1-15. Receipts.
The proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited as general revenues.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-16. - Minimum examination of patient.

§ 5-35.1-16. Minimum examination of patient.
Every person practicing optometry in accordance with the laws of this state shall, prior to prescribing eyeglasses, lenses, or spectacles make a minimum examination of the patient to determine existent visual defects and procedures for their correction. The degree of that minimum examination shall be defined in the rules and regulations of the department.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-17. - Persons exempt from requirements.

§ 5-35.1-17. Persons exempt from requirements.
Nothing in this chapter shall be construed to apply to physicians licensed to practice medicine under the laws of this state, or to persons engaged in optical work who do not conduct a retail or wholesale optical business.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-18. - Refusal, suspension, or revocation of license for unprofessional conduct.

§ 5-35.1-18. Refusal, suspension, or revocation of license for unprofessional conduct.
In addition to any and all other remedies provided in this chapter, the director may, after notice and hearing in the director’s discretion, refuse to grant, refuse to renew, suspend, or revoke any license provided for in this chapter to any person who is guilty of unprofessional conduct or conduct of a character likely to deceive or defraud the public, or for any fraud or deception committed in obtaining a license. “Unprofessional conduct” is defined as including, but is not limited to:
(1)
Conviction of one or more of the offenses set forth in § 23-17-37;
(2)
Knowingly placing the health of a patient at serious risk without maintaining proper precautions;
(3)
Advertising by means of false or deceptive statements;
(4)
The use of drugs or alcohol to an extent that impairs the person’s ability to properly engage in the profession;
(5)
Use of any false or fraudulent statement in any document connected with his or her practice;
(6)
Obtaining of any fee by fraud or willful misrepresentation of any kind whether from a patient or insurance plan;
(7)
Knowingly performing any act that in any way aids or assists an unlicensed person to practice in violation of this chapter;
(8)
Violating or attempting to violate, directly or indirectly, or assisting in, or abetting, the violation of, or conspiring to violate, any of the provisions of this chapter or regulations previously or hereafter issued pursuant to this chapter;
(9)
Incompetence;
(10)
Repeated acts of gross misconduct;
(11)
An optometrist providing services to a person who is making a claim as a result of a personal injury, who charges or collects from the person any amount in excess of the reimbursement to the optometrist by the insurer as a condition of providing or continuing to provide services or treatment;
(12)
Failure to conform to acceptable and prevailing community standard of optometric practice;
(13)
Advertising by written or spoken words of a character tending to deceive or mislead the public;
(14)
Practicing his or her profession under any oral or written contract, arrangement, or understanding where anyone not licensed to practice optometry in this state shares, directly or indirectly, in any fees received by that licensed optometrist;
(15)
Grave and repeated misuse of any ocular pharmaceutical agent; or
(16)
The use of any agent or procedure in the course of optometric practice by an optometrist not properly authorized under this chapter.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-19. - Construction of glass lenses — Violations — Penalty.

§ 5-35.1-19. Construction of glass lenses — Violations — Penalty.
(a)
No person shall distribute, sell, or deliver any eyeglasses or sunglasses unless those eyeglasses or sunglasses are fitted with heat-treated glass lenses, plastic lenses, lamination lenses, or lenses made impact-resistant by other methods. The provisions of this subsection do not apply if a physician or optometrist, having found that those lenses will not fulfill the visual requirements of a particular patient, directs, in writing, the use of other lenses and gives written notification to the patient. Before they are mounted in frames, all impact-resistant eyeglasses and sunglass lenses, except plastic lenses, laminated lenses, and raised-ledge multifocal lenses must withstand an impact test of a steel ball five-eighths (⅝) of an inch in diameter weighing approximately fifty-six hundredths of an ounce (0.56 oz.) dropped from a height of fifty inches (50"). Raised-ledge multifocal lenses are capable of withstanding the impact test but do not need to be tested beyond initial design testing. To demonstrate that all plastic lenses and laminated lenses are capable of withstanding the impact test, the manufacturer of the lenses shall subject to the impact test a statistically significant sampling of lenses from each production batch, and the tested lenses are representative of the finished forms as worn by the wearer. Plastic prescription and plastic nonprescription lenses, tested on the basis of statistical significance, may be tested in uncut finished or semi-finished form at the point of original manufacture.
(b)
Any person convicted of violating the provisions of this section shall be punished by a fine of not less than five hundred dollars ($500) for each violation.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-20. - Penalty for violations.

§ 5-35.1-20. Penalty for violations.
Any person who violates the provisions of this chapter shall be punished by a fine of not more than that set forth in § 23-1-54, or shall be imprisoned for not more than three (3) months for each offense.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2; P.L. 2012, ch. 241, art. 9, § 10; P.L. 2019, ch. 308, art. 1, § 15.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-21. - Prosecution of violations.

§ 5-35.1-21. Prosecution of violations.
It shall be the duty of the director to enforce the provisions of this chapter and to prosecute every person who violates those provisions. Whenever a complaint is made by the department, or by any of its authorized agents of any violation of the provisions of this chapter, they shall not be required to furnish surety for costs, nor are they liable for costs on that complaint.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-22. - Rules and regulations.

§ 5-35.1-22. Rules and regulations.
The department, in addition to approving the examinations and licensing of optometrists, shall make rules and regulations governing the practice of optometry. The department shall have the power to revoke the license of any optometrist violating those rules and regulations.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.1 - Optometrists › Section 5-35.1-23. - Severability.

§ 5-35.1-23. Severability.
(a)
If any provision of this chapter or of any rule or regulation made under this chapter, or the application of this chapter to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of that provision to other persons or circumstances shall not be affected.
(b)
The invalidity of any section or sections or parts of any section or sections of this chapter does not affect the validity of the remainder of the chapter.
History of Section.
P.L. 2008, ch. 305, § 2; P.L. 2008, ch. 433, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-1. - Definitions.

§ 5-35.2-1. Definitions.
As used in this chapter:
(1)
“Advisory committee” means the advisory committee of opticianry as established herein.
(2)
“Department” means the department of health.
(3)
“Director” means the director of the department of health.
(4)
“Optician” means a person licensed in this state to practice opticianry pursuant to the provisions of this chapter.
(5)
“The practice of opticianry” means the preparation or dispensing of eyeglasses, spectacles, lenses, or related appurtenances, for the intended wearers, or users, on prescription from licensed physicians or optometrists, or duplications or reproductions of previously prepared eyeglasses, spectacles, lenses, or related appurtenances; or the person who, in accordance with such prescriptions, duplications, or reproductions, measures, adapts, fits, and adjusts eyeglasses, spectacles, lenses, including spectacles add powers for task specific use or occupational applications, or appurtenances, to the human face. Provided, however, a person licensed under the provisions of this chapter shall be specifically prohibited from engaging in the practice of ocular refraction, orthoptics, visual training, the prescribing of subnormal vision aids, telescopic spectacles, fitting, selling, replacing, or dispensing contact lenses.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-2. - Qualification of optician applicants.

§ 5-35.2-2. Qualification of optician applicants.
(a)
Every applicant for licensure shall present satisfactory evidence, in the form of affidavits properly sworn to, that he or she:
(1)
Is of good moral character; and
(2)
Has graduated from a two-year (2) school of opticianry approved by the New England Association of Schools and Colleges or an equivalent regional accrediting authority or other accrediting authority as may be approved by the department with consultation from the advisory committee; and
(3)
Has successfully passed the national opticianry competency examination or any other written examination approved by the department with consultation from the advisory committee; and
(4)
Has successfully passed a practical examination approved by the department with consultation from the advisory committee.
(b)
Every applicant for licensure who is or has been licensed in an alternate jurisdiction shall present satisfactory evidence in the form of affidavits properly sworn to that he or she:
(1)
Is of good moral character; and
(2)
Has graduated from high school; and
(3)
Has graduated from a two-year (2) school of opticianry approved by the New England Association of Schools and Colleges or an equivalent regional accrediting authority or other accrediting authority as may be approved by the department with consultation from the advisory committee; or has successfully completed a two-year (2) opticianry apprenticeship program; and
(4)
Has held a valid license to practice opticianry in another state for at least one year and was in good standing during that time; and
(5)
Has practiced opticianry in this or any other state for a period of not less than one year; and
(6)
Has successfully passed the national opticianry competency examination or any other written examination approved by the department with consultation from the advisory committee; and
(7)
Has successfully passed a practical exam approved by the department with consultation from the advisory committee.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3; P.L. 2011, ch. 40, § 1; P.L. 2011, ch. 48, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-3. - Optician’s biennial license fee.

§ 5-35.2-3. Optician’s biennial license fee.
Every applicant shall pay to the department a fee as set forth in § 23-1-54 which shall accompany his or her application for a license. No one shall be permitted to practice opticianry without a valid license.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3; P.L. 2012, ch. 241, art. 9, § 11.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-4. - Advertising by opticians.

§ 5-35.2-4. Advertising by opticians.
The division of professional regulation, in addition to conducting the examinations, licensing, and registering of opticians, shall make rules and regulations governing advertising by opticians. The division shall have the power to revoke the license of any optician violating those rules and regulations.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-5. - Unlawful sale of spectacles.

§ 5-35.2-5. Unlawful sale of spectacles.
It is unlawful for any person, firm, or corporation to sell, as merchandise, in any store or established place of business in the state, any eyeglasses, spectacles, or lenses for uncorrected vision, unless a licensed optometrist, physician, or optician under the laws of this state is in charge and in personal attendance at the booth, counter, or place where those articles are sold in that store or established place of business. The provisions of this section shall not be construed to apply to the sale of simple reading magnifying glasses, toy glasses, goggles consisting of plano white or plano colored lenses or ordinary colored glasses, or to optometrists, physicians, or opticians who sell spectacles, eyeglasses, or lenses in prescription. A seller of simple reading magnifying glasses shall have the following notice permanently affixed in plain view to the top of any point of sale display: “These magnifiers are not intended to be substitute for corrective lenses; only a professional eye examination can determine your eye health status and vision needs.” This notice shall also be prominently displayed in all newspaper, magazine, and other advertisements for simple reading magnifying glasses. As used in this section, “simple reading magnifying glasses” do not include lenses of bifocal design or single vision lenses of over plus 3.25 diopters or equivalent magnification.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3; P.L. 2014, ch. 197, § 2; P.L. 2014, ch. 219, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-6. - Freedom of choice for eye care.

§ 5-35.2-6. Freedom of choice for eye care.
Where the contracts call for the expenditure of public or private funds involving Medicaid and RIte Care, Medicare, or supplemental coverage for any purpose relating to eyewear, and as it pertains to opticianry, the distribution, dispensing, filling, duplication, and fabrication of eyeglasses or optical prosthesis by opticians as defined in § 5-35.2-1, those health plans or contracts are required to notify by publication in a public newspaper published within and circulated and distributed throughout the state of Rhode Island, to all providers, including, but not limited to, opticians, within the health plan’s or contract’s geographic service area, of the opportunity to apply for credentials, and there is no discrimination as to the rate or reimbursement for health care provided by an optician for similar services as rendered by other professions pursuant to this section. Nothing contained in the chapter shall require health plans to contract with any particular class of providers.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3; P.L. 2019, ch. 308, art. 1, § 16.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-7. - Continuing education of opticians.

§ 5-35.2-7. Continuing education of opticians.
Every person licensed to practice opticianry who makes an application for renewal shall, as condition to his or her relicensure, attest to the department of completion of continuing education in the preceding two (2) calendar years in accordance with the rules and regulations promulgated hereunder.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-8. - Advisory committee for opticianry.

§ 5-35.2-8. Advisory committee for opticianry.
There is created an advisory committee for opticianry, appointed by the director, to consist of five (5) members, who shall be residents of the state, four (4) of whom shall be licensed as opticians under the provisions of this chapter, and shall have practiced as opticians for a period of at least five (5) years, and one layperson who shall be from the public. The members of the advisory committee shall be appointed for terms of three (3) years; each member may serve a maximum of two (2) full terms. The duties of the advisory committee for opticianry shall include but not be limited to advising the director on all matters pertaining to the licensure and regulation of opticianry in this state.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-9. - Persons exempt from requirements.

§ 5-35.2-9. Persons exempt from requirements.
Nothing in this chapter shall be construed to apply to physicians licensed to practice medicine under the laws of this state, optometrists, or persons engaged in optical work who do not conduct a retail or wholesale optical business.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-10. - Refusal, suspension, or revocation of license for unprofessional conduct.

§ 5-35.2-10. Refusal, suspension, or revocation of license for unprofessional conduct.
In addition to any and all other remedies provided in this chapter, the director may, after notice and hearing, in the director’s discretion, refuse to grant, refuse to renew, suspend, or revoke any license provided for in this chapter to any person who is guilty of unprofessional conduct or conduct of a character likely to deceive or defraud the public, or for any fraud or deception committed in obtaining a license. “Unprofessional conduct” is defined as including, but is not limited to:
(1)
Conviction of one of the offenses set forth in § 23-17-37;
(2)
Knowingly placing the health of a client at serious risk without maintaining proper precautions;
(3)
Advertising by means of false or deceptive statements;
(4)
The use of drugs or alcohol to an extent that impairs that person’s ability to properly engage in the profession;
(5)
The use of any false or fraudulent statement in any document connected with his or her practice;
(6)
The obtaining of any fee by fraud or willful misrepresentation of any kind either to a patient or insurance plan;
(7)
Knowingly performing any act that in any way aids or assists an unlicensed person to practice in violation of this chapter;
(8)
Violating or attempting to violate, directly or indirectly, or assisting in, or abetting, the violation of, or conspiring to violate, any of the provisions of this chapter or regulations previously or hereafter issued pursuant to this chapter;
(9)
Incompetence;
(10)
Repeated acts of gross misconduct;
(11)
Failure to conform to acceptable and prevailing community standard of opticianry practice.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-11. - Construction of glass lenses — Violations — Penalty.

§ 5-35.2-11. Construction of glass lenses — Violations — Penalty.
(a)
No person shall distribute, sell, or deliver any eyeglasses or sunglasses unless those eyeglasses or sunglasses are fitted with heat-treated glass lenses, plastic lenses, laminated lenses, or lenses made impact-resistant by other methods. The provisions of this subsection do not apply if a physician or optometrist, having found that those lenses will not fulfill the visual requirements of a particular patient, directs, in writing, the use of other lenses and gives written notification to the patient. Before they are mounted in frames, all impact-resistant eyeglasses and sunglass lenses, except plastic lenses, laminated lenses, and raised-ledge multifocal lenses must withstand an impact test of a steel ball five-eighths (⅝) of an inch in diameter weighing approximately fifty-six hundredths of an ounce (0.56 oz) dropped from a height of fifty inches (50"). Raised-ledge multifocal lenses are capable of withstanding the impact test but do not need to be tested beyond initial design testing. To demonstrate that all plastic lenses and laminated lenses are capable of withstanding the impact test, the manufacturer of the lenses shall subject to the impact test a statistically significant sampling of lenses from each production batch, and the tested lenses are representative of the finished forms as worn by the wearer. Plastic prescription and plastic nonprescription lenses, tested on the basis of statistical significance, may be tested in uncut finished or semi-finished form at the point of original manufacture.
(b)
Any person convicted of violating the provisions of this section shall be punished by a fine of not less than five hundred dollars ($500) for each violation.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-12. - Penalty for violations.

§ 5-35.2-12. Penalty for violations.
Any person who violates the provisions of this chapter shall be punished by a fine or not more than two hundred dollars ($200) or shall be imprisoned for not more than three (3) months for each offense.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-13. - Prosecution of violations.

§ 5-35.2-13. Prosecution of violations.
It shall be the duty of the director to enforce the provisions of this chapter and to prosecute every person who violates those provisions. Whenever a complaint is made by the department, or by any of its authorized agents, of any violation of the provisions of this chapter, they shall not be required to furnish surety for costs, nor are they liable for costs on that complaint.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-14. - Rules and regulations.

§ 5-35.2-14. Rules and regulations.
The department, in addition to approving the examinations and licensing of opticians, shall make rules and regulations governing the practice of opticianry. The department shall have the power to revoke the license of any optician violating those rules and regulations.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-35.2 - Opticians › Section 5-35.2-15. - Severability.

§ 5-35.2-15. Severability.
(a)
If any provision of this chapter or of any rule or regulation made under this chapter, or the application of this chapter to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of that provision to other persons or circumstances shall not be affected.
(b)
The invalidity of any section or sections or parts of any section or sections of this chapter does not affect the validity of the remainder of this chapter.
History of Section.
P.L. 2008, ch. 305, § 3; P.L. 2008, ch. 433, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-1. - Short title.

§ 5-36.1-1. Short title.
This chapter shall be known and may be cited as “License of Naturopathy Act of 2017.”
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-2. - Definitions.

§ 5-36.1-2. Definitions.
The following words and phrases as used in this chapter shall have the following meanings:
(1)
“Approved naturopathic college” means a college that grants a degree of doctor of naturopathy and:
(i)
Is accredited by the Council on Naturopathic Medical Education (CNME), its successor or other accrediting agency recognized by the United States Department of Education; or
(ii)
Is accredited by any other organization approved by the board of licensure of naturopathy.
(2)
“Board” means the board of licensure of naturopathy.
(3)
“CNME” or “Council” is the Council on Naturopathic Medical Education.
(4)
“Department” means the Rhode Island department of health.
(5)
“Director” means the director of the Rhode Island department of health.
(6)
“Disciplinary action” means any action taken by an administrative law officer established against a licensee or applicant on a finding of unprofessional conduct by the licensee or applicant. “Disciplinary action” includes issuance of warnings and all sanctions including denial, suspension, revocation, limitation, or restriction of licenses and other similar limitations.
(7)
“Doctor of naturopathy” means a person who practices naturopathic health care and is licensed pursuant to the provisions of this chapter.
(8)
“Natural” means present in, produced by, or derived from nature.
(9)
“Naturopathic health care” or “the practice of naturopathic health care” means a system of health care that utilizes education, natural substances, and natural therapies to support and stimulate a patient’s intrinsic self-healing processes and to prevent and treat human health conditions and injuries.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-3. - Scope of practice.

§ 5-36.1-3. Scope of practice.
(a)
A license authorizes a licensee, consistent with naturopathic education and training and competence demonstrated by passing the doctor of naturopathy licensing examination, to:
(1)
Order and perform physical and laboratory examinations for diagnostic purposes;
(2)
Dispense or order natural substances of mineral, animal, or botanical origin, including food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical substances, homeopathic substances, and all dietary supplements and nonprescription drugs as defined by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., that use various routes of administration, including oral, nasal, auricular, ocular, rectal, vaginal, and transdermal;
(3)
Administer natural substances of mineral, animal, or botanical origin, including food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical substances, homeopathic substances, and all dietary supplements and nonprescription drugs as defined by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., using transdermal routes of administration;
(4)
Administer or perform hot or cold hydrotherapy, electromagnetic energy, and therapeutic exercise for the purpose of providing basic therapeutic care services, except that if a referral to another licensed provider is appropriate for ongoing rehabilitation or habilitation services, the doctor of naturopathy shall make the referral;
(5)
Provide health education and health counseling; and
(6)
Perform naturopathic musculoskeletal mobilization.
(b)
If a doctor of naturopathy is engaged in the private practice of naturopathy in the state, the doctor of naturopathy shall display the license obtained pursuant to this section conspicuously in each office where the doctor of naturopathy is engaged in practice.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-4. - Penalty for misrepresentation.

§ 5-36.1-4. Penalty for misrepresentation.
No person who is not licensed as a doctor of naturopathy may use the title of “doctor of naturopathy” or hold themselves out as a doctor of naturopathy. Any person who violates the provisions of this section shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), nor more than one year imprisonment, or by both the fine and imprisonment.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-5. - Prohibited acts.

§ 5-36.1-5. Prohibited acts.
A person licensed under this chapter shall not perform any of the following acts:
(1)
Prescribe, dispense, or administer any legend medications or substances controlled pursuant to the federal Controlled Substances Act, 21 U.S.C. § 812, and chapter 28 of title 21;
(2)
Use, for therapeutic purposes, any device regulated by the United States Food and Drug Administration (FDA) that has not been approved by the FDA;
(3)
Perform surgical procedures;
(4)
Practice, or claim to practice, as a medical doctor or physician, a doctor of osteopathic medicine, a primary-care doctor, a primary-care practitioner, a primary-care provider, a primary-care naturopath, a dentist, a podiatrist, an optometrist, a psychologist, an advanced practice registered nurse, a physician assistant, a chiropractor, a physical therapist, an acupuncturist, or any other healthcare professional unless licensed under this title;
(5)
Use general regional or spinal anesthetics or procedural sedation;
(6)
Administer ionizing radioactive substances for therapeutic or diagnostic purposes;
(7)
Perform chiropractic adjustments or manipulations that include high-velocity thrusts at or beyond the end range of normal joint motion unless the licensee is also a licensed chiropractor;
(8)
Perform acupuncture unless the licensee is also a licensed acupuncturist;
(9)
Advise patients regarding prescription drugs beyond possible dietary supplement/herb — prescription drug interactions;
(10)
Practice naturopathy in this state without a valid license issued in accordance with this chapter; or
(11)
Use, in connection with the person’s name, any letters, words, or insignia indicating or implying that the person is a doctor of naturopathy unless the person is licensed in accordance with this chapter. A person licensed under this chapter may use the designation “DN” for doctor of naturopathy.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-6. - Exemptions.

§ 5-36.1-6. Exemptions.
Nothing in this chapter shall be construed to prohibit any of the following:
(1)
The practice of a profession by a person who is licensed, certified, or registered under other laws of this state and is performing services within the authorized scope of practice of that profession.
(2)
The practice of naturopathy by a student enrolled in approved naturopathic training. The performance of services shall be pursuant to a course of instruction and under the supervision of an instructor, who shall be a doctor of naturopathy licensed in accordance with this chapter.
(3)
The use or administration of over-the-counter medicines or other nonprescription agents.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-7. - Reporting contagious and infectious diseases.

§ 5-36.1-7. Reporting contagious and infectious diseases.
Doctors of naturopathy are subject to the provisions of the law relating to contagious and infectious diseases.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-8. - Board of licensure — Creation.

§ 5-36.1-8. Board of licensure — Creation.
Within the division of professional regulation established in the department of health pursuant to chapter 26 of this title there shall be created a board of licensure for doctor of naturopathy.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-9. - Board of licensure.

§ 5-36.1-9. Board of licensure.
(a)
The director of the department of health, with the approval of the governor, shall appoint a board consisting of five (5) persons, all residents of the state, to constitute a board of licensure for naturopathy with the duties, powers, and authority as stated in this chapter, and that board shall be composed of the following:
(1)
Two (2) members who shall be licensed physicians under chapter 37 of this title who have been actively engaged in the practice of medicine;
(2)
One member who is a representative of the general public not employed in any health-related field; and
(3)
Two (2) members who shall be doctors of naturopathy meeting the qualifications for licensure under this chapter.
(b)
Members shall be appointed for terms of three (3) years each with no member serving more than two (2) consecutive terms.
(c)
In their initial appointment, the director shall designate the members of the board of licensure as follows: three (3) members to serve for terms of three (3) years; and two (2) members to serve for a term of two (2) years.
(d)
The director of the department of health may remove any member of the board for cause.
(e)
Vacancies shall be filled for the unexpired portion of any term in the same manner as the original appointment.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-10. - Board of licensure — Powers and duties.

§ 5-36.1-10. Board of licensure — Powers and duties.
(a)
The board shall administer and coordinate the provisions of this chapter; evaluate the qualifications of applicants; supervise any examination of applicants deemed necessary; recommend to the director the commencement of disciplinary hearings in accordance with chapter 35 of title 42 and the provisions of this chapter; and investigate persons engaging in practices that violate the provisions of this chapter. The board shall investigate all persons and agencies engaging in practices that violate the provisions in this chapter.
(b)
The board shall conduct hearings of a nondisciplinary nature and shall keep the records and minutes that are necessary to an orderly dispatch of business.
(c)
The board, with the approval of the director of the department of health, shall adopt rules and regulations necessary to carry into effect the provisions of this chapter and may amend or repeal them.
(d)
Regular meetings of the board shall be held at any time and places that the board prescribes and special meetings shall be held upon the call of the chairperson; provided, that at least one regular meeting is held each year.
(e)
The conferral or enumeration of specific powers in this chapter shall not be construed as a limitation of the general powers conferred by this section.
(f)
The board shall recommend to the director for registration those persons meeting the criteria stated by this chapter.
(g)
The board shall recommend to the director the revocation or suspension of the registration of any doctor of naturopathy who does not conform to the requirements of this chapter or regulations adopted under this chapter.
(h)
The board shall approve programs for continuing naturopathic education.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-11. - Board of licensure — Organization and meetings — Compensation of members.

§ 5-36.1-11. Board of licensure — Organization and meetings — Compensation of members.
The board shall elect its own chairperson annually and shall meet at the call of the administrator, the chairperson, or upon the request of two (2) or more members of the board. A quorum shall consist of at least three (3) members present, one of whom must be a doctor of naturopathy. The board shall approve programs for continuing naturopathic education. Board members shall serve without compensation.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-12. - Qualifications for licensure.

§ 5-36.1-12. Qualifications for licensure.
To be eligible for licensure as a doctor of naturopathy, an applicant shall satisfy all the following:
(1)
Have been granted a degree of doctor of naturopathy from an approved naturopathy college;
(2)
Be physically and mentally fit to practice naturopathy with or without reasonable accommodation;
(3)
Pass an examination approved by the board;
(4)
Have in place a written collaboration and consultation agreement with a physician licensed under chapter 37 of this title. The collaboration and consultation agreement shall include the following:
(i)
The name and license number of the physician with whom the applicant has a collaboration and consultation agreement;
(ii)
A statement that the applicant will refer patients to and consult with physicians and other licensed healthcare providers; and
(iii)
A statement that the applicant will require patients to sign a consent form that states that the applicant’s practice of naturopathy is limited to the scope of practice identified in § 5-36.1-3.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-13. - Application for licensure.

§ 5-36.1-13. Application for licensure.
A person shall apply for a license under this chapter by filing with the director an application provided by the director accompanied by the required fees and evidence of eligibility.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-14. - Biennial license renewal — Continuing education.

§ 5-36.1-14. Biennial license renewal — Continuing education.
(a)
The license to practice naturopathy shall be renewed every two (2) years by filing a renewal application on a form provided by the director. The application shall be accompanied by the required fee and evidence of compliance with subsection (b).
(b)
As a condition of renewal, a doctor of naturopathy shall complete a program of continuing education, approved by the director, during the preceding two (2) years. The director shall not require more than thirty (30) hours of continuing education biennially.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-36.1 - License of Naturopathy Act of 2017 › Section 5-36.1-15. - Unprofessional conduct.

§ 5-36.1-15. Unprofessional conduct.
The following conduct, and conduct set forth by the department of health, by a person licensed under this chapter or an applicant for licensure constitutes unprofessional conduct:
(1)
Failing to use a complete or accurate title in professional activity;
(2)
Failure to conform to the provisions of the collaboration and consultation agreement;
(3)
Acts of gross misconduct in the practice of their profession or gross or repeated malpractice or the failure to practice naturopathy with the level of care, skill, and treatment that is recognized by a reasonably prudent similar doctor of naturopathy as being acceptable under similar conditions and circumstances;
(4)
Harassing, intimidating, or abusing a patient;
(5)
Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board;
(6)
Abandonment of a patient;
(7)
Gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services were not rendered;
(8)
Sexual harassment of a patient;
(9)
Engaging in an inappropriate sexual act with a patient;
(10)
Willful misrepresentation in treatments;
(11)
Practicing naturopathy in an area or areas of specialty in which the licensee is not trained to practice.
History of Section.
P.L. 2017, ch. 230, § 1; P.L. 2017, ch. 329, § 1.