reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.6 - Self-Insurance of Developmental Disability Agencies › Section 40.1-24.6-5. - Establishment of fund.

§ 40.1-24.6-5. Establishment of fund.
A fund may be established to insure the healthcare costs of the corporation members’ employees, their covered dependents, the retirees and their covered dependents, not otherwise insured, to the extent determined by the corporation’s articles of incorporation. Efforts will be made to establish uniformity among health-benefit plans issued to these employees, retirees, and dependents.
History of Section.
P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.6 - Self-Insurance of Developmental Disability Agencies › Section 40.1-24.6-6. - Payment to and from fund.

§ 40.1-24.6-6. Payment to and from fund.
(a)
The monies in the fund will be used as nonlapsing, revolving financial resources for carrying out the provisions of this chapter.
(b)
The financial notes and obligations issued by the corporation, pursuant to the provisions of this chapter, will not be deemed to constitute a debt or liability of the state of Rhode Island, nor a political subdivision of the state, but will be payable solely from the revenues or assets of the fund.
History of Section.
P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-24.6 - Self-Insurance of Developmental Disability Agencies › Section 40.1-24.6-7. - Stop-loss coverage.

§ 40.1-24.6-7. Stop-loss coverage.
(a)
The corporation established pursuant to this chapter for the purpose of providing healthcare costs for members’ employees, retirees, and other beneficiaries must participate in a group stop-loss policy provided by a licensed insurance company.
(b)
The group stop-loss policy coverage will include a specific deductible stop-loss policy, and aggregate stop-loss coverage, both of which will apply to the corporation’s participating developmental disability agencies.
(c)
Under the specific deductible stop-loss coverage, the licensed insurance carrier will assume liability beyond the specific deductible amount up to the limits of the policy.
(d)
For the aggregate stop-loss coverage, the licensed insurance carrier will assume all of the claims threshold:
(1)
Beyond one hundred and twenty percent (120%) of the expected claims for the policy year, up to the limits of the policy, or, if unavailable;
(2)
Beyond a percentage rate that is consistent with marketplace standards for aggregate stop-loss insurance, but not to exceed one hundred and twenty-five percent (125%) of expected claims for the policy year.
(e)
In addition to stop-loss policy coverage, the corporation must place in reserve an appropriate amount of money to cover the estimated cost of claims incurred, but unpaid, during the term of the policy or contract which shall be added to the expected claim level. The reserves for unpaid claims shall be in addition to monies reserved to cover the claims paid during the term of the policy, or contract for payment of healthcare costs for the employees, retirees, and other beneficiaries.
History of Section.
P.L. 2017, ch. 405, § 1; P.L. 2017, ch. 421, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25 - Protection and Advocacy System — Right of Access › Section 40.1-25-1. - Right of access.

§ 40.1-25-1. Right of access.
Any facility rendering care or treatment to a mentally ill individual as defined in § 40.1-25-2 shall permit the protection and advocacy system established by 42 U.S.C. § 10801 et seq., and its designees as certified by that agency, whose purposes include rendering assistance without charge to mentally ill individuals to have access to a facility in order to:
(1)
Communicate privately by mail or orally with any person in treatment.
(2)
Inspect all records relating to persons in treatment, provided that the person in treatment, or his or her guardian, gives written permission.
(3)
Take whatever steps are appropriate, including posting notice, to see that persons are made aware of the services of the protection and advocacy system, its purpose, and how it can be contacted. Officials in charge of each facility shall cooperate with the protection and advocacy system in this respect.
(4)
Take action it deems appropriate to protect the rights of those criminally insane patients included within the forensic unit of the department of behavioral healthcare, developmental disabilities and hospitals and those previously considered to be within the authority of the Interstate Compact on the Mentally Disordered Offender.
(5)
Have access to policies, rules, and regulations affecting care, rights, or responsibilities of individuals residing therein.
(6)
Investigate incidents of abuse and neglect of mentally ill individuals if incidents are reported to the system or if there is probable cause to believe the incidents occurred.
History of Section.
P.L. 1988, ch. 275, § 1; P.L. 1997, ch. 326, § 142.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25 - Protection and Advocacy System — Right of Access › Section 40.1-25-2. - Definitions.

§ 40.1-25-2. Definitions.
(a)
“Facility rendering care or treatment” means and includes, but is not limited to, public and private hospitals, community residences as defined by § 40.1-24.5-1, shelter-care facilities, board-and-care facilities, group homes, nursing homes, and other congregate living facilities for mentally ill individuals.
(b)
“Mentally ill individual” means an individual:
(1)
Who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the state; and
(2)
Who is an inpatient or resident in a facility as defined in subsection (a).
History of Section.
P.L. 1988, ch. 275, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25 - Protection and Advocacy System — Right of Access › Section 40.1-25-3. - Penalties.

§ 40.1-25-3. Penalties.
Any facility that violates the requirements of this chapter shall be guilty of a misdemeanor for the violation, punishable by a fine of up to five hundred dollars ($500) and/or six (6) months in jail.
History of Section.
P.L. 1988, ch. 275, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25.1 - Employee Criminal Records Check › Section 40.1-25.1-1. - Purpose.

§ 40.1-25.1-1. Purpose.
In order to provide protection for persons residing in or receiving services from facilities, programs, or agencies licensed, funded, and/or operated by the department of behavioral healthcare, developmental disabilities and hospitals, all persons eighteen (18) years or older seeking employment in any facility or program licensed, funded, and/or operated by the department shall be required to undergo a national criminal background check for the purpose of determining whether the prospective employee has been convicted of a crime that bears upon his or her fitness to have the responsibility for the safety and well-being of persons residing in or receiving services from facilities, programs, or agencies licensed, funded, and/or operated by the department.
History of Section.
P.L. 2001, ch. 410, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25.1 - Employee Criminal Records Check › Section 40.1-25.1-2. - Definitions.

§ 40.1-25.1-2. Definitions.
For purposes of this chapter:
(1)
“Agency” means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, persons who are mentally ill, and persons who are substance abusers and that is licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to § 40.1-24-1 et seq.
(2)
“Applicant for employment” means a person over the age of eighteen (18) who has applied for and been offered employment in a facility, program, or agency licensed, funded, and/or operated by the department.
(3)
“Department” means the department of behavioral healthcare, developmental disabilities and hospitals.
(4)
“Director” means the director of the department of behavioral healthcare, developmental disabilities and hospitals or the designee of the director.
(5)
“Employer” means any facility, program, or agency licensed and/or funded by the department of behavioral healthcare, developmental disabilities and hospitals and shall mean the department when the facility or program is operated by the department.
(6)
“Facility” means any community residence, day-treatment program, rehabilitation program, public or private, excluding hospitals, except for the Eleanor Slater Hospital, providing program services that do not constitute medical or custodial care but do offer rehabilitation, habilitation, psychological support, and social guidance.
(7)
“Program” means a planned service-delivery system structured to provide specific components, that are responsive to the needs of those served.
History of Section.
P.L. 2001, ch. 410, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25.1 - Employee Criminal Records Check › Section 40.1-25.1-4. - Prior criminal records check.

§ 40.1-25.1-4. Prior criminal records check.
If an applicant has undergone a national criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification of the state police or the local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification of the state police or the local police department shall respond without disclosing the nature of any disqualifying information. The letter shall be maintained on file to satisfy the requirements of this chapter.
History of Section.
P.L. 2001, ch. 410, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25.1 - Employee Criminal Records Check › Section 40.1-25.1-5. - Destruction of fingerprint records.

§ 40.1-25.1-5. Destruction of fingerprint records.
At the conclusion of any background check required by this chapter, the state police or the local police department will promptly destroy the fingerprint card of the applicant.
History of Section.
P.L. 2001, ch. 410, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25.1 - Employee Criminal Records Check › Section 40.1-25.1-6. - Rules and regulations.

§ 40.1-25.1-6. Rules and regulations.
The director shall promulgate rules and regulations to carry out the intent of this chapter. The rules shall specify the types of jobs and positions that would require national criminal background checks and the rules shall specify those items of information appearing on a criminal records check that constitute disqualifying information because that information would indicate that the employment could endanger the health or welfare of patients, clients, or residents. The rules and regulations shall specify that the department shall bear the responsibility for the cost of the national background checks. In doing so, the department shall consider and seek all possible avenues of reimbursement for these background checks. In no event shall the provider, the state or local police department, or the applicant be responsible for any portion of the cost of the national background check.
History of Section.
P.L. 2001, ch. 410, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25.1 - Employee Criminal Records Check › Section 40.1-25.1-7. - Immunity from liability.

§ 40.1-25.1-7. Immunity from liability.
No employer who disqualifies an individual from employment because of the receipt of a notice of disqualifying information pursuant to this chapter shall be liable for civil damages or subject to any claim, cause of action, or proceeding of any nature as a result of such disqualification.
History of Section.
P.L. 2001, ch. 410, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-1. - Short title.

§ 40.1-26-1. Short title.
This chapter shall be known as the “Rights for Persons with Developmental Disabilities.”
History of Section.
P.L. 1990, ch. 414, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-3.1. - Applicant’s rights.

§ 40.1-26-3.1. Applicant’s rights.
In addition to any other rights provided by state or federal laws, an applicant, as defined in this chapter, shall be entitled to:
(1)
Notification in a timely manner regarding his or her application;
(2)
Receive information regarding the appeal process;
(3)
Receive information regarding the scope and availability of services.
History of Section.
P.L. 1994, ch. 83, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-4. - Requirements of agencies.

§ 40.1-26-4. Requirements of agencies.
(a)
In a manner consistent with the participant’s learning style, every agency shall provide to participants and/or advocates, upon entry into the agency and at the yearly review of the individualized plan information describing the participant rights, the name, address, and phone number of the human rights committee chair, or his or her designee; the participant grievance procedure as required by § 40.1-26-5; and the availability of free legal assistance. Every agency shall also post a notice describing the information set out in this subsection.
(b)
Every agency shall establish or participate in a human rights committee comprised of persons with developmental disabilities; family members of persons with developmental disabilities; qualified persons who have either experience or training in contemporary practices to change inappropriate participant behavior; advocates of persons with developmental disabilities; and staff of agencies providing services to persons with developmental disabilities; provided, however, that employees and/or their spouses of the agency shall not participate in that agency’s human rights committee as voting members.
(c)
Every agency shall utilize the human rights committee to review, approve, and monitor individual plans designed to modify behavior that utilize aversive techniques or impair the participant’s liberty and other plans, policies, and procedures that involve risks to participant protection and rights. No agency shall implement a plan to modify behavior, or any other plan, policy, or procedure described in this section without prior approval by the human rights committee.
(d)
Every agency shall maintain incident reports documenting (1) any injury, any physical or emergency chemical restraint, or alleged human rights violation, including, but not limited to, allegations of abuse, neglect, mistreatment, and (2) serious incidents.
(e)
Every agency shall provide the human rights committee with copies of all incident reports completed by the agency.
(f)
Every agency shall provide the human rights committee with copies of all grievances filed by participants or advocates and a copy of the final resolution of the grievance.
History of Section.
P.L. 1990, ch. 414, § 1; P.L. 1994, ch. 83 § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-4.1. - Aversive interventions — Prohibitions.

§ 40.1-26-4.1. Aversive interventions — Prohibitions.
It shall be unlawful for any agency to use prohibited aversive intervention techniques on a person with a developmental disability in the state of Rhode Island. The specific strategies to be prohibited within the context of behavioral treatment interventions include, but are not limited to, the following:
(1)
Noxious, painful, intrusive stimuli or activities that result in pain;
(2)
Any form of noxious, painful, or intrusive spray or inhalant;
(3)
Electric shock;
(4)
Water spray to the face;
(5)
Pinches and deep muscle squeezes;
(6)
Shouting, screaming, or using a loud, sharp, harsh voice to frighten or threaten or use of obscene language;
(7)
Withholding adequate sleep;
(8)
Withholding adequate shelter or bedding;
(9)
Withholding bathroom facilities;
(10)
Withholding meals, essential nutrition, or hydration;
(11)
Removal of an individual’s personal property as punishment;
(12)
Unobserved time-out or room/area solely used for time out;
(13)
Facial or auditory screening devices; and
(14)
Use of chemical restraints instead of positive programs or medical treatments.
History of Section.
P.L. 1997, ch. 136, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-5. - Participant grievance procedure.

§ 40.1-26-5. Participant grievance procedure.
(a)
Every agency must establish a written grievance procedure. The grievance procedure shall be presented to every participant or applicant in a manner consistent with the participant’s or applicant’s learning style and be conspicuously posted in each agency. The notice of grievance procedure shall include the name of organizations that provide free legal assistance.
(b)
The participant, applicant, or advocate shall be entitled to initiate a grievance at all times and to this end, grievance forms shall be made available at all times. It shall be the duty of each agency to encourage and assist the participant or applicant in exercising his or her rights under this section.
(c)
The participant, applicant, or advocate shall initiate the grievance by filing a grievance form with the director of the agency. The director shall forthwith forward a copy of the grievance form to the chair of the human rights committee.
(d)
The director, or his or her designee, with the assistance of the chair of the human rights committee, or his or her designee, shall investigate the grievance and issue a written decision to the participant, applicant, or advocate within five (5) business days of receipt of the grievance. The written decision shall include a copy of the grievance; a list of persons interviewed in the investigation; the steps taken to resolve the grievance; and the conclusion of the director, or his or her designee.
(e)
A participant, applicant, or advocate who is not satisfied with the decision of the director shall have the right to appeal that decision under regulations promulgated by the department of behavioral healthcare, developmental disabilities and hospitals. These regulations shall, at a minimum, provide for review of the grievance as a “contested case” at an administrative hearing that meets the requirements of § 42-35-9. The chair of the human rights committee, or his or her designee, shall, if necessary, assist the participant in requesting a review.
History of Section.
P.L. 1990, ch. 414, § 1; P.L. 1994, ch. 83, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-6. - Immunity from liability.

§ 40.1-26-6. Immunity from liability.
The state shall protect and hold harmless any volunteer member of a human rights committee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her duties with the committee and within the scope of his or her activities therewith that may constitute negligence but which acts are not wanton, malicious, or grossly negligent as determined by a court of competent jurisdiction.
History of Section.
P.L. 1990, ch. 414, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-6.1. - Good-faith immunity.

§ 40.1-26-6.1. Good-faith immunity.
Any volunteer member of a human rights committee, acting in good faith and meeting the requirements of this statute, shall have immunity from any liability, civil or criminal, that might be incurred in the performance of his or her duties as a volunteer member of a human rights committee and shall not be made to answer in any court for his or her participation as a volunteer member of a human rights committee.
History of Section.
P.L. 1994, ch. 83, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-7. - Deprivation of rights — Penalty.

§ 40.1-26-7. Deprivation of rights — Penalty.
Any person who willfully withholds from, or denies to, any participant in an agency any of his or her rights as granted in this chapter or who retaliates against a participant who exercises the right to register an alleged violation of rights or on whose behalf a grievance is filed, shall, on conviction thereof, be fined not exceeding five hundred dollars ($500) or imprisoned not exceeding six (6) months.
History of Section.
P.L. 1990, ch. 414, § 1; P.L. 1994, ch. 83, § 2; P.L. 1997, ch. 326, § 143.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-8. - Disqualification.

§ 40.1-26-8. Disqualification.
A person convicted of any crime under this chapter shall be disqualified from holding any position in any agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals.
History of Section.
P.L. 1994, ch. 83, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-9. - Nonduplication.

§ 40.1-26-9. Nonduplication.
Nothing in this chapter shall be construed to relieve any state or federal agency from its responsibilities and obligations as set forth in state or federal law.
History of Section.
P.L. 1994, ch. 83, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-10. - Office of quality assurance.

§ 40.1-26-10. Office of quality assurance.
The director of the department of behavioral healthcare, developmental disabilities and hospitals shall establish, within the division of developmental disabilities, an office of quality assurance for persons with developmental disabilities. The purpose of the office shall be to:
(1)
Assure the quality of services provided by agencies or individuals to participants as defined in this chapter;
(2)
Provide for the protection and promotion of the legal and civil rights of participants provided in § 40.1-26-3;
(3)
As the designated office for the director of behavioral healthcare, developmental disabilities and hospitals, investigate and evaluate, or cause to be investigated and evaluated, reports made pursuant to § 40.1-27-2.
History of Section.
P.L. 1994, ch. 83, § 3.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-26 - Rights for Persons with Developmental Disabilities › Section 40.1-26-11. - Enforcement.

§ 40.1-26-11. Enforcement.
The department shall promulgate rules and regulations to carry out the intent of this chapter.
History of Section.
P.L. 1997, ch. 136, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-1. - Definitions.

§ 40.1-27-1. Definitions.
(a)
“Abuse” means:
(1)
Any assault as defined in chapter 5 of title 11;
(2)
Any assault as defined in chapter 37 of title 11;
(3)
Any offense under chapter 10 of title 11;
(4)
Any conduct that harms or is likely to physically harm the participant except where the conduct is a part of the care and treatment, and in furtherance of the health and safety of the participant; or
(5)
Intentionally engaging in a pattern of harassing conduct that is intended to cause psychological harm to the participant; provided, however, nothing herein shall be construed to prohibit the prosecution of any violator of this section under any other section.
(b)
“Mistreatment” means the inappropriate use of medications, isolation, or use of physical or chemical restraints as punishment, for staff convenience, as a substitute for treatment or care, in conflict with a physician’s order, or in quantities, which inhibit effective care or treatment, which harms or is likely to harm the participant.
(c)
“Neglect” means the failure to provide treatment, care, goods, and services necessary to maintain the health and safety of the participant, or the failure to carry out a plan of treatment or care prescribed by the physician of the participant; provided, however, no person shall be considered to be neglected for the sole reason that he or she relies or is being furnished treatment in accordance with the tenets and teachings of a well-recognized church or denomination by a duly accredited practitioner thereof.
(d)
“Participant” means any person with developmental disabilities who participates in a program.
(e)
“Program” means any day-treatment program, habilitation program, rehabilitation program or other program for persons with developmental disabilities licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to § 40.1-24-1 et seq.
History of Section.
P.L. 1990, ch. 414, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-2. - Duty to report.

§ 40.1-27-2. Duty to report.
(a)
Any person within the scope of his or her employment at a program or in his or her professional capacity who has knowledge of, or reasonable cause to believe, that a participant in a program has been abused, mistreated, or neglected shall make, within twenty-four (24) hours or by the end of the next business day, a written report to the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her designee. The report shall contain:
(1)
The name, address, telephone number, occupation, and employer’s address and the phone number of the person reporting;
(2)
The name and address of the participant who is believed to be the victim of the abuse, mistreatment, or neglect;
(3)
The details, observations, and beliefs concerning the incident(s);
(4)
Any statements regarding the incident made by the participant and to whom they were made;
(5)
The date, time, and place of the incident;
(6)
The name of any individual(s) believed to have knowledge of the incident; and
(7)
The name of any individual(s) believed to have been responsible for the incident.
(b)
In addition to those persons required to report pursuant to this section, any other person may make a report if that person has reasonable cause to believe that a participant has been abused, mistreated, or neglected.
History of Section.
P.L. 1990, ch. 414, § 1; P.L. 2006, ch. 216, § 32; P.L. 2012, ch. 254, § 6; P.L. 2012, ch. 264, § 6.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-4. - Penalty — Failure to report.

§ 40.1-27-4. Penalty — Failure to report.
(a)
Any person so required to make a report as provided by § 40.1-27-2 and who fails to do so shall be guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($500).
(b)
Any person who alters or changes without authorization or destroys or renders unavailable a report made by another pursuant to § 40.1-27-2 shall be guilty of a misdemeanor and be fined not more than five hundred dollars ($500).
(c)
Any person who shall attempt, with or without threats or promises of benefit, to induce another to fail to report an incident of abuse, mistreatment, or neglect shall be guilty of a misdemeanor and be punished by a fine of not more than one thousand dollars ($1,000) or imprisoned for more than one year, or both.
(d)
Any person who fails to report an incident of abuse, mistreatment, or neglect after another has indicated a reliance on the reporting pursuant to § 40.1-27-2 shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) or imprisoned for more than one year, or both.
History of Section.
P.L. 1990, ch. 414, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-5. - Physician’s report of examination — Duty of program.

§ 40.1-27-5. Physician’s report of examination — Duty of program.
Whenever a program shall receive a report by a person other than a physician that a participant has been harmed as a result of abuse, neglect, or mistreatment, the program shall have the patient examined by a licensed physician. It shall be mandatory for the physician to make a preliminary report of his or her findings to the director of the department of behavioral healthcare, developmental disabilities and hospitals and to the program within forty-eight (48) hours after his or her examination, and a written report within five (5) days after his or her examination.
History of Section.
P.L. 1990, ch. 414, § 1; P.L. 2012, ch. 254, § 6; P.L. 2012, ch. 264, § 6.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-6. - Immunity from liability.

§ 40.1-27-6. Immunity from liability.
Any person who, in good faith, makes an oral or written report pursuant to § 40.1-27-2, excluding any perpetrator or conspirator of the acts described in § 40.1-27-1, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made the report. No program shall discharge, or in any manner discriminate or retaliate against any person who, in good faith, makes a report, testifies, or is about to testify in any proceeding about the abuse, mistreatment, or neglect of participants.
History of Section.
P.L. 1990, ch. 414, § 1; P.L. 1997, ch. 326, § 144.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-7. - Non-retaliation or discrimination.

§ 40.1-27-7. Non-retaliation or discrimination.
A program that discharges, discriminates, or retaliates against a person who makes a report, testifies, or is about to testify in any proceeding, shall be liable to the person so discharged, discriminated, or retaliated against, for treble damages, costs, and attorney’s fees.
History of Section.
P.L. 1990, ch. 414, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-8. - Abrogation of privilege.

§ 40.1-27-8. Abrogation of privilege.
Any privilege established by chapter 37.3 of title 5, or any professional code relating to the exclusion of confidential communications and/or the competency of witnesses, may not be invoked in any civil or criminal action arising out of a report made pursuant to this chapter or the failure to make a report as required by this chapter.
History of Section.
P.L. 1990, ch. 414, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-9. - Notice — Posting provisions.

§ 40.1-27-9. Notice — Posting provisions.
A notice of the reporting requirements imposed under this chapter, and of the penalty imposed for failure to report, shall be conspicuously posted on each floor of any program required to be licensed under the provisions of § 40.1-24-1 et seq.
History of Section.
P.L. 1990, ch. 414, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-27 - Penalties for Abuse of Persons with Developmental Disabilities › Section 40.1-27-10. - Penalties for acts of abuse or neglect.

§ 40.1-27-10. Penalties for acts of abuse or neglect.
(a)
Any person who knowingly abuses, mistreats, or neglects a participant, or commits any acts of abuse, mistreatment, or neglect as those terms are defined by § 40.1-27-1(a)(1), (2), (3), or (4), shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or both.
(b)
Any person who commits any act of abuse as the term is defined by § 40.1-27-1(a)(5) shall be fined not more than five hundred dollars ($500) or imprisoned not more than one year, or both.
History of Section.
P.L. 1990, ch. 414, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-28 - Governor’s Council on Substance Abuse [Repealed.] › Section 40.1-28-1 - — 40.1-28-6. [Repealed.]

§ 40.1-28-1 — 40.1-28-6. [Repealed.]
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-29 - Governor’s Council on Behavioral Health › Section 40.1-29-1. - Name.

§ 40.1-29-1. Name.
There is hereby created the Governor’s Council on Behavioral Health, hereinafter referred to as “the council.”
History of Section.
P.L. 2001, ch. 57, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-29 - Governor’s Council on Behavioral Health › Section 40.1-29-2. - Legislative purpose.

§ 40.1-29-2. Legislative purpose.
The purpose of the council is to advise the governor and general assembly on policies, goals, and operations of the behavioral health program, including the program areas of substance use disorder and mental health, and on other matters the director of behavioral healthcare, developmental disabilities and hospitals refers to it and to encourage public understanding and support of the behavioral health program.
History of Section.
P.L. 2001, ch. 57, § 1; P.L. 2017, ch. 124, § 1; P.L. 2017, ch. 143, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-29 - Governor’s Council on Behavioral Health › Section 40.1-29-3. - Members.

§ 40.1-29-3. Members.
(a)
The council shall consist of thirty-two (32) voting members.
(1)
There shall be four (4) members of the legislature, two (2) shall be from the senate and shall be appointed by the senate president to serve for their legislative term, one from each of the major political parties, and two (2) shall be from the house of representatives and shall be appointed by the speaker to serve for their legislative term, one from each of the two (2) major political parties.
(2)
The nonlegislative members shall be the executive director of the Substance Use and Mental Health Leadership Council of RI, the mental health advocate, the child advocate, a representative of the AFL-CIO to be appointed by the governor, and the president of the Hospital Association of Rhode Island or a designee thereof.
(3)
The remaining twenty-three (23) public members shall be appointed by and serve at the pleasure of the governor and shall represent community interests such as substance use disorder treatment and prevention professionals; youth with behavioral health challenges, or their representatives; consumers of substance-use disorder programs and their families; mental health treatment professionals; adult and elderly consumers of mental health services and their families; families of children who are consumers of mental health and substance-use disorder services; the judiciary; criminal justice officials; and local government officials.
(4)
Not less than fifty (50%) percent of the public members shall be individuals who are not state employees or providers of behavioral health services.
(5)
There shall be sufficient representation by the families of children who are consumers of mental health and substance-use disorder services in order to ensure adequate representation of such children.
(6)
Every effort shall be made to ensure that appointed members represent the cultural diversity of the state.
(7)
All members shall have demonstrable expertise in, or experience with, substance use disorders or mental health services in Rhode Island. In addition, the directors, or their designees, of the departments of children, youth and families; corrections; education; health; human services; behavioral healthcare, developmental disabilities and hospitals; the office of healthy aging; the attorney general, or designee, and the executive director of the Rhode Island justice commission shall serve as ex officio and without a vote as members of the council.
(b)
Any vacancy that may occur in the council shall be filled in the same manner as the original appointments.
(c)
The governor shall designate one member as the chairperson of the council.
History of Section.
P.L. 2001, ch. 57, § 1; P.L. 2006, ch. 216, § 33; P.L. 2017, ch. 124, § 1; P.L. 2017, ch. 143, § 1; P.L. 2017, ch. 168, § 1; P.L. 2017, ch. 172, § 1; P.L. 2022, ch. 286, § 1, effective June 29, 2022; P.L. 2022, ch. 287, § 1, effective June 29, 2022.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-29 - Governor’s Council on Behavioral Health › Section 40.1-29-4. - Meetings.

§ 40.1-29-4. Meetings.
The council shall meet at least six (6) times a year. Failure to attend three (3) meetings in a year may result in a recommendation of removal from the council to the governor or other appropriate appointing authority. A quorum at the meeting shall consist of seven (7) voting members present.
History of Section.
P.L. 2001, ch. 57, § 1; P.L. 2017, ch. 124, § 1; P.L. 2017, ch. 143, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-29 - Governor’s Council on Behavioral Health › Section 40.1-29-5. - Functions.

§ 40.1-29-5. Functions.
The functions of the council shall be:
(1)
To review and evaluate the behavioral health needs and problems in the state and propose such recommendations as are appropriate;
(2)
To stimulate and seek the development and coordination of all programs relating to behavioral health, including, but not limited to, such areas as care and treatment, prevention, manpower, research, and public education;
(3)
To encourage interdisciplinary approaches to combating, treating, and preventing substance use disorders and mental illness, focusing in particular on integrating support systems for behavioral health care;
(4)
To act as the advisory committee to the department of behavioral healthcare, developmental disabilities and hospitals and the governor on any funds made available to the department by the federal government for substance use disorders and/or mental health treatment and prevention purposes;
(5)
To stimulate and investigate research as it affects planning and implementation of behavioral healthcare systems in the healthcare environment;
(6)
To make an annual report to the governor and the general assembly during the month of January, setting forth:
(i)
The nature and extent of the behavioral healthcare problems in the state;
(ii)
Information and recommendations as the council deems necessary to deal with the problems as documented;
(iii)
A review of the council’s activities during the preceding year, including but not limited to, reports relative to activity, performance, and need;
(iv)
Any plans developed by the council to deal with the behavioral healthcare problems identified by the council;
(v)
Other recommendations as may be appropriate and in the public interest.
History of Section.
P.L. 2001, ch. 57, § 1; P.L. 2017, ch. 124, § 1; P.L. 2017, ch. 143, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-29 - Governor’s Council on Behavioral Health › Section 40.1-29-6. - Staff and employees.

§ 40.1-29-6. Staff and employees.
The director of behavioral healthcare, developmental disabilities and hospitals shall provide the council with professional and secretarial staff and other support as shall be appropriate for it to carry out its designated functions. The director of the department of children, youth and families and the director of the office of healthy aging shall provide the council with additional professional and secretarial staff and other employees as shall be appropriate for the council to carry out functions related to the respective responsibilities of these departments. All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the council that is deemed necessary to fulfill the purpose and functions of the council.
History of Section.
P.L. 2001, ch. 57, § 1; P.L. 2017, ch. 124, § 1; P.L. 2017, ch. 143, § 1.
2023 Rhode Island General Laws › Title 41 - Sports, Racing, and Athletics › Chapter 41-1 - Division of Gaming and Athletics Licensing › Section 41-1-1. - Division of gaming and athletics licensing — Duties.

§ 41-1-1. Division of gaming and athletics licensing — Duties.
Within the department of business regulation there shall be a division of gaming and athletics licensing. The division shall supervise the enforcement of all laws relating to the regulation and control of racing and athletics, and may in the first instance make decisions and issue orders, subject to appeal to the racing and athletics hearing board. The division shall exercise all powers and duties prescribed by chapters 3, 3.1, 4, 5, 7, and 11 of this title, and all other acts relative to the regulation and supervision of horse racing, dog racing, and athletics, heretofore performed by the commission on horse racing and athletics. The division shall comply with § 42-14-14 in the conduct of any investigation related to any license application, permit and/or registration related to chapters 3, 3.1, 4, 7, and 11 of this title. The division may comply with § 42-14-14 in the conduct of any investigation related to any license application, permit and/or registration related to chapters 5 and 5.2 of this title. The investigation shall require the applicant to apply to the bureau of criminal identification of the Rhode Island state police or the Rhode Island department of the attorney general for a nationwide criminal records check with fingerprinting. The applicant shall be responsible for payment of the costs of the criminal records check. The Rhode Island state police or the Rhode Island department of the attorney general, as applicable, shall send the results of the criminal records check to the division. Once the results are sent to and received by the Rhode Island lottery, the Rhode Island state police and the Rhode Island department of attorney general shall promptly destroy the fingerprint record(s). On or before February 1, 2011, the agency shall adopt rules and regulations establishing criteria to be used in determining whether, based upon a criminal records check, an application will be approved.
History of Section.
P.L. 1987, ch. 118, art. 25, § 2; P.L. 2010, ch. 252, § 2; P.L. 2016, ch. 528, § 2.
2023 Rhode Island General Laws › Title 41 - Sports, Racing, and Athletics › Chapter 41-1 - Division of Gaming and Athletics Licensing › Section 41-1-2. - Collection of and accounting for racing taxes.

§ 41-1-2. Collection of and accounting for racing taxes.
The division of gaming and athletics licensing shall exercise all the powers and duties prescribed by chapters 3, 3.1, and 4 of this title, and all subsequent acts in amendment thereof and in addition thereto, relating to the collection of and accounting for racing taxes and fees heretofore performed by the commission on horse racing and athletics.
History of Section.
P.L. 1987, ch. 118, art. 25, § 2.
2023 Rhode Island General Laws › Title 41 - Sports, Racing, and Athletics › Chapter 41-1 - Division of Gaming and Athletics Licensing › Section 41-1-3. - Construction of references — Continuity of functions.

§ 41-1-3. Construction of references — Continuity of functions.
(a)
Whenever in any general or public law, and more particularly in this title, the words “commission on horse racing and athletics,” or the word “commission” in reference to the commission, shall appear, the words shall be deemed to refer to and mean the division of gaming and athletics licensing in the department of business regulation. The division shall be deemed and held to constitute a continuation of the former commission on horse racing and athletics. The governor is authorized to transfer or reallocate by executive order the whole, or any part of, the appropriation of the former commission on horse racing and athletics to the department and the division.
(b)
Whenever in any general law or public law the words “division of racing and athletics” shall appear, the words shall be deemed to mean the division of gaming and athletics licensing in the department of business regulation.
History of Section.
P.L. 1987, ch. 118, art. 25, § 2; P.L. 2007, ch. 76, § 1; P.L. 2007, ch. 81, § 1; P.L. 2016, ch. 528, § 2.
2023 Rhode Island General Laws › Title 41 - Sports, Racing, and Athletics › Chapter 41-2 - Racing and Athletics Hearing Board › Section 41-2-1. - Board created — Appointment and removal of members.

§ 41-2-1. Board created — Appointment and removal of members.
(a)
Within the executive department there shall be a racing and athletics hearing board. The hearing board shall consist of three (3) members, not more than two (2) of whom shall be members of the same political party, who shall be appointed by the governor as provided in this section. In the month of February in each odd numbered year, the governor shall appoint one member of the board to hold office until the first day of March in the sixth year after his or her appointment and until his or her successor is appointed and qualified to succeed the member whose term will next expire.
(b)
Any vacancy which may occur in the board shall be filled by appointment by the governor for the remainder of the unexpired term. A member of the board may be removed by the governor only for cause, after being given a copy of charges against him or her and an opportunity to be heard publicly on the charges before the governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.
History of Section.
P.L. 1939, ch. 660, § 126; impl. am. P.L. 1946, ch. 1746, § 1; G.L. 1956, § 41-2-1; P.L. 1997, ch. 326, § 145.