reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.6 - Pain Assessment Act › Section 5-37.6-1. - Short title.

§ 5-37.6-1. Short title.
This chapter shall be known and may be cited as the “Pain Assessment Act.”
History of Section.
P.L. 2002, ch. 331, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.6 - Pain Assessment Act › Section 5-37.6-2. - Findings.

§ 5-37.6-2. Findings.
The general assembly finds and declares that:
(1)
Pain affects quality of life, job performance, and security;
(2)
Nearly thirty percent (30%) of nursing home residents with daily pain were receiving no pain medication of any form;
(3)
Pain untreated or under-treated adversely impacts the quality of life for patients;
(4)
Up to ninety-five percent (95%) of terminally ill patients’ pain can be relieved with adequate pain management; and
(5)
Too many Rhode Islanders are suffering and dying in needless pain.
History of Section.
P.L. 2002, ch. 331, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.6 - Pain Assessment Act › Section 5-37.6-3. - Definitions.

§ 5-37.6-3. Definitions.
As used in this chapter, the following terms have the following meanings:
(1)
“Assessment of pain” means the act of assessing an unpleasant sensation occurring in varying degrees of severity as a consequence of injury, disease, or emotional disorder.
(2)
“Director” means the director of the department of health.
(3)
“Healthcare facilities” is defined in the same manner as in § 23-17-2.
(4)
“Healthcare provider” means any person licensed by this state to provide or lawfully providing healthcare services, including, but not limited to, a physician, dentist, optometrist, nurse, podiatrist, physical therapist, nurse practitioner, or physician’s assistant.
(5)
“Person” means any individual, trust or estate, partnership, limited-liability corporation, corporation (including associations, joint stock companies, and insurance companies), state, or political subdivision or instrumentality of a state.
(6)
“Regular basis” means a procedure done on a customary, usual, normal, orderly, even, or symmetrical schedule.
History of Section.
P.L. 2002, ch. 331, § 1; P.L. 2005, ch. 410, § 4.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.6 - Pain Assessment Act › Section 5-37.6-4. - Pain assessment.

§ 5-37.6-4. Pain assessment.
(a)
Healthcare facilities and healthcare providers shall conduct an assessment of pain experienced by a patient on a regular basis.
(b)
The assessment of pain shall be noted in the patient’s chart in a manner consistent with vital signs.
History of Section.
P.L. 2002, ch. 331, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.6 - Pain Assessment Act › Section 5-37.6-5. - Regulations.

§ 5-37.6-5. Regulations.
(a) Promulgation by department.
The director of the department shall promulgate regulations relating to the assessment of pain requirements of this chapter.
(b) Educational materials.
The director shall make available educational and informational materials concerning the assessment of pain to healthcare facilities and healthcare providers.
History of Section.
P.L. 2002, ch. 331, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.6 - Pain Assessment Act › Section 5-37.6-6. - Enforcement.

§ 5-37.6-6. Enforcement.
The director of the department of health shall have the power to enforce the provisions of this chapter.
History of Section.
P.L. 2002, ch. 331, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.6 - Pain Assessment Act › Section 5-37.6-7. - Penalty.

§ 5-37.6-7. Penalty.
(a)
Every person who shall willfully and continually violate the provisions of this chapter is subject to a fine up to one hundred dollars ($100) for a first violation and any other remedy provided for in the Rhode Island law.
(b)
Every person who shall continuously violate this chapter is subject to a fine up to five hundred dollars ($500) for each subsequent violation in addition to any other remedy provided for in the Rhode Island law.
History of Section.
P.L. 2002, ch. 331, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.6 - Pain Assessment Act › Section 5-37.6-8. - Severability.

§ 5-37.6-8. Severability.
If any provision of this chapter or any rule or regulation made under this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid by any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the provision to other persons or circumstances shall not be affected by that invalidity. The invalidity of any section or sections or parts of any section of this chapter shall not affect the validity of the remainder of this chapter and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 2002, ch. 331, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-1. - Short title.

§ 5-37.7-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Health Information Exchange Act of 2008.”
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-2. - Statement of purpose.

§ 5-37.7-2. Statement of purpose.
The purpose of this chapter is to establish safeguards and confidentiality protections for the HIE in order to improve the quality, safety, and value of health care by promoting interoperability, enhancing electronic communication between providers, and supporting public health goals, while keeping confidential healthcare information secure.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2; P.L. 2021, ch. 362, § 1, effective July 12, 2021; P.L. 2021, ch. 364, § 1, effective July 12, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-4. - Use of the health information exchange.

§ 5-37.7-4. Use of the health information exchange.
(a)
There shall be established a statewide HIE under state authority to allow for the electronic mobilization of confidential healthcare information in Rhode Island. Confidential healthcare information may only be accessed, released, or transferred from the HIE in accordance with this chapter.
(b)
The state has an interest in encouraging use of the HIE by all interested parties, including, but not limited to, healthcare providers, patients, health plans, entities submitting information to the HIE, entities obtaining information from the HIE, and the RHIO.
(c)
Except as provided in § 5-37.7-7(b), patients shall have the choice to opt out of having their confidential healthcare information disclosed from the HIE through the process defined in regulations in accordance with § 5-37.7-5.
(d)
Provider participants must continue to maintain their own medical record meeting the documentation and other standards imposed by otherwise applicable law.
(e)
The state agencies may submit to the HIE and/or receive from the HIE applicable confidential healthcare information for public health purposes.
(f)
Nothing contained herein shall have an impact on the content of, or use or disclosure of, confidential healthcare information of patients that is held in locations other than the HIE. Nothing in this chapter shall be construed to limit, change, or otherwise affect entities’ rights to exchange confidential healthcare information in accordance with other applicable laws.
(g)
The state hereby imposes on the HIE and the RHIO as a matter of state law, the obligation to maintain, and abide by the terms of, HIPAA-compliant business associate agreements, including, without limitation, the obligations to use appropriate safeguards to prevent use or disclosure of confidential healthcare information in accordance with HIPAA, other state and federal laws, and this chapter; not to use or disclose confidential healthcare information other than as permitted by HIPAA and this chapter; or to make any amendment to a confidential healthcare record that a provider participant so directs; and to respond to a request by a patient to make an amendment to the patient’s healthcare record.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2; P.L. 2016, ch. 67, § 1; P.L. 2016, ch. 71, § 1; P.L. 2021, ch. 362, § 1, effective July 12, 2021; P.L. 2021, ch. 364, § 1, effective July 12, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-5. - Regulatory oversight.

§ 5-37.7-5. Regulatory oversight.
(a)
The department shall develop regulations regarding the confidentiality of patient information received, accessed, or held by the HIE and is authorized to promulgate other regulations as the department deems necessary or desirable to implement the provisions of this chapter, in accordance with the provisions set forth in chapter 17 of title 23 and chapter 35 of title 42.
(b)
The department has exclusive jurisdiction over the HIE, except with respect to the jurisdiction conferred upon the attorney general in § 5-37.7-13. This chapter shall not apply to any other private and/or public health information systems utilized within a healthcare provider or other organization that provides healthcare services.
(c)
The department shall promulgate rules and regulations for the establishment of an HIE advisory commission. The HIE advisory commission, in consultation with the RHIO, will be responsible for recommendations relating to the department regarding the use of, and appropriate confidentiality protections for, the confidential healthcare information of the HIE. The commission members shall be subject to the advice and consent of the senate. The commission shall report annually to the department, and the report shall be made public.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2; P.L. 2021, ch. 362, § 1, effective July 12, 2021; P.L. 2021, ch. 364, § 1, effective July 12, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-6. - Regional health information organization.

§ 5-37.7-6. Regional health information organization.
The RHIO shall, subject to and consistent with department regulations and contractual obligations it has with the state, be responsible for implementing recognized national standards for interoperability and all administrative, operational, and financial functions to support the HIE, including, but not limited to, implementing and enforcing policies for receiving, retaining, safeguarding, and disclosing confidential healthcare information as required by this chapter. The RHIO is deemed to be the steward of the confidential healthcare information for which it has administrative responsibility.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2; P.L. 2021, ch. 362, § 1, effective July 12, 2021; P.L. 2021, ch. 364, § 1, effective July 12, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-8. - Security.

§ 5-37.7-8. Security.
The HIE must be subject to at least the following security procedures:
(1)
Authenticate the recipient of any confidential healthcare information disclosed by the HIE pursuant to this chapter pursuant to rules and regulations promulgated by the department;
(2)
Limit authorized access to personally identifiable confidential healthcare information to persons having a need to know that information; additional employees or agents may have access to de-identified information;
(3)
Identify an individual or individuals who have responsibility for maintaining security procedures for the HIE;
(4)
Provide an electronic or written statement to each employee or agent as to the necessity of maintaining the security and confidentiality of confidential healthcare information, and of the penalties provided for in this chapter for the unauthorized access, release, transfer, use, or disclosure of this information; and
(5)
Take no disciplinary or punitive action against any employee or agent for bringing evidence of violation of this chapter to the attention of any person.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2; P.L. 2009, ch. 310, § 33; P.L. 2021, ch. 362, § 1, effective July 12, 2021; P.L. 2021, ch. 364, § 1, effective July 12, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-9. - Secondary disclosure.

§ 5-37.7-9. Secondary disclosure.
Any confidential healthcare information obtained by a provider participant pursuant to this chapter may be further disclosed by such provider participant with or without authorization of the patient participant to the same extent that such information may be disclosed pursuant to existing state and federal law, without regard to the source of the information.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-10. - Patient’s rights.

§ 5-37.7-10. Patient’s rights.
Pursuant to this chapter, a patient who has his or her confidential healthcare information included in the HIE shall have the following rights:
(1)
To obtain a copy of his or her confidential healthcare information from the HIE;
(2)
To obtain a copy of the disclosure report pertaining to his or her confidential healthcare information;
(3)
To be notified as required by chapter 49.3 of title 11, the Rhode Island identity theft protection act, of a breach of the security system of the HIE;
(4)
To change his or her opt out status in the HIE in accordance with rules and regulations promulgated by the department;
(5)
To request to amend his or her own information through the provider participant;
(6)
To request his or her confidential healthcare information from the HIE be disclosed to an authorized representative; and
(7)
To request his or her confidential healthcare information from the HIE be disclosed to healthcare providers who are not provider participants as defined by this chapter.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2; P.L. 2009, ch. 310, § 33; P.L. 2016, ch. 67, § 1; P.L. 2016, ch. 71, § 1; P.L. 2019, ch. 308, art. 1, § 18; P.L. 2021, ch. 362, § 1, effective July 12, 2021; P.L. 2021, ch. 364, § 1, effective July 12, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-11. - Immunity.

§ 5-37.7-11. Immunity.
Any healthcare provider who or that relies in good faith upon any information provided through the HIE in his, her, or its treatment of a patient, shall be immune from any criminal or civil liability arising from any damages caused by such good faith reliance. This immunity does not apply to acts or omissions constituting negligence or reckless, wanton, or intentional misconduct.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-12. - Reconciliation with other authorities.

§ 5-37.7-12. Reconciliation with other authorities.
(a)
This chapter shall only apply to the HIE system, and does not apply to any other private and/or public health information systems utilized in Rhode Island, including other health information systems utilized within or by a healthcare facility or organization.
(b)
As this chapter provides extensive protection with regard to access to and disclosure of confidential healthcare information by the HIE, it supplements, with respect to the HIE only, any less stringent disclosure requirements, including, but not limited to, those contained in chapter 37.3 of this title, the Health Insurance Portability and Accountability Act (HIPAA) and regulations promulgated thereunder, and any other less stringent federal or state law.
(c)
This chapter shall not be construed to interfere with any other federal or state laws or regulations that provide more extensive protection than provided in this chapter for the confidentiality of healthcare information.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2; P.L. 2010, ch. 239, § 14; P.L. 2021, ch. 362, § 1, effective July 12, 2021; P.L. 2021, ch. 364, § 1, effective July 12, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-13. - Penalties — Attorney’s fees for violations.

§ 5-37.7-13. Penalties — Attorney’s fees for violations.
(a) Civil penalties.
Anyone who violates the provisions of this chapter may be held liable for actual and exemplary damages.
(b) Criminal penalties.
Anyone who intentionally and knowingly violates the provisions of this chapter shall, upon conviction, be fined not more than ten thousand dollars ($10,000) per patient, per violation, or imprisoned for not more than one year, or both.
(c) Commission of crime.
The civil and criminal penalties in this section shall also be applicable to anyone who obtains confidential healthcare information maintained under the provisions of this chapter through the commission of a crime.
(d) Attorney’s fees.
Attorney’s fees may be awarded at the discretion of the court, to the successful party in any action under this chapter.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-14. - Waivers void.

§ 5-37.7-14. Waivers void.
Any agreement purporting to waive the provisions of this chapter is declared to be against public policy and void.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-37.7 - Rhode Island Health Information Exchange Act of 2008 › Section 5-37.7-15. - Severability.

§ 5-37.7-15. Severability.
If any provision of this chapter is held by a court to be invalid, that invalidity shall not affect the remaining provisions of the chapter, and to this end the provisions of the chapter are declared severable.
History of Section.
P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-1. - “Automobile body shop” defined.

§ 5-38-1. “Automobile body shop” defined.
Automobile body shop, referred to as “auto body shop,” includes any establishment, garage, or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers, chassis, and similar components of motor vehicle bodies as distinguished from the seats, motor, transmission, and other accessories for propulsion and general running gear of motor vehicles, except as provided in § 5-38-20. No repairs performed by licensees under this chapter may be performed using mobile units, but may only be performed at a fixed, licensed location. This section shall not apply to glass repair and installations or paintless dent repairs.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 2008, ch. 100, art. 33, § 1; P.L. 2009, ch. 126, § 1; P.L. 2009, ch. 151, § 1; P.L. 2009, ch. 310, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-3. - [Repealed.]

§ 5-38-3. [Repealed.]
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1979, ch. 349, § 8; P.L. 1981, ch. 240, § 1; Repealed by P.L. 1985, ch. 181, art. 13, § 1, effective July 1, 1985.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-4. - Practices for which license is required.

§ 5-38-4. Practices for which license is required.
(a)
An annual license shall be issued to businesses, corporations, and persons meeting the qualifications set by the auto collision repair licensing advisory board and paying the required fees. Qualification shall be set by the auto collision repair licensing advisory board and approved by the director.
(b)
No person, firm, or corporation shall engage within this state in the business of auto body repairing or painting or enter into contracts for the repairing, replacing, or painting of auto bodies or parts of auto bodies or advertise or represent in any form or manner that he, she, or it is an auto body shop unless that person, firm, or corporation possesses a license in full force and effect from the department of business regulation specifying that person, firm, or corporation as licensed to operate or conduct an auto body shop.
(c)
This chapter applies to every new and used motor vehicle dealer as defined in § 31-1-19, but does not apply to or require the obtaining of a license by persons, firms, or corporations whose business is or may be limited to the making or entering into contracts for the making of mechanical or electrical repairs or adjustments to motor vehicles.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1985, ch. 181, art. 13, § 2; P.L. 1994, ch. 357, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-6. - Applications for licenses.

§ 5-38-6. Applications for licenses.
Application for license shall be made in duplicate to the department of business regulation in any form that the department requires and shall be accompanied by the required fee and evidence of financial responsibility. The department may require, in that application, information relating to the applicant’s financial standing, the applicant’s business integrity, whether the applicant has an established place of business, whether the applicant is properly able to conduct the business of an automobile body repair shop, and any other pertinent information consistent with the safeguarding of the public interest in the location in which that applicant proposes to engage in business, all of which may be considered by the department in determining whether the granting of that application is in the public interest. In the event of denial of an application, the filing fee paid with that application shall be refunded.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1985, ch. 181, art. 13, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-7. - Duration of license — Renewal.

§ 5-38-7. Duration of license — Renewal.
(a)
The department shall promulgate rules and regulations mandating the term of each license issued pursuant to this chapter; however, no license shall remain in force for a period in excess of three (3) years.
(b)
Any fee for the initial issuance or renewal of a license issued pursuant to this chapter shall be determined by multiplying the current annual fee by the term of initial licensure or renewal. The total fee for the entire term of licensure or renewal shall be paid at the time of application for the license or renewal. The license shall be renewed upon payment of the renewal fee.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1987, ch. 184, § 4.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-8. - License fee.

§ 5-38-8. License fee.
Effective December 31, 2009, the license fee for each year shall be three hundred dollars ($300). If an applicant desires to do business in more than one location, he, she, or it shall pay a separate fee of three hundred dollars ($300) for each location authorized by the department of business regulation.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1981, ch. 240, § 1; P.L. 1985, ch. 181, art. 13, § 2; P.L. 2004, ch. 595, art. 30, § 5; P.L. 2005, ch. 117, art. 19, § 1; P.L. 2008, ch. 100, art. 33, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-9. - Licenses to contain licensee’s name and location of business — Display of licenses.

§ 5-38-9. Licenses to contain licensee’s name and location of business — Display of licenses.
The license of automobile body repair shops shall specify the name of the holder of that business and the location at which that business is conducted, and must be conspicuously displayed at that location. The license number shall appear on all business communications, estimates, signs, business cards, and other written documentation relating to that business.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1998, ch. 117, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-10. - Grounds for denial, suspension, or revocation of licenses.

§ 5-38-10. Grounds for denial, suspension, or revocation of licenses.
The department of business regulation may deny an application for license or suspend or revoke a license after it has been granted, for the following reasons:
(1)
On proof of unfitness of the applicant to do business as an automobile body repair shop;
(2)
For any misstatement by the applicant in his or her application for license;
(3)
For any failure to comply with the provisions of this section or with any rule or regulation promulgated by the commission under § 5-38-5;
(4)
For defrauding any customer;
(5)
For dismantling any automobile without the written authorization of the owner of the automobile;
(6)
For refusing to surrender any automobile to its owner upon tender of payment of the proper charges for towing, storage, and work done on that automobile;
(7)
For having indulged in any unconscionable practice relating to the business as an automobile body repair shop;
(8)
For willful failure to perform work as contracted for;
(9)
For failure to comply with the safety standards of the industry;
(10)
For the purchase of used vehicle parts from unlicensed entities; or
(11)
For failure to comply with the requirements of § 5-38-30.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1983, ch. 221, § 6; P.L. 1985, ch. 181, art. 13, § 2; P.L. 2006, ch. 43, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-10.1. - Civil penalties for violations.

§ 5-38-10.1. Civil penalties for violations.
In addition to every other power granted the department of business regulation, the department may fine a licensee not more than one hundred dollars ($100) for any violation or failure to comply with the provisions of this chapter or with any rule or regulation promulgated by the department.
History of Section.
P.L. 1979, ch. 349, § 9; P.L. 1981, ch. 240, § 1; P.L. 1985, ch. 181, art. 13, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-11. - Responsibility of licensee for acts of agents.

§ 5-38-11. Responsibility of licensee for acts of agents.
If a licensee is a firm or corporation, it is sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of the firm or corporation or any member, in the case of a partnership, has been found by the department of business regulation guilty of any act or omission that would be cause for refusing, suspending, or revoking a license to that party as an individual. Each licensee shall be responsible for the acts of any salespersons or any drive-away tow-away operator acting as the agent for that licensee, and for the acts of any salesperson, estimator, or other employee acting as the agent for that licensee.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1985, ch. 181, art. 13, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-12. - Procedure for suspension or revocation of license.

§ 5-38-12. Procedure for suspension or revocation of license.
No license shall be suspended or revoked except after a hearing before the department of business regulation or a hearing officer appointed by the department. The hearing shall be conducted in accordance with the administrative procedures act, chapter 35 of title 42. The order to suspend or revoke that license shall not be effective for ten (10) days after written notice has been sent to the licensee.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1979, ch. 97, § 1; P.L. 1985, ch. 181, art. 13, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-15. - Right to appeal.

§ 5-38-15. Right to appeal.
Any licensee or applicant for license or other person in interest being aggrieved by the final order or decision of the department of business regulation has the right to appeal, pursuant to the administrative procedures act, chapter 35 of title 42.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1979, ch. 97, § 1; P.L. 1979, ch. 349, § 8; P.L. 1980, ch. 406, § 2; P.L. 1985, ch. 181, art. 13, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-18. - Purchase of used vehicle parts — Records of transactions to be maintained.

§ 5-38-18. Purchase of used vehicle parts — Records of transactions to be maintained.
The purchase of used vehicle parts shall be from entities licensed pursuant to chapter 21 of this title or similar provision by another state. Every licensee shall maintain up-to-date records in the form prescribed by the department of business regulation: (1) With reference to every vehicle for which it has made a charge for parts or services; and (2) Of all original orders for repairs to those vehicles. Those records shall be preserved for a period of two (2) years from the date thereof and shall be open for inspection by any authorized representative of the department during regular business hours, by the division of motor vehicles, and by any state or municipal official or police officer.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1983, ch. 221, § 6; P.L. 1985, ch. 181, art. 13, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-19. - Criminal penalties for violations — Injunctive relief.

§ 5-38-19. Criminal penalties for violations — Injunctive relief.
(a)
Any person, firm, or corporation required to be licensed under this chapter who conducts an automobile body repair shop business without obtaining a license, or who after the denial, suspension, or revocation of a license conducts that business, is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000), or imprisonment for not more than one year, or both; for a second conviction, is guilty of a felony and shall, upon conviction, be punished by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or by imprisonment for not more than two (2) years, or both; and for a third and subsequent conviction, is guilty of a felony and shall, upon conviction, be punished by a fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000), or by imprisonment for not less than two (2) years nor more than five (5) years, or both. For the purposes of this section, a plea of nolo contendere with probation shall be considered a conviction.
(b)
If the department of business regulation has reason to believe that any person, firm, corporation, or association is conducting an automobile body repair shop business without obtaining a license, or who after the denial, suspension, or revocation of a license is conducting that business, the department may issue its order to that person, firm, corporation, or association commanding them to appear before the department at a hearing to be held not sooner than ten (10) days nor later than twenty (20) days after issuance of that order to show cause why the department should not issue an order to that person to cease and desist from the violation of the provisions of this chapter. That order to show cause may be served on any person, firm, corporation, or association named by any person in the same manner that a summons in a civil action may be served, or by mailing a copy of the order, certified mail, return receipt requested, to that person at any address at which that person has done business or at which that person lives. If during that hearing the department is satisfied that the person is in fact violating any provision of this chapter, the department may order that person, in writing, to cease and desist from that violation. All these hearings are governed in accordance with the administrative procedures act, chapter 35 of title 42. If that person fails to comply with an order of the department after being afforded a hearing, the superior court for Providence County has jurisdiction upon complaint of the department to restrain and enjoin that person from violating this chapter.
History of Section.
P.L. 1974, ch. 111, § 2; P.L. 1981, ch. 258, § 1; P.L. 1985, ch. 181, art. 13, § 2; P.L. 1993, ch. 229, § 1; P.L. 1998, ch. 117, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-20. - Persons exempt.

§ 5-38-20. Persons exempt.
This chapter does not prohibit the registered owner of any motor vehicle, or any person related by blood or marriage to that registered owner, from performing any type of work usually performed in an auto body shop, upon the vehicle that is registered in his or her own name; provided, that the work is done personally by the registered owner or that relative, and he or she neither employs nor compensates any person, monetarily or otherwise, to aid and assist in that work.
History of Section.
P.L. 1974, ch. 111, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-21. - Severability.

§ 5-38-21. Severability.
The provisions of this chapter are severable; and if any of the provisions are held to be invalid, the decision of the court respecting that provision or provisions shall not affect the validity of any other provision that can be given effect without that invalid provision.
History of Section.
P.L. 1974, ch. 111, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-22. - Appropriations.

§ 5-38-22. Appropriations.
The general assembly shall annually appropriate any sum that it deems necessary to carry out the purposes of this chapter, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of this sum or so much of this sum as may be required from time to time, upon the receipt by him or her of authenticated vouchers.
History of Section.
P.L. 1974, ch. 111, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-23. - Auto body repair shop special use identification tags.

§ 5-38-23. Auto body repair shop special use identification tags.
Any automobile body repair shop licensed under this title has the right to issue special use identification tags in accordance with the provision of § 31-3-40.
History of Section.
P.L. 1974, ch. 210, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-24. - Duration of licenses — Fee for part of year.

§ 5-38-24. Duration of licenses — Fee for part of year.
All licenses shall be issued for the twelve-month (12) period commencing on January 1 of each year, and the fee thereafter shall be at the full annual rate specified in § 5-38-8, regardless of the date of application or issuance of that license.
History of Section.
P.L. 1974, ch. 111, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-25. - [Repealed.]

§ 5-38-25. [Repealed.]
History of Section.
P.L. 1979, ch. 349, § 9; Repealed by P.L. 1980, ch. 226, § 20.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-26. - Inspection by lienholders.

§ 5-38-26. Inspection by lienholders.
(a)
For the purpose of inspecting repaired vehicles, a lienholder or lienholders shall be allowed forty-eight (48) hours or two (2) working days after notification by the body shop to inspect the vehicle at the body shop. The agent for the lienholder or lienholders inspecting the vehicle must be located within the state of Rhode Island and have the authority to sign the insurance check or draft.
(b)
If the lienholder(s) fails to inspect within the time frame specified in subsection (a), it must endorse the insurance company check or draft to the body shop.
History of Section.
P.L. 1987, ch. 206, § 1; P.L. 1999, ch. 102, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-27. - Maximum storage fees.

§ 5-38-27. Maximum storage fees.
The director of the department of business regulation shall promulgate rules and regulations to establish reasonable, maximum storage fees that may be charged by licensees under this chapter.
History of Section.
P.L. 1992, ch. 392, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-28. - Repair certification.

§ 5-38-28. Repair certification.
The automobile body repair shop shall include in the documentation of each repair, a repair bill executed by the automobile body repair shop and certifying under the penalties of perjury, the repairs to a particular vehicle that have actually been made.
History of Section.
P.L. 1993, ch. 168, § 1; P.L. 1993, ch. 405, § 1; P.L. 2012, ch. 298, § 1; P.L. 2012, ch. 329, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-29. - Repair bills.

§ 5-38-29. Repair bills.
Each repair bill shall contain an itemized listing of the manufactured parts, used parts, and generic parts installed by the licensee in the repair of the vehicle.
History of Section.
P.L. 1993, ch. 170, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-30. - Notices required to be displayed.

§ 5-38-30. Notices required to be displayed.
A sign in boldfaced type letters at least two (2) inches high, must be displayed in a conspicuous location in every licensed auto body repair facility reading as follows:
“PURSUANT TO RHODE ISLAND LAW, THE CONSUMER HAS THE RIGHT TO CHOOSE THE REPAIR FACILITY TO COMPLETE REPAIRS TO A MOTOR VEHICLE; AND AN INSURANCE COMPANY MAY NOT INTERFERE WITH THE CONSUMER’S CHOICE OF REPAIRER.”
History of Section.
P.L. 2006, ch. 43, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38 - Automobile Body Repair Shops › Section 5-38-31. - Reimbursement fee.

§ 5-38-31. Reimbursement fee.
The director of the department of business regulation may assess an automobile body shop for reimbursement of the department’s actual expenses for the investigation and hearing of significant auto body shop matters. An assessment may be sought in the event that an automobile body shop does not prevail after a final judicial appeal.
History of Section.
P.L. 2008, ch. 100, art. 33, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38.1 - Pawtucket — Motor Vehicle Repair Businesses › Section 5-38.1-1. - Local licensing — Fees — Penalties.

§ 5-38.1-1. Local licensing — Fees — Penalties.
The city council of the city of Pawtucket is authorized to provide, by ordinance, for the issuing and revocation in its discretion of licenses to all persons, partnerships, corporations, or establishments doing any repairs or repair work to any type of motor vehicle or motor vehicle parts, exclusive of auto body repairs, within the city of Pawtucket, subject to the listed conditions and restrictions contained in this chapter and for a term not exceeding one year; and also for charging and collecting fees for those licenses; provided, that the prescribed fees do not exceed the sum of one hundred dollars ($100) for any qualified licensee; and also to fix a penalty for doing motor vehicle repairs without a license or in violation of any ordinance or regulation made as authorized by this section, not exceeding for any one offense a fine of five hundred dollars ($500), or imprisonment not exceeding six (6) months.
History of Section.
P.L. 1989, ch. 313, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38.1 - Pawtucket — Motor Vehicle Repair Businesses › Section 5-38.1-2. - Hearings and objections by neighboring landowners.

§ 5-38.1-2. Hearings and objections by neighboring landowners.
(a)
The city council of the city of Pawtucket, before granting a license under this chapter to operate a motor vehicle repair business, defined in § 5-38.1-3, in any location not lawfully occupied for that purpose at the time of the application for the license, shall hold a public hearing, notice of which shall be given by advertisement published once a week for at least two (2) weeks prior to the hearing in the manner provided by law. The advertisement shall be published in a newspaper of general circulation in the city of Pawtucket; provided, that before the local licensing authority publishes notice of a hearing, it shall collect from the applicant for the license a fee of ten dollars ($10.00), plus the cost of posting and publishing the notice. The notice shall state that remonstrants are entitled to be heard and shall name the date, time, and place of the hearing.
(b)
The local licensing authority, before granting a license under this ordinance, shall provide notice of the application, by mail, to all owners of property whose property in whole or in part falls within two hundred feet (200′) of the property line of the place of business seeking the application. The manner and method of notification of property owners shall be done in accordance with rules and regulations adopted by the local licensing authority.
History of Section.
P.L. 1989, ch. 313, § 1; P.L. 1999, ch. 354, § 9.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38.1 - Pawtucket — Motor Vehicle Repair Businesses › Section 5-38.1-3. - “Motor vehicle repair business” defined.

§ 5-38.1-3. “Motor vehicle repair business” defined.
As used in this chapter, “motor vehicle repair business” means any place, establishment, garage, or work area enclosed within a building where repairs are made or caused to be made to motor vehicles, including engines, carburetors, brakes, transmissions, muffler systems, electrical systems, and general running gear of motor vehicles exclusive of auto body repairs; and including any used automobile dealership, but excluding any new automobile dealership.
History of Section.
P.L. 1989, ch. 313, § 1; P.L. 2000, ch. 37, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38.1 - Pawtucket — Motor Vehicle Repair Businesses › Section 5-38.1-4. - Conditions to licensing of motor vehicle repair business.

§ 5-38.1-4. Conditions to licensing of motor vehicle repair business.
No license shall be granted for a motor vehicle repair business under § 5-38.1-1 unless:
(1)
It is located within a lawfully authorized zoning district within the city of Pawtucket;
(2)
It is to be operated and maintained entirely within a building;
(3)
The applicants and principals of applicant corporations have no prior criminal record; and
(4)
The licensed business is being operated, or will operate, in a lawful manner, and in conformity with all applicable federal, state, and municipal laws, statutes, ordinances, and regulations.
History of Section.
P.L. 1989, ch. 313, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38.1 - Pawtucket — Motor Vehicle Repair Businesses › Section 5-38.1-5. - Enforcement of § 5-38.1-4.

§ 5-38.1-5. Enforcement of § 5-38.1-4.
(a)
Notwithstanding any other provision of this chapter except § 5-38.1-6, the penalties provided for in § 5-38.1-1 shall be imposed whenever anyone is found to be in violation of § 5-38.1-4.
(b)
It is the duty of the state police and the police of the city of Pawtucket to enforce this section.
History of Section.
P.L. 1989, ch. 313, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38.1 - Pawtucket — Motor Vehicle Repair Businesses › Section 5-38.1-6. - Existing motor vehicle repair businesses.

§ 5-38.1-6. Existing motor vehicle repair businesses.
The provisions of § 5-38.1-4(1), (2), and (3) do not apply to any person, partnership, corporation, or establishment presently in existence, but shall apply to all motor vehicle repair businesses established after July 7, 1989.
History of Section.
P.L. 1989, ch. 313, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38.1 - Pawtucket — Motor Vehicle Repair Businesses › Section 5-38.1-7. - Severability.

§ 5-38.1-7. Severability.
If any clause, sentence, paragraph, or part of this chapter or the application of this chapter to any person or circumstance is, for any reason, adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.
History of Section.
P.L. 1989, ch. 313, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-38.2 - Providence — Motor Vehicle Repair Businesses › Section 5-38.2-1. - Local licensing — Fees — Penalties.

§ 5-38.2-1. Local licensing — Fees — Penalties.
The council of the city of Providence is authorized to provide, by ordinance, for the issuing and revocation in its discretion of licenses to all motor vehicle repair businesses within the city of Providence, subject to the listed conditions and restrictions contained in this chapter and for terms not exceeding one year; and also for charging and collecting fees for those licenses, provided that the prescribed fees do not exceed the sum of one hundred dollars ($100) for any qualified licensee; and also to fix a penalty for doing motor vehicle repairs without a license or in violation of any ordinance or regulation made as authorized by this section, not exceeding for any one offense a fine of five hundred dollars ($500) or imprisonment not exceeding six (6) months.
History of Section.
P.L. 1990, ch. 53, § 1.