reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-69 - New England Compact on Involuntary Detention for Tuberculosis Control › Section 23-69-4. - Compact administrator.

§ 23-69-4. Compact administrator.
The compact administrator for this state as required by article VI of this compact shall be the director of health.
History of Section.
P.L. 1997, ch. 46, § 1; P.L. 1997, ch. 146, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-70 - Osteoporosis › Section 23-70-1. - Purpose of chapter.

§ 23-70-1. Purpose of chapter.
The legislature finds that:
(1)
Osteoporosis, a bone-thinning disease, is a major public health problem that, in many cases remains undiagnosed, resulting in fractures, pain, disability and immobility;
(2)
Early detection and prevention are critical health care strategies for those at risk of osteoporosis; and
(3)
It is in the public interest of this state to promote public awareness of the benefits and value of the early detection, prevention and appropriate treatment of osteoporosis.
History of Section.
P.L. 1997, ch. 265, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-70 - Osteoporosis › Section 23-70-2. - Osteoporosis program.

§ 23-70-2. Osteoporosis program.
Using existing resources, the department shall educate the public on the causes of osteoporosis and the personal risk factors associated with the development of osteoporosis, publicize the value of early detection and prevention, and identify the most cost-effective options available for treatment.
History of Section.
P.L. 1997, ch. 265, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-70 - Osteoporosis › Section 23-70-3. - Task force.

§ 23-70-3. Task force.
(a)
In developing the program created by § 23-69-2, the director of the department of health may appoint a task force to make recommendations on strategies for educating the public on the health benefits of early detection and prevention of osteoporosis.
(b)
Members of the task force are not entitled to compensation, a per diem, or expense reimbursement for their service on the task force.
History of Section.
P.L. 1997, ch. 265, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-71 - Tobacco Product Manufacturers’ Escrow Funds › Section 23-71-1. - Legislative findings and purpose.

§ 23-71-1. Legislative findings and purpose.
(a)
Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The surgeon general has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(b)
Cigarette smoking also presents serious financial concerns for the state. Under certain health care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive the medical assistance.
(c)
Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
(d)
It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that those manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.
(e)
On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement,” with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described in the settlement agreement, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
(f)
It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into a settlement could use a resulting cost advantage to derive large, short term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that the manufacturers establish a reserve fund to guarantee a source of compensation and to prevent the manufacturers from deriving large, short term profits and then becoming judgment proof before liability may arise.
History of Section.
P.L. 1999, ch. 178, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-72 - Mercury in Fish Products › Section 23-72-1. - Legislative findings.

§ 23-72-1. Legislative findings.
The general assembly finds and declares:
(1)
Mercury from trash incinerators, coal fired power plants, municipal solid waste, hazardous waste sites, and other human made sources has been identified in virtually every body of water in New England, as well as the oceans.
(2)
Nearly all fish contain at least trace amounts of methyl mercury, which is formed by the action of bacteria on elemental mercury.
(3)
Many types of freshwater fish caught in Rhode Island and some saltwater fish sold in Rhode Island may be contaminated with mercury, a toxic element that causes neurological damage.
(4)
According to the US Food and Drug Administration, certain species of tuna, shark and swordfish can have mercury levels over 1.0 parts per million, the FDA limit for human consumption.
(5)
The FDA advises pregnant women of childbearing age to limit their consumption of shark and swordfish to no more than once a month. Other persons are advised to limit their consumption of shark and swordfish to no more than seven (7) ounces per week.
(6)
However, this health advisory information, which is necessary to protect public health, is not widely known nor widely disseminated by the state or federal government, potentially threatening many Rhode Island residents who may unknowingly ingest harmful amounts of mercury from fish.
History of Section.
P.L. 2001, ch. 252, § 1; P.L. 2001, ch. 375, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-72 - Mercury in Fish Products › Section 23-72-2. - Definitions.

§ 23-72-2. Definitions.
“Department” means the department of health.
History of Section.
P.L. 2001, ch. 252, § 1; P.L. 2001, ch. 375, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-72 - Mercury in Fish Products › Section 23-72-3. - Consumer mercury alert notice.

§ 23-72-3. Consumer mercury alert notice.
(a)
The department, in consultation with the department of environmental management, shall prepare a consumer’s mercury alert notice that the department shall provide for free, to professional medical offices that provide gynecological, obstetrical or pediatric care and in the patient or client areas of all maternal and child health and nutrition programs, who shall post the notice in all patient areas.
(b)
The department shall establish a toll free telephone number service for interested persons to call for further information about the health advisories concerning the consumption of mercury in freshwater and saltwater fish.
(c)
The notice shall explain the danger to women who expect to become pregnant, women who are pregnant or breast feeding their children, and young children of eating mercury contaminated fish. The notice shall summarize most current mercury health advisories prepared by the state and the federal government concerning fish consumption, the toll free number, which may be called for further information, and shall contain such other information as the department deems appropriate. The notice shall be printed in large type in English, Spanish and other languages in which persons commonly doing business with such offices can understand. The department shall update the notice as necessary, and shall make additional copies of the notice available to health care providers upon request.
History of Section.
P.L. 2001, ch. 252, § 1; P.L. 2001, ch. 375, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-72 - Mercury in Fish Products › Section 23-72-4. - Mercury consumer’s guide.

§ 23-72-4. Mercury consumer’s guide.
(a)
The department of health shall prepare a consumer’s guide to mercury and other health advisories. The department of health shall make copies available to the department of environmental management, division of fish and wildlife, at no charge, for distribution to private and public entities designated to issue fishing licenses.
(b)
The department shall update the consumer’s guide as necessary, and shall make copies of the guide available to other members of the public upon request. The guide shall be printed in large type in English, Spanish and other languages used in the state. The guide shall also list the telephone number that consumers may call for further information about the health advisories.
(c)
The department of environmental management shall require that a copy of the consumer’s guide be distributed to all applicants for a fishing license at the time the license is issued. The department of environmental management shall include on each fishing license issued in Rhode Island one hundred eighty (180) days after the effective date of this act [July 13, 2001] the telephone number established that residents may call for further information about the health advisories.
History of Section.
P.L. 2001, ch. 252, § 1; P.L. 2001, ch. 375, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-72 - Mercury in Fish Products › Section 23-72-5. - Penalties.

§ 23-72-5. Penalties.
Whoever violates these sections inclusive or any order, rule or regulation promulgated or adopted thereto shall be punished by a fine of not less than one thousand dollars ($1,000). This section shall be enforced by the department and may be enforced by the board of health. The superior court shall have jurisdiction in equity to enforce such rules and regulations and may restrain by injunction any violation thereof.
History of Section.
P.L. 2001, ch. 252, § 1; P.L. 2001, ch. 375, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-72 - Mercury in Fish Products › Section 23-72-6. - Severability.

§ 23-72-6. Severability.
If any clause, sentence, paragraph or part of this chapter or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such 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. 2001, ch. 252, § 1; P.L. 2001, ch. 375, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-73 - Latex Gloves Safety Act › Section 23-73-1. - Findings.

§ 23-73-1. Findings.
(a)
The legislature finds that latex allergies are increasingly becoming a problem for people who are exposed to disposable nonsterile and sterile latex gloves, such as health care workers, patients, food service workers, manufacturers, hair dressers, child care workers, and children.
(b)
There are three (3) categories of latex allergies:
(1)
Irritant dermatitis;
(2)
Allergic contact dermatitis (delayed hypersensitivity); and
(3)
Immediate hypersensitivity latex allergy.
(c)
Reaction to latex may manifest through skin rashes, hives, itching, swollen skin, swollen lips and tongue, shortness of breath, dizziness, fainting, eyes or sinus symptoms, asthma and difficulty breathing, coughing spells, wheezing, and shock.
(d)
In 1997, the National Institute for Occupational Safety and Health issued an alert concerning the danger of exposure to latex products and requested assistance preventing allergic reactions to natural rubber latex among workers who use gloves and other products containing latex.
(e)
On April 12, 1999, the Occupational Safety and Health Administration, United States Department of Labor, issued the Technical Bulletin concerning the potential harm to workers from natural rubber latex gloves and other natural rubber products, such as gloves, airway masks, medication vial caps, anesthesia bags, catheters, intravenous supplies, dental dams, balloons, and other products.
(f)
Latex gloves are the major contributor for latex allergies.
(g)
The United States Food and Drug Administration requires medical devices containing latex to carry a warning about potential allergic reaction.
(h)
In 1995, the American College of Allergy, Asthma, and Immunology concluded that the single greatest product causing adverse reaction to latex rubber are latex gloves.
(i)
The National Institute of Safety and Health concluded that latex allergies can be prevented if employers establish policies that protect workers and the public from unnecessary latex exposure.
History of Section.
P.L. 2001, ch. 383, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-73 - Latex Gloves Safety Act › Section 23-73-2. - Use of latex gloves.

§ 23-73-2. Use of latex gloves.
(a)
The use of disposable, nonsterile and sterile natural rubber latex gloves shall be prohibited by any person, firm, or corporation, registered pursuant to §§ 21-27-10 and 21-27-11.
(b)
Any firm, business, or corporation, regulated by the state of Rhode Island which uses latex gloves shall post a notice informing employees and the public:
(1)
That natural rubber latex gloves are used by the regulated entity;
(2)
That exposure to latex may result in the development of an allergy;
(3)
That allergic reactions to natural rubber latex can manifest by skin rash, hives, nasal and eye irritation, asthma, and shock; and
(4)
That should you or your family experience allergic reaction symptoms, then you should contact your health care provider.
(c)
The notice shall include letters which are at least three-eighths (⅜) of an inch high and be posted in conspicuous areas throughout the firm, business or corporation.
(d)
The notice shall be posted in English, Spanish, and other languages served by the business, corporation, entity, or facility.
History of Section.
P.L. 2001, ch. 383, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-73 - Latex Gloves Safety Act › Section 23-73-3. - Rules and regulations.

§ 23-73-3. Rules and regulations.
(a)
Health care workers shall be provided with initial and periodic education pertaining to latex safety.
(b)
Health care facilities shall ensure that direct care workers are represented on latex allergy or safety committees.
(c)
Any state agency which has regulatory authority for persons, firms, or corporations in which natural rubber latex gloves are used shall promulgate rules and regulations:
(1)
To warn employees of potential risk of latex allergies;
(2)
To warn the public of potential risk of latex allergies;
(3)
To minimize exposure consistent with maintaining safety in regulated industries whose workers are exposed to blood borne pathogens.
History of Section.
P.L. 2001, ch. 383, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-73 - Latex Gloves Safety Act › Section 23-73-4. - Enforcement.

§ 23-73-4. Enforcement.
It shall be the duty of the director of the department of health to enforce the provisions of this chapter and to prosecute all persons who violate this chapter. In all such enforcements and prosecutions, the director shall not be required to enter into any recognizance or give surety for costs.
History of Section.
P.L. 2001, ch. 383, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-73 - Latex Gloves Safety Act › Section 23-73-5. - Penalty.

§ 23-73-5. Penalty.
Any person, firm, or corporation, which is regulated by Rhode Island general laws, which violates any of the provisions of this chapter shall be subject to a fine of five hundred dollars ($500), and may be subject to any and all penalties provided for in Rhode Island general laws which regulate the violator’s industry, including revocation of licenses.
History of Section.
P.L. 2001, ch. 383, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-2. - Maltreatment of minors prohibited.

§ 23-74-2. Maltreatment of minors prohibited.
Nothing in this chapter shall restrict the ability of a local law enforcement agency or the director of the department of children, youth and families to take action regarding the maltreatment of minors. A parent who obtains unlicensed health care for the parent’s minor child is not relieved of the duty to seek necessary medical care consistent with the requirements of the general laws. A complementary or alternative health care practitioner who is providing services to a child shall be subject to the reporting provisions of chapter 11 of title 40, entitled “Abused and Neglected Children.”
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-3. - Professional accountability.

§ 23-74-3. Professional accountability.
The department shall maintain and keep current a file containing the reports and complaints filed against unlicensed health care practitioners within the director’s jurisdiction. Each complaint filed with the department must be investigated.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-5. - Less customary approach.

§ 23-74-5. Less customary approach.
The fact that a health care practice may be a less customary approach to health care shall not constitute the basis of a disciplinary action per se.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-6. - Evidence in actions.

§ 23-74-6. Evidence in actions.
In any disciplinary action alleging a professional violation of the provisions of this chapter, a copy of the judgment or proceeding under the seal of the court administrator or clerk of the administrative agency that entered the judgment or proceeding is admissible into evidence without further authentication and constitutes prima facie evidence of its contents.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-7. - Examination access of medical data.

§ 23-74-7. Examination access of medical data.
The director may require an unlicensed practitioner to undergo a physical or psychiatric examination by a physician acceptable to the director from a list provided to the practitioner if probable cause exists to believe that allegations of misconduct against him or her are caused by an impairment which has directly affected his or her ability to conduct his or her practice professionally. In such circumstances, the director shall also be entitled to obtain confidential health care information of the practitioner without the practitioner’s consent. The director may not discriminate on the basis of disability in the administration of this section, nor subject qualified individuals with disabilities to any discrimination on the basis of a disability. All decisions of the director shall be based on the allegation of unprofessional conduct and not due to probable cause of the conduct being related to the disability of the practitioner. An unlicensed health care practitioner affected under this section shall at reasonable intervals be given an opportunity to demonstrate that the practitioner can resume the provision of health care practices with reasonable safety to clients. In any proceeding under this section, neither the record of proceedings nor the orders entered by the director shall be used against an unlicensed health care practitioner in any other proceeding.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-8. - Disciplinary actions.

§ 23-74-8. Disciplinary actions.
Forms of disciplinary action.
When the director finds that an unlicensed health care practitioner has violated any provision of this chapter, the director may take one or more of the following actions, only against the individual practitioner:
(1)
Revoke the right to practice;
(2)
Suspend the right to practice;
(3)
Impose limitations or conditions on the practitioner’s provision of unlicensed health care practices, impose rehabilitation requirements, or require practice under supervision;
(4)
Assess against the practitioner the administrative costs of the proceedings instituted against him or her under this chapter; provided, that this assessment does not exceed ten thousand dollars ($10,000);
(5)
Censure or reprimand the practitioner;
(6)
Any other action justified by the case.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-9. - Discovery — Subpoenas.

§ 23-74-9. Discovery — Subpoenas.
In all matters relating to the lawful activities of the department, the director may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary material. Any person failing or refusing to appear or testify regarding any matter about which the person may be lawfully questioned or failing to produce any papers, books, records, documents or other evidentiary materials in the matter to be heard, after having been required by order of the director or by a subpoena of the director to do so may, upon application to the district court in any district, be ordered to comply with the order or subpoena. The director may administer oaths to witnesses or take their affirmation. Depositions may be taken within or without the state in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process may be served upon a person it names anywhere within the state by any officer authorized to serve subpoenas or other process in civil actions in the same manner as prescribed by law for service of process issued out of the district court of this state.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-10. - Hearings.

§ 23-74-10. Hearings.
(a)
If the director proposes to take action against the practitioner as described in this chapter and pursuant to § 23-1-22, the director must first notify the practitioner against whom the action is proposed to be taken and provide the practitioner with an opportunity to request a hearing. If the practitioner does not request a hearing by notifying the director within thirty (30) days after service of the notice of the proposed action, the director may proceed with the action without a hearing. If a hearing is requested, a hearing shall be scheduled by the director as soon as is practicable. The director shall, issue a notice of a hearing of the charges, which shall specify the time and place of the hearing and notify the accused that he or she may file with the director a written response within twenty (20) days of the date of service. The notice shall also notify the accused that a stenographic record of the proceedings will be kept, that he or she will have the opportunity to appear personally and to have counsel present with the right to produce witnesses and evidence in his or her own behalf, to cross examine witnesses, to examine any documentary evidence that may be produced against him or her and to have subpoenas issued by the director.
(b)
The director may at the director’s discretion reinstate the right to practice and may impose any disciplinary measure listed under this chapter. Provided, the time limits set forth in this chapter shall control over any inconsistent or contrary provisions in § 23-1-22.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-11. - Suspension.

§ 23-74-11. Suspension.
(a) Penalties in suspension.
In addition to any other remedy provided by law, the director may, acting through a person to whom the director has delegated this authority and without a hearing, suspend the right of an unlicensed health care practitioner to practice if the director’s delegate finds that the practitioner has violated a statute or rule that the director is empowered to enforce and continued practice by the practitioner would create an immediate risk of harm to others. The suspension is in effect upon service of a written order on the practitioner specifying the statute or rule violated. The order remains in effect until the director issues a final order in the matter after a hearing or upon agreement between the director and the practitioner. Service of the order is effective if the order is served on the practitioner or counsel of record personally or by first class mail. Within ten (10) days of service of the order, the director shall hold a hearing. Within five (5) working days after the hearing, the director shall issue an order.
(b)
All findings in hearings under this chapter shall be made by clear and convincing evidence.
(c)
Any practitioner aggrieved by an order of the director may appeal the order pursuant to the provisions of the Administrative Procedures Act, chapter 35 of title 42.
(d) Automatic suspension.
The right of an unlicensed health care practitioner to practice is automatically suspended if: (1) a guardian of an unlicensed health care practitioner is appointed by order of a court of competent jurisdiction; or (2) the practitioner is committed by order of a court. The right to practice remains suspended until the practitioner is restored to capacity by a court and upon petition by the practitioner; the director terminates the suspension after a hearing or upon agreement between the director and the practitioner.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-12. - Licensed or regulated practitioners.

§ 23-74-12. Licensed or regulated practitioners.
If a practitioner investigated under this chapter is licensed or registered by the director of health or a health-related licensing board, is subject to the jurisdiction of the director, and the director determines that the practitioner has violated any provision of this chapter, the director in addition to taking disciplinary action under this section:
(1)
May, if the practitioner is licensed or regulated in another capacity by the director, take further disciplinary action against the practitioner in that capacity; or
(2)
Shall, if the practitioner is licensed or registered in another capacity by a health-related licensing board, report the director’s findings under this section, and may make a nonbinding recommendation that the board take further action against the practitioner in that capacity.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-74 - Unlicensed Health Care Practices › Section 23-74-13. - Additional remedies.

§ 23-74-13. Additional remedies.
(a) Cease and desist.
(1)
The director may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the department has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice of the person’s right to request a hearing under the provisions of both this chapter and chapter 1 of title 23. If, within fifteen (15) days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the director and is not reviewable by a court or agency.
(2)
A hearing must be initiated by the department not later than thirty (30) days from the date of the department’s receipt of a written hearing request. Within thirty (30) days of the hearing the director shall issue a final order modifying, vacating, or making permanent the cease and desist order, as the facts require. The final order remains in effect until modified or vacated by the director.
(3)
When a request for a stay accompanies a timely hearing request, the director may, in the director’s discretion, grant the stay. If the director does not grant a requested stay, the director shall refer the request to the superior court within three (3) working days of receipt of the request. Within ten (10) days after receiving the request from the director, a superior court judge shall issue an order to grant or deny the stay.
(4)
In the event of noncompliance with a cease and desist order, the director may institute a proceeding in superior court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the department not exceeding ten thousand dollars ($10,000) for each separate violation.
(b) Injunctive relief.
In addition to any other remedy provided by law, including the issuance of a cease and desist order under subsection (a) of this section, the director may in his or her own name, bring an action in superior court for injunctive relief to restrain an unlicensed health care practitioner from a violation or threatened violation of any statute, rule, or order which the director is empowered to regulate, enforce, or issue.
(c) Additional powers.
The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a practitioner from criminal prosecution by a competent authority or from disciplinary action by the director.
History of Section.
P.L. 2002, ch. 133, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-75 - Children’s Product Safety Act › Section 23-75-2. - Definitions.

§ 23-75-2. Definitions.
In this chapter:
(1)(i)
“Children’s product” means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, or infant or baby swing, that meets the following criteria:
(A)
The product is designed or intended for the care of, or use by, children under six (6) years of age or is designed or intended for the care of, or use by, both children under six (6) years of age and children six (6) years of age or older; and
(B)
The product is designed or intended to come into contact with the child while the product is used.
(ii)
Notwithstanding any other provision of this section, a product is not a “children’s product” for purposes of this chapter if:
(A)
It may be used by or for the care of a child under six (6) years of age, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or the care of a child; or
(B)
It is a medication, drug, or food or is intended to be ingested.
(2)
“Commercial user” means any person who deals in children’s products or who otherwise by one’s occupation holds oneself out as having knowledge or skill peculiar to children’s products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children’s products.
(3)
“Person” means a natural person, firm, corporation, limited liability company, or association, or an employee or agent of a natural person or an entity included in this definition.
(4)
“Infant” means any person less than thirty-five (35) inches tall and less than three (3) years of age.
(5)
“Crib” means a bed or containment designed to accommodate an infant.
(6)
“Full-size crib” means a full-size crib as defined in 16 CFR 1508.3 regarding the requirements for full-size cribs.
(7)
“Non-full-size crib” means a non-full-size crib as defined in 16 CFR 1509.2 regarding the requirements for non-full-size cribs.
(8)
“Place in the stream of commerce” means to sell, offer for sale, give away, offer to give away, or allow the use of.
(9)
“Child day care center” means any person, firm, corporation, association or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from his or her parent or guardian for any part of a twenty-four (24) hour day irrespective of compensation or reward. It shall include child care programs that are offered to employees at the worksite. It does not include nursery schools or other programs of educational services subject to approval by the commissioner of education.
History of Section.
P.L. 2002, ch. 410, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-75 - Children’s Product Safety Act › Section 23-75-4. - List of unsafe children’s products.

§ 23-75-4. List of unsafe children’s products.
(a)
The department of health shall create, maintain, and update a comprehensive list of children’s products that have been identified as meeting any of the criteria set forth in § 23-75-3.
(b)
The department of health shall make the comprehensive list available to the public at no cost and shall post it on the Internet, and encourage links.
History of Section.
P.L. 2002, ch. 410, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-75 - Children’s Product Safety Act › Section 23-75-5. - Unsafe children’s products — Child care.

§ 23-75-5. Unsafe children’s products — Child care.
(a)
A child day care center may not use or have on the premises, on or after January 1, 2004, an unsafe children’s product as described in § 23-75-3. This subsection does not apply to an antique or collectible children’s product if it is not used by, or accessible to, any child in the child care facility.
(b)
The department of children, youth and families shall notify child day care centers, on an ongoing basis, of the provisions of this section and the “Children’s Product Safety Act” and of unsafe children’s products, as determined in accordance with this chapter, in plain, non-technical language that will enable each child day care center to effectively inspect children’s products and identify unsafe children’s products.
(c)
The department of children, youth and families shall adopt rules to carry out the purposes of this chapter.
(d)
Each child day care center shall, as part of the licensing, licensing renewal, or periodic update process conducted by the department of children, youth and families certify in writing that it has reviewed each of the bulletins and notices issued by the department of health regarding unsafe children’s products, and that there are no unsafe products in the facility.
(1)
The department of children, youth and families shall prepare a certification form, and shall require each facility to complete the certification form in the process of licensing, renewal, or periodic update.
(2)
The department of children, youth and families shall retain the certification form completed by each facility in each respective facility’s licensing file.
(e)
Each child day care center shall maintain a file containing all bulletins, notices, or both issued by the department of health and/or the department of children, youth and families regarding unsafe children’s products, and shall make the file accessible to the facility staff members and to parents of the children who attend the day care center.
(f)
The department of children, youth and families may revoke or refuse to renew the license of any child day care center or refuse to issue full license to the holder of a permit should the licensee or holder of a permit not comply with any section of this chapter.
History of Section.
P.L. 2002, ch. 410, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-75 - Children’s Product Safety Act › Section 23-75-6. - Retrofits.

§ 23-75-6. Retrofits.
(a)
An unsafe children’s product, as determined pursuant to § 23-75-3, may be retrofitted if the retrofit has been approved by the agency of the federal government issuing the recall or warning or the agency responsible for approving the retrofit is different from the agency issuing the recall or warning. A retrofitted children’s product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child under six (6) years of age. The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale. The notice shall include:
(1)
A description of the original problem which made the recalled product unsafe;
(2)
A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age;
(3)
The name and address of the commercial user who accomplished the retrofit certifying that the work was done along with the name and model number of the product retrofitted.
(b)
A retrofit is exempt from this chapter if:
(1)
The retrofit is for a children’s product that requires assembly by the consumer, the approved retrofit is provided with the product by the commercial user, and the retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or
(2)
The seller of a previously unsold product accomplishes the repair, approved or recommended by an agency of the federal government, prior to sale.
History of Section.
P.L. 2002, ch. 410, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-75 - Children’s Product Safety Act › Section 23-75-7. - Exception.

§ 23-75-7. Exception.
The commercial user shall not be found noncompliant if the specific recalled product sold was not included on the department of health’s list on the day before the sale.
History of Section.
P.L. 2002, ch. 410, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-75 - Children’s Product Safety Act › Section 23-75-8. - Penalty.

§ 23-75-8. Penalty.
(a)
A commercial user who willfully and knowingly violates § 23-75-6 is guilty of a misdemeanor.
(b)
Any person or entity that violates the provisions of § 23-75-3(a) shall be civilly fined not to exceed five thousand dollars ($5,000) for the first violation, and up to ten thousand dollars ($10,000) for each subsequent violation.
History of Section.
P.L. 2002, ch. 410, § 1; P.L. 2017, ch. 380, § 3; P.L. 2017, ch. 381, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-75 - Children’s Product Safety Act › Section 23-75-9. - Enforcement.

§ 23-75-9. Enforcement.
The director of the department of health shall investigate and enforce the provisions of § 23-75-3(e), and promulgate rules and regulations deemed necessary to enforce it.
History of Section.
P.L. 2017, ch. 380, § 4; P.L. 2017, ch. 381, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-76 - Vaccine Shortage Protection Act › Section 23-76-1. - “Vaccine” defined.

§ 23-76-1. “Vaccine” defined.
For purposes of this chapter, “vaccine” includes vaccines, immune products and chemoprophylactic medications.
History of Section.
P.L. 2002, ch. 172, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-76 - Vaccine Shortage Protection Act › Section 23-76-2. - Determination of need.

§ 23-76-2. Determination of need.
Upon a determination by the director of the department of health that there is clear evidence that adverse and avoidable health outcomes from a preventable and acute communicable disease are expected to affect identifiable categories of high-risk individuals throughout Rhode Island and that assistance with the administration of vaccine is warranted due to a vaccine shortage to protect or treat those individuals, the director shall be authorized to implement the provisions contained in this chapter.
History of Section.
P.L. 2002, ch. 172, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-76 - Vaccine Shortage Protection Act › Section 23-76-3. - Protection of public.

§ 23-76-3. Protection of public.
The director of the department of health shall develop and adopt by rule and regulation a plan to protect the public health during a vaccine shortage by:
(1)
Establishing guidelines for physicians, nurses, hospitals, health systems, pharmacies and others that hold vaccines for the distribution and administration of vaccines. The guidelines shall include, but are not limited to, a definition of high-risk groups for priority protection or treatment in the event a vaccine shortage is imminent;
(2)
Implementing rules for imposing a civil penalty of five hundred dollars ($500) against persons who knowingly violate the guidelines for each repeat violation of the guidelines;
(3)
Mobilizing public and private health resources to assist in vaccine distribution and administration; and
(4)
Notifying health professional regulatory boards and licensing authorities of repeated violations of the guidelines by health professionals regulated by the department of health.
History of Section.
P.L. 2002, ch. 172, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-76 - Vaccine Shortage Protection Act › Section 23-76-4. - Reporting.

§ 23-76-4. Reporting.
The director of the department of health shall report annually to the general assembly on the development, use and implementation of this chapter.
History of Section.
P.L. 2002, ch. 172, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-77 - Healthcare Information Technology and Infrastructure Development Fund › Section 23-77-1. - Legislative findings and purpose.

§ 23-77-1. Legislative findings and purpose.
Research shows that the application of information technology such as electronic medical records, computer-based physician order entry and electronic data interchange, has significant potential for improving healthcare quality and safety and obtaining efficiencies in the healthcare delivery system. The healthcare system has been slower than other sectors of the economy to use advances in information technology to achieve improvements in efficiencies and quality. Hospitals and healthcare providers face barriers in accessing the capital needed to make investments in information technology. Government, which pays for about one-third (⅓) of the nation’s healthcare cost, has a substantial interest in obtaining cost efficiencies by promoting investment in healthcare information technology and infrastructure. There is a need for coordination and collaboration among healthcare payers, providers, consumers and government in designing and implementing a statewide interoperable healthcare information infrastructure that includes standards for administrative data exchange, clinical support programs, quality performance measures and the maintenance of the security and confidentiality of individual patient data. It is the intent of the legislature to promote the implementation of healthcare information technology and the development of an interoperable statewide healthcare information infrastructure by creating a special fund to be used to supplement any funds which would otherwise be available for these purposes.
History of Section.
P.L. 2004, ch. 344, § 1; P.L. 2004, ch. 397, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-77 - Healthcare Information Technology and Infrastructure Development Fund › Section 23-77-2. - Establishment of the healthcare information technology and infrastructure development fund.

§ 23-77-2. Establishment of the healthcare information technology and infrastructure development fund.
(a)
There is established in the department of health, the healthcare information technology and infrastructure development fund to be administered by the director of the department of health for the purpose of promoting the development and adoption of healthcare information technologies designed to improve the quality, safety and efficiency of healthcare services and the security of individual patient data.
(b)
Moneys in the fund shall be used for projects authorized by the director of health and may be expended by contract, loan, or grant, to develop, maintain, expand, and improve the state’s healthcare information technology infrastructure and to assist healthcare facilities and health service providers in adopting healthcare information technologies shown to improve healthcare quality, safety or efficiency. Such projects shall incorporate the goal of maintaining the security and confidentiality of individual patient data, and separate projects for that purpose may also be authorized from the fund. The director of health shall develop criteria for the selection of projects to be funded from the fund in consultation with the healthcare information technology and infrastructure advisory committee created in § 23-77-4.
(c)
Any moneys provided by loan shall be disbursed for periods not exceeding twenty-five (25) years and at an annual rate of interest not exceeding five percent (5%).
(d)
The director of the department of health, in consultation with the state healthcare information technology advisory committee, shall establish criteria for eligible healthcare information technology and infrastructure projects to be funded under this chapter.
(e)
The healthcare information technology and infrastructure development fund, as herein described, shall constitute a restricted receipt account within the general fund of the state and housed within the budget of the department of health. The short title of the restricted receipt account shall henceforth be designated as “health information technology.”
History of Section.
P.L. 2004, ch. 344, § 1; P.L. 2004, ch. 397, § 1; P.L. 2019, ch. 88, art. 2, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-77 - Healthcare Information Technology and Infrastructure Development Fund › Section 23-77-3. - Funds received from insurers or others.

§ 23-77-3. Funds received from insurers or others.
(a)
The director of health is authorized to accept any grant, devise, bequest, donation, gift, services in kind, assignment of money, bonds of other valuable securities, moneys appropriated by the general assembly or received from insurers, for deposit in and credit of the fund.
(b)
The director of health is authorized to expend from the healthcare information technology and infrastructure development fund any moneys deposited into the fund for the purposes set forth in § 23-77-2.
(c)
Notwithstanding any provision of their articles of incorporation, by-laws, or other enabling documents or laws to the contrary, a health insurer or health plan is authorized to allocate sums of money, derived from the collections of premiums, to the healthcare information technology and infrastructure development fund.
(d)
Notwithstanding any provision of their articles of incorporation, by-laws, or other enabling documents or law to the contrary, an insurer is further authorized to expend on an annual basis a sum of moneys equal to not more than five percent (5%) of its previous year’s premium income for a project approved by the director of health, with the concurrence of the director of business regulation. The director of health is authorized to approve projects which are in conformance with the purposes of § 23-77-2.
History of Section.
P.L. 2004, ch. 344, § 1; P.L. 2004, ch. 397, § 1.