reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-39.1 - License Procedure for Social Workers › Section 5-39.1-10. - Social worker discipline.

§ 5-39.1-10. Social worker discipline.
Licensees subject to this chapter shall conduct their activities, services, and practice in accordance with this chapter and with any rules promulgated pursuant to this chapter. The board may recommend to the director refusal to grant a license to, or may recommend that the director suspend, revoke, condition, limit, qualify, or restrict the license of any individual who the board, after a hearing, determines:
(1)
Is incompetent to practice under the provisions of this chapter, or is found to engage in the practice of social work in a manner harmful or dangerous to a client or to the public;
(2)
Has obtained or attempted to obtain a certificate or license, or renewal of a certificate or license, by bribery or fraudulent representation;
(3)
Has knowingly made a false statement on a form required by the board for licensing or renewal of license;
(4)
Has failed to obtain the continuing education credits required by the board;
(5)
Has engaged in or solicited sexual relations with a client, or committed an act of sexual abuse or sexual misconduct against a past or current client;
(6)
Has failed to remain free from use of any controlled substance or any alcoholic beverages to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant bears the burden of proving that he or she is free from use of any controlled substance or any alcoholic beverages that impair his or her ability to conduct with safety to the public the practice authorized by this license;
(7)
Has been convicted of a felony, which is subject to waiver by the board upon presentation of satisfactory evidence that this conviction does not impair the ability of the person to conduct with safety to the public practice authorized by this license. The applicant bears the burden of proving that his or her conviction does not impair his or her ability to conduct with safety to the public the practice authorized by this license;
(8)
Has disciplinary action pending or has revocation, suspension, or probation taken against the licensee’s license in another state;
(9)
Assists or permits unlicensed persons under the licensee’s supervision to perform services for which a license is required under this chapter;
(10)
Has failed to maintain confidentiality, except as required or permitted by law;
(11)
Has engaged in false or misleading advertising;
(12)
Has a mental disability that significantly impairs the ability of the person to conduct with safety to the public the practice authorized by this license. Mental disability includes, but is not limited to, an order by a court that a licensee is in need of mental treatment for incompetence; or
(13)
Has violated any of the provisions of this chapter, or the provisions of any code of ethics adopted by the board.
History of Section.
P.L. 1994, ch. 77, § 2; P.L. 1994, ch. 102, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-39.1 - License Procedure for Social Workers › Section 5-39.1-11. - Complaints.

§ 5-39.1-11. Complaints.
All complaints concerning a licensee’s business or professional practice shall be received by either the board or the state agency. Each complaint received shall be logged, recording at a minimum the following information:
(1)
Licensee’s name;
(2)
Name of the complaining party;
(3)
Date of complaint;
(4)
Brief statement of complaint; and
(5)
Disposition.
History of Section.
P.L. 1994, ch. 77, § 2; P.L. 1994, ch. 102, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-39.1 - License Procedure for Social Workers › Section 5-39.1-12. - Disciplinary process.

§ 5-39.1-12. Disciplinary process.
(a)
Disciplinary procedures under this chapter shall be conducted in accordance with the administrative procedures act, chapter 35 of title 42.
(b)
The board or its designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee. At the conclusion of the hearing, the board shall make recommendation to the director who shall issue an order.
History of Section.
P.L. 1994, ch. 77, § 2; P.L. 1994, ch. 102, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-39.1 - License Procedure for Social Workers › Section 5-39.1-13. - Disciplinary sanctions.

§ 5-39.1-13. Disciplinary sanctions.
(a)
The board may recommend that the director impose any of the following sanctions, singly or in combination, when it finds that a licensee is guilty of any offenses described in § 5-39.1-10:
(1)
Revoke the license;
(2)
Suspend the license for any period of time;
(3)
Censure the licensee;
(4)
Issue a letter of reprimand;
(5)
Place a licensee on probationary status and require the licensee to submit to any of the following:
(i)
Report regularly to the board upon matters that are the basis of probation;
(ii)
Continue to renew professional education until a satisfactory degree of skill has been attained in those areas that are the basis of probation;
(6)
Refuse to renew a license; or
(7)
Revoke probation that has been granted and impose any other discipline provided in this section when the requirements of probation have not been fulfilled or have been violated.
(b)
The board may recommend that the director reinstate any licensee to good standing under this chapter, if, after a hearing, the board is satisfied that the applicant’s renewed practice is in the public interest.
(c)
Upon the suspension or revocation of a license issued under this chapter, a licensee shall be required to surrender the license or registration to the director, and upon failure to do so, the director has the right to seize the license or registration.
(d)
The director shall make available annually a list of the names and addresses of all licensees under the provisions of this chapter, and of all persons who have been disciplined within the preceding twelve (12) months.
(e)
Any person convicted of violating the provisions of this chapter or a rule promulgated under this chapter is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000).
History of Section.
P.L. 1994, ch. 77, § 2; P.L. 1994, ch. 102, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-39.1 - License Procedure for Social Workers › Section 5-39.1-14. - Severability.

§ 5-39.1-14. Severability.
The provisions of this chapter are severable and if any of this chapter’s provisions are held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions.
History of Section.
P.L. 1994, ch. 77, § 2; P.L. 1994, ch. 102, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-1. - Definitions.

§ 5-40-1. Definitions.
As used in this chapter:
(1)
“Board” means the board of physical therapy established by § 5-40-2.
(2)
“Department” means the department of health.
(3)
“Diagnostic imaging” means techniques used to capture an image of a body part. For purposes of this chapter, diagnostic imaging shall include basic radiological imaging, commonly referred to as x-ray imaging, but shall not include other methodologies such as computer topography scan, ultrasound, bone scan, magnetic resonance imaging (MRI), or positron emission tomography scan.
(4)
“Examination” means an examination approved by the department in consultation with the board.
(5)
“License” means a license issued by the department to practice physical therapy.
(6)
“Physical therapist” means an individual who is licensed by the department to practice physical therapy.
(7)
“Physical therapist assistant” means an individual who is licensed by the department to assist in the practice of physical therapy under the supervision of a physical therapist.
(8)
“Physical therapy” means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.
(9)
“Practice of physical therapy” means:
(i)(A)
Examination, evaluation, treatment, and instruction of patients/clients to detect, assess, prevent, correct, alleviate, and limit physical disability, physical dysfunction, and pain from injury, disease, and any other bodily conditions;
(B)
Administration, interpretation, and evaluation of tests and measurements of bodily functions and structures;
(C)
The planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventive and therapeutic purposes;
(D)
The provision of consultative, educational, and other advisory services for the purpose of reducing the incidence and severity of physical disability, physical dysfunction, and pain; and
(E)
Ordering diagnostic imaging and studies that are performed and interpreted by other licensed healthcare professionals pursuant to the provisions of § 5-40-23.
(ii)
The practice of physical therapy does not include the practice of medicine as defined in chapter 37 of this title.
(10)
“Supervision” means that a licensed physical therapist is at all times responsible for supportive personnel and students.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 1988, ch. 359, § 1; P.L. 1988, ch. 434, § 1; P.L. 1992, ch. 232, § 1; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1; P.L. 2017, ch. 130, § 1; P.L. 2017, ch. 312, § 1; P.L. 2021, ch. 207, § 1, effective July 7, 2021; P.L. 2021, ch. 327, § 1, effective July 9, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-2. - Board of physical therapy — Creation — Composition.

§ 5-40-2. Board of physical therapy — Creation — Composition.
Within the division of professional regulation of the department of health, there is a board of physical therapy consisting of seven (7) members as provided by § 5-40-3.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-3. - Board of physical therapy — Composition — Appointment, terms, oath, and removal of members.

§ 5-40-3. Board of physical therapy — Composition — Appointment, terms, oath, and removal of members.
(a)
In the month of June, 1983, and annually thereafter, the director of health, with the approval of the governor, appoints the appropriate number of persons to serve on the board for terms of three (3) years and until his or her successor has been appointed and qualified. The board shall consist of seven (7) members appointed by the director of the department of health with the approval of the governor. Four (4) members shall be licensed physical therapists; one member shall be a licensed physical therapist assistant; one member shall be a physician licensed to practice medicine in this state; and one member shall be a consumer.
(b)
No member shall serve for more than two (2) successive terms. The director of health may remove any member from the board for neglect of any duty required by law or for any incompetency, unprofessional or dishonorable conduct. Vacancies created by voluntary resignation or removal by the director of health shall be filled in the same manner as the original appointment is made for the remainder of the term not exceeding the original two-term (2) limitation.
(c)
Before beginning a term, each member of the board shall take the oath prescribed by law for state officers that shall be filed with the secretary of state.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-4. - Board of physical therapy — Organization and meetings.

§ 5-40-4. Board of physical therapy — Organization and meetings.
The board shall organize immediately after the appointment and qualification of its members. The board shall elect annually a chairperson and secretary. The board shall meet at least semiannually. Meetings may also be called at any time by the chairperson, or the director of the department of health, or the administrator of the division of professional regulation, or by written request of two (2) members of the board. A majority of the fully authorized board constitutes a quorum to do business.
History of Section.
P.L. 1982, ch. 261, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-5. - Board of physical therapy — General powers.

§ 5-40-5. Board of physical therapy — General powers.
The board is authorized to recommend to the director of the department of health for his or her approval the adoption and revision of rules and regulations, not inconsistent with law, that are necessary to enable it to carry into effect the provisions of this chapter. The board shall recommend for licensure only qualified applicants. The board shall review applicants at least twice a year. The board shall recommend the tests that applicants for licensure take. The department shall adopt policies to be followed in the examination, licensure, and renewal of license of duly qualified applicants. The board shall conduct hearings upon charges calling for the discipline of a licensee or revocation of a license. The department has the power to issue subpoenas and compel the attendance of witnesses and administer oaths to persons giving testimony at hearings. The board or the director of the department of health shall prosecute all persons violating this chapter and has the power to incur necessary expenses of prosecution. The board shall keep a record of all of its proceedings. The board may utilize other persons as necessary to carry on the work of the board.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-6. - Qualification of physical therapists.

§ 5-40-6. Qualification of physical therapists.
Any applicant for licensure shall submit to the board written evidence on forms furnished by the department of health that the applicant meets all of the following requirements:
(1)
Is at least eighteen (18) years of age;
(2)
Is of good moral character;
(3)
Has graduated from an education program in physical therapy accredited by the Commission on Accreditation of Physical Therapy Education (CAPTE) or other accrediting agency as approved by the department in consultation with the board in the year of the applicant’s graduation; and
(4)
Has passed the National Physical Therapy Examination (NPTE) of the Federation of State Boards of Physical Therapy (FSBPT) or other physical therapy certification examination as approved by the department in consultation with the board to determine the applicant’s fitness to engage in the practice of physical therapy.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1; P.L. 2018, ch. 176, § 11; P.L. 2018, ch. 289, § 11.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-6.1. - Qualifications of physical therapist assistants.

§ 5-40-6.1. Qualifications of physical therapist assistants.
Any applicant for licensure shall submit to the board written evidence on forms furnished by the department of health that the applicant meets all of the following requirements:
(1)
Is at least eighteen (18) years of age;
(2)
Is of good moral character;
(3)
Has graduated from an educational program in physical therapy accredited by the Commission on Accreditation of Physical Therapy Education (CAPTE) or other accrediting agency as approved by the department in consultation with the board in the year of the applicant’s graduation; and
(4)
Has passed the National Physical Therapy Examination (NPTE) of the Federation of State Boards of Physical Therapy (FSBPT) or other physical therapy assistant certification examination as approved by the department in consultation with the board to determine the applicant’s fitness to engage in the practice of physical therapy.
History of Section.
P.L. 1988, ch. 359, § 2; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1; P.L. 2018, ch. 176, § 11; P.L. 2018, ch. 289, § 11.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-7. - Licensing of physical therapists.

§ 5-40-7. Licensing of physical therapists.
(a) By Examination.
The applicant is required to pass with a grade determined by the board, an examination approved by the department in consultation with the board; physical therapists licensed under the provisions of this chapter on August 31, 1982, shall continue to be licensed.
(b) Without Examination by Endorsement.
A license to practice physical therapy may be issued without examination to an applicant who has been licensed by examination as a physical therapist under the laws of another state or territory or District of Columbia, if, in the opinion of the board, the applicant meets the qualifications required of physical therapists in this state.
(c)(1) Graduate Practice.
Every graduate of a board-approved physical therapy school who has filed a physical therapy application may, upon receiving a permit from the department of health, perform as a physical therapist under the supervision of a physical therapist licensed in this state.
(2)
During this period, the applicant shall identify him or herself only as a “graduate physical therapist.”
(3)
If the applicant fails to take the examination, as specified in subsection (a), within ninety (90) days from effective date of graduate status, without cause, or fails to pass the examination and receive a license, all privileges provided in subsections (c)(1) and (c)(2) automatically cease.
(d)(1) Foreign-Trained Applicants.
If the foreign-trained applicant has successfully met the requirements of the rules and regulations, the applicant’s credentials shall be accepted by the board.
(2)
Prior to becoming licensed in this state, the foreign-trained applicant must also meet all of the appropriate requirements described in this section or its equivalent as established in rules and regulations.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-7.1. - Licensing of physical therapist assistants.

§ 5-40-7.1. Licensing of physical therapist assistants.
(a) By examination.
The applicant is required to pass with a grade determined by the board an examination approved by the department in consultation with the board.
(b) Without examination by endorsement.
A license may be issued without examination to an applicant who has been licensed by examination as a physical therapist assistant under the laws of another state or territory or District of Columbia, if, in the opinion of the board, the applicant meets the qualifications required of physical therapist assistants in this state.
(c)(1) Graduate practice.
Every graduate of a board-approved physical therapist assistant educational program who has filed a physical therapy application may, upon receiving a permit from the department of health, perform as a physical therapist assistant under the supervision of a physical therapist licensed in this state.
(2)
During this period, the applicant shall identify himself or herself only as a “graduate physical therapist assistant.”
(3)
If the applicant fails to take the examination, as specified in subsection (a), within ninety (90) days from the effective date of graduate status, without cause or fails to pass the examination and receive a license, all privileges provided in subsections (c)(1) and (c)(2) automatically cease.
(d)(1) Foreign-trained applicants.
If the foreign-trained applicant has successfully met the requirements of the rules and regulations, the applicant’s credentials shall be accepted by the board.
(2)
Prior to becoming licensed in this state, the foreign-trained applicant must also meet all of the appropriate requirements described in this section or its equivalent as established in rules and regulations.
History of Section.
P.L. 1988, ch. 359, § 2; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1; P.L. 2019, ch. 308, art. 1, § 19.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-8. - Application fee for physical therapists.

§ 5-40-8. Application fee for physical therapists.
When an application is submitted to the division of professional regulation for a license to practice physical therapy in Rhode Island pursuant to this chapter, either by endorsement or by examination, the applicant shall pay a fee as set forth in § 23-1-54 to the state department of health.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 1986, ch. 235, § 1; P.L. 1988, ch. 359, § 1; P.L. 2001, ch. 77, art. 14, § 15; P.L. 2007, ch. 73, art. 39, § 13; P.L. 2012, ch. 241, art. 9, § 15.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-8.1. - Application fee for physical therapist assistants.

§ 5-40-8.1. Application fee for physical therapist assistants.
When an application is submitted to the department for a license to practice physical therapy in Rhode Island pursuant to this chapter, either by endorsement or by examination, the applicant shall pay a fee as set forth in § 23-1-54 to the general treasurer of the state of Rhode Island.
History of Section.
P.L. 2003, ch. 133, § 2; P.L. 2003, ch. 152, § 2; P.L. 2007, ch. 73, art. 39, § 13; P.L. 2012, ch. 241, art. 9, § 15.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-9. - Right of use of the title of physical therapist.

§ 5-40-9. Right of use of the title of physical therapist.
(a)
To safeguard the welfare and health of the people of the state, it is unlawful for any person to represent himself or herself as a physical therapist or physical therapist assistant in this state or to use any title, abbreviation, sign, or device to indicate that the person is a physical therapist or physical therapist assistant unless this person has been licensed pursuant to the provisions of §§ 5-40-7 and 5-40-7.1.
(b)
A physical therapist shall use the letters “PT” or the term “physical therapist” immediately following his or her name to designate licensure under this chapter. A person or business entity, its employees, agents, or representatives shall not use in connection with that person’s name or the name or activity of the business, the words “physical therapy,” “physical therapist,” “registered physical therapist,” the letters “PT,” “DPT,” “LPT,” “RPT,” “SPT,” or any other words, abbreviations, or insignia, indicating or implying, directly or indirectly, that physical therapy is provided or supplied, unless the services are provided by or under the direction of a physical therapist licensed pursuant to this chapter. A person who or business entity shall not advertise or otherwise promote another person as being a “physical therapist” unless the individual so advertised or promoted is licensed as a physical therapist pursuant to this chapter. A person who or business entity that offers, provides, or bills any other person for services shall not characterize those services as “physical therapy” unless the individual performing those services is a person under the direction or supervision of a physical therapist pursuant to this chapter.
(c)
The abbreviation “G.P.T.” shall be used to identify a “graduate physical therapist” authorized to perform as a graduate physical therapist pursuant to this chapter.
(d)
A physical therapist assistant shall use the letters “PTA” immediately following his or her name to designate licensure under this chapter.
(e)
A person shall not use the title “physical therapist assistant” or “graduate physical therapist assistant” and the letters “PTA” or “GPTA,” or any other words, abbreviations, or insignia in connection with that person’s name, to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 1988, ch. 359, § 1; P.L. 2017, ch. 130, § 1; P.L. 2017, ch. 312, § 1; P.L. 2019, ch. 308, art. 1, § 19.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-10. - Continuing education requirements and expiration and renewal of licenses.

§ 5-40-10. Continuing education requirements and expiration and renewal of licenses.
(a)
The certificate of every person licensed under the provisions of this chapter shall expire on the first day of May of the next even year following the date of original licensure. On or before the first day of March of each year, the department shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every licensed person who desires to renew his or her license shall provide satisfactory evidence to the department that in the preceding two (2) years the practitioner has completed the twenty-four (24) required continuing education hours as established by the department through rules and regulations and shall file with the department a renewal application executed together with a renewal fee as set forth in § 23-1-54 on or before the thirty-first day of March of each even year. The department may extend for only one six-month (6) period these educational requirements if the department is satisfied that the applicant has suffered hardship that prevented meeting the educational requirement.
(b)
Upon receipt of the renewal application, and payment of the renewal fee, the accuracy of the application shall be verified and the department shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even year.
(c)
Any person who allows his or her license to lapse by failing to renew it on or before the thirty-first day of March of the next even year, as provided in this section, may be reinstated by the department on payment of the current renewal fee plus an additional fee as set forth in § 23-1-54.
(d)
Any person using the title “physical therapist” or “physical therapist assistant” during the time that his or her license has lapsed is subject to the penalties provided for violations in this chapter.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 1988, ch. 359, § 1; P.L. 1993, ch. 138, art. 71, § 2; P.L. 2001, ch. 77, art. 14, § 15; P.L. 2007, ch. 27, § 1; P.L. 2007, ch. 40, § 1; P.L. 2007, ch. 73, art. 39, § 13; P.L. 2012, ch. 241, art. 9, § 15.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-11. - Register of physical therapists — Records — Issuance of licenses.

§ 5-40-11. Register of physical therapists — Records — Issuance of licenses.
(a)
The department shall maintain a register of all persons licensed under this chapter that shall be open at all reasonable times to public inspection and the department shall be the custodian of all records pertaining to the licensure of physical therapists or physical therapist assistants.
(b)
The director of the department of health shall issue licenses only to applicants who meet the requirements of this chapter.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 1988, ch. 359, § 1; P.L. 2003, ch. 133, § 1; P.L. 2003, ch. 152, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-12. - Receipts.

§ 5-40-12. Receipts.
The proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited as general revenues.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 1989, ch. 126, art. 26, § 5; P.L. 1995, ch. 370, art. 40, § 21.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-14. - Procedure for discipline of physical therapist.

§ 5-40-14. Procedure for discipline of physical therapist.
(a)
When a written allegation is filed with the board charging a person with having been guilty of any of the actions specified in § 5-40-13, the division of professional regulation shall immediately investigate those charges, or, the board, after investigation, may institute charges.
(1)
In the event that investigation reveals reasonable grounds for believing that the person is guilty of the charges, upon the recommendation of the board or the administrator, the director shall fix a time and place for a hearing, and shall serve a copy of the charges together with a notice of the time and the place fixed for the hearing personally upon the accused at least twenty (20) days prior to the time fixed for the hearing.
(2)
When personal service cannot be effected and that fact is certified by oath by any person authorized to make service, the board shall publish once, in each of two (2) successive weeks, a notice of the hearing in a newspaper published in the county where the accused last resided according to the records of the board and shall mail a copy of the charges and of that notice to the accused at his or her last known address. When publication of notice is necessary, the date of the hearing shall not be less than twenty (20) days after the last date of publication of the notice.
(3)
At the hearing, the accused has the right to appear personally or by counsel or both; to produce witnesses and evidence on his or her behalf; to cross-examine witnesses; and to have subpoenas issued by the administrator of professional regulation. The attendance of witnesses and the production of books, documents, and papers at the hearing may be compelled by subpoenas issued by the administrator, which shall be served in accordance with law.
(4)
At the hearing, the administrator shall administer oaths as may be necessary for the proper conduct of the hearing.
(5)
The board is not bound by the strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient legal evidence to sustain it.
(6)
If the accused is found guilty of the charges, the board may refuse to issue a registration to the applicant or may revoke or suspend their license or otherwise discipline that person.
(b)
Upon the revocation or suspension of any license, the license holder shall surrender the license to the administrator of professional regulation who shall strike the name of the holder from the register.
(c)
A revoked or suspended license may be reviewed at the discretion of the board.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 1988, ch. 359, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-15. - Grounds for discipline without a hearing.

§ 5-40-15. Grounds for discipline without a hearing.
(a)
In the event a person is hospitalized for mental illness or as an alcoholic as defined in chapter 1.10 of title 23, the board may, without the necessity of the proceedings provided for in § 5-40-16, suspend, or refuse to renew the license of that person for the duration of his or her confinement or until that person is medically discharged from hospitalization.
(b)
A plea of nolo contendere cannot be used as a defense to prevent the board from suspending or refusing to renew the license.
History of Section.
P.L. 1982, ch. 261, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-16. - Appeals from board, administrator, or director.

§ 5-40-16. Appeals from board, administrator, or director.
(a)
An appeal from any decision or order of the board, administrator of professional regulation, or director of the department of health may be claimed by any aggrieved party within thirty (30) days of that decision or order by filing a claim of appeal and reasons for the appeal in the office of the clerk of the superior court in the county in which the aggrieved party resides.
(b)
A copy of the aggrieved party’s claim of appeal and the reasons for the appeal shall be served on the secretary of the board or administrator of professional regulation. The secretary or administrator shall promptly certify to the clerk of the superior court a correct and full copy of the record in connection with the order, including a transcript of the evidence, if the transcript has been taken, its findings of fact, conclusions, and a copy of the order.
(c)
The court shall review the record of the order or decision, and in the event it finds that order or decision unlawful, arbitrary, or unreasonable, may vacate or set aside that order.
(d)
The aggrieved party may claim or waive a trial by jury and proceedings shall be the same as those taken at other criminal or civil proceedings, but no party shall rely on any other grounds than those stated in his or her reasons of appeal.
(e)
The filing of a claim of appeal shall not in itself stay or suspend the operation of any order or decision of the board, but during the pendency of those proceedings, the superior court may, in its discretion, stay or suspend, in whole or in part, the order or decision. No order of the court staying or suspending an order or decision shall be made by the court other than on five (5) days’ notice and after a hearing thereon and the suspension of the order or decision shall be based upon a finding by the court that great or irreparable damage would result to the aggrieved party in the absence of that stay or suspension.
(f)
An appeal may be taken from the decision of the superior court to the supreme court of the state in the same manner as an appeal is taken under § 28-35-29.
History of Section.
P.L. 1982, ch. 261, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-17. - Penalties for violations.

§ 5-40-17. Penalties for violations.
(a)
It is a misdemeanor for any person, firm, corporation, or association to:
(1)
Use in connection with his or her name any designation tending to imply that he or she is a physical therapist or physical therapist assistant unless licensed under the provisions of this chapter;
(2)
Use in connection with his or her name any designation tending to imply that he or she is a physical therapist or physical therapist assistant during the time his or her license issued under the provisions of this chapter is suspended or revoked; or
(3)
Violate any of the provisions of this chapter.
(b)
All misdemeanors shall be punishable by a fine of not less than three hundred dollars ($300) for the first offense. Each subsequent offense shall be punishable by a fine of not less than five hundred dollars ($500), or by imprisonment of not more than one year, or both.
History of Section.
P.L. 1982, ch. 261, § 2; P.L. 1988, ch. 359, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-18. - Injunction of violations.

§ 5-40-18. Injunction of violations.
When it appears to the board that any person is violating any of the provisions of this chapter, the director of the department of health may institute an action, commenced in the name of the board, to enjoin that violation in a court of competent jurisdiction, and that court may enjoin any person, firm, corporation, or association from violating any of the provisions of this chapter without regard to whether proceedings have been or may be instituted.
History of Section.
P.L. 1982, ch. 261, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-19. - Applicability to osteopaths and chiropractors.

§ 5-40-19. Applicability to osteopaths and chiropractors.
No provision of this chapter shall be construed to apply to any person licensed either under the provisions of chapter 37 of this title to practice osteopathic medicine, or the provisions of chapter 30 of this title, entitled “Chiropractic Physicians.”
History of Section.
P.L. 1982, ch. 261, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-20. - Enforcement of chapter.

§ 5-40-20. Enforcement of chapter.
The director of the department of health shall enforce the provisions of this chapter. The director or his or her authorized agents and the board shall be exempt from providing surety for costs in connection with the commencement of any legal proceedings under this chapter.
History of Section.
P.L. 1982, ch. 261, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-21. - Severability.

§ 5-40-21. Severability.
The provisions of this chapter are severable, and if any of the provisions of this chapter are held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions.
History of Section.
P.L. 1982, ch. 261, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-22. - Construction of references.

§ 5-40-22. Construction of references.
Whenever in chapter 40 of this title, entitled “Physical Therapists,” the words “division of professional regulation” or “administrator of professional regulation” shall appear, the same shall be deemed to refer to and mean the “department of health.”
History of Section.
P.L. 2003, ch. 133, § 2; P.L. 2003, ch. 152, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-23. - Ordering diagnostic imaging — Sunset.

§ 5-40-23. Ordering diagnostic imaging — Sunset.
(a)
Physical therapists licensed pursuant to § 5-40-7 may order diagnostic imaging as defined in § 5-40-1 to be performed and interpreted by other licensed healthcare professionals.
(b)
All diagnostic imaging tests ordered by a physical therapist shall be reported by the physical therapist to the patient’s designated primary care physician of record within seven (7) days following receipt of the results. This reporting shall not be required if the patient does not have a primary care physician.
(c)
Managed healthcare plans shall provide a utilization report to the general assembly no later than September 1, 2022, and annually thereafter.
(d)
Unless extended by the general assembly, physical therapists shall not be authorized to order diagnostic imaging as an authorized practice of physical therapy after December 31, 2025.
History of Section.
P.L. 2021, ch. 207, § 2, effective July 7, 2021; P.L. 2021, ch. 327, § 2, effective July 9, 2021; P.L. 2023, ch. 47, § 1, effective June 12, 2023; P.L. 2023, ch. 48, § 1, effective June 12, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40 - Physical Therapists › Section 5-40-24. - Physical therapy in a school setting.

§ 5-40-24. Physical therapy in a school setting.
A physical therapist licensed under this chapter may perform physical therapy services without a prescription or referral, when providing physical therapy services in a school setting to a student in accordance with the provisions of the student’s individualized education plan (IEP) or individualized family service plan (IFSP).
History of Section.
P.L. 2022, ch. 79, § 1, effective June 15, 2022; P.L. 2022, ch. 80, § 1, effective June 15, 2022.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40.1 - Occupational Therapy › Section 5-40.1-1. - Short title.

§ 5-40.1-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Occupational Therapy Practice Act.”
History of Section.
P.L. 1984, ch. 356, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40.1 - Occupational Therapy › Section 5-40.1-2. - Declaration of purpose.

§ 5-40.1-2. Declaration of purpose.
In order to safeguard the public health, safety, and welfare; to protect the public from incompetent, unscrupulous, and unauthorized persons; to ensure the highest degree of professional conduct on the part of occupational therapists and to ensure the availability of occupational therapy services of high quality to persons in need of these services; it is the purpose of this chapter to provide for the regulation of persons offering occupational therapy services.
History of Section.
P.L. 1984, ch. 356, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40.1 - Occupational Therapy › Section 5-40.1-4. - Board of occupational therapy practice — Creation — Composition — Appointment and term of members — Meetings — Vacancies.

§ 5-40.1-4. Board of occupational therapy practice — Creation — Composition — Appointment and term of members — Meetings — Vacancies.
(a)
There is created within the division of professional regulation in the department of health a board of occupational therapy practice. The board shall consist of five (5) members appointed by the director of the department of health with the approval of the governor. Three (3) members shall be licensed occupational therapists; one member shall be a physician licensed to practice medicine in this state; and one member shall be a consumer.
(b)
The director of the department of health, with the approval of the governor, within sixty (60) days following May 11, 1984, shall appoint one board member for a term of one year; two (2) for a term of two (2) years; and two (2) for a term of three (3) years. Appointments made thereafter shall be for three-year (3) terms, but no person shall be appointed to serve more than two (2) consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section.
(c)
The board shall meet during the first month of each calendar year to select a chairperson and for other purposes. At least one additional meeting shall be held before the end of each calendar year. Other meetings may be convened at the call of the chairperson, the administrator of professional regulation, or upon the written request of any two (2) board members. A majority of the members of the board constitutes a quorum for all purposes.
(d)
In the event of a vacancy in one of the positions, the director of the department of health, with the approval of the governor, may appoint a person to fill the unexpired term.
History of Section.
P.L. 1984, ch. 356, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40.1 - Occupational Therapy › Section 5-40.1-5. - Board of occupational therapy practice — Powers and duties — Register — Compensation of members.

§ 5-40.1-5. Board of occupational therapy practice — Powers and duties — Register — Compensation of members.
(a)
The board is authorized to recommend to the director of the department of health, for his or her approval, the adoption and revision of any rules and regulations not inconsistent with law as necessary to enable it to carry into effect the provisions of this chapter.
(b)
The board shall recommend only qualified applicants for licensure. The board shall review applicants at least twice a year.
(c)
The division of professional regulation shall adopt policies to be followed in the examination, licensure, and renewal of licenses of qualified applicants.
(d)
The board shall conduct hearings upon charges calling for the discipline of licensees or revocation of licenses as shall be necessary, in accordance with the administrative procedures act, chapter 35 of title 42. The administrator of professional regulation has the power to issue subpoenas and compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings.
(e)
The board shall maintain in the office of the division of professional regulation a register of all persons holding a license.
(f)
Members of the board shall receive no compensation for their services.
History of Section.
P.L. 1984, ch. 356, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40.1 - Occupational Therapy › Section 5-40.1-6. - Licenses required.

§ 5-40.1-6. Licenses required.
(a)
Pursuant to this section, no person may practice occupational therapy, or hold himself or herself out as an occupational therapist or occupational therapy assistant, or as being able to practice as an occupational therapist or occupational therapy assistant, or as being able to practice occupational therapy, or to render occupational therapy services, in this state unless he or she is licensed under the provisions of this chapter and the rules and regulations authorized by this chapter.
(b)
Only an individual may be licensed under this chapter.
(c)
Only an individual licensed in this state as an occupational therapist may use the words “occupational therapist,” “licensed occupational therapist,” or “occupational therapist registered” in connection with his or her name or place of business; or may use other words, letters, abbreviations, or insignia indicating or implying that he or she is an occupational therapist.
(d)
Only an individual licensed in this state as an occupational therapy assistant may use the words “certified occupational therapy assistant,” “occupational therapy assistant,” or “licensed occupational therapy assistant” in connection with his or her name or place of business; or may use other words, letters, abbreviations, or insignia indicating or implying that he or she is an occupational therapy assistant.
History of Section.
P.L. 1984, ch. 356, § 1; P.L. 1997, ch. 350, § 1; P.L. 1999, ch. 354, § 12.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-40.1 - Occupational Therapy › Section 5-40.1-7. - Persons and practices not affected.

§ 5-40.1-7. Persons and practices not affected.
Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of:
(1)
Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed;
(2)
Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency of it, if that person provides occupational therapy solely under the direction or control of the organization by which he or she is employed;
(3)
Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if the person is designated by a title that clearly indicates his or her status as a student or trainee; or
(4)
Any person fulfilling the supervised fieldwork experience requirements of § 5-40.1-8(a)(3), if the experience constitutes a part of the experience necessary to meet the requirement of that section.
History of Section.
P.L. 1984, ch. 356, § 1.