reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.12 - Severability

Current through June 14, 2024
If any provisions of this Part, or the application thereof,
					 to any person or entity or circumstance is adjudged invalid by a court of
					 competent jurisdiction, such judgment shall not affect or impair the validity
					 of the other provisions of this Part, or the application thereof, to other
					 persons, entities, and circumstances.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.1 - Authority

Current through June 14, 2024
A. These Regulations are promulgated pursuant
				  to the authority conferred under R.I. Gen. Laws Chapters 23-1, 23-24.6, and
				  42-128.1 and  40 C.F.R Part 745  for the purpose of establishing the requirements
				  for licensing or certification of lead training courses, lead inspectors, lead
				  inspectors-in-training, lead assessors, lead contractors, lead supervisors,
				  lead workers, and lead renovation firms.
B. The following Regulations also provide
				  procedures related to this Part:
1. Rules and
				  Regulations Pertaining to the Fee Structure for Licensing Laboratory and
				  Administrative Services provided by the Department of Health (Part 10-05-2 of
				  this Title);
2. Rules and
				  Regulations Pertaining to Reporting of Infectious, Environmental and
				  Occupational Diseases (Part 30-05-1 of this Title);
3. Rules and Regulations for Certifying
				  Analytical Laboratories (Part 60-05-5 of this Title);
4. Rules and Regulations for Clinical
				  Laboratories and Stations (Part 60-05-4 of this Title);
5. Rules and Regulations Pertaining to
				  Practices and Procedures Before the Department of Health (Part 10-05-4 of this
				  Title);
6. Rules and Regulations
				  Relating to Equal Access to Justice (Part 10-05-3 of this Title);
7. Rules and Regulations Governing Lead
				  Hazard Mitigation (860-RICR-00- 00-2);
8. Lead Poisoning Prevention Compliance and
				  Enforcement (Part 3 of this Subchapter);
9. Lead Inspections (Part 5 of this
				  Subchapter); and
10. Lead Safe Work
				  Practices (Part 12 of this Subchapter);
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.3 - Certification Requirements for Lead Training Courses

Current through June 14, 2024
11.3.1
Training Providers
A. A training
				  provider shall employ the following:
1. A
				  training manager, qualified pursuant to § 11.3.2 of this Part;
2. One (1) or more individuals qualified as
				  principal instructors pursuant to § 11.3.3 of this Part;
3. One (1) or more individuals with work
				  experience as a Lead Supervisor, Lead Worker, or Lead Renovator to teach the
				  hands-on portion of a Lead Renovator training course;
4. One (1) or more individuals with work
				  experience as a Lead Supervisor to teach the hands-on portion of a Lead
				  Supervisor or Lead Worker training course;
5. One (1) or more individuals with work
				  experience as a Lead Inspector/Lead Assessor to teach the hands-on portion of a
				  Lead Inspector or Lead Assessor training course.
6. Enough instructors to ensure that the
				  student-to-instructor ratio for the hands-on training activities will not be
				  greater than:
a. Eight to one (8:1) for a
				  Lead Supervisor, Lead Worker, or Lead Renovator training course; or
b. Six to one (6:1) for a Lead Inspector or
				  Lead Assessor training course.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.4 - Licensing Requirements for All Lead Professionals

Current through June 14, 2024
11.4.1
Persons Required to be Licensed
				  or Certified
A. Persons who offer or
				  conduct any lead training course for the purpose of licensure or certification
				  as a lead professional in Rhode Island require a certification from the
				  Department, in accordance with §
											11.3   of this Part, for each
				  lead training course.
B. The lead
				  professional license requirements of this Part are applicable to those
				  organizations, including sole proprietorships and self-employed individuals,
				  applying to be licensed as a:
1. Lead
				  Renovation Firm; or
2. Lead
				  Contractor.
C. The lead
				  professional license requirements of this Part are applicable to those
				  individuals applying to be licensed as a:
1.
				  Lead Supervisor;
2. Lead
				  Worker;
3. Lead
				  Inspector;
4. Lead
				  Inspector-in-Training; or
5. Lead
				  Assessor.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.5 - License Requirements for Lead Renovation Firms and Certification Requirements for Lead Renovators

Current through June 14, 2024
A. Organizations,
				  including sole proprietorships and subcontractors, and self employed
				  individuals shall be licensed by the Department as a Lead Renovation Firm in
				  order to offer or perform renovation, repair, and painting (RRP) or lead hazard
				  control (LHC) work in Rhode Island.
B. A certified Lead Renovator shall only
				  perform RRP or LHC work in Rhode Island under the authority of a Lead
				  Renovation Firm licensed by the Department.
C. A Lead Renovation Firm shall assign a
				  certified Lead Renovator to supervise each RRP or LHC project and designate
				  that individual on the Start Work Notification (Form PBLC-9), pursuant to
				  § 12.4.1 of this Subchapter.
D. A currently valid Lead Renovator training
				  course completion certificate, pursuant to § 11.3.11(A)(1)(c) of this
				  Part, constitutes certification as a Lead Renovator.
1. A Lead Renovator certification issued
				  pursuant to a Department-certified lead training course is considered to be
				  issued by the Department and may be restricted, limited, suspended, or revoked
				  for failure to comply with the requirements of this Part.
2. A Lead Renovator whose certification is
				  restricted, limited, suspended, or revoked by the Department may request a
				  hearing in accordance with the administrative procedures contained in §
				  3.6.11 of this Subchapter.
3. A
				  Lead Renovator whose certification is restricted, limited, suspended, or
				  revoked by EPA or the EPA-authorized State, who issued the certification, is
				  considered invalid for the purposes of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.6 - License Requirements for Lead Contractors, Lead Supervisors, and Lead Workers

Current through June 14, 2024
11.6.1
General
				  Requirements
A. Organizations,
				  including sole proprietorships and subcontractors, and self employed
				  individuals shall be licensed by the Department as a Lead Contractor in order
				  to offer or perform lead hazard reduction (LHR) work in Rhode Island.
B. A Lead Supervisor or Lead
				  Worker shall only perform LHR work under the authority of a Lead Contractor
				  licensed by the Department.
C. All
				  individuals working on an LHR project shall be appropriately licensed by the
				  Department.
D. A Lead Contractor
				  shall assign a Lead Supervisor to supervise each LHR project and designate that
				  individual on the Start Work Notification (Form PBLC-9), pursuant to §
				  12.4.1 of this Subchapter.
E. A
				  Lead Worker shall only perform LHR work under the direct on-site supervision of
				  a Lead Supervisor licensed by the Department.
F. Any individual possessing a Lead
				  Supervisor license issued by the Department is considered to also possess a
				  Lead Worker license, for the purposes of this Part, and may assume the duties
				  and responsibilities of a Lead Worker.
G. All individuals working on an LHR project
				  shall have documentation of compliance with the medical monitoring requirements
				  specified in § 12.5.1 of this Subchapter.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.7 - License Requirements for Lead Inspectors

Current through June 14, 2024
11.7.1
General Requirements
A. A Lead
				  Inspector-in-Training shall conduct lead inspections for the purpose of meeting
				  the initial Lead Inspector licensing requirements in § 11.7.1(C)(4) of
				  this Part under the direct on-site supervision of a Department-approved Lead
				  Inspector.
B. Written approval from
				  the Department must be obtained by a Lead Inspector prior to supervising a Lead
				  Inspector-in-Training for the purpose of meeting the licensure requirements in
				  § 11.7.1(C)(4) of this Part.
C. Applicants for a Lead Inspector license
				  shall submit their application, in a manner and format acceptable to the
				  Department with documentation of the following:
1. A current Lead Inspector-in-Training
				  License;
2. An eight (8) hour
				  review Lead Inspector training course;
3. Documentation of compliance with the Rules
				  and Regulations for the Control of Radiation (Part 40-20-7 of this
				  Title)
4. A minimum of fifteen (15)
				  Comprehensive Environmental Lead Inspections, performed at fifteen (15)
				  distinct properties, five (5) LHR or LHC Clearance Inspections, and five (5)
				  LHM Inspection, supervised by a Department-approved Lead Inspector, and
				  performed in accordance with all requirements of this Part within the twelve
				  (12) month period prior to submission of the Lead Inspector license
				  application; and
5. A satisfactory
				  field audit and report review by the Department.
D. Action against any lead professional
				  license issued by the Department constitutes grounds for denial or revocation
				  of the Department's approval to supervise a Lead Inspector-in-Training for the
				  purpose of meeting the licensure requirements in § 11.7.1(C)(4) of this
				  Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.8 - License Requirements for Lead Assessors

Current through June 14, 2024
11.8.1
General Requirements
A. A Lead
				  Assessor shall be a designated employee of a Federal, State, or municipal
				  agency with jurisdiction over housing, occupational health, child welfare,
				  environmental standards and/or authorized to act as an enforcing officer under
				  the State Property Maintenance Code (SB-6).
B. A Lead Assessor shall conduct lead
				  inspections only within the jurisdiction of his/her employer.
C. Applicants for a Lead Assessor license
				  shall submit their application, in a manner and format acceptable to the
				  Department with documentation of the following:
1. Proof of employment from the list in
				  § 11.8.1(A) of this Part; and, either
2. A current Lead Inspector license issued by
				  the Department; or
3. A sixteen
				  (16) hour initial Lead Assessor training course.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.9 - Certification and Licensing Requirements for Laboratories Performing Lead Analysis

Current through June 14, 2024
11.9.1
Blood
				  Lead Analysis
No person shall provide or offer to provide analysis of
				  lead concentration in blood, for the purpose of meeting the requirements of
				  this Part, unless that person is licensed pursuant to the provisions of Part
				  60-05-5 of this Title and/or approved by the Department.
11.9.2
Environmental Lead
				  Analysis
No person shall provide or offer to provide analysis of lead
				  concentration in paint, dust, soil, water, or consumer products, for the
				  purpose of meeting the requirements of this Part, unless that person is
				  certified pursuant to the provisions of Part 60-05-5 of this Title and/or
				  approved by the Department, and unless the certification specifically
				  identifies lead as an authorized analyte.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.10 - Severability

Current through June 14, 2024
If any provision of these Regulations, or the application
					 thereof to any person or circumstance, is held to be invalid, such invalidity
					 shall not affect other provisions or applications of the Regulations which can
					 be given effect without the invalid provisions or applications and to this end
					 the provisions are declared to be severable.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 12 - Lead Safe Work Practices › Section 216-RICR-50-15-12.1 - Authority

Current through June 14, 2024
These Regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §§ 23-1, 23-24.6, and 42-128.1, and  40
					 C.F.R Part 745  for the purpose of establishing the requirements for activities
					 that disturb environmental lead including prohibited and approved treatment
					 methods for correcting lead hazards in drinking water, household dust, painted
					 surfaces, soil and/or other appropriate fixed surfaces that may contain
					 lead.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 12 - Lead Safe Work Practices › Section 216-RICR-50-15-12.3 - Regulated Activities

Current through June 14, 2024
A. Spot Removal or
				  Minor Repair and Maintenance
1. A Lead
				  Renovation Firm or Lead Contractor licensed by the Department is not required
				  for spot removal or minor repair and maintenance activities.
2. Spot removal or minor repair and
				  maintenance activities include activities that disturb less than six square
				  feet (6 ft2) of interior lead-based paint per room
				  or less than twenty square feet (20 ft2) of exterior
				  lead-based paint, provided that the work does not include:
a. Any window removal/replacement (no
de minimis
);
b.
				  Any interior mechanical paint removal (no
de
				  minimis
);
c. Interior or
				  partial demolition activities (no
de minimis
); or
d. Prohibited work practices specified in
				  § 12.5.8 of this Part.
3. Disturbing lead-based paint in excess of
				  the spot removal
de minimis
at a regulated facility or for
				  compensation at target housing must be done by a Lead Renovation Firm or Lead
				  Contractor licensed by the Department.
4. When removing painted components, or
				  portions of painted components the entire surface area to be removed is the
				  amount of lead-based paint being disturbed.
5. Any work that disturbs lead-based paint,
				  other than emergency renovation operations, performed in the same room or area
				  within the same thirty (30) day period must be considered the same project for
				  the purpose of determining whether the work is spot removal or renovation,
				  repair, and painting (RRP).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 12 - Lead Safe Work Practices › Section 216-RICR-50-15-12.4 - Notification

Current through June 14, 2024
12.4.1
Pre-Renovation Education
				  (PRE)
A. Pamphlet Not less than seven
				  (7) days and no more than sixty (60) days before beginning an RRP, LHC, or LHR
				  project, the Lead Renovation Firm or Lead Contractor, as applicable, shall
				  provide a Department-approved pamphlet, available on the Department's website,
				  to the owner, occupants, and/or parents, as applicable.
B. Notification Form
1. The Pre-Renovation Notification (Form
				  PBLC-29), Pre-Abatement Notification (Form PBLC-12), or the equivalent, must
				  include the following information:
a. The
				  name, license number, and contact information for the Lead Renovation Firm or
				  Lead Contractor, as applicable;
b.
				  The nature and location of the work; and
c. The start date and end date of the
				  work.
C. Owner
1. The Lead Renovation Firm or Lead
				  Contractor, as applicable, shall inform the owner of the cleaning verification
				  procedure and/or clearance inspection requirements and obtain:
a. PRE-Form PBLC-29 or PBLC-12, or the
				  equivalent, signed by the owner; or
b. Proof of mailing the pamphlet and the US
				  Postal Service delivery confirmation.
D. Occupants
1. If the owner does not occupy the dwelling
				  unit, the Lead Renovation Firm or Lead Contractor, as applicable, shall:
a. Obtain PRE-Form PBLC-29 or PBLC-12, or the
				  equivalent, signed by the tenant;
b. Indicate on PRE-Form PBLC-29 or PBLC-12,
				  or the equivalent, the date and time the pamphlet was delivered, and the tenant
				  was unavailable to sign the form or declined to sign the form; or
c. Obtain proof of mailing the pamphlet and a
				  US Postal Service delivery confirmation.
E. Common Areas
1. The Lead Renovation Firm or Lead
				  Contractor, as applicable, shall provide notification to the occupants of any
				  affected dwelling units by:
a. Posting signs,
				  where they are most likely to be seen by the affected tenants, containing the
				  information required in §
													12.4(B)   of
				  this Part and how to get a free copy of the pamphlet; or
b. Providing the pamphlet to all affected
				  tenants and completing a PRE-Form PBLC-29 or PBLC-12, or the equivalent, to
				  document how each pamphlet was delivered.
F. Child care Facilities
1. For RRP or LHC projects, the Lead
				  Renovation Firm shall provide notification to the parents of all children using
				  the facility by:
a. Posting signs, where they
				  are most likely to be seen by the affected families, containing the information
				  required in §
													12.4(B)   of
				  this Part and how to get a free copy of the pamphlet; or
b. Providing the pamphlet to all affected
				  families and completing a PRE-Form PBLC-29, or the equivalent, to document how
				  each pamphlet was delivered.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 12 - Lead Safe Work Practices › Section 216-RICR-50-15-12.5 - Lead Safe Work Practices

Current through June 14, 2024
12.5.1
Worker
				  Protection
A. The OSHA requirements
				  specified in
				   29 C.F.R. §§
												1926.62 and  1910.125  apply to all RRP, LHC, and LHR projects.
B. The OSHA requirements also apply when the
				  person disturbing lead oper forming LHM, RRP, LHC, or LHR activities is an
				  employee of the property owner.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 12 - Lead Safe Work Practices › Section 216-RICR-50-15-12.7 - Environmental Lead Standards

Current through June 14, 2024
Media
Lead Safe
Conditionally
Lead Safe
Lead Hazard
Paint
All Paint
Intact Paint
Damaged Paint
< 5,000 ppm
< 1.0
								  mg/cm2
[LESS THEN EQUAL TOO] 5,000 ppm
[LESS THEN EQUAL TOO] 1.0
								  mg/cm2
[LESS THEN EQUAL TOO] 5,000 ppm
[LESS THEN EQUAL TOO] 1.0
								  mg/cm2
Dust
Floors
< 10
								  µg/ft2
N/A
[LESS THEN EQUAL TOO] 10
								  µg/ft2
Sills
< 100
								  µg/ft2
N/A
[LESS THEN EQUAL TOO] 100
								  µg/ft2
Wells
< 100
								  µg/ft2
N/A
[LESS THEN EQUAL TOO] 100
								  µg/ft2
Any Other Surface
< 10
								  µg/ft2
N/A
[LESS THEN EQUAL TOO] 10
								  µg/ft2
Soil
All Soil
Covered Soil
Bare Soil
< 400 ppm
[LESS THEN EQUAL TOO] 400 ppm
[LESS THEN EQUAL TOO] 400 ppm
Water
< 15 ppb
N/A
[LESS THEN EQUAL TOO] 15 ppb
Lead clearance standards are lead concentrations or
					 conditions that meet the full lead-safe or conditional lead-safe standards and
					 are less than the lead hazard concentrations and conditions shown in §
										12.7   of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 12 - Lead Safe Work Practices › Section 216-RICR-50-15-12.8 - Recordkeeping

Current through June 14, 2024
A. The Lead Renovator shall maintain the
				  following information for each RRP or LHC project on-site for the duration of
				  the project (when applicable):
1.
				  Documentation of the Lead Renovation Firm's license;
2. Documentation of the Lead Renovator(s)'
				  certification;
3. Documentation of
				  training for all non-certified workers;
4. Documentation of distribution of the
				  Pre-Renovation Education Form PBLC-29, or the equivalent;
5. A copy of the Start Work Notification
				  (Form PBLC-9) and any revised SWN Form PBLC- 9 for the project;
6. Copies of any correspondence with
				  regulatory agencies concerning the project (e.g. building permits, variances,
				  notices or orders from the Department);
7. Lead Inspection Report, EPA Test Kit
				  Documentation Form, EPA Paint Chip Sample Collection Form, or the equivalents
				  by a Lead Inspector, Lead Assessor, or Lead Renovator, as applicable; and
8. For RRP projects, the RRP
				  checklist to be completed by the Lead Renovator.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 12 - Lead Safe Work Practices › Section 216-RICR-50-15-12.9 - Severability

Current through June 14, 2024
If any provision of these Regulations, or the application
					 thereof to any person or circumstance, is held to be invalid, such invalidity
					 shall not affect other provisions or applications of the Regulations which can
					 be given effect without the invalid provisions or applications and to this end
					 the provisions are declared to be severable.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 1 - Determination of the Amount of Alcohol and/or Drugs in a Person's Blood by Chemical Analysis of the Breath and/or Blood (216-RICR-60-05-1) › Section 216-RICR-60-05-1.1 - Authority

Current through June 14, 2024
These Regulations are promulgated pursuant to the authority
					 set forth in R.I. Gen. Laws §§
										31-27-2(g) 
					 and
					  31-27-2.1(a) 
					 for the purpose of establishing procedures for administering tests of breath
					 testing instruments, approving testing instruments, certifying and
					 re-certifying operators, and describing the instrument monitoring program.
					 These Regulations also establish blood testing collection and specimen handling
					 requirements for alcohol and chemical analysis and describe the requirements
					 for the competency of laboratory analysts, the methods of laboratory analysis,
					 and reporting.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 1 - Determination of the Amount of Alcohol and/or Drugs in a Person's Blood by Chemical Analysis of the Breath and/or Blood (216-RICR-60-05-1) › Section 216-RICR-60-05-1.3 - Breath Testing

Current through June 14, 2024
1.3.1
Preliminary Breath Testing
A.
				  Approval of Breath Testing Instruments
1.
				  Only preliminary testing instruments designed for the quantitative
				  determination of the alcohol content of the breath and that have been tested to
				  the satisfaction of the Director and found reliable shall be given approval by
				  the Director and included in the list of approved instruments. The Department
				  shall maintain the list of approved instruments and shall be available upon
				  request.
2. Any approved instrument
				  currently being utilized for breath testing purposes may continue to be
				  utilized until such time as it needs to be replaced ("grandfathered"). Any new
				  testing instrument purchased for determining the alcohol content of the breath
				  shall appear on the Department's list of approved instruments that is in effect
				  on the date of instrument purchase.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 1 - Determination of the Amount of Alcohol and/or Drugs in a Person's Blood by Chemical Analysis of the Breath and/or Blood (216-RICR-60-05-1) › Section 216-RICR-60-05-1.4 - Blood Testing

Current through June 14, 2024
A. Collection
1. The blood specimen(s) for chemical
				  analysis shall be collected by a licensed physician, a registered nurse, or
				  other licensed health care practitioner acting within the scope of his/her
				  practice, or a "medical technician" as defined in §
											1.2(A)(6)   of
				  this Part.
2. Prior to insertion of
				  the needle preparatory to drawing blood, clean the superficial skin over the
				  vein with a sanitizing agent devoid of alcohol.
3. Collect the blood specimen(s) in a sterile
				  laboratory tube. It is preferable that the tube contains chemical(s) designed
				  to prevent bacterial growth. (Such chemicals are commonly found in tubes with
				  grey stoppers).
4. Blood specimens
				  collected voluntarily from an individual for determining blood alcohol content
				  and/or drug screening shall be turned over to the requesting law enforcement
				  authority at the time of blood drawing.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred by R.I. Gen. Laws §
										12-1.5-3(2),
					 and are established for the purpose of adopting minimum standards for the
					 collection, submission, identification, analysis, storage, and disposition of
					 DNA samples and typing results of DNA samples submitted under the requirements
					 of R.I. Gen. Laws Chapter 12-1.5 and for the creation of a DNA database for use
					 in criminal investigations and humanitarian identification
					 purposes.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate the Federal Bureau of Investigation
				  publication, "Quality Assurance Standards for Forensic DNA Testing
				  Laboratories", U.S. Department of Justice, Federal Bureau of Investigation,
				  (September 1, 2011) by reference, not including any further editions or
				  amendments thereof and only to the extent that the provisions therein are not
				  inconsistent with these regulations.
B. These regulations hereby adopt and
				  incorporate the "NDIS Operational Procedures Manual", Version 6, U.S.
				  Department of Justice, Federal Bureau of Investigation, (July 17, 2017) by
				  reference, not including any further editions or amendments thereof and only to
				  the extent that the provisions therein are not inconsistent with these
				  regulations.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.4 - Scope of the Act and Applicable Offenses

Current through June 14, 2024
A. For
				  law enforcement purposes, the Act is applicable to adult persons arrested for
				  crimes of violence as defined in R.I. Gen. Laws §
										12-1.5-2(8) 
				  and/or convicted of any felony.
B.
				  Except as otherwise provided in R.I. Gen. Laws §
										12-1.5-11,
				  use of DNA samples and DNA records collected under the Act are limited to those
				  purposes stated in R.I. Gen. Laws §
										12-1.5-10(4),
				  and shall not be used for the purposes stated in R.I. Gen. Laws §
										12-1.5-10(5).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.5 - Procedures for Conduct, Disposition, and Use of DNA Analysis

Current through June 14, 2024
A. All DNA sample typing results, all DNA
				  records and all DNA samples shall be securely stored in the State of Rhode
				  Island DNA database and DNA databank pursuant to R.I. Gen. Laws §
										12-1.5-10.
B. DNA records and samples are confidential
				  and shall not be disclosed except as governed by Rhode Island statute. All
				  files, computer, and sample storage systems maintained by the Department
				  pursuant to the Act shall be secured. Access shall be limited to employees of
				  the Department and technical or repair personnel as required to maintain the
				  system as authorized by the Department. All database searches shall be
				  performed via secured communications systems.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.6 - State of Rhode Island DNA Databank

Current through June 14, 2024
A. In
				  accordance with the requirements of the Act, a State of Rhode Island DNA
				  databank is established pursuant to this Part. It shall serve as the repository
				  of DNA samples collected under the Act and shall be administered by the
				  Department. Requirements for DNA sampling are pursuant to R.I. Gen. Laws §
										12-1.5-8.
B. DNA samples collected under the
				  provisions of this Part shall be processed in accordance with Standard
				  Operating Procedures, Rhode Island Department of Health, Division of
				  Laboratories, January 2017 (and any subsequent amendments thereto), which is
				  based on "Quality Assurance Standards for Forensic DNA Testing Laboratories"
				  incorporated above at §
										2.2(A)   of
				  this Part.
C. The Department shall
				  be responsible for the collection of DNA samples from convicted offenders, and
				  law enforcement personnel shall be responsible for the collection of DNA
				  samples from arrested individuals.
D. DNA samples shall be obtained using a
				  sample collection kit designed and/or recommended by the Department.
E. Thumbprint, signature and/or other
				  personal identifiers shall document the identity of the offender.
F. If the sample is unsuitable for laboratory
				  testing, the Department may authorize collection of a second
				  specimen.
G. The collection kit
				  shall be sealed and hand-delivered or sent by mail to the Laboratory.
H. Upon submission of the sample collection
				  kit to the Department, designated personnel shall record the date and time of
				  receipt. The kit shall receive a unique identifying number that does not
				  include any personal identification information.
I. The sample shall be secured in the
				  appropriate storage area until analysis is performed. The Laboratory shall
				  maintain an internal chain of custody to track the sample throughout its
				  storage and analysis.
J. The
				  genetic markers comprising the DNA profile shall consist of those adopted by
				  the DNA Advisory Board of the Federal Bureau of Investigation.
K. Protection from civil or criminal
				  liability for withdrawal of DNA samples is pursuant to R.I. Gen. Laws §
										12-1.5-9.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.7 - State of Rhode Island DNA Database

Current through June 14, 2024
A. In
				  accordance with the requirements of the Act, a State of Rhode Island DNA
				  database is established pursuant to this Part. It shall be administered by the
				  Department and provide DNA records for the FBI for storage and maintenance by
				  CODIS. The State of Rhode Island DNA database's capabilities and requirements
				  are stated in R.I. Gen. Laws §§
										12-1.5-4 and
				   12-1.5-11.
B. Procedures for using the national DNA
				  database shall be in accordance with "NDIS Operational Procedures Manual"
				  incorporated above at §
										2.2(B)   of
				  this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.8 - Confidentiality of Records

Current through June 14, 2024
Confidentiality of records is pursuant to R.I. Gen. Laws
					 §
										12-1.5-16.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.9 - Prohibition and Disclosure

Current through June 14, 2024
Prohibition and disclosure is pursuant to R.I. Gen. Laws
					 §
										12-1.5-14.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.10 - Expungement

Current through June 14, 2024
Expungement is pursuant to R.I. Gen. Laws §
										12-1.5-13.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 2 - Rhode Island DNA Database && Databank (216-RICR-60-05-2) › Section 216-RICR-60-05-2.11 - Violations and Penalties

Current through June 14, 2024
Violations and penalties are pursuant to R.I. Gen. Laws
					 §
										12-1.5-15.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 3 - Collection of Bodily Substances for Criminal Identification Purposes (216-RICR-60-05-3) › Section 216-RICR-60-05-3.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §
										12-5-2(5),
					 and are established for the purpose of adopting prevailing standards for the
					 collection and submission of blood, saliva, hair, bodily tissues, bodily
					 fluids, or dental impressions from the body of a person that may yield evidence
					 of the identity of the perpetrator of a crime when subjected to scientific or
					 other forensic analysis.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 3 - Collection of Bodily Substances for Criminal Identification Purposes (216-RICR-60-05-3) › Section 216-RICR-60-05-3.2 - Definitions

Current through June 14, 2024
A. Wherever used in these regulations, the
				  following terms shall be construed as follows:
1. "Act" means R.I. Gen. Laws Chapter 12-5
				  entitled, "Search Warrants."
2.
				  "Bodily fluids" means fluids that have human origin and commonly include blood,
				  saliva, and urine.
3. "Bodily
				  tissues" means a group or collection of similar cells and their intercellular
				  substance that act together in the performance of a function in a human
				  body.
4. "Buccal swab" means a
				  sample of tissue cells taken from the inner lining of the cheek or
				  mouth.
5. "Dentist" means an
				  individual licensed to practice dentistry in this state under the provisions of
				  R.I. Gen. Laws Chapter 5-31.1, or an individual licensed to practice dentistry
				  under the laws of another state or territory of the United States, or another
				  country.
6. "Department" means the
				  Rhode Island Department of Health.
7. "Interocclusal relationship" means the
				  correlation between the occlusal surfaces or cusps of opposing teeth of the
				  maxillary and mandibular arches.
8.
				  "Qualified medical personnel" means a licensed physician, a physician
				  assistant, a registered or practical nurse, or a phlebotomist, trained to
				  properly collect blood samples in accordance with the prevailing standard of
				  practice.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 3 - Collection of Bodily Substances for Criminal Identification Purposes (216-RICR-60-05-3) › Section 216-RICR-60-05-3.3 - General Requirements

Current through June 14, 2024
3.3.1
Scope
				  of Application
A. These regulations
				  apply to the seizure of any of the following: samples of blood, saliva, hair,
				  bodily tissues, bodily fluids, or dental impressions from the body of a person
				  that may yield evidence of the identity of the perpetrator of a crime when
				  subjected to scientific or other forensic analysis. When any of the samples are
				  seized, the seizure shall be conducted in accordance with this Part.
B. By adopting this Part, the Department does
				  not intend to determine under what circumstances a search warrant is required,
				  or should be issued, pursuant to R.I. Gen. Laws §
											12-5-2.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 3 - Collection of Bodily Substances for Criminal Identification Purposes (216-RICR-60-05-3) › Section 216-RICR-60-05-3.4 - Procedures Related to the Collection and Packaging of Bodily Tissues and Substances

Current through June 14, 2024
3.4.1
Blood
A. The blood specimen(s)
				  taken for analysis shall be collected by qualified medical personnel.
B. The blood specimen(s) shall be collected
				  in a sterile laboratory tube or such other container to avoid contamination,
				  preferably with ethylenediaminetetraacetic acid (EDTA) as a
				  preservative.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 4 - Clinical Laboratories and Stations (216-RICR-60-05-4) › Section 216-RICR-60-05-4.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §
										23-16.2-5,
					 and are established for the purpose of adopting minimum standards for licensure
					 of clinical laboratories and for the protection of the health, safety and
					 welfare of the public.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 4 - Clinical Laboratories and Stations (216-RICR-60-05-4) › Section 216-RICR-60-05-4.2 - Definitions

Current through June 14, 2024
A. Wherever used in this Part the following
				  terms shall be construed to mean:
1. "Act"
				  means R.I. Gen. Laws Chapter 23-16.2, entitled, "Laboratories."
2. "Authorized medical personnel" means
				  licensed health professionals working under the auspices of a physician or
				  other licensed health care professional acting within his/her scope of
				  practice.
3. "Clinical laboratory"
				  means a facility for the biological, microbiological, serological, chemical,
				  immunohematological, hematological, radiobioassay, cytological, pathological,
				  or other examination of materials derived from the human body for the purpose
				  of providing information for the diagnosis, prevention, or treatment of any
				  disease or impairment of, or the assessment of the health of human beings,
				  pursuant to R.I. Gen. Laws §
											23-16.2-2(2) 
				  of the Act.
4. "Director" means the
				  Director of the Rhode Island Department of Health.
5. "Licensing agency" means the Rhode Island
				  Department of Health.
6. "Limited
				  function test" means those tests listed in the Federal Register under the
				  Clinical Laboratory Improvement Amendments of 1988 (CLIA) as waived
				  tests.
7. "Persons" means any
				  individual, firm, partnership, corporation, company, association, or joint
				  stock association.
8. "Reference
				  laboratory" means a Rhode Island-licensed laboratory to which another Rhode
				  Island laboratory has referred patient samples for testing.
9. "Specialty" means a group of laboratory
				  tests recognized by the U.S. Department of Health and Human Services.
10. "Station" means a facility for the
				  collection, processing, and transmission of such materials for such purposes
				  pursuant to R.I. Gen. Laws §
											23-16.2-2(5) 
				  of the Act.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 4 - Clinical Laboratories and Stations (216-RICR-60-05-4) › Section 216-RICR-60-05-4.3 - General Requirements

Current through June 14, 2024
A. It shall be
				  unlawful for any person, corporation or other form of business entity to
				  perform clinical laboratory services on specimens collected in this state or to
				  own, conduct or maintain a clinical laboratory or station in this state without
				  a license pursuant to the requirements of the Act, and this Part, unless exempt
				  in accordance with R.I. Gen. Laws §
										23-16.2-3 as follows:
1. A laboratory maintained by a
				  hospital licensed under R.I. Gen. Laws Chapter 23-17, or by food preparation or
				  processing establishments performing analysis to determine the quality of their
				  own products, or by a licensed physician or group of licensed physicians who
				  make the tests referred to in R.I. Gen. Laws §
											23-16.2-2 personally and solely in connection with the treatment of their own patients;
				  however, an independent laboratory which makes the tests on its own
				  responsibility for a single physician or group of physicians is subject to the
				  Act; and
2. Any temporary or ad hoc
				  health promotion screening program conducted for the general public which
				  offers generally accepted mass screening procedures; provided the health
				  promotion or screening program is conducted pursuant to a permit issued in
				  accordance with rules and regulations pertaining to Permits for Screening
				  Programs (Part
				  20-10-1
				  of this Title).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 4 - Clinical Laboratories and Stations (216-RICR-60-05-4) › Section 216-RICR-60-05-4.4 - Application for License

Current through June 14, 2024
A. Application for
				  a license to establish, conduct, maintain, or operate a clinical laboratory or
				  a station shall be made to the licensing agency on forms provided by the
				  licensing agency for initial licensure and for license renewal.
1. Each application for license and renewal
				  thereof shall contain such information as the licensing agency reasonably
				  requires that includes affirmative evidence of ability to comply with the
				  provisions of the Act and this Part.
2. Each application for licensure or renewal
				  thereof as a station, shall be accompanied by the fee as set forth in the Fee
				  Structure for Licensing, Laboratory and Administrative Services Provided by the
				  Department of Health (Part 10-05-2 of this Title).
3. Each application for license or renewal
				  thereof as a clinical laboratory shall be accompanied by the fee as set forth
				  in the Fee Structure for Licensing, Laboratory and Administrative Services
				  Provided by the Department of Health (Part 10-05-2 of this Title) for each
				  specialty in which the laboratory seeks licensure. The check shall be made
				  payable to the General Treasurer, State of Rhode Island and submitted to the
				  Department of Health.
4.
				  Application for license renewal shall be submitted to the licensing agency one
				  month prior to the expiration date of the license.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 4 - Clinical Laboratories and Stations (216-RICR-60-05-4) › Section 216-RICR-60-05-4.5 - Issuance and Renewal of License

Current through June 14, 2024
A. No less than
				  thirty (30) days after receipt of an application for an initial license, the
				  licensing agency shall issue a license, if the applicant meets the requirements
				  of the Act and this Part. Said license, unless sooner suspended or revoked,
				  shall expire on the 30th day of December of every other the year following the
				  date of license.
B. A license shall
				  be issued only for the premises and persons named in the application and shall
				  not be transferable.
C. The license
				  issued to a clinical laboratory shall clearly identify the specialty(ies) the
				  laboratory is licensed to provide. Such specialties shall include, but not be
				  limited to, the following:
1. Microbiology,
				  including bacteriology, virology, mycology and parasitology;
2. Immunohematology, including blood group
				  and Rh typing and crossmatching;
3.
				  Diagnostic immunology, including syphilis serology and general
				  immunology;
4. Pathology, including
				  tissue, oral and cytology;
5.
				  Hematology, including coagulation;
6. Clinical chemistry, including urinalysis,
				  endocrinology, and toxicology;
7.
				  Radiobioassay techniques; and
8.
				  Other specialties and subspecialties as recognized by the U.S. Department of
				  Health and Human Services.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 4 - Clinical Laboratories and Stations (216-RICR-60-05-4) › Section 216-RICR-60-05-4.6 - Inspections

Current through June 14, 2024
A. The licensing agency shall make, or cause
				  to be made, such inspections and investigations as it deems necessary in
				  accordance with R.I. Gen. Laws §
										23-16.2-9.
B. Each clinical laboratory and station shall
				  be given prompt notice by the licensing agency of all deficiencies recorded as
				  a result of an inspection or investigation.