reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 9 - Licensing of Freestanding Emergency Care Facilities (216-RICR-40-10-9) › Section 216-RICR-40-10-9.8 - Practices and Procedures, Confidentiality and Severability

Current through June 14, 2024
9.8.1
Variance Procedure
A. The licensing agency may grant a variance
				  either upon its own motion or upon request of the applicant from the provisions
				  of any rules and regulation herein, if it finds in specific cases, that a
				  literal enforcement of such provision will result in unnecessary hardship to
				  the applicant and that such a variance will not be contrary to the public
				  interest, public health and/or health and safety of patients.
B. A request for a variance shall be filed by
				  an applicant in writing, setting forth in detail the basis upon which the
				  request is made.
1. Upon filing of each
				  request for variance with the licensing agency and within thirty (30) days
				  thereafter, the licensing agency shall notify the applicant by certified mail
				  of its approval or in the case of a denial, a hearing date, time and place may
				  be scheduled if the facility appeals the denial. Such hearing must be held in
				  accordance with the provisions of §9.8.2 of this
				  Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.1 - Authority

Current through June 14, 2024
A. These regulations are promulgated pursuant
				  to the authority conferred under R.I. Gen. Laws §§
										23-17.7.1-3,
				   23-17.7.1-10, and  23-17.7.1-19, and are established for the purpose of adopting
				  prevailing standards for the licensing of nursing service agencies in this
				  state.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.2 - Definitions

Current through June 14, 2024
A. Wherever used in these rules and
				  regulations the following terms shall be construed as follows:
1. "Accreditation agency" means an entity,
				  approved by the Director, that grants accreditation to nursing service
				  agencies.
2. "Act" means R.I. Gen.
				  Laws Chapter 23-17.7.1 entitled, "Licensing of Nursing Service
				  Agencies."
3. "Branch office" means
				  a location from which a licensed nursing service agency provides services
				  within a portion of the total geographic area served by the licensed central
				  office.
4. "Client" means the
				  facility or agency to which the registered nurse, licensed practical nurse, or
				  nursing assistant is assigned on a temporary basis.
5. "Director" means the Director of the Rhode
				  Island Department of Health.
6.
				  "Employees" means those individuals (registered nurses, licensed practical
				  nurses, or nursing assistants) which a nursing service agency supplies on a
				  temporary basis.
7. "Employers"
				  means nursing service agencies as defined herein.
8. "Licensing agency" means the Rhode Island
				  Department of Health.
9. "Nursing
				  assistant" means as defined in R.I. Gen. Laws §
											23-17.7.1-2(c).
10. "Nursing service agency" means as defined
				  in R.I. Gen. Laws §
											23-17.7.1-2(d)  and also means temporary nursing
				  service agency.
11. "Person" means
				  any individual, trust or estate, partnership, corporation (including
				  association, joint stock companies) state or political subdivision or
				  instrumentality of a state.
12.
				  "Service record" means as defined in R.I. Gen. Laws §
											23-17.7.1-2(e).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.3 - General Requirements for Licensing

Current through June 14, 2024
A. No person shall
				  establish, conduct or maintain a nursing service agency in this state without a
				  license in accordance with R.I. Gen. Laws Chapter 23-17.7.1 and this Part. In
				  addition to the requirements of R.I. Gen. Laws Chapter 23-17.7.1:
1. Unless otherwise exempt, no agency shall
				  hold itself or represent itself as a nursing service agency or use the term
				  "nursing service agency" or other similar term in its advertising, publicity or
				  any other form of communication, unless licensed with the Department of Health
				  as a nursing service agency in accordance with the provisions of this
				  Part.
2. A nursing service agency
				  shall maintain a licensed central office within the geographical boundaries of
				  the state.
3. Within twenty-four
				  (24) months of initial licensure, the nursing service agency shall attain
				  appropriate certification from an accreditation agency, as defined in §
											10.2(A)(1)   of this Part.
a. Each nursing
				  service agency, having obtained accreditation pursuant to §
												10.3(A)(3)   of
				  this Part, shall maintain such certification as a condition of
				  licensure.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.4 - Application for Licensing and Fee

Current through June 14, 2024
A. Application for
				  a license to conduct, maintain or operate a nursing service agency shall be
				  made pursuant to R.I. Gen. Laws §
										23-17.7.1-5. In addition to the
				  requirements of R.I. Gen. Laws §
										23-17.7.1-5:
1. A license shall be required for each
				  central office of a nursing service agency operation. Each branch shall be
				  subject to the requirements of this Part, with the exception of the licensing
				  fee.
2. Each nursing service agency
				  that maintains a branch office shall indicate on the application the location
				  of the central office as well as the location(s) of the branch
				  office(s).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.5 - Issuance and Renewal of License

Current through June 14, 2024
A. The licensing
				  agency shall issue a license to the applicant(s) that meets the requirements of
				  R.I. Gen. Laws Chapter 23-17.7.1 and this Part.
B. The license issued, unless sooner
				  suspended or revoked, shall expire on the thirty-first (31st) day of December
				  following its issuance and may be renewed from year to year in accordance with
				  R.I. Gen. Laws §
										23-17.7.1-7. The licensing fee is set forth in R.I. Gen.
				  Laws §
										23-17.7.1-3(c).
C. A
				  license shall not be transferable or assignable except with the prior written
				  approval of the licensing agency.
D. Upon receipt of an application for a
				  license, the licensing agency shall issue a license in accordance with R.I.
				  Gen. Laws §
										23-17.7.1-6. In addition to the requirements of R.I. Gen. Laws
				  §
										23-17.7.1-6, a license issued under this Part shall be the property of
				  the state and loaned to such registrant and it shall be kept posted in a
				  conspicuous place on the premises.
E. The location of the agency and the
				  location where required in-service training is conducted shall conform to all
				  local and state building codes, and laws.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.6 - Change of Ownership, Operation and/or Location

Current through June 14, 2024
A.
				  When a change of ownership or location, any interruption in delivery of nursing
				  service agency services of three (3) consecutive months or longer duration, or
				  closure of the nursing service agency is contemplated, the licensing agency
				  shall be notified in writing.
1. Thirty (30)
				  days prior to voluntary cessation of service, the licensing agency shall be
				  notified and provided with a plan for orderly closure; notification to clients;
				  transfer, storage, or proper disposal of records; and notification to the
				  public.
2. Thirty (30) days prior
				  to a change in the location of a nursing service agency premises, the licensing
				  agency shall be notified in writing.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.7 - Inspections

Current through June 14, 2024
A. The licensing agency shall make or cause
				  to be made, any inspections and investigations in accordance with R.I. Gen.
				  Laws §
										23-17.7.1-10(a).
1. If an employee
				  of a staffing agency is directly connected to a quality of care or a
				  substandard quality of care deficiency in a facility, a subsequential
				  investigation by the licensing agency shall be conducted in accordance with
				  R.I. Gen. Laws §
											23-17.7.1-10.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.8 - Denial, Suspension, Revocation of Certificate of Licensing

Current through June 14, 2024
A. The licensing agency is authorized to
				  deny, suspend or revoke the license of any nursing service agency which has
				  failed to comply with the statutory provisions of the Act and with this
				  Part.
B. Whenever an action shall
				  be proposed to deny, suspend, or revoke a nursing service agency license, the
				  licensing agency shall notify the nursing service agency in accordance with the
				  provisions of R.I. Gen. Laws §
										23-17.7.1-8.
1. However, if the licensing agency finds
				  that public health, safety or welfare of clients requires emergency action and
				  incorporates a finding to that effect in its order, the licensing agency may
				  order summary suspension of licensing pending proceedings for revocation or
				  other action in accordance with R.I. Gen. Laws §§
											42-35-14(c)  and
				   23-1-21.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.9 - Operational Requirements/Organization and Management

Current through June 14, 2024
10.9.1
Governing Body
A. The staffing agency shall maintain
				  insurance coverage for workers' compensation in accordance with R.I. Gen. Laws
				  §
											23-17.7.1-10(e). In addition to the requirements of R.I. Gen. Laws
				  Chapter 23-17.7.1-10(e), each nursing service agency shall have an organized
				  governing body or equivalent legal authority ultimately responsible for:
1. The management and operation of the agency
				  including fiscal management;
2.
				  Assuring employees are appropriately credentialed, including a mechanism to
				  verify currency of licensure electronically via the licensing agency's
				  licensure database;
3. Appropriate
				  placement of qualified personnel (employees) and delineation of provisions for
				  supervision;
4. A mechanism to
				  resolve client complaints or other difficulties;
5. Acquiring and maintaining employee bonding
				  insurance (theft and damage) (a minimum amount of ten thousand dollars
				  ($10,000.00) per loss) and liability insurance (a minimum amount of five
				  hundred thousand dollars ($500,000.00) per occurrence); and
6. Assuring compliance with all applicable
				  state and federal statutory and regulatory provisions thereof, including the
				  rules and regulations of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.10 - Assistant/Services/Duties/Training Programs

Current through June 14, 2024
10.10.1
Services
A. Each nursing service
				  agency shall establish policies and procedures governing services, which shall
				  include policies pertaining to no less than the following:
1. Hours of service, availability of weekend
				  services and accessibility of services;
2. Provisions for crisis or emergency
				  services; and
3. Such other as may
				  be deemed necessary and appropriate.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 10 - Licensing Nursing Service Agencies › Section 216-RICR-40-10-10.11 - Violations and Sanctions, Practices and Procedures and Severability

Current through June 14, 2024
10.11.1
Variance Procedure
A. The licensing agency may grant a variance
				  either upon its own motion or upon request of the applicant from any of the
				  provisions of this Part, if it finds in specific cases, that a literal
				  enforcement of such provision will result in unnecessary hardship to the
				  applicant and that such a variance will not be contrary to the public interest,
				  public health, and/or health and safety of the public.
B. A request for a variance shall be filed by
				  an applicant in writing, setting forth in detail the basis upon which the
				  request is made.
1. Upon filing of each
				  request for a variance with the licensing agency and within a reasonable time
				  thereafter, the licensing agency shall notify the applicant by certified mail
				  of its approval or in the case of a denial, a hearing date, time and place may
				  be scheduled if the facility appeals the denial. Such hearing must be held in
				  accordance with the provisions of § 10.11.4 of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 11 - Licensing Hospice Care › Section 216-RICR-40-10-11.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §§
										23-17-2(7)  and
					  23-17-10(a)(1),
					 and are established for the purpose of adopting minimum standards for licensed
					 hospice care in this state.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 11 - Licensing Hospice Care › Section 216-RICR-40-10-11.4 - Licensure Procedures

Current through June 14, 2024
11.4.1
General Requirements for Licensure
A. No person acting alone or jointly with any
				  other person, shall establish, conduct, or maintain a hospice program in this
				  state without a license in accordance with the requirements of R.I. Gen. Laws
				  §
											23-17-4 and in accordance with the
				  rules and regulations of this Part.
1.
				  However, pursuant to R.I. Gen. Laws §
												23-17-2(7), any
				  provider of hospice care who provides hospice care without charge shall be
				  exempt from the licensing provisions above, but shall meet applicable standards
				  of the National Hospice and Palliative Care Organization.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 11 - Licensing Hospice Care › Section 216-RICR-40-10-11.5 - Organization and Management

Current through June 14, 2024
11.5.1
Governing Body
A. There shall be
				  an organized governing body or equivalent legal authority ultimately
				  responsible for:
1. The management, fiscal
				  affairs, and operation of the hospice program;
2. The assurance of quality care and
				  services; and
3. The compliance
				  with all federal, state and local laws and regulations pertaining to a hospice
				  program and the rules and regulations of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 11 - Licensing Hospice Care › Section 216-RICR-40-10-11.6 - General Requirements for Inpatient Hospice Settings

Current through June 14, 2024
11.6.1
Hospice Inpatient
				  Facilities
A. A licensed hospital, a
				  licensed nursing facility, or a hospice inpatient facility with whom a hospice
				  program enters into a written agreement for the provision of inpatient care
				  (general inpatient, or respite care, as described above) for hospice patients
				  shall be required to meet the following provisions pertaining to:
1. Staffing (see also
				  §§11.5.9(I)(1) and 11.5.9(J)(1) of this Part); and
2. Patient areas pursuant to §11.6.1(B)
				  of this Part.
3. Additionally, said
				  facilities providing general inpatient care or inpatient respite care shall be
				  required to meet the provisions of §§11.6.2 through 11.7.15(A) of
				  this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 11 - Licensing Hospice Care › Section 216-RICR-40-10-11.7 - Physical Plant

Current through June 14, 2024
11.7.1
New
				  Construction, Addition or Modification
A. All new construction, alterations,
				  extensions or modifications of an existing facility, as defined in rules and
				  regulations pursuant to R.I. Gen. Laws Chapter
				  23-15, shall be subject to the
				  following provisions:
1. R.I. Gen. Laws
				  Chapter 23-15 (Certificate of
				  Need);
2. R.I. Gen. Laws Chapter
				  23-1 (Department of
				  Health);
3. Rhode Island Food Code
				  (Part 50-10-1 of this Title);
4. Guidelines for Design and Construction of
				  Hospital and Health Care Facilities incorporated above at §
												11.2(A)   of
				  this Part;
5. R.I. Gen. Laws
				  Chapter 23-28.1 (State Fire
				  Code);
6. Rhode Island Department
				  of Environmental Management Rules and Regulations Establishing Minimum
				  Standards Relating to Location, Design, Construction and Maintenance of
				  Individual Sewage Disposal Systems (Sewage regulations);
7. The American National Standard -
				  Specifications for Making Buildings and Facilities Accessible to and Usable by,
				  the Physically Handicapped incorporated above at §
												11.2(E)   of
				  this Part;
8. R.I. Gen. Laws
				  Chapter 23-27.3 (State Building Code);
				  and
9. The Americans with
				  Disabilities Act incorporated above at §
												11.2(F)   of
				  this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 11 - Licensing Hospice Care › Section 216-RICR-40-10-11.8 - Practices and Procedures, Confidentiality, and Severability

Current through June 14, 2024
11.8.1
Variance Procedure
A. The licensing agency may grant a variance
				  either upon its own motion or upon request of the applicant from the provisions
				  of any rule or regulation in a specific case if it finds that a literal
				  enforcement of such provision will result in unnecessary hardship to the
				  applicant and that such variance will not be contrary to the public
				  interest.
B. A request for a
				  variance shall be filed by an applicant in writing setting forth in detail the
				  basis upon which the request is made.
1. Upon
				  the filing of each request for variance with the licensing agency and within a
				  reasonable time thereafter, the licensing agency shall notify the applicant by
				  certified mail of its approval or in the case of a denial, a hearing date,
				  time, and place may be scheduled if the hospice program appeals the
				  denial.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 12 - Rules and Regulations for the Licensing of Kidney Disease Treatment Centers › Section 216-RICR-40-10-12.1 - Authority

Current through June 14, 2024
These amended Rules and Regulations for Licensing of Kidney
					 Disease Treatment Centers are promulgated under the authority conferred under
					 R.I. Gen. Laws §
										23-17-10, and are established for
					 the purpose of adopting minimum standards for licensed kidney disease treatment
					 centers in this state.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 12 - Rules and Regulations for the Licensing of Kidney Disease Treatment Centers › Section 216-RICR-40-10-12.3 - Licensing Procedures

Current through June 14, 2024
12.3.1
General Requirements for Licensure
No person acting severally or jointly with any other
					 person, shall establish, conduct or maintain a kidney disease treatment center
					 in this state without a license in accordance with the requirements of R.I.
					 Gen. Laws §
											23-17-4.
12.3.2
Application for License or for
				  Changes in the Owner, Operator, or Lessee
A. Application for a license to conduct,
				  maintain or operate a kidney disease treatment center shall be made to the
				  licensing agency upon forms provided by it one month prior to the expiration
				  date of the license and shall contain such information as the licensing agency
				  reasonably requires which may include affirmative evidence of ability to comply
				  with the provisions of R.I. Gen. Laws §
											23-17-4 and the rules and
				  regulations herein.
1. Each application shall
				  be accompanied by an application fee as set forth in the Rules and Regulations
				  Pertaining to the Fee Structure for Licensing, Laboratory and Administrative
				  Services Provided by the Department of Health.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 12 - Rules and Regulations for the Licensing of Kidney Disease Treatment Centers › Section 216-RICR-40-10-12.4 - Organization and management

Current through June 14, 2024
12.4.1
Governing Body and Management
A.
				  Each facility shall have an organized governing body or other legal authority,
				  responsible for:
1. the management and control
				  of the operation;
2. the assurance
				  of quality of care and services;
3.
				  the conformity of the facility with all federal, state and local laws and
				  regulations relating to fire, safety, sanitation, infection control;
				  and
4. other relevant health and
				  safety requirements and with all the rules and regulations herein.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 12 - Rules and Regulations for the Licensing of Kidney Disease Treatment Centers › Section 216-RICR-40-10-12.5 - Patient care services

Current through June 14, 2024
12.5.1
Patient Care Management
A. Each
				  patient shall be under the continuing supervision of a physician and provisions
				  shall be made by the facility to assure the availability of medical care at all
				  times to patients whether on chronic maintenance dialysis, self-care or home
				  dialysis programs.
B. A mechanism
				  shall be established for the development and periodic review and revision of
				  patient care policies and procedures by a professional group including no less
				  than the medical director of the facility, the nursing director and
				  representatives of the Technical Advisory Group.
C. Patient care policies and procedures shall
				  be established for each specific program carried by the facility, (chronic
				  maintenance dialysis, self-care dialysis or home dialysis) and shall pertain to
				  no less than the following:
1. Scope of
				  services provided either directly or per contractual arrangement;
2. Criteria for admission, transfer or
				  discharge from or to chronic maintenance, self-care or home dialysis, or to
				  acute dialysis;
3. Availability and
				  accessibility of services in medical or other emergency;
4. Medical supervision and physician
				  services;
5. Patient care plans and
				  methods of implementation;
6.
				  Pharmaceutical, dietary and social services;
7. Availability of services for working
				  patients;
8. Evaluation of patient
				  care services by the technical advisory committee;
9. Transfer of patient to affiliate hospital;
				  and
10. The self-care and home
				  dialysis programs.
D.
				  There shall be posted at each nursing station a roster with the names and
				  telephone number(s) of physicians to be called in an emergency.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 12 - Rules and Regulations for the Licensing of Kidney Disease Treatment Centers › Section 216-RICR-40-10-12.6 - Environmental Maintenance

Current through June 14, 2024
12.6.1
Environment
A. The facility shall
				  be maintained and equipped to provide a functional sanitary, safe and
				  comfortable environment with an adequate amount of well lighted space for the
				  services provided.
B. The areas
				  used by patients shall be maintained in good repair and kept free of
				  hazards.
C. Equipment and supplies
				  shall be provided for cleaning of all surfaces. Such equipment shall be
				  maintained in a safe, sanitary condition.
D. Hazardous cleaning solutions, compounds,
				  and substances shall be labeled, stored in a safe place and kept in an enclosed
				  section separate from other cleaning materials.
E. Cleaning shall be performed in a manner
				  which will minimize the spread of pathogenic organisms in the
				  atmosphere.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 12 - Rules and Regulations for the Licensing of Kidney Disease Treatment Centers › Section 216-RICR-40-10-12.7 - Physical Plant and Equipment

Current through June 14, 2024
12.7.1
General Maintenance Provisions
A.
				  A qualified technically trained and competent person shall be designated to
				  oversee the general maintenance and functional operation of all the mechanical
				  equipment relative to dialysis treatment in a safe and properly functioning
				  order.
B. Each facility utilizing a
				  central-batch delivery system shall provide either on the premises or through
				  contractual arrangement with a supplier, sufficient individual delivery systems
				  for the treatment of any patient requiring special dialysis
				  solutions.
C. Records of
				  calibration and testing of equipment shall be maintained for at least three (3)
				  years.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 12 - Rules and Regulations for the Licensing of Kidney Disease Treatment Centers › Section 216-RICR-40-10-12.8 - Exception and Severability

Current through June 14, 2024
12.8.1
Exception
Modification of any individual standards herein, for
					 experimental or demonstration purposes, or any other purpose, shall require
					 advance written approval from the licensing agency.
12.8.2
Severability
If any provision of these regulations or the application
					 thereof to any facility or circumstances shall be held invalid, such invalidity
					 shall not affect the provisions or application of the regulations which can be
					 given effect, and to this end the provisions of the regulations are declared to
					 be severable.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 13 - Licensure of Physician Ambulatory Surgery Centers and Podiatry Ambulatory Surgery Centers (216-RICR-40-10-13) › Section 216-RICR-40-10-13.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §
										23-17-10,
					 and are established for the purpose of adopting minimal standards for the
					 licensure of physician ambulatory surgery centers and podiatry ambulatory
					 surgery centers in this state.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 13 - Licensure of Physician Ambulatory Surgery Centers and Podiatry Ambulatory Surgery Centers (216-RICR-40-10-13) › Section 216-RICR-40-10-13.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate American National Standards Institute,
				  Inc.'s "Specifications for Making Buildings and Facilities Accessible to and
				  Usable by, The Physically Handicapped" (1980) 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 American Society of Anesthesiologists' "The ASA Physical Status
				  Classification System" (1999) 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.
C. These regulations hereby adopt and
				  incorporate the American Society of Anesthesiologists' "Basic Standards for
				  Preanesthesia Care, Standards for Basic Anesthetic Monitoring, and Standards
				  for Postanesthesia Care" (2015) 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.
D. These regulations hereby adopt and
				  incorporate the American Society of Anesthesiologists' "Guidelines for
				  Office-Based Anesthesia," (2014) 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.
E. These regulations hereby adopt and
				  incorporate the American Institute of Architects Academy of Architecture for
				  Health's "Guidelines for Design and Construction of Hospital and Health Care
				  Facilities" (2001), 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 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 13 - Licensure of Physician Ambulatory Surgery Centers and Podiatry Ambulatory Surgery Centers (216-RICR-40-10-13) › Section 216-RICR-40-10-13.4 - Licensure Procedures

Current through June 14, 2024
13.4.1
General Requirements for Licensure
A. No person acting severally or jointly with
				  any other person, shall establish, conduct or maintain a physician ambulatory
				  surgery center in this state without a license in accordance with the
				  requirements of R.I. Gen. Laws §
											23-17-4.
				  Physician ambulatory surgery center licensure shall not be required for the
				  performance of exempt procedures as defined herein.
B. On or after January 6, 2003, no person
				  acting severally or jointly with any other person, shall establish, conduct or
				  maintain a podiatry ambulatory surgery center in this state without a license
				  in accordance with the requirements of R.I. Gen. Laws §
											23-17-4.
				  Podiatry ambulatory surgery center licensure shall not be required for the
				  performance of exempt procedures as defined herein.
C. Exemption from the requirements of
				  certificate of need for a single-practice physician or podiatry ambulatory
				  surgery center is pursuant to R.I. Gen. Laws §
											23-15-2(4)(i).
D. Initial licensure and/or changes in owner,
				  operator or lessee of a physician ambulatory surgery center or podiatry
				  ambulatory surgery center are subject to approval of the licensing
				  agency.
E. Surgery provided within
				  the physician ambulatory surgery center/ podiatry ambulatory surgery center
				  shall be provided solely by physicians or podiatrists, respectively, who are or
				  who comprise, or are employees of, the person to whom the license is
				  issued.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 13 - Licensure of Physician Ambulatory Surgery Centers and Podiatry Ambulatory Surgery Centers (216-RICR-40-10-13) › Section 216-RICR-40-10-13.5 - Organization and Management

Current through June 14, 2024
13.5.1
Control and Management
A. Each
				  physician ambulatory surgery center/ podiatry ambulatory surgery center shall
				  be responsible for:
1. The management and
				  control of the operation;
2. The
				  assurance of the quality of care and services;
3. The conformity of the physician ambulatory
				  surgery center/ podiatry ambulatory surgery center with all federal, state and
				  local laws and regulations relating to fire, safety, sanitation, infection
				  control; and
4. Other relevant
				  health and safety requirements and with all the rules and regulations
				  herein.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 13 - Licensure of Physician Ambulatory Surgery Centers and Podiatry Ambulatory Surgery Centers (216-RICR-40-10-13) › Section 216-RICR-40-10-13.6 - Patient Care Services

Current through June 14, 2024
13.6.1
Rights
				  of Patients
A. Each physician
				  ambulatory surgery center/ podiatry ambulatory surgery center shall observe the
				  standards enumerated in R.I. Gen. Laws §
											23-17-19.1 with respect to each patient admitted to its physician ambulatory surgery
				  center/ podiatry ambulatory surgery center.
B. Each physician ambulatory surgery center/
				  podiatry ambulatory surgery center shall display in a conspicuous place in the
				  licensed physician ambulatory surgery center/ podiatry ambulatory surgery
				  center a copy of the "Rights of Patients."
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 13 - Licensure of Physician Ambulatory Surgery Centers and Podiatry Ambulatory Surgery Centers (216-RICR-40-10-13) › Section 216-RICR-40-10-13.7 - Environmental Maintenance

Current through June 14, 2024
13.7.1
Environment
A. The physician
				  ambulatory surgery center/ podiatry ambulatory surgery center shall be
				  maintained and equipped to provide a functional sanitary, safe and comfortable
				  environment, with all furnishings in good repair. The premises shall be kept
				  free of hazards.
B. Written
				  policies and procedures shall be established pertaining to environmental
				  controls to assure comfortable, safe and sanitary environment with well-lighted
				  space for the services provided.
C.
				  Equipment and supplies shall be provided for cleaning of all surfaces. Such
				  equipment shall be maintained in a safe, sanitary condition.
D. Hazardous cleaning solutions, compounds
				  and substances shall be labeled, stored in a safe place and kept in an enclosed
				  section separate from other cleaning materials.
E. Cleaning shall be performed in a manner
				  that minimizes the spread of pathogenic organisms in the atmosphere.
F. Operating/procedure rooms shall be
				  thoroughly cleaned after each operation.
G. Smoking shall not be permitted.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 13 - Licensure of Physician Ambulatory Surgery Centers and Podiatry Ambulatory Surgery Centers (216-RICR-40-10-13) › Section 216-RICR-40-10-13.8 - Physical Plant and Equipment

Current through June 14, 2024
13.8.1
New
				  Construction
A. All new construction
				  shall be subject to the provisions of R.I Gen. Laws Chapters 23-28.1 and
				  23-27.3, and §
											13.2(A)   of
				  this Part above.
B. In addition,
				  any other applicable state and local laws, codes and regulations shall apply.
				  Where there is a difference between codes, the code having the more stringent
				  standard shall apply.
C. All plans
				  for new construction or the renovation, alteration, extension, modification or
				  conversion of an existing facility that may affect compliance with §13.8.2
				  of this Part shall be reviewed by a licensed architect, acceptable to the
				  Director. Said architect shall certify that the plans conform to the
				  construction requirements of §13.8.2 of this Part, prior to construction.
				  The facility shall maintain a copy of the plans reviewed and the architect's
				  signed certification, for review by the Department of Health upon request.
1. In the event of non-conformance for which
				  the facility seeks a variance, the general procedures outlined in §13.9.2
				  of this Part shall be followed. Variance requests shall include a written
				  description of the entire project, details of the non-conformance for which the
				  variance is sought and alternate provisions made, as well as detailing the
				  basis upon which the request is made. The Department may request additional
				  information while evaluating variance requests.
2. If variances are granted, a licensed
				  architect shall certify that the plans conform to all construction requirements
				  of §13.8.2 of this Part, except those for which variances were granted,
				  prior to construction. The facility shall maintain a copy of the plans
				  reviewed, the variance(s) granted and the architect's signed certification, for
				  review by the Department upon request.
D. Upon completion of construction, the
				  facility shall provide written notification to the Department describing the
				  project, and a copy of the architect's certification. The facility shall obtain
				  authorization from the Department prior to occupying/re-occupying the area. At
				  the discretion of the Department, an on-site visit may be required.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 13 - Licensure of Physician Ambulatory Surgery Centers and Podiatry Ambulatory Surgery Centers (216-RICR-40-10-13) › Section 216-RICR-40-10-13.9 - Deficiencies, Variance, and Severability

Current through June 14, 2024
13.9.1
Deficiencies and Plans of Correction
A. The licensing agency shall notify the
				  physician ambulatory surgery center/ podiatry ambulatory surgery center of
				  violations of individual standards through a notice of deficiencies which shall
				  be forwarded to the physician ambulatory surgery center/ podiatry ambulatory
				  surgery center within fifteen (15) days of inspection of the physician
				  ambulatory surgery center/ podiatry ambulatory surgery center unless the
				  Director determines that immediate action is necessary to protect the health,
				  welfare, or safety of the public or any member thereof through the issuance of
				  an immediate compliance order in accordance with R.I. Gen. Laws §
											23-1-21.
B. A physician ambulatory surgery center/
				  podiatry ambulatory surgery center that received a notice of deficiencies must
				  submit a plan of correction to the licensing agency within fifteen (15) days of
				  the date of the notice of deficiencies. The plan of correction shall detail any
				  requests for variances as well as document the reasons therefor.
C. The licensing agency will be required to
				  approve or reject the plan of correction submitted by a physician ambulatory
				  surgery center/ podiatry ambulatory surgery center within fifteen (15) days of
				  receipt of the plan of correction.
D. If the licensing agency rejects the plan
				  of correction, or if the physician ambulatory surgery center/ podiatry
				  ambulatory surgery center does not provide a plan of correction or if a
				  physician ambulatory surgery center/ podiatry ambulatory surgery center whose
				  plan of correction has been approved by the licensing agency fails to execute
				  its plan within a reasonable time, the licensing agency may invoke the
				  sanctions enumerated in §
											13.9   of this Part. If the
				  physician ambulatory surgery center/ podiatry ambulatory surgery center is
				  aggrieved by the action of the licensing agency, the physician ambulatory
				  surgery center/ podiatry ambulatory surgery center may appeal the decision and
				  request a hearing in accordance with R.I. Gen. Laws Chapter
				  42-35.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 14 - Registration of Body Piercing Technicians and Body Piercing Establishments (216-RICR-50-10-3) › Section 216-RICR-40-10-14.1 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 authority conferred under R.I. Gen. Laws §
										23-1-39,
					 as amended, and are established for the purpose of adopting minimum
					 requirements for the registration of body piercing technicians and body
					 piercing establishments in this state.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 14 - Registration of Body Piercing Technicians and Body Piercing Establishments (216-RICR-50-10-3) › Section 216-RICR-40-10-14.2 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate
					  29 C.F.R. §
											1910.1030  (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 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 14 - Registration of Body Piercing Technicians and Body Piercing Establishments (216-RICR-50-10-3) › Section 216-RICR-40-10-14.4 - Registration Requirements for Body Piercing Technicians

Current through June 14, 2024
14.4.1
Registration
				  Requirements
Pursuant R.I. Gen. Laws §
										23-1-39 of the Act, no person shall engage in the practice of body piercing or hold
					 himself/herself as a body piercing technician in this state unless he/she is
					 registered in this state under the statutory and regulatory provisions herein.
					 Provided, that physicians duly licensed to practice medicine in the state of
					 Rhode Island under the provisions of R.I. Gen. Laws Chapter 5-37 shall be
					 exempt from this registration requirement. However, a physician engaged in the
					 practice of body piercing in his/her private office shall be required to
					 register the site as a body piercing establishment and meet the requirements of
					 §
										14.5   of
					 this Part. Nothing in these regulations shall be construed to alter the scope
					 of practice of any licensed health care practitioner otherwise defined by rule
					 or statute.
14.4.2
Qualifications
A. Any applicant
				  seeking registration in this state must:
1.
				  Be over 18 years of age;
2. Be of
				  good moral character; and
3.
				  Demonstrate knowledge of body piercing techniques or procedures, based upon the
				  requirements of §14.4.5 of this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 14 - Registration of Body Piercing Technicians and Body Piercing Establishments (216-RICR-50-10-3) › Section 216-RICR-40-10-14.5 - Registration Requirements For Body Piercing Establishments

Current through June 14, 2024
14.5.1
Administration
The Director shall be responsible for the administrative
					 functions required to implement the provisions of R.I. Gen. Laws §
										23-1-39 and the rules and regulations herein as they apply to the registering of body
					 piercing establishments.
14.5.2
Registration Requirements
A. No
				  person, acting severally or jointly with any other person, shall conduct,
				  maintain, or operate a body piercing establishment in the state without a
				  registration issued by the registration agency.
B. No person, firm, partnership or
				  corporation shall describe its services in any manner under the title "Body
				  Piercing Establishment" unless such services as defined herein are performed in
				  an establishment that is registered with the Department of Health in accordance
				  with the provisions of the rules and regulations for registering of body
				  piercing establishments.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 15 - Tattoo Artists and Tattoo Parlors (216-RICR-40-10-15) › Section 216-RICR-40-10-15.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §§
										23-1-39(a) 
					 and
					  23-1-39(b),
					 and are established for the purpose of adopting minimum requirements for the
					 registration of tattoo artists and tattoo parlors in this
					 state.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 15 - Tattoo Artists and Tattoo Parlors (216-RICR-40-10-15) › Section 216-RICR-40-10-15.2 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate
					  29 C.F.R. §
											1910.1030  (1994) 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.