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 15 - Tattoo Artists and Tattoo Parlors (216-RICR-40-10-15) › Section 216-RICR-40-10-15.3 - Definitions

Current through June 14, 2024
A. Wherever used in these rules and
				  regulations, the terms listed below shall be construed as follows:
1. "Act" means R.I. Gen. Laws §
											23-1-39,
				  entitled "Tattooing and/or Body Piercing"
2. "Apprentice" means a trainee
				  tattoo/permanent makeup artist working under the supervision of a Rhode Island
				  licensed tattoo/permanent makeup artist within a Rhode Island licensed tattoo
				  parlor.
3. "Aseptic technique"
				  means the practice of preventing the transmission of infectious agents into the
				  human body by using standard aseptic procedures.
4. "Communicable disease" means any disease
				  caused by an infectious agent which may be transmitted directly or indirectly
				  from one individual to another.
5.
				  "Director" means the Director of the Rhode Island Department of
				  Health.
6. "Division" means the
				  Division of Customer Services at the Rhode Island Department of
				  Health.
7. "Person" means any
				  individual, trust or estate, partnership, corporation (including but not
				  limited to associations, joint stock companies,) state, or political
				  subdivision or instrumentality of the state.
8. "Registration agency" means the Rhode
				  Island Department of Health.
9.
				  "Repigmentation" means recoloration of the skin as a result of the following:
a. Dermabrasion, chemical peels, removal or
				  resolution of birthmarks, vitiligo or other skin conditions which result in the
				  loss of melanin to the skin;
b.
				  Scars as a result of surgical procedures, such as cosmetic facial surgery, mole
				  or wart removal, cauterization, etc.;
c. Recoloration to burn grafts and other skin
				  irregularities as a result of burns or photo- damage;
d. Recreation of an areola or nipple,
				  following mastectomy; or
e.
				  Irregularly pigmented skin which may require cheek blush or other blending of
				  pigments into the skin to camouflage.
10. "Tattoo" means to mark or color the skin
				  by introduction of non-toxic dyes or pigments into the skin. For the purposes
				  of these rules and regulations, "tattooing" includes cosmetic procedures such
				  as eye lining, lip lining, microblading, or repigmentation, as defined in this
				  Part.
11. "Tattoo artist" means an
				  individual who is registered in this state to practice tattooing or permanent
				  makeup in accordance with the requirements of this Part.
12. "Tattoo parlor/shop" means any
				  establishment operated by any person for the purpose of offering or conducting
				  tattooing and/or permanent makeup procedures.
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-40-10-15.4 - Registration Requirements for Tattoo/Permanent Makeup Artists

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §
										23-1-39,
					 no person shall engage in the practice of tattooing or hold himself/herself as
					 a tattoo artist in this state unless he/she is registered in this state under
					 the statutory and regulatory provisions of this Part. 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
					 tattooing in his/her private office shall be required to register the site as a
					 tattoo parlor/shop and meet the requirements of §
										15.5   of this Part.
15.4.1
Qualifications
A. Any applicant seeking registration in this
				  state must:
1. Be over 18 years of
				  age;
2. Be of good moral
				  character;
3. Demonstrate knowledge
				  of aseptic tattooing technique via inspection, as indicated in §15.4.3 of
				  this Part; and
4. Have completed an
				  apprenticeship program as outlined in this Part or has shown equivalent
				  documentation of education/experience in the art of tattooing/permanent
				  makeup.
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-40-10-15.5 - Registration Requirements for Tattoo Parlors/Shops

Current through June 14, 2024
15.5.1
Registration Requirements
A. No
				  person, acting severally or jointly with any other person, shall conduct,
				  maintain, or operate a tattoo parlor/shop 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 "Tattoo"
				  unless such services as defined in this Part are performed in a parlor/shop
				  that is registered with the registration agency in accordance with the
				  provisions 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 15 - Tattoo Artists and Tattoo Parlors (216-RICR-40-10-15) › Section 216-RICR-40-10-15.6 - Denial, Suspension or Revocation of Registration

Current through June 14, 2024
A. The Director is authorized to deny an
				  application, revoke or suspend a registration for failure of an applicant or
				  registrant to comply with the provisions of the rules and regulations
				  herein.
B. Whenever an action shall
				  be proposed to deny an application, revoke or suspend a registration, the
				  Director shall notify the person by certified mail, setting forth the reason(s)
				  for the proposed action.
C. The
				  applicant or registrant shall be given an opportunity for a prompt and fair
				  hearing in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, and
				  the rules and regulations regarding Practices and Procedures Before the
				  Department of Health (Part 10-05-4 of this Title) and Access to Public Records
				  (Part 10-05-1 of this Title).
D. If
				  it is determined that a person is violating any provisions of this Part, the
				  Director may issue an order to secure compliance in accordance with the
				  provisions of R.I. Gen. Laws §§
										23-1-20 through
				   23-1-25.
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-40-10-15.7 - Deficiencies and Plans of Correction

Current through June 14, 2024
A. The registration
				  agency shall notify the governing body or other legal authority of a facility
				  of violations of this Part through a notice of deficiencies which shall be
				  forwarded to the facility within fifteen (15) days of inspection of the
				  facility. If the Director determines that immediate action is necessary to
				  protect the health, welfare, or safety of the public, she/he may issue an
				  immediate compliance order in accordance with R.I. Gen. Laws §
										23-1-21.
B. A facility that has received a notice of
				  deficiencies shall submit a plan of correction to the registration 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 therefore.
C. The
				  registration agency shall be required to approve or reject the plan of
				  correction submitted by a facility in accordance with §
										15.7(B)   of
				  this Part within fifteen (15) days of receipt of the plan of
				  correction.
D. If the registration
				  agency rejects the plan of correction, or if the facility does not provide a
				  plan of correction within the fifteen (15) day period stipulated in §
										15.7(B)   of
				  this Part, or if a facility whose plan of correction has been approved by the
				  registration agency fails to execute its plan within a reasonable time, the
				  registration agency may invoke the sanctions referenced in §
										15.6   of this Part.
E. If the facility is aggrieved by the
				  sanctions of the registration agency, the facility may appeal the decision and
				  request a hearing in accordance with the provisions of R.I. Gen. Laws Chapter
				  42-35, and the rules and regulations regarding Practices and Procedures Before
				  the Department of Health (Part 10-05-4 of this Title) and Access to Public
				  Records (Part 10-05-1)..
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-40-10-15.8 - Variance Procedures

Current through June 14, 2024
A. The registration
				  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 a variance will not be
				  contrary to the public interest, public health and/or health and safety of
				  clients.
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.
C. Upon the filing of each request for
				  variance with the registration agency, and within thirty (30) days thereafter,
				  the registration 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 and in accordance with the
				  provisions of §
										15.7   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 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.1 - 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 minimum standards for
					 rehabilitation hospital centers in Rhode Island.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate the Commission on Accreditation of
				  Rehabilitation Facilities' "Standards for Facilities Serving People with
				  Disabilities" (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.
B. These regulations hereby adopt and
				  incorporate NFPA 232: Standard for the Protection of Records. National Fire
				  Protection Association (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.
C. These regulations hereby adopt and
				  incorporate NFPA 99: Health Care Facilities Code, National Fire Protection
				  Association, (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 National Standards "Specifications for Making
				  Buildings and Facilities Accessible 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.
E. These
				  regulations hereby adopt and incorporate the Facility Guidelines Institute's
				  "Guidelines for Design and Construction of Hospital and Outpatient Facilities"
				  (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.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.4 - General Requirements for Licensure

Current through June 14, 2024
A. No person
				  acting severally or jointly with any other person, shall establish, conduct or
				  maintain a rehabilitation hospital center in this state without a license in
				  accordance with the requirements of R.I. Gen. Laws §
										23-17-4.
B. A certificate of need is required as a
				  precondition to the establishment of a new rehabilitation hospital center in
				  accordance with R.I. Gen. Laws Chapter 23-15.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.5 - Application for License or Changes in Owner, Operator, or Lessee

Current through June 14, 2024
A. Application for a license to conduct,
				  maintain or operate a rehabilitation hospital center shall be made to the state
				  agency upon forms provided by it one month prior to expiration date of license
				  and shall contain such information as the state agency reasonably requires
				  which may include affirmative evidence of ability to comply with the provisions
				  of R.I. Gen. Laws Chapter 23-17 and this Part.
1. Each application shall be accompanied by
				  an application 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) per facility plus an additional fee per licensed bed 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).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.6 - Issuance and Renewal of License

Current through June 14, 2024
A. Upon receipt of
				  an application for a license, the state agency issue a license or renewal
				  thereof for a period of no more than one (1) year if the applicant meets the
				  requirements of R.I. Gen. Laws Chapter 23-17 and this Part. Said license,
				  unless sooner suspended or revoked, shall expire by limitation on the 31st day
				  of December following its issuance and may be renewed from year to year after
				  inspection and approval by the state agency.
1. All renewal applications shall be
				  accompanied by an annual inspection 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) per facility plus an additional fee per
				  licensed bed 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).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.7 - Capacity

Current through June 14, 2024
Each license shall be issued for the specified licensed bed
					 capacity of the rehabilitation hospital center. No center shall have more
					 inpatients than the number of beds for which it is licensed.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.8 - Inspections

Current through June 14, 2024
A. The state agency shall make, or cause to
				  be made, such inspections and investigations as it deems necessary in
				  accordance with R.I. Gen. Laws §
										23-17-10 and this Part.
B. Every center
				  shall be given prompt notice by the state agency of all deficiencies reported
				  as a result of an inspection or investigation.
C. Written reports and recommendations of
				  inspections shall be maintained on file in each center for a period of no less
				  than thee (3) years.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.9 - Denial, Suspension, Revocation of License, Curtailment of Activities or Closure

Current through June 14, 2024
A. The state agency
				  is authorized to deny, suspend or revoke the license or curtail activities of
				  any center which:
1. Has failed to comply
				  with the rules and regulations pertaining to licensing of rehabilitation
				  hospital centers; and
2. Has
				  failed to comply with the provisions of R.I. Gen. Laws Chapter 23-17.
3. Lists of deficiencies noted in inspections
				  conducted in accordance with §
											16.8   of this Part shall be
				  maintained on file in the state agency, and shall be considered by the state
				  agency in rendering determinations to deny, suspend or revoke the license or
				  curtail activities of a center.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.10 - Organization and Management

Current through June 14, 2024
16.10.1
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 rehabilitation hospital center;
2. The assurance of quality care and
				  services; and
3. Compliance with
				  all federal, state and local laws and regulations pertaining to rehabilitation,
				  fire, safety, sanitation, communicable and reportable diseases, and other
				  relevant health and safety requirements and with all 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 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.11 - Patient Care Services

Current through June 14, 2024
16.11.1
Management Responsibility
A. The
				  rehabilitation hospital center through its Medical Director shall be
				  responsible to ensure that all health and holistic rehabilitation services and
				  programs, including services provided per contract or arrangement are rendered
				  in a safe and effective manner consistent with acceptable standards of
				  practice, policies of the center and the requirements of this Part.
1. Furthermore, the Medical Director shall be
				  responsible to ensure that all patients receive adequate medical/surgical
				  treatment, as may be required for specific conditions, in an appropriate
				  facility.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.12 - Environmental and Maintenance Services

Current through June 14, 2024
16.12.1
Disaster Preparedness
A. Each
				  center shall develop and maintain a written disaster preparedness plan which
				  shall include plans and procedures to be followed in case of fire or other
				  emergencies.
B. The plan and
				  procedures shall be developed and coordinated with assistance of qualified
				  safety and other appropriate experts, including the appropriate state and local
				  agencies and representatives concerned with emergency, safety, rescue and
				  disaster preparedness.
C. The plan
				  shall include procedures to be followed pertaining to no less than the
				  following:
1. Fire, explosion, hurricane, loss
				  of power and/or water, flooding and other calamities;
2. Transfer of casualties;
3. Location and use of alarm systems, signals
				  and fire fighting equipment;
4.
				  Containment of fire;
5.
				  Notification of appropriate persons;
6. Relocation of patients and evacuation
				  routes;
7. Handling of drugs and
				  biologicals; and
8. Any other
				  essentials as may be warranted.
D. A copy of the plan shall be available at
				  every nursing unit.
E. Emergency
				  steps of action shall be clearly outlined and posted in conspicuous locations
				  throughout the center.
F. Simulated
				  drills testing the effectiveness of the plan shall be conducted for all shifts
				  at least twice a year. Written reports and evaluation of all drills shall be
				  maintained by the facility.
G. All
				  personnel shall receive training in disaster preparedness as part of their
				  employment orientation.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.13 - Physical Plant

Current through June 14, 2024
16.13.1
New
				  Construction, Additions or Modifications
A. All construction, 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.
2. Rhode Island Food
				  Code (Part 50-10-1 of this Title).
3. R.I. Gen. Laws §
												23-1-31.
4. R.I. Gen. Laws Chapter 23-28.1.
5. R.I. Gen. Laws Chapter 23-27.3.
6. Incorporated materials at §
												16.2(D)   of
				  this Part.
7. Facility Guidelines
				  Institute's "Guidelines for Design and Construction of Hospital and Outpatient
				  Facilities" (2014). "
8.
				  Incorporated materials at §
												16.2(A)   of
				  this Part.
9. In addition, any
				  other applicable state and local law, codes and regulations shall apply. Where
				  there is a difference between codes, the code having the higher standard shall
				  apply.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.14 - Practices and Procedures, Confidentiality

Current through June 14, 2024
16.14.1
Variance Procedure
A. The state 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,
				  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 the filing of each
				  request for variance with the state agency and within thirty (30) days
				  thereafter, the state 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 center 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 17 - Licensing Home Nursing Care Providers and Home Care Providers › Section 216-RICR-40-10-17.1 - Authority

Current through June 14, 2024
A. These Regulations are promulgated pursuant
				  to the authority conferred under R.I. Gen. Laws §§
										23-17-10 and
				   23-17-42 and are established for the purpose of adopting minimum standards for
				  licensed home nursing care and home care providers 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 17 - Licensing Home Nursing Care Providers and Home Care Providers › Section 216-RICR-40-10-17.3 - Definitions

Current through June 14, 2024
A. Wherever used in these Rules and
				  Regulations the following terms shall be construed to mean:
1. "Abuse" means:
a. Any assault as defined in R.I. Gen. Laws
				  Chapter 11-5, including, but not limited to, hitting, kicking, pinching,
				  slapping, or the pulling of hair; provided, however, unless it is required as
				  an element of the offense charged, it shall not be necessary to prove that the
				  patient or resident was injured by the assault;
b. Any assault as defined i n R.I. Gen. Laws
				  Chapter 11-37;
c. Any offense unde
				  r R.I. Gen. Laws Chapter 11-10;
d.
				  Any conduct which harms or is likely to physically harm the patient or resident
				  except where the conduct is a part of the care and treatment, and in
				  furtherance of the health and safety of the patient or resident;
e. Intentionally engaging in a pattern of
				  harassing conduct which causes or is likely to cause emotional or psychological
				  harm to the patient or resident, including but not limited to, ridiculing or
				  demeaning a patient or resident, making derogatory remarks to a patient or
				  resident or cursing directed towards a patient or resident, or threatening to
				  inflict physical or emotional harm on a patient or resident.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 17 - Licensing Home Nursing Care Providers and Home Care Providers › Section 216-RICR-40-10-17.5 - Organization and Management

Current through June 14, 2024
17.5.1
Governing Body
A. Each home
				  nursing care provider or home care provider shall have an organized governing
				  body or equivalent legal authority ultimately responsible for:
1. The management, fiscal affairs and
				  operation of the home nursing care provider or home care provider;
2. The assurance of quality care and
				  services; and
3. Compliance with
				  all federal, state, and local laws and Regulations pertaining to a home nursing
				  care provider or home care provider and this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 17 - Licensing Home Nursing Care Providers and Home Care Providers › Section 216-RICR-40-10-17.6 - Patient Care Management

Current through June 14, 2024
17.6.1
Rights
				  of Patients
A. Each patient/client of a
				  home nursing care provider or home care provider has the right to be informed
				  of his or her rights under R.I. Gen. Laws §
											23-17-19.1 and the home
				  nursing care provider or home care provider must protect and promote the
				  exercise of these rights.
B. The
				  home nursing care provider or home care provider must provide the
				  patient/client with a written notice of the patient/client rights in §
				  17.6.1(E) of this Part in advance of furnishing care to the patient/client or
				  during the initial evaluation visit before the initiation of
				  treatment.
C. A copy of the written
				  notice of rights signed by the patient/client will be maintained in the
				  patient/client record by the home nursing care provider or home care provider
				  and in the patient/client's home. The home nursing care provider or home care
				  provider must maintain documentation showing that it has complied with the
				  requirements of this Section.
D.
				  The provisions of §
											17.6   of this Part shall not apply to nursing services
				  or home health services conducted by and for those who rely exclusively upon
				  spiritual means through prayer alone in accordance with the creed or tenets of
				  a recognized church or religious denomination.
E. In addition to the rights stated in R.I.
				  Gen. Laws §
											23-17-19.1:
1. No charge
				  shall be made for furnishing a health record or part thereof to a patient,
				  his/her attorney or authorized representative if the record or part thereof is
				  necessary for the purpose of supporting an appeal under any provision of the
				  Social Security Act (42 U.S.C. §
													301
et seq.
) and the
				  request is accompanied by documentation of the appeal. A provider shall furnish
				  a health record requested pursuant to this Section within thirty (30) days of
				  the request.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 17 - Licensing Home Nursing Care Providers and Home Care Providers › Section 216-RICR-40-10-17.7 - Physical Plant

Current through June 14, 2024
17.7.1
General Provisions
A. Each licensed home nursing care provider
				  or home care provider shall maintain an office(s) located in Rhode Island with
				  adequate space and equipment to accommodate staff personnel to carry out their
				  professional and administrative responsibilities in an efficient manner within
				  a safe environment.
B. Adequate
				  space shall be provided for the storage and maintenance of equipment, supplies
				  and records necessary for patient care services and for the operation of the
				  home nursing care provider or home care provider.
C. All equipment and furnishings shall be
				  maintained in good condition, properly functioning and replaced as
				  necessary.
D. Each home nursing
				  care provider or home care provider shall maintain an effective telephone
				  communication system accessible to patients and personnel on a twenty-four (24)
				  hour basis, seven (7) days a week, in accordance with § 17.5.2(A) of this
				  Part.
E. Medical Waste Disposal
1. In accordance with the Medical Waste
				  Regulations, 250-RICR-140-15-1, medical waste generated by individuals on the
				  premises of a single-family home or single-family dwelling unit or by members
				  of households residing in single and multiple residences, hotels, and motels
				  which serve as a residence for individuals, provided the dwelling is not
				  serving as a commercial or professional office where individuals who are not
				  members of the family residing at such dwelling are receiving medical care by a
				  health care professional is specifically excluded from the definition of
				  regulated medical waste and the requirements of the aforementioned regulations.
				  Medical waste generated by health care providers in private homes where they
				  provide medical services to individuals residing in said homes is also exempt
				  from the requirements of the Medical Waste Regulations, 250-RICR-140-15-1,
				  promulgated by the Rhode Island Department of Environmental
				  Management.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 17 - Licensing Home Nursing Care Providers and Home Care Providers › Section 216-RICR-40-10-17.8 - Additional Requirements - Home Nursing Care Providers

Current through June 14, 2024
A.
				  In addition to meeting the General Requirements as set forth in §§
										17.1  through 17.7.1 of this Part, home nursing care providers shall meet the
				  additional requirements of § 17.8.1 of this Part.
17.8.1
Governing Body & Management
				  Professional Advisory Committee
A. An
				  advisory group of professional personnel ("Professional Advisory Committee")
				  shall be established by the governing body or other legal authority which shall
				  include at least:
1. One (1) physician and a
				  registered nurse; and
2. A
				  representative of each therapeutic service offered by the home nursing care
				  provider or home care provider, which may also include appropriate
				  representation from other professional disciplines.
3. The administrator of the home nursing care
				  provider or home care provider shall be
ex-officio
member of
				  the committee.
4. At least one (1)
				  member shall neither be an owner nor an employee of the home nursing care
				  provider or home care provider.
5.
				  The Professional Advisory Committee shall meet at least twice per year to
				  advise the agency on professional issues and to establish and annually review
				  the home nursing care provider's or home care provider's policies pertaining
				  to:
a. The scope of services
				  offered;
b. Admission and discharge
				  policies;
c. Plans of
				  care;
d. Clinical
				  records;
e. Personnel
				  qualifications;
f. Program
				  evaluation; and
g. Such other
				  matters as may be deemed appropriate by the governing body or other legal
				  authority.
6. The
				  physician member of the Professional Advisory Committee shall attend at least
				  one (1) meeting per year and show evidence of participation (e.g., review of
				  agenda/minutes) in any other Professional Advisory Committee
				  meetings.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 17 - Licensing Home Nursing Care Providers and Home Care Providers › Section 216-RICR-40-10-17.9 - Variance Procedure, Practices and Procedures, and Severability

Current through June 14, 2024
17.9.1
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,
				  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 the filing of each
				  request for variance with the licensing agency and within a reasonable time
				  thereafter, the licensing agency shall notify the applicant of its approval, or
				  in the case of a denial, a hearing date, time and place may be scheduled if the
				  home nursing care provider or home care provider 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 18 - School-based health centers (216-RICR-40-10-18) › Section 216-RICR-40-10-18.1 - Authority

Current through June 14, 2024
These Regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws §§
										23-17-10 and  23-17-4.1, and are established for the purpose of adopting minimum
					 standards for licensed school-based health 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 18 - School-based health centers (216-RICR-40-10-18) › Section 216-RICR-40-10-18.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate "Clinical Laboratory Improvement
				  Amendments of 1988" Department of Health and Human Services (1992) 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 School-Based Health Alliance, Core
				  Competencies, June 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 18 - School-based health centers (216-RICR-40-10-18) › Section 216-RICR-40-10-18.3 - Definitions

Current through June 14, 2024
A. Wherever used in these Rules and
				  Regulations, the following terms shall be construed as follows:
1. "Certified nurse-teacher" means those
				  personnel certified by the Department of Elementary and Secondary Education and
				  employed pursuant to the provisions of R.I. Gen. Laws §§
											16-21-7 and
				   16-21-8.
2. "Department" means the Rhode Island
				  Department of Health.
3. "Director"
				  means the Director of the Rhode Island Department of Health.
4. "Health care facility" means a facility as
				  defined in R.I. Gen. Laws § 23-17 2.
5. "Limited function test" means those tests
				  listed in the Federal Register under the Clinical Laboratory Improvement
				  Amendments of 1988 (CLIA) as waived tests.
6. "Person" means any individual, trust or
				  estate, partnership, corporation (including associations, joint stock
				  companies) State, or political subdivisions or instrumentally of the
				  State.
7. "Premises" means a tract
				  of land and the buildings thereon where direct patient care services are
				  provided.
8. "School-based health
				  center" means a facility located in an elementary or secondary school licensed
				  as a school-based health center that delivers primary and/or preventive health
				  care services to individuals.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 18 - School-based health centers (216-RICR-40-10-18) › Section 216-RICR-40-10-18.4 - Licensing Procedures

Current through June 14, 2024
18.4.1
General Requirements
A. No person
				  acting severally or jointly with any other person shall establish, conduct, or
				  maintain a school-based health center in this State without a license in
				  accordance with the requirements of R.I. Gen. Laws §§
											23-17-4 and  23-17-4.1, and shall meet the requirements of this Part.
B. In order to apply for and/or to maintain a
				  school-based health center license, a person must possess a current license as
				  a health care facility under the provisions of R.I. Gen. Laws § 23-17
				  -56.
C. No person shall represent
				  itself as a school-based health center unless licensed as a school-based health
				  center pursuant to the provisions of this Part.
D. School health services provided to
				  students in accordance with this Part shall not require licensure as a
				  school-based health center. Nothing in these Regulations shall be construed as
				  prohibiting school health personnel from rendering school health services in
				  accordance with this Part.
E.
				  School-based health centers shall be exempt from the provisions of R.I. Gen.
				  Laws §§
											23-17-14.3 and
				   23-17-14.4.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 18 - School-based health centers (216-RICR-40-10-18) › Section 216-RICR-40-10-18.5 - Organization and Management

Current through June 14, 2024
18.5.1
Governing Body and Management
A.
				  Each facility shall have an organized governing body or equivalent legal
				  authority, ultimately responsible for:
1. The
				  program and operation of the school-based health center;
2. The appointment of an administrator who
				  shall be directly responsible for the management and operation of the
				  school-based health center;
3. The
				  assurance of the quality of care and services; and
4. The compliance with all Federal, State and
				  local laws and Regulations pertaining to safety, sanitation, communicable and
				  reportable diseases, smoking policies and other health and safety requirements
				  relevant to school-based health centers and all 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 18 - School-based health centers (216-RICR-40-10-18) › Section 216-RICR-40-10-18.6 - Health Care Services

Current through June 14, 2024
18.6.1
Management of Services
A.
				  Policies and procedures pertaining to the provision of services and supported
				  by appropriate manuals and reference material shall be established by the
				  appropriate professional staff and approved by the governing body. Such
				  policies and procedures shall pertain to no less than the following:
1. The responsibility of the physician(s) for
				  the provision of health care services;
2. The designation of personnel authorized to
				  deliver health care services in accordance with licensure and/or certification
				  requirements;
3. Standards of
				  practice for each health care service provided;
4. Procedures that may and may not be
				  performed;
5. Procurement and
				  storage of all drugs and medications in accordance with R.I. Gen Laws Chapters
				  21-28 and 21-31 and disposal of all drugs and medications in accordance with
				  Part 20-20-1 of this Title, Disposal of Drugs;
6. Designation of personnel authorized to
				  prescribe, administer, dispense, or dispose of drugs in accordance with
				  licensure and/or certification requirements;
7. Disposal of hypodermic needles, syringes
				  and instruments in accordance with the requirements of Part
				  20-15-6
				  of this Title, Hypodermic Needles, Syringes, and Other Such
				  Instruments;
8. Disclosure of
				  patient information in accordance with Federal and State law; and
9. Such other conditions as may be deemed
				  appropriate.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 18 - School-based health centers (216-RICR-40-10-18) › Section 216-RICR-40-10-18.7 - Physical Plant and Equipment

Current through June 14, 2024
18.7.1
Physical Facility
A. All
				  construction shall be subject to the laws, Rules, Regulations and codes of R.I.
				  Gen. Laws Chapters 23-17, 23-28.1, 23-27.3 and all other appropriate State and
				  local laws, codes, Regulations and ordinances. Where there is a difference
				  between codes, the code having the more stringent standard shall
				  apply.
B. Provisions shall be made
				  for all of the areas listed below, some of which may be multipurpose in order
				  to provide the following:
1. At least one (1)
				  examining room with provisions that each examining room include hand-washing
				  facilities that include a sink and running water, and that each examining room
				  is private such that conversations cannot be overheard;
2. A counseling room that is private such
				  that conversations cannot be overheard;
3. A bathroom with hand-washing
				  facilities;
4. Office and
				  administrative space where staff can work privately with records;
5. Secure areas for the protection of medical
				  records, pharmaceuticals, and supplies;
6. Waiting room area.
C. The school-based health center building
				  shall also conform with the following:
1. Fire
				  protection standards that meet local codes;
2. Water and waste disposal systems
				  conforming with local codes, Narragansett Bay Commission and Federal OSHA
				  requirements;
3. Separate telephone
				  lines with voice mail telling students how to obtain emergency services after
				  hours;
4. Adequate
				  lighting;
5. Proper
				  ventilation;
6. Provisions for
				  patients with special needs, as appropriate.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 18 - School-based health centers (216-RICR-40-10-18) › Section 216-RICR-40-10-18.8 - Practices and Procedures, Confidentiality and Severability

Current through June 14, 2024
18.8.1
Variance Procedures
A. The Department 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 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 the filing of each
				  request for variance with the Department, and within a reasonable time
				  thereafter, the Department 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 and in accordance with the
				  provisions of § 18.8.3 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 19 - Nursing Facility Receivership (216-RICR-40-10-19) › Section 216-RICR-40-10-19.1 - Authority

Current through June 14, 2024
These rules and regulations are promulgated under the
					 authority of R.I. Gen. Laws §
										23-17.11-4(a) 
					 and are established for the purpose of establishing a process for notification
					 of quality of care concerns, survey results and enforcement actions to
					 residents and their families, residents' legal representative and health care
					 providers, the long-term care ombudsman, and the public.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 19 - Nursing Facility Receivership (216-RICR-40-10-19) › Section 216-RICR-40-10-19.2 - Notification Process

Current through June 14, 2024
Any nursing facility being managed pursuant to R.I. Gen.
					 Laws Chapter 23-17.11 shall comply with all reporting and notification
					 requirements and processes for licensed nursing facilities pursuant to R.I.
					 Gen. Laws 23-17 and the rules and regulations for Licensing of Nursing
					 Facilities (Part 1 of this Subchapter).