Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 60 - Laboratories and Medical Examiner › Subchapter 05 - State Laboratory › Part 1 - Determination of the Amount of Alcohol and/or Drugs in a Person's Blood by Chemical Analysis of the Breath and/or Blood (216-RICR-60-05-1) › Section 216-RICR-60-05-1.2 - Definitions

Current through June 14, 2024
A. Wherever used in this Part, the following
				  terms shall be construed to mean:
1. "Act"
				  means R.I. Gen. Laws Chapter 31-27, entitled "Motor Vehicle
				  Offenses."
2. "Chemical test" means
				  the analysis, or test(s) of a person's blood or breath for determining the
				  chemical content of the blood or breath using methods of general scientific
				  acceptance in the field of chemistry pursuant to the provisions of R.I. Gen.
				  Laws §
											31-27-2.1,
				  and administered in accordance with the requirements of the Act and this
				  Part.
3. "Department" means the
				  Rhode Island Department of Health.
4. "Director" means the Director of the Rhode
				  Island Department of Health or his/her duly authorized agent.
5. "Health care facility" means any
				  institutional health service provider, facility, or institution, place,
				  building, agency, or portion thereof, whether a partnership or corporation,
				  whether public or private, whether organized for profit or not, used, operated,
				  or engaged in providing health care services, including but not limited to:
				  hospitals; nursing facilities; home nursing care provider (which shall include
				  skilled nursing services and may also include activities allowed as a home care
				  provider or as a nursing service agency); home care provider (which may include
				  services such as personal care or homemaker services); rehabilitation centers;
				  kidney disease treatment centers; health maintenance organizations;
				  free-standing emergency care facilities, and facilities providing surgical
				  treatment to patients not requiring hospitalization (surgi-centers); hospice
				  care, and physician ambulatory surgery centers and podiatry ambulatory surgery
				  centers providing surgical treatment. The term "health care facility" also
				  includes organized ambulatory care facilities which are not part of a hospital
				  but which are organized and operated to provide health care services to
				  outpatients such as central services facilities serving more than one health
				  care facility or health care provider, treatment centers, diagnostic centers,
				  outpatient clinics, infirmaries and health centers, school based health centers
				  and neighborhood health centers. The term "health care facility" shall not
				  apply to organized ambulatory care facilities owned and operated by
				  professional service corporations as defined in R.I. Gen. Laws Chapter 7-51
				  (the "Professional Service Corporation Law"), or to a private practitioner's
				  (physician, dentist, or other health care provider) office or group of the
				  practitioners' offices (whether owned and/or operated by an individual
				  practitioner, alone or as a member of a partnership, professional service
				  corporation, organization, or association).
6. "Medical technician" means a person
				  employed by a hospital, a clinical laboratory, or other health care facility,
				  who has been authorized by the director of that facility to draw blood. No
				  civil liability shall be incurred by an authorized person drawing blood for
				  this Act, or by the agency or institution employing that person, if the
				  technique followed accepted medical practices.
7. "Preliminary breath tests" means a test
				  for a chemical analysis of the breath administered in accordance with the Act
				  and regulatory requirements of this Part for assisting law enforcement officers
				  in conducting their investigation pursuant to R.I. Gen. Laws §
											31-27-2.3.
8. "R.I. Gen. Laws" means the Rhode Island
				  General Laws.
9. "Target value"
				  means the ethanol concentration that the standard solutions are designed to
				  produce during simulation tests.
10. "This Part" mean all parts of the rules
				  and regulations regarding Determination of the Amount of Alcohol and/or Drugs
				  in a Person's Blood by Chemical Analysis of the Breath and/or Blood [216-RICR-
				  60-05-1].