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Rhode Island House Bill H5755

Rhode Island 2023 Regular Session

Rhode Island House Bill H5755 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
15-RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES -- STATUTES AND
16-STATUTORY CONSTRUCTI ON
15+RELATING TO STATUTES AND STATUTORY CONSTRUCTION -- CHILDREN WITH
16+DISABILITIES
1717 Introduced By: Representative Joshua J. Giraldo
1818 Date Introduced: February 21, 2023
1919 Referred To: House Judiciary
2020 (Dept. of BHDDH)
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 16-24-7, 16-24-10, 16-24-11 and 16-24-16 of the General Laws in 1
2424 Chapter 16-24 entitled "Children With Disabilities [See Title 16 Chapter 97 — The Rhode Island 2
2525 Board of Education Act]" are hereby amended to read as follows: 3
2626 16-24-7. “Mentally retarded minors” defined. Minors with intellectual and/or 4
27-developmental disabilities defined. Minors with intellectual or developmental disabilities 5
28-defined. 6
29-The term “mentally retarded minors” "minors with intellectual or developmental 7
30-disabilities" means all children between the age of three (3) and twenty-one (21) who because of 8
31-retarded delayed intellectual development, as determined by an individual multidisciplinary 9
32-evaluation, require specialized instruction appropriate to their individual capacity. 10
33-16-24-10. Arrangements by cities and towns having small numbers of retarded 11
34-children. Arrangements by cities and towns having small numbers of children with 12
35-intellectual and/or developmental disabilities. Arrangements by cities and towns having small 13
36-numbers of children with intellectual or developmental disabilities. 14
37-Each city and town which contains fewer than eight (8) mentally retarded minors with 15
38-intellectual or developmental disabilities may contract with another city or town for the education 16
39-of the minors or may establish a special class pursuant to the previous provision with the consent 17
40-of the board of regents for elementary and secondary education. In the event that a city or town 18
27+developmental disabilities defined. 5
28+The term “mentally retarded minors” "minors with intellectual and/or developmental 6
29+disabilities" means all children between the age of three (3) and twenty-one (21) who because of 7
30+retarded intellectual development, as determined by an individual multidisciplinary evaluation, 8
31+require specialized instruction appropriate to their individual capacity. 9
32+16-24-10. Arrangements by cities and towns having small numbers of retarded 10
33+children. Arrangements by cities and towns having small numbers of children with 11
34+intellectual and/or developmental disabilities. 12
35+Each city and town which contains fewer than eight (8) mentally retarded minors with 13
36+intellectual and/or developmental disabilities may contract with another city or town for the 14
37+education of the minors or may establish a special class pursuant to the previous provision with the 15
38+consent of the board of regents for elementary and secondary education. In the event that a city or 16
39+town does not establish a class for fewer than eight (8) mentally retarded minors with intellectual 17
40+and/or developmental disabilities or contract with another city or town, then the city or town shall 18
4141
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43-LC001634/SUB A/3 - Page 2 of 19
44-does not establish a class for fewer than eight (8) mentally retarded minors with intellectual or 1
45-developmental disabilities or contract with another city or town, then the city or town shall contract 2
46-with a suitable day school for instruction adapted to the mental attainments of the minors; provided 3
47-that the day schools shall be subject to the regulations and supervision of the state board of regents 4
48-for elementary and secondary education. 5
49-16-24-11. Transportation for retarded children. Transportation for children with 6
50-intellectual and/or developmental disabilities. Transportation for children with intellectual 7
51-or developmental disabilities. 8
52-Transportation shall be provided for all pupils attending a special class or suitable day 9
53-schools. 10
54-16-24-16. Approved centers. 11
55-For the purpose of furnishing transportation and providing incidental expenses for the 12
56-education of mentally retarded children under the age of eighteen (18) minors with intellectual or 13
57-developmental disabilities, a center approved by the director of behavioral healthcare, 14
58-developmental disabilities and hospitals shall be decreed to be a school as considered in this 15
59-chapter. 16
60-SECTION 2. Sections 23-17.8-1 and 23-17.8-3.1 of the General Laws in Chapter 23-17.8 17
61-entitled "Abuse in Healthcare Facilities" are hereby amended to read as follows: 18
62-23-17.8-1. Definitions. 19
63-(a)(1) “Abuse” means: 20
64-(i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, 21
65-kicking, pinching, slapping, or the pulling of hair; provided, however, unless it is required as an 22
66-element of the offense charged, it shall not be necessary to prove that the patient or resident was 23
67-injured by the assault; 24
68-(ii) Any assault as defined in chapter 37 of title 11; 25
69-(iii) Any offense under chapter 10 of title 11; 26
70-(iv) Any conduct which harms or is likely to physically harm the patient or resident except 27
71-where the conduct is a part of the care and treatment, and in furtherance of the health and safety of 28
72-the patient or resident; or 29
73-(v) Intentionally engaging in a pattern of harassing conduct which causes or is likely to 30
74-cause emotional or psychological harm to the patient or resident, including but not limited to, 31
75-ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident or 32
76-cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm 33
77-on a patient or resident. 34
43+LC001634 - Page 2 of 19
44+contract with a suitable day school for instruction adapted to the mental attainments of the minors; 1
45+provided that the day schools shall be subject to the regulations and supervision of the state board 2
46+of regents for elementary and secondary education. 3
47+16-24-11. Transportation for retarded children. Transportation for children with 4
48+intellectual and/or developmental disabilities. 5
49+Transportation shall be provided for all pupils attending a special class or suitable day 6
50+schools. 7
51+16-24-16. Approved centers. 8
52+For the purpose of furnishing transportation and providing incidental expenses for the 9
53+education of mentally retarded children under the age of eighteen (18), a center approved by the 10
54+director of behavioral healthcare, developmental disabilities and hospitals shall be decreed to be a 11
55+school as considered in this chapter. 12
56+SECTION 2. Sections 23-17.8-1 and 23-17.8-3.1 of the General Laws in Chapter 23-17.8 13
57+entitled "Abuse in Healthcare Facilities" are hereby amended to read as follows: 14
58+23-17.8-1. Definitions. 15
59+(a)(1) “Abuse” means: 16
60+(i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, 17
61+kicking, pinching, slapping, or the pulling of hair; provided, however, unless it is required as an 18
62+element of the offense charged, it shall not be necessary to prove that the patient or resident was 19
63+injured by the assault; 20
64+(ii) Any assault as defined in chapter 37 of title 11; 21
65+(iii) Any offense under chapter 10 of title 11; 22
66+(iv) Any conduct which harms or is likely to physically harm the patient or resident except 23
67+where the conduct is a part of the care and treatment, and in furtherance of the health and safety of 24
68+the patient or resident; or 25
69+(v) Intentionally engaging in a pattern of harassing conduct which causes or is likely to 26
70+cause emotional or psychological harm to the patient or resident, including but not limited to, 27
71+ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident or 28
72+cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm 29
73+on a patient or resident. 30
74+(2) Nothing in this section shall be construed to prohibit the prosecution of any violator of 31
75+this section under any other chapter. 32
76+(b) “Department” means the department of health when the incident occurs in a health care 33
77+facility, and the department of behavioral healthcare, developmental disabilities and hospitals when 34
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81-(2) Nothing in this section shall be construed to prohibit the prosecution of any violator of 1
82-this section under any other chapter. 2
83-(b) “Department” means the department of health when the incident occurs in a health care 3
84-facility, and the department of behavioral healthcare, developmental disabilities and hospitals when 4
85-the incident occurs in a community residence for people who are mentally retarded or persons with 5
86-intellectual or developmental disabilities. 6
87-(c) “Facility” means any health care facility or community residence for persons who are 7
88-mentally retarded, or persons with intellectual or developmental disabilities as those terms are 8
89-defined in this section. “Health care facility” means any hospital or facility which provides long-9
90-term health care required to be licensed under chapter 17 of this title, and any assisted living 10
91-residence required to be licensed under chapter 17.4 of this title, and any community residence 11
92-whether privately or publicly owned. “Community residence” for persons who are mentally 12
93-retarded or persons with intellectual or developmental disabilities means any residential program 13
94-licensed by the department of behavioral healthcare, developmental disabilities and hospitals which 14
95-meets the definition of a community residence as defined in § 40.1-24-1(2) and provides services 15
96-to people who are mentally retarded or persons with intellectual or developmental disabilities. 16
97-(d) “High Managerial Agent” means an officer of a facility, the administrator and assistant 17
98-administrator of the facility, the director and assistant director of nursing services, or any other 18
99-agent in a position of comparable authority with respect to the formulation of the policies of the 19
100-facility or the supervision in a managerial capacity of subordinate employees. 20
101-(e) “Mistreatment” means the inappropriate use of medications, isolation, or use of physical 21
102-or chemical restraints: 22
103-(1) As punishment; 23
104-(2) For staff convenience; 24
105-(3) As a substitute for treatment or care; 25
106-(4) In conflict with a physician’s order; or 26
107-(5) In quantities which inhibit effective care or treatment, or which harms or is likely to 27
108-harm the patient or resident. 28
109-(f) “Neglect” means the intentional failure to provide treatment, care, goods, and services 29
110-necessary to maintain the health and safety of the patient or resident, or the intentional failure to 30
111-carry out a plan of treatment or care prescribed by the physician of the patient or resident, or the 31
112-intentional failure to report patient or resident health problems or changes in health problems or 32
113-changes in health conditions to an immediate supervisor or nurse, or the intentional lack of attention 33
114-to the physical needs of a patient or resident including, but not limited to toileting, bathing, meals, 34
80+LC001634 - Page 3 of 19
81+the incident occurs in a community residence for people who are mentally retarded or persons with 1
82+intellectual and/or developmental disabilities. 2
83+(c) “Facility” means any health care facility or community residence for persons who are 3
84+mentally retarded, or persons with intellectual and/or developmental disabilities as those terms are 4
85+defined in this section. “Health care facility” means any hospital or facility which provides long-5
86+term health care required to be licensed under chapter 17 of this title, and any assisted living 6
87+residence required to be licensed under chapter 17.4 of this title, and any community residence 7
88+whether privately or publicly owned. “Community residence” for persons who are mentally 8
89+retarded or persons with intellectual and/or developmental disabilities means any residential 9
90+program licensed by the department of behavioral healthcare, developmental disabilities and 10
91+hospitals which meets the definition of a community residence as defined in § 40.1-24-1(2) and 11
92+provides services to people who are mentally retarded or persons with intellectual and/or 12
93+developmental disabilities. 13
94+(d) “High Managerial Agent” means an officer of a facility, the administrator and assistant 14
95+administrator of the facility, the director and assistant director of nursing services, or any other 15
96+agent in a position of comparable authority with respect to the formulation of the policies of the 16
97+facility or the supervision in a managerial capacity of subordinate employees. 17
98+(e) “Mistreatment” means the inappropriate use of medications, isolation, or use of physical 18
99+or chemical restraints: 19
100+(1) As punishment; 20
101+(2) For staff convenience; 21
102+(3) As a substitute for treatment or care; 22
103+(4) In conflict with a physician’s order; or 23
104+(5) In quantities which inhibit effective care or treatment, or which harms or is likely to 24
105+harm the patient or resident. 25
106+(f) “Neglect” means the intentional failure to provide treatment, care, goods, and services 26
107+necessary to maintain the health and safety of the patient or resident, or the intentional failure to 27
108+carry out a plan of treatment or care prescribed by the physician of the patient or resident, or the 28
109+intentional failure to report patient or resident health problems or changes in health problems or 29
110+changes in health conditions to an immediate supervisor or nurse, or the intentional lack of attention 30
111+to the physical needs of a patient or resident including, but not limited to toileting, bathing, meals, 31
112+and safety. No person shall be considered to be neglected for the sole reason that he or she relies 32
113+on or is being furnished treatment in accordance with the tenets and teachings of a well-recognized 33
114+church or denomination by a duly-accredited practitioner of a well-recognized church or 34
115115
116116
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118-and safety. No person shall be considered to be neglected for the sole reason that he or she relies 1
119-on or is being furnished treatment in accordance with the tenets and teachings of a well-recognized 2
120-church or denomination by a duly-accredited practitioner of a well-recognized church or 3
121-denomination. 4
122-(g) “Patient” means any person who is admitted to a facility for treatment or care, while 5
123-“resident” means any person who maintains their residence or domicile, on either a temporary or 6
124-permanent basis, in a facility. 7
125-(h) “Person” means any natural person, corporation, partnership, unincorporated 8
126-association, or other business entity. 9
127-(i) “Immediate jeopardy” means a situation in which the nursing facility’s alleged 10
128-noncompliance with one or more state or federal requirements or conditions has caused, or is likely 11
129-to cause serious injury, harm, impairment or death to a resident; or shall be defined in accordance 12
130-with 42 CFR 489 or any subsequent applicable federal regulations. 13
131-(j) “Non-immediate jeopardy — high potential for harm” means a situation in which a 14
132-nursing facility’s alleged noncompliance with one or more state or federal requirements or 15
133-conditions may have caused harm that negatively impacts the individual’s mental, physical and/or 16
134-psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent 17
135-applicable federal regulations. 18
136-(k) “Non-immediate jeopardy — medium potential for harm” means a situation in which a 19
137-nursing facility’s alleged noncompliance with one or more state or federal requirements or 20
138-conditions has caused or may have caused harm that is of limited consequence and does not 21
139-significantly impair the individual’s mental, physical and/or psychosocial status to function; or shall 22
140-be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations. 23
141-(l) “Non-immediate jeopardy — low potential for harm” means a situation in which a 24
142-nursing facility’s alleged noncompliance with one or more state or federal requirements or 25
143-conditions may have caused mental, physical and/or psychosocial discomfort that does not 26
144-constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent 27
145-applicable federal regulations. 28
146-23-17.8-3.1. Physician’s, certified registered nurse practitioner’s and physician 29
147-assistant’s report of examination — Duty of facility. 30
148-Whenever a facility shall receive a report by a person other than a physician or a certified 31
149-registered nurse practitioner or physician assistant that a patient or resident of the facility has been 32
150-harmed as a result of abuse, neglect, or mistreatment, the facility shall have the patient examined 33
151-by a licensed physician or a certified registered nurse practitioner or physician assistant. It shall be 34
117+LC001634 - Page 4 of 19
118+denomination. 1
119+(g) “Patient” means any person who is admitted to a facility for treatment or care, while 2
120+“resident” means any person who maintains their residence or domicile, on either a temporary or 3
121+permanent basis, in a facility. 4
122+(h) “Person” means any natural person, corporation, partnership, unincorporated 5
123+association, or other business entity. 6
124+(i) “Immediate jeopardy” means a situation in which the nursing facility’s alleged 7
125+noncompliance with one or more state or federal requirements or conditions has caused, or is likely 8
126+to cause serious injury, harm, impairment or death to a resident; or shall be defined in accordance 9
127+with 42 CFR 489 or any subsequent applicable federal regulations. 10
128+(j) “Non-immediate jeopardy — high potential for harm” means a situation in which a 11
129+nursing facility’s alleged noncompliance with one or more state or federal requirements or 12
130+conditions may have caused harm that negatively impacts the individual’s mental, physical and/or 13
131+psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent 14
132+applicable federal regulations. 15
133+(k) “Non-immediate jeopardy — medium potential for harm” means a situation in which a 16
134+nursing facility’s alleged noncompliance with one or more state or federal requirements or 17
135+conditions has caused or may have caused harm that is of limited consequence and does not 18
136+significantly impair the individual’s mental, physical and/or psychosocial status to function; or shall 19
137+be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations. 20
138+(l) “Non-immediate jeopardy — low potential for harm” means a situation in which a 21
139+nursing facility’s alleged noncompliance with one or more state or federal requirements or 22
140+conditions may have caused mental, physical and/or psychosocial discomfort that does not 23
141+constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent 24
142+applicable federal regulations. 25
143+23-17.8-3.1. Physician’s, certified registered nurse practitioner’s and physician 26
144+assistant’s report of examination — Duty of facility. 27
145+Whenever a facility shall receive a report by a person other than a physician or a certified 28
146+registered nurse practitioner or physician assistant that a patient or resident of the facility has been 29
147+harmed as a result of abuse, neglect, or mistreatment, the facility shall have the patient examined 30
148+by a licensed physician or a certified registered nurse practitioner or physician assistant. It shall be 31
149+mandatory for the physician or certified registered nurse practitioner or physician assistant to make 32
150+a preliminary report of his or her findings to the department of health for a healthcare facility, or to 33
151+the department of behavioral healthcare, developmental disabilities and hospitals for a community 34
152152
153153
154-LC001634/SUB A/3 - Page 5 of 19
155-mandatory for the physician or certified registered nurse practitioner or physician assistant to make 1
156-a preliminary report of his or her findings to the department of health for a healthcare facility, or to 2
157-the department of behavioral healthcare, developmental disabilities and hospitals for a community 3
158-residence for people who are mentally retarded or persons with intellectual or developmental 4
159-disabilities and to the facility within forty-eight (48) hours after his or her examination, and a 5
160-written report within five (5) days after his or her examination. 6
161-SECTION 3. Section 23-74-4 of the General Laws in Chapter 23-74 entitled "Unlicensed 7
162-Health Care Practices" is hereby amended to read as follows: 8
163-23-74-4. Prohibited conduct. 9
164-The director may impose disciplinary action as described in this chapter against any 10
165-unlicensed health care practitioner. The following conduct is prohibited and is grounds for 11
166-disciplinary action: 12
167-(1) Conviction of a crime, including a finding or verdict of guilt, and admission of guilt, or 13
168-a no contest plea, in any court in Rhode Island or any other jurisdiction in the United States, 14
169-reasonably related to engaging in health care practices. Conviction, as used in this subdivision, 15
170-includes a conviction of an offense which, if committed in this state, would be deemed a felony or 16
171-misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where a finding 17
172-or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered. 18
173-(2) Engaging in sexual contact with an unlicensed health care client, engaging in contact 19
174-that may be reasonably interpreted by a client as sexual or engaging in sexual exploitation of a 20
175-client. 21
176-(3) Advertising that is false, fraudulent, deceptive, or misleading. 22
177-(4) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or 23
178-careless disregard for the health or safety of an unlicensed health care client in which case, proof 24
179-of actual injury need not be established. 25
180-(5) Adjudication as mentally incompetent or as a person who is dangerous to self or 26
181-adjudicated as any of the following: chemically dependent, mentally ill, mentally retarded, mentally 27
182-ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous 28
183-person. 29
184-(6) Inability to engage in unlicensed health care practices with reasonable safety to 30
185-unlicensed health care clients. 31
186-(7) Dependence upon controlled substances, habitual drunkenness or engaging in 32
187-unlicensed health care practices while intoxicated or incapacitated by the use of drugs. 33
188-(8) Revealing a communication from, or relating to, an unlicensed health care client except 34
154+LC001634 - Page 5 of 19
155+residence for people who are mentally retarded or persons with intellectual and/or developmental 1
156+disabilities and to the facility within forty-eight (48) hours after his or her examination, and a 2
157+written report within five (5) days after his or her examination. 3
158+SECTION 3. Section 23-74-4 of the General Laws in Chapter 23-74 entitled "Unlicensed 4
159+Health Care Practices" is hereby amended to read as follows: 5
160+23-74-4. Prohibited conduct. 6
161+The director may impose disciplinary action as described in this chapter against any 7
162+unlicensed health care practitioner. The following conduct is prohibited and is grounds for 8
163+disciplinary action: 9
164+(1) Conviction of a crime, including a finding or verdict of guilt, and admission of guilt, or 10
165+a no contest plea, in any court in Rhode Island or any other jurisdiction in the United States, 11
166+reasonably related to engaging in health care practices. Conviction, as used in this subdivision, 12
167+includes a conviction of an offense which, if committed in this state, would be deemed a felony or 13
168+misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where a finding 14
169+or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered. 15
170+(2) Engaging in sexual contact with an unlicensed health care client, engaging in contact 16
171+that may be reasonably interpreted by a client as sexual or engaging in sexual exploitation of a 17
172+client. 18
173+(3) Advertising that is false, fraudulent, deceptive, or misleading. 19
174+(4) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or 20
175+careless disregard for the health or safety of an unlicensed health care client in which case, proof 21
176+of actual injury need not be established. 22
177+(5) Adjudication as mentally incompetent or as a person who is dangerous to self or 23
178+adjudicated as any of the following: chemically dependent, mentally ill, mentally retarded, mentally 24
179+ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous 25
180+person. 26
181+(6) Inability to engage in unlicensed health care practices with reasonable safety to 27
182+unlicensed health care clients. 28
183+(7) Dependence upon controlled substances, habitual drunkenness or engaging in 29
184+unlicensed health care practices while intoxicated or incapacitated by the use of drugs. 30
185+(8) Revealing a communication from, or relating to, an unlicensed health care client except 31
186+when otherwise required or permitted by law. 32
187+(9) Failure to comply with an unlicensed health care client’s request to furnish an 33
188+unlicensed health care client record or report required by law. 34
189189
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191-LC001634/SUB A/3 - Page 6 of 19
192-when otherwise required or permitted by law. 1
193-(9) Failure to comply with an unlicensed health care client’s request to furnish an 2
194-unlicensed health care client record or report required by law. 3
195-(10) Splitting fees or promising to pay a portion of a fee to any other professional other 4
196-than for services rendered by the other professional to the unlicensed health care client. 5
197-(11) Engaging in abusive or fraudulent billing practices, including violations of the federal 6
198-Medicare and Medicaid laws or state medical assistance laws. 7
199-(12) Obtaining money, property, or services from an unlicensed health care client, other 8
200-than reasonable fees for services provided to the client, through the use of undue influence, 9
201-harassment, duress, deception, or fraud. 10
202-(13) Failure to provide an unlicensed health care client with a copy of the client bill of 11
203-rights or violation of any provision of the client bill of rights. 12
204-(14) Violating any order issued by the director. 13
205-(15) Failure to comply with any provision of any rules adopted by the director. 14
206-(16) Failure to comply with any additional disciplinary grounds established by the director 15
207-by rule. 16
208-(17) Revocation, suspension, restriction, limitation, or other disciplinary action against any 17
209-health care license, certificate, registration, or right to practice of the unlicensed health care 18
210-practitioner in this or another state or jurisdiction for offenses that would be subject to disciplinary 19
211-action in this state or failure to report to the department that charges regarding the practitioner’s 20
212-license, certificate, registration, or right of practice have been brought in this or another state or 21
213-jurisdiction. 22
214-(18) False or misleading use of the title “doctor,” “Dr.”, “physician” alone or in 23
215-combination with any other words, letters, or insignia to describe the unlicensed health care 24
216-practices the practitioner provides. 25
217-SECTION 4. Section 31-6-6 of the General Laws in Chapter 31-6 entitled "Registration 26
218-Fees" is hereby amended to read as follows: 27
219-31-6-6. Vehicles exempt from fees. 28
220-(a) No registration fee is required for the registration of motor-driven equipment owned by 29
221-the following: 30
222-(1) American Legion bloodmobile; 31
223-(2) American National Red Cross or any of its chapters within this state; 32
224-(3) American Red Cross, Jamestown chapter ambulance; 33
225-(4) American Red Cross, Tiverton chapter ambulance; 34
191+LC001634 - Page 6 of 19
192+(10) Splitting fees or promising to pay a portion of a fee to any other professional other 1
193+than for services rendered by the other professional to the unlicensed health care client. 2
194+(11) Engaging in abusive or fraudulent billing practices, including violations of the federal 3
195+Medicare and Medicaid laws or state medical assistance laws. 4
196+(12) Obtaining money, property, or services from an unlicensed health care client, other 5
197+than reasonable fees for services provided to the client, through the use of undue influence, 6
198+harassment, duress, deception, or fraud. 7
199+(13) Failure to provide an unlicensed health care client with a copy of the client bill of 8
200+rights or violation of any provision of the client bill of rights. 9
201+(14) Violating any order issued by the director. 10
202+(15) Failure to comply with any provision of any rules adopted by the director. 11
203+(16) Failure to comply with any additional disciplinary grounds established by the director 12
204+by rule. 13
205+(17) Revocation, suspension, restriction, limitation, or other disciplinary action against any 14
206+health care license, certificate, registration, or right to practice of the unlicensed health care 15
207+practitioner in this or another state or jurisdiction for offenses that would be subject to disciplinary 16
208+action in this state or failure to report to the department that charges regarding the practitioner’s 17
209+license, certificate, registration, or right of practice have been brought in this or another state or 18
210+jurisdiction. 19
211+(18) False or misleading use of the title “doctor,” “Dr.”, “physician” alone or in 20
212+combination with any other words, letters, or insignia to describe the unlicensed health care 21
213+practices the practitioner provides. 22
214+SECTION 4. Section 31-6-6 of the General Laws in Chapter 31-6 entitled "Registration 23
215+Fees" is hereby amended to read as follows: 24
216+31-6-6. Vehicles exempt from fees. 25
217+(a) No registration fee is required for the registration of motor-driven equipment owned by 26
218+the following: 27
219+(1) American Legion bloodmobile; 28
220+(2) American National Red Cross or any of its chapters within this state; 29
221+(3) American Red Cross, Jamestown chapter ambulance; 30
222+(4) American Red Cross, Tiverton chapter ambulance; 31
223+(5) American Red Cross, Warwick chapter ambulances; 32
224+(6) Animal Rescue League of Southern Rhode Island truck used for rescue work; 33
225+(7) Burrillville Ambulance Corps ambulance; 34
226226
227227
228-LC001634/SUB A/3 - Page 7 of 19
229-(5) American Red Cross, Warwick chapter ambulances; 1
230-(6) Animal Rescue League of Southern Rhode Island truck used for rescue work; 2
231-(7) Burrillville Ambulance Corps ambulance; 3
232-(8) Burrillville American Legion Post No. 17 ambulances; 4
233-(9) Civil Air Patrol, Rhode Island wing motor vehicle equipment; 5
234-(10) East Greenwich Ambulance Association ambulances; 6
235-(11) East Greenwich American Legion Post No. 15 (incorporated February 20, 1933) 7
236-ambulances; 8
237-(12) East Tiverton Volunteer Fire Department Rescue Squad of Tiverton (a non-business 9
238-corporation, incorporated February 16, 1955) equipment, that motor vehicle being a rescue truck 10
239-equipped with resuscitators, underwater equipment, emergency lighting units with generators, and 11
240-various other devices needed to effect rescue and save lives and property under any emergency and 12
241-used for this purpose only; 13
242-(13) Foster Ambulance Association ambulances; 14
243-(14) Georgiaville Volunteer Fire Company, Smithfield town ambulance; 15
244-(15) Glocester Ambulance Corps, Inc. ambulance; 16
245-(16) Hianloland Farms Fire Engine Company of West Greenwich RI, (a non-business 17
246-corporation, incorporated November 15, 1940) equipment; 18
247-(17) Hope Valley Ambulance Squad, Inc., ambulances and rescue trucks; 19
248-(18) Hope Valley volunteer fire company ambulances; 20
249-(19) Hope Valley volunteer fire company crash-truck; 21
250-(20) Hospital ambulances; 22
251-(21) Johnston Hose Company No. 1 ambulance; 23
252-(22) Johnston Hose Company No. 3 ambulance; 24
253-(23) Lake Mishnock Volunteer Fire Company Rescue Squad, West Greenwich, Rhode 25
254-Island; 26
255-(24) Le Baron C. Colt Memorial Ambulance, Inc. (with plates designated “car 5,” 27
256-providing ambulance service to any resident of the town of Bristol, incorporated October 17, 1923, 28
257-as a charitable corporation) ambulance; 29
258-(25) Narragansett Rescue Corps, Inc., ambulance; 30
259-(26) North Kingstown Ambulance Association, Inc. (incorporated July 23, 1943, as a 31
260-charitable corporation) ambulance; 32
261-(27) North Providence Chamber of Commerce Ambulance Service, Inc. (incorporated 33
262-March 15, 1947, as a charitable corporation) ambulance; 34
228+LC001634 - Page 7 of 19
229+(8) Burrillville American Legion Post No. 17 ambulances; 1
230+(9) Civil Air Patrol, Rhode Island wing motor vehicle equipment; 2
231+(10) East Greenwich Ambulance Association ambulances; 3
232+(11) East Greenwich American Legion Post No. 15 (incorporated February 20, 1933) 4
233+ambulances; 5
234+(12) East Tiverton Volunteer Fire Department Rescue Squad of Tiverton (a non-business 6
235+corporation, incorporated February 16, 1955) equipment, that motor vehicle being a rescue truck 7
236+equipped with resuscitators, underwater equipment, emergency lighting units with generators, and 8
237+various other devices needed to effect rescue and save lives and property under any emergency and 9
238+used for this purpose only; 10
239+(13) Foster Ambulance Association ambulances; 11
240+(14) Georgiaville Volunteer Fire Company, Smithfield town ambulance; 12
241+(15) Glocester Ambulance Corps, Inc. ambulance; 13
242+(16) Hianloland Farms Fire Engine Company of West Greenwich RI, (a non-business 14
243+corporation, incorporated November 15, 1940) equipment; 15
244+(17) Hope Valley Ambulance Squad, Inc., ambulances and rescue trucks; 16
245+(18) Hope Valley volunteer fire company ambulances; 17
246+(19) Hope Valley volunteer fire company crash-truck; 18
247+(20) Hospital ambulances; 19
248+(21) Johnston Hose Company No. 1 ambulance; 20
249+(22) Johnston Hose Company No. 3 ambulance; 21
250+(23) Lake Mishnock Volunteer Fire Company Rescue Squad, West Greenwich, Rhode 22
251+Island; 23
252+(24) Le Baron C. Colt Memorial Ambulance, Inc. (with plates designated “car 5,” 24
253+providing ambulance service to any resident of the town of Bristol, incorporated October 17, 1923, 25
254+as a charitable corporation) ambulance; 26
255+(25) Narragansett Rescue Corps, Inc., ambulance; 27
256+(26) North Kingstown Ambulance Association, Inc. (incorporated July 23, 1943, as a 28
257+charitable corporation) ambulance; 29
258+(27) North Providence Chamber of Commerce Ambulance Service, Inc. (incorporated 30
259+March 15, 1947, as a charitable corporation) ambulance; 31
260+(28) North Smithfield Ambulance Association ambulances; 32
261+(29) North Smithfield Ambulance and Rescue Association rescue wagon and rescue boat 33
262+trailer; 34
263263
264264
265-LC001634/SUB A/3 - Page 8 of 19
266-(28) North Smithfield Ambulance Association ambulances; 1
267-(29) North Smithfield Ambulance and Rescue Association rescue wagon and rescue boat 2
268-trailer; 3
269-(30) Northern Lincoln Volunteer Ambulance Corps ambulance; 4
270-(31) Northern Rhode Island Radio Emergency Associated Citizens Teams (REACT) rescue 5
271-truck and other emergency vehicles; 6
272-(32) Public health league or district nursing association in any city or town in this state; 7
273-(33) Rhode Island American Legion, (incorporated January 29, 1941) first district 8
274-ambulance committee of the department ambulances; 9
275-(34) Rhode Island Association of Retarded Citizens, Northern Rhode Island Chapter motor 10
276-vehicles used for the transportation of retarded citizens Seven Hills Rhode Island; 11
277-(35) Rhode Island Association of Retarded Citizens, South County Chapter motor vehicles 12
278-used for the transportation of retarded children Perspectives Corporation; 13
279-(36) Rhode Island Association for Retarded Children, Westerly-Chariho Chapter motor 14
280-vehicles to be used for the transportation of retarded children Frank Olean Center; 15
281-(37) Rhode Island Society for the Prevention of Cruelty to Animals’ motor vehicles; 16
282-(38) Rhode Island Lions Sight Foundation, Inc., vehicle; 17
283-(39) Rhode Island state departments’ or agencies’ motor vehicles, trailers, or semi-trailers; 18
284-(40) Roy Carpenter’s beach volunteer fire department, Matunuck ambulance; 19
285-(41) Salvation Army of Providence emergency canteen vehicle; 20
286-(42) Scituate Ambulance and Rescue Corps ambulances; 21
287-(43) South County Ambulance Corps, Inc. (incorporated October 28, 1939, as a charitable 22
288-corporation) ambulance; 23
289-(44) South Foster Volunteer Fire Department No. 1 ambulances; 24
290-(45) United States government motor vehicles; 25
291-(46) United States government-accredited motor vehicles owned by a representative of a 26
292-foreign country; 27
293-(47) United States mail rural free delivery driver-owned vehicles. This exemption applies 28
294-to the particular motor vehicle used in carrying that mail, and not to persons or concerns contracting 29
295-to carry the United States mail. The words “United States mail” must be plainly printed on two (2) 30
296-sides of that vehicle; 31
297-(48) Veterans of Foreign Wars bloodmobile; 32
298-(49) Veterans of Foreign Wars, Harold F. Flynn Post No. 263, Woonsocket ambulance; 33
299-(50) Volunteer ambulance or rescue corps ambulance or rescue vehicle of a city or town 34
265+LC001634 - Page 8 of 19
266+(30) Northern Lincoln Volunteer Ambulance Corps ambulance; 1
267+(31) Northern Rhode Island Radio Emergency Associated Citizens Teams (REACT) rescue 2
268+truck and other emergency vehicles; 3
269+(32) Public health league or district nursing association in any city or town in this state; 4
270+(33) Rhode Island American Legion, (incorporated January 29, 1941) first district 5
271+ambulance committee of the department ambulances; 6
272+(34) Rhode Island Association of Retarded Citizens, Northern Rhode Island Chapter motor 7
273+vehicles used for the transportation of retarded citizens; 8
274+(35) Rhode Island Association of Retarded Citizens, South County Chapter motor vehicles 9
275+used for the transportation of retarded children; 10
276+(36) Rhode Island Association for Retarded Children, Westerly-Chariho Chapter motor 11
277+vehicles to be used for the transportation of retarded children; 12
278+(37) Rhode Island Society for the Prevention of Cruelty to Animals’ motor vehicles; 13
279+(38) Rhode Island Lions Sight Foundation, Inc., vehicle; 14
280+(39) Rhode Island state departments’ or agencies’ motor vehicles, trailers, or semi-trailers; 15
281+(40) Roy Carpenter’s beach volunteer fire department, Matunuck ambulance; 16
282+(41) Salvation Army of Providence emergency canteen vehicle; 17
283+(42) Scituate Ambulance and Rescue Corps ambulances; 18
284+(43) South County Ambulance Corps, Inc. (incorporated October 28, 1939, as a charitable 19
285+corporation) ambulance; 20
286+(44) South Foster Volunteer Fire Department No. 1 ambulances; 21
287+(45) United States government motor vehicles; 22
288+(46) United States government-accredited motor vehicles owned by a representative of a 23
289+foreign country; 24
290+(47) United States mail rural free delivery driver-owned vehicles. This exemption applies 25
291+to the particular motor vehicle used in carrying that mail, and not to persons or concerns contracting 26
292+to carry the United States mail. The words “United States mail” must be plainly printed on two (2) 27
293+sides of that vehicle; 28
294+(48) Veterans of Foreign Wars bloodmobile; 29
295+(49) Veterans of Foreign Wars, Harold F. Flynn Post No. 263, Woonsocket ambulance; 30
296+(50) Volunteer ambulance or rescue corps ambulance or rescue vehicle of a city or town 31
297+used in transporting sick or injured patients; 32
298+(51) Westerly Ambulance Corps boat-trailer; 33
299+(52) Westerly Ambulance Corps crash-truck; and 34
300300
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302-LC001634/SUB A/3 - Page 9 of 19
303-used in transporting sick or injured patients; 1
304-(51) Westerly Ambulance Corps boat-trailer; 2
305-(52) Westerly Ambulance Corps crash-truck; and 3
306-(53) Westerly Ambulance Corps ambulances. 4
307-(b) Each owner may be required to pay the cost price of the number plates or markers 5
308-required to be displayed on its vehicle. 6
309-SECTION 5. Section 33-5-4 of the General Laws in Chapter 33-5 entitled "Execution and 7
310-Revocation of Wills" is hereby amended to read as follows: 8
311-33-5-4. Nomination of guardian by will. 9
312-Every person authorized by law to make a will may nominate by his or her will a guardian 10
313-or guardians for his or her children during their minority, and a successor guardian or guardians for 11
314-persons who are retarded with intellectual or developmental disabilities as defined in chapter 22 of 12
315-title 40.1 for whom he or she had been appointed guardian during his or her lifetime, and the probate 13
316-court shall appoint the guardian or guardians unless good cause be shown to the contrary; provided, 14
317-that, in the case of husband and wife, the survivor, being otherwise qualified, shall be the guardian 15
318-of their children. 16
319-SECTION 6. Section 34-4-25 of the General Laws in Chapter 34-4 entitled "Estates in Real 17
320-Property" is hereby amended to read as follows: 18
321-34-4-25. Invalidity of certain restrictive covenants. 19
322-Since many mentally retarded and mentally disabled individuals with intellectual or 20
323-developmental disabilities or who are mentally disabled are able to live in the community with 21
324-some assistance, it is the public policy of the state of Rhode Island to establish community 22
325-residences in residential areas. Therefore, any restrictive covenant or other private legal 23
326-impediment which directly or indirectly prevents or restricts the establishment of licensed 24
327-community residences as defined in § 40.1-24-1 for eight (8) or fewer mentally retarded or mentally 25
328-disabled persons with intellectual or developmental disabilities shall be void and unenforceable as 26
329-to those community residences. 27
330-SECTION 7. Chapter 40.1-8 of the General Laws entitled "Governor’s Committee on 28
331-Mental Retardation" is hereby repealed in its entirety. 29
332-CHAPTER 40.1-8 30
333-Governor’s Committee on Mental Retardation 31
334-40.1-8-1. Creation — Members. 32
335-(a) There is hereby created a fourteen (14) member permanent committee to be known as 33
336-the “Governor’s Committee on Mental Retardation,” hereinafter referred to as “the committee”: 34
302+LC001634 - Page 9 of 19
303+(53) Westerly Ambulance Corps ambulances. 1
304+(b) Each owner may be required to pay the cost price of the number plates or markers 2
305+required to be displayed on its vehicle. 3
306+SECTION 5. Section 33-5-4 of the General Laws in Chapter 33-5 entitled "Execution and 4
307+Revocation of Wills" is hereby amended to read as follows: 5
308+33-5-4. Nomination of guardian by will. 6
309+Every person authorized by law to make a will may nominate by his or her will a guardian 7
310+or guardians for his or her children during their minority, and a successor guardian or guardians for 8
311+persons who are retarded with intellectual and/or developmental disabilities as defined in chapter 9
312+22 of title 40.1 for whom he or she had been appointed guardian during his or her lifetime, and the 10
313+probate court shall appoint the guardian or guardians unless good cause be shown to the contrary; 11
314+provided, that, in the case of husband and wife, the survivor, being otherwise qualified, shall be the 12
315+guardian of their children. 13
316+SECTION 6. Section 34-4-25 of the General Laws in Chapter 34-4 entitled "Estates in Real 14
317+Property" is hereby amended to read as follows: 15
318+34-4-25. Invalidity of certain restrictive covenants. 16
319+Since many mentally retarded and mentally disabled individuals with intellectual and/or 17
320+developmental disabilities or who are mentally disabled are able to live in the community with 18
321+some assistance, it is the public policy of the state of Rhode Island to establish community 19
322+residences in residential areas. Therefore, any restrictive covenant or other private legal 20
323+impediment which directly or indirectly prevents or restricts the establishment of licensed 21
324+community residences as defined in § 40.1-24-1 for eight (8) or fewer mentally retarded or mentally 22
325+disabled persons with intellectual and/or developmental disabilities shall be void and unenforceable 23
326+as to those community residences. 24
327+SECTION 7. Chapter 40.1-8 of the General Laws entitled "Governor’s Committee on 25
328+Mental Retardation" is hereby repealed in its entirety. 26
329+CHAPTER 40.1-8 27
330+Governor’s Committee on Mental Retardation 28
331+40.1-8-1. Creation — Members. 29
332+(a) There is hereby created a fourteen (14) member permanent committee to be known as 30
333+the “Governor’s Committee on Mental Retardation,” hereinafter referred to as “the committee”: 31
334+(1) Six (6) of whom shall be representatives of non-governmental organizations or groups 32
335+concerned with education, employment, rehabilitation, welfare, and health, to be appointed by the 33
336+governor; 34
337337
338338
339-LC001634/SUB A/3 - Page 10 of 19
340-(1) Six (6) of whom shall be representatives of non-governmental organizations or groups 1
341-concerned with education, employment, rehabilitation, welfare, and health, to be appointed by the 2
342-governor; 3
343-(2) Six (6) of whom shall be representatives of consumers who are mentally retarded, of 4
344-this group, three (3) of whom shall be selected from a list of nominees submitted by the RI ARC, 5
345-to be appointed by the governor; 6
346-(3) One of whom shall be from the house of representatives to be appointed by the speaker; 7
347-(4) And one of whom shall be from the senate to be appointed by the president of the senate. 8
348-(b) The assistant director for developmental disabilities within the department of behavioral 9
349-healthcare, developmental disabilities and hospitals shall serve as an ex officio member but shall 10
350-not be eligible to vote. 11
351-(c) No employee of any state agency or institution engaged in the care or training of persons 12
352-who are mentally retarded shall be eligible for appointment to the committee. 13
353-40.1-8-2. Terms of appointment. 14
354-(a) Of the nonlegislative members appointed originally under this chapter, one-third (⅓) 15
355-shall be appointed for a term of one year; one-third (⅓) shall be appointed for a term of two (2) 16
356-years; and one-third (⅓) shall be appointed for a term of three (3) years. The two (2) legislative 17
357-members shall serve for the length of their current elected term in office and reappointment or 18
358-replacement shall be for like terms. Thereafter, vacancies created by the expiration of terms shall 19
359-be filled with appointments for terms of three (3) years. Members whose terms expire may be 20
360-reappointed to succeed themselves. 21
361-(b) Vacancies occurring prior to the expiration of the term for which appointed shall be 22
362-filled by appointment in like manner for the remainder of the term. 23
363-40.1-8-3. Appointment of officers and employees — Rules — Meetings. 24
364-(a) The governor shall designate one member of the committee to serve as its chairperson 25
365-during the governor’s term of office or until he or she appoints another member of the committee 26
366-to serve in that capacity. The committee shall elect annually, from among its members, a vice 27
367-chairperson, who shall serve as such until a successor is elected and who is authorized to act as 28
368-chairperson pro tempore of the committee during the absence of the chairperson or should there be 29
369-a vacancy for any cause in the office of the chairperson. The committee shall appoint an executive 30
370-secretary to serve as executive officer and secretary of the committee. The executive secretary may 31
371-be the employee of another agency of state government, appointed to serve as executive secretary 32
372-of the committee, with the consent of the executive office of the secretary’s own agency. 33
373-(b) The committee may appoint such other personnel as may be necessary for the efficient 34
339+LC001634 - Page 10 of 19
340+(2) Six (6) of whom shall be representatives of consumers who are mentally retarded, of 1
341+this group, three (3) of whom shall be selected from a list of nominees submitted by the RI ARC, 2
342+to be appointed by the governor; 3
343+(3) One of whom shall be from the house of representatives to be appointed by the speaker; 4
344+(4) And one of whom shall be from the senate to be appointed by the president of the senate. 5
345+(b) The assistant director for developmental disabilities within the department of behavioral 6
346+healthcare, developmental disabilities and hospitals shall serve as an ex officio member but shall 7
347+not be eligible to vote. 8
348+(c) No employee of any state agency or institution engaged in the care or training of persons 9
349+who are mentally retarded shall be eligible for appointment to the committee. 10
350+40.1-8-2. Terms of appointment. 11
351+(a) Of the nonlegislative members appointed originally under this chapter, one-third (⅓) 12
352+shall be appointed for a term of one year; one-third (⅓) shall be appointed for a term of two (2) 13
353+years; and one-third (⅓) shall be appointed for a term of three (3) years. The two (2) legislative 14
354+members shall serve for the length of their current elected term in office and reappointment or 15
355+replacement shall be for like terms. Thereafter, vacancies created by the expiration of terms shall 16
356+be filled with appointments for terms of three (3) years. Members whose terms expire may be 17
357+reappointed to succeed themselves. 18
358+(b) Vacancies occurring prior to the expiration of the term for which appointed shall be 19
359+filled by appointment in like manner for the remainder of the term. 20
360+40.1-8-3. Appointment of officers and employees — Rules — Meetings. 21
361+(a) The governor shall designate one member of the committee to serve as its chairperson 22
362+during the governor’s term of office or until he or she appoints another member of the committee 23
363+to serve in that capacity. The committee shall elect annually, from among its members, a vice 24
364+chairperson, who shall serve as such until a successor is elected and who is authorized to act as 25
365+chairperson pro tempore of the committee during the absence of the chairperson or should there be 26
366+a vacancy for any cause in the office of the chairperson. The committee shall appoint an executive 27
367+secretary to serve as executive officer and secretary of the committee. The executive secretary may 28
368+be the employee of another agency of state government, appointed to serve as executive secretary 29
369+of the committee, with the consent of the executive office of the secretary’s own agency. 30
370+(b) The committee may appoint such other personnel as may be necessary for the efficient 31
371+performance of the duties prescribed by this chapter. 32
372+(c) The committee shall make rules for the conduct of its affairs, and shall meet at least 33
373+bimonthly, and at other times upon the call of the chair or the written request of any two (2) 34
374374
375375
376-LC001634/SUB A/3 - Page 11 of 19
377-performance of the duties prescribed by this chapter. 1
378-(c) The committee shall make rules for the conduct of its affairs, and shall meet at least 2
379-bimonthly, and at other times upon the call of the chair or the written request of any two (2) 3
380-members. 4
381-40.1-8-4. Compensation and expenses of committee. 5
382-The members of the committee shall receive no compensation for their services as 6
383-committee members, but may, at the discretion of the governor, be reimbursed for traveling and 7
384-other expenses actually incurred in the performance of their official duties. 8
385-40.1-8-5. Purpose of committee. 9
386-(a) It shall be the duty of the committee to work in cooperation with the President’s 10
387-Committee for People with Intellectual Disabilities and such other interested federal and state 11
388-agencies, private organizations, and community groups in promoting the amelioration of mental 12
389-retardation through the utilization of whatever community and state resources the committee may 13
390-deem necessary to accomplish this. 14
391-(b) The committee shall consider and advise the governor, through the office of mental 15
392-retardation, and the department of behavioral healthcare, developmental disabilities and hospitals, 16
393-on such mental retardation legislation and other retardation matters as its members, the governor, 17
394-the director of the department of behavioral healthcare, developmental disabilities and hospitals, 18
395-and the assistant director for mental retardation may request; including, but not being limited to, 19
396-advising and consulting with the office of mental retardation concerning improving the care, 20
397-rehabilitation, and the training of mentally retarded persons, purchase of facilities, plans for 21
398-construction of mental retardation facilities and the administration of programs and facilities 22
399-(private and public) which receive state funds for the purpose of ameliorating mental retardation 23
400-and/or otherwise providing services for mentally retarded persons. 24
401-40.1-8-6. Authority to receive gifts. 25
402-The committee is authorized to receive any gifts, grants, or donations made for any of the 26
403-purposes of its program, and to disburse and administer the same in accordance with the terms 27
404-thereof. 28
405-SECTION 8. Section 40.1-24.5-1 of the General Laws in Chapter 40.1-24.5 entitled 29
406-"Community Residences" is hereby amended to read as follows: 30
407-40.1-24.5-1. Definitions. 31
408-Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 32
409-pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, 33
410-developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly 34
376+LC001634 - Page 11 of 19
377+members. 1
378+40.1-8-4. Compensation and expenses of committee. 2
379+The members of the committee shall receive no compensation for their services as 3
380+committee members, but may, at the discretion of the governor, be reimbursed for traveling and 4
381+other expenses actually incurred in the performance of their official duties. 5
382+40.1-8-5. Purpose of committee. 6
383+(a) It shall be the duty of the committee to work in cooperation with the President’s 7
384+Committee for People with Intellectual Disabilities and such other interested federal and state 8
385+agencies, private organizations, and community groups in promoting the amelioration of mental 9
386+retardation through the utilization of whatever community and state resources the committee may 10
387+deem necessary to accomplish this. 11
388+(b) The committee shall consider and advise the governor, through the office of mental 12
389+retardation, and the department of behavioral healthcare, developmental disabilities and hospitals, 13
390+on such mental retardation legislation and other retardation matters as its members, the governor, 14
391+the director of the department of behavioral healthcare, developmental disabilities and hospitals, 15
392+and the assistant director for mental retardation may request; including, but not being limited to, 16
393+advising and consulting with the office of mental retardation concerning improving the care, 17
394+rehabilitation, and the training of mentally retarded persons, purchase of facilities, plans for 18
395+construction of mental retardation facilities and the administration of programs and facilities 19
396+(private and public) which receive state funds for the purpose of ameliorating mental retardation 20
397+and/or otherwise providing services for mentally retarded persons. 21
398+40.1-8-6. Authority to receive gifts. 22
399+The committee is authorized to receive any gifts, grants, or donations made for any of the 23
400+purposes of its program, and to disburse and administer the same in accordance with the terms 24
401+thereof. 25
402+SECTION 8. Section 40.1-24.5-1 of the General Laws in Chapter 40.1-24.5 entitled 26
403+"Community Residences" is hereby amended to read as follows: 27
404+40.1-24.5-1. Definitions. 28
405+Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 29
406+pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, 30
407+developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly 31
408+stated, or unless the context or subject matter otherwise requires: 32
409+(1) “Community residence” means a place, such as a group home, however named, licensed 33
410+pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological 34
411411
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413-LC001634/SUB A/3 - Page 12 of 19
414-stated, or unless the context or subject matter otherwise requires: 1
415-(1) “Community residence” means a place, such as a group home, however named, licensed 2
416-pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological 3
417-support, skills training, social guidance, and living accommodations to individuals who are 4
418-mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be 5
419-deemed to include places, however named, for persons with intellectual or developmental 6
420-disabilities, or who are mentally retarded, alcoholics, or drug abusers persons with substance use 7
421-disorders. 8
422-(2) “Director” means the head or the chief administrative officer of the community 9
423-residence, or his or her designee. 10
424-(3) “Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to 11
425-enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and 12
426-40.1-24.5-6. 13
427-(4) “Individualized service plan” means the document that sets forth specific services, such 14
428-as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and 15
429-express short- and long-term goals and objectives responsive to the individual needs of the resident. 16
430-(5) “Mental health advocate” means and refers to the individual appointed by the governor 17
431-with the advice and consent of the senate in accordance with § 40.1-5-14 and to his or her duly 18
432-appointed assistants. 19
433-(6) “Person” means any individual, partnership, corporation, company, or association and 20
434-the legal successors in interest thereof. 21
435-(7) “Resident” means an individual of lawful age admitted to a community residence. 22
436-SECTION 9. Sections 40.1-21-4.3 and 40.1-21-11 of the General Laws in Chapter 40.1-21 23
437-entitled "Division of Developmental Disabilities" are hereby amended to read as follows: 24
438-40.1-21-4.3. Definitions. 25
439-As used in this chapter and in chapter 22 of this title the words: 26
440-(5)(1) “Developmentally disabled adult” "Adult with intellectual or developmental 27
441-disabilities" means a person, eighteen (18) years old or older and not under the jurisdiction of the 28
442-department of children, youth and families who is either a mentally retarded developmentally 29
443-disabled an adult with intellectual or developmental disabilities or is a person with a severe, chronic 30
444-disability that: 31
445-(i) Is attributable to a mental or physical impairment or combination of mental and physical 32
446-impairments; 33
447-(ii) Is manifested before the person attains age twenty-two (22); 34
413+LC001634 - Page 12 of 19
414+support, skills training, social guidance, and living accommodations to individuals who are 1
415+mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be 2
416+deemed to include places, however named, for persons with intellectual and/or developmental 3
417+disabilities, or who are mentally retarded, alcoholics, or drug abusers persons with substance use 4
418+disorders. 5
419+(2) “Director” means the head or the chief administrative officer of the community 6
420+residence, or his or her designee. 7
421+(3) “Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to 8
422+enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and 9
423+40.1-24.5-6. 10
424+(4) “Individualized service plan” means the document that sets forth specific services, such 11
425+as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and 12
426+express short- and long-term goals and objectives responsive to the individual needs of the resident. 13
427+(5) “Mental health advocate” means and refers to the individual appointed by the governor 14
428+with the advice and consent of the senate in accordance with § 40.1-5-14 and to his or her duly 15
429+appointed assistants. 16
430+(6) “Person” means any individual, partnership, corporation, company, or association and 17
431+the legal successors in interest thereof. 18
432+(7) “Resident” means an individual of lawful age admitted to a community residence. 19
433+SECTION 9. Sections 40.1-21-4.3 and 40.1-21-11 of the General Laws in Chapter 40.1-21 20
434+entitled "Division of Developmental Disabilities" are hereby amended to read as follows: 21
435+40.1-21-4.3. Definitions. 22
436+As used in this chapter and in chapter 22 of this title the words: 23
437+(5)(1) “Developmentally disabled adult” "Adult with intellectual and/or developmental 24
438+disabilities" means a person, eighteen (18) years old or older and not under the jurisdiction of the 25
439+department of children, youth and families who is either a mentally retarded developmentally 26
440+disabled an adult with intellectual and/or developmental disabilities or is a person with a severe, 27
441+chronic disability that: 28
442+(i) Is attributable to a mental or physical impairment or combination of mental and physical 29
443+impairments; 30
444+(ii) Is manifested before the person attains age twenty-two (22); 31
445+(iii) Is likely to continue indefinitely; 32
446+(iv) Results in substantial functional limitations in three (3) or more of the following areas 33
447+of major life activity: 34
448448
449449
450-LC001634/SUB A/3 - Page 13 of 19
451-(iii) Is likely to continue indefinitely; 1
452-(iv) Results in substantial functional limitations in three (3) or more of the following areas 2
453-of major life activity: 3
454-(A) Self care; 4
455-(B) Receptive and expressive language; 5
456-(C) Learning; 6
457-(D) Mobility; 7
458-(E) Self-direction; 8
459-(F) Capacity for independent living; 9
460-(G) Economic self-sufficiency; and 10
461-(v) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 11
462-or generic care, treatment, or other services that are of lifelong or extended duration and are 12
463-individually planned and coordinated. For purposes of funding, it is understood that students 13
464-enrolled in school will continue to receive education from their local education authority in 14
465-accordance with § 16-24-1 et seq. 15
466-(vi) In addition, the words “adult with intellectual or developmental disabilities” also 16
467-means a person eighteen (18) years old or older and not under the jurisdiction of the department of 17
468-children, youth and families, with significant sub-average, general intellectual functioning two (2) 18
469-standard deviations below the norm, existing concurrently with deficits in adaptive behavior and 19
470-manifested during the developmental period. For purposes of funding, it is understood that students 20
471-enrolled in school will continue to receive education from their local education authority in 21
472-accordance with § 16-21 24-1 et seq. 22
473-(1)(2) “Ancillary services” means those services provided, and shall include, but not be 23
474-limited to, transportation, housing, housing adaptation, personal attendant care, and homemaker 24
475-services. 25
476-(2)(3) “Case management” means the implementation of an individual’s program by 26
477-providing information, by referral to appropriate service providers, by procurement of services, and 27
478-by the coordination of the necessary services. 28
479-(3)(4) “Department” means the Rhode Island department of behavioral healthcare, 29
480-developmental disabilities and hospitals. 30
481-(4)(5) “Developmental services” means those services provided to developmentally 31
482-disabled adults, and shall include, but not be limited to, habilitation and rehabilitation services, and 32
483-day services. 33
484-(6) “Diagnosis and evaluation” means a process to determine whether and to what extent 34
450+LC001634 - Page 13 of 19
451+(A) Self care; 1
452+(B) Receptive and expressive language; 2
453+(C) Learning; 3
454+(D) Mobility; 4
455+(E) Self-direction; 5
456+(F) Capacity for independent living; 6
457+(G) Economic self-sufficiency; and 7
458+(v) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 8
459+or generic care, treatment, or other services that are of lifelong or extended duration and are 9
460+individually planned and coordinated. For purposes of funding, it is understood that students 10
461+enrolled in school will continue to receive education from their local education authority in 11
462+accordance with § 16-24-1 et seq. 12
463+(1)(2) “Ancillary services” means those services provided, and shall include, but not be 13
464+limited to, transportation, housing, housing adaptation, personal attendant care, and homemaker 14
465+services. 15
466+(2)(3) “Case management” means the implementation of an individual’s program by 16
467+providing information, by referral to appropriate service providers, by procurement of services, and 17
468+by the coordination of the necessary services. 18
469+(3)(4) “Department” means the Rhode Island department of behavioral healthcare, 19
470+developmental disabilities and hospitals. 20
471+(4)(5) “Developmental services” means those services provided to developmentally 21
472+disabled adults, and shall include, but not be limited to, habilitation and rehabilitation services, and 22
473+day services. 23
474+(6) “Diagnosis and evaluation” means a process to determine whether and to what extent 24
475+an individual is intellectually and/or developmentally disabled and a study of the individua l’s 25
476+condition, situation, and needs that lead to a recommendation of what services, if any, would benefit 26
477+the individual. 27
478+(7) “Individualized program plan” or “general service plan” means a plan, however named, 28
479+that includes, but shall not be limited to, the following: 29
480+(i) An evaluation of the strengths, difficulties, needs, and goals of the individual; 30
481+(ii) A description of those services found to be necessary or appropriate to assist the 31
482+individual in realizing his or her potential for self-sufficiency in major life activities; 32
483+(iii) A description of the agencies and/or individuals, who or that are proposed to provide 33
484+each of the recommended services; 34
485485
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488-an individual is intellectually or developmentally disabled and a study of the individual’s condition, 1
489-situation, and needs that lead to a recommendation of what services, if any, would benefit the 2
490-individual. 3
491-(7) “Individualized program plan” or “general service plan” means a plan, however named, 4
492-that includes, but shall not be limited to, the following: 5
493-(i) An evaluation of the strengths, difficulties, needs, and goals of the individual; 6
494-(ii) A description of those services found to be necessary or appropriate to assist the 7
495-individual in realizing his or her potential for self-sufficiency in major life activities; 8
496-(iii) A description of the agencies and/or individuals, who or that are proposed to provide 9
497-each of the recommended services; 10
498-(iv) The intermediate and long-range objectives for the individual’s development and 11
499-habilitation; 12
500-(v) The expected duration for the provision of the services; 13
501-(vi) A description of the tests and other evaluative devices used and their results; 14
502-(vii) Proposed criteria for monitoring and evaluating the success of the services in meeting 15
503-the individual’s needs; and 16
504-(viii) The signatures of the preparers of the plan and the date. 17
505-The individual program plan shall indicate developmental, supportive, or ancillary services 18
506-by function and frequency, the manner of subsidy and delivery and the categories of need for 19
507-services such as transportation, job training, or occupation, housing, housing adaptation, personal 20
508-attendant care, homemaker, or other services. This plan shall be reviewed at least annually; 21
509-provided, however, that authorizations for services and funding issued prior to July 1, 2011, are 22
510-null and void. Authorizations will be paid at the rate effective in the quarter the service was 23
511-provided. 24
512-(8) “Mentally retarded developmentally disabled adult” means a person eighteen (18) years 25
513-old or older and not under the jurisdiction of the department of children, youth and families, with 26
514-significant sub-average, general intellectual functioning two (2) standard deviations below the 27
515-norm, existing concurrently with deficits in adaptive behavior and manifested during the 28
516-developmental period. For purposes of funding, it is understood that students enrolled in school 29
517-will continue to receive education from their local education authority in accordance with § 16-30
518-24-1 et seq. 31
519-(9)(8) “Service broker” means that individual who assists in facilitating the connection 32
520-between the developmentally disabled person with intellectual or developmental disabilities and 33
521-the services required by the individual program plan. 34
487+LC001634 - Page 14 of 19
488+(iv) The intermediate and long-range objectives for the individual’s development and 1
489+habilitation; 2
490+(v) The expected duration for the provision of the services; 3
491+(vi) A description of the tests and other evaluative devices used and their results; 4
492+(vii) Proposed criteria for monitoring and evaluating the success of the services in meeting 5
493+the individual’s needs; and 6
494+(viii) The signatures of the preparers of the plan and the date. 7
495+The individual program plan shall indicate developmental, supportive, or ancillary services 8
496+by function and frequency, the manner of subsidy and delivery and the categories of need for 9
497+services such as transportation, job training, or occupation, housing, housing adaptation, personal 10
498+attendant care, homemaker, or other services. This plan shall be reviewed at least annually; 11
499+provided, however, that authorizations for services and funding issued prior to July 1, 2011, are 12
500+null and void. Authorizations will be paid at the rate effective in the quarter the service was 13
501+provided. 14
502+(8) “Mentally retarded developmentally disabled adult” means a person eighteen (18) years 15
503+old or older and not under the jurisdiction of the department of children, youth and families, with 16
504+significant sub-average, general intellectual functioning two (2) standard deviations below the 17
505+norm, existing concurrently with deficits in adaptive behavior and manifested during the 18
506+developmental period. For purposes of funding, it is understood that students enrolled in school 19
507+will continue to receive education from their local education authority in accordance with § 16-20
508+24-1 et seq. 21
509+(9)(8) “Service broker” means that individual who assists in facilitating the connection 22
510+between the developmentally disabled person with intellectual and/or developmental disabilities 23
511+and the services required by the individual program plan. 24
512+(10)(9) “Subsidized access to service” means the provisions of financial resources through 25
513+vouchers to a developmentally disabled person with intellectual and/or developmental disabilities 26
514+to enable the person to gain access to appropriate generic and/or special services as required by the 27
515+individual program plan. 28
516+(11)(10) “Supportive services” means those services provided to developmentally disabled 29
517+adults with intellectual and/or developmental disabilities, and shall include, but not be limited to, 30
518+occupational therapy, physical therapy, psychological services, counseling, nursing services, and 31
519+medical services. 32
520+40.1-21-11. References to director or assistant director of social welfare. 33
521+Whenever, in any general or special law, reference is or shall be made to the director of 34
522522
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525-(10)(9) “Subsidized access to service” means the provisions of financial resources through 1
526-vouchers to a developmentally disabled person with intellectual or developmental disabilities to 2
527-enable the person to gain access to appropriate generic and/or special services as required by the 3
528-individual program plan. 4
529-(11)(10) “Supportive services” means those services provided to developmentally disabled 5
530-adults with intellectual or developmental disabilities, and shall include, but not be limited to, 6
531-occupational therapy, physical therapy, psychological services, counseling, nursing services, and 7
532-medical services. 8
533-40.1-21-11. References to director or assistant director of social welfare. 9
534-Whenever, in any general or special law, reference is or shall be made to the director of 10
535-social welfare or the assistant director of social welfare for curative services pertaining to the 11
536-Doctor Joseph H. Ladd Center, programs, and services for people who are mentally retarded with 12
537-intellectual or developmental disabilities, the reference shall mean, and be construed to mean, the 13
538-director of behavioral healthcare, developmental disabilities and hospitals. 14
539-SECTION 10. Sections 40.1-22-3 and 40.1-22-9 of the General Laws in Chapter 40.1-22 15
540-entitled "Developmental Disabilities" are hereby amended to read as follows: 16
541-40.1-22-3. Definitions. 17
542-Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 18
543-pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly 19
544-stated, or unless the context or subject matter otherwise requires: 20
545-(1) “Client” means any developmentally disabled adult who is in potential need of, or is 21
546-receiving, services aimed at alleviating his or her condition of functional dependence. 22
547-(2) “Department” means the department of behavioral healthcare, developmental 23
548-disabilities and hospitals. 24
549-(3) “Development, education, rehabilitation, and care” means physical development, 25
550-application of these abilities to meaningful occupations, development of personal and social skills, 26
551-all of which are directed to the objective of independent living and self-maintenance. Care also 27
552-includes medical care, surgical attendance, medication, as well as food, clothing, supervision, and 28
553-maintenance furnished to a resident. 29
554-(4) “Director” means the director of the department of behavioral healthcare, 30
555-developmental disabilities and hospitals or his or her designees. 31
556-(5) “Facility” means any public or private facility, inpatient rehabilitation center, hospital, 32
557-institution, or other domiciliary facility, the office of developmental disabilities or any part thereof, 33
558-equipped to habilitate, on a residential basis, persons who are intellectually or developmentally 34
524+LC001634 - Page 15 of 19
525+social welfare or the assistant director of social welfare for curative services pertaining to the 1
526+Doctor Joseph H. Ladd Center, programs, and services for people who are mentally retarded with 2
527+intellectual and/or developmental disabilities, the reference shall mean, and be construed to mean, 3
528+the director of behavioral healthcare, developmental disabilities and hospitals. 4
529+SECTION 10. Sections 40.1-22-3 and 40.1-22-9 of the General Laws in Chapter 40.1-22 5
530+entitled "Developmental Disabilities" are hereby amended to read as follows: 6
531+40.1-22-3. Definitions. 7
532+Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 8
533+pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly 9
534+stated, or unless the context or subject matter otherwise requires: 10
535+(1) “Client” means any developmentally disabled adult who is in potential need of, or is 11
536+receiving, services aimed at alleviating his or her condition of functional dependence. 12
537+(2) “Department” means the department of behavioral healthcare, developmental 13
538+disabilities and hospitals. 14
539+(3) “Development, education, rehabilitation, and care” means physical development, 15
540+application of these abilities to meaningful occupations, development of personal and social skills, 16
541+all of which are directed to the objective of independent living and self-maintenance. Care also 17
542+includes medical care, surgical attendance, medication, as well as food, clothing, supervision, and 18
543+maintenance furnished to a resident. 19
544+(4) “Director” means the director of the department of behavioral healthcare, 20
545+developmental disabilities and hospitals or his or her designees. 21
546+(5) “Facility” means any public or private facility, inpatient rehabilitation center, hospital, 22
547+institution, or other domiciliary facility, the office of developmental disabilities or any part thereof, 23
548+equipped to habilitate, on a residential basis, persons who are intellectually and/or developmentally 24
549+disabled and in need of residential care. This shall include any facility maintaining adequate staff 25
550+and facilities within the state providing in-residence supervision and habilitation and approved by 26
551+the director upon application of the facility. Included within this definition shall be all institutions 27
552+and facilities under the control and direction of the director. Nothing contained herein shall be 28
553+construed to amend or repeal any of the provisions of chapters 17 or 17.4 of title 23, or of chapter 29
554+15 of title 40, or of chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shall be brought 30
555+to the attention of the director that any private facility may not have adequate staff, or facilities as 31
556+determined by regulations of the director, then the facility shall not be approved for the placement 32
557+of developmentally disabled adults with intellectual and/or developmental disabilities under the 33
558+provisions of this chapter. 34
559559
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562-disabled and in need of residential care. This shall include any facility maintaining adequate staff 1
563-and facilities within the state providing in-residence supervision and habilitation and approved by 2
564-the director upon application of the facility. Included within this definition shall be all institutions 3
565-and facilities under the control and direction of the director. Nothing contained herein shall be 4
566-construed to amend or repeal any of the provisions of chapters 17 or 17.4 of title 23, or of chapter 5
567-15 of title 40, or of chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shall be brought 6
568-to the attention of the director that any private facility may not have adequate staff, or facilities as 7
569-determined by regulations of the director, then the facility shall not be approved for the placement 8
570-of developmentally disabled adults with intellectual or developmental disabilities under the 9
571-provisions of this chapter. 10
572-(6) “Notice” means written notice in as simple and non-technical language as practicable 11
573-as required by the department, or the court of competent jurisdiction. The notice shall be in writing 12
574-to the director of the department by registered or certified mail, return receipt required. Notice sent 13
575-to a client shall also include verbal reading of the written notice by duly authorized agents of the 14
576-department, and/or court. The agents shall make verified return of the oral notification as well as 15
577-the written. This requirement of oral notice to anyone alleged to be intellectually or 16
578-developmentally disabled shall be required because of the recognized limitation that many retarded 17
579-and developmentally disabled persons with intellectual or developmental disabilities are unable to 18
580-comprehend written notices. 19
581-(7) “Objection.” If an objection is raised it shall be in writing, of a timely nature, and filed 20
582-with the clerk of the family or district court, a copy of which is to be sent to the director of the 21
583-department via registered or certified mail, return receipt requested. 22
584-(8) “Parent” means the natural, adoptive, foster parent or caretaker of the child. 23
585-(9) “Qualified intellectual disability professional (QIDP)” means a person as defined in 42 24
586-C.F.R. 483.430, as amended. 25
587-(10) “Team” means an interdisciplinary team which includes such professional personnel 26
588-designated by the director and which shall consist of no less than three (3) persons selected by order 27
589-of the director, no less than one of whom shall be a licensed physician, no less than one of whom 28
590-shall be a member of the social work profession, and no less than one of whom shall be a qualified 29
591-intellectual disability professional (QIDP). 30
592-40.1-22-9. Admission upon application of director, relative, or guardian. 31
593-(a)(1) Upon the application of the director of the department of behavioral healthcare, 32
594-developmental disabilities and hospitals or his or her designee, or of any relative, next of kin, or 33
595-legally designated guardian of a person alleged to be developmentally disabled, and in need of 34
561+LC001634 - Page 16 of 19
562+(6) “Notice” means written notice in as simple and non-technical language as practicable 1
563+as required by the department, or the court of competent jurisdiction. The notice shall be in writing 2
564+to the director of the department by registered or certified mail, return receipt required. Notice sent 3
565+to a client shall also include verbal reading of the written notice by duly authorized agents of the 4
566+department, and/or court. The agents shall make verified return of the oral notification as well as 5
567+the written. This requirement of oral notice to anyone alleged to be intellectually and/or 6
568+developmentally disabled shall be required because of the recognized limitation that many retarded 7
569+and developmentally disabled persons with intellectual and/or developmental disabilities are unable 8
570+to comprehend written notices. 9
571+(7) “Objection.” If an objection is raised it shall be in writing, of a timely nature, and filed 10
572+with the clerk of the family or district court, a copy of which is to be sent to the director of the 11
573+department via registered or certified mail, return receipt requested. 12
574+(8) “Parent” means the natural, adoptive, foster parent or caretaker of the child. 13
575+(9) “Qualified intellectual disability professional (QIDP)” means a person as defined in 42 14
576+C.F.R. 483.430, as amended. 15
577+(10) “Team” means an interdisciplinary team which includes such professional personnel 16
578+designated by the director and which shall consist of no less than three (3) persons selected by order 17
579+of the director, no less than one of whom shall be a licensed physician, no less than one of whom 18
580+shall be a member of the social work profession, and no less than one of whom shall be a qualified 19
581+intellectual disability professional (QIDP). 20
582+40.1-22-9. Admission upon application of director, relative, or guardian. 21
583+(a)(1) Upon the application of the director of the department of behavioral healthcare, 22
584+developmental disabilities and hospitals or his or her designee, or of any relative, next of kin, or 23
585+legally designated guardian of a person alleged to be developmentally disabled, and in need of 24
586+immediate care and treatment, the superintendent or other official in charge of any facility may 25
587+receive the person; provided the application is accompanied by the certificate of one examining 26
588+physician; provided further, that the person alleged to be intellectually and/or developmentally 27
589+disabled does not object to admission, or that parents, guardian, spouse, or next of kin do not object 28
590+if under eighteen (18); and provided further, that the need for residential care shall be confirmed 29
591+by the facility by a team examination within twenty (20) days of admission. 30
592+(2) If objection is raised, by the person, or by the parent, guardian, spouse, or next of kin, 31
593+then the matter shall be heard as provided in § 40.1-22-10, so far as possible. 32
594+(b) If upon examination at the facility by a team the need of the client for residential care 33
595+and treatment is not confirmed, the client shall be discharged. 34
596596
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599-immediate care and treatment, the superintendent or other official in charge of any facility may 1
600-receive the person; provided the application is accompanied by the certificate of one examining 2
601-physician; provided further, that the person alleged to be intellectually or developmentally disabled 3
602-does not object to admission, or that parents, guardian, spouse, or next of kin do not object if under 4
603-eighteen (18); and provided further, that the need for residential care shall be confirmed by the 5
604-facility by a team examination within twenty (20) days of admission. 6
605-(2) If objection is raised, by the person, or by the parent, guardian, spouse, or next of kin, 7
606-then the matter shall be heard as provided in § 40.1-22-10, so far as possible. 8
607-(b) If upon examination at the facility by a team the need of the client for residential care 9
608-and treatment is not confirmed, the client shall be discharged. 10
609-(c) If upon examination by a team at the facility the need of the client for residential care 11
610-and treatment is confirmed and the client agrees to remain in the facility as a voluntary client, then 12
611-he or she shall be considered a voluntary client as of the date of his or her so agreeing. 13
612-(d) If upon examination at the facility the need of the client for residential care and 14
613-treatment is confirmed and the client, if over eighteen (18), declines or refuses to remain in the 15
614-facility as a voluntary client, then the certificate of a team supporting the application shall be filed 16
615-with the facility. The team may be on the staff of any facility as herein defined, but persons on this 17
616-team shall have no interest, directly or indirectly, in the assets or estate of the person who is 18
617-mentally retarded with intellectual or developmental disabilities, nor shall they be related to the 19
618-person by blood or marriage. The examination and certification shall be made no later than ten (10) 20
619-days from the date of the confirmation of the client’s need for hospitalization, care, and treatment 21
620-at the facility. 22
621-(e) From the time of his or her admission under the previous subsection, the retention of 23
622-the person for residential care and treatment shall be subject to the provisions for notice, hearing, 24
623-review, and judicial approval of continued retention or transfer and continued retention as provided 25
624-in this chapter. For the purposes of subsections (d) and (e) of this section, the date of admission of 26
625-the client shall be deemed to be the date of the second examination and certification. 27
626-(f) Failure to obtain the second certificate as required within the period specified shall result 28
627-in the discharge of client no later than twenty (20) days after his or her original admission to the 29
628-facility under the provisions of this chapter. 30
629-SECTION 11. Section 40.1-24.5-1 of the General Laws in Chapter 40.1-24.5 entitled 31
630-"Community Residences" is hereby amended to read as follows: 32
631-40.1-24.5-1. Definitions. 33
632-Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 34
598+LC001634 - Page 17 of 19
599+(c) If upon examination by a team at the facility the need of the client for residential care 1
600+and treatment is confirmed and the client agrees to remain in the facility as a voluntary client, then 2
601+he or she shall be considered a voluntary client as of the date of his or her so agreeing. 3
602+(d) If upon examination at the facility the need of the client for residential care and 4
603+treatment is confirmed and the client, if over eighteen (18), declines or refuses to remain in the 5
604+facility as a voluntary client, then the certificate of a team supporting the application shall be filed 6
605+with the facility. The team may be on the staff of any facility as herein defined, but persons on this 7
606+team shall have no interest, directly or indirectly, in the assets or estate of the person who is 8
607+mentally retarded with intellectual and/or developmental disabilities, nor shall they be related to 9
608+the person by blood or marriage. The examination and certification shall be made no later than ten 10
609+(10) days from the date of the confirmation of the client’s need for hospitalization, care, and 11
610+treatment at the facility. 12
611+(e) From the time of his or her admission under the previous subsection, the retention of 13
612+the person for residential care and treatment shall be subject to the provisions for notice, hearing, 14
613+review, and judicial approval of continued retention or transfer and continued retention as provided 15
614+in this chapter. For the purposes of subsections (d) and (e) of this section, the date of admission of 16
615+the client shall be deemed to be the date of the second examination and certification. 17
616+(f) Failure to obtain the second certificate as required within the period specified shall result 18
617+in the discharge of client no later than twenty (20) days after his or her original admission to the 19
618+facility under the provisions of this chapter. 20
619+SECTION 11. Section 40.1-24.5-1 of the General Laws in Chapter 40.1-24.5 entitled 21
620+"Community Residences" is hereby amended to read as follows: 22
621+40.1-24.5-1. Definitions. 23
622+Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 24
623+pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, 25
624+developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly 26
625+stated, or unless the context or subject matter otherwise requires: 27
626+(1) “Community residence” means a place, such as a group home, however named, licensed 28
627+pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological 29
628+support, skills training, social guidance, and living accommodations to individuals who are 30
629+mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be 31
630+deemed to include places, however named, for persons who are mentally retarded with intellectual 32
631+and/or developmental disabilities, alcoholics, or drug abusers or persons with substance use 33
632+disorders. 34
633633
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635-LC001634/SUB A/3 - Page 18 of 19
636-pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, 1
637-developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly 2
638-stated, or unless the context or subject matter otherwise requires: 3
639-(1) “Community residence” means a place, such as a group home, however named, licensed 4
640-pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological 5
641-support, skills training, social guidance, and living accommodations to individuals who are 6
642-mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be 7
643-deemed to include places, however named, for persons who are mentally retarded with intellectual 8
644-or developmental disabilities, alcoholics, or drug abusers or persons with substance use disorders. 9
645-(2) “Director” means the head or the chief administrative officer of the community 10
646-residence, or his or her designee. 11
647-(3) “Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to 12
648-enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and 13
649-40.1-24.5-6. 14
650-(4) “Individualized service plan” means the document that sets forth specific services, such 15
651-as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and 16
652-express short- and long-term goals and objectives responsive to the individual needs of the resident. 17
653-(5) “Mental health advocate” means and refers to the individual appointed by the governor 18
654-with the advice and consent of the senate in accordance with § 40.1-5-14 and to his or her duly 19
655-appointed assistants. 20
656-(6) “Person” means any individual, partnership, corporation, company, or association and 21
657-the legal successors in interest thereof. 22
658-(7) “Resident” means an individual of lawful age admitted to a community residence. 23
659-SECTION 12. This act shall take effect upon passage. 24
635+LC001634 - Page 18 of 19
636+(2) “Director” means the head or the chief administrative officer of the community 1
637+residence, or his or her designee. 2
638+(3) “Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to 3
639+enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and 4
640+40.1-24.5-6. 5
641+(4) “Individualized service plan” means the document that sets forth specific services, such 6
642+as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and 7
643+express short- and long-term goals and objectives responsive to the individual needs of the resident. 8
644+(5) “Mental health advocate” means and refers to the individual appointed by the governor 9
645+with the advice and consent of the senate in accordance with § 40.1-5-14 and to his or her duly 10
646+appointed assistants. 11
647+(6) “Person” means any individual, partnership, corporation, company, or association and 12
648+the legal successors in interest thereof. 13
649+(7) “Resident” means an individual of lawful age admitted to a community residence. 14
650+SECTION 12. This act shall take effect upon passage. 15
660651 ========
661-LC001634/SUB A/3
652+LC001634
662653 ========
663654
664655
665-LC001634/SUB A/3 - Page 19 of 19
656+LC001634 - Page 19 of 19
666657 EXPLANATION
667658 BY THE LEGISLATIVE COUNCIL
668659 OF
669660 A N A C T
670-RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES -- STATUTES AND
671-STATUTORY CONSTRUCTI ON
661+RELATING TO STATUTES AND STATUTORY CONSTR UCTION -- CHILDREN WITH
662+DISABILITIES
672663 ***
673664 This act would incorporate the use of appropriate disability language, by replacing the 1
674665 terms "developmental disability" or "developmental disabilities" or "mentally retarded" or 2
675666 "retarded" or "alcoholics" or "drug abusers" as used in the general laws, with the words, 3
676-"intellectual or developmental disability" or "person with an intellectual or developmental 4
667+"intellectual and/or developmental disability" or "person with an intellectual and/or developmental 4
677668 disability, or persons with substance use disorders." 5
678669 This act would take effect upon passage. 6
679670 ========
680-LC001634/SUB A/3
671+LC001634
681672 ========