2023 -- H 6340 ======== LC002754 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2023 ____________ A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- FUNERAL DIRECTOR/EMB ALMER AND FUNERAL SERVICE ESTABLISHMENTS Introduced By: Representatives McGaw, Ajello, Speakman, Kislak, Cotter, Craven, Kazarian, Carson, and Henries Date Introduced: April 28, 2023 Referred To: House Corporations It is enacted by the General Assembly as follows: SECTION 1. Sections 5-33.2-1, 5-33.2-13, 5-33.2-13.1, 5-33.2-13.2, 5-33.2-15, 5-33.2-17 1 and 5-33.2-24 of the General Laws in Chapter 5-33.2 entitled "Funeral Director/Embalmer and 2 Funeral Service Establishments" are hereby amended to read as follows: 3 5-33.2-1. Definitions. 4 As used in this chapter: 5 (1) “Board” means the state board of funeral directors/embalmers. 6 (2) “Cremation” means a two-part (2) procedure where a dead human body or body parts 7 are reduced by direct flames to residue that includes bone fragments and the pulverization of the 8 bone fragments to a coarse powdery consistency. 9 (3) “Department” means the Rhode Island department of health. 10 (4) "Disposition facility" means a building or structure utilized for the reducing of human 11 remains by means of cremation or natural organic reduction. 12 (4)(5) “Division” means the division of professional regulation created under chapter 26 of 13 this title. 14 (5)(6) “Embalmer” means any person who has completed an internship; full course of study 15 at an accredited mortuary science school; has passed the national board examination; and is 16 engaged in the practice or profession of embalming, as defined in this section. 17 (6)(7) “Embalming” means the practice, science, or profession of preserving, disinfecting, 18 LC002754 - Page 2 of 24 and preparing in any manner dead human bodies for burial, cremation, or transportation. 1 (7)(8) “Funeral” means a period following death in which there are religious services or 2 other rites or ceremonies with the body of the deceased present. 3 (8)(9)(i) “Funeral directing” means: 4 (A) Conducting funeral services; or 5 (B) The arrangement for disposition of dead human bodies, except in the case of any 6 religion where the preparation of the body or the provision of funeral services should be done 7 according to religious custom or belief. 8 (ii) Only funeral directors/embalmers working for a licensed funeral establishment are 9 allowed to meet with families for the purpose of arranging funerals. Provided, that any person who 10 assumed an ownership interest from his or her spouse or any widow or widower of a licensed 11 funeral director who at the time of November 1, 1995, has been meeting with families to arrange 12 for the conducting of funeral services is allowed to continue this practice. 13 (9)(10) “Funeral director/embalmer” means any person engaged, or holding himself or 14 herself out as engaged, in the practice or profession of funeral directing, and the science, practice, 15 or profession of embalming as previously defined, including a funeral director of record, who may 16 be a funeral director at more than one establishment or any other word or title intending to imply 17 or designate him or her as a funeral director/embalmer, undertaker, or mortician. The holder of this 18 license must be the holder of an embalmer’s license. 19 (10)(11) “Funeral director/embalmer intern” means any person engaged in learning the 20 practice or profession of funeral directing and the science, practice, or profession of embalming 21 under the instruction and supervision of a funeral director/embalmer licensed and registered under 22 the provisions of this chapter and actively engaged in the practice or profession of funeral directing 23 and embalming in this state. 24 (11)(12) “Funeral establishment” means a fixed place, establishment, or premises, licensed 25 by the department, devoted to the activities that are incident, convenient, or related to the care and 26 preparation, arrangement, financial and otherwise, for the funeral, transportation, burial, or other 27 disposition of human dead bodies and including, but not limited to, a suitable room with all 28 instruments and supplies used for the storage or preparation of dead human bodies for burial or 29 other disposition. 30 (12)(13) “Funeral merchandise” means those items that are normally presented for sale as 31 part of the funeral home operation on a for-profit basis. These items include caskets, sealed, 32 warranted outer-burial containers, and burial clothing. Not included are urns, grave markers, and 33 non-sealed outer-burial containers. All persons engaged in the sale of funeral merchandise must 34 LC002754 - Page 3 of 24 comply with the provisions of chapter 33.1 of this title. 1 (14) "Natural organic reduction (NOR)" means the contained, accelerated conversion of 2 human remains to soil. 3 (15) "Natural organic reduction facility" means a structure, room or other space in a 4 building or real property where natural organic reduction of a human body occurs. 5 (13)(16) “Person” includes individuals, partnerships, corporations, limited-liability 6 companies, associations, and organizations of all kinds. 7 (14)(17) “Practice of funeral service” means a person engaging in providing shelter, care, 8 and custody of human dead remains; in the practice of preparing of the human dead remains by 9 embalming or other methods for burial or other disposition; in entering into a funeral service 10 contract; engaging in the functions of funeral directing and/or embalming as presently known, 11 including those stipulated within this chapter and as defined in the Federal Trade Commission 12 “Funeral Rule.” The practice of conducting funeral services shall be conducted in the presence of 13 a licensed funeral director/embalmer. 14 5-33.2-13. Funeral establishment and branch officer — Crematories — Inspections 15 — Denial of access. Funeral establishment and branch officer — Disposition facilities — 16 Inspections — Denial of access. 17 (a) Any licensed funeral director/embalmer employed, authorized, and empowered by the 18 division of professional regulation may enter any funeral establishment, funeral-establishment 19 branch office, or crematory disposition facility licensed under the provisions of this chapter, during 20 the hours the funeral establishment, funeral-establishment branch office, or crematory disposition 21 facility is open for business, for the purpose of inspecting the sanitary conditions, complaint 22 investigations, and ascertaining if the provisions of this chapter and the rules and regulations are 23 being observed in the operation of the funeral establishment, funeral-establishment branch office, 24 or crematory disposition facility. The inspector may request permission from the department to be 25 accompanied by another employee of the department of health prior to an inspection. Failure or 26 refusal of the person in charge of that funeral establishment, funeral-establishment branch office, 27 or crematory disposition facility to permit the inspection at all reasonable times shall be deemed 28 sufficient cause for the revocation of any license issued to the funeral establishment, funeral-29 establishment branch office, or crematory disposition facility and any certificate of approval issued 30 by the division. 31 (b) Funeral establishments and branch offices and crematories disposition facilities 32 licensed under the provisions of this chapter shall be inspected at least twice each year. Inspections 33 shall include all areas of sanitation and public health, complaint investigations, as well as 34 LC002754 - Page 4 of 24 conformity with applicable section of this chapter and the rules and regulations. 1 5-33.2-13.1. Crematories — License and inspection. Disposition facilities — License 2 and inspection. 3 No crematory disposition facility owned or operated by or located on property licensed as 4 a funeral establishment or at another location or by a cemetery shall conduct cremations or natural 5 organic reduction without first having applied for and obtained a license from the department. 6 Applications for the crematory disposition facility license shall be made on forms furnished by the 7 division accompanied by the application fee as set forth in § 23-1-54. Upon receipt of a completed 8 application, the department shall issue a license. A license shall be issued to a specific licensee for 9 a specific location and is not transferable. The facility and licensee shall meet all requirements as 10 prescribed by the rules and regulations established by the department, not inconsistent with this 11 chapter. 12 5-33.2-13.2. Cremation of human remains. Disposition of human remains. 13 (a)(1) Cremation Disposition shall not take place until the necessary permits and consents 14 are issued pursuant to § 23-3-18. 15 (2) A crematory disposition facility shall not take custody of unidentified human remains. 16 (3) Human remains designated for cremation shall be cremated without unreasonable 17 delay. Disposition of human remains shall occur without unreasonable delay. 18 (4) When the crematory disposition facility is unable to cremate initiate the disposition 19 process of the human remains immediately upon taking custody, the crematory disposition facility 20 shall provide a holding facility that complies with any applicable public health law and that 21 preserves the dignity of the human remains. 22 (5) Holding facilities must be secure from access by all unauthorized persons. 23 (6) A crematory disposition facility shall not simultaneously cremate conduct the process 24 of reduction of human remains of more than one human remain within the same cremation 25 disposition chamber. The processing, packaging, storage, and disposition of cremated remains 26 following cremation or natural organic reduction shall be as prescribed in the rules and regulations 27 promulgated by the department of health division of professional regulation. 28 (7) A crematory disposition facility or funeral home shall be authorized to dispose of the 29 cremated remains following cremation or natural organic reduction that have been abandoned at 30 the crematory disposition facility or funeral home for more than six (6) months. All reasonable 31 attempts must be made and diligence exercised to contact the person in charge who authorized the 32 cremation. 33 (b) This section does not apply to the cremation of various body parts from different human 34 LC002754 - Page 5 of 24 bodies. 1 5-33.2-15. Annual renewal of licenses. 2 All licenses issued under the provisions of this chapter must be renewed annually by their 3 holders, who shall pay to the division a yearly renewal fee for the renewal of a funeral 4 director/embalmer’s license, and additional fees for each funeral-establishment branch office 5 license and for the crematory disposition facility license. These fees are as set forth in § 23-1-54. 6 On or before the fifteenth day of November in each year, the division shall mail to each licensed 7 funeral director/embalmer and to each licensed funeral establishment, funeral-establishment branch 8 office, and crematory disposition facility an application for the renewal. Applications, accompanied 9 by the fee for renewal, shall be filed with the division on or before the thirty-first day of December 10 in each year. Applications filed after the thirty-first of December and on or before the fifteenth of 11 January must be accompanied by a fee as set forth in § 23-1-54 for funeral director/embalmers and 12 funeral establishments in addition to the previously established renewal fees. Any funeral 13 director/embalmer who acts or holds himself or herself out as a funeral director/embalmer after his 14 or her certificate has been lapsed shall be punished as provided in this chapter. Any funeral 15 establishment, funeral-establishment branch office, or crematory disposition facility that acts or 16 holds itself out as a funeral establishment after its license has lapsed shall be punished as provided 17 in this chapter. 18 5-33.2-17. Revocation or suspension of license. 19 (a) The division has the power to refuse to issue or may revoke or suspend any license 20 issued by it under this chapter, after written notification and a hearing before the board for gross 21 incompetency, for unprofessional conduct, which is defined to include: 22 (1) Conviction of a felony; 23 (2) Misrepresentations made of services, goods, or of funeral prices or fraud committed as 24 a holder of a license for the practice of embalming, funeral directing, or the holder of a license as a 25 funeral establishment, funeral-establishment branch, or crematory disposition facility; 26 (3) False or misleading advertising as the holder of a license for the practice of embalming, 27 funeral directing, or the holder of a license as a funeral establishment, funeral-establishment branch, 28 or crematory disposition facility; violating any regulations relating to “truth in advertising”; or 29 failure to do the following: 30 (i) List only full-time employees or those having an ownership interest in the 31 advertisements including his or her title, which clearly identifies one’s duties; 32 (ii) List the name of the funeral director of record for the establishment in all advertising; 33 (iii) A deceased founder may be listed in advertisements with the notation “founder” 34 LC002754 - Page 6 of 24 following the name; 1 (4) Solicitation of dead human bodies by any licensed embalmer, funeral director, funeral 2 attendant, or the holder of license as a funeral establishment, funeral-establishment branch or 3 crematory disposition facility, its agents, assistants, or employees, whether the solicitation occurs 4 after death or while death is impending; provided, that this does not prohibit general advertising; 5 (5) Employment directly or indirectly of any intern, agent, assistant, employee, or other 6 person, on part or full-time, or on commission, for the purpose of calling upon individuals or 7 institutions by whose influence dead human bodies may be turned over to a particular funeral 8 establishment; 9 (6) The direct or indirect payment or offer of payment of a commission by any funeral 10 establishment, funeral-establishment branch, or crematory disposition facility, its agents, assistants, 11 or employees for the purpose of securing business; 12 (7) Solicitation or acceptance by a licensed funeral director/embalmer, or the holder of a 13 license as a funeral establishment, funeral-establishment branch, or crematory disposition facility, 14 of any commission or bonus or rebate in consideration of recommending or causing a dead human 15 body to be disposed of in any crematory disposition facility, mausoleum, or cemetery; 16 (8) Using any funeral merchandise previously used in whole or in part without prior written 17 permission of the person selecting and/or paying for the use of the merchandise; 18 (9) Violation of any of the provisions of this chapter; 19 (10) Violation of any state law or rule and regulation affecting the handling, custody, care, 20 transportation, or final disposition of dead human bodies; 21 (11) Fraud or misrepresentation in obtaining or renewing a license; 22 (12) Refusing to properly release a dead human body to the custody of the person or entity 23 who has the legal right to effect the release and authorized cost has been paid; 24 (13) Aiding or abetting an unlicensed person to practice funeral directing and embalming 25 or holding oneself out as a licensed funeral director/embalmer; 26 (14) Failure to secure any required permit for removal or burial of dead human remains 27 prior to interment or final disposition; 28 (15) Knowingly making any false statement on a certificate of death; 29 (16) Violation of chapter 33.1 of this title entitled “Funeral Service Contracts”; 30 (17) Discriminating in services because of race, creed, color, or national origin; 31 (18) Permitting non-funeral service licensees to make arrangements for a funeral prior to, 32 or at, need unless exempted under chapter 33.1 of this title or a registered intern under the 33 supervision of a licensee; 34 LC002754 - Page 7 of 24 (19) Substantial or repeated violations of the rules and regulations of the Federal Trade 1 Commission and/or the Occupational Safety and Health Administration, or for other violations 2 deemed sufficient; provided, that before any license is revoked or suspended, the license holder 3 shall have notice, in writing, of the charge or charges against him or her and shall have reasonable 4 opportunity to be heard in his or her defense. 5 (b) Any person whose certificate has been revoked or suspended may apply to have the 6 certificate reissued, and the certificate shall be reissued to him or her upon a satisfactory showing 7 that disqualification has ceased. 8 5-33.2-24. Proper authority for funeral arrangements and disposition of human 9 remains. 10 Every licensed funeral director/embalmer, licensed funeral establishment, licensed 11 crematory disposition facility, and cemetery shall comply with the following rules with respect to 12 proper authority for funeral arrangements and disposition of human remains: 13 (1) If a licensed funeral establishment is a party to a funeral service contract, as defined in 14 § 5-33.1-2, for the benefit of a deceased person, only when executed by the principal, him or herself, 15 and the contract is still in effect at the time of that person’s death, the terms of that contract shall 16 control the nature of the funeral goods and services to be provided; the manner in which funeral 17 services are to be conducted for the deceased; and the final disposition of the deceased person’s 18 remains to the full extent provided in that contract. When the contract is executed by the principal, 19 him or herself, and specifies cremation or natural organic reduction as the chosen disposition, the 20 contract is considered sufficient legal authorization for cremation or natural organic reduction. No 21 licensed funeral establishment, licensed crematory disposition facility, or cemetery, nor any of its 22 agents or employees, may cancel or materially alter any of the arrangements specified in that 23 contract, even if requested to do so by a member of the deceased person’s family or a funeral 24 planning agent designated pursuant to chapter 33.3 of this title unless compliance with the terms of 25 the original contract would result in a violation of any applicable federal, state, or local law or 26 regulation, notwithstanding the provisions of this chapter. 27 (2) To the extent that there is no funeral service contract in effect at the time of death for 28 the benefit of the deceased person, indicating the wishes of the deceased person with respect to the 29 nature of the funeral goods and services to be provided, the manner in which funeral services are 30 to be conducted, or the final disposition of the deceased person’s remains, then the funeral 31 establishment and its agents or employees shall follow the directions of the deceased person’s 32 survivors in the following order of priority: 33 (i) An agent designated pursuant to chapter 33.3 of this title, if any; 34 LC002754 - Page 8 of 24 (ii) The surviving spouse or domestic partner of the deceased; 1 (iii) The surviving adult children of the deceased; 2 (iv) The surviving parent(s) of the deceased over the age of eighteen (18), or, if the 3 deceased is a minor, and there is a custody order relative to that child, the custodial parent, after he 4 or she signs an affidavit attesting that he or she does not know the whereabouts of the other parent; 5 (v) The surviving brother(s) or sister(s) of the deceased; 6 (vi) The surviving adult grandchildren of the deceased; 7 (vii) The surviving adult niece(s) or nephew(s) of the deceased; 8 (viii) The guardian of the person of the deceased at the time of his or her death. 9 (3) All licensed funeral directors/embalmers, licensed funeral establishments, licensed 10 crematories disposition facilities, cemeteries, and all their agents and employees shall be held 11 harmless, and shall not be subject to civil suit, either as individual(s), partnership(s), or 12 corporation(s), for complying with the provisions of this chapter. 13 (4) For the purpose of this chapter, “domestic partner” shall be defined as a person who, 14 prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the 15 decedent and who certifies by affidavit that their relationship met the following qualifications: 16 (i) Both partners were at least eighteen (18) years of age and were mentally competent to 17 contract; 18 (ii) Neither partner is married to anyone else; 19 (iii) Partners were not related by blood to a degree that would prohibit marriage in the state 20 of Rhode Island; 21 (iv) Partners resided together and had resided together for at least one year at the time of 22 death; and 23 (v) Partners were financially interdependent as evidenced by at least two (2) of the 24 following: 25 (A) Domestic partnership agreement or relationship contract; 26 (B) Joint mortgage or joint ownership of primary residence; 27 (C) Two (2) of the following: 28 (I) Joint ownership of motor vehicle; 29 (II) Joint checking account; 30 (III) Joint credit account; 31 (IV) Joint lease; and/or 32 (D) The domestic partner had been designated as a beneficiary for the decedent’s will, 33 retirement contract, or life insurance. 34 LC002754 - Page 9 of 24 SECTION 3. Section 23-1-54 of the General Laws in Chapter 23-1 entitled "Department 1 of Health" is hereby amended to read as follows: 2 23-1-54. Fees payable to the department of health. 3 Fees payable to the department shall be as follows: 4 PROFESSION RIGL Section Description of Fee FEE 5 Barbers/hairdressers 5-10-10(a) Renewal application $25.00 6 Barbers/hairdressers 5-10-10(a) Renewal application: 7 Manicuring Instructors and mani- $25.00 8 curists 9 Barbers/hairdressers 5-10-10(b) Minimum late renewal $25.00 10 fee 11 Barbers/hairdressers 5-10-10(b) Maximum late renewal $100.00 12 fee 13 Barbers/hairdressers 5-10-11[c] Application fee $25.00 14 Barbers/hairdressers 5-10-11[c] Application fee: mani- 15 curing 16 Instructors and mani- $25.00 17 curists 18 Barbers/hairdressers 5-10-13 Demonstrator’s permit $90.00 19 Barbers/hairdressers 5-10-15 Shop license: initial $170.00 20 Barbers/hairdressers 5-10-15 Shop license: renewal $170.00 21 Veterinarians 5-25-10 Application fee $40.00 22 Veterinarians 5-25-11 Examination fee $540.00 23 Veterinarians 5-25-12(a) Renewal fee $580.00 24 Veterinarians 5-25-12[c] Late renewal fee $120.00 25 Podiatrists 5-29-7 Application fee $240.00 26 Podiatrists 5-29-11 Renewal fee: minimum $240.00 27 Podiatrists 5-29-11 Renewal fee: maximum $540.00 28 Podiatrists 5-29-13 Limited registration $65.00 29 Podiatrists 5-29-14 Limited registration: 30 Academic faculty $240.00 31 Podiatrists 5-29-14 Application fee: 32 Renewal minimum $240.00 33 Podiatrists 5-29-14 Application fee: 34 LC002754 - Page 10 of 24 Renewal maximum $440.00 1 Chiropractors 5-30-6 Examination fee: $210.00 2 Chiropractors 5-30-7 Examination exemp- $210.00 3 tion fee: 4 Chiropractors 5-30-8(b) Exam Physiotherapy $210.00 5 Chiropractors 5-30-8(b) Exam chiro and $210.00 6 physiotherapy 7 Chiropractors 5-30-12 Renewal fee $210.00 8 Dentists/dental hygien- 5-31.1-6(d) Dentist: application fee $965.00 9 ists 10 Dentists/dental hygien- 5-31.1-6(d) Dental hygienist: 11 ists application fee $65.00 12 Dentists/dental hygien- 5-31.1-6(d) Reexamination: dentist $965.00 13 ists 14 Dentists/dental hygien- 5-31.1-6(d) Reexamination: 15 ists hygienist $65.00 16 Dentists/dental hygien- 5-31.1-21(b) Reinstatement fee $90.00 17 ists dentist 18 Dentists/dental hygien- 5-31.1-21(b) Reinstatement fee $90.00 19 ists hygienist 20 Dentists/dental hygien- 5-31.1-21(c) Inactive status: dentist $220.00 21 ists 22 Dentists/dental hygien- 5-31.1-21(c) Inactive status: 23 ists hygienist $40.00 24 Dentists/dental hygien- 5-31.1-22 Limited registration $65.00 25 ists 26 Dentists/dental hygien- 5-31.1-23[c] Limited reg: 27 ists 28 Academic faculty $965.00 29 Dentists/dental hygien- 5-31.1-23[c] Limited reg: 30 ists 31 Academic faculty $500.00 32 renewal 33 Electrolysis 5-32-3 Application fee $25.00 34 LC002754 - Page 11 of 24 Electrolysis 5-32-6(b) Renewal fee $25.00 1 Electrolysis 5-32-7 Reciprocal license fee $25.00 2 Electrolysis 5-32-17 Teaching license $25.00 3 Funeral directors/em- 5-33.2-12 Funeral establishment $120.00 4 balmers license 5 Funeral services estab- 6 lishments 7 Funeral directors/em- 5-33.2-15 Renewal: funeral/direc- $90.00 8 balmers tor 9 Funeral services estab- embalmer $30.00 10 lishments 11 Funeral directors/em- 5-33.2-12 Funeral branch ofc $90.00 12 balmers license 13 Funeral directors/em- 5-33.2-13.1 Crematories Disposition 14 balmers Facilities: applica- $120.00 15 tion fee 16 Funeral services estab- 17 lishments 18 Funeral directors/em- 5-33.2-15 Renewal: funeral/direc- 19 balmers tor 20 Funeral Svcs establish- establishment $120.00 21 ments 22 Funeral directors/em- 5-33.2-15 Additional branch 23 balmers office 24 Funeral services Estab- licenses $120.00 25 lishments 26 Funeral directors/em- 5-33.2-15 Crematory Disposition facility renewal fee 27 balmers 28 Funeral svcs establish- $120.00 29 ments 30 Funeral directors/em- 5-33.2-15 Late renewal fee 31 balmers 32 Funeral svcs establish- (All license types) $25.00 33 ments 34 LC002754 - Page 12 of 24 Funeral directors/em- 5-33.2-16(a) Intern registration fee 1 balmers 2 Funeral Services estab- $25.00 3 lishments 4 Nurses 5-34-12 RN Application fee $135.00 5 Nurses 5-34-16 LPN Application fee $45.00 6 Nurses 5-34-19 Renewal fee: RN $135.00 7 Nurses 5-34-19 Renewal fee: LPN $45.00 8 Nurses 5-34-37 RNP application fee $80.00 9 Nurses 5-34-37 RNP renewal fee $80.00 10 Nurses 5-34-37 RNP prescriptive privi- $65.00 11 leges 12 Nurses 5-34-40.3 Clin nurse spec appli- $80.00 13 cation 14 Nurses 5-34-40.3 Clin nurse spec $80.00 15 renewal 16 Nurses 5-34-40.3 Clin nurse spec Rx $65.00 17 privilege 18 Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00 19 Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00 20 Optometrists 5-35.1-4 Application fee $280.00 21 Optometrists 5-35.1-7 Renewal fee $280.00 22 Optometrists 5-35.1-7 Late fee $90.00 23 Optometrists 5-35.1-7 Reactivation of license $65.00 24 fee 25 Optometrists 5-35.1-19(b) Violations of section $650.00 26 Optometrists 5-35.1-20 Violations of chapter $260.00 27 Opticians 5-35.2-3 Application fee $30.00 28 Physicians 5-37-2 Application fee $1,090.00 29 Physicians 5-37-2 Re-examination fee $1,090.00 30 Physicians 5-37-10(b) Late renewal fee $170.00 31 Physicians 5-37-16 Limited registration $65.00 32 fee 33 Physicians 5-37-16.1 Ltd reg: academic $600.00 34 LC002754 - Page 13 of 24 faculty 1 Physicians 5-37-16.1 Ltd reg: academic 2 Faculty renewal $170.00 3 Acupuncture 5-37.2-10 Application fee $310.00 4 Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00 5 Licensure fee $170.00 6 Social workers 5-39.1-9 Application fee $70.00 7 Social workers 5-39.1-9 Renewal fee $70.00 8 Physical therapists 5-40-8 Application fee $155.00 9 Physical therapists 5-40-8.1 Application: physical $50.00 10 therapy assistants 11 Physical therapists 5-40-10(a) Renewal fee: 12 Physical therapists $155.00 13 Physical therapists 5-40-10(a) Renewal fee: Physical 14 therapy 15 assistants $50.00 16 Physical therapists 5-40-10[c] Late renewals $50.00 17 Occupational thera- 5-40.1-12(2) Renewal fee $140.00 18 pists 19 Occupational thera- 5-40.1-12(5) Late renewal fee $50.00 20 pists 21 Occupational thera- 5-40.1-12(b) Reactivation fee $140.00 22 pists 23 Occupational thera- 5-40.1-13 Application fee $140.00 24 pists 25 Psychologists 5-44-12 Application fee $230.00 26 Psychologists 5-44-13 Temporary permit $120.00 27 Psychologists 5-44-15[c] Renewal fee $230.00 28 Psychologists 5-44-15(e) Late renewal fee $50.00 29 Nursing home adminis- 5-45-10 Renewal fee $160.00 30 trators 31 Speech pathologist/au- 5-48-1(14) Speech lang support 32 diologists personnel: 33 late filing $90.00 34 LC002754 - Page 14 of 24 Speech pathologist/au- 5-48-9(a) Application fee: Audiol- $65.00 1 diologists ogist 2 Speech pathologist/au- 5-48-9(a) Application fee: 3 diologists 4 Speech Pathologist $145.00 5 Speech pathologist/au- 5-48-9(a) Renewal fee: Audiolo- $65.00 6 diologists gist 7 Speech pathologist/au- 5-48-9(a) Renewal fee: Speech $145.00 8 diologists Pathologist 9 Speech pathologist/au- 5-48-9(a) Provisional license: 10 diologists renewal fee $65.00 11 Speech pathologist/au- 5-48-9(b) Late renewal fee $50.00 12 diologists 13 Speech pathologist/au- 5-48-9(d)(1) Reinstatement fee: 14 diologists audiologist $65.00 15 Speech pathologist/au- 5-48-9(d)(1) Reinstatement fee: 16 diologists audiologist $65.00 17 speech pathologists $145.00 18 personnel: late filing $65.00 19 Hearing aid dealers/ 5-49-6(a) License endorsement 20 fitters 21 Examination fee $25.00 22 Hearing aid dealers/ 5-49-8(b) Temporary permit fee $25.00 23 fitters 24 Hearing aid dealers/ 5-49-8(d) Temporary permit $35.00 25 fitters renewal fee 26 Hearing aid dealers/ 5-49-11(a)(1) License fee $25.00 27 fitters 28 Hearing aid dealers/ 5-49-11(b) License renewal fee $25.00 29 fitters 30 Hearing aid dealers/ 5-49-11[c] License renewal late $25.00 31 fitters fee 32 Physician assistants 5-54-9(4) Application fee $110.00 33 Physician assistants 5-54-11(b) Renewal fee $110.00 34 LC002754 - Page 15 of 24 Orthotics/prosthetic 5-59.1-5 Application fee $120.00 1 practice 2 Orthotics/prosthetic 5-59.1-12 Renewal fee $120.00 3 practice 4 Athletic trainers 5-60-11 Application fee $60.00 5 Athletic trainers 5-60-11 Renewal fee $60.00 6 Athletic trainers 5-60-11 Late renewal fee $25.00 7 Mental health counsel- 5-63.2-16 Application fee: Mar- 8 ors/ riage/ 9 Marriage and family Family therapist $130.00 10 therapists 11 Mental health counsel- 5-63.2-16 Application fee: Mental 12 ors/ 13 Marriage and family Health counselors $70.00 14 therapists 15 Mental health counsel- 5-63.2-16 Reexamination fee: 16 ors/ 17 Marriage and family Marriage/family thera- $130.00 18 therapists pist 19 Mental health counsel- 5-63.2-16 Reexamination fee: 20 ors/ 21 Marriage and family Mental health counsel- $70.00 22 therapists ors 23 Mental health counsel- 5-63.2-17(a) Renewal fee: Marriage/ 24 ors/ 25 Marriage and Family Family therapist $130.00 26 therapists 27 Mental health counsel- 5-63.2-17(a) Renewal fee: 28 ors/ 29 Marriage and Family Mental health coun- $50.00 30 therapist selor 31 Mental health counsel- 5-63.2-17(b) Late renewal fee: 32 ors/ 33 Marriage and Family Marriage and family $90.00 34 LC002754 - Page 16 of 24 therapist therapist 1 Dieticians/nutritionists 5-64-6(b) Application fee $75.00 2 Dieticians/nutritionists 5-64-7 Graduate status: 3 Application fee: $75.00 4 Dieticians/nutritionists 5-64-8 Renewal fee $75.00 5 Dieticians/nutritionists 5-64-8 Reinstatement fee $75.00 6 Radiologic technolo- 5-68.1-10 Application fee maxi- $190.00 7 gists mum 8 Licensed chemical de- 5-69-9 Application fee $75.00 9 pendency professionals 10 Licensed chemical de- 5-69-9 Renewal fee $75.00 11 pendency professionals 12 Licensed chemical 5-69-9 Application fee $75.00 13 Licensed chemical 5-69-9 Application fee $75.00 14 dependency clinical su- 15 pervisor 16 Licensed chemical 5-69-9 Renewal fee $75.00 17 dependency clinical su- 18 pervisor 19 Deaf interpreters 5-71-8(a)(3) License fee maximum $25.00 20 Deaf interpreters 5-71-8(a)(3) License renewal fee $25.00 21 Milk producers 21-2-7(g)(1) In-state milk processor $160.00 22 Milk producers 21-2-7(g)(2) Out-of-state milk pro- $160.00 23 cessor 24 Milk producers 21-2-7(g)(3) Milk distributors $160.00 25 Frozen desserts 21-9-3(1) In-state wholesale $550.00 26 Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00 27 Frozen desserts 21-9-3(3) Retail frozen dess pro- $160.00 28 cessors 29 Meats 21-11-4 Wholesale $160.00 30 Meats 21-11-4 Retail $40.00 31 Shellfish packing 21-14-2 License fee: 32 houses 33 Shipper/reshipper $320.00 34 LC002754 - Page 17 of 24 Shellfish packing 21-14-2 License fee: 1 houses 2 Shucker packer/ $390.00 3 repacker 4 Non-alcoholic bottled 21-23-2 Bottler permit 5 beverages, drinks & $550.00 6 juices 7 Non-alcoholic bottled 21-23-2 Bottle apple cider fee 8 beverages, drinks and $60.00 9 juices 10 Farm home food manu- 21-27-6.1(4) Registration fee $65.00 11 facturers 12 Cottage Food Manu- 21-27-6.2(4) Registration fee $65.00 13 facturers 14 Food businesses 21-27-10(e)(1) Food processors whole- $300.00 15 sale 16 Food businesses 21-27-10(e)(2) Food processors retail $120.00 17 Food businesses 21-27-10(e)(3) Food service establish- 18 ments 19 50 seats or less $160.00 20 Food businesses 21-27-10(e)(3) Food service establish- 21 ments 22 more than 50 seats $240.00 23 Food businesses 21-27-10(e)(3) Mobile food service $100.00 24 units 25 Food businesses 21-27-10(e)(3) Industrial caterer or 26 food vending 27 Machine commissary $280.00 28 Food businesses 21-27-10(e)(3) Cultural heritage 29 educational 30 Facility $80.00 31 Food businesses 21-27-10(e)(4) Vending Machine 32 Location 33 3 units or less $50.00 34 LC002754 - Page 18 of 24 Food businesses 21-27-10(e)(4) Vending Machine 1 Location 4-10 units $100.00 2 Food businesses 21-27-10(e)(4) Vending Machine 3 Location = 11 units $120.00 4 Food businesses 21-27-10(e)(5) Retail Mkt 5 1-2 cash registers $120.00 6 Food businesses 21-27-10(e)(5) Retail Market 7 3-5 cash registers $240.00 8 Food businesses 21-27-10(e)(5) Retail Market = 6 9 Cash registers $510.00 10 Food businesses 21-27-10(e)(6) Retail food peddler $100.00 11 Food businesses 21-27-10(e)(7) Food warehouses $190.00 12 Food businesses 21-27-11.2 Certified food safety $50.00 13 mgr 14 License verification fee 23-1-16.1 All license types $50.00 15 Tattoo and body pierc- 23-1-39 Annual registration 16 ing fee: 17 Person $90.00 18 Tattoo and body pierc- 23-1-39 Annual registration 19 ing fee: 20 establishment $90.00 21 Vital records 23-3-25(a)(1) Certificate of birth, 22 fetal death, 23 death, marriage, birth, 24 or 25 Certification that such 26 record 27 Cannot be found $20.00 28 Vital records 23-3-25(a)(1) Each duplicate of 29 certificate 30 of birth, fetal death, 31 death, marriage, 32 birth, or certification 33 that such record 34 LC002754 - Page 19 of 24 cannot be found $15.00 1 Vital records 23-3-25(a)(2) Each additional 2 calendar year 3 Search, if within 3 4 months of 5 original search and if 6 receipt of original 7 search presented $2.00 8 Vital records 23-3-25(a)(3) Expedited service $7.00 9 Vital records 23-3-25(a)(4) Adoptions, legitima- 10 tions, or 11 Paternity determina- $15.00 12 tions 13 Vital records 23-3-25(a)(5) Authorized corrections, 14 Alterations, and addi- $10.00 15 tions 16 Vital records 23-3-25(a)(6) Filing of delayed record 17 and 18 Examination of docu- 19 mentary 20 Proof $20.00 21 Vital records 23-3-25(a)(6) Issuance of certified 22 copy 23 of a delayed record $20.00 24 Medical Examiner 23-4-13 Autopsy reports $40.00 25 Medical Examiner 23-4-13 Cremation or natural organic reduction 26 certificates and statistics $30.00 27 Medical Examiner 23-4-13 Testimony in civil 28 suits: 29 Minimum/day $650.00 30 Medical Examiner 23-4-13 Testimony in civil 31 suits: 32 Maximum/day $3,250.00 33 Emergency medical 23-4.1-10[c] Annual fee: ambulance 34 LC002754 - Page 20 of 24 technicians 1 service maximum $540.00 2 Emergency medical 23-4.1-10[c] Annual fee: vehicle 3 technicians license 4 maximum $275.00 5 Emergency medical 23-4.1-10[c] Triennial fee: EMT 6 technicians license 7 maximum $120.00 8 Emergency medical 23-4.1-10(c)(2) Exam fee maximum: $120.00 9 technicians EMT 10 Emergency medical 23-4.1-10(c)(2) Vehicle inspection 11 technicians 12 Maximum $190.00 13 Clinical laboratories 23-16.2-4(a) Clinical laboratory 14 license 15 per specialty $650.00 16 Clinical laboratories 23-16.2-4(a) Laboratory station $650.00 17 license 18 Clinical laboratories 23-16.2-4(b) Permit fee $70.00 19 Health care facilities 23-17-38 Hospital: base fee20 $16,900.00 21 annual 22 Health care facilities 23-17-38 Hospital: annual per $120.00 23 bed fee 24 Health care facilities 23-17-38 ESRD: annual fee $3,900.00 25 Health care facilities 23-17-38 Home nursing-care/ 26 home- 27 care providers $650.00 28 Health care facilities 23-17-38 OACF: annual fee $650.00 29 Assisted living resi- 23-17.4-15.2(d) License application fee: $220.00 30 dences/ 31 administrators 32 Assisted living resi- 23-17.4-15.2(d) License renewal fee: $220.00 33 dences/ 34 LC002754 - Page 21 of 24 administrators 1 Assisted living resi- 23-17.4-31 Annual facility fee: base $330.00 2 dences 3 Assisted living resi- 23-17.4-31 Annual facility per bed $70.00 4 dences 5 Nursing assistant reg- 23-17.9-3 Application: 6 istration competency 7 evaluation training 8 program maximum $325.00 9 Nursing assistant reg- 23-17.9-5 Application fee $35.00 10 istration 11 Nursing assistant reg- 23-17.9-5 Exam fee: skills profi- $170.00 12 istration ciency 13 Nursing assistant reg- 23-17.9-6 Registration fee $35.00 14 istration 15 Nursing assistant reg- 23-17.9-7 Renewal fee $35.00 16 istration 17 Sanitarians 23-19.3-5(a) Registration fee $25.00 18 Sanitarians 23-19.3-5(b) Registration renewal $25.00 19 Massage therapy 23-20.8-3(e) Massage therapist appl $65.00 20 fee 21 Massage therapy 23-20.8-3(e) Massage therapist $65.00 22 renewal fee 23 Recreational facilities 23-21-2 Application fee $160.00 24 Swimming pools 23-22-6 Application license: 25 first pool $250.00 26 Swimming pools 23-22-6 Additional pool 27 fee at same location $75.00 28 Swimming pools 23-22-6 Seasonal application 29 license: 30 first pool $150.00 31 Swimming pools 23-22-6 Seasonal additional 32 pool 33 fee at same location $75.00 34 LC002754 - Page 22 of 24 Swimming pools 23-22-6 Year-round license 1 for non-profit $25.00 2 Swimming pools 23-22-10 Duplicate license $2.00 3 Swimming pools 23-22-12 Penalty for violations $50.00 4 Respiratory care prac- 23-39-11 Application fee $60.00 5 titioners 6 Respiratory care prac- 23-39-11 Renewal fee $60.00 7 titioners 8 SECTION 2. Section 23-3-18 of the General Laws in Chapter 23-3 entitled "Vital Records" 9 is hereby amended to read as follows: 10 23-3-18. Permits. 11 (a) The funeral director, his or her duly authorized agent, or another person acting as a duly 12 authorized agent, who first assumes custody of a dead body or fetus shall prepare a burial-transit 13 permit prior to final disposition or removal from the state of the body or fetus and within seven (7) 14 calendar days after death. 15 (b) The burial-transit permit shall be signed by the funeral director and by the certifying 16 physician as designated in § 23-3-16(c). 17 (c) A burial-transit permit issued under the law of another state which accompanies a dead 18 body or fetus brought into this state shall be authority for final disposition of the body or fetus in 19 this state. 20 (d) A permit for disinterment and re-interment shall be required prior to disinterment of a 21 dead body or fetus except as authorized by regulation or otherwise provided by law. The permit 22 shall be issued by the local registrar of vital records at the place of disinterment to a licensed funeral 23 director, embalmer, his or her duly authorized agent, or another person acting as a duly authorized 24 agent, upon proper application. 25 (e)(1) The body of a deceased person shall not be cremated within An operator of a 26 disposition facility shall not cremate or process by means of natural organic reduction or allow the 27 cremation or processing by means of natural organic reduction of a dead human body until the 28 passage of at least twenty-four (24) hours after his or her death unless he or she dies of a contagious 29 or infectious disease. The body shall not be received or cremated or processed by means of natural 30 organic reduction by any corporation authorized to cremate or conduct the process of natural 31 organic reduction of the bodies of the dead until its officers have received the burial permit required 32 by law before burial, and a cremation certificate or natural organic reduction certificate issued by 33 the Rhode Island office of state medical examiners. A cremation certificate or natural organic 34 LC002754 - Page 23 of 24 reduction certificate shall be issued only if the office of state medical examiners determines that 1 the cause and manner of death is such that no further examination or judicial inquiry concerning 2 the cause and manner of death is necessary. 3 (2) The cremation certificate or natural organic reduction certificate issued to the funeral 4 director by the medical examiner, in duplicate, shall accompany the body to the crematory 5 disposition facility. The crematory disposition facility shall retain the duplicate copy and mail the 6 original copy to the state division of vital records. 7 SECTION 3. This act shall take effect upon passage. 8 ======== LC002754 ======== LC002754 - Page 24 of 24 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- FUNERAL DIRECTOR/EMB ALMER AND FUNERAL SERVICE ESTABLISHMENTS *** This act would provide for the operation and duties of natural organic reduction for the 1 contained, accelerated conversion of human remains to soil. A disposition facility would be used 2 for either cremation or natural organic reduction. 3 This act would take effect upon passage. 4 ======== LC002754 ========