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Rhode Island Senate Bill S0722

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0722 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES -- STATUTES AND
1616 STATUTORY CONSTRUCTI ON
1717 Introduced By: Senators Acosta, Miller, and DiPalma
1818 Date Introduced: March 22, 2023
1919 Referred To: Senate Health & Human Services
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
2727 developmental disabilities defined. Minors with intellectual or developmental disabilities 5
2828 defined. 6
2929 The term “mentally retarded minors” "minors with intellectual or developmental 7
3030 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
31+retarded intellectual development, as determined by an individual multidisciplinary evaluation, 9
32+require specialized instruction appropriate to their individual capacity. 10
3333 16-24-10. Arrangements by cities and towns having small numbers of retarded 11
3434 children. Arrangements by cities and towns having small numbers of children with 12
3535 intellectual and/or developmental disabilities. Arrangements by cities and towns having small 13
3636 numbers of children with intellectual or developmental disabilities. 14
3737 Each city and town which contains fewer than eight (8) mentally retarded minors with 15
3838 intellectual or developmental disabilities may contract with another city or town for the education 16
3939 of the minors or may establish a special class pursuant to the previous provision with the consent 17
4040 of the board of regents for elementary and secondary education. In the event that a city or town 18
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4444 does not establish a class for fewer than eight (8) mentally retarded minors with intellectual or 1
4545 developmental disabilities or contract with another city or town, then the city or town shall contract 2
4646 with a suitable day school for instruction adapted to the mental attainments of the minors; provided 3
4747 that the day schools shall be subject to the regulations and supervision of the state board of regents 4
4848 for elementary and secondary education. 5
4949 16-24-11. Transportation for retarded children. Transportation for children with 6
5050 intellectual and/or developmental disabilities. Transportation for children with intellectual 7
5151 or developmental disabilities. 8
5252 Transportation shall be provided for all pupils attending a special class or suitable day 9
5353 schools. 10
5454 16-24-16. Approved centers. 11
5555 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
56+education of mentally retarded children under the age of eighteen (18), a center approved by the 13
57+director of behavioral healthcare, developmental disabilities and hospitals shall be decreed to be a 14
58+school as considered in this chapter. 15
59+SECTION 2. Sections 23-17.8-1 and 23-17.8-3.1 of the General Laws in Chapter 23-17.8 16
60+entitled "Abuse in Healthcare Facilities" are hereby amended to read as follows: 17
61+23-17.8-1. Definitions. 18
62+(a)(1) “Abuse” means: 19
63+(i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, 20
64+kicking, pinching, slapping, or the pulling of hair; provided, however, unless it is required as an 21
65+element of the offense charged, it shall not be necessary to prove that the patient or resident was 22
66+injured by the assault; 23
67+(ii) Any assault as defined in chapter 37 of title 11; 24
68+(iii) Any offense under chapter 10 of title 11; 25
69+(iv) Any conduct which harms or is likely to physically harm the patient or resident except 26
70+where the conduct is a part of the care and treatment, and in furtherance of the health and safety of 27
71+the patient or resident; or 28
72+(v) Intentionally engaging in a pattern of harassing conduct which causes or is likely to 29
73+cause emotional or psychological harm to the patient or resident, including but not limited to, 30
74+ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident or 31
75+cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm 32
76+on a patient or resident. 33
77+(2) Nothing in this section shall be construed to prohibit the prosecution of any violator of 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+LC001646/SUB A - Page 3 of 19
81+this section under any other chapter. 1
82+(b) “Department” means the department of health when the incident occurs in a health care 2
83+facility, and the department of behavioral healthcare, developmental disabilities and hospitals when 3
84+the incident occurs in a community residence for people who are mentally retarded or persons with 4
85+intellectual or developmental disabilities. 5
86+(c) “Facility” means any health care facility or community residence for persons who are 6
87+mentally retarded, or persons with intellectual or developmental disabilities as those terms are 7
88+defined in this section. “Health care facility” means any hospital or facility which provides long-8
89+term health care required to be licensed under chapter 17 of this title, and any assisted living 9
90+residence required to be licensed under chapter 17.4 of this title, and any community residence 10
91+whether privately or publicly owned. “Community residence” for persons who are mentally 11
92+retarded or persons with intellectual or developmental disabilities means any residential program 12
93+licensed by the department of behavioral healthcare, developmental disabilities and hospitals which 13
94+meets the definition of a community residence as defined in § 40.1-24-1(2) and provides services 14
95+to people who are mentally retarded or persons with intellectual or developmental disabilities. 15
96+(d) “High Managerial Agent” means an officer of a facility, the administrator and assistant 16
97+administrator of the facility, the director and assistant director of nursing services, or any other 17
98+agent in a position of comparable authority with respect to the formulation of the policies of the 18
99+facility or the supervision in a managerial capacity of subordinate employees. 19
100+(e) “Mistreatment” means the inappropriate use of medications, isolation, or use of physical 20
101+or chemical restraints: 21
102+(1) As punishment; 22
103+(2) For staff convenience; 23
104+(3) As a substitute for treatment or care; 24
105+(4) In conflict with a physician’s order; or 25
106+(5) In quantities which inhibit effective care or treatment, or which harms or is likely to 26
107+harm the patient or resident. 27
108+(f) “Neglect” means the intentional failure to provide treatment, care, goods, and services 28
109+necessary to maintain the health and safety of the patient or resident, or the intentional failure to 29
110+carry out a plan of treatment or care prescribed by the physician of the patient or resident, or the 30
111+intentional failure to report patient or resident health problems or changes in health problems or 31
112+changes in health conditions to an immediate supervisor or nurse, or the intentional lack of attention 32
113+to the physical needs of a patient or resident including, but not limited to toileting, bathing, meals, 33
114+and safety. No person shall be considered to be neglected for the sole reason that he or she relies 34
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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+LC001646/SUB A - Page 4 of 19
118+on or is being furnished treatment in accordance with the tenets and teachings of a well-recognized 1
119+church or denomination by a duly-accredited practitioner of a well-recognized church or 2
120+denomination. 3
121+(g) “Patient” means any person who is admitted to a facility for treatment or care, while 4
122+“resident” means any person who maintains their residence or domicile, on either a temporary or 5
123+permanent basis, in a facility. 6
124+(h) “Person” means any natural person, corporation, partnership, unincorporated 7
125+association, or other business entity. 8
126+(i) “Immediate jeopardy” means a situation in which the nursing facility’s alleged 9
127+noncompliance with one or more state or federal requirements or conditions has caused, or is likely 10
128+to cause serious injury, harm, impairment or death to a resident; or shall be defined in accordance 11
129+with 42 CFR 489 or any subsequent applicable federal regulations. 12
130+(j) “Non-immediate jeopardy — high potential for harm” means a situation in which a 13
131+nursing facility’s alleged noncompliance with one or more state or federal requirements or 14
132+conditions may have caused harm that negatively impacts the individual’s mental, physical and/or 15
133+psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent 16
134+applicable federal regulations. 17
135+(k) “Non-immediate jeopardy — medium potential for harm” means a situation in which a 18
136+nursing facility’s alleged noncompliance with one or more state or federal requirements or 19
137+conditions has caused or may have caused harm that is of limited consequence and does not 20
138+significantly impair the individual’s mental, physical and/or psychosocial status to function; or shall 21
139+be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations. 22
140+(l) “Non-immediate jeopardy — low potential for harm” means a situation in which a 23
141+nursing facility’s alleged noncompliance with one or more state or federal requirements or 24
142+conditions may have caused mental, physical and/or psychosocial discomfort that does not 25
143+constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent 26
144+applicable federal regulations. 27
145+23-17.8-3.1. Physician’s, certified registered nurse practitioner’s and physician 28
146+assistant’s report of examination — Duty of facility. 29
147+Whenever a facility shall receive a report by a person other than a physician or a certified 30
148+registered nurse practitioner or physician assistant that a patient or resident of the facility has been 31
149+harmed as a result of abuse, neglect, or mistreatment, the facility shall have the patient examined 32
150+by a licensed physician or a certified registered nurse practitioner or physician assistant. It shall be 33
151+mandatory for the physician or certified registered nurse practitioner or physician assistant to make 34
152152
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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+LC001646/SUB A - Page 5 of 19
155+a preliminary report of his or her findings to the department of health for a healthcare facility, or to 1
156+the department of behavioral healthcare, developmental disabilities and hospitals for a community 2
157+residence for people who are mentally retarded or persons with intellectual or developmental 3
158+disabilities and to the facility within forty-eight (48) hours after his or her examination, and a 4
159+written report within five (5) days after his or her examination. 5
160+SECTION 3. Section 23-74-4 of the General Laws in Chapter 23-74 entitled "Unlicensed 6
161+Health Care Practices" is hereby amended to read as follows: 7
162+23-74-4. Prohibited conduct. 8
163+The director may impose disciplinary action as described in this chapter against any 9
164+unlicensed health care practitioner. The following conduct is prohibited and is grounds for 10
165+disciplinary action: 11
166+(1) Conviction of a crime, including a finding or verdict of guilt, and admission of guilt, or 12
167+a no contest plea, in any court in Rhode Island or any other jurisdiction in the United States, 13
168+reasonably related to engaging in health care practices. Conviction, as used in this subdivision, 14
169+includes a conviction of an offense which, if committed in this state, would be deemed a felony or 15
170+misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where a finding 16
171+or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered. 17
172+(2) Engaging in sexual contact with an unlicensed health care client, engaging in contact 18
173+that may be reasonably interpreted by a client as sexual or engaging in sexual exploitation of a 19
174+client. 20
175+(3) Advertising that is false, fraudulent, deceptive, or misleading. 21
176+(4) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or 22
177+careless disregard for the health or safety of an unlicensed health care client in which case, proof 23
178+of actual injury need not be established. 24
179+(5) Adjudication as mentally incompetent or as a person who is dangerous to self or 25
180+adjudicated as any of the following: chemically dependent, mentally ill, mentally retarded, mentally 26
181+ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous 27
182+person. 28
183+(6) Inability to engage in unlicensed health care practices with reasonable safety to 29
184+unlicensed health care clients. 30
185+(7) Dependence upon controlled substances, habitual drunkenness or engaging in 31
186+unlicensed health care practices while intoxicated or incapacitated by the use of drugs. 32
187+(8) Revealing a communication from, or relating to, an unlicensed health care client except 33
188+when otherwise required or permitted by law. 34
189189
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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+LC001646/SUB A - Page 6 of 19
192+(9) Failure to comply with an unlicensed health care client’s request to furnish an 1
193+unlicensed health care client record or report required by law. 2
194+(10) Splitting fees or promising to pay a portion of a fee to any other professional other 3
195+than for services rendered by the other professional to the unlicensed health care client. 4
196+(11) Engaging in abusive or fraudulent billing practices, including violations of the federal 5
197+Medicare and Medicaid laws or state medical assistance laws. 6
198+(12) Obtaining money, property, or services from an unlicensed health care client, other 7
199+than reasonable fees for services provided to the client, through the use of undue influence, 8
200+harassment, duress, deception, or fraud. 9
201+(13) Failure to provide an unlicensed health care client with a copy of the client bill of 10
202+rights or violation of any provision of the client bill of rights. 11
203+(14) Violating any order issued by the director. 12
204+(15) Failure to comply with any provision of any rules adopted by the director. 13
205+(16) Failure to comply with any additional disciplinary grounds established by the director 14
206+by rule. 15
207+(17) Revocation, suspension, restriction, limitation, or other disciplinary action against any 16
208+health care license, certificate, registration, or right to practice of the unlicensed health care 17
209+practitioner in this or another state or jurisdiction for offenses that would be subject to disciplinary 18
210+action in this state or failure to report to the department that charges regarding the practitioner’s 19
211+license, certificate, registration, or right of practice have been brought in this or another state or 20
212+jurisdiction. 21
213+(18) False or misleading use of the title “doctor,” “Dr.”, “physician” alone or in 22
214+combination with any other words, letters, or insignia to describe the unlicensed health care 23
215+practices the practitioner provides. 24
216+SECTION 4. Section 31-6-6 of the General Laws in Chapter 31-6 entitled "Registration 25
217+Fees" is hereby amended to read as follows: 26
218+31-6-6. Vehicles exempt from fees. 27
219+(a) No registration fee is required for the registration of motor-driven equipment owned by 28
220+the following: 29
221+(1) American Legion bloodmobile; 30
222+(2) American National Red Cross or any of its chapters within this state; 31
223+(3) American Red Cross, Jamestown chapter ambulance; 32
224+(4) American Red Cross, Tiverton chapter ambulance; 33
225+(5) American Red Cross, Warwick chapter ambulances; 34
226226
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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+LC001646/SUB A - Page 7 of 19
229+(6) Animal Rescue League of Southern Rhode Island truck used for rescue work; 1
230+(7) Burrillville Ambulance Corps ambulance; 2
231+(8) Burrillville American Legion Post No. 17 ambulances; 3
232+(9) Civil Air Patrol, Rhode Island wing motor vehicle equipment; 4
233+(10) East Greenwich Ambulance Association ambulances; 5
234+(11) East Greenwich American Legion Post No. 15 (incorporated February 20, 1933) 6
235+ambulances; 7
236+(12) East Tiverton Volunteer Fire Department Rescue Squad of Tiverton (a non-business 8
237+corporation, incorporated February 16, 1955) equipment, that motor vehicle being a rescue truck 9
238+equipped with resuscitators, underwater equipment, emergency lighting units with generators, and 10
239+various other devices needed to effect rescue and save lives and property under any emergency and 11
240+used for this purpose only; 12
241+(13) Foster Ambulance Association ambulances; 13
242+(14) Georgiaville Volunteer Fire Company, Smithfield town ambulance; 14
243+(15) Glocester Ambulance Corps, Inc. ambulance; 15
244+(16) Hianloland Farms Fire Engine Company of West Greenwich RI, (a non-business 16
245+corporation, incorporated November 15, 1940) equipment; 17
246+(17) Hope Valley Ambulance Squad, Inc., ambulances and rescue trucks; 18
247+(18) Hope Valley volunteer fire company ambulances; 19
248+(19) Hope Valley volunteer fire company crash-truck; 20
249+(20) Hospital ambulances; 21
250+(21) Johnston Hose Company No. 1 ambulance; 22
251+(22) Johnston Hose Company No. 3 ambulance; 23
252+(23) Lake Mishnock Volunteer Fire Company Rescue Squad, West Greenwich, Rhode 24
253+Island; 25
254+(24) Le Baron C. Colt Memorial Ambulance, Inc. (with plates designated “car 5,” 26
255+providing ambulance service to any resident of the town of Bristol, incorporated October 17, 1923, 27
256+as a charitable corporation) ambulance; 28
257+(25) Narragansett Rescue Corps, Inc., ambulance; 29
258+(26) North Kingstown Ambulance Association, Inc. (incorporated July 23, 1943, as a 30
259+charitable corporation) ambulance; 31
260+(27) North Providence Chamber of Commerce Ambulance Service, Inc. (incorporated 32
261+March 15, 1947, as a charitable corporation) ambulance; 33
262+(28) North Smithfield Ambulance Association ambulances; 34
263263
264264
265-LC001646/SUB B - 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+LC001646/SUB A - Page 8 of 19
266+(29) North Smithfield Ambulance and Rescue Association rescue wagon and rescue boat 1
267+trailer; 2
268+(30) Northern Lincoln Volunteer Ambulance Corps ambulance; 3
269+(31) Northern Rhode Island Radio Emergency Associated Citizens Teams (REACT) rescue 4
270+truck and other emergency vehicles; 5
271+(32) Public health league or district nursing association in any city or town in this state; 6
272+(33) Rhode Island American Legion, (incorporated January 29, 1941) first district 7
273+ambulance committee of the department ambulances; 8
274+(34) Rhode Island Association of Retarded Citizens, Northern Rhode Island Chapter motor 9
275+vehicles used for the transportation of retarded citizens; 10
276+(35) Rhode Island Association of Retarded Citizens, South County Chapter motor vehicles 11
277+used for the transportation of retarded children; 12
278+(36) Rhode Island Association for Retarded Children, Westerly-Chariho Chapter motor 13
279+vehicles to be used for the transportation of retarded children; 14
280+(37) Rhode Island Society for the Prevention of Cruelty to Animals’ motor vehicles; 15
281+(38) Rhode Island Lions Sight Foundation, Inc., vehicle; 16
282+(39) Rhode Island state departments’ or agencies’ motor vehicles, trailers, or semi-trailers; 17
283+(40) Roy Carpenter’s beach volunteer fire department, Matunuck ambulance; 18
284+(41) Salvation Army of Providence emergency canteen vehicle; 19
285+(42) Scituate Ambulance and Rescue Corps ambulances; 20
286+(43) South County Ambulance Corps, Inc. (incorporated October 28, 1939, as a charitable 21
287+corporation) ambulance; 22
288+(44) South Foster Volunteer Fire Department No. 1 ambulances; 23
289+(45) United States government motor vehicles; 24
290+(46) United States government-accredited motor vehicles owned by a representative of a 25
291+foreign country; 26
292+(47) United States mail rural free delivery driver-owned vehicles. This exemption applies 27
293+to the particular motor vehicle used in carrying that mail, and not to persons or concerns contracting 28
294+to carry the United States mail. The words “United States mail” must be plainly printed on two (2) 29
295+sides of that vehicle; 30
296+(48) Veterans of Foreign Wars bloodmobile; 31
297+(49) Veterans of Foreign Wars, Harold F. Flynn Post No. 263, Woonsocket ambulance; 32
298+(50) Volunteer ambulance or rescue corps ambulance or rescue vehicle of a city or town 33
299+used in transporting sick or injured patients; 34
300300
301301
302-LC001646/SUB B - 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+LC001646/SUB A - Page 9 of 19
303+(51) Westerly Ambulance Corps boat-trailer; 1
304+(52) Westerly Ambulance Corps crash-truck; and 2
305+(53) Westerly Ambulance Corps ambulances. 3
306+(b) Each owner may be required to pay the cost price of the number plates or markers 4
307+required to be displayed on its vehicle. 5
308+SECTION 5. Section 33-5-4 of the General Laws in Chapter 33-5 entitled "Execution and 6
309+Revocation of Wills" is hereby amended to read as follows: 7
310+33-5-4. Nomination of guardian by will. 8
311+Every person authorized by law to make a will may nominate by his or her will a guardian 9
312+or guardians for his or her children during their minority, and a successor guardian or guardians for 10
313+persons who are retarded with intellectual or developmental disabilities as defined in chapter 22 of 11
314+title 40.1 for whom he or she had been appointed guardian during his or her lifetime, and the probate 12
315+court shall appoint the guardian or guardians unless good cause be shown to the contrary; provided, 13
316+that, in the case of husband and wife, the survivor, being otherwise qualified, shall be the guardian 14
317+of their children. 15
318+SECTION 6. Section 34-4-25 of the General Laws in Chapter 34-4 entitled "Estates in Real 16
319+Property" is hereby amended to read as follows: 17
320+34-4-25. Invalidity of certain restrictive covenants. 18
321+Since many mentally retarded and mentally disabled individuals with intellectual or 19
322+developmental disabilities or who are mentally disabled are able to live in the community with 20
323+some assistance, it is the public policy of the state of Rhode Island to establish community 21
324+residences in residential areas. Therefore, any restrictive covenant or other private legal 22
325+impediment which directly or indirectly prevents or restricts the establishment of licensed 23
326+community residences as defined in § 40.1-24-1 for eight (8) or fewer mentally retarded or mentally 24
327+disabled persons with intellectual or developmental disabilities shall be void and unenforceable as 25
328+to those community residences. 26
329+SECTION 7. Chapter 40.1-8 of the General Laws entitled "Governor’s Committee on 27
330+Mental Retardation" is hereby repealed in its entirety. 28
331+CHAPTER 40.1-8 29
332+Governor’s Committee on Mental Retardation 30
333+40.1-8-1. Creation — Members. 31
334+(a) There is hereby created a fourteen (14) member permanent committee to be known as 32
335+the “Governor’s Committee on Mental Retardation,” hereinafter referred to as “the committee”: 33
336+(1) Six (6) of whom shall be representatives of non-governmental organizations or groups 34
337337
338338
339-LC001646/SUB B - 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+LC001646/SUB A - Page 10 of 19
340+concerned with education, employment, rehabilitation, welfare, and health, to be appointed by the 1
341+governor; 2
342+(2) Six (6) of whom shall be representatives of consumers who are mentally retarded, of 3
343+this group, three (3) of whom shall be selected from a list of nominees submitted by the RI ARC, 4
344+to be appointed by the governor; 5
345+(3) One of whom shall be from the house of representatives to be appointed by the speaker; 6
346+(4) And one of whom shall be from the senate to be appointed by the president of the senate. 7
347+(b) The assistant director for developmental disabilities within the department of behavioral 8
348+healthcare, developmental disabilities and hospitals shall serve as an ex officio member but shall 9
349+not be eligible to vote. 10
350+(c) No employee of any state agency or institution engaged in the care or training of persons 11
351+who are mentally retarded shall be eligible for appointment to the committee. 12
352+40.1-8-2. Terms of appointment. 13
353+(a) Of the nonlegislative members appointed originally under this chapter, one-third (⅓) 14
354+shall be appointed for a term of one year; one-third (⅓) shall be appointed for a term of two (2) 15
355+years; and one-third (⅓) shall be appointed for a term of three (3) years. The two (2) legislative 16
356+members shall serve for the length of their current elected term in office and reappointment or 17
357+replacement shall be for like terms. Thereafter, vacancies created by the expiration of terms shall 18
358+be filled with appointments for terms of three (3) years. Members whose terms expire may be 19
359+reappointed to succeed themselves. 20
360+(b) Vacancies occurring prior to the expiration of the term for which appointed shall be 21
361+filled by appointment in like manner for the remainder of the term. 22
362+40.1-8-3. Appointment of officers and employees — Rules — Meetings. 23
363+(a) The governor shall designate one member of the committee to serve as its chairperson 24
364+during the governor’s term of office or until he or she appoints another member of the committee 25
365+to serve in that capacity. The committee shall elect annually, from among its members, a vice 26
366+chairperson, who shall serve as such until a successor is elected and who is authorized to act as 27
367+chairperson pro tempore of the committee during the absence of the chairperson or should there be 28
368+a vacancy for any cause in the office of the chairperson. The committee shall appoint an executive 29
369+secretary to serve as executive officer and secretary of the committee. The executive secretary may 30
370+be the employee of another agency of state government, appointed to serve as executive secretary 31
371+of the committee, with the consent of the executive office of the secretary’s own agency. 32
372+(b) The committee may appoint such other personnel as may be necessary for the efficient 33
373+performance of the duties prescribed by this chapter. 34
374374
375375
376-LC001646/SUB B - 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+LC001646/SUB A - Page 11 of 19
377+(c) The committee shall make rules for the conduct of its affairs, and shall meet at least 1
378+bimonthly, and at other times upon the call of the chair or the written request of any two (2) 2
379+members. 3
380+40.1-8-4. Compensation and expenses of committee. 4
381+The members of the committee shall receive no compensation for their services as 5
382+committee members, but may, at the discretion of the governor, be reimbursed for traveling and 6
383+other expenses actually incurred in the performance of their official duties. 7
384+40.1-8-5. Purpose of committee. 8
385+(a) It shall be the duty of the committee to work in cooperation with the President’s 9
386+Committee for People with Intellectual Disabilities and such other interested federal and state 10
387+agencies, private organizations, and community groups in promoting the amelioration of mental 11
388+retardation through the utilization of whatever community and state resources the committee may 12
389+deem necessary to accomplish this. 13
390+(b) The committee shall consider and advise the governor, through the office of mental 14
391+retardation, and the department of behavioral healthcare, developmental disabilities and hospitals, 15
392+on such mental retardation legislation and other retardation matters as its members, the governor, 16
393+the director of the department of behavioral healthcare, developmental disabilities and hospitals, 17
394+and the assistant director for mental retardation may request; including, but not being limited to, 18
395+advising and consulting with the office of mental retardation concerning improving the care, 19
396+rehabilitation, and the training of mentally retarded persons, purchase of facilities, plans for 20
397+construction of mental retardation facilities and the administration of programs and facilities 21
398+(private and public) which receive state funds for the purpose of ameliorating mental retardation 22
399+and/or otherwise providing services for mentally retarded persons. 23
400+40.1-8-6. Authority to receive gifts. 24
401+The committee is authorized to receive any gifts, grants, or donations made for any of the 25
402+purposes of its program, and to disburse and administer the same in accordance with the terms 26
403+thereof. 27
404+SECTION 8. Section 40.1-24.5-1 of the General Laws in Chapter 40.1-24.5 entitled 28
405+"Community Residences" is hereby amended to read as follows: 29
406+40.1-24.5-1. Definitions. 30
407+Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 31
408+pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, 32
409+developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly 33
410+stated, or unless the context or subject matter otherwise requires: 34
411411
412412
413-LC001646/SUB B - 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+LC001646/SUB A - Page 12 of 19
414+(1) “Community residence” means a place, such as a group home, however named, licensed 1
415+pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological 2
416+support, skills training, social guidance, and living accommodations to individuals who are 3
417+mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be 4
418+deemed to include places, however named, for persons with intellectual or developmental 5
419+disabilities, or who are mentally retarded, alcoholics, or drug abusers persons with substance use 6
420+disorders. 7
421+(2) “Director” means the head or the chief administrative officer of the community 8
422+residence, or his or her designee. 9
423+(3) “Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to 10
424+enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and 11
425+40.1-24.5-6. 12
426+(4) “Individualized service plan” means the document that sets forth specific services, such 13
427+as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and 14
428+express short- and long-term goals and objectives responsive to the individual needs of the resident. 15
429+(5) “Mental health advocate” means and refers to the individual appointed by the governor 16
430+with the advice and consent of the senate in accordance with § 40.1-5-14 and to his or her duly 17
431+appointed assistants. 18
432+(6) “Person” means any individual, partnership, corporation, company, or association and 19
433+the legal successors in interest thereof. 20
434+(7) “Resident” means an individual of lawful age admitted to a community residence. 21
435+SECTION 9. Sections 40.1-21-4.3 and 40.1-21-11 of the General Laws in Chapter 40.1-21 22
436+entitled "Division of Developmental Disabilities" are hereby amended to read as follows: 23
437+40.1-21-4.3. Definitions. 24
438+As used in this chapter and in chapter 22 of this title the words: 25
439+(5)(1) “Developmentally disabled adult” "Adult with intellectual or developmental 26
440+disabilities" means a person, eighteen (18) years old or older and not under the jurisdiction of the 27
441+department of children, youth and families who is either a mentally retarded developmentally 28
442+disabled an adult with intellectual or developmental disabilities or is a person with a severe, chronic 29
443+disability that: 30
444+(i) Is attributable to a mental or physical impairment or combination of mental and physical 31
445+impairments; 32
446+(ii) Is manifested before the person attains age twenty-two (22); 33
447+(iii) Is likely to continue indefinitely; 34
448448
449449
450-LC001646/SUB B - 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+LC001646/SUB A - Page 13 of 19
451+(iv) Results in substantial functional limitations in three (3) or more of the following areas 1
452+of major life activity: 2
453+(A) Self care; 3
454+(B) Receptive and expressive language; 4
455+(C) Learning; 5
456+(D) Mobility; 6
457+(E) Self-direction; 7
458+(F) Capacity for independent living; 8
459+(G) Economic self-sufficiency; and 9
460+(v) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 10
461+or generic care, treatment, or other services that are of lifelong or extended duration and are 11
462+individually planned and coordinated. For purposes of funding, it is understood that students 12
463+enrolled in school will continue to receive education from their local education authority in 13
464+accordance with § 16-24-1 et seq. 14
465+(1)(2) “Ancillary services” means those services provided, and shall include, but not be 15
466+limited to, transportation, housing, housing adaptation, personal attendant care, and homemaker 16
467+services. 17
468+(2)(3) “Case management” means the implementation of an individual’s program by 18
469+providing information, by referral to appropriate service providers, by procurement of services, and 19
470+by the coordination of the necessary services. 20
471+(3)(4) “Department” means the Rhode Island department of behavioral healthcare, 21
472+developmental disabilities and hospitals. 22
473+(4)(5) “Developmental services” means those services provided to developmentally 23
474+disabled adults, and shall include, but not be limited to, habilitation and rehabilitation services, and 24
475+day services. 25
476+(6) “Diagnosis and evaluation” means a process to determine whether and to what extent 26
477+an individual is intellectually or developmentally disabled and a study of the individual’s condition, 27
478+situation, and needs that lead to a recommendation of what services, if any, would benefit the 28
479+individual. 29
480+(7) “Individualized program plan” or “general service plan” means a plan, however named, 30
481+that includes, but shall not be limited to, the following: 31
482+(i) An evaluation of the strengths, difficulties, needs, and goals of the individual; 32
483+(ii) A description of those services found to be necessary or appropriate to assist the 33
484+individual in realizing his or her potential for self-sufficiency in major life activities; 34
485485
486486
487-LC001646/SUB B - Page 14 of 19
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+LC001646/SUB A - Page 14 of 19
488+(iii) A description of the agencies and/or individuals, who or that are proposed to provide 1
489+each of the recommended services; 2
490+(iv) The intermediate and long-range objectives for the individual’s development and 3
491+habilitation; 4
492+(v) The expected duration for the provision of the services; 5
493+(vi) A description of the tests and other evaluative devices used and their results; 6
494+(vii) Proposed criteria for monitoring and evaluating the success of the services in meeting 7
495+the individual’s needs; and 8
496+(viii) The signatures of the preparers of the plan and the date. 9
497+The individual program plan shall indicate developmental, supportive, or ancillary services 10
498+by function and frequency, the manner of subsidy and delivery and the categories of need for 11
499+services such as transportation, job training, or occupation, housing, housing adaptation, personal 12
500+attendant care, homemaker, or other services. This plan shall be reviewed at least annually; 13
501+provided, however, that authorizations for services and funding issued prior to July 1, 2011, are 14
502+null and void. Authorizations will be paid at the rate effective in the quarter the service was 15
503+provided. 16
504+(8) “Mentally retarded developmentally disabled adult” means a person eighteen (18) years 17
505+old or older and not under the jurisdiction of the department of children, youth and families, with 18
506+significant sub-average, general intellectual functioning two (2) standard deviations below the 19
507+norm, existing concurrently with deficits in adaptive behavior and manifested during the 20
508+developmental period. For purposes of funding, it is understood that students enrolled in school 21
509+will continue to receive education from their local education authority in accordance with § 16-22
510+24-1 et seq. 23
511+(9)(8) “Service broker” means that individual who assists in facilitating the connection 24
512+between the developmentally disabled person with intellectual or developmental disabilities and 25
513+the services required by the individual program plan. 26
514+(10)(9) “Subsidized access to service” means the provisions of financial resources through 27
515+vouchers to a developmentally disabled person with intellectual or developmental disabilities to 28
516+enable the person to gain access to appropriate generic and/or special services as required by the 29
517+individual program plan. 30
518+(11)(10) “Supportive services” means those services provided to developmentally disabled 31
519+adults with intellectual or developmental disabilities, and shall include, but not be limited to, 32
520+occupational therapy, physical therapy, psychological services, counseling, nursing services, and 33
521+medical services. 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+LC001646/SUB A - Page 15 of 19
525+40.1-21-11. References to director or assistant director of social welfare. 1
526+Whenever, in any general or special law, reference is or shall be made to the director of 2
527+social welfare or the assistant director of social welfare for curative services pertaining to the 3
528+Doctor Joseph H. Ladd Center, programs, and services for people who are mentally retarded with 4
529+intellectual or developmental disabilities, the reference shall mean, and be construed to mean, the 5
530+director of behavioral healthcare, developmental disabilities and hospitals. 6
531+SECTION 10. Sections 40.1-22-3 and 40.1-22-9 of the General Laws in Chapter 40.1-22 7
532+entitled "Developmental Disabilities" are hereby amended to read as follows: 8
533+40.1-22-3. Definitions. 9
534+Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 10
535+pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly 11
536+stated, or unless the context or subject matter otherwise requires: 12
537+(1) “Client” means any developmentally disabled adult who is in potential need of, or is 13
538+receiving, services aimed at alleviating his or her condition of functional dependence. 14
539+(2) “Department” means the department of behavioral healthcare, developmental 15
540+disabilities and hospitals. 16
541+(3) “Development, education, rehabilitation, and care” means physical development, 17
542+application of these abilities to meaningful occupations, development of personal and social skills, 18
543+all of which are directed to the objective of independent living and self-maintenance. Care also 19
544+includes medical care, surgical attendance, medication, as well as food, clothing, supervision, and 20
545+maintenance furnished to a resident. 21
546+(4) “Director” means the director of the department of behavioral healthcare, 22
547+developmental disabilities and hospitals or his or her designees. 23
548+(5) “Facility” means any public or private facility, inpatient rehabilitation center, hospital, 24
549+institution, or other domiciliary facility, the office of developmental disabilities or any part thereof, 25
550+equipped to habilitate, on a residential basis, persons who are intellectually or developmentally 26
551+disabled and in need of residential care. This shall include any facility maintaining adequate staff 27
552+and facilities within the state providing in-residence supervision and habilitation and approved by 28
553+the director upon application of the facility. Included within this definition shall be all institutions 29
554+and facilities under the control and direction of the director. Nothing contained herein shall be 30
555+construed to amend or repeal any of the provisions of chapters 17 or 17.4 of title 23, or of chapter 31
556+15 of title 40, or of chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shall be brought 32
557+to the attention of the director that any private facility may not have adequate staff, or facilities as 33
558+determined by regulations of the director, then the facility shall not be approved for the placement 34
559559
560560
561-LC001646/SUB B - Page 16 of 19
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+LC001646/SUB A - Page 16 of 19
562+of developmentally disabled adults with intellectual or developmental disabilities under the 1
563+provisions of this chapter. 2
564+(6) “Notice” means written notice in as simple and non-technical language as practicable 3
565+as required by the department, or the court of competent jurisdiction. The notice shall be in writing 4
566+to the director of the department by registered or certified mail, return receipt required. Notice sent 5
567+to a client shall also include verbal reading of the written notice by duly authorized agents of the 6
568+department, and/or court. The agents shall make verified return of the oral notification as well as 7
569+the written. This requirement of oral notice to anyone alleged to be intellectually or 8
570+developmentally disabled shall be required because of the recognized limitation that many retarded 9
571+and developmentally disabled persons with intellectual or developmental disabilities are unable to 10
572+comprehend written notices. 11
573+(7) “Objection.” If an objection is raised it shall be in writing, of a timely nature, and filed 12
574+with the clerk of the family or district court, a copy of which is to be sent to the director of the 13
575+department via registered or certified mail, return receipt requested. 14
576+(8) “Parent” means the natural, adoptive, foster parent or caretaker of the child. 15
577+(9) “Qualified intellectual disability professional (QIDP)” means a person as defined in 42 16
578+C.F.R. 483.430, as amended. 17
579+(10) “Team” means an interdisciplinary team which includes such professional personnel 18
580+designated by the director and which shall consist of no less than three (3) persons selected by order 19
581+of the director, no less than one of whom shall be a licensed physician, no less than one of whom 20
582+shall be a member of the social work profession, and no less than one of whom shall be a qualified 21
583+intellectual disability professional (QIDP). 22
584+40.1-22-9. Admission upon application of director, relative, or guardian. 23
585+(a)(1) Upon the application of the director of the department of behavioral healthcare, 24
586+developmental disabilities and hospitals or his or her designee, or of any relative, next of kin, or 25
587+legally designated guardian of a person alleged to be developmentally disabled, and in need of 26
588+immediate care and treatment, the superintendent or other official in charge of any facility may 27
589+receive the person; provided the application is accompanied by the certificate of one examining 28
590+physician; provided further, that the person alleged to be intellectually or developmentally disabled 29
591+does not object to admission, or that parents, guardian, spouse, or next of kin do not object if under 30
592+eighteen (18); and provided further, that the need for residential care shall be confirmed by the 31
593+facility by a team examination within twenty (20) days of admission. 32
594+(2) If objection is raised, by the person, or by the parent, guardian, spouse, or next of kin, 33
595+then the matter shall be heard as provided in § 40.1-22-10, so far as possible. 34
596596
597597
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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+LC001646/SUB A - Page 17 of 19
599+(b) If upon examination at the facility by a team the need of the client for residential care 1
600+and treatment is not confirmed, the client shall be discharged. 2
601+(c) If upon examination by a team at the facility the need of the client for residential care 3
602+and treatment is confirmed and the client agrees to remain in the facility as a voluntary client, then 4
603+he or she shall be considered a voluntary client as of the date of his or her so agreeing. 5
604+(d) If upon examination at the facility the need of the client for residential care and 6
605+treatment is confirmed and the client, if over eighteen (18), declines or refuses to remain in the 7
606+facility as a voluntary client, then the certificate of a team supporting the application shall be filed 8
607+with the facility. The team may be on the staff of any facility as herein defined, but persons on this 9
608+team shall have no interest, directly or indirectly, in the assets or estate of the person who is 10
609+mentally retarded with intellectual or developmental disabilities, nor shall they be related to the 11
610+person by blood or marriage. The examination and certification shall be made no later than ten (10) 12
611+days from the date of the confirmation of the client’s need for hospitalization, care, and treatment 13
612+at the facility. 14
613+(e) From the time of his or her admission under the previous subsection, the retention of 15
614+the person for residential care and treatment shall be subject to the provisions for notice, hearing, 16
615+review, and judicial approval of continued retention or transfer and continued retention as provided 17
616+in this chapter. For the purposes of subsections (d) and (e) of this section, the date of admission of 18
617+the client shall be deemed to be the date of the second examination and certification. 19
618+(f) Failure to obtain the second certificate as required within the period specified shall result 20
619+in the discharge of client no later than twenty (20) days after his or her original admission to the 21
620+facility under the provisions of this chapter. 22
621+SECTION 11. Section 40.1-24.5-1 of the General Laws in Chapter 40.1-24.5 entitled 23
622+"Community Residences" is hereby amended to read as follows: 24
623+40.1-24.5-1. Definitions. 25
624+Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 26
625+pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, 27
626+developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly 28
627+stated, or unless the context or subject matter otherwise requires: 29
628+(1) “Community residence” means a place, such as a group home, however named, licensed 30
629+pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological 31
630+support, skills training, social guidance, and living accommodations to individuals who are 32
631+mentally disabled, as defined by § 40.1-5-2; provided, however, that this definition shall not be 33
632+deemed to include places, however named, for persons who are mentally retarded with intellectual 34
633633
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635-LC001646/SUB B - 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+LC001646/SUB A - Page 18 of 19
636+or developmental disabilities, alcoholics, or drug abusers or persons with substance use disorders. 1
637+(2) “Director” means the head or the chief administrative officer of the community 2
638+residence, or his or her designee. 3
639+(3) “Grievance procedure” means the formalized process mandated by § 40.1-24.5-8 to 4
640+enable residents to register alleged violations of the resident’s rights assured by §§ 40.1-24.5-5 and 5
641+40.1-24.5-6. 6
642+(4) “Individualized service plan” means the document that sets forth specific services, such 7
643+as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and 8
644+express short- and long-term goals and objectives responsive to the individual needs of the resident. 9
645+(5) “Mental health advocate” means and refers to the individual appointed by the governor 10
646+with the advice and consent of the senate in accordance with § 40.1-5-14 and to his or her duly 11
647+appointed assistants. 12
648+(6) “Person” means any individual, partnership, corporation, company, or association and 13
649+the legal successors in interest thereof. 14
650+(7) “Resident” means an individual of lawful age admitted to a community residence. 15
651+SECTION 12. This act shall take effect upon passage. 16
660652 ========
661-LC001646/SUB B
653+LC001646/SUB A
662654 ========
663655
664656
665-LC001646/SUB B - Page 19 of 19
657+LC001646/SUB A - Page 19 of 19
666658 EXPLANATION
667659 BY THE LEGISLATIVE COUNCIL
668660 OF
669661 A N A C T
670662 RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES -- STATUTES AND
671663 STATUTORY CONSTRUCTI ON
672664 ***
673665 This act would incorporate the use of appropriate disability language, by replacing the 1
674666 terms "developmental disability" or "developmental disabilities" or "mentally retarded" or 2
675667 "retarded" or "alcoholics" or "drug abusers" as used in the general laws, with the words, 3
676668 "intellectual or developmental disability" or "person with an intellectual or developmental 4
677669 disability, or persons with substance use disorders." 5
678670 This act would take effect upon passage. 6
679671 ========
680-LC001646/SUB B
672+LC001646/SUB A
681673 ========
682674