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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5550 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001764 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- DENTISTS AND DENTAL |
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| 16 | 16 | | HYGIENISTS |
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| 17 | 17 | | Introduced By: Representatives Shanley, and Batista |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: House Corporations |
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| 20 | 20 | | (Dept. of Health) |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 5-31.1-2 of the General Laws in Chapter 5-31.1 entitled "Dentists 1 |
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| 24 | 24 | | and Dental Hygienists" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 5-31.1-2. Board of examiners in dentistry — Members — Compensation — Funds. 3 |
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| 26 | 26 | | (a) There is created within the department of health the Rhode Island board of examiners 4 |
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| 27 | 27 | | in dentistry composed of the following members: 5 |
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| 28 | 28 | | (1) Eight (8) licensed dentists, no more than three (3) shall be dental specialists as 6 |
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| 29 | 29 | | recognized by the American Dental Association (ADA) and at least one of the three (3) dental 7 |
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| 30 | 30 | | specialists shall be an oral and maxillofacial surgeon; 8 |
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| 31 | 31 | | (2) Four (4) public members not associated with the dental field; 9 |
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| 32 | 32 | | (3) Two (2) licensed dental hygienists; 10 |
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| 33 | 33 | | (4) The chief of the office of dental public health, who shall serve as an ex-officio member 11 |
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| 34 | 34 | | of the board; and 12 |
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| 35 | 35 | | (5) One certified dental assistant. 13 |
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| 36 | 36 | | (b) The governor shall appoint the members of the board, except that prior to appointing 14 |
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| 37 | 37 | | the eight (8) dentist members, the governor may submit a list of all candidates to the appropriate 15 |
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| 38 | 38 | | dental societies for comments as to their qualifications. No member shall be appointed for more 16 |
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| 39 | 39 | | than two (2) consecutive full terms. A member appointed for less than a full term (originally or to 17 |
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| 40 | 40 | | fill a vacancy) may serve two (2) full terms in addition to that part of a full term, and a. Upon 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001764 - Page 2 of 14 |
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| 44 | 44 | | expiration of the term of office, a member shall continue to serve until a successor is appointed and 1 |
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| 45 | 45 | | qualified. A former member is again eligible for appointment after a lapse of one or more years. 2 |
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| 46 | 46 | | All subsequent appointments to the board shall be for a term of three (3) years. Any member of the 3 |
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| 47 | 47 | | board may be removed by the governor for neglect of duty, misconduct, malfeasance, or 4 |
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| 48 | 48 | | misfeasance in office after being given a written statement of the charges against him or her and 5 |
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| 49 | 49 | | sufficient opportunity to be heard on the charges. The director of the department of health shall 6 |
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| 50 | 50 | | appoint from the members a chairperson who shall be a dentist duly licensed under the laws of the 7 |
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| 51 | 51 | | state of Rhode Island, and a vice-chairperson who shall in the absence of the chairperson exercise 8 |
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| 52 | 52 | | all powers of the chairperson, and secretary, who serve for one year or until their successors are 9 |
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| 53 | 53 | | appointed and qualified. A majority of seats filled shall constitute a quorum. The board shall meet 10 |
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| 54 | 54 | | at least once a month or more often upon the call of the chairperson, director of health, or dental 11 |
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| 55 | 55 | | administrator, at any times and places that the chairperson designates. 12 |
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| 56 | 56 | | (c) Members of the board shall not be paid for the discharge of official duties. 13 |
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| 57 | 57 | | (d) The director has the authority to suspend or revoke the license of any dentist or dental 14 |
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| 58 | 58 | | hygienist who does not pay the annual fee. Monies shall be received by the department and 15 |
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| 59 | 59 | | deposited in the general fund as general revenues. 16 |
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| 60 | 60 | | SECTION 2. Section 5-34-40 of the General Laws in Chapter 5-34 entitled "Nurses" is 17 |
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| 61 | 61 | | hereby amended to read as follows: 18 |
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| 62 | 62 | | 5-34-40. Advanced practice nurse advisory committee. 19 |
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| 63 | 63 | | (a) The seven-member (7) committee consists of two (2) certified nurse practitioners, two 20 |
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| 64 | 64 | | (2) certified registered nurse anesthetists, two (2) certified clinical nurse specialists, and one 21 |
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| 65 | 65 | | consumer. The director of health shall appoint the committee. In making appointments to the 22 |
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| 66 | 66 | | committee, the director shall consider persons recommended by professional nurse organizations 23 |
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| 67 | 67 | | and professional medical associations. The professional members of the committee shall be 24 |
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| 68 | 68 | | currently engaged in practice. The consumer members shall be: (1) Knowledgeable in consumer 25 |
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| 69 | 69 | | health concerns; (2) A resident of the state; (3) Not licensed as a healthcare practitioner; (4) Not a 26 |
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| 70 | 70 | | parent, spouse, sibling, or child of a person licensed as a healthcare practitioner and not a student 27 |
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| 71 | 71 | | in a professional program; (5) Not having a direct financial interest in healthcare services; and (6) 28 |
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| 72 | 72 | | Not a member or an employee of any board of control of any public or private healthcare service. 29 |
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| 73 | 73 | | (b) Each member appointment shall be for three (3) years, with no. No member serving 30 |
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| 74 | 74 | | shall be appointed to more than two (2) consecutive, three-year (3) terms, except that in making the 31 |
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| 75 | 75 | | initial appointments, the director designates: four (4) members for a term of two (2) years; three (3) 32 |
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| 76 | 76 | | members for a term of three (3) years; and the consumer members for three-year (3) terms. Upon 33 |
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| 77 | 77 | | expiration of the term of office, a member shall continue to serve until a successor is appointed and 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001764 - Page 3 of 14 |
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| 81 | 81 | | qualified. 1 |
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| 82 | 82 | | (c) This committee must meet not fewer than two (2) times per year. The committee has 2 |
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| 83 | 83 | | the following functions: 3 |
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| 84 | 84 | | (1) To assess advanced nursing practice for the purpose of improving patient care. 4 |
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| 85 | 85 | | (2)(i) To review all complaints regarding advanced practice nurses and recommend any 5 |
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| 86 | 86 | | and all disciplinary or corrective action that it deems appropriate, including revocation and 6 |
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| 87 | 87 | | suspension of license upon proof that an advanced practice nurse has: 7 |
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| 88 | 88 | | (A) Aided or abetted an uncertified person to practice as an advanced practice nurse; 8 |
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| 89 | 89 | | (B) Become addicted to the use of liquor or controlled substances; 9 |
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| 90 | 90 | | (C) Negligently, willfully, or intentionally acted in a manner inconsistent with the health 10 |
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| 91 | 91 | | and safety of persons entrusted to his or her care; 11 |
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| 92 | 92 | | (D) Had his or her authorization to practice as an advanced practice nurse denied, revoked, 12 |
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| 93 | 93 | | or suspended in another state; 13 |
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| 94 | 94 | | (E) Engaged in the performance of medical functions beyond the scope of practice 14 |
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| 95 | 95 | | authorized by the provisions of this chapter; 15 |
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| 96 | 96 | | (F) Willfully failed to file or record medical records and reports; 16 |
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| 97 | 97 | | (G) Mental incompetence; or 17 |
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| 98 | 98 | | (H) Willfully failed to maintain standards established by the nursing profession. 18 |
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| 99 | 99 | | (ii) The recommendation shall be submitted to the board of nursing for implementation. 19 |
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| 100 | 100 | | (3) To advise periodically the board of nurse registration and nursing education regarding 20 |
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| 101 | 101 | | advanced nurse practice. 21 |
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| 102 | 102 | | SECTION 3. Section 5-35.2-8 of the General Laws in Chapter 5-35.2 entitled "Opticians" 22 |
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| 103 | 103 | | is hereby amended to read as follows: 23 |
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| 104 | 104 | | 5-35.2-8. Advisory committee for opticianry. 24 |
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| 105 | 105 | | There is created an advisory committee for opticianry, appointed by the director, to consist 25 |
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| 106 | 106 | | of five (5) members, who shall be residents of the state, four (4) of whom shall be licensed as 26 |
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| 107 | 107 | | opticians under the provisions of this chapter, and shall have practiced as opticians for a period of 27 |
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| 108 | 108 | | at least five (5) years, and one layperson who shall be from the public. The members of the advisory 28 |
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| 109 | 109 | | committee shall be appointed for terms of three (3) years; each member may serve a maximum of 29 |
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| 110 | 110 | | no member shall be appointed to more than two (2) full terms. Upon expiration of the term of office, 30 |
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| 111 | 111 | | a member shall continue to serve until a successor is appointed and qualified. A majority of seats 31 |
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| 112 | 112 | | filled shall constitute a quorum. The duties of the advisory committee for opticianry shall include 32 |
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| 113 | 113 | | but not be limited to advising the director on all matters pertaining to the licensure and regulation 33 |
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| 114 | 114 | | of opticianry in this state. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001764 - Page 4 of 14 |
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| 118 | 118 | | SECTION 4. Sections 5-36.1-9 and 5-36.1-11 of the General Laws in Chapter 5-36.1 1 |
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| 119 | 119 | | entitled "License of Naturopathy Act of 2017" are hereby amended to read as follows: 2 |
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| 120 | 120 | | 5-36.1-9. Board of licensure. 3 |
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| 121 | 121 | | (a) The director of the department of health, with the approval of the governor, shall appoint 4 |
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| 122 | 122 | | a board consisting of five (5) persons, all residents of the state, to constitute a board of licensure 5 |
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| 123 | 123 | | for naturopathy with the duties, powers, and authority as stated in this chapter, and that board shall 6 |
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| 124 | 124 | | be composed of the following: 7 |
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| 125 | 125 | | (1) Two (2) members who shall be licensed physicians under chapter 37 of this title who 8 |
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| 126 | 126 | | have been actively engaged in the practice of medicine; 9 |
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| 127 | 127 | | (2) One member who is a representative of the general public not employed in any health-10 |
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| 128 | 128 | | related field; and 11 |
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| 129 | 129 | | (3) Two (2) members who shall be doctors of naturopathy meeting the qualifications for 12 |
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| 130 | 130 | | licensure under this chapter. 13 |
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| 131 | 131 | | (b) Members shall be appointed for terms of three (3) years each with no. No member 14 |
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| 132 | 132 | | serving shall be appointed to more than two (2) consecutive terms. Upon expiration of the term of 15 |
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| 133 | 133 | | office, a member shall continue to serve until a successor is appointed and qualified. 16 |
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| 134 | 134 | | (c) In their initial appointment, the director shall designate the members of the board of 17 |
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| 135 | 135 | | licensure as follows: three (3) members to serve for terms of three (3) years; and two (2) members 18 |
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| 136 | 136 | | to serve for a term of two (2) years. 19 |
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| 137 | 137 | | (d) The director of the department of health may remove any member of the board for 20 |
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| 138 | 138 | | cause. 21 |
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| 139 | 139 | | (e) Vacancies shall be filled for the unexpired portion of any term in the same manner as 22 |
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| 140 | 140 | | the original appointment. 23 |
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| 141 | 141 | | 5-36.1-11. Board of licensure — Organization and meetings — Compensation of 24 |
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| 142 | 142 | | members. 25 |
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| 143 | 143 | | The board shall elect its own chairperson annually and shall meet at the call of the 26 |
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| 144 | 144 | | administrator, the chairperson, or upon the request of two (2) or more members of the board. A 27 |
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| 145 | 145 | | quorum shall consist of at least three (3) members present A majority of seats filled shall constitute 28 |
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| 146 | 146 | | a quorum, one of whom must be a doctor of naturopathy. The board shall approve programs for 29 |
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| 147 | 147 | | continuing naturopathic education. Board members shall serve without compensation. 30 |
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| 148 | 148 | | SECTION 5. Section 5-37-1.1 of the General Laws in Chapter 5-37 entitled "Board of 31 |
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| 149 | 149 | | Medical Licensure and Discipline" is hereby amended to read as follows: 32 |
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| 150 | 150 | | 5-37-1.1. Board of medical licensure and discipline — Creation — Composition — 33 |
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| 151 | 151 | | Appointment, removal, and compensation of members — Officers — Meetings — Funds. 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001764 - Page 5 of 14 |
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| 155 | 155 | | (a)(1) There is created within the department of health, the Rhode Island board of medical 1 |
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| 156 | 156 | | licensure and discipline which is composed of the following members: 2 |
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| 157 | 157 | | (i) Four (4) licensed physicians who possess the degree of doctor of allopathic medicine; 3 |
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| 158 | 158 | | one of whom shall be a full-time medical school faculty member; 4 |
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| 159 | 159 | | (ii) Two (2) licensed physicians who hold the degree of doctor of osteopathic medicine; 5 |
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| 160 | 160 | | (iii) Five (5) public members, one of whom is an attorney with experience as plaintiff’s 6 |
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| 161 | 161 | | counsel in the presentation or prosecution of medical malpractice matters, and one of whom is a 7 |
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| 162 | 162 | | member of the general public, not associated with the medical field, who is at least sixty (60) years 8 |
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| 163 | 163 | | of age; and three (3) of whom are public members not associated with the medical field; 9 |
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| 164 | 164 | | (iv) One hospital administrator; and 10 |
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| 165 | 165 | | (v) The director of the department of health who shall serve as chairperson of the board. 11 |
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| 166 | 166 | | (2) The governor shall appoint the members of the board except that prior to appointing 12 |
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| 167 | 167 | | the six (6) physician members the governor may submit a list of all candidates to the appropriate 13 |
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| 168 | 168 | | medical or osteopathic societies for comments as to their qualifications. When the board is first 14 |
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| 169 | 169 | | selected, six (6) members shall be appointed for a term of three (3) years, five (5) members shall 15 |
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| 170 | 170 | | be appointed for a term of two (2) years, and two (2) members shall be appointed for a term of one 16 |
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| 171 | 171 | | year. No member shall be appointed for more than two (2) consecutive full terms. A member 17 |
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| 172 | 172 | | appointed for less than a full term (originally or to fill a vacancy) may serve two (2) full terms in 18 |
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| 173 | 173 | | addition to that part of a full term, and a former member is again eligible for appointment after a 19 |
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| 174 | 174 | | lapse of one or more years. All subsequent appointments to the board shall be for a term of three 20 |
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| 175 | 175 | | (3) years. Upon expiration of the term of office, a member shall continue to serve until a successor 21 |
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| 176 | 176 | | is appointed and qualified. Any member of the board may be removed by the governor for neglect 22 |
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| 177 | 177 | | of duty, misconduct, malfeasance, and misfeasance in office after being given a written statement 23 |
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| 178 | 178 | | of the charges against him or her and sufficient opportunity to be heard. The board shall elect from 24 |
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| 179 | 179 | | its members a vice-chairperson who, in the absence of the chairperson, shall exercise all powers of 25 |
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| 180 | 180 | | the chairperson, and a secretary. These officers shall serve for one year or until their successors are 26 |
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| 181 | 181 | | appointed and qualified. The board shall meet at least once a month or more often upon the call of 27 |
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| 182 | 182 | | the chairperson, director of the department of health, or chief administrative officer, at the times 28 |
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| 183 | 183 | | and places that the chairperson designates. 29 |
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| 184 | 184 | | (3) A majority of seats filled shall constitute a quorum. 30 |
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| 185 | 185 | | (b) Members of the board shall not be paid for the discharge of official duties. 31 |
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| 186 | 186 | | (c) The administration of the board shall be funded from annual fees. The director, as stated 32 |
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| 187 | 187 | | in § 5-37-10, in consultation with the board, shall determine the amount of the annual fee to be 33 |
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| 188 | 188 | | charged to each licensed physician and to hospitals, the payment of which is a condition to 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001764 - Page 6 of 14 |
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| 192 | 192 | | practicing medicine or rendering hospital services in the state. The director or chief administrative 1 |
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| 193 | 193 | | officer has the authority to suspend or revoke the license of any physician who does not pay the 2 |
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| 194 | 194 | | annual fee. Monies shall be received by the department and credited to a restricted receipt account. 3 |
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| 195 | 195 | | All monies in that fund shall be utilized only for the purposes of maintaining, managing, operating, 4 |
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| 196 | 196 | | and administering the board of medical licensure and discipline in carrying out its functions. The 5 |
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| 197 | 197 | | fees and date of collection of all funds to be collected for the initial registrations and licenses issued 6 |
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| 198 | 198 | | pursuant to this title shall be as the director by regulation shall establish. 7 |
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| 199 | 199 | | SECTION 6. Section 5-37.2-1.1 of the General Laws in Chapter 5-37.2 entitled "The 8 |
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| 200 | 200 | | Practice of Acupuncture and Chinese Medicine" is hereby amended to read as follows: 9 |
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| 201 | 201 | | 5-37.2-1.1. Board of acupuncture and Chinese medicine. 10 |
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| 202 | 202 | | (a) The director of the department shall appoint a board of acupuncture and Chinese 11 |
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| 203 | 203 | | medicine. The board shall consist of five (5) members, all of whom shall be residents of the state, 12 |
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| 204 | 204 | | four (4) of whom shall be doctors of acupuncture and Chinese medicine licensed by the department 13 |
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| 205 | 205 | | and engaged in the practice of acupuncture and Chinese medicine in the state for at least five (5) 14 |
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| 206 | 206 | | years prior to their appointment, and there shall be one public member. The members shall be 15 |
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| 207 | 207 | | appointed for terms of three (3) years; each member may serve a maximum of shall not be appointed 16 |
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| 208 | 208 | | to more than two (2) consecutive, full terms. Upon expiration of the term of office, a member shall 17 |
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| 209 | 209 | | continue to serve until a successor is appointed and qualified. A majority of seats filled shall 18 |
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| 210 | 210 | | constitute a quorum. No member of the board of acupuncture and Chinese medicine shall receive 19 |
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| 211 | 211 | | compensation for his or her attendance at meetings of the board. 20 |
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| 212 | 212 | | (b) The director of health may remove any member from the board for neglect of any duty 21 |
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| 213 | 213 | | required by law or for any incompetency, unprofessional, or dishonorable conduct. Vacancies 22 |
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| 214 | 214 | | created by voluntary resignation or removal by the director of health shall be filled in the same 23 |
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| 215 | 215 | | manner as the original appointment was made for the remainder of the term. 24 |
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| 216 | 216 | | SECTION 7. Section 5-39.1-6 of the General Laws in Chapter 5-39.1 entitled "License 25 |
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| 217 | 217 | | Procedure for Social Workers" is hereby amended to read as follows: 26 |
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| 218 | 218 | | 5-39.1-6. Board of social work examiners. 27 |
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| 219 | 219 | | (a) Within the department, there is established a board of social work examiners. 28 |
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| 220 | 220 | | (b) The governor shall appoint a board consisting of seven (7) members. Two (2) shall be 29 |
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| 221 | 221 | | social workers; two (2) shall be licensed clinical social workers; and two (2) shall be licensed 30 |
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| 222 | 222 | | independent clinical social workers (for the purposes of initial appointments, certified social 31 |
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| 223 | 223 | | workers represent licensed clinical social workers and certified independent social workers 32 |
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| 224 | 224 | | represent licensed independent social workers). One member shall be a public member. At least 33 |
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| 225 | 225 | | one member shall be a NASW member. 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001764 - Page 7 of 14 |
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| 229 | 229 | | (c) All board members shall be appointed for a term of three (3) years. No member shall 1 |
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| 230 | 230 | | serve be appointed to more than nine (9) three (3) consecutive years terms. Upon expiration of the 2 |
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| 231 | 231 | | term of office, a member shall continue to serve until a successor is appointed and qualified. In the 3 |
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| 232 | 232 | | event a member cannot complete his or her term, a successor shall be appointed to serve the 4 |
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| 233 | 233 | | unexpired term. A majority of seats filled shall constitute a quorum. 5 |
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| 234 | 234 | | (d) Terms of initial members shall be staggered with two (2) members appointed for a one 6 |
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| 235 | 235 | | year term, two (2) for two (2) years, and three (3) for three-year (3) terms. 7 |
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| 236 | 236 | | (e) The governor may remove any member of the board for cause. 8 |
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| 237 | 237 | | SECTION 8. Section 5-49-15 of the General Laws in Chapter 5-49 entitled "Hearing Aid 9 |
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| 238 | 238 | | Dealers and Fitters" is hereby amended to read as follows: 10 |
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| 239 | 239 | | 5-49-15. Board — Creation — Composition — Appointment and terms. 11 |
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| 240 | 240 | | (a) There is established a board of hearing aid dealers and fitters that guides, advises, and 12 |
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| 241 | 241 | | makes recommendations to the department. 13 |
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| 242 | 242 | | (b)(1) Members of the board shall be residents of the state. 14 |
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| 243 | 243 | | (2) The board shall consist of three (3) hearing aid dealers and fitters; one otolaryngologist; 15 |
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| 244 | 244 | | one audiologist; and one lay member who shall be a user of hearing aids and not employed in the 16 |
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| 245 | 245 | | practice of fitting and dealing in hearing aids. 17 |
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| 246 | 246 | | (3) Each hearing aid dealer and fitter on the board shall have no less than five (5) years’ 18 |
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| 247 | 247 | | experience and hold a valid license as a hearing aid dealer and fitter, as provided under this chapter. 19 |
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| 248 | 248 | | (4) Excepted shall be the hearing aid dealers and fitters of the first board appointed, who 20 |
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| 249 | 249 | | have no less than five (5) years of experience and fulfill all qualifications under § 5-49-7 as 21 |
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| 250 | 250 | | provided under this chapter. 22 |
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| 251 | 251 | | (c) All members of the board shall be appointed by the governor. 23 |
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| 252 | 252 | | (d) The term of office of each member shall be three (3) years; except that of the members 24 |
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| 253 | 253 | | of the first board appointed under this chapter, two (2) shall be appointed for two (2) years; two (2) 25 |
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| 254 | 254 | | shall be appointed for three (3) years; and two (2) shall be appointed for four (4) years. 26 |
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| 255 | 255 | | (e) Before a member’s term expires, the governor shall appoint a successor to assume his 27 |
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| 256 | 256 | | or her duties on the expiration of his or her predecessor’s term. Upon expiration of the term of 28 |
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| 257 | 257 | | office, a member shall continue to serve until a successor is appointed and qualified. 29 |
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| 258 | 258 | | (f) A vacancy in the office of a member shall be filled by appointment for the unexpired 30 |
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| 259 | 259 | | term. 31 |
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| 260 | 260 | | (g) A majority of seats filled shall constitute a quorum. 32 |
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| 261 | 261 | | (g)(h) The members of the board shall annually designate one member to serve as chair 33 |
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| 262 | 262 | | and another to serve as secretary-treasurer. 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC001764 - Page 8 of 14 |
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| 266 | 266 | | (h)(i) No member of the board who has served two (2) or more full terms may be 1 |
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| 267 | 267 | | reappointed to the board until at least one year after the expiration of his or her most recent full 2 |
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| 268 | 268 | | term of office. 3 |
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| 269 | 269 | | (i)(j) Members of the board shall not be compensated for their services on the board. 4 |
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| 270 | 270 | | SECTION 9. Sections 5-54-5 and 5-54-6 of the General Laws in Chapter 5-54 entitled 5 |
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| 271 | 271 | | "Physician Assistants" are hereby amended to read as follows: 6 |
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| 272 | 272 | | 5-54-5. Board of licensure. 7 |
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| 273 | 273 | | (a) The director of the department of health, with the approval of the governor, shall appoint 8 |
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| 274 | 274 | | a board consisting of seven (7) persons, residents of the state, to constitute a board of licensure for 9 |
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| 275 | 275 | | physician assistants with the duties, powers, and authority as stated in this chapter, and that board 10 |
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| 276 | 276 | | shall be composed of the following: 11 |
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| 277 | 277 | | (1) Two (2) members shall be licensed physicians under the provisions of chapter 37 of 12 |
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| 278 | 278 | | this title who have been actively engaged in the practice of medicine; 13 |
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| 279 | 279 | | (2) [Deleted by P.L. 2019, ch. 197, § 1 and P.L. 2019, ch. 230, § 1]. 14 |
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| 280 | 280 | | (3) Two (2) members who are representatives of the general public not employed in any 15 |
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| 281 | 281 | | health-related field; and 16 |
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| 282 | 282 | | (4) Three (3) members shall be physician assistants. 17 |
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| 283 | 283 | | (b) Members shall be appointed for terms of three (3) years each with no member serving. 18 |
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| 284 | 284 | | No member shall be appointed to more than two (2) consecutive terms. Upon expiration of the term 19 |
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| 285 | 285 | | of office, a member shall continue to serve until a successor is appointed and qualified. 20 |
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| 286 | 286 | | (c) In his or her initial appointment, the director shall designate the members of the board 21 |
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| 287 | 287 | | of licensure for physician assistants as follows: two (2) members to serve for terms of three (3) 22 |
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| 288 | 288 | | years; two (2) members to serve for a term of two (2) years; and three (3) members to serve for a 23 |
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| 289 | 289 | | term of one year. Any additional appointments shall serve for one year. 24 |
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| 290 | 290 | | (d) The director of the department of health may remove any member of the board for 25 |
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| 291 | 291 | | cause. 26 |
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| 292 | 292 | | (e) Vacancies shall be filled for the unexpired portion of any term in the same manner as 27 |
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| 293 | 293 | | the original appointment. 28 |
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| 294 | 294 | | 5-54-6. Board of licensure — Organization and meetings — Compensation of 29 |
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| 295 | 295 | | members. 30 |
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| 296 | 296 | | The board shall elect its own chairperson annually and shall meet at the call of the 31 |
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| 297 | 297 | | administrator, the chairperson, or upon the request of two (2) or more members of the board. A 32 |
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| 298 | 298 | | quorum shall consist of at least four (4) members present. A majority of seats filled shall constitute 33 |
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| 299 | 299 | | a quorum. The board shall approve programs for continuing medical education. Board members 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC001764 - Page 9 of 14 |
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| 303 | 303 | | shall serve without compensation. 1 |
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| 304 | 304 | | SECTION 10. Section 5-60-4 of the General Laws in Chapter 5-60 entitled "Athletic 2 |
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| 305 | 305 | | Trainers" is hereby amended to read as follows: 3 |
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| 306 | 306 | | 5-60-4. Board — Composition — Appointment, terms, oaths, and removal of 4 |
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| 307 | 307 | | members — Officers — Meetings. 5 |
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| 308 | 308 | | (a) The director of the department of health, with the approval of the governor, shall appoint 6 |
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| 309 | 309 | | the members of the Rhode Island board of athletic trainers, which shall be composed of three (3) 7 |
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| 310 | 310 | | licensed athletic trainers and one public member and one physician licensed to practice medicine 8 |
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| 311 | 311 | | and with an interest in sports medicine. In making appointments to the board, the director shall give 9 |
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| 312 | 312 | | consideration to recommendations made by professional organizations of athletic trainers and 10 |
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| 313 | 313 | | physicians. Each appointee shall be licensed and practicing in the state, except that the director, in 11 |
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| 314 | 314 | | appointing the athletic trainer members of the first board, may appoint any practicing athletic trainer 12 |
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| 315 | 315 | | who possesses the qualification required by § 5-60-10. To qualify as a member, a person must be 13 |
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| 316 | 316 | | a citizen of the United States and a resident of the state for five (5) years immediately preceding 14 |
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| 317 | 317 | | appointment. 15 |
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| 318 | 318 | | (b) The members of the board shall be appointed for terms of three (3) years, which expire 16 |
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| 319 | 319 | | on August 1 of even-numbered years, except that in making the initial appointments, the director 17 |
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| 320 | 320 | | shall designate one member to serve one year; two (2) members to serve two (2) years; and two (2) 18 |
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| 321 | 321 | | members to serve three (3) years. In the event of death, resignation, or removal of any member, the 19 |
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| 322 | 322 | | vacancy shall be filled for the unexpired portion of the term in the same manner as the original 20 |
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| 323 | 323 | | appointment. The director may remove any member for cause at any time prior to the expiration of 21 |
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| 324 | 324 | | his or her term. No member shall serve be appointed for more than two (2) consecutive three-year 22 |
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| 325 | 325 | | (3) terms. Upon expiration of the term of office, a member shall continue to serve until a successor 23 |
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| 326 | 326 | | is appointed and qualified. 24 |
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| 327 | 327 | | (c) Each appointee to the board shall qualify by taking the constitutional oath of office 25 |
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| 328 | 328 | | within thirty (30) days from the date of his or her appointment. On presentation of the oath, the 26 |
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| 329 | 329 | | director shall issue commissions to appointees as evidence of their authority to act as members of 27 |
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| 330 | 330 | | the board. 28 |
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| 331 | 331 | | (d) The board shall elect from its members for a term of one year, a chairperson, vice-29 |
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| 332 | 332 | | chairperson, and secretary-treasurer, and may appoint committees that it considers necessary to 30 |
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| 333 | 333 | | carry out its duties. The board shall meet at least two (2) times a year. Additional meetings may be 31 |
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| 334 | 334 | | held on the call of the chairperson or at the written request of any three (3) members of the board. 32 |
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| 335 | 335 | | The quorum required for any meeting of the board shall be three (3) members a majority of the 33 |
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| 336 | 336 | | seats filled. No action by the board or its members has any effect unless a quorum of the board is 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC001764 - Page 10 of 14 |
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| 340 | 340 | | present. 1 |
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| 341 | 341 | | SECTION 11. Sections 5-63.2-4 and 5-63.2-5 of the General Laws in Chapter 5-63.2 2 |
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| 342 | 342 | | entitled "Mental Health Counselors and Marriage and Family Therapists" are hereby amended to 3 |
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| 343 | 343 | | read as follows: 4 |
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| 344 | 344 | | 5-63.2-4. Composition of board — Appointment and terms of members. 5 |
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| 345 | 345 | | The director of the department of health, with the approval of the governor, shall appoint 6 |
|---|
| 346 | 346 | | nine (9) electors as members of the board. Three (3) shall be clinical mental health counselors, at 7 |
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| 347 | 347 | | least two (2) of whom shall meet the qualifications of § 5-63.2-9(b) and have at least five (5) years 8 |
|---|
| 348 | 348 | | of private practice experience in mental health counseling; three (3) shall be marriage and family 9 |
|---|
| 349 | 349 | | therapists, who shall be clinical marriage and family therapists who meet the qualifications of § 5-10 |
|---|
| 350 | 350 | | 63.2-10(b) and have at least five (5) years of private practice experience in marriage and family 11 |
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| 351 | 351 | | therapy; three (3) shall be members of the public. Commencing September 1996, the director of 12 |
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| 352 | 352 | | the department of health shall appoint one clinical mental health counselor for one year; one clinical 13 |
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| 353 | 353 | | mental health counselor for two (2) years; one clinical mental health counselor for three (3) years; 14 |
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| 354 | 354 | | one marriage and family therapist for one year; one marriage and family therapist for two (2) years; 15 |
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| 355 | 355 | | one marriage and family therapist for three (3) years; one public member for two (2) years; and two 16 |
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| 356 | 356 | | (2) public members for three (3) years. After this, all terms of appointments shall be for three (3) 17 |
|---|
| 357 | 357 | | years. In no instance shall a person serve more than six (6) consecutive years on the board. No 18 |
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| 358 | 358 | | member shall serve for more than two (2) consecutive terms. Upon expiration of the term of office, 19 |
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| 359 | 359 | | a member shall continue to serve until a successor is appointed and qualified. 20 |
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| 360 | 360 | | 5-63.2-5. Organization and meetings of board. 21 |
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| 361 | 361 | | The board shall organize immediately after the appointment and qualification of its 22 |
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| 362 | 362 | | members. The board shall annually elect a chairperson and secretary. Meetings may be called by 23 |
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| 363 | 363 | | the chairperson or the director of the department of health or by written request of four (4) members 24 |
|---|
| 364 | 364 | | of the board. Five (5) members of the board shall constitute a quorum A majority of seats filled 25 |
|---|
| 365 | 365 | | shall constitute a quorum; provided, that a clinical mental health counselor and a marriage and 26 |
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| 366 | 366 | | family therapist must be present. The board shall meet as often as necessary. 27 |
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| 367 | 367 | | SECTION 12. Section 5-64-5 of the General Laws in Chapter 5-64 entitled 28 |
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| 368 | 368 | | "Dietitian/Nutritionist Act" is hereby amended to read as follows: 29 |
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| 369 | 369 | | 5-64-5. Rhode Island state board of dietetics practice. 30 |
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| 370 | 370 | | (a) Within the division of professional regulation in the Rhode Island department of health 31 |
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| 371 | 371 | | there is a board of dietetics practice. 32 |
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| 372 | 372 | | (1) The board shall consist of nine (9) members appointed for terms of three (3) years each 33 |
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| 373 | 373 | | with no member serving shall be appointed for more than two (2) consecutive terms. Upon 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC001764 - Page 11 of 14 |
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| 377 | 377 | | expiration of the term of office, a member shall continue to serve until a successor is appointed and 1 |
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| 378 | 378 | | qualified. One shall be the director of the department of health or designee. Five (5) shall be 2 |
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| 379 | 379 | | licensed dietitians/nutritionists appointed by the director of the department of health, with the 3 |
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| 380 | 380 | | approval of the governor, except that the appointments made initially need not be licensed under 4 |
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| 381 | 381 | | this chapter. (In his or her initial appointment, the director shall designate the licensed 5 |
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| 382 | 382 | | dietitian/nutritionist members of the board as follows: one member to serve for a term of one year; 6 |
|---|
| 383 | 383 | | two (2) members to serve for a term of two (2) years; and two (2) members to serve for a term of 7 |
|---|
| 384 | 384 | | three (3) years). One member shall be a physician licensed to practice medicine in this state 8 |
|---|
| 385 | 385 | | appointed by the governor. Two (2) shall be consumers appointed by the governor. A majority of 9 |
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| 386 | 386 | | seats filled shall constitute a quorum. 10 |
|---|
| 387 | 387 | | (2) The director of the department of health may remove any member of the board for 11 |
|---|
| 388 | 388 | | cause. 12 |
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| 389 | 389 | | (3) Vacancies shall be filled for the unexpired portion of any term in the same manner as 13 |
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| 390 | 390 | | the original appointment. 14 |
|---|
| 391 | 391 | | (b) The duties of the board shall be to: 15 |
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| 392 | 392 | | (1) Recommend to the director rules and regulations necessary to implement this chapter; 16 |
|---|
| 393 | 393 | | (2) Determine the qualification and fitness of applicants and to issue and/or reinstate 17 |
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| 394 | 394 | | licenses; and 18 |
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| 395 | 395 | | (3) Recommend to the director revocation, suspension, and/or denial of a license. 19 |
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| 396 | 396 | | SECTION 13. Section 5-68.1-3 of the General Laws in Chapter 5-68.1 entitled "Radiologic 20 |
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| 397 | 397 | | Technologists" is hereby amended to read as follows: 21 |
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| 398 | 398 | | 5-68.1-3. Board — Composition — Appointment and terms of members — Duties. 22 |
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| 399 | 399 | | (a) Within the Rhode Island department of health there shall be a board of radiologic 23 |
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| 400 | 400 | | technology consisting of seven (7) members as follows: 24 |
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| 401 | 401 | | (1) One member shall be a member of the public who has no financial interest in radiologic 25 |
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| 402 | 402 | | technology other than as a consumer or possible consumer of its services. They shall have no 26 |
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| 403 | 403 | | financial interest personally or through a spouse. 27 |
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| 404 | 404 | | (2) Two (2) members of the board shall be licensed practitioners, one of whom shall be a 28 |
|---|
| 405 | 405 | | radiologist who utilizes ionizing radiation in the normal course of his or her practice. Nominations 29 |
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| 406 | 406 | | for the licensed practitioner board members shall be submitted by the Rhode Island Medical Society 30 |
|---|
| 407 | 407 | | and the Rhode Island Radiological Society to the director for approval. 31 |
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| 408 | 408 | | (3)(i) Three (3) members of the board shall be licensed under this chapter. One shall be 32 |
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| 409 | 409 | | from radiography, one shall be from nuclear medicine, and one shall be from radiation therapy. 33 |
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| 410 | 410 | | (ii) The director shall appoint as radiologic technologist members of the board, individuals 34 |
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| 411 | 411 | | |
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| 412 | 412 | | |
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| 413 | 413 | | LC001764 - Page 12 of 14 |
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| 414 | 414 | | currently practicing as registered radiologic technologists in Rhode Island. 1 |
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| 415 | 415 | | (4) One member shall be a representative of the hospital association who shall be 2 |
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| 416 | 416 | | nominated by the Hospital Association of Rhode Island and submitted to the director for approval. 3 |
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| 417 | 417 | | (5)(i) The director, with the approval of the governor, shall make appointments for a three-4 |
|---|
| 418 | 418 | | year (3) term, but no individual shall serve be appointed to more than two (2) consecutive terms. 5 |
|---|
| 419 | 419 | | Upon expiration of the term of office, a member shall continue to serve until a successor is 6 |
|---|
| 420 | 420 | | appointed and qualified. Members of the board as of the effective date of this chapter, who were 7 |
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| 421 | 421 | | previously appointed pursuant to § 5-68-4, shall continue to serve for the remainder of their 8 |
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| 422 | 422 | | appointed term. 9 |
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| 423 | 423 | | (ii) In the event of a vacancy in one of the positions, the director, with the approval of the 10 |
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| 424 | 424 | | governor, may appoint an individual who shall fill the unexpired term. 11 |
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| 425 | 425 | | (6) The board shall meet during the first month of each calendar year to select a chairperson 12 |
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| 426 | 426 | | and for other purposes. At least one additional meeting shall be held during each calendar year. 13 |
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| 427 | 427 | | Meetings may also be called at any time by the chairperson, the director, or by written request of 14 |
|---|
| 428 | 428 | | two (2) members of the board. A majority of the fully authorized board constitutes a quorum. A 15 |
|---|
| 429 | 429 | | majority of seats filled shall constitute a quorum. 16 |
|---|
| 430 | 430 | | (b) The duties of the board shall be as follows: 17 |
|---|
| 431 | 431 | | (1) To evaluate the qualifications of applicants and review the required examination results 18 |
|---|
| 432 | 432 | | administered by a testing agency approved by the board; 19 |
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| 433 | 433 | | (2) To recommend to the director the issuance of licenses to applicants who meet the 20 |
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| 434 | 434 | | requirements of this chapter; 21 |
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| 435 | 435 | | (3) To administer, coordinate, and enforce the provisions of this chapter and investigate 22 |
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| 436 | 436 | | persons engaging in practices that may violate the provisions of the chapter; 23 |
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| 437 | 437 | | (4) To recommend to the director the denial or revocation of licenses to practice radiologic 24 |
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| 438 | 438 | | technology as provided in this chapter; and 25 |
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| 439 | 439 | | (5) To recommend to the director adoption of rules and regulations pursuant to this chapter. 26 |
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| 440 | 440 | | SECTION 14. Section 23-39-5 of the General Laws in Chapter 23-39 entitled "Respiratory 27 |
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| 441 | 441 | | Care Act" is hereby amended to read as follows: 28 |
|---|
| 442 | 442 | | 23-39-5. Board created. 29 |
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| 443 | 443 | | (a) Within the division of professional regulation of the health department shall be a board 30 |
|---|
| 444 | 444 | | of respiratory care consisting of five (5) members as follows: 31 |
|---|
| 445 | 445 | | (1) One physician licensed in the state who is knowledgeable in respiratory care; 32 |
|---|
| 446 | 446 | | (2) Three (3) licensed respiratory care practitioners; 33 |
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| 447 | 447 | | (3) One public member who is a resident of Rhode Island. The public member shall not 34 |
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| 448 | 448 | | |
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| 449 | 449 | | |
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| 450 | 450 | | LC001764 - Page 13 of 14 |
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| 451 | 451 | | have been licensed as a respiratory care practitioner nor shall he or she have any financial interest, 1 |
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| 452 | 452 | | direct or indirect, in the occupation regulated. 2 |
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| 453 | 453 | | (b) The director of the department of health, with the approval of the governor, within sixty 3 |
|---|
| 454 | 454 | | (60) days following November 1, 1986, shall appoint one board member for a term of one year; 4 |
|---|
| 455 | 455 | | two (2) for a term of two (2) years; and two (2) for a term of three (3) years. Appointments made 5 |
|---|
| 456 | 456 | | thereafter shall be for three-year terms but no person shall be appointed to serve more than two (2) 6 |
|---|
| 457 | 457 | | consecutive terms. Upon expiration of the term of office, a member shall continue to serve until a 7 |
|---|
| 458 | 458 | | successor is appointed and qualified. A majority of seats filled shall constitute a quorum. 8 |
|---|
| 459 | 459 | | (c) The director, in his or her initial appointment, shall appoint as the respiratory care 9 |
|---|
| 460 | 460 | | practitioner one of the members of the board or a person currently practicing as respiratory care 10 |
|---|
| 461 | 461 | | practitioners in Rhode Island. 11 |
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| 462 | 462 | | (d) The board shall meet during the first month of each calendar year to select a chairperson 12 |
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| 463 | 463 | | and for other purposes. At least one additional meeting shall be held before the end of each calendar 13 |
|---|
| 464 | 464 | | year. Other meetings may be convened at the call of the chairperson, the administrator of 14 |
|---|
| 465 | 465 | | professional regulation, or upon the written request of any two (2) board members. 15 |
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| 466 | 466 | | (e) In the event of a vacancy in one of the positions, the director of the department of health, 16 |
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| 467 | 467 | | with the approval of the governor, may appoint a person who shall fill the unexpired term. 17 |
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| 468 | 468 | | SECTION 15. This act shall take effect upon passage. 18 |
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| 469 | 469 | | ======== |
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| 470 | 470 | | LC001764 |
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| 471 | 471 | | ======== |
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| 472 | 472 | | |
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| 473 | 473 | | |
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| 474 | 474 | | LC001764 - Page 14 of 14 |
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| 475 | 475 | | EXPLANATION |
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| 476 | 476 | | BY THE LEGISLATIVE COUNCIL |
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| 477 | 477 | | OF |
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| 478 | 478 | | A N A C T |
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| 479 | 479 | | RELATING TO BUSINESSES AND PROFESSIONS -- DENTISTS AND DENTAL |
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| 480 | 480 | | HYGIENISTS |
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| 481 | 481 | | *** |
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| 482 | 482 | | This act would standardize successor appointment language for various boards and adds 1 |
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| 483 | 483 | | language providing that a quorum would be a majority of board seats filled and the language would 2 |
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| 484 | 484 | | apply across several healthcare professional boards that currently lack this language. 3 |
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| 485 | 485 | | This act would take effect upon passage. 4 |
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| 486 | 486 | | ======== |
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| 487 | 487 | | LC001764 |
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| 488 | 488 | | ======== |
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