It is enacted by the General Assembly as follows:
SECTION 1. Section 5-10-10 of the General Laws in Chapter 5-10 entitled "Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians" is hereby amended to read as follows: 5-10-10. Application form — Fee — Expiration and renewal of licenses — Fees.
(a) Applications for licenses under § 5-10-9 shall be made upon any forms that are prescribed by the division and are accompanied by an application fee established in regulation. The license of every person licensed under §§ 5-10-8 and 5-10-9 shall expire on the thirtieth (30th) day of October of every other year following the date of license. This is determined on an odd-even basis. On or before the first day of September of every year, the administrator of professional regulation shall mail an application for send notification of the renewal of license to persons those scheduled to be licensed that year on an odd or even basis as to the license number. Every person who wishes to renew his or her license must file with the administrator of professional regulation a renewal application duly executed together with the renewal fee as set forth in § 23-1-54. Applications, accompanied by the fee for renewal, shall be filed with the division on or before the fifteenth (15th) day of October in each renewal year. Upon receipt of the application and fee, the administrator of professional regulation shall grant a renewal license effective October 1 and expiring two (2) years later on September 30.
(b) Every person who fails to renew his or her their license on or before September 30 following the date of issuance as provided in subsection (a) of this section may be reinstated by the division upon payment of the current renewal fee as set forth in § 23-1-54.
(c) The license shall be on the person at all times while performing the services for which they are licensed.
SECTION 2. Section 5-25-12 of the General Laws in Chapter 5-25 entitled "Veterinary Practice" is hereby amended to read as follows: 5-25-12. Expiration and renewal of licenses.
(a) The certificate of every person licensed as a veterinarian under the provisions of this chapter expires on the first day of May of each even-numbered year. On or before the first day of March of each two-year (2) period, the department shall mail an application send a reminder for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every person so licensed who desires to renew his or her their license shall file with the department a renewal application duly executed together with a renewal fee as set forth in § 23-1-54 on or before the thirty-first first day of March May of each even-numbered year.
(b) Upon receipt of an application, and payment of the renewal fee, the department shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even-numbered year.
(c) Any person who allows his or her their license to lapse by failing to renew it on or before the thirty-first first day of March May of the next even-numbered year, as provided in subsection (a), may be reinstated by the department on payment of the current renewal fee plus an additional fee as set forth in § 23-1-54.
(d) Any person using the title “veterinarian” during the time that his or her their license has lapsed is subject to the penalties provided for violations of this chapter.
(e) Every veterinarian licensed to practice veterinary medicine within the state shall, in connection with renewal of licensure, provide satisfactory evidence to the department that in the preceding two-year period the veterinarian has completed a prescribed course of continuing professional education established by an appropriate professional veterinary medicine association and approved by rule or regulation of the department. The department may extend for only one six- month (6) period, these education requirements if the department is satisfied that the applicant has suffered hardship which prevented meeting the educational requirement.
SECTION 3. Section 5-30-12 of the General Laws in Chapter 5-30 entitled "Chiropractic Physicians" is hereby amended to read as follows: 5-30-12. Annual registration — Payment of fees. Annually, during the month of October in each year, every person granted a certificate to practice chiropractic medicine shall register his or her their name, address, and place of business with the division of professional regulation of the department of health. The division shall keep a book for that purpose record, and each person registering shall pay a fee as set forth in § 23-1-54 and shall receive a certificate of registration for the next succeeding fiscal year, unless the certificate of practice has been suspended or revoked for cause, as provided in § 5-30-13. All fees for examination, for certificate of exemption from examination, and for annual registration shall be deposited as general revenues.
SECTION 4. Sections 5-31.1-7 and 5-31.1-21 of the General Laws in Chapter 5-31.1 entitled "Dentists and Dental Hygienists" are hereby amended to read as follows: 5-31.1-7. Recertification — Continuing dental education.
(a) Effective beginning in the calendar year 2006, every Every dentist, dental hygienist, or DAANCE-certified maxillofacial surgery assistant licensed to practice within this state, on or before the first day of May thirtieth of June in each even numbered year, shall apply to the Rhode Island board of examiners in dentistry for a biennial license with the board. The applicant shall include satisfactory evidence to the board of examiners in dentistry that, in the preceding two years, the practitioner has completed a prescribed course of continuing dental or dental hygiene education established by the appropriate dental or dental hygiene association and approved by rule or regulation of the director or by the board of examiners in dentistry. If the applicant submits satisfactory evidence to the board that he or she has completed a prescribed course of continuing dental education, dental hygiene, or DAANCE-certified maxillofacial surgery assisting education and has complied with the provisions of § 5-31.1-6, the board shall issue the applicant a license registration for a two-year (2) period commencing on July 1. The board may extend for only one six-month (6) period those educational requirements if the board is satisfied that the applicant has suffered hardship that prevented meeting the educational requirement. No license to practice dentistry or dental hygiene in this state shall be refused, nor any license suspended or revoked, except as:
(1) Provided for in this chapter; and
(2) For failure to provide satisfactory evidence of continuing dental, dental hygiene, or DAANCE-certified maxillofacial surgery assisting education as provided for in this section.
(b) Licensees shall apply for recertification by submitting evidence of continuing dental, dental hygiene, or DAANCE-certified maxillofacial surgery assisting education on a biennial basis. Application for biennial registration shall continue as provided in this section and § 5-31.1-21. 5-31.1-21. Biennial registration.
(a) Effective beginning in the calendar year 2006, on On or before the first day of May in each even-numbered year, the board shall mail send an application for biennial registration to every person to whom a license to practice dentistry, dental hygiene, or DAANCE-certified maxillofacial surgery assisting in this state has been granted by the constituted licensing authority in the state. Every licensed person who intends to engage in the practice of his or her profession during the ensuing two (2) years shall register his or her their license by filing with the board that application, executed together with any registration form and fee that is established by regulation by the director, on or before the first day of June in each even-numbered year. Upon receipt of that application and fee, the board shall issue a registration certificate, effective by July 1 and expiring two (2) years following June 30, and that registration certificate shall render its holder a registered practitioner of dentistry or dental hygiene for that registration period.
(b) The registration certificate of all dentists, dental hygienists, or DAANCE-certified maxillofacial surgery assistants whose renewals, accompanied by the prescribed fee, are not filed on or before the first day of July automatically expire. The board may, in its discretion and upon the payment by the dentist, dental hygienist, or DAANCE-certified maxillofacial surgery assistant of the current registration fee, plus an additional fee as set forth in § 23-1-54, reinstate any certificate expired under the provisions of this section. All unexpended monies in the account of the board of dentistry are transferred to the new board of dentistry as created by this chapter as of June 2, 1988.
(c) Dentists, dental hygienists, and DAANCE-certified maxillofacial surgery assistants not intending to practice in this state may request, on a biennial basis, to be placed on inactive status. Those requests must be made, in writing, to the dental administrator and must be accompanied by fees as set forth in § 23-1-54. Persons on inactive status may be reinstated by paying the current, annual-registration fee and must meet any requirements established by this chapter and as are further prescribed by the rules and regulations.
SECTION 5. Section 5-33.2-15 of the General Laws in Chapter 5-33.2 entitled "Funeral Director/Embalmer and Funeral Service Establishments" is hereby amended to read as follows: 5-33.2-15. Annual renewal of licenses. All licenses issued under the provisions of this chapter must be renewed annually by their holders, who shall pay to the division a yearly renewal fee for the renewal of a funeral director/embalmer’s license, and additional fees for each funeral-establishment branch office license and for the crematory license. These fees are as set forth in § 23-1-54. On or before the fifteenth day of November in each year, the division shall mail send to each licensed funeral director/embalmer and to each licensed funeral establishment, funeral-establishment branch office, and crematory an application for the renewal. Applications, accompanied by the fee for renewal, shall be filed with the division on or before the thirty-first day of December in each year. Applications filed after the thirty-first of December and on or before the fifteenth of January must be accompanied by a fee as set forth in § 23-1-54 for funeral director/embalmers and funeral establishments in addition to the previously established renewal fees. Any funeral director/embalmer who acts or holds himself or herself themselves out as a funeral director/embalmer after his or her their certificate has been lapsed shall be punished as provided in this chapter. Any funeral establishment, funeral-establishment branch office, or crematory that acts or holds itself out as a funeral establishment after its license has lapsed shall be punished as provided in this chapter.
SECTION 6. Section 5-34-19 of the General Laws in Chapter 5-34 entitled "Nurses" is hereby amended to read as follows: 5-34-19. Expiration and renewal of licenses.
(a) The license of every person licensed under this chapter shall expire on the first day of March of every other year following the date of license. On or before the first day of January of every year, the director shall mail an application send a reminder for renewal of license to persons scheduled to be licensed that year. Every person who wishes to renew his or her their license shall file with the department a duly executed renewal application together with the renewal fee as set forth in § 23-1-54.
(b) Upon receipt of an application accompanied by payment of fees, the department shall grant a renewal license effective March second and expiring two (2) years later on March first, and that renewal license shall render the holder a legal practitioner of nursing for the period stated on the certificate of renewal. Every person seeking renewal of a license pursuant to this section shall provide satisfactory evidence to the department that in the preceding two (2) years the practitioner has completed the ten (10) required continuing education hours as established by the department through rules and regulations. The department may extend for only one six-month (6) period these educational requirements if the department is satisfied that the applicant has suffered hardship that prevented meeting the educational requirement.
(c) Any person practicing nursing during the time his or her their license has lapsed shall be considered an illegal practitioner and is subject to the penalties provided for violation of this chapter.
(d) A licensee whose license has expired by failure to renew may apply for reinstatement according to the rules established by the board. Upon satisfaction of the requirements for reinstatement, the board shall issue a renewal of license.
SECTION 7. Section 5-37-10 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" is hereby amended to read as follows: 5-37-10. Biannual registration, physicians — Annual registration, hospitals.
(a) Effective beginning in calendar year 2004, on or before the first day of March in each year, the board shall mail an application send a reminder for biannual registration to every person to whom a license to practice medicine in this state has been granted by the licensing authority in the state. Every licensed person who intends to engage in the practice of his or her their profession during the ensuing two-year (2) period shall register his or her their license by submitting to the board, on or before June 1, the application, executed together with the registration form, and fee as established by regulation by the director of the department of health. Upon receipt of the application and fee, the board shall issue a registration certificate effective July 1 and expiring two (2) years following on June 30. The registration certificate renders the holder a registered practitioner of medicine for that registration period. Effective beginning in calendar year 2004, any references in this chapter to annual registration or annual limited registration shall be interpreted to mean biannual registration and biannual limited registration, respectively.
(b) The registration certificate of all physicians whose renewals accompanied by the prescribed fee are not completed and filed on or before the first day of July shall automatically lapse. The board may, in its discretion and upon the payment by the physician of the current registration fee plus an additional fee as set forth in § 23-1-54, reinstate any certificate lapsed under the provisions of this section.
(c) Hospitals shall, on or before the first day of December of each year, submit an application and annual fee to the board as a condition of rendering hospital services in the state. The form of application and fee shall be as the director, by regulation, establishes; provided, that the ratio of payment between hospital per-bed licensing fees and the combined licensing and board of medical licensure and discipline fees paid by physicians remain the same as the ratio that existed as of January 1, 1987. All fees collected pursuant to this section shall be deposited as general revenues.
SECTION 8. Section 5-40-10 of the General Laws in Chapter 5-40 entitled "Physical Therapists" is hereby amended to read as follows: 5-40-10. Continuing education requirements and expiration and renewal of licenses.
(a) The certificate of every person licensed under the provisions of this chapter shall expire on the first day of May of the next even year following the date of original licensure. On or before the first day of March of each year, the department shall mail an application send a reminder for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every licensed person who desires to renew his or her their license shall provide satisfactory evidence to the department that in the preceding two (2) years the practitioner has completed the twenty-four (24) required continuing education hours as established by the department through rules and regulations and shall file with the department a renewal application executed together with a renewal fee as set forth in § 23-1-54 on or before the thirty-first day of March of each even year. The department may extend for only one six-month (6) period these educational requirements if the department is satisfied that the applicant has suffered hardship that prevented meeting the educational requirement.
(b) Upon receipt of the renewal application, and payment of the renewal fee, the accuracy of the application shall be verified and the department shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even year.
(c) Any person who allows his or her their license to lapse by failing to renew it on or before the thirty-first day of March of the next even year, as provided in this section, may be reinstated by the department on payment of the current renewal fee plus an additional fee as set forth in § 23-1-54.
(d) Any person using the title “physical therapist” or “physical therapist assistant” during the time that his or her their license has lapsed is subject to the penalties provided for violations in this chapter.
SECTION 9. Section 5-40.1-12 of the General Laws in Chapter 5-40.1 entitled "Occupational Therapy" is hereby amended to read as follows: 5-40.1-12. Renewal of licenses — Inactive status.
(a) Upon the recommendation of the board, the director shall issue to applicants who have satisfactorily met the licensure requirements of this chapter, a license to practice occupational therapy in this state. The license, unless sooner suspended or revoked, shall expire on the thirty- first (31st) day of March, of each even year (biennially).
(1) On or before the first (1st) day of March of each even year, the administrator of the division shall mail an application send a reminder for renewal of license to every individual to whom a license has been issued or renewed during the current licensure period.
(2) Every licensed individual who desires to renew his or her their license shall file with the division a renewal application executed together with the evidence of continuing education requirements as delineated in subsection (a)(3) and the renewal fee as set forth in § 23-1-54 made payable by check to the general treasurer, state of Rhode Island, on or before the thirty-first (31st) day of March of each even year.
(3) On application for renewal of license, occupational therapists and occupational therapy assistants must show proof of participation in twenty (20) hours biennially in presentations, clinical instruction, publications, research, in-service programs, American Occupational Therapy Association-recognized conferences, university courses, and/or self-study courses.
(4) Upon receipt of a renewal application and payment of fee, the director shall, upon the recommendation of the board, grant a renewal license effective the thirty-first (31st) day of March for a period of two (2) years, unless sooner suspended or revoked.
(5) Any individual who allows his or her their license to lapse by failing to renew it on or before the thirty-first (31st) day of March of the next even year as provided in subsections (a)(1), (a)(2), and (a)(3), may be reinstated by the director upon receiving a receipt from the division for payment of the current renewal fee plus an additional fee as set forth in § 23-1-54 made payable by check to the general treasurer, state of Rhode Island.
(6) An individual using the title “occupational therapist” or “occupational therapy assistant” during the time his or her their license has lapsed is subject to the penalties provided for violation of those regulations and this chapter.
(b) An individual licensed as an occupational therapist or occupational therapy assistant in this state who does not intend to engage in the practice of occupational therapy within this state during any year, may upon request to the division, have his or her their name transferred to an inactive status and shall not be required to register biennially or pay any fee as long as he or she they remains remain inactive. Any individual whose name has been transferred to an inactive status pursuant to this section, may be restored to active status to practice occupational therapy without a penalty fee, upon the filing of an application for licensure renewal, the licensure renewal fee as set forth in § 23-1-54 made payable by check to the general treasurer of the state of Rhode Island, and any other information that may be requested by the division.
SECTION 10. Section 5-44-15 of the General Laws in Chapter 5-44 entitled "Psychologists" is hereby amended to read as follows: 5-44-15. Expiration and renewal of licenses — Continuing education — Lapsed license.
(a) The license of every person licensed under the provisions of this chapter shall expire on the first day of July of the next even-numbered year following the issuance of his or her their license.
(b) On or before the first day of May of each even-numbered year, the department shall mail an application send a reminder for renewal of license to every person to whom a license has been issued or renewed during the cycle.
(c) Every licensed person who desires to renew his or her their license shall file with the department a renewal application, executed, together with a renewal fee as set forth in § 23-1-54, on or before the first day of June 30th in each even-numbered year. Upon receipt of a renewal application and payment of the renewal fee, the accuracy of the application shall be verified and the department may grant a renewal license effective July 1st and expiring the June 30th in each even-numbered year.
(d) Every licensed psychologist who desires to continue licensure as a licensed psychologist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed psychologist has completed a prescribed course of continuing licensed psychological education.
(e) Any person who allows his or her their license to lapse, by failing to renew it on or before June 1st 30th in each even-numbered year, as provided in this section, may be reinstated by the department on payment of the current renewal fee, plus an additional fee as set forth in § 23-1- 54. Any person using the title “psychologist” or offering services defined as the practice of psychology under this chapter during the time his or her their license has lapsed is subject to the penalties provided for violation of this chapter.
SECTION 11. Section 5-54-11 of the General Laws in Chapter 5-54 entitled "Physician Assistants" is hereby amended to read as follows: 5-54-11. Issuance and annual renewal of certificates of licensure.
(a) The board shall recommend to the director for registration those individuals who meet the criteria for licensure as stated in this chapter. Upon that recommendation, the director shall issue a certificate of licensure as a physician assistant.
(b) The certificate of licensure shall expire biannually on the thirtieth (30th) day of June. On or before the first day of March in each year, the administrator shall mail an application send a reminder for a renewal certificate to every person licensed under the provisions of this chapter, and every person who desires his or her their certificate to be renewed shall file with the division the renewal application together with a renewal fee as set forth in § 23-1-54 on or before the first day of June in every other year. Upon receipt of the renewal application and payment of fee, the accuracy of the application shall be verified and the administrator shall grant a renewal certificate effective July 1st and expiring June 30th two years hence, unless the certificate is sooner suspended for cause as provided in § 5-54-12.
SECTION 12. Section 5-63.2-17 of the General Laws in Chapter 5-63.2 entitled "Mental Health Counselors and Marriage and Family Therapists" is hereby amended to read as follows: 5-63.2-17. Expiration and renewal of license.
(a) Every clinical mental health counselor and marriage and family therapist who desires to continue licensure as a licensed clinical mental health counselor and licensed marriage and family therapist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed clinical mental health counselor and licensed marriage and family therapist has completed a prescribed course of continuing education. The license of every person licensed under the provisions of this chapter shall expire on the first day of July of the next even year following the date of his or her license their; provided, that no license shall expire prior to July 1, 1998. On or before the first day of May in each even year, commencing in the year 1998, the administrator shall mail an send a reminder application for renewal of license to every person to whom a license is issued or renewed during the current year, and every licensed person who desires to renew his or her their license shall file with the division the renewal application executed. This application shall include verification of prescribed continuing education requirements, together with a renewal fee as set forth in § 23-1-54, on or before the first day of June in each even year. Upon receipt of the application and payment of the fee, the accuracy of the application shall be verified and the administrator of professional regulation shall grant a renewal license effective July 1st and expiring twenty-four (24) months later.
(b) Any person who allows his or her their license to lapse, by failing to renew it on or before June 1st 30th in each year, as provided in this section, shall be reinstated by the administrator of professional regulation on payment of the current renewal fee plus an additional fee as set forth in § 23-1-54; and verification of prescribed continuing education requirements. Any person using the title “clinical mental health counselor” and/or “marriage and family therapist” during the time his or her their license has lapsed shall be subject to the penalties provided for violation of this chapter; provided, that if a person has allowed his or her their licensure to lapse for four (4) years or more, he or she shall be reinstated at the discretion of the board.
SECTION 13. Section 5-86-13 of the General Laws in Chapter 5-86 entitled "Licensing of Applied Behavior Analysts" is hereby amended to read as follows: 5-86-13. Expiration and renewal of licenses — Continuing education — Lapsed license.
(a) The license of every person licensed under the provisions of this chapter shall expire on the first (1st) day of July of the next even-numbered year following the issuance of his or her license.
(b) On or before the first day of May of each even-numbered year, the department shall mail an application send notification of the for renewal of license to every person to whom a license has been issued or renewed during the cycle.
(c) Every licensed person who desires to renew his or her their license shall file with the department a renewal application, executed, together with a renewal fee of one hundred and fifty dollars ($150), on or before the first (1st) thirtieth day of June in each even-numbered year. Upon receipt of a renewal application and payment of the renewal fee, the accuracy of the application shall be verified and the department may grant a renewal license effective July 1st and expiring the June 30th in each even-numbered year.
(d) Every licensed person who desires to continue licensure as a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience, has completed a prescribed course of continuing applied behavior analysis education.
(e) Any person who allows his or her their license to lapse, by failing to renew it on or before June 1st in each even-numbered year, as provided in this section, may be reinstated by the department on payment of the current renewal fee, plus an additional fee of forty dollars ($40.00). Any person using the title licensed applied behavior analyst or licensed applied behavior assistant analyst or psychologist with equivalent experience offering services defined as the practice of behavior analysis under this chapter during the time his or her their license has lapsed is subject to the penalties provided for violation of this chapter.
SECTION 14. Section 23-74-1 of the General Laws in Chapter 23-74 entitled "Unlicensed Health Care Practices" is hereby amended to read as follows: 23-74-1. Definitions and applicability.
(a) As used in this chapter, the following terms have the following meanings:
(1) “Director” or “director of health” means the director of the department of health or the director’s designee;
(2) “Unlicensed health care client” means an individual who receives services from an unlicensed health care practitioner;
(3) “Unlicensed health care practices” means the broad domain of unlicensed healing methods and treatments, including, but not limited to: (i) acupressure; (ii) Alexander technique;
(iii) aroma therapy; (iv) ayurveda; (v) cranial sacral therapy; (vi) crystal therapy; (vii) detoxification practices and therapies; (viii) energetic healing; (ix) rolfing; (x) Gerson therapy and colostrum therapy; (xi) therapeutic touch; (xii) herbology or herbalism; (xiii) polarity therapy; (xiv) homeopathy; (xv) nondiagnostic iridology; (xvi) body work; (xvii) reiki; (xviii) mind-body healing practices; and (ixx) naturopathy; and (xx) Qi Gong energy healing. “Unlicensed health care practices” do not include surgery, x-ray radiation, prescribing, administering, or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, any practice included in the practice of dentistry, the manipulation or adjustment of articulations of joints, or the spine, also known as chiropractic medicine as defined in chapter 30 of title 5, the healing art of acupuncture as defined in chapter 37.2 of title 5, or practices that are permitted under § §§ 5-37-15 or § 5-34-31(6), 5-95-3(9) and (11) or any other new or existing licensed scopes of practice within the department of health.
(4) “Unlicensed health care practitioner” means a person who:
(i) Is not licensed by a health-related licensing board or the director of health; or holds a license issued by a health-related licensing board or the department of health in this state, but does not hold oneself out to the public as being licensed or registered by the director or a health-related licensing board when engaging in unlicensed health care;
(ii) Has not had a license issued by a health-related licensing board or the director of health revoked or suspended without reinstatement unless the right to engage in unlicensed health care practices has been established by order of the director of health;
(iii) Is engaging in unlicensed health care practices; and
(iv) Is providing unlicensed health care services for remuneration or is holding oneself out to the public as a practitioner of unlicensed health care practices.
(b) This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act [see 21 U.S.C. § 321(ff)], educating customers about those products, or explaining the uses of those products. Under Rhode Island law, an unlicensed health care practitioner may not provide a medical diagnosis.
(c) A health care practitioner, licensed or registered by the director or a health-related licensing board, who engages in unlicensed health care while practicing under the practitioner’s license or registration, shall be regulated by and be under the jurisdiction of the applicable health- related licensing board with regard to the unlicensed health care practices.
(d) Subject to the provisions of this chapter, persons in Rhode Island are authorized to practice as unlicensed health care practitioners and receive remuneration for their services.
SECTION 15. This act shall take effect upon passage.
