Title 23, Title 23 and Safety

(a) The provisions of this chapter shall not be construed to apply to hospices, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants…

The provisions of this chapter shall not be construed to apply to hospitals, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants an…

The provisions of this chapter shall not apply to: (1) Nursing service agencies and nursing exempt from regulation by the state; (2) Visiting nursing services or home health services conducted by and for those who rely exclusively upon spiritual means through prayer alone in acco…

If any provision of this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provisions or appl…

(a) Any person seeking employment in a facility who is, or is required to be, licensed or registered with the department of health if that employment involves routine contact with a patient or resident without the presence of other employees, shall undergo a national criminal rec…

If an applicant for employment has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification or local police a letter indicating if any disqualifying informati…

The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter.

(a) “Director” means the director of the state department of health. (b) “Licensing agency” means the state department of health. (c) “Nursing assistant” is defined as a nursing, orderly, or home health aide who is a paraprofessional trained to give personal care and related heal…

(a) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from the employment: murder, voluntary manslaughter, involuntary manslaughter, first-de…

No employer who disqualifies an individual from employment or continued employment within thirty (30) days of receipt of a letter containing disqualifying information as defined in § 23-17.7.1-20 or of a criminal background report relating to that information shall be liable for …

(a) No nursing service agency shall recruit potential employees from a client to which it actively provides services in any contract. (b) The nursing service agency shall not, in any contract with any employee of a client, require the payment of liquidated damages, employment fee…

(a) The agency shall submit an annual statistical report to the department of health including, but not limited to: (1) Mean, median, and average salaries and hourly pay rates of employees, by employment type; (2) Number of employees; (3) Number of employees terminated; (4) Numbe…

(a) The director may establish reasonable fees for the licensure application, licensure renewal, and administrative actions under this chapter. (b) Not later than October 1, 2023, the department of health (DOH) shall develop a system that allows a temporary nursing service agency…

No person shall establish, conduct, or maintain a nursing service agency in this state without a license issued pursuant to this chapter.

An application for a license shall be made to the licensing agency upon forms provided by it and shall contain any information that the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with reasonable standards and the rules and re…

Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant meets the requirements established under this chapter, and any reasonable rules and regulations that may be established in accordance with the requirements established under …

A license shall be for one year and shall expire on the thirty-first (31st) day of December following its issuance and may be renewed from year to year after inspection, report, approval, and collection of fees by the licensing agency. The inspection shall be made any time prior …

The licensing agency, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under and pursuant to this chap…

Any person who has exhausted all administrative remedies available to him or her within the licensing agency, and who is aggrieved by a final decision of the licensing agency, is entitled to judicial review in accordance with the provisions of §§ 42-35-15 and 42-35-16.