Title 23, Title 23 and Safety

(a) A caregiver shall not be reimbursed by any government or commercial payer for after-care assistance that is provided pursuant to this chapter, with the sole exception that this chapter shall not supersede the applicability of wage replacement benefits paid to workers under Rh…

(a) Nothing in this chapter shall be construed to create a private right of action against a hospital or any of its directors, trustees, officers, employees, or agents, or any contractors with whom the hospital has a contractual relationship. (b) A hospital, a hospital employee, …

If any provision of this chapter or the application of any provision to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the in…

This chapter shall be known and may be cited as the “Hospital Workplace Violence Protection Act.”

When used in this chapter: (1) “Director” means the director of the Rhode Island department of health. (2) “Hospital” means any institutional health service provider, facility, or institution, place, building, agency, or portion thereof, whether a partnership or corporation, whet…

(a) Any hospital employee may notify their employer of any violation of law, regulation, or standard pertaining to safety and health in the place of employment, at any time an employee learns of a violation. (b) Any employee or representative of the employee may complain to the d…

It is an unlawful employment practice for any person to bar or discharge from employment or otherwise discriminate against any employee or prospective employee because the employee or prospective employee has: (1) Made any complaint or instituted, or caused to be instituted, any …

(a) All hospitals licensed in the state of Rhode Island shall: (1) Create a workplace safety committee that shall conduct periodic security and safety assessments to identify existing or potential hazards for assaults committed against employees; (2) Develop and implement an assa…

(a) A hospital shall maintain a record of assaults committed against employees that occur on the premises of the hospital. The record shall include, but need not be limited to, the following: (1) The name of the hospital and address of the premises on which each assault occurred;…

As used in this chapter: (1) “Affirmative objection” means any verbal or written statement or statements, or made through the use of auxiliary aids or services, or any visual cue, that indicates that a resident is opposed to electronic monitoring within their room, except if the …

(a) Any recording obtained as the result of authorized electronic monitoring shall be considered the personal property of the resident who installed the electronic monitoring device. (b) No person, facility, or facility representative may access any video or audio recording creat…

Subject to applicable rules of evidence and procedure, any video or audio recording created through electronic monitoring under this chapter may be admitted into evidence in any civil, criminal, or administrative proceeding if the contents of the recording have not been edited or…

(a) The mere presence of an electronic monitoring device in a resident’s room or private living unit is not a violation of the resident’s right to privacy under § 23-17.5-14. (b) A facility or home care provider is not civilly or criminally liable for the inadvertent or unintenti…

(a) A facility shall not: (1) Refuse to admit a potential resident or remove a resident because the facility disagrees with the decision of the potential resident, the resident, or a resident representative acting on behalf of the resident regarding electronic monitoring; or (2) …

(a) An employee of the facility or an employee of a contractor providing services at the facility, including an arranged home care, who is the subject of proposed disciplinary action based upon evidence obtained by electronic monitoring, shall be given access to that evidence for…

(a) The director may issue a statement of deficiency, upon a finding that the facility has failed to comply with any provisions of this chapter. (b) For each violation of this chapter, any licensed facility shall be guilty of a misdemeanor for each violation punishable by a fine …

The department shall adopt rules necessary to administer and enforce any section of this chapter. Rulemaking shall not delay the full implementation of this chapter.

(a) A resident or their representative shall be permitted to conduct authorized electronic monitoring of the resident’s room or private living unit through the use of electronic monitoring devices placed in the resident’s room or private living unit as provided in this chapter. (…

(a) Except as otherwise provided in this section, a resident or their representative shall consent to electronic monitoring in the resident’s room or private living unit in writing, on a notification and consent form prescribed by the department. If the resident has not affirmati…

If a resident of a facility who is residing in a shared room or shared living unit, or the resident representative of such a resident when acting on behalf of the resident, wants to conduct electronic monitoring and another resident living in or moving into the same shared room o…

(a) Authorized electronic monitoring may begin only after the resident or resident representative who intends to place an electronic monitoring device and any roommate or roommate’s resident representative completes the notification and consent form and submits the form to the fa…

(a) The notification and consent form completed by the resident shall include, at a minimum, the following information: (1) The resident’s signed consent to electronic monitoring or the signature of the resident representative, if applicable. If a person other than the resident s…

(a) A resident or resident representative choosing to conduct electronic monitoring shall do so at the resident’s own expense, including the purchase, installation, maintenance, and removal costs. (b) Any device used by a resident to conduct authorized electronic monitoring shall…

(a) If a resident conducts authorized electronic monitoring, a sign shall be clearly and conspicuously posted at each facility entrance accessible to visitors. The notice must state the following in large, easy-to-read type, “The rooms of some residents may be monitored electroni…

(a) A person shall not knowingly hamper, obstruct, tamper with, or destroy an electronic monitoring device placed in a resident’s room or private living unit without the permission of the resident or resident representative. Checking the electronic monitoring device by facility s…

This chapter shall be known and may be cited as the “Primary Care Training Sites Program”.

As used in this chapter, the following words and phrases are construed as follows: (1) “Director” means the director of the department of health. (2) “Grant” means a sum awarded pursuant to a contract executed pursuant to § 23-17.30-4. (3) “National Committee for Quality Assuranc…

There is hereby authorized, created, and established an office of primary care training within the department of health. The purpose of the office shall be to: (1) Assist the director in developing an application and selection process for the awarding of grants pursuant to the pr…

In compliance with the provisions of § 42-11-11, the director shall have the authority to enter into contracts, subject to appropriation, for medical education to be conducted at primary care practice sites. Any contract entered into shall not exceed ninety thousand dollars ($90,…

The director shall promulgate rules and regulations to implement the provisions of this chapter.

The director shall report annually to the general assembly and the governor no later than December 31 of each year on the status and progress of the primary care training sites program established and administered pursuant to the provisions of this chapter.

If any provision of this chapter or any rule or regulation promulgated pursuant to the provisions of this chapter, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the reminder of the chapter, rule, or regulation and the appl…

The purpose of this chapter is to provide for the development, establishment, and enforcement of standards: (1) For the licensing of nursing service agencies; and (2) To promote safe and adequate care for individuals receiving nursing and nursing related services.

(a) The licensing agency shall, after a public hearing pursuant to chapter 35 of title 42, give notice, adopt, amend, promulgate, and enforce any rules and regulations and standards with respect to nursing service agencies to be licensed under this chapter that may be designed to…

(a) Every individual who is employed to provide nursing assistant services shall be required to be registered as required by chapter 17.9 of this title. (b) An in-service educational program for direct patient care personnel shall be provided on an ongoing basis which shall inclu…

(a) Any employee of a nursing service agency upon employment and prior to placement shall be provided with a photo identification which shall be worn on the employee’s person while the employee is working. (b) The photo identification shall be a recent photograph of the employee …

(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 …