Title 5, Title 5 and Professions

(a) Every person, firm, association, or corporation shall keep a permanent record of all sales or other transactions where a hearing aid instrument or hearing prosthetic device is made available. (b) [Deleted by P.L. 2023, ch. 89, § 1 and P.L. 2023, ch. 90, § 1.] (c) Each record …

(a) If any section, sentence, clause, phrase, or word of this chapter is for any reason held or declared to be unconstitutional, inoperative, or void, that holding of invalidity shall not affect the remaining portions; (b) It shall be construed to have been the legislative intent…

The department shall promulgate reasonable rules and regulations to carry out the purpose and intent of this chapter.

The rights and remedies provided to a purchaser by this chapter shall be in addition to and are not construed to abrogate or diminish any rights and remedies the purchaser may have under other laws, including, but not limited to, chapter 2 of title 6A, chapter 2.1 of title 6A, an…

(a) Any person who practices the fitting and sale of hearing aids shall deliver to each person supplied with a hearing aid a receipt that shall contain the licensee’s signature and show his or her business address and the number of his or her certificate, together with specificat…

(a) This chapter is not intended to prevent any person from engaging in the practice of measuring human hearing for the purpose of selecting hearing aids; provided, that the person or organization employing that person does not sell hearing aids or hearing aid accessories except …

(a) The department shall register each applicant without discrimination who passes an examination as provided in § 5-49-7. Upon the applicant’s payment as set forth in § 23-1-54 per annum for each year of the term of license, the department shall issue to the applicant a license …

(a) Applicants who do not meet the experience qualification of former § 5-49-5 on July 1, 1973, may obtain a license by successfully passing a qualifying examination, provided the applicant: (1) Is at least twenty-one (21) years of age; (2) Is of good moral character; (3) Has an …

(a) An applicant who fulfills the requirements regarding age, character, education, and health as provided in § 5-49-7, may obtain a temporary permit upon application to the department. Previous experience or a waiting period shall not be required to obtain a temporary permit. (b…

The qualifying examination provided in § 5-49-7, “license by examination,” shall be designed to demonstrate the applicant’s adequate technical qualifications by: (1) Testing knowledge in the following areas as they pertain to the fitting and sale of hearing aids: (i) Basic physic…

Whenever used in this chapter: (1) “Business day” means any day except Sunday or a legal holiday. (2) “Buyer” or “purchaser” means a natural person who enters into a health club contract. (3) “Department” means the department of attorney general, unless otherwise described. (4) “…

Nothing in this chapter shall be construed to nullify or impair any right that a buyer may have against a seller at common law, by statute, or otherwise. The provisions of this chapter shall not be exclusive and shall not relieve the seller, the assigns, or contracts from complia…

If any provisions of this chapter or any rule or regulation made pursuant to this chapter, or the application of this chapter to any person or circumstances, is held invalid by any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the applicat…

(a) Every health club registered with the department of attorney general pursuant to this chapter shall have at least one automated external defibrillator (AED) on the premises. The AED will at all times be deployed in a manner in which best provides accessibility to staff, membe…

(a) No person, firm, corporation, or other entity shall operate or cause to be operated a health club unless duly registered as provided in this chapter. (b)(1) Each health club shall be registered with the department. (2) A health club shall file a registration statement in acco…

(a) Prior to the execution of any contract for health club services, every seller that sells contracts for health club services shall, for each individual health club location or facility, obtain a surety bond in the amount of ten thousand dollars ($10,000) for a facility with le…

(a) A copy of every health club contract shall be delivered to the buyer at the time the contract is signed. (b)(1) All health club contracts must be in writing signed by the buyer; must designate the date on which the buyer actually signs the contract; and must contain a stateme…

(a) No contract for health club services shall be for a term longer than twenty-four (24) months; except that upon expiration of the contract, the seller may offer the buyer the right to renew his or her contract for a similar, shorter or longer period not to exceed twenty-four (…

No buyer may be charged an additional fee for reducing a membership to a different and lesser grade of membership in the health club.

(a) Any health club that is not fully operative or established and that conducts a pre-opening sales campaign must, before advertising or hold a pre-opening sales campaign, obtain a permit from the director of business regulation. The permit shall not be issued until a surety bon…

(a) It is unlawful for a seller, his or her agents, employees, or other representatives to misrepresent directly or indirectly in its advertising, promotional materials, or in any other manner: (1) The size, location(s), facilities, or equipment of the health club; (2) The nature…

(a) Any buyer of a health club contract that is in material violation of this chapter has a right to cancel the contract and a right of action against the health club for recovery of triple the amount actually paid to the health club under the contract. In addition to any judgmen…

This chapter may be cited as the “Private Security Guard Act.”

The attorney general shall deny the application for or renewal of a license if he or she finds that the applicant, or the qualifying agent, or any of the applicant’s partners, officers, generals, or shareholders owning a ten percent (10%) or greater interest in the applicant, pro…

The procedure of the attorney general in approving or denying an application for a license or renewal of the license shall be as follows: (1) If the application is approved, the attorney general shall issue a license in the form provided in this chapter; (2) If the application is…

Each license shall expire two (2) years after its date of issuance. Subject to the power of the attorney general to deny, revoke, or suspend a license, any license shall be renewable by the attorney general for the next two-year (2) period upon proper application for renewal paym…

The registration and license fee for a private security guard business shall be four hundred dollars ($400) biennially.

(a) No license issued pursuant to the provisions of this chapter shall be assigned or transferred, either by operation of law or otherwise. (b) If a licensee dies, becomes disabled, or ceases to engage in the business, the successor, heir, devisee, or personal representative of t…

(a) The attorney general may suspend or revoke any license issued under this chapter in the manner subsequently prescribed if the licensee or any of its partners, officers, generals, and shareholders owning a ten percent (10%) or greater interest in the license, provided the lice…

Each license shall be surrendered to the attorney general within seventy-two (72) hours after it has been revoked or after the licensee ceases to do business pursuant to an order of suspension. If the attorney general or a court of competent jurisdiction has pending before it any…

The licensee shall notify the attorney general, in writing, within five (5) days of: (1) Any change in identity of the licensee, or any of its partners, directors, officers, and shareholders owning a ten percent (10%) or greater interest in the licensee, provided the licensee is …

(a) Except as provided in this chapter, no person shall perform the functions and duties of an employee of a business required to be licensed under this chapter in this state without first having been registered or licensed. The attorney general shall keep and make available for …

(a) No individual licensed by, registered by, or subject to the provisions of this chapter shall wear or display any insignia, patch, or pattern that indicates or tends to indicate that he or she is a law enforcement officer of the federal government, a state, or any political su…

(a) As used in this chapter: (1) “Applicant” means any person who on his or her own behalf or on behalf of another has applied for permission to engage in any act or activity that is regulated under the provisions of this chapter. (2) “Attorney General” means the attorney general…

The attorney general shall prescribe by regulation the form of identification cards that may be carried by persons licensed under this chapter.

(a) Any licensee shall, on notice from the attorney general, discontinue any advertising or the use of any advertisement, seal, or card that, in the opinion of the attorney general, tends to mislead the public. Failure to comply with this order of the attorney general is cause fo…

A licensee of a private security guard business shall file with the attorney general a certificate of insurance evidencing comprehensive general liability coverage for bodily injury, personal injury, and property damage with endorsements for assault and battery and personal injur…

(a) It is unlawful for any person subject to the provisions of this chapter to knowingly commit any of the following: (1) Provide any service required to be licensed under this chapter without possessing a valid license; (2) Employ any individual to perform the duties of an unarm…

(a) Any person aggrieved by a final decision or order of the attorney general made after a hearing or rehearing, whether or not a petition for a hearing was filed, may obtain judicial review of the decision by appeal to the superior court in accordance with chapter 35 of title 42…

The attorney general, or his or her designee, shall have general responsibility and authority for the implementation of this chapter, as subsequently provided, including, without limiting the responsibility and authority: (1) To process all applications for any license provided u…

(a) The attorney general is authorized to adopt, amend, or repeal any regulations, consistent with the policy and objectives of this chapter, that he or she deems necessary or desirable for the public interest in carrying out the provisions of this chapter. (b) The regulations sh…

(a) The attorney general, or his or her designee, shall have the power and authority to issue subpoenas and to compel the attendance of witnesses at any place within this state; to administer oaths; and to require testimony under oath. The attorney general may serve his or her pr…

The attorney general, or his or her designee, shall have authority, with warrant: (1) To inspect and examine the principal place of business, each bureau, agency, subagency, office, or branch office for which a license is sought or has been issued; (2) To inspect, examine, and au…

No person, whether or not he or she is a resident of the state, shall engage in the private security guard business without first obtaining from the attorney general a license to conduct the business, as subsequently provided. No person shall conduct the business under the licens…

(a) Every applicant, or in the case of a partnership each partner, or in the case of a corporation each officer and general, and each shareholder owning a ten percent (10%) or greater interest in the applicant, provided, the applicant is not a publicly traded corporation, shall m…

After an examination of the application and any further inquiry and investigation that he or she deems proper and necessary as to the good character, competency, and integrity of the applicant and the persons named in the application, the attorney general shall as soon as practic…