Title 40.1, Title 40.1 Healthcare, Developmental Disabilities and Hospitals

Notwithstanding any provision of the Rhode Island general laws to the contrary, the department of behavioral healthcare, developmental disabilities and hospitals shall have the following powers and duties: (1) To establish and promulgate the overall plans, policies, objectives, a…

(a) The director of administration, with the approval of the governor, shall make the conclusive determination of the number of positions, personnel, property, records, and appropriation balances, allocations, and other funds of the department of health to be transferred to the d…

In order to ensure continuity of the administrative business of the state, the actual transfer of functions or any part thereof to the department of behavioral healthcare, developmental disabilities and hospitals from the department of health may be postponed after July 1, 1998, …

The director of the department of administration shall promulgate rules and regulations that are necessary to establish a division of substance abuse services within the department of behavioral healthcare, developmental disabilities and hospitals.

All general and public laws affected by this chapter shall be revised, amended, consolidated, or conformed by the law revision office. Wherever in general and public laws reference is made to the functions of the department of health that are transferred to the department of beha…

This chapter shall be liberally construed in aid of its declared purposes, the primary purpose of which is the coordination and integration of functions relating to substance abuse education, prevention, and treatment within one department and the allocation of these functions to…

The department of behavioral healthcare, developmental disabilities and hospitals, division of substance abuse, in conjunction with the Rhode Island Council on Problem Gambling and the Drug and Alcohol Treatment Association of Rhode Island, shall develop a program to address prob…

(a) The department of behavioral healthcare, developmental disabilities and hospitals shall establish and promulgate minimum standards for treatment programs for problem gamblers and for gaming prevention programs, and shall make these standards available to the public and to any…

There is hereby created a restricted receipt account within the department of behavioral healthcare, developmental disabilities and hospitals for the purposes of receiving and expending monies from any other sources, public or private, limited to gifts, grants, and donations. The…

There is created within the general fund of the state a restricted receipt account to be known as the “group home facility improvement fund.” Money transferred to this fund shall include, but is not limited to, the proceeds from the surplus of state-owned group home facilities or…

(a) Wherever in the general or public laws, or any rule or regulation, any reference to the “department of mental health, retardation and hospitals” or to “department” shall appear, it shall be deemed to mean and shall mean “the department of behavioral healthcare, developmental …

All functions, services, and duties of the department of behavioral healthcare, developmental disabilities and hospitals shall be organized by the director with the approval of the governor as to: (1) Division of behavioral health care which includes the program areas of integrat…

Notwithstanding any other provisions of law, any division, bureau, or other unit or agency within the department of behavioral healthcare, developmental disabilities and hospitals, however entitled or described, may at any time be reorganized, divided, consolidated, abolished, or…

The department of administration shall furnish the state department of behavioral healthcare, developmental disabilities and hospitals offices in which to transact its business and keep its records. Those offices shall be open for business each day of the year except Sundays and …

The director of the department of behavioral healthcare, developmental disabilities and hospitals, subject to the provisions of chapter 4 of title 36, shall be the appointing authority for all employees of the department, and the director may assign this function to subordinate o…

The state council on developmental disabilities is hereby designated to be the sole agency of the state to develop and, as approved by the governor, establish a plan for improving services for individuals with developmental disabilities and administer any statewide plan for the p…

The term “developmental disability” means a severe, chronic disability of a person that: (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (2) Is manifested before the person attains age twenty-two (22); (3) Is likely to con…

(a) The governor shall establish a state council administratively attached to the university of Rhode Island (hereafter referred to as the “university”) and make appropriate provisions for the rotation of membership, and appoint such representatives as are required as a condition…

As used in this chapter: (1) “Care and treatment” means the health services provided on an inpatient or outpatient basis in any facility directly operated by the department. Those services may include, but are not limited to, medical services, nursing care, bed and board, ancilla…

Any person or persons claiming a right to any moneys paid to the general treasurer may establish that right in the same manner as is provided in the case of unclaimed bank deposits in the hands of the general treasurer.

All personal property, excepting moneys, that shall have been left by any discharged or deceased patient or inmate in any institution under the control of the department of behavioral healthcare, developmental disabilities and hospitals and that, now or hereafter, shall not have …

The fiscal agent of the department of behavioral healthcare, developmental disabilities and hospitals shall order the transfer of the abandoned personal property to the general treasurer for sale.

The fiscal agent shall, upon ordering transfer of the abandoned personal property, cause to be forwarded to the general treasurer a list or declaration setting forth the name of each discharged or deceased patient or inmate and a description of each article of personal property a…

The general treasurer, upon receipt of the abandoned personal property and the list or declaration, shall sell the articles at public sale advertised in a manner that, to the general treasurer, shall seem satisfactory and the general treasurer shall remit the proceeds received fr…

The proceeds from the advertised public sale or sales, when received by the fiscal agent, shall be treated by him or her in the same manner as is provided for in §§ 40.1-2-7 — 40.1-2-10.

In exercising the power and authority to provide for the care and physical welfare of the inmates, prisoners, patients, and pupils in the several institutions under its control and for the protection of the public health, the department of behavioral healthcare, developmental dis…

The director of the department of behavioral healthcare, developmental disabilities and hospitals shall appoint resident physicians, dentists, and other physicians as may be necessary to give proper attention to the physical and mental welfare of the inmates of the institutions u…

The department is hereby authorized and directed, by the attending physician at any of the institutions or by such other physician as the director of the department may, from time to time, designate, to use every available means to ascertain the existence of any dangerous, infect…

Every inmate, prisoner, patient, or pupil in any of the institutions under the department’s control, who has any dangerous, infectious, or contagious disease, including syphilis in the infectious stages and gonococcus infection, shall be forthwith placed under medical treatment, …

The department shall adopt, amend, promulgate, and enforce rules and regulations as are deemed necessary to accomplish the purposes of §§ 40.1-2-1 — 40.1-2-5; provided, however, that all rules and regulations shall be consistent with all applicable state and federal statutes and …

For the statistical purposes of the department of health, the department of behavioral healthcare, developmental disabilities and hospitals shall keep records of all cases of venereal diseases in institutions under its control, but those records shall not be open to public inspec…

In carrying out the provisions of §§ 40.1-2-16 — 40.1-2-20 the department is hereby vested with full powers of inspection, examination, isolation, and disinfection of all inmates, prisoners, patients, or pupils in any of those institutions, and those powers may be delegated to an…

The director of the department of behavioral healthcare, developmental disabilities and hospitals shall appoint religious instructors who shall conduct religious services at such times and at such places within institutions under the control of the department, and who shall perfo…

All officers appointed by the director hereunder shall hold their respective offices during his or her pleasure, and may be removed and their successors appointed by the director at any time. In addition to the duties prescribed for those officers by law, they shall perform such …

The director shall fix the compensation of the officers and employees of the several institutions appointed under the authority of this chapter, and of the other institutions under his or her control, within the sum or sums appropriated to be expended for that purpose.

The director may set apart for cultivation and other farming purposes any of the land under his or her control, whether or not the land is within the limits of any institution defined as provided in this chapter, and may place that land under the care and control of the officer i…

The director of the department of behavioral healthcare, developmental disabilities and hospitals shall annually make to the council on elementary and secondary education in the month of July, a report of all the schools maintained in the institutions under its control, the repor…

The department shall have a seal that shall have engraved thereon the words “Department of behavioral healthcare, developmental disabilities and hospitals, state of Rhode Island,” and the seal shall be affixed to all written contracts that the department is authorized and directe…

(a) The director shall make an annual report to the general assembly during the month of January, setting forth: (1) The condition and needs of the several institutions under his or her control; the number of inmates in each institution; an abstract of all reports received from o…

Every key for maximum security units of the several institutions under the control of the department of behavioral healthcare, developmental disabilities and hospitals shall contain embossed thereon the state seal with the words “do not duplicate,” and whoever reproduces or cause…

The department shall investigate each patient’s estate and shall also continually monitor each patient’s eligibility for third-party programs. The department shall seek payment or contribution for the charges for each patient’s care and treatment from every third-party program fo…

The department of behavioral healthcare, developmental disabilities and hospitals shall have standing to petition the appropriate probate court for the appointment of a suitable person to serve as conservator, or to serve as legal guardian of the person or estate or both, of any …

Any bank or other custodian of assets or income that is part of any patient’s estate shall be required to disclose the existence, nature, and amount of the assets and income upon written request of the department. The department shall not disclose, directly or indirectly, any inf…

Every patient shall pay, from the patient’s estate, all charges billed to the patient for care and treatment in a facility. The department may undertake any action, including, but not limited to, court action, to reach the estate of a patient who has accrued unpaid charges for ca…

The department of behavioral healthcare, developmental disabilities and hospitals shall keep a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every patient or client in the several institutions under the contro…

The fiscal agent of the department of behavioral healthcare, developmental disabilities and hospitals shall apply any funds now or hereafter deposited in the name of any discharged or deceased patient or inmate in any institution under the control of the department of behavioral …