§ 40.1-24-1. Definitions. As used in this chapter: (1) “Adult foster home” means a private family living arrangement that, through financial support from the parent deinstitutionalization subsidy aid program, provides housing and supervision to two (2) or more persons with mental illness, addiction/substance abuse disorders, or who are persons with developmental disabilities or otherwise eligible […]
§ 40.1-24-10. Time allowed for compliance with new rules or standards. Any facility that is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, not to exceed one year from the date of promulgation of any applicable rules or […]
§ 40.1-24-11. Inspections and investigations — Alterations or new construction. The department shall make or cause to be made such inspections and investigations that it deems necessary. Deemed status shall not prohibit the department from conducting any inspection and/or investigation it deems necessary. The department may prescribe by regulations that any licensee or applicant desiring […]
§ 40.1-24-12. Confidentiality of information. Information received by the department through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals or facilities and programs, except in a proceeding involving the question of licensure. History of Section.P.L. 1972, ch. 160, § 1; P.L. […]
§ 40.1-24-13. Annual report of activities. The department shall prepare and publish an annual report of its activities and operations under this chapter. History of Section.P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-13; P.L. 1979, ch. 39, § 1.
§ 40.1-24-14. Operation of unlicensed facility. Any person establishing, conducting, managing, or operating any facility, as defined in this chapter, without a license pursuant to this chapter shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months, or […]
§ 40.1-24-15. Injunction to restrain operation without license. Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for injunction or other process […]
§ 40.1-24-16. Institutions to which chapter inapplicable. The provisions of this chapter shall not be construed to apply to substance abuse facilities, infant’s boarding homes, day nurseries, or homes for aged or convalescent persons (chapters 17 and 17.4 of title 23 and chapter 13 of title 40 [repealed]). History of Section.P.L. 1972, ch. 160, § […]
§ 40.1-24-17. Power to enforce chapter. The director of the department of behavioral healthcare, developmental disabilities and hospitals shall have power to enforce the provisions of this chapter in any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, community residences, day-treatment programs, habilitation programs, rehabilitation programs, and […]
§ 40.1-24-18. Severability. If any provision of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are […]
§ 40.1-24-19. Aftercare programs. (a) All community residences that provide care for people who are mentally ill, or alcohol and/or drug abusers, that are funded in whole or in part by state funds, shall establish an aftercare program. The program shall require the following: (1) A minimum of two (2) follow-up contact attempts to be […]
§ 40.1-24-2. Purpose. (a) The purpose of this chapter is to provide for the development, establishment, and enforcement of standards: (1) For facilities and programs providing rehabilitation, psychological support, and social guidance to individuals who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities or cognitive disabilities such as brain injury; […]
§ 40.1-24-20. Human immunodeficiency virus (HIV) testing — Facilities for drug users. Every physician or healthcare provider attending any person for any service offered at a facility for intravenous drug users shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed in accordance with the provisions of chapter […]
§ 40.1-24-21. Competency evaluation and training programs for residential instructors. Individuals employed as residential instructors in privately and publicly operated residential programs for persons who are developmentally disabled, licensed pursuant to the provisions of this chapter, shall successfully pass a qualifying competency evaluation or complete a training program. Competency evaluation and training programs must be […]
§ 40.1-24-3. License requirement. No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, or maintain a facility or program as defined in this chapter in this state without a license under this chapter. History of Section.P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, […]
§ 40.1-24-4. Application for license. An application for a license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed pursuant to this chapter. […]
§ 40.1-24-5. Issuance of license — Transfer. Upon receipt of an application for license, the department shall issue a license if the applicant meets the requirements established under this chapter. If all the requirements under this chapter are not met, the department may issue a provisional license for a period not to exceed six (6) […]
§ 40.1-24-6. Expiration and renewal of license. A license, other than a provisional license, unless sooner suspended or revoked, shall remain in full force and effect until renewed by approval of the department in accordance with procedures for renewal set forth in rules and regulations to be adopted by the department pursuant to § 40.1-24-9; […]
§ 40.1-24-7. Denial, suspension, or revocation of license. (a) Deemed status shall not prohibit the department from taking any licensing action it deems necessary. (b) The department, 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 […]
§ 40.1-24-8. Review of license action. Any applicant or licensee or the state acting through the attorney general, aggrieved by the decision of the department after a hearing may, within thirty (30) days after the mailing or serving of notice of the determination, as provided in § 40.1-24-7, file a notice of appeal in the […]
