2002 Public Health Legislation

Any person who was convicted of and sentenced for a crime and who is currently serving an actual term of imprisonment and incarceration may, at any time, file a petition with the superior court requesting the forensic DNA testing of evidence. Unless the justice hearing the motion finds that the defendant has the present ability to pay the costs associated with

DNA testing, the justice shall order that the state of Rhode Island pay for the costs of any such testing ordered under this chapter. Unless good cause is shown, all testing ordered under this section shall be conducted by the Rhode Island department testing.

Lead Hazard Mitigation Public Law 2002-187 and Public Law 2002-188

The health and housing functions are separate with HEALTH only involved with property owner if there has been a poisoning. The law establishes a reasonable, affordable, effective standard for lead hazard mitigation based on the HUD standard. Statute requires the compilation, publication, and use for enforcement of data about properties responsible for multiple poisonings. The Housing Resources Commission establishes housing standards.

The law defines the responsibility of property owners to inspect and care for their property, especially when there are children under age six, and to provide tenants information about lead hazards. It drops the theory of "innocent owner" and replaces it with principle of "complying owner". It establishes comprehensive planning and education through the Housing Resources Commission.

The law eliminates the insurance exclusion for liability for lead poisoning and replaces it effective July 1, 2004, with coverage within the basic liability policy for those who comply with the law, and by buy-back for those who do not comply with the law but do not have a record of lead poisonings.

Farm Home Kitchen Public Law 2002-415

This act regulates the manufacture and sale of farm home food through the HEALTH Department. The law establishes standards for the kitchen, food preparation area, labeling of products, and limits farm home preparation to non-potentially hazardous foods.

Private Well Testing Public Laws 2002-161 and 162

The law allows HEALTH to set drinking water standards for private wells and how to inform well owners if they meet the standards and whether treatment is recommended. Requires testing of all new drinking water wells and that those results be submitted to Town building officials. Requires well testing upon sale of a property so that new owner would have up to date accurate information on well water. Requires HEALTH to maintain information on the website of areas where there are contaminants of concern to public health.

Assisted Living amended Public Laws 2002-157 and 158

This law makes significant changes to the assisted living residence act. It would require resident agreements, quality assurance plans and a board for the certification of assisted living facilities administrators.

Nursing Home Bed moratorium Public Law 2002 –236

Assisted living residences that create nursing home beds within the limits of the statute do not have to participate in the Medicaid program. Also, nursing homes may take out of service any or all beds of its licensed capacity without impediment to its right to place back into service such beds at a future date under the same terms and conditions as applied at the time of taking them out of service.

Hospital Events Reporting Public Law 2002-389

Reportable events reported to the department of health division of facilities regulation were expanded. They now include suicide of a patient during treatment or within five (5) days of discharge from an inpatient or outpatient unit (if known), blood transfusion error, and any serious or unforeseen complication, that is not expected or probable, resulting in an extended hospital stay or death of the patient. Added an annual reporting requirement.

Intractable Pain Treatment Public Law 2002-46

Statute amends the Intractable Pain Treatment Act to protect all prescribing health care practitioners and those who administer a controlled substance prescribed by a practitioner for a therapeutic purpose to a person diagnosed and treated by a practitioner for a condition resulting in intractable pain. Previous statutory protection was limited to physicians.

Pesticides in Schools Public Law 2002-418

Amends current statute to require the departments of environmental management and health develop regulations. The regulations will (1) restrict the use of hazardous pesticides in Rhode Island schools, pre-schools and child care centers; (2) assure the promotion and implementation of integrated pest management (IPM); (3) provide guidance for situations where an emergency application of pesticide must be conducted to eliminate an immediate threat to human health, and establish reporting requirements for these emergency applications.

Vaccine Shortage Protection Public Law 2002-172

Authorizes the director of the department of health to develop and adopt by rule and regulation a plan to protect the public health during a vaccine shortage. The plan establishes guidelines for physicians, nurses, hospitals, health systems, pharmacies and others that hold vaccines for the

distribution and administration of vaccines. The guidelines shall include, but are not limited to, a definition of high-risk groups for priority protection or treatment in the event a vaccine shortage is imminent. Establishes a civil penalty of five hundred dollars ($500) against persons who knowingly violate the guidelines for each repeat violation of the guidelines. The director is charged with mobilizing public and private health resources to assist in vaccine distribution and administration.

Unlicensed Health Care Practices Public Law 2002-133

The statue authorizes department of health to respond to complaints about unlicensed health care practitioners. "Unlicensed health care practitioner" means a person who is not licensed by a health-related licensing board and does not hold oneself out to the public as being licensed or registered by the director or a health-related licensing board when engaging in unlicensed health care.

Utilization Review Public Law 2002-328

Amends the definition of utilization review by excluding (i) elective requests for the clarification of coverage; (ii) claims review that does not include the assessment of the medical necessity and appropriateness; (iii) a provider's internal quality assurance program except if it is associated with a health care financing mechanism; (iv) the therapeutic interchange of drugs or devices by a pharmacy operating as part of a licensed inpatient health care facility; (v) the assessment by a pharmacist licensed pursuant to the provisions of chapter 19 of title 5 and practicing in a pharmacy operating as part of a license inpatient health care facility in the interpretation, evaluation and implementation of medical orders, including assessments and/or comparisons involving formularies and medical orders.

Physician and Podiatrist Ambulatory Surgery Facility Pubic law 2002-412

Amends the health care facility licensing statute adding licensure for podiatry ambulatory surgery centers and changes the name of the physician office setting to physician ambulatory surgery center.

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