2003 Public Health Legislation

Emergency Health Powers (PL 2003 -185 and PL 2003 – 189)
Enhances HEALTH’s surveillance authority by the reporting of inventories and sales of drugs, devices and other products potentially related to the outbreak of disease. In addition, it amends the health director’s quarantine authority by adding less restrictive interventions and treatment and adding procedural standards for compliance. Finally, it expands and further specifies the Governor’s emergency powers and adds the definition of bioterrorism to the list of emergency situations.

Driving Under the Influence, .08 Blood Alcohol Concentration (PL 2003 – 87 and PL 2003 – 88)
Makes it a misdemeanor to drive with a blood alcohol concentration of eight one-hundredths of one percent or above.

No Good Driving Record Exemption if Child Restraint System Violation on the Record (PL 2003 – 134)
Child restraint system violations will now count towards good driving record determinations.

Food Safety Manager Standards Amended for Assisted Living Residences with less than Five Staff (PL 2003 –229 and PL 2003 – 318)
Assisted living residences with twenty-five (25) or fewer residents and five (5) or fewer employees only need to employ one full-time manager certified in food safety.

Mercury Reduction Act Amended Delaying Implementation (PL 2003 – 235 and PL 2003 – 328)
The implementation of many provisions of this act is delayed by 1 – 2 years. Also a newly created commission will be responsible for oversight and planning for mercury hazard reduction and elimination.

Nursing Working Mothers (PL 2003 – 53 and PL 2003 – 67)
It requires employers to make reasonable efforts to provide unpaid breaks and a reasonable location for employees to express milk or breastfeed a baby.

Birth Defects Surveillance and Information (PL 2003 – 183 and PL 2003 –182)
Creates birth defects registry for the early recognition and referral of significant childhood illnesses or risks. This registry will also serve as a tool to recognize patterns of poor birth outcomes, which may indicate a newly recognized illness, environmental or other threat to future children.

Hospice for Children (PL 2003 – 182 and PL 2003 – 192)
The department of human services will provide pediatric palliative care services to eligible children under the age of nineteen (19) years who have a terminal illness. These services must be provided by licensed health care facilities.

Board of Medical Licensure and Discipline Act Amended
(PL 2003 – 249, PL 2003 – 339) Changes the annual registration of physicians to a biannual registration; revises the definition of unprofessional conduct, and eliminates the notice requirement to patients of anesthesiologists about third party coverage of services.
(PL 2003 – 65, PL 2003 – 76) Consolidates the examining committees for applicants applying for licensure as allopathic or osteopathic physicians.
(PL 2003 – 176, and PL 2003 – 177) Consolidates the allopathic and osteopathic investigation committees and assigns a hearing officer to the committee conducting the investigation.

Prescription Drugs 60 day supply for specific ADHD prescriptions (PL 2003 –132 and PL 2003 - 338)
Increases to 60 days and/or to 250 the dosage units for which medications prescribed for the treatment of attention deficit and hyperactivity disorder may be dispensed.

Electronic Signature for prescriptions (PL 2003 – 47 and PL 2003 – 405)
Practitioners with prescriptive authority may now also sign prescriptions electronically.

Nurse Practice Act Amended (PL 2003 – 125 and PL 2003 – 138)
Establishes licensure for psychiatric and mental health clinical nurse specialists as a basis for granting prescribing privileges; enhances the diversion program; expands the composition of the board; requires nurses to complete 10 continued education hours every two years; and makes other administrative amendments.

Physical Therapy Act Amended (PL 2003 – 133 and PL 2003 – 152)
Expands the board composition; revises the definition of unprofessional conduct; recognizes the national accrediting agency of physical therapy education programs; and makes other administrative updates

Coverage for Lyme Disease Treatment (PL 2003 – 113 and PL 2003 – 114)
Mandates health insurance coverage of diagnostic testing and long term antibiotic treatment of chronic lyme disease through December 31, 2004.

Laboratories (PL 2003 – 059 and PL 2003 – 107)
Requires analytical laboratories to obtain certification for analyses and methods for laboratory testing of potable water, non-potable water, and environmental samples for lead

Utilization Review (PL 2003 – 283 and PL 2003 - 350)
Provides that, other than in exceptional circumstances, no adverse determination that care is determined medically inappropriate would be made until a qualified practitioner has spoken or otherwise provided for a direct two-way communication with the patient’s attending practitioner.

Nursing Service Agency and Rehabilitation Center Oversight (PL 2003-376)
Health Department licensure of nursing service agencies and rehabilitation centers deleted thus allowing these types of agencies to operate in Rhode Island without a license.

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