Rhode Island General Laws 5-69-10. Licensed professionals discipline
Licensees subject to this chapter shall conduct their activities, services, and practice in accordance with this chapter and with any rules promulgated pursuant to this chapter. The licensing board may recommend to the director refusal to grant a license to, or to suspend, revoke, condition, limit, qualify, or restrict the license of any individual who the licensing board or its designee, after a hearing, determines:
(1) Is incompetent to practice under the provisions of this chapter, or is found to engage in the practice of chemical dependency counseling and/or supervision in a manner harmful or dangerous to a client or to the public;
(2) Has obtained or attempted to obtain a license, or renewal, by bribery or fraudulent representation;
(3) Has knowingly made a false statement on a form required by the licensing board;
(4) Has failed to obtain the continuing education credits necessary for re-licensing;
(5) Has engaged in sexual relations with a current client, solicited sexual relations with a current client, or committed an act of sexual abuse or sexual misconduct with a current client;
(6) Has failed to remain free from the use of any controlled substance or any alcoholic beverages to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that he or she is free from use of any controlled substance or any alcoholic beverages that impair his or her ability to conduct with safety to the public the practice authorized by this license;
(7) Has been convicted of a felony, which shall be waived by the board upon presentation of satisfactory evidence that the conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his or her conviction does not impair his or her ability to conduct with safety to the public the practice authorized by this license;
(8) Has disciplinary action pending or has revocation, suspension, or probation taken against the licensee in Rhode Island or another state or territory of these United States;
(9) Has failed to maintain confidentiality per federal regulation 42 C.F.R. part 2;
(10) Has engaged in false or misleading advertising;
(11) Has a mental disability that significantly impairs the ability or judgment (the order of a court that the licensee is in need of mental treatment for incompetency shall continue the mental disability); and
(12) Has violated any of the provisions of this chapter, or the provisions of any code of ethics adopted by the licensing board.
History of Section.
P.L. 1994, ch. 117, § 1; P.L. 1995, ch. 370, art. 14, § 13.
Terms Used In Rhode Island General Laws 5-69-10
- board: means the board of licensing for chemical dependency professionals. See Rhode Island General Laws 5-69-2
- Conviction: A judgement of guilt against a criminal defendant.
- Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 5-69-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Supervision: means no less than one hour per week and consists of individual or group supervision with a clinician licensed or certified in substance-abuse counseling with education, supervisory experience, and ethics approved by the ICRC/AODA member. See Rhode Island General Laws 5-69-2
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8