Terms Used In Rhode Island General Laws > Chapter 4-18 - Importation of Wild Animals

• Administer: refers to the direct application of controlled substances to the body of a patient or research subject by:

  (i)  A practitioner, or, in his or her presence by his or her authorized agent; or

  (ii)  The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means. See Rhode Island General Laws 21-28-1.02

• Administrative penalty: means a monetary penalty not to exceed the civil penalty specified by statute or, where not specified by statute, an amount not to exceed five thousand dollars ($5,000), plus interest. See Rhode Island General Laws 23-17.10-1
• Administrator: means any person who has responsibility for day to day administration or operation of an assisted living residence. See Rhode Island General Laws 23-17.4-2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means a legal entity that is in control of, is controlled by, or is in common control with another legal entity. See Rhode Island General Laws 23-17-2
• Agent: means an authorized person who acts on behalf of, or at the direction of, a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator when acting in the usual and lawful course of the carrier's or warehouse operator's business. See Rhode Island General Laws 21-28-1.02
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assisted living residence: means a publicly or privately operated residence that provides directly or indirectly by means of contracts or arrangements personal assistance and may include the delivery of limited health services, as defined under subsection (12), to meet the resident's changing needs and preferences, lodging, and meals to six (6) or more adults who are unrelated to the licensee or administrator, excluding however, any privately operated establishment or facility licensed pursuant to chapter 17 of this title, and those facilities licensed by or under the jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, the department of children, youth and families, or any other state agency. See Rhode Island General Laws 23-17.4-2
• Capable of self-preservation: means the physical mobility and judgmental ability of the individual to take appropriate action in emergency situations. See Rhode Island General Laws 23-17.4-2
• Certified nurse-teacher: means those personnel certified by the department of elementary and secondary education and employed pursuant to the provisions of § 16-21-7 and § 16-21-8. See Rhode Island General Laws 23-17-2
• Certifying agency: means the state department of health. See Rhode Island General Laws 23-17.9-2
• Change in owner: means :

  (i)  In the case of a healthcare facility that is a partnership, the removal, addition, or substitution of a partner that results in a new partner acquiring a controlling interest in the partnership;

  (ii)  In the case of a healthcare facility that is an unincorporated, solo proprietorship, the transfer of the title and property to another person;

  (iii)  In the case of a healthcare facility that is a corporation:

  (A)  A sale, lease exchange, or other disposition of all, or substantially all, of the property and assets of the corporation; or

  (B)  A merger of the corporation into another corporation; or

  (C)  The consolidation or two (2) or more corporations, resulting in the creation of a new corporation; or

  (D)  In the case of a healthcare facility that is a business corporation, any transfer of corporate stock that results in a new person acquiring a controlling interest in the corporation; or

  (E)  In the case of a healthcare facility that is a nonbusiness corporation, any change in membership that results in a new person acquiring a controlling vote in the corporation. See Rhode Island General Laws 23-17-2

• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Clinician: means a physician licensed under chapter 37 of Title 5; a nurse licensed under chapter 34 of Title 5; a psychologist licensed under chapter 44 of Title 5; a social worker licensed under Rhode Island General Laws 23-17-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. See Rhode Island General Laws 21-28-1.02
• Controlling person: means any person or entity in control of a nursing facility directly or indirectly, including:

  (i)  In the case of a corporation or a limited liability company, or limited liability partnership, a person having a beneficial ownership interest of five percent (5%) or more in the corporation, limited liability company or limited liability partnership to which the facility is licensed;

  (ii)  In the case of a general partnership or limited partnership, any general partner;

  (iii)  In the case of a limited liability company, or limited liability partnership any member;

  (iv)  A legal entity that operates or contracts with another person for the operation of a nursing facility or an owner thereof;

  (v)  Each of the president, vice president, secretary and treasurer of a corporation that is not exempt from taxation under § 501(a) of the United States Internal Revenue Code as an organization described in § 501(c)(3) of such code; and

  (vi)  Such other ownership interest or relationship as may be determined by the director. See Rhode Island General Laws 23-17.11-3

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health. See Rhode Island General Laws 23-17.11-3
• Department: means the department of health of this state. See Rhode Island General Laws 21-28-1.02
• Dependent: A person dependent for support upon another.
• Depressant or stimulant drug: means :

  (i)  A drug that contains any quantity of:

  (A)  Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; and

  (B)  "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs, whether or not derivatives of barbituric acid, except that this definition shall not include bromides and narcotics. See Rhode Island General Laws 21-28-1.02

• Director: means the director of the Rhode Island state department of health. See Rhode Island General Laws 23-17-2
• Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 23-17.4-2
• Director: means the director of the state department of health, or his or her designee. See Rhode Island General Laws 23-17.9-2
• Director: means the director of the department of health or his or her duly authorized agent. See Rhode Island General Laws 23-17.10-1
• Director: means the director of the department of health. See Rhode Island General Laws 23-17.11-3
• Director: means the director of health. See Rhode Island General Laws 21-28-1.02
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispense: means to deliver, distribute, leave with, give away, or dispose of a controlled substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Rhode Island General Laws 21-28-1.02
• Distribute: means to deliver (other than by administering or dispensing) a controlled substance or an imitation controlled substance and includes actual constructive, or attempted transfer. See Rhode Island General Laws 21-28-1.02
• Drug Enforcement Administration: means the Drug Enforcement Administration, United States Department of Justice or its successor. See Rhode Island General Laws 21-28-1.02
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• emergency medical care: means services provided for a medical condition or behavioral-health condition that is manifested by symptoms of sufficient severity that, in the absence of immediate medical attention, could result in harm to the person or others; serious impairment to bodily functions; serious dysfunction of any bodily organ or part; or development or continuance of severe pain. See Rhode Island General Laws 23-17-2
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Facility: means any nursing facilities as defined in chapter 17 of this title and the regulations adopted under chapter 17 of this title. See Rhode Island General Laws 23-17.11-3
• Federal law: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. See Rhode Island General Laws 21-28-1.02
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Freestanding emergency-care facility: means an establishment, place, or facility that may be a public or private organization, structurally distinct and separate from a hospital; staffed, equipped, and operated to provide prompt, emergency medical care. See Rhode Island General Laws 23-17-2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care facility: means a hospital or a nursing facility. See Rhode Island General Laws 23-17-59
• Healthcare facility: means any institutional health-service provider, facility, or institution, place, building, agency, or portion thereof, whether a partnership or corporation, whether public or private, whether organized for profit or not, used, operated, or engaged in providing healthcare services, including, but not limited to: hospitals; nursing facilities; home nursing-care provider (which shall include skilled nursing services and may also include activities allowed as a home-care provider or as a nursing service agency); home-care provider (which may include services such as personal care or homemaker services); rehabilitation centers; kidney disease treatment centers; health maintenance organizations; freestanding emergency-care facilities as defined in this section, and facilities providing surgical treatment to patients not requiring hospitalization (surgi-centers); hospice care, and physician ambulatory-surgery centers and podiatry ambulatory-surgery centers providing surgical treatment. See Rhode Island General Laws 23-17-2
• Hospital: means a person or governmental entity licensed in accordance with this chapter to establish, maintain, and operate a hospital. See Rhode Island General Laws 23-17-2
• Hospital: means an institution as defined in chapter 17 of Title 23. See Rhode Island General Laws 21-28-1.02
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Laboratory: means a laboratory approved by the department of health as proper to be entrusted with controlled substances and the use of controlled substances for scientific and medical purposes and for the purposes of instruction. See Rhode Island General Laws 21-28-1.02
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensing agency: means the Rhode Island state department of health. See Rhode Island General Laws 23-17-2
• Licensing agency: means the Rhode Island department of health. See Rhode Island General Laws 23-17.4-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lift team: means health care facility employees specially trained to perform patient lifts, transfers, and repositioning in accordance with safe patient handling policy. See Rhode Island General Laws 23-17-59
• Limited health services: means health services, as ordered by the resident's physician, provided by qualified licensed assisted living staff members with supervision as required in rules and regulations promulgated by the department of health. See Rhode Island General Laws 23-17.4-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufacture: means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice. See Rhode Island General Laws 21-28-1.02
• Manufacturer: means a person who manufactures but does not include an apothecary who compounds controlled substances to be sold or dispensed on prescriptions. See Rhode Island General Laws 21-28-1.02
• Medical services: means any professional services and supplies rendered by, or under the direction of, persons duly licensed under the laws of this state to practice medicine, surgery, or podiatry that may be specified by any medical service plan. See Rhode Island General Laws 23-17-2
• Mobile health-screening vehicle: means a mobile vehicle, van, or trailer that delivers primary and preventive healthcare screening services, and:

  (i)  Does not maintain active contracts or arrangements with any health insurer subject to regulation under chapter 20 or 42 of title 27;

  (ii)  Does not maintain active contracts or arrangements with another licensed healthcare facility as that term is defined within this section; and

  (iii)  Does not provide medical services free of charge. See Rhode Island General Laws 23-17-2

• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Musculoskeletal disorders: means conditions that involve the nerves, tendons, muscles, and supporting structures of the body. See Rhode Island General Laws 23-17-59
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official written order: means an order written on a form provided for that purpose by the Drug Enforcement Administration under any laws of the United States making provision for an official form, if order forms are authorized and required by federal law, and if no order form is provided, then on an official form provided for that purpose by the director of health. See Rhode Island General Laws 21-28-1.02
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, trust or estate, partnership, corporation (including associations, joint stock companies, and insurance companies), state, or political subdivision or instrumentality of a state. See Rhode Island General Laws 23-17-2
• Person: means any agency or political subdivision of the state, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity or any group of them or any officer, employee, or agent of them. See Rhode Island General Laws 23-17.10-1
• Person: means any individual, trust or estate, partnership, limited liability company, limited liability partnership, corporation (including associations, joint stock companies and insurance companies), state or political subdivision or instrumentality of a state. See Rhode Island General Laws 23-17.11-3
• Person: means any corporation, association, partnership, or one or more individuals. See Rhode Island General Laws 21-28-1.02
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal assistance: means the provision of one or more of the following services, as required by the resident or as reasonably requested by the resident, on a scheduled or unscheduled basis, including:

  (i)  Assisting the resident with personal needs including activities of daily living;

  (ii)  Assisting the resident with self-administration of medication or administration of medications by appropriately licensed staff;

  (iii)  Providing or assisting the resident in arranging for health and supportive services as may be reasonably required;

  (iv)  Monitoring the activities of the resident while on the premises of the residence to ensure his or her health, safety, and well-being; and

  (v)  Reasonable recreational, social and personal services. See Rhode Island General Laws 23-17.4-2

• Personal property: All property that is not real property.
• Physician ambulatory-surgery center: means an office, or portion of an office, that is utilized for the purpose of furnishing surgical services to the owner and/or operator's own patients on an ambulatory basis, and shall include both single-practice, physician ambulatory-surgery centers and multi-practice, physician ambulatory-surgery centers. See Rhode Island General Laws 23-17-2
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Podiatry ambulatory-surgery center: means an office or portion of an office that is utilized for the purpose of furnishing surgical services to the owner and/or operator's own patients on an ambulatory basis, and shall include both single-practice, podiatry ambulatory-surgery centers and multi-practice podiatry ambulatory-surgery centers. See Rhode Island General Laws 23-17-2
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practitioner: means :

  (i)  A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See Rhode Island General Laws 21-28-1.02

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Qualified interpreter: means a person who, through experience and/or training, is able to translate a particular foreign language into English, with the exception of sign-language interpreters who must be licensed in accordance with chapter 71 of Title 5. See Rhode Island General Laws 23-17-2
• Qualified licensed assisted living staff members: means a certified nursing assistant as provided under Rhode Island General Laws 23-17.4-2
• Qualified sign-language interpreter: means one who has been licensed in accordance with the provisions of chapter 71 of Title 5. See Rhode Island General Laws 23-17-2
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Resident: means an individual not requiring medical or nursing care as provided in a healthcare facility but who as a result of choice and/or physical or mental limitation requires personal assistance, lodging and meals and may require the administration of medication and/or limited health services. See Rhode Island General Laws 23-17.4-2
• Resident: means a person who resides in a nursing facility as defined in chapter 17 of this title and the regulations adopted pursuant to chapter 17 of this title. See Rhode Island General Laws 23-17.11-3
• Safe patient handling: means the use of engineering controls, transfer aids, or assistive devices whenever feasible and appropriate instead of manual lifting to perform the acts of lifting, transferring, and/or repositioning health care patients and residents. See Rhode Island General Laws 23-17-59
• Safe patient handling policy: means protocols established to implement safe patient handling. See Rhode Island General Laws 23-17-59
• School-based health center: means a facility located in an elementary or secondary school licensed as a school-based health center that delivers primary and/or preventive healthcare services to individuals to include, but not be limited to, students on site. See Rhode Island General Laws 23-17-2
• Sell: includes sale, barter, gift, transfer, or delivery in any manner to another, or to offer or agree to do the same. See Rhode Island General Laws 21-28-1.02
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means the supervision requirements of qualified licensed assisted living staff delivering limited health services in accordance with this chapter, as defined through rules and regulations promulgated by the department of health. See Rhode Island General Laws 23-17.4-2
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Wholesaler: means a person who sells, vends, or distributes at wholesale, or as a jobber, broker agent, or distributor, or for resale in any manner in this state any controlled substance. See Rhode Island General Laws 21-28-1.02