Terms Used In Rhode Island General Laws > Chapter 5-36.1 - License of Naturopathy Act of 2017

• Adult with intellectual or developmental disabilities: means a person, eighteen (18) years old or older and not under the jurisdiction of the department of children, youth and families who is either an adult with intellectual or developmental disabilities or is a person with a severe, chronic disability that:

  (i)  Is attributable to a mental or physical impairment or combination of mental and physical impairments;

  (ii)  Is manifested before the person attains age twenty-two (22);

  (iii)  Is likely to continue indefinitely;

  (iv)  Results in substantial functional limitations in three (3) or more of the following areas of major life activity:

  (A)  Self care;

  (B)  Receptive and expressive language;

  (C)  Learning;

  (D)  Mobility;

  (E)  Self-direction;

  (F)  Capacity for independent living;

  (G)  Economic self-sufficiency; and

  (v)  Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Rhode Island General Laws 40.1-21-4.3

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Advocate: means : (i) A legal guardian; or (ii) An individual acting on behalf of a person with a developmental disability in a manner clearly consistent with the interests of the person with a developmental disability and includes a family member, friend, or professional advocate. See Rhode Island General Laws 40.1-26-2
• Agency: means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, and that is licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to Rhode Island General Laws 40.1-26-2
• 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.
• Ancillary services: means those services provided, and shall include, but not be limited to, transportation, housing, housing adaptation, personal attendant care, and homemaker services. See Rhode Island General Laws 40.1-21-4.3
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means any person with a developmental disability who has applied for services from the division of developmental disabilities and/or any agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to Rhode Island General Laws 40.1-26-2
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Audit: means an annual financial accounting of a center's financial situation, conducted by a certified public accountant, within one hundred twenty (120) days from the end of the center's fiscal year, and that includes, for the year reviewed and the immediate preceding year, full financial disclosure of the center's assets, liabilities, fund balances, revenues, and expenditures by program, and a verification of matchable funds for the year reviewed. See Rhode Island General Laws 40.1-8.5-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the community mental health board created pursuant to this chapter as the governing body of the community mental health center. See Rhode Island General Laws 40.1-8.5-2
• Board: means the board of licensure of naturopathy. See Rhode Island General Laws 5-36.1-2
• Case management: means the implementation of an individual's program by providing information, by referral to appropriate service providers, by procurement of services, and by the coordination of the necessary services. See Rhode Island General Laws 40.1-21-4.3
• Center: means the community mental health center which is a local, nonprofit entity organized and incorporated pursuant to the laws of the state, governed by a board, and recognized by the department of behavioral healthcare, developmental disabilities and hospitals as the community mental health center for a designated mental health service area. See Rhode Island General Laws 40.1-8.5-2
• Client: means any developmentally disabled adult who is in potential need of, or is receiving, services aimed at alleviating his or her condition of functional dependence. See Rhode Island General Laws 40.1-22-3
• Community residence: means a place, such as a group home, however named, licensed pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological support, skills training, social guidance, and living accommodations to individuals who are mentally disabled, as defined by Rhode Island General Laws 40.1-24.5-1
• Community residence: means any home or other living arrangement that is established, offered, maintained, conducted, managed, or operated by any person for a period of at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision is provided for the purpose of providing rehabilitative treatment, habilitation, psychological support, and/or social guidance for three (3) or more persons with mental illness, addiction/substance abuse disorders, or who are persons with developmental disabilities or cognitive disabilities such as brain injury. See Rhode Island General Laws 40.1-24-1
• Competent: means the ability to understand the likely risks and benefits of a procedure or plan when the risks and benefits are presented to the participant in a manner most likely to be understood by the participant in light of his or her cognitive abilities and learning style. See Rhode Island General Laws 40.1-26-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Day-treatment program: means any nonresidential facility that is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide therapeutic intervention to persons with mental illness, addiction/substance abuse disorders, or who are persons with developmental disabilities or cognitive disabilities such as brain injury. See Rhode Island General Laws 40.1-24-1
• Deemed status: means acceptance by the department of accreditation granted by a national accreditation organization that has been recognized and approved by the department, including, but not limited to, the joint commission, the commission on accreditation of rehabilitation facilities, or the council on accreditation. See Rhode Island General Laws 40.1-24-1
• Department: means the Rhode Island department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-21-4.3
• Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-24-1
• Department: means the Rhode Island department of health. See Rhode Island General Laws 5-36.1-2
• Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-26-2
• Department: means the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-8.5-2
• Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-22-3
• Developmental disability: means a severe chronic disability that is attributable to a mental or physical impairment or combination of impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency; and reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Rhode Island General Laws 40.1-26-2
• Developmental disability agency: means any organization that has been established and licensed by the department of behavioral healthcare, developmental disabilities and hospitals for the purpose of providing either employment, vocational supports, residential and/or day-support services for adults with developmental disabilities in Rhode Island. See Rhode Island General Laws 40.1-24.6-1
• Diagnosis and evaluation: means a process to determine whether and to what extent an individual is intellectually or developmentally disabled and a study of the individual's condition, situation, and needs that lead to a recommendation of what services, if any, would benefit the individual. See Rhode Island General Laws 40.1-21-4.3
• Director: means the head or the chief administrative officer of the community residence, or the director's designee. See Rhode Island General Laws 40.1-24.5-1
• Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 5-36.1-2
• Director: means the director of the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-8.5-2
• Director: means the director of the department of behavioral healthcare, developmental disabilities and hospitals or the director's designees. See Rhode Island General Laws 40.1-22-3
• Disciplinary action: includes issuance of warnings and all sanctions including denial, suspension, revocation, limitation, or restriction of licenses and other similar limitations. See Rhode Island General Laws 5-36.1-2
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Doctor of naturopathy: means a person who practices naturopathic health care and is licensed pursuant to the provisions of this chapter. See Rhode Island General Laws 5-36.1-2
• 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.
• Ex officio: Literally, by virtue of one's office.
• Facility: means any community residence, day-treatment program, rehabilitation program, public or private, excluding hospitals or units within hospitals for persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury providing program services that do not constitute medical or custodial care, but do offer rehabilitation, habilitation, psychological support, and social guidance. See Rhode Island General Laws 40.1-24-1
• Facility: means any public or private facility, inpatient rehabilitation center, hospital, institution, or other domiciliary facility, the office of developmental disabilities or any part thereof, equipped to habilitate, on a residential basis, persons who are intellectually or developmentally disabled and in need of residential care. See Rhode Island General Laws 40.1-22-3
• 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.
• Fiscal year: means the fiscal year used by the state. See Rhode Island General Laws 40.1-8.5-2
• Fraud: Intentional deception resulting in injury to another.
• Grievance procedure: means the formalized process mandated by Rhode Island General Laws 40.1-24.5-1
• 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.
• 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
• Individualized plan: means the personalized document that describes an individualized profile of the participant highlighting his or her capabilities, preferences, and interests. See Rhode Island General Laws 40.1-26-2
• Individualized service plan: means the document that sets forth specific services, such as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and express short- and long-term goals and objectives responsive to the individual needs of the resident. See Rhode Island General Laws 40.1-24.5-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intestate: Dying without leaving a will.
• 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.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Matching grant funds: means state funds in an amount up to and not more than four dollars ($4. See Rhode Island General Laws 40.1-8.5-2
• Mental health advocate: means and refers to the individual appointed by the governor with the advice and consent of the senate in accordance with Rhode Island General Laws 40.1-24.5-1
• Mental health services: means those services provided to mentally disabled children and adults and shall include, but not be limited to, psychiatric, medical, nursing, psychological, social, rehabilitative, and support services provided in the prevention, diagnosis, treatment, and follow-up of mental disabilities, and in addition, may include those services designed to prevent mental disabilities or be of a consultative, informational, or educational nature about mental disabilities. See Rhode Island General Laws 40.1-8.5-2
• Natural: means present in, produced by, or derived from nature. See Rhode Island General Laws 5-36.1-2
• Notice: means written notice in as simple and non-technical language as practicable as required by the department, or the court of competent jurisdiction. See Rhode Island General Laws 40.1-22-3
• 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.
• Parent: means the natural, adoptive, foster parent, or caretaker of the child. See Rhode Island General Laws 40.1-22-3
• Participant: means any person eighteen (18) years or older, with a developmental disability who receives services from the division of developmental disabilities and/or an agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-26-2
• 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: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Person: means any individual, governmental unit, corporation, company, association, or joint stock association and the legal successor thereof. See Rhode Island General Laws 40.1-24-1
• Person: means any individual, partnership, corporation, company, or association and the legal successors in interest thereof. See Rhode Island General Laws 40.1-24.5-1
• Personal property: All property that is not real property.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Program: means a planned service-delivery system structured to provide specific components that are responsive to the needs of those served. See Rhode Island General Laws 40.1-24-1
• Qualified third-party administrator: means an entity with at least five (5) years of experience creating and operating health-benefit plans that maintain sufficiently capitalized self-insurance funds of similar characteristics of the fund being authorized in accordance with this chapter. See Rhode Island General Laws 40.1-24.6-1
• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Rehabilitation program: means any facility, that is established, offered, maintained, conducted, managed, or operated by any person to provide restorative therapy and/or training to persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury. See Rhode Island General Laws 40.1-24-1
• Relative: means a member of the participant's or applicant's family who has been actively involved in the participant's or applicant's life; has an ongoing relationship with the participant or applicant; and is supportive in a manner clearly consistent with the best interests of the participant or applicant. See Rhode Island General Laws 40.1-26-2
• 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.
• Resident: means an individual of lawful age admitted to a community residence. See Rhode Island General Laws 40.1-24.5-1
• Seclusion: means placing a participant alone in a locked room without supervision. See Rhode Island General Laws 40.1-26-2
• Serious incidents: means any situation involving a person with developmental disabilities in which the person:

  (i)  Has sustained an injury that requires medical care or treatment beyond routine first aid;

  (ii)  Has been missing;

  (iii)  Has died;

  (iv)  Has been involved in a criminal act; or

  (v)  Has been subject to a medication error. See Rhode Island General Laws 40.1-26-2

• service area: means the geographical area within the boundaries of cities and towns, as designated by the director. See Rhode Island General Laws 40.1-8.5-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Supportive services: means those services provided to adults with intellectual or developmental disabilities, and shall include, but not be limited to, occupational therapy, physical therapy, psychological services, counseling, nursing services, and medical services. See Rhode Island General Laws 40.1-21-4.3
• Team: means an interdisciplinary team which includes such professional personnel designated by the director and which shall consist of no less than three (3) persons selected by order of the director, no less than one of whom shall be a licensed physician, no less than one of whom shall be a member of the social work profession, and no less than one of whom shall be a qualified intellectual disability professional (QIDP). See Rhode Island General Laws 40.1-22-3
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8