Terms Used In Rhode Island General Laws > Chapter 5-40 - Physical Therapists

• Adjudicative officer: means the deciding official, without regard to whether the official is designated as an administrative law judge, a hearing officer or examiner, or otherwise, who presided at the adversary adjudication. See Rhode Island General Laws 42-92-2
• Adjudicatory proceedings: means any proceeding conducted by, or on behalf of, the state, administratively or quasi-judicially, which may result in the loss of benefits; the imposition of a fine; the adjustment of a tax assessment; the denial, suspension, or revocation of a license or permit; or which may result in the compulsion or restriction of the activities of a party. See Rhode Island General Laws 42-92-2
• 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.
• Agency: means any state and/or municipal board, commission, council, department, or officer, other than the legislature or the courts, authorized by law to make rules or to determine contested cases; to bring any action at law or in equity, including, but not limited to, injunctive and other relief; or to initiate criminal proceedings. See Rhode Island General Laws 42-92-2
• Agricultural land: means any land in the state of five (5) contiguous acres or larger that is suitable for agriculture by reference to soil type, existing use for agricultural purposes and other criteria to be developed by the commission and may include adjacent pastures, ponds, natural drainage areas and other adjacent areas which the commission deems necessary for farm operations;

  (2)  "Agricultural lands preservation commission" or "commission" means the commission established pursuant to § 42-82-3;

  (3)  "Agricultural operation" means any individual, partnership or corporation that complies with § 44-27-3 and § 2-1-22(j) and produces and distributes a commercial food, feed, fiber or horticultural product. See Rhode Island General Laws 42-82-2

• Allegation: something that someone says happened.
• 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.
• Appraisal: A determination of property value.
• 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
• Auxiliary aids and services: includes :

  (i)  Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

  (ii)  Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

  (iii)  Acquisition or modification of equipment or devices; and

  (iv)  Other similar services and actions. See Rhode Island General Laws 42-87-1.1

• Bequest: Property gifted by will.
• Board: means the board of physical therapy established by § 5-40-2. See Rhode Island General Laws 5-40-1
• Chambers: A judge's office.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• 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.
• 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.
• Cost: when used with reference to acquisition of development rights, means as of any particular date the cost subsequently incurred of purchasing the development rights, property rights and all other necessary expenses incident to planning, financing, and implementing the provisions of this chapter;

  (5)  "Development rights" means the rights of the fee simple owner to develop, construct on, divide, sell, lease, or otherwise change the property in such a way as to render the land unsuitable for agriculture; this includes the exercise of the owner's rights to sell or grant easements or rights of way, or to sell the mineral or water rights or other rights if by that exercise the use of the land as productive agricultural land is diminished; but does not include the rights of the owner to sell, lease, or otherwise improve the agricultural land to preserve, maintain, operate, or continue the land as agricultural land or all other customary rights and privileges of ownership, including the right to privacy. See Rhode Island General Laws 42-82-2

• 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.
• Department: means the department of health. See Rhode Island General Laws 5-40-1
• Development rights: means the rights of the fee simple owner to develop, construct on, divide, sell, lease, or otherwise change the property in such a way as to render the land unsuitable for agriculture; this includes the exercise of the owner's rights to sell or grant easements or rights of way, or to sell the mineral or water rights or other rights if by that exercise the use of the land as productive agricultural land is diminished; but does not include the rights of the owner to sell, lease, or otherwise improve the agricultural land to preserve, maintain, operate, or continue the land as agricultural land or all other customary rights and privileges of ownership, including the right to privacy. See Rhode Island General Laws 42-82-2
• Devise: To gift property by will.
• Diagnostic imaging: means techniques used to capture an image of a body part. See Rhode Island General Laws 5-40-1
• Disability: means , with respect to an individual:

  (i)  A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

  (ii)  A record of such impairment; or

  (iii)  Being regarded as having such an impairment (as described in paragraph (4));

  (iv)  Includes any disability which is provided protection under the Americans with Disabilities Act, Rhode Island General Laws 42-87-1

• drug: means a controlled substance, as defined in schedules I through V of §?202 of the controlled substances act. See Rhode Island General Laws 42-87-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Examination: means an examination approved by the department in consultation with the board. See Rhode Island General Laws 5-40-1
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental authority: means any department, agency, commission, committee, board, council, bureau or authority or any subdivision of state or municipal government. See Rhode Island General Laws 42-80.1-2
• 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.
• illegal use of drugs: means the use of drugs, the possession or distribution of which is unlawful under the controlled substances act (Rhode Island General Laws 42-87-1
• 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
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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.
• 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}
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• License: means a license issued by the department to practice physical therapy. See Rhode Island General Laws 5-40-1
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• magistrate: may be construed to mean a justice, or a clerk acting as a justice, of a district court. See Rhode Island General Laws 43-3-16
• Major life activities: include , but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. See Rhode Island General Laws 42-87-1
• 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.
• ordinary eyeglasses or contact lenses: means lenses that are intended to fully correct visual acuity or eliminate refractive error; and

  (ii)  The term "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image. See Rhode Island General Laws 42-87-1

• 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.
• Party: means any individual whose net worth is less than five hundred thousand dollars ($500,000) at the time the adversary adjudication was initiated; and, any individual, partnership, corporation, association, or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employs one hundred (100) or fewer persons at the time the adversary adjudication was initiated. See Rhode Island General Laws 42-92-2
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Physical therapist: means an individual who is licensed by the department to practice physical therapy. See Rhode Island General Laws 5-40-1
• Physical therapist assistant: means an individual who is licensed by the department to assist in the practice of physical therapy under the supervision of a physical therapist. See Rhode Island General Laws 5-40-1
• Physical therapy: means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter. See Rhode Island General Laws 5-40-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Practice of physical therapy: means :

  (i)(A)  Examination, evaluation, treatment, and instruction of patients/clients to detect, assess, prevent, correct, alleviate, and limit physical disability, physical dysfunction, and pain from injury, disease, and any other bodily conditions;

  (B)  Administration, interpretation, and evaluation of tests and measurements of bodily functions and structures;

  (C)  The planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventive and therapeutic purposes;

  (D)  The provision of consultative, educational, and other advisory services for the purpose of reducing the incidence and severity of physical disability, physical dysfunction, and pain; and

  (E)  Ordering diagnostic imaging and studies that are performed and interpreted by other licensed healthcare professionals pursuant to the provisions of § 5-40-23. See Rhode Island General Laws 5-40-1

• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Qualified individual: means :

  (i)  With respect to employment, a person who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. See Rhode Island General Laws 42-87-1

• Quorum: The number of legislators that must be present to do business.
• Readily achievable: means easily accomplishable and able to be carried out without much difficulty or expense. See Rhode Island General Laws 42-87-1.1
• 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}
• 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.
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• 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.
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Substantial justification: means that the initial position of the agency, as well as the agency's position in the proceedings, has a reasonable basis in law and fact. See Rhode Island General Laws 42-92-2
• Substantially limits: includes :

  (i)  An impairment that substantially limits one major life activity but need not limit other major life activities in order to be considered a disability. See Rhode Island General Laws 42-87-1

• Supervision: means that a licensed physical therapist is at all times responsible for supportive personnel and students. See Rhode Island General Laws 5-40-1
• 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
• 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.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Undue hardship: means :

  (i)  An action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (ii) herein. See Rhode Island General Laws 42-87-1.1

• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8