Terms Used In Rhode Island General Laws > Chapter 5-54 - Physician Assistants

• Accumulated contributions: means the sum of all amounts deducted from the compensation of a member and credited to his or her individual account in the members' contribution reserve account. See Rhode Island General Laws 45-21-2
• Active member: means any employee of a participating municipality as defined in this section for whom the retirement system is currently receiving regular contributions pursuant to §§?45-21-41, 45-21-41. See Rhode Island General Laws 45-21-2
• Actuarial reserve: means the present value of all payments to be made on account of any annuity, retirement allowance, or benefit, computed upon the basis of mortality tables adopted by the retirement board with regular interest. See Rhode Island General Laws 45-21-2
• Administrator: means the administrator, division of professional regulation. See Rhode Island General Laws 5-54-2
• 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.
• 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.
• 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.
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• annuity: means the amounts paid to any member of the municipal employees' retirement system of the state of Rhode Island, or a survivor of the member, as provided in this chapter. See Rhode Island General Laws 45-21-2
• 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.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Balanced budget: A budget in which receipts equal outlays.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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}
• Beneficiary: means any person in receipt of a retirement allowance, annuity, or other benefit as provided by this chapter. See Rhode Island General Laws 45-21-2
• Board: means the board of licensure of physician assistants. See Rhode Island General Laws 5-54-2
• board: means the state retirement board created by chapter 8 of Title 36. See Rhode Island General Laws 45-21-2
• Budget commission: means the budget and review commission established under § 45-9-5 and § 45-9-6. See Rhode Island General Laws 45-9-2
• Cannabis control commission: means the entity established as set forth in Rhode Island General Laws 44-70-1
• Charter: means the home rule charter or the legislative charter of any city, town, or fire district. See Rhode Island General Laws 45-9-2
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Collaboration: means the physician assistant shall, as indicated by the patient's condition, the education, competencies, and experience of the physician assistant, and the standards of care, consult with or refer to an appropriate physician or other healthcare professional. See Rhode Island General Laws 5-54-2
• 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.
• Decedent: A deceased person.
• 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.
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the director of the department of health. See Rhode Island General Laws 5-54-2
• Director of revenue: means the director of the department of revenue. See Rhode Island General Laws 45-9-2
• Disability: means a condition of physical incapacity to perform any assigned duty or duties in the fire department. See Rhode Island General Laws 45-19.1-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the division of professional regulation, department of health. See Rhode Island General Laws 5-54-2
• Division of municipal finance: means the division of municipal finance in the department of revenue or any successor department or agency. See Rhode Island General Laws 45-9-2
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Effective date of participation: means the date on which the provisions of this chapter have become applicable to a municipality accepting the provisions of the chapter in the manner stated in §?45-21-4. See Rhode Island General Laws 45-21-2
• Elected chief executive officer: means , in cities and towns having a popularly elected chief executive officer, the popularly elected chief executive officer, and in cities and towns where there is no popularly elected chief executive officer, the president of the city or town council. See Rhode Island General Laws 45-9-2
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Employee: means any regular and permanent employee or officer of any municipality, whose business time at a minimum of twenty (20) hours a week is devoted to the service of the municipality, including elective officials and officials and employees of city and town housing authorities. See Rhode Island General Laws 45-21-2
• employee: means any regular and permanent police official or officer and any regular and permanent fire fighter. See Rhode Island General Laws 45-21.2-2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fiduciary: A trustee, executor, or administrator.
• final compensation: means the average of the highest five (5) consecutive years of compensation within the total service when the final compensation was the highest. See Rhode Island General Laws 45-21-2
• final compensation: means for members who retire on or prior to June 30, 2012, the average annual compensation, pay or salary of a member for services rendered during the period of three (3) consecutive years within the total service of the member when that average was highest. See Rhode Island General Laws 45-21.2-2
• Fire department: means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from any fire or disaster. See Rhode Island General Laws 45-19.1-2
• Fire district budget: means the fiscal-year operating budget of the fire district. See Rhode Island General Laws 45-9-2
• Firefighter: means an individual, paid or volunteer, who is a member of a fire department or a city, town, or fire district emergency medical services unit and is required to respond to alarms and performs emergency action. See Rhode Island General Laws 45-19.1-2
• Fiscal overseer: means the financial overseer appointed under § 45-9-3. See Rhode Island General Laws 45-9-2
• 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 period beginning on July 1 in any year and ending on June 30 of the next succeeding year. See Rhode Island General Laws 45-21-2
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General treasurer: means the general treasurer of the state. See Rhode Island General Laws 45-9-2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means any and all bodies empowered to appropriate monies for, and administer the operation of, the units as defined in subdivision (1) of this section. See Rhode Island General Laws 45-21-2
• 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.
• 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
• Income: means the most recent estimate of per-capita income for a city, town or county as reported by the United States Department of Commerce, Bureau of the Census. See Rhode Island General Laws 45-13-1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• justice of the peace: include warden of the peace and the words "district court" include warden's court. See Rhode Island General Laws 43-3-14
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local cannabis excise tax: means the tax set forth in § 44-70-3. See Rhode Island General Laws 44-70-1
• 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
• Member: means any person included in the membership of the retirement system as provided in §?45-21-8. See Rhode Island General Laws 45-21-2
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal budget: means the fiscal-year operating budget of the city, town, or fire district, inclusive of the school department budget and all other departments. See Rhode Island General Laws 45-9-2
• Municipality: means any town or city in the state of Rhode Island, any city or town housing authority, fire, water, sewer district, regional school district, public building authority as established by chapter 14 of Title 37, or any other municipal financed agency to which the retirement board has approved admission in the retirement system. See Rhode Island General Laws 45-21-2
• Oath: A promise to tell the truth.
• oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
• 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.
• Occupational cancer: means a cancer arising out of the person's employment as a firefighter, due to injury from exposures to smoke, fumes, or carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in the fire department. See Rhode Island General Laws 45-19.1-2
• Officer: means the chief administrative and financial officer appointed under § 45-9-10 after abolition of a fiscal overseer or a budget commission or a receiver in a city, town, or fire district. See Rhode Island General Laws 45-9-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating municipality: means any municipality which has accepted this chapter, as provided in §?45-21-4. See Rhode Island General Laws 45-21-2
• 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
• Personal property: All property that is not real property.
• Physician: means a person licensed under the provisions of chapter 29 or 37 of this title. See Rhode Island General Laws 5-54-2
• Population: means the most recent estimates of population for each city and town as reported by the United States Department of Commerce, Bureau of the Census. See Rhode Island General Laws 45-13-1
• Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
• Prior service: means service as a member rendered before the effective date of participation as defined in this section, certified on his or her prior service certificate, and allowable as provided in §?45-21-15. See Rhode Island General Laws 45-21-2
• Probate: Proving a will
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiver: means the receiver appointed pursuant to § 45-9-7 or § 45-9-8. See Rhode Island General Laws 45-9-2
• Reference year: means the second fiscal year preceding the beginning of the fiscal year in which the distribution of state aid to cities and towns is made provided however that the reference year for distributions made in fiscal year 2007-2008 shall be the third fiscal year preceding the beginning of the fiscal year 2007-2008 and provided further that the reference year for distributions made in fiscal year 2008-2009 shall be the fourth fiscal year preceding the beginning of the fiscal year 2008-2009. See Rhode Island General Laws 45-13-1
• Regular interest: means interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the retirement board. See Rhode Island General Laws 45-21-2
• 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.
• Retirement system: means the "municipal employees' retirement system of the state of Rhode Island" as defined in §?45-21-32. See Rhode Island General Laws 45-21-2
• School committee: means the school committee of the city or town, but shall not mean, or include, a regional school district committee. See Rhode Island General Laws 45-9-2
• 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
• Service: means service as an employee of a municipality of the state of Rhode Island as defined in subdivision (7). See Rhode Island General Laws 45-21-2
• 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.
• State aid: means the funds made available to cities and towns:

  (i)  As state aid pursuant to chapter 13 of Title 45, but specifically excluding reimbursements to cities and towns for the cost of state mandates pursuant to § 45-13-9;

  (ii)  As school operations aid provided for in § 16-7-5 — Rhode Island General Laws 45-9-2

• State cannabis excise tax: means the tax set forth in § 44-70-2. See Rhode Island General Laws 44-70-1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
• Tax effort: means the total taxes imposed by a city or town for public purposes or the totals of those taxes for the cities or towns within a county (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay) determined by the United States Secretary of Commerce for general statistical purposes and adjusted to exclude amounts properly allocated to education expenses. See Rhode Island General Laws 45-13-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total service: means prior service as defined in subdivision (15) plus service rendered as a member on or after the effective date of participation. See Rhode Island General Laws 45-21-2
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Unprofessional conduct: includes , but is not limited to, the following items or any combination and may be defined by regulations established by the board with prior approval of the director:

  (i)  Fraudulent or deceptive procuring or use of a license;

  (ii)  Representation of himself or herself as a physician;

  (iii)  Conviction of a felony; conviction of a crime arising out of the practice of medicine. See Rhode Island General Laws 5-54-2

• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.