216-40-10 R.I. Code R. § 25.3

Current through June 12, 2024

Section 216-RICR-40-10-25.3 - Licensing Procedures

25.3.1General Requirements for Licensure

A. No person or governmental unit acting severally or jointly with any other person or governmental unit shall establish, conduct, maintain or operate or hold itself out as a Harm Reduction Center in Rhode Island without a license in accordance with the requirements of R.I. Gen. Laws Chapter 23-12.10 and this Part.

B. Each Harm Reduction Center application shall specify the licensed capacity within the Center.

C. Proposed changes in Center licensed capacity shall be submitted in writing to the Department and shall be subject to the approval of the Department.

D. Notwithstanding the requirements of § 25.3 of this Part, an entity licensed as a Harm Reduction Center in Rhode Island, may provide services at other premises or by use of Temporary Service Sites operated by that licensed Harm Reduction Center, without the requirement of a separate Harm Reduction Center license for such other locations.

E. Each premises or Temporary Service Site proposed for addition to a Harm Reduction Center license pursuant to § 25.3.6 of this Part shall be approved by the Department prior to the inclusion of that premises or Temporary Service Site on the Harm Reduction Center license and commencement of operations at such location.

F. Each premises, Mobile Unit, or Short-term Unit of a licensed Harm Reduction Center shall comply with all pertinent provisions of this Part consistent with the scope of services provided.

25.3.2Application for License, Initial License or Changes in Owner, Operator, or Lessee

A. Application for a license to conduct, maintain or operate a Harm Reduction Center shall be made to the Department upon provided forms, and shall contain such information as the Department reasonably requires, including but not limited to evidence of ability to comply with this Part.

1. Each Harm Reduction Center shall establish and maintain a center specific electronic mail address (i.e., e-mail address) and physical mail address to be provided to the Department for the purposes of contacting the Harm Reduction Center with both routine communications and emergency notices. The Harm Reduction Center shall be responsible for providing notice to the Department at any time that the Center's specific electronic mail address or physical mail address is changed or updated.

B. A listing of names and addresses of direct and indirect owners whether individual, partnership or corporation with percentages of ownership designated shall be provided with the application for licensure and shall be updated annually. The list shall also include all Officers, Directors and other persons or any subsidiary corporation owning stock, if the Center is organized as a corporation, and all partners if the Center is organized as a partnership. If the Center is organized as a not-for-profit corporation, the list shall include the names of all Officers and Directors of the non-profit corporation.

C. When a change of ownership or operation or location of a Harm Reduction Center is planned or when discontinuation of services is contemplated, the Department shall be given written notice of pending changes within thirty (30) days of such pending changes.

D. A license shall immediately expire and become void and shall be returned to the Department when operation of a Harm Reduction Center is discontinued or when any changes in ownership occur.

E. Prior to operating under a new owner or operator, the Harm Reduction Center shall apply for a new license in accordance with § 25.3.3 of this Part.

F. When there is a change in operation or ownership of the Harm Reduction Center, the Department reserves the right to extend the expiration date of such license, allowing the Harm Reduction Center to operate under the same license which applied to the prior licensee for such time as shall be required for the processing of a new application or reassignment of participants, not to exceed six (6) weeks.

25.3.3Issuance and Renewal of License

A. Upon receipt of an application for license, the Department shall issue a license if the applicant meets the requirements of this Part. Said license, unless sooner suspended or revoked, shall sunset on March 1, 2024.

B. The Harm Reduction Center licensee must submit written documentation of municipal authorization and approval in the form of a copy of the affirmative resolution from the municipal vote with the licensure application. An initial license or additional premises or Temporary Service Site approval will not be issued without written documentation of municipal authorization.

1. Mobile routes must have municipal authorization, such authorization shall also include, but not be limited to:

a. Specific addresses or blocks where the Mobile Unit or Short-term Unit will be operating with specific schedule outlined.

b. If partnering with a property owner, a letter must be obtained agreeing to host the Mobile Unit or Short-term Unit or to operate on their premises, including hours of operation.

2. If the routes/locations change, a municipal designee must be notified prior to the new route/location, and official approval must be obtained as soon as practicable for the new location and/or route. A copy of the affirmative resolution must be submitted to the Department within thirty (30) days.

C. The licensee must develop, in collaboration with local public safety officials, a plan to address public safety and order for the Center. Such plan must be made available to the Department upon request and submitted to the municipality.

D. Prior to issuing a license, RIDOH will conduct an inspection of the Center.

E. A license shall be issued to a specific licensee for a specific premise and/or Temporary Service Site(s) and shall not be transferable. The license shall be issued only for the premises and the individual owner, operator or lessee, or to the corporate entity responsible for its governance.

F. A license issued hereunder shall be the property of the State of Rhode Island loaned to such licensee and it shall be kept posted in a conspicuous place on the licensed premises.

25.3.4Inspections

A. The Department shall make or cause to be made such inspections and investigations as it deems necessary.

B. Every Center shall be given notice within fifteen (15) business days by the Department of any deficiencies reported as a result of an inspection or investigation.

C. A duly authorized representative of the Department shall have the right to enter at any time without prior notice to inspect the entire premises and services, including all records of any Center for which an application has been received or for which a license has been issued. Any application shall constitute permission for and willingness to comply with such inspections.

D. Refusal to permit inspections shall constitute a valid ground for license revocation.

25.3.5Denial, Suspension, Revocation of License, or Curtailment of Activities

A. The Department is authorized to deny, suspend, or revoke the license of or to curtail the activities of any Center that:

1. Failed to comply with the provisions of R.I. Gen. Laws Chapter 23-12.10 and these Regulations promulgated thereunder.

B. Reports of deficiencies noted in inspections conducted in accordance with § 25.3.4 of this Part shall be maintained on file in the Department and shall be considered by the Department in rendering determinations to deny, suspend or revoke the license or to curtail activities of a Center.

C. Whenever an action shall be proposed to deny, suspend or revoke the license of or to curtail the activities of a Center, the Department shall notify the Center by certified mail, setting forth reasons for the proposed action, and the applicant or licensee shall be given an opportunity for a prompt and fair hearing in accordance with R.I. Gen. Laws § 42-35-9 and in accordance with the provisions of § 25.8.3 of this Part.

1. However, if the Department finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the Department may order summary suspension of license or curtailment of activities pending proceedings for revocation or other action in accordance with R.I. Gen. Laws §§ 23-1-21 and 42-35-14(c).

25.3.6Licensing of Mobile Units && Short-Term Units

A. A Harm Reduction Center that only provides service through a mobile unit or Short-term Unit must have a physical address, but services are not required to be provided at the physical address. Existing, physical Harm Reduction Centers must receive prior approval of the Department prior to operating a Mobile Unit or Short-Term Unit.

B. The provider must comply with the following additional requirements and codes for the Mobile Unit. Variances are not permitted for these items:

1. The unit must have a current motor vehicle registration and inspection sticker.

2. The driver of the Mobile Unit shall maintain an appropriate State-issued driver's license in good standing.

3. The provider must obtain and maintain appropriate levels of motor vehicle insurance as recommended by their insurance carrier.

4. Compliance with the Rhode Island State Fire Safety Code as evidence by inspection report from the State Fire Marshal or designee.

5. All electrical material and equipment shall be installed with applicable sections of RISBC- 5, Rhode Island Electrical Code (510-RICR- 00-00-5).

C. Short-term units must comply with Rhode Island State Fire Safety Code as evidence by inspection report from the State Fire Marshal or designee.

D. All electrical material and equipment within short-term units shall be installed with applicable sections of RISBC- 5, Rhode Island Electrical Code (510-RICR- 00-00-5).

216 R.I. Code R. § 216-RICR-40-10-25.3

Adopted effective 2/16/2022