Section 216-RICR-40-10-3.3 - DefinitionsA. Wherever used in this Part the following terms shall be construed as follows: 1. "Act" means R.I. Gen. Laws Chapter 23-17, entitled "Licensing of Health Care Facilities."2. "Ambulatory and urgent health care" means health care services provided to outpatients whose condition does not require emergency medical care as defined herein, by or under the supervision of a physician/dentist licensed in Rhode Island pursuant to R.I. Gen. Laws Chapters 5-37 and 5-31.1 respectively.3. "Change in operator" means a transfer by the governing body or operator of an OACF to any other person (excluding delegations of authority to the medical or administrative staff of the facility) of the governing body's authority to: a. Hire or fire the chief executive officer of the OACF;b. Maintain and control the books and records of the OACF;c. Dispose of assets and incur liabilities on behalf of the OACF; ord. Adopt and enforce policies regarding operation of the OACF.e. The definition is not applicable to circumstances wherein the governing body of an OACF retains the immediate authority and jurisdiction over the activities enumerated in §§ 3.3(A)(3)(a) through (d) of this Part.4. "Change in owner" means: a. In the case of an OACF which is a partnership, the removal, addition or substitution of a partner which results in a new partner acquiring a controlling interest in such partnership;b. In the case of an OACF which is an unincorporated sole proprietorship, the transfer of the title and property to another person;c. In the case of an OACF which is a corporation: (1) A sale, lease, exchange other disposition of all, or substantially all of the property and assets of the corporation; or(2) A merger of the corporation into another corporation; or(3) The consolidation of two or more corporations resulting in the creation of a new corporation; or(4) In the case of an OACF facility which is a business corporation, any transfer of corporate stock which results in a new person acquiring a controlling interest in such corporation; or(5) In the case of an OACF facility which is a non-business corporation, any change in membership which results in a new person acquiring a controlling vote is such corporation.5. "Department" means the Rhode Island Department of Health. The Department is also the "licensing agency" designated pursuant to R.I. Gen. Laws Chapter 23-17.6. "Director" means the Director of the Rhode Island Department of Health.7. "Emergency medical care" means those services provided after the onset of a medical condition that is manifested by symptoms of sufficient severity that, in the absence of immediate medical attention, could reasonably be expected to result in placing health in jeopardy, serious impairment to bodily functions, serious dysfunction of any bodily organ or part, or development or continuance of severe pain.8. "Equity" means non-debt funds contributed towards the capital costs related to an initial licensure or change in owner or change in operator of an OACF which funds are free and clear of any repayment or liens against the assets of the proposed owner and/or licensee and that result in a like reduction in the portion of the capital cost that is required to be financed or mortgaged.9. "Initial licensure" means a review conducted pursuant to the provisions contained in §3.4.5 of this Part.10. "Institution based, non-public premises" means premises where the OACF provides direct care services solely to individuals who are members of a defined institution as determined by the Director.11. "Organized ambulatory care facility" hereinafter referred to as OACF means a structurally distinct public or private health care establishment, institution or facility, primarily constituted, staffed and equipped to deliver ambulatory and urgent health care services as defined herein, to the general public and known by such terms as central service facility, treatment center, diagnostic center, rehabilitation center (outpatient), infirmary, outpatient clinic or health center which is not a part of a hospital, excluding however, OACFs owned and operated by professional service corporations as defined in R.I. Gen. Laws Chapter 7-5.1, (the "Professional Services Corporation Law"), or to a private practitioner's (physician, dentist or other health care provider) office, and/or operated by an individual practitioner, alone or as an member of a partnership, professional service corporation, organization or association), and those health care facilities otherwise licensed by or under the jurisdiction of the Department of Health and/or the Department of Mental Health, Retardation and Hospitals, or other governmental agency.12. "Person" means any individual, trust or estate, partnership, corporation (including associations, joint stock companies), limited liability company, state, or political subdivisions or instrumentally or the state.13. "Premises" means a tract of land and the buildings thereon where direct patient care services are provided.216 R.I. Code R. § 216-RICR-40-10-3.3