Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 60 - Laboratories and Medical Examiner
Subchapter 05 - State Laboratory
Part 1 - Determination of the Amount of Alcohol and/or Drugs in a Person's Blood by Chemical Analysis of the Breath and/or Blood (216-RICR-60-05-1)
Section 216-RICR-60-05-1.2 - Definitions
Universal Citation: 216 RI Code of Rules 60 05 1.2
Current through December 26, 2024
A. Wherever used in this Part, the following terms shall be construed to mean:
1. "Act"
means R.I. Gen. Laws Chapter 31-27, entitled "Motor Vehicle
Offenses."
2. "Chemical test" means
the analysis, or test(s) of a person's blood or breath for determining the
chemical content of the blood or breath using methods of general scientific
acceptance in the field of chemistry pursuant to the provisions of R.I. Gen.
Laws §
31-27-2.1, and administered in
accordance with the requirements of the Act and this Part.
3. "Department" means the Rhode Island
Department of Health.
4. "Director"
means the Director of the Rhode Island Department of Health or his/her duly
authorized agent.
5. "Health care
facility" means any institutional health service provider, facility, or
institution, place, building, agency, or portion thereof, whether a partnership
or corporation, whether public or private, whether organized for profit or not,
used, operated, or engaged in providing health care services, including but not
limited to: hospitals; nursing facilities; home nursing care provider (which
shall include skilled nursing services and may also include activities allowed
as a home care provider or as a nursing service agency); home care provider
(which may include services such as personal care or homemaker services);
rehabilitation centers; kidney disease treatment centers; health maintenance
organizations; free-standing emergency care facilities, and facilities
providing surgical treatment to patients not requiring hospitalization
(surgi-centers); hospice care, and physician ambulatory surgery centers and
podiatry ambulatory surgery centers providing surgical treatment. The term
"health care facility" also includes organized ambulatory care facilities which
are not part of a hospital but which are organized and operated to provide
health care services to outpatients such as central services facilities serving
more than one health care facility or health care provider, treatment centers,
diagnostic centers, outpatient clinics, infirmaries and health centers, school
based health centers and neighborhood health centers. The term "health care
facility" shall not apply to organized ambulatory care facilities owned and
operated by professional service corporations as defined in R.I. Gen. Laws
Chapter 7-51 (the "Professional Service Corporation Law"), or to a private
practitioner's (physician, dentist, or other health care provider) office or
group of the practitioners' offices (whether owned and/or operated by an
individual practitioner, alone or as a member of a partnership, professional
service corporation, organization, or association).
6. "Medical technician" means a person
employed by a hospital, a clinical laboratory, or other health care facility,
who has been authorized by the director of that facility to draw blood. No
civil liability shall be incurred by an authorized person drawing blood for
this Act, or by the agency or institution employing that person, if the
technique followed accepted medical practices.
7. "Preliminary breath tests" means a test
for a chemical analysis of the breath administered in accordance with the Act
and regulatory requirements of this Part for assisting law enforcement officers
in conducting their investigation pursuant to R.I. Gen. Laws §
31-27-2.3.
8. "R.I. Gen. Laws" means the Rhode Island
General Laws.
9. "Target value"
means the ethanol concentration that the standard solutions are designed to
produce during simulation tests.
10. "This Part" mean all parts of the rules
and regulations regarding Determination of the Amount of Alcohol and/or Drugs
in a Person's Blood by Chemical Analysis of the Breath and/or Blood [216-RICR-
60-05-1].
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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