Current through September 18, 2024
A. In accordance with R.I. Gen. Laws §
37-2-7(26),
"Architect" shall mean a person who, under the provisions of Chapter
5-1-2, by reason of
his knowledge of the mathematical and physical sciences, and the principles of
architecture and architectural design, acquired by professional education,
practical experience, or both, is qualified to engage in the practice of
architecture as attested by his licensing as an architect in this state.
1. "Practice of architecture" shall mean
rendering or offering to render any of those services normally provided by
practicing architects. The services normally provided may include any of the
following practices or professional services: advice, consultation, evaluation,
site planning, aesthetic design, structural design, and the administration of
construction contracts which require expert knowledge and skill in connection
with the erection, enlargement, or alteration of any building or buildings, or
the provision of equipment or utilities therefore, or accessories thereto,
wherein the safeguarding of life, health, or property is concerned or involved
also constitutes the practice of architecture.
2. "Licensure" as an architect shall mean the
possession of an "architect's stamp" in accordance with Chapter
5-1-1,
which indicates professional certification by the Rhode Island Board of
Examination and Registration of Architects.
B. In accordance with R.I. Gen. Laws §
37-2-7(26),
"consultant", shall mean any person with whom the state and/or a public agency
has a contract which contract provides for the person to give direction or
information as regards [a] particular area of knowledge in which the person is
a specialist and/or has expertise.
C. In accordance with R.I. Gen. Laws §
37-2-7(26),
"Engineer", shall mean a person who, under the provisions of Chapter
5-8-2, by reason of
his special knowledge and use of the mathematical, physical and engineering
sciences and the principles and methods of engineering analysis and design,
acquired by engineering education and engineering experience, is qualified to
practice engineering, as hereinafter defined, and as attested by his
registration as an engineer.
1. "Practice of
Engineering", in accordance with Chapter
5-8-2, shall mean any
service or creative work, the adequate performance of which requires
engineering education, training and experience in the application of special
knowledge of the mathematical, physical and engineering sciences to such
services or creative work as consultation, investigation, evaluation surveys,
planning and design of engineering systems, and the supervision of construction
for the purpose of assuring compliance with specifications; and embracing those
services or work in connection with any public or private utilities,
structures, buildings, machines, equipment, processes, work, or projects
wherein the public welfare or the safeguarding of life, health, or property is
involved or concerned, and including such architectural work as is incidental
to the practice of engineering.
2.
"Professional Engineer" shall mean a person who has been duly registered and
licensed by the state Board of Registration for Professional Engineers and Land
Surveyors.
D. "A
Professional Service Provider" shall mean an independent contractor who is a
specialist and/or has the expertise, as demonstrated by professional licensing
or certification and experience, necessary to carry out tasks regarding that
particular field of expertise.
1.
"Professional service products" shall mean activities which directly implement
programs established by state officials.1. Replace this text with Paragraph 2
(subsection of Paragraph 1)
2.
Professional services shall be characterized by specific activities and/or the
attainment of measurable outcomes.
3. Examples of professional services include:
(1) client services (medical treatments,
hospital staff coverage, counseling, therapy, individual rehabilitation
plans),
(2) legal representation in
litigation and administrative advice (interpretation of law, contracts, etc.),
(3) computer programming,
(4)
education (training, teaching),
(5)
construction management, and arbitration.
4. "Special services" shall mean services
which the state deems necessary or desirable to purchase provided by
individuals or firms possessing special knowledge or skills for which formal
licensing or certification is not necessarily required. Examples of special
services include:
(1) expert witness
testimony,
(2) art, music, and
dance,
(3) interpretation
(languages, deaf),
(4) public
information (drug and alcohol abuse), and
(5) training (foster parenting).
5. "Personal services" shall mean
services provided by persons who are paid directly by the state but are not on
the state payroll. Personal services may consist of the following
relationships:
a. According to R.I. Gen. Laws.
§
37-2-7(10),
"Employee" shall mean an individual drawing a salary from a governmental body
or public agency, whether elected or not, and any non-salaried individual
performing personal services for any governmental body or public
agency.
b. A "leased employee"
shall mean a person hired through a contract with an agency which is
responsible for paying all salary and benefits compensation to which the
individual is entitled. Leased employees would usually be temporary
replacements for, or supplements to, the existing workforce provided on an as
needed basis.
c. An "employee
contractor" shall mean a person on a state or public agency payroll who has
been employed by a state agency in an advisory capacity. (An example of such
employment would be URI professors employed by MHRH to develop policy
analyses.)
d. An "employee service
contractor" shall mean a person on a state or public agency payroll who has
been employed by a state agency in a service capacity. (Examples of such
employment include: Court stenographers employed by DEM to provide transcripts
for public hearings, MHRH staff physicians paid for hospital coverage in
addition to their assigned responsibilities, RIC professors hired by DCF to
provide social worker training.)
E. "A Professional Consultant" shall mean an
individual or a firm which is a specialist and/or has the expertise, as
demonstrated by the possession of appropriate professional licensing,
certification, and/or experience, necessary to give advice, direction or
information regarding that particular area of knowledge.
1. "Professional consultant products" shall
mean advisory opinions expressed as reports, written or oral, used by state
officials to render policy decisions.
2. Consultant services shall be characterized
by research and analysis, recommended courses of action, identification of
priorities, and unspecified outcomes.
3. Examples of professional consultations
include:
(1) systems analysis (computer,
personnel, management review),
(2)
program analysis (medical program planning), and
(3) policy recommendations (abandonment or
adoption of programs, establishment of decision criteria).
F. "Supplemental Services" shall
mean all services performed in a capacity which supplements the basic staffing
of state agencies.