Current through December 26, 2024
Section 216-RICR-60-05-1.2 - DefinitionsA. 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].216 R.I. Code R. 216-RICR-60-05-1.2