Terms Used In Rhode Island General Laws > Chapter 23-17.4 - Assisted Living Residence Licensing Act

• Administrator: means any person who has responsibility for day to day administration or operation of an assisted living residence. See Rhode Island General Laws 23-17.4-2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assisted living residence: means a publicly or privately operated residence that provides directly or indirectly by means of contracts or arrangements personal assistance and may include the delivery of limited health services, as defined under subsection (12), to meet the resident's changing needs and preferences, lodging, and meals to six (6) or more adults who are unrelated to the licensee or administrator, excluding however, any privately operated establishment or facility licensed pursuant to chapter 17 of this title, and those facilities licensed by or under the jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, the department of children, youth and families, or any other state agency. See Rhode Island General Laws 23-17.4-2
• Capable of self-preservation: means the physical mobility and judgmental ability of the individual to take appropriate action in emergency situations. See Rhode Island General Laws 23-17.4-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 23-17.4-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Licensing agency: means the Rhode Island department of health. See Rhode Island General Laws 23-17.4-2
• Limited health services: means health services, as ordered by the resident's physician, provided by qualified licensed assisted living staff members with supervision as required in rules and regulations promulgated by the department of health. See Rhode Island General Laws 23-17.4-2
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal assistance: means the provision of one or more of the following services, as required by the resident or as reasonably requested by the resident, on a scheduled or unscheduled basis, including:

  (i)  Assisting the resident with personal needs including activities of daily living;

  (ii)  Assisting the resident with self-administration of medication or administration of medications by appropriately licensed staff;

  (iii)  Providing or assisting the resident in arranging for health and supportive services as may be reasonably required;

  (iv)  Monitoring the activities of the resident while on the premises of the residence to ensure his or her health, safety, and well-being; and

  (v)  Reasonable recreational, social and personal services. See Rhode Island General Laws 23-17.4-2

• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Qualified licensed assisted living staff members: means a certified nursing assistant as provided under § 23-17. See Rhode Island General Laws 23-17.4-2
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Resident: means an individual not requiring medical or nursing care as provided in a healthcare facility but who as a result of choice and/or physical or mental limitation requires personal assistance, lodging and meals and may require the administration of medication and/or limited health services. See Rhode Island General Laws 23-17.4-2
• Supervision: means the supervision requirements of qualified licensed assisted living staff delivering limited health services in accordance with this chapter, as defined through rules and regulations promulgated by the department of health. See Rhode Island General Laws 23-17.4-2
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.