§ 5-10-1 Definitions
§ 5-10-2 Creation of division of professional regulation and board of barbering and hairdressing — Powers and duties
§ 5-10-3 Board of barbering and hairdressing — Appointments — Organization — Removal of members
§ 5-10-4 Board of barbering and hairdressing — Compensation of members
§ 5-10-6 Meetings of board — Time and notice of examinations
§ 5-10-7 License required for practice
§ 5-10-8 Issuance of licenses — Qualifications of applicants
§ 5-10-9 Classes of licenses
§ 5-10-9.1 License portability
§ 5-10-10 Application form — Fee — Expiration and renewal of licenses — Fees
§ 5-10-11 Persons licensed in other states
§ 5-10-15 Licensing of shops
§ 5-10-16 Application of zoning laws
§ 5-10-19 Application forms
§ 5-10-20 Electrolysis not permitted by license
§ 5-10-21 Advertising
§ 5-10-23 Fixed place of business
§ 5-10-25 Inspection powers of the division — Denial of access
§ 5-10-26 Revocation or suspension of license, permit, or certificate
§ 5-10-27 Reinstatement after revocation or suspension
§ 5-10-28 Appeals
§ 5-10-29 Persons exempt from chapter
§ 5-10-30 Penalty for violations
§ 5-10-31 Prosecution of violations
§ 5-10-32 Enforcement of chapter — Annual reports
§ 5-10-33 Payment of fees
§ 5-10-35 Severability
§ 5-10-36 Receipts
§ 5-10-39 Demonstrator’s permit

Terms Used In Rhode Island General Laws > Chapter 5-10

  • Actuary: means a person who is a member in good standing of the American Academy of Actuaries;

    (2) "Controlling person" means any person, firm, association, or corporation who directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of the reinsurance intermediary;

    (3) "Insurer" means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of the insurance law as an insurer;

    (4) "Licensed producer" means an agent, broker, or reinsurance intermediary licensed pursuant to the applicable provisions of this title. See Rhode Island General Laws 27-52-2.

  • Affiliated company: means any corporation controlled by or an affiliate of a parent, an industrial insured, or a member organization by virtue of common ownership, control, operation, or management;

    (2) "Association" means any association of individuals, corporations, partnerships, or associations that has a separate legal existence, the member organizations of which collectively:

    (i) Own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurance company; or

    (ii) Have complete voting control over an association captive insurance company incorporated as a mutual insurance company;

    (3) "Association captive insurance company" means any company that insures risks of the member organizations of the association, and their affiliated companies;

    (4) "Captive insurance company" means any subsidiary captive insurance company, association captive insurance company, or industrial insured captive insurance company formed or licensed under the provisions of this chapter, including a captive insurance company that is organized as a protected cell company under the Protected Cell Companies Act, chapter 64 of this title;

    (5) "Commissioner" means the director of the department of business regulation;

    (6) "Industrial insured" means an insured:

    (i) Who procures the insurance of any risk or risks by use of the services of a full-time employee acting as an insurance manager or buyer;

    (ii) Whose aggregate annual premiums for insurance on all risks total at least twenty-five thousand dollars ($25,000); and

    (iii) Who has at least twenty-five (25) full-time employees;

    (7) "Industrial insured captive insurance company" means any company that insures risks of the industrial insured that comprise the industrial insured group, and their affiliated companies;

    (8) "Industrial insured group" means any group that meets either of the following criteria:

    (i) Any group of industrial insured that collectively: (A) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated as a stock insurance company, or (B) have complete voting control over an industrial insured captive insurance company incorporated as a mutual insurance company; or

    (ii) Any group which is created under 15 U. See Rhode Island General Laws 27-43-1.

  • Affordable Care Act: means the federal Patient Protection and Affordable Care act of 2010, as amended by the federal Health Care and Education Reconciliation Act of 2010, and federal regulations adopted thereunder;

    (c) "Commissioner" or "health insurance commissioner" means that individual appointed pursuant to § 42-14. See Rhode Island General Laws 27-41-2.

  • Alien insurance company: means any insurance company incorporated or organized under the laws of any country other than the United States. See Rhode Island General Laws 27-59-1.
  • Apprentice barber: means an employee whose principal occupation is service with a barber who has held a current license as a barber for at least three (3) years with a view to learning the art of barbering, as defined in subdivision (15) of this section. See Rhode Island General Laws 5-10-1.
  • Barber: means any person who shaves or trims the beard; waves, dresses, singes, shampoos, or dyes the hair; or applies hair tonics, cosmetic preparations, antiseptics, powders, oil clays, or lotions to scalp, face, or neck of any person; or cuts the hair of any person; gives facial and scalp massages; or treatments with oils, creams, lotions, or other preparations. See Rhode Island General Laws 5-10-1.
  • Board: means the state board of barbering and hairdressing as provided for in this chapter. See Rhode Island General Laws 5-10-1.
  • Business of insurance: means the writing of insurance or the reinsuring of risks by an insurer, including acts necessary or incidental to writing insurance or reinsuring risks and the activities of persons who act as or are officers, directors, agents or employees of insurers, or who are other persons authorized to act on their behalf. See Rhode Island General Laws 27-54.1-1.
  • Commissioner: means the director of the department of business regulation or his or her designee or the division of insurance. See Rhode Island General Laws 27-54.1-1.
  • Commissioner: means the director of the department of business regulation. See Rhode Island General Laws 27-59-1.
  • Commissioner: means the director of the department of business regulation. See Rhode Island General Laws 27-64-3.
  • covered benefits: means coverage or benefits for the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body including coverage or benefits for transportation primarily for and essential thereto, and including medical services as defined in R. See Rhode Island General Laws 27-41-2.
  • Covered health services: means the services that a health maintenance organization contracts with enrollees and enrolled groups to provide or make available to an enrolled participant. See Rhode Island General Laws 27-41-2.
  • Department: means the Rhode Island department of health. See Rhode Island General Laws 5-10-1.
  • Director: means the director of the department of business regulation or his or her duly appointed agents. See Rhode Island General Laws 27-41-2.
  • Division: means the division of professional regulation within the department of health. See Rhode Island General Laws 5-10-1.
  • Domestic insurer: means an insurance or reinsurance company domiciled in the state or a captive insurance or reinsurance company domiciled in the state. See Rhode Island General Laws 27-64-3.
  • Elective surgical procedure: means any non-emergency surgical procedure that may be scheduled at the convenience of the patient or the surgeon without jeopardizing the patient's life or causing serious impairment to the patient's bodily functions;

    (2) "Eligible physician" means a physician licensed to practice medicine and surgery who holds the rank of diplomate of an American board (M. See Rhode Island General Laws 27-39-1.

  • Employee: means any person who has entered into the employment of or works under a contract of service or apprenticeship with any employer. See Rhode Island General Laws 27-41-2.
  • Employer: means any person, partnership, association, trust, estate, or corporation, whether foreign or domestic, or the legal representative, trustee in bankruptcy, receiver, or trustee of a receiver, or the legal representative of a deceased person, including the state of Rhode Island and each city and town in the state, which has in its employ one or more individuals during any calendar year. See Rhode Island General Laws 27-41-2.
  • Enrollee: means an individual who has been enrolled in a health maintenance organization. See Rhode Island General Laws 27-41-2.
  • Esthetician: means a person who engages in the practice of esthetics, and is licensed as an esthetician. See Rhode Island General Laws 5-10-1.
  • Esthetics: means the practice of cleansing, stimulating, manipulating, and beautifying skin, including, but not limited to, the treatment of such skin problems as dehydration, temporary capillary dilation, excessive oiliness, and clogged pores. See Rhode Island General Laws 5-10-1.
  • Evidence of coverage: means any certificate, agreement, or contract issued to an enrollee setting out the coverage to which the enrollee is entitled. See Rhode Island General Laws 27-41-2.
  • Fraudulent insurance act: means an act or omission committed by a person who, knowingly and with intent to defraud, commits, or conceals any material information concerning, one or more of the following:

    (i) Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support of or concerning a fact material to one or more of the following:

    (A) An application for the issuance or renewal of an insurance policy or reinsurance contract;

    (B) The rating of an insurance policy or reinsurance contract;

    (C) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract;

    (D) Premiums paid on an insurance policy or reinsurance contract;

    (E) Payments made in accordance with the terms of an insurance policy or reinsurance contract;

    (F) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction;

    (G) The financial condition of an insurer or reinsurer;

    (H) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of this state by an insurer or reinsurer;

    (I) The issuance of written evidence of insurance; or

    (J) The reinstatement of an insurance policy;

    (ii) Solicitation of acceptance of new or renewal insurance risks on behalf of an insurer, reinsurer or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction;

    (iii) Removal, concealment, alteration or destruction of the assets or records of an insurer, reinsurer or other person engaged in the business of insurance;

    (iv) Willful embezzlement, abstracting, purloining, or conversion of monies, funds, premiums, credits or other property of an insurer, reinsurer or person engaged in the business of insurance;

    (v) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority or other legal authority for the transaction of the business of insurance; or

    (vi) Attempt to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this subsection. See Rhode Island General Laws 27-54.1-1.

  • Fully funded: means that, with respect to any exposure attributed to a protected cell, the fair value of the protected cell assets, on the date on which the insurance securitization is effected, equals or exceeds the maximum possible exposure attributable to the protected cell with respect to those exposures. See Rhode Island General Laws 27-64-3.
  • General account: means the assets and liabilities of a protected cell company other than protected cell assets and protected cell liabilities. See Rhode Island General Laws 27-64-3.
  • Grandfathered health plan: means any group health plan or health insurance coverage subject to 42 U. See Rhode Island General Laws 27-41-2.
  • Group health insurance coverage: means , in connection with a group health plan, health insurance coverage offered in connection with such plan. See Rhode Island General Laws 27-41-2.
  • Group health plan: means an employee welfare benefit plan as defined in 29 U. See Rhode Island General Laws 27-41-2.
  • Hair design shop: means a shop licensed under this chapter to do barbering or hairdressing/cosmetology, or both, to any person. See Rhode Island General Laws 5-10-1.
  • Hairdresser and cosmetician: means any person who arranges, dresses, curls, cuts, waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any person, either with or without compensation, or who, by the use of the hands or appliances, or of cosmetic preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or without compensation, in massaging, cleansing, stimulating, manipulating, exercising, or beautifying, or in doing similar work upon the neck, face, or arms, or who removes superfluous hair from the body of any person. See Rhode Island General Laws 5-10-1.
  • Health care facility: means an institution providing health care services or a health care setting, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health settings. See Rhode Island General Laws 27-41-2.
  • Health care professional: means a physician or other health care practitioner licensed, accredited or certified to perform specified health care services consistent with state law. See Rhode Island General Laws 27-41-2.
  • Health care services: means any services included in the furnishing to any individual of medical, podiatric, or dental care, or hospitalization, or incident to the furnishing of that care or hospitalization, and the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability. See Rhode Island General Laws 27-41-2.
  • Health insurance carrier: means a person, firm, corporation or other entity subject to the jurisdiction of the commissioner under this chapter, and includes a health maintenance organization. See Rhode Island General Laws 27-41-2.
  • Health insurers: as used in this chapter includes all persons, firms, corporations, or other organizations offering and assuring health services on a prepaid or primarily expense incurred basis, including, but not limited to, policies of accident or sickness insurance, as defined by chapter 18 of this title, except for supplemental policies which only provide coverage for specified diseases, or other supplemental policies, nonprofit hospital or medical service plans, whether organized under chapter 19 or 20 of this title or under any public law or by special act of the general assembly, health maintenance organizations, and any other entity, which insures or reimburses for diagnostic, therapeutic, or preventive services to a determined population on the basis of a periodic premium;

    (2) "Pediatric preventive care" means those services recommended by the committee on practice and ambulatory medicine of the American academy of pediatrics when delivered, supervised, prescribed, or recommended by a physician and rendered to a child from birth through age nineteen (19); and

    (3) "School policy" means a policy of accident and sickness insurance, as defined in § 27-18-1, providing coverage for a minor child only and issued by or through the school attended by the child. See Rhode Island General Laws 27-38.1-1.

  • Health maintenance organization: means a single public or private organization which:

    (1) Provides or makes available to enrolled participants health care services, including at least the following basic health care services: usual physician services, hospitalization, laboratory, x-ray, emergency, and preventive services, and out of area coverage, and the services of licensed midwives;

    (2) Is compensated, except for copayments, for the provision of the basic health care services listed in subdivision (1) of this subsection to enrolled participants on a predetermined periodic rate basis; and

    (3)(i) Provides physicians' services primarily:

    (A) Directly through physicians who are either employees or partners of the organization; or

    (B) Through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice basis;

    (ii) "Health maintenance organization" does not include prepaid plans offered by entities regulated under chapter 1, 2, 19, or 20 of this title that do not meet the criteria above and do not purport to be health maintenance organizations;

    (4) Provides the services of licensed midwives primarily:

    (i) Directly through licensed midwives who are either employees or partners of the organization; or

    (ii) Through arrangements with individual licensed midwives or one or more groups of licensed midwives organized on a group practice or individual practice basis. See Rhode Island General Laws 27-41-2.

  • 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.
  • Instructor: means any person licensed as an instructor under the provisions of this chapter. See Rhode Island General Laws 5-10-1.
  • Insurance: means a contract or arrangement in which one undertakes to:

    (i) Pay or indemnify another as to loss from certain contingencies called "risks" including through reinsurance;

    (ii) Pay or grant a specified amount or determinable benefit to another in connection with ascertainable risk contingencies;

    (iii) Pay an annuity to another; or

    (iv) Act as surety. See Rhode Island General Laws 27-54.1-1.

  • Insurer: means a person entering into arrangements or contracts of insurance or reinsurance and who agrees to perform any of the acts set forth in subdivision (4) of this section or fraternal benefit societies, medical and hospital service corporations, dental service corporations and/or health maintenance organizations. See Rhode Island General Laws 27-54.1-1.
  • Licensed midwife: means any midwife licensed pursuant to § 23-13-9. See Rhode Island General Laws 27-41-2.
  • Manicurist: means any person who engages in manicuring for compensationand is duly licensed as a manicurist. See Rhode Island General Laws 5-10-1.
  • Material modification: means only systemic changes to the information filed under § 27-41-3. See Rhode Island General Laws 27-41-2.
  • Member organization: means any individual, corporation, partnership, or association that belongs to an association;

    (10) "Parent" means a corporation, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty percent (50%) of the outstanding voting securities of a subsidiary captive insurance company;

    (11) "Personal lines of insurance" means personal motor vehicle, homeowner's insurance coverage, health insurance, life insurance, worker's compensation, residential fire insurance, or any component of them; and

    (12) "Subsidiary captive insurance company" means any company that insures risks of its parent and affiliated companies. See Rhode Island General Laws 27-43-1.

  • oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11.
  • Office of the health insurance commissioner: means the agency established under § 42-14. See Rhode Island General Laws 27-41-2.
  • Pediatric preventive care: means those services recommended by the committee on practice and ambulatory medicine of the American academy of pediatrics when delivered, supervised, prescribed, or recommended by a physician and rendered to a child from birth through age nineteen (19); and

    (3) "School policy" means a policy of accident and sickness insurance, as defined in § 27-18-1, providing coverage for a minor child only and issued by or through the school attended by the child. See Rhode Island General Laws 27-38.1-1.

  • person: extends to and includes co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6.
  • Person: means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, or any similar entity or any combination of the foregoing. See Rhode Island General Laws 27-54.1-1.
  • Physician: includes podiatrist as defined in chapter 29 of title 5. See Rhode Island General Laws 27-41-2.
  • practice of barbering: means the engaging by any licensed barber in all, or any combination of, the following practices: shaving or trimming the beard or cutting the hair; giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck. See Rhode Island General Laws 5-10-1.
  • practice of hairdressing and cosmetic therapy: means the engaging by any licensed hairdresser and cosmetician in any one or more of the following practices: the application of the hands or of mechanical or electrical apparatus, with or without cosmetic preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate, manipulate, exercise, or otherwise to improve or to beautify the scalp, face, neck, shoulders, arms, bust, or upper part of the body; or the manicuring of the nails of any person; or the removing of superfluous hair from the body of any person; or the arranging, dressing, curling, waving, weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair of any person. See Rhode Island General Laws 5-10-1.
  • practice of manicuring: means the cutting, trimming, polishing, tinting, coloring, or cleansing the nails of any person. See Rhode Island General Laws 5-10-1.
  • Private organization: means a legal corporation with a policy making and governing body. See Rhode Island General Laws 27-41-2.
  • Protected cell: means an identified pool of assets and liabilities of a protected cell company segregated and insulated by means of this Act from the remainder of the protected cell company's assets and liabilities. See Rhode Island General Laws 27-64-3.
  • Protected cell account: means a specifically identified bank or custodial account established by a protected cell company for the purpose of segregating the protected cell assets of one protected cell from the protected cell assets of other protected cells and from the assets of the protected cell company's general account. See Rhode Island General Laws 27-64-3.
  • Protected cell assets: means all assets, contract rights, and general intangibles, identified with and attributable to a specific protected cell of a protected cell company. See Rhode Island General Laws 27-64-3.
  • Protected cell company: means a domestic insurer that has one or more protected cells. See Rhode Island General Laws 27-64-3.
  • Protected cell company insurance securitization: means the issuance of debt instruments, the proceeds from which support the exposures attributed to the protected cell, by a protected cell company, where repayment of principal and/or interest to investors pursuant to the transaction terms is contingent upon the occurrence or nonoccurrence of an event with respect to which the protected cell company is exposed to loss under insurance or reinsurance contracts it has issued. See Rhode Island General Laws 27-64-3.
  • Protected cell liabilities: means all liabilities and other obligations identified with and attributable to a specific protected cell of a protected cell company. See Rhode Island General Laws 27-64-3.
  • provider: means a health care professional or a health care facility. See Rhode Island General Laws 27-41-2.
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10.
  • Receiver: means the commissioner, where the commissioner is acting as a rehabilitator, liquidator, or administrative supervisor of a company, or any person appointed to carry out an order of rehabilitation or liquidation of a company. See Rhode Island General Laws 27-64-3.
  • Reinsurance: means a contract, binder of coverage (including placement slip) or arrangement under which an insurer procures insurance for itself in another insurer as to all or part of an insurance risk of the originating insurer. See Rhode Island General Laws 27-54.1-1.
  • Reinsurance intermediary: means a reinsurance intermediary broker or a reinsurance intermediary manager as these terms are defined in subdivisions (7) and (8) of this section, but shall not mean an intermediary in an insurance securitization or reinsurance transaction with a protected cell established by a protected cell company organized under the Protected Cell Companies Act, chapter 64 of this title, as those terms are defined or utilized in that Act;

    (7) "Reinsurance intermediary broker" (RB) means any person, other than an officer or employee of the ceding insurer, firm, association, or corporation who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of the insurer;

    (8) "Reinsurance intermediary manager" (RM) means any person, firm, association, or corporation who has authority to bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office, and acts as an agent for the reinsurer which is known as a RM, manager, or other similar term. See Rhode Island General Laws 27-52-2.

  • Reinsurer: means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of this title as an insurer with the authority to assume reinsurance; and

    (10) "To be in violation" means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with the provisions of this chapter. See Rhode Island General Laws 27-52-2.

  • Rescission: means a cancellation or discontinuance of coverage that has retroactive effect for reasons unrelated to timely payment of required premiums or contribution to costs of coverage. See Rhode Island General Laws 27-41-2.
  • risk manager: means a full-time employee of, or a person certified and licensed and retained by, an exempt commercial policyholder who is qualified through: (1) education and experience; or (2) training and experience; to assess an exempt commercial policyholder's insurance needs and analyze and negotiate a policy of insurance and having primary responsibility or oversight of the risk management activities/function of an exempt commercial policyholder. See Rhode Island General Laws 27-65-2.
  • School: means a school approved under chapter 40 of title 16, as amended, devoted to the instruction in, and study of, the theory and practice of barbering, hairdressing, and cosmetic therapy, esthetics, and/or manicuring. See Rhode Island General Laws 5-10-1.
  • Second surgical opinion: means an opinion of an eligible physician based on that physician's examination of a person for the purpose of evaluating the medical advisability of that person undergoing an elective surgical procedure. See Rhode Island General Laws 27-39-1.
  • Total adjusted capital: means the sum of:

    (1) A health maintenance organization's statutory capital and surplus (i. See Rhode Island General Laws 27-41-2.

  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9.
  • Uncovered expenditures: means the costs of health care services that are covered by a health maintenance organization, but that are not guaranteed, insured, or assumed by a person or organization other than the health maintenance organization. See Rhode Island General Laws 27-41-2.
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8.