Terms Used In Rhode Island General Laws > Chapter 5-35.2 - Opticians

• Adult with serious mental illness: means a person with serious mental illness, eighteen (18) years or older and not under the jurisdiction of the department of children, youth and families. See Rhode Island General Laws 40.1-5.4-7
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Advisory committee: means the advisory committee of opticianry as established herein. See Rhode Island General Laws 5-35.2-1
• Alternatives to admission or certification: means alternatives to a particular facility or treatment program, and shall include, but not be limited to, voluntary or court-ordered outpatient treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a friend or relative, placement in a nursing home, referral to a community mental health clinic and home health aide services, or any other services that may be deemed appropriate. See Rhode Island General Laws 40.1-5-2
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Audit: means an annual financial accounting of a center's financial situation, conducted by a certified public accountant, within one hundred twenty (120) days from the end of the center's fiscal year, and that includes, for the year reviewed and the immediate preceding year, full financial disclosure of the center's assets, liabilities, fund balances, revenues, and expenditures by program, and a verification of matchable funds for the year reviewed. See Rhode Island General Laws 40.1-8.5-2
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bequest: Property gifted by will.
• Board: means the community mental health board created pursuant to this chapter as the governing body of the community mental health center. See Rhode Island General Laws 40.1-8.5-2
• Care and treatment: means the health services provided on an inpatient or outpatient basis in any facility directly operated by the department. See Rhode Island General Laws 40.1-2-1
• Care and treatment: means psychiatric care, together with such medical, nursing, psychological, social, rehabilitative, and maintenance services as may be required by a patient in association with the psychiatric care provided pursuant to an individualized treatment plan recorded in the patient's medical record. See Rhode Island General Laws 40.1-5-2
• Center: means the community mental health center which is a local, nonprofit entity organized and incorporated pursuant to the laws of the state, governed by a board, and recognized by the department of behavioral healthcare, developmental disabilities and hospitals as the community mental health center for a designated mental health service area. See Rhode Island General Laws 40.1-8.5-2
• Charges: means the full and customary charges for care and treatment in each facility. See Rhode Island General Laws 40.1-2-1
• Community mental health centers: means the eight (8) private, nonprofit agencies established pursuant to § 40. See Rhode Island General Laws 40.1-5.4-7
• 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.
• Cross examine: Questioning of a witness by the attorney for the other side.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health. See Rhode Island General Laws 5-35.2-1
• Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-2-1
• Department: means the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-5-2
• Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-5.4-7
• Department: means the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-8.5-2
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Diagnosis and evaluation: means a process to determine whether and to what extent an individual has a serious mental illness and a study of the individual's condition, situation, and needs that lead to a recommendation of what services, if any, would benefit the individual. See Rhode Island General Laws 40.1-5.4-7
• Director: means the director of the department of health. See Rhode Island General Laws 5-35.2-1
• Director: means the director of the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-5-2
• Director: means the director of the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-8.5-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Facility: means any institutional or other treatment program operated directly by the department. See Rhode Island General Laws 40.1-2-1
• Facility: means any public or private hospital licensed by the Rhode Island department of health that maintains staff and facilities, including inpatient units, for the care and treatment of persons with psychiatric illness, psychiatric disorders, and/or psychiatric disabilities; and in order to operate pursuant to the Mental Health Act as codified in this chapter, such facility and/or inpatient unit must be approved by the director of the department of behavioral healthcare, developmental disabilities and hospitals upon application of such facility and/or inpatient unit, and any of the several community mental health services established pursuant to chapter 8. See Rhode Island General Laws 40.1-5-2
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fiscal year: means the fiscal year used by the state. See Rhode Island General Laws 40.1-8.5-2
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• 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
• Individualized treatment plan: means a written plan, however named, that includes, but shall not be limited to, the following:

  (i)  An evaluation of the strengths, difficulties, needs, and goals of the individual;

  (ii)  A description of those services, including supportive, rehabilitative, housing assistance, and case-management services, found to be necessary or appropriate to assist the individual in realizing his or her potential for self-sufficiency in major life activities and in moving towards recovery;

  (iii)  A description of the agencies and/or individuals, who or that are proposed to provide each of the recommended services;

  (iv)  The intermediate and long-range objectives for the individual's rehabilitation and well-being;

  (v)  The expected duration for the provision of each of the services;

  (vi)  A description of the tests and other evaluative devices used and their results;

  (vii)  Proposed criteria for monitoring and evaluating the success of the services in meeting the individual's needs; and

  (viii)  The signatures of the preparers of the plan and the date the plan was prepared. See Rhode Island General Laws 40.1-5.4-7

• 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.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Likelihood of serious harm: means :

  (i)  A substantial risk of physical harm to the person himself or herself as manifested by behavior evidencing serious threats of, or attempts at, suicide;

  (ii)  A substantial risk of physical harm to other persons as manifested by behavior or threats evidencing homicidal or other violent behavior; or

  (iii)  A substantial risk of physical harm to the mentally disabled person as manifested by behavior that has created a grave, clear, and present risk to the person's physical health and safety. See Rhode Island General Laws 40.1-5-2

• Matching grant funds: means state funds in an amount up to and not more than four dollars ($4. See Rhode Island General Laws 40.1-8.5-2
• Mental health professional: means a psychiatrist, psychologist, or social worker and such other persons, including psychiatric nurse clinicians, as may be defined by rules and regulations promulgated by the director. See Rhode Island General Laws 40.1-5-2
• Mental health services: means those services provided to mentally disabled children and adults and shall include, but not be limited to, psychiatric, medical, nursing, psychological, social, rehabilitative, and support services provided in the prevention, diagnosis, treatment, and follow-up of mental disabilities, and in addition, may include those services designed to prevent mental disabilities or be of a consultative, informational, or educational nature about mental disabilities. See Rhode Island General Laws 40.1-8.5-2
• NICS database: means the National Instant Criminal Background Check System as created pursuant to section 103(b) of the Brady Handgun Violence Prevention Act (Brady Act), Pub. See Rhode Island General Laws 40.1-5-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Optician: means a person licensed in this state to practice opticianry pursuant to the provisions of this chapter. See Rhode Island General Laws 5-35.2-1
• Patient: means :

  (i)  Every individual who receives care and treatment in a facility, and/or that individual's spouse;

  (ii)  The patient's legal guardian or conservator;

  (iii)  The executor or administrator of the patient's estate if the patient is deceased;

  (iv)  Any family member, friend, or other individual who has possession or control of all or part of the patient's estate. See Rhode Island General Laws 40.1-2-1

• Patient: means a person admitted voluntarily, certified or re-certified admitted to a facility according to the provisions of this chapter. See Rhode Island General Laws 40.1-5-2
• 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 property: All property that is not real property.
• Physician: means a person licensed by the Rhode Island department of health to practice medicine pursuant to chapter 37 of Title 5. See Rhode Island General Laws 40.1-5-2
• practice of opticianry: means the preparation or dispensing of eyeglasses, spectacles, lenses, or related appurtenances, for the intended wearers, or users, on prescription from licensed physicians or optometrists, or duplications or reproductions of previously prepared eyeglasses, spectacles, lenses, or related appurtenances; or the person who, in accordance with such prescriptions, duplications, or reproductions, measures, adapts, fits, and adjusts eyeglasses, spectacles, lenses, including spectacles add powers for task specific use or occupational applications, or appurtenances, to the human face. See Rhode Island General Laws 5-35.2-1
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychiatric disability: means a mental disorder in which the capacity of a person to exercise self-control or judgment in the conduct of the person's affairs and social relations, or to care for the person's own personal needs, is significantly impaired. See Rhode Island General Laws 40.1-5-2
• Psychiatrist: means a person licensed by the Rhode Island department of health to practice medicine pursuant to chapter 37 of Title 5 who has, in addition, completed three (3) years of graduate psychiatric training in a program approved by the American Medical Association or American Osteopathic Association. See Rhode Island General Laws 40.1-5-2
• Psychologist: means a person licensed by the Rhode Island department of health pursuant to chapter 44 of Title 5. See Rhode Island General Laws 40.1-5-2
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• 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.
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Serious mental illness: means an illness which is biologically based, severe in degree, and persistent in duration, which causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, which may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support and which may be of lifetime duration. See Rhode Island General Laws 40.1-5.4-7
• service area: means the geographical area within the boundaries of cities and towns, as designated by the director. See Rhode Island General Laws 40.1-8.5-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Social worker: means a person who has a masters or further advanced degree from a school of social work, that is accredited by the council of social work education and who is licensed by the Rhode Island department of health pursuant to chapter 39. See Rhode Island General Laws 40.1-5-2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party programs: means any insurance or welfare program, which provides reimbursement for care and treatment. See Rhode Island General Laws 40.1-2-1
• 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
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Venue: The geographical location in which a case is tried.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.