Terms Used In Rhode Island General Laws > Chapter 5-48 - Speech-Language Pathology and Audiology

• Abuse: means an act or failure to act that presents an imminent risk of serious harm to an individual and, for purposes of this chapter includes, but is not limited to, any of the following crimes, regardless of whether these acts or threats have been reported to law enforcement officers:

  (i)  Child abuse (§ 11-9-5. See Rhode Island General Laws 42-164-2

• Abutter: means a neighbor whose property touches the property in question. See Rhode Island General Laws 44-5.1-2
• Actively marketed: means good faith efforts by the owner of the property to obtain one or more occupants of the property. See Rhode Island General Laws 44-5.1-2
• Actual address: means the physical location where the applicant resides, as specified on the individual's application to be a program participant under this chapter. See Rhode Island General Laws 42-164-2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means any subdivision of the state of Rhode Island, a municipality, or a subdivision of a municipality. See Rhode Island General Laws 42-164-2
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney general: means the attorney general of the state of Rhode Island, or designee;

  (2)  "Body-worn camera" means a video and audio recording device that is carried by, or worn on the body of, a law enforcement officer and that is capable of recording the actions and interactions of the officer and the public;

  (3)  "Director of the department of public safety" means the director of public safety appointed by the governor pursuant to § 42-7. See Rhode Island General Laws 42-161-2

• Audiologist: means an individual licensed by the board to practice audiology. See Rhode Island General Laws 5-48-1
• Audiology: means the application of principles, methods, and procedures related to hearing and the disorders of the hearing and balance systems, to related language and speech disorders, and to aberrant behavior related to hearing loss. See Rhode Island General Laws 5-48-1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the state board of examiners of speech-language pathology and audiology. See Rhode Island General Laws 5-48-1
• Broadband: means "a high-capacity transmission technique using a wide range of frequencies to deliver high-speed internet including both wireline and wireless technologies" and shall include, but not be limited to: goals for broadband elements such as speed, latency, affordability, access, sustainability, and digital equity. See Rhode Island General Laws 42-163-1
• Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Clinical fellow: means the person who is practicing speech-language pathology under the supervision of a licensed speech-language pathologist while completing the postgraduate professional experience as required by this chapter. See Rhode Island General Laws 5-48-1
• Commission: means the Rhode Island historical preservation and heritage commission created pursuant to § 42-45-2, or for purposes of the historic commercial structure property tax reduction in Warren, the local historic district commission in Warren; or for purposes of the historic structure property tax reduction in Narragansett, the local historic district commission in Narragansett; or for purposes of the historic structure property tax reduction in Cumberland, the local historic district commission in Cumberland; or for the purposes of the historic residence or historic commercial structure property tax reduction in North Smithfield, the local historic district commission in North Smithfield. See Rhode Island General Laws 44-4.1-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuously unoccupied: means any property, which is listed during the entire privilege year as vacant in the records of a city or town's department of minimum housing. See Rhode Island General Laws 44-5.1-2
• 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.
• council: means the broadband advisory council established pursuant to the provisions of § 42-163-4. See Rhode Island General Laws 42-163-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Rhode Island department of health. See Rhode Island General Laws 5-48-1
• Department: means the department of transportation. See Rhode Island General Laws 42-162-2
• Department: means the department of revenue. See Rhode Island General Laws 44-5-43
• Dependent: A person dependent for support upon another.
• Development plan: means a plan to rehabilitate a vacant and abandoned property within a set time frame for a use in conformance with the city or town's comprehensive plan. See Rhode Island General Laws 44-5.1-2
• Digital literacy: means the ability to use information and communication technologies to find, evaluate, create and communicate information, requiring both cognitive and technical skills. See Rhode Island General Laws 42-163-1
• Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 5-48-1
• director: means the broadband coordinator designated pursuant to the provisions of § 42-163-2. See Rhode Island General Laws 42-163-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electric vehicle charging infrastructure: means equipment that supplies electricity to charge electric vehicles, including charging stations and balance of plant. See Rhode Island General Laws 42-162-2
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family or household member: means current or former intimate partners, spouses, former spouses, persons related by blood or marriage, persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or persons who are, or have been, in a dating or engagement relationship within the past year. See Rhode Island General Laws 42-164-2
• Federal funds: means monies allocated for electric vehicle charging infrastructure from the infrastructure investment and jobs act. See Rhode Island General Laws 42-162-2
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• 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.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Historic commercial structure: means : a historic structure in Warren or North Smithfield utilized for commercial purposes, whole or in part, and that is:

  (i)  Listed individually in the state register of historic places; or

  (ii)  Located in a district listed in the state register of historic places and certified by the commission as contributing to the historic character of that district; or

  (iii)  Located in a local historic district zone as designated by the town under chapter 24. See Rhode Island General Laws 44-4.1-2

• Historic residence: means a historic residential property or historic accessory structure that is not of a character subject to federal depreciation allowance pursuant to 26 U. See Rhode Island General Laws 44-4.1-2
• Housing unit: means a new residential unit created within a historic industrial mill building. See Rhode Island General Laws 44-4.2-3
• 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
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• 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.
• Nonprofit housing organization: means any organization exempt from taxation pursuant to §?501(c)(3) of the Internal Revenue Code, 26 U. See Rhode Island General Laws 44-5.1-2
• Oath: A promise to tell the truth.
• 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
• 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.
• Office: means the office of energy resources. See Rhode Island General Laws 42-162-2
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, organization, or corporation, except that only individuals can be licensed under this chapter. See Rhode Island General Laws 5-48-1
• 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.
• 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.
• Practice of audiology: means rendering or offering to render any service in audiology, including prevention, screening, and identification, evaluation, habilitation, rehabilitation; participating in environmental and occupational hearing-conservation programs, and habilitation and rehabilitation programs including hearing aid and assistive-listening-device evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training and speech reading; conducting and interpreting tests of vestibular function and nystagmus; conducting and interpreting electrophysiological measures of the auditory pathway; cerumen management; evaluating sound environment and equipment; calibrating instruments used in testing and supplementing auditory function; and planning, directing, conducting, or supervising programs that render or offer to render any service in audiology. See Rhode Island General Laws 5-48-1
• Practice of speech-language pathology: means rendering or offering to render any service in speech-language pathology including prevention, identification, evaluation, consultation, habilitation, rehabilitation; determining the need for augmentative communication systems, dispensing and selling these systems, and providing training in the use of these systems; and planning, directing, conducting, or supervising programs that render or offer to render any service in speech-language pathology. See Rhode Island General Laws 5-48-1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Privilege year: means the twelve (12) month period corresponding to the calendar year. See Rhode Island General Laws 44-5.1-2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public record: means a public record as defined in § 38-2-2 ("public records"). See Rhode Island General Laws 42-164-2
• Public safety grant administration office: means the public safety grant administration office as defined in chapter 26 of this title. See Rhode Island General Laws 42-161-2
• Quorum: The number of legislators that must be present to do business.
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regionally accredited: means the official guarantee that a college or university or other educational institution is in conformity with the standards of education prescribed by a regional accrediting commission recognized by the United States Secretary of Education. See Rhode Island General Laws 5-48-1
• 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.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Reviewing entity: means the municipal entity designated by the city or town pursuant to §?44-5. See Rhode Island General Laws 44-5.1-2
• 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
• Secretary: means the Rhode Island secretary of state. See Rhode Island General Laws 42-164-2
• Service of process: The service of writs or summonses to the appropriate party.
• Speech-language pathologist: means an individual who is licensed by the board to practice speech-language pathology. See Rhode Island General Laws 5-48-1
• Speech-language pathology: means the application of principles, methods, and procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the development and disorders of human communication. See Rhode Island General Laws 5-48-1
• State-supported implementation period: means a period of five (5) years beginning on July 1, 2021, and ending on June 30, 2026. See Rhode Island General Laws 42-161-2
• Statute: A law passed by a legislature.
• Substitute address: means the secretary's designated address for the address confidentiality program. See Rhode Island General Laws 42-164-2
• Summons: Another word for subpoena used by the criminal justice system.
• Taxable period: means any period for which a tax return is required by law to be filed with the tax administrator and for which no return has been previously filed or for which an erroneous return has been filed. See Rhode Island General Laws 44-6.1-2
• Taxpayer: means any person, corporation, or other entity subject to any tax imposed by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by the tax administrator. See Rhode Island General Laws 44-6.1-2
• 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
• 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.
• Underserved: means a geographic location of the state in which there is no broadband internet service available at consistent speeds with the ability to scale upload speeds over time consistent with technology trends. See Rhode Island General Laws 42-163-1
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Unserved: means a geographic location of the state in which there is no provider of broadband internet service that offers dedicated internet access for transmission at consistent speeds with the ability to scale upload speeds over time consistent with technology trends. See Rhode Island General Laws 42-163-1
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Vacant and abandoned property: means any property, which is:

  (i)  A building that has remained continuously unoccupied during the privilege year or a lot, with no existing structure that is littered with trash and obviously abandoned;

  (ii)(A)  In the case of property containing one or more buildings used in whole or in part for one or more dwelling units immediately prior to the time the property became vacant, been under continuous designation as vacant by a city's or town's department of minimum housing during the privilege year; or

  (B)  In the case of property containing one or more buildings none of which were used in whole or in part for one or more dwelling units immediately prior to the time the property became vacant, been under continuous citation by an agency of a city or town for violation of minimum housing code provisions relating to the health or safety of citizens during the privilege year. See Rhode Island General Laws 44-5.1-2

• Verdict: The decision of a petit jury or a judge.
• 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.