Terms Used In Rhode Island General Laws > Chapter 5-5 - Private Detective Act

• Administer: refers to the direct application of controlled substances to the body of a patient or research subject by:

  (i)  A practitioner, or, in his or her presence by his or her authorized agent; or

  (ii)  The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means. See Rhode Island General Laws 21-28-1.02

• Agent: means an authorized person who acts on behalf of, or at the direction of, a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator when acting in the usual and lawful course of the carrier's or warehouse operator's business. See Rhode Island General Laws 21-28-1.02
• Alkaline-manganese battery: means any dry cell battery containing manganese dioxide and zinc electrodes and an alkaline electrolyte. See Rhode Island General Laws 23-60.1-2
• 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.
• Apothecary: means a registered pharmacist as defined by the laws of this state and, where the context requires, the owner of a licensed pharmacy or other place of business where controlled substances are compounded or dispensed by a registered pharmacist; and includes registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be construed as conferring on a person who is not registered as a pharmacist any authority, right, or privilege that is not granted to him or her by the pharmacy laws of the state. See Rhode Island General Laws 21-28-1.02
• 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.
• Applicant: means any person who has applied for permission to engage in any act or activity that is regulated pursuant to the provisions of this chapter. See Rhode Island General Laws 5-5-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• Coca leaves: includes cocaine, or any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine or ecgonine may be synthesized or made. See Rhode Island General Laws 21-28-1.02
• Computer: means programmable electronic device capable of multi-functions, including, but not limited to: storage, retrieval, and processing of information. See Rhode Island General Laws 21-28-1.02
• Computer forensic specialist: means a person who holds a professional certification as a computer examiner and who interprets, evaluates, tests, or analyzes preexisting data from computers, computer systems, networks, or other electronic media, provided to them by another person who owns, controls, or possesses the computer, computer system, network, or other electronic media. See Rhode Island General Laws 5-5-2
• Consumer: means an individual who purchases a vehicle battery for use, consumption, or any use other than resale;

  (2)  "Dealer" means every person in this state who engages in the sale of vehicle batteries;

  (3)  "Director" means the director of the department of environmental management;

  (4)  "Distributor" means every person who engages in the sale of vehicle batteries to a dealer in this state including any manufacturer who engages in such sales;

  (5)  "Manufacturer" means a person who manufactures vehicle batteries;

  (6)  "Person" means any person, firm, partnership, association, corporation, or organization of any kind whatsoever;

  (7)  "Vehicle" means every vehicle which is self-propelled and designed for carrying persons or property or which is used for the transportation of persons, including, but not limited to, buses, automobiles, truck, boats, motorcycles, farm, lawn and garden equipment, and snowmobiles;

  (8)  "Vehicle battery" means batteries used in any vehicle, or of a capacity of six (6) volts or more, and of one hundred fifty (150) pounds or less in weight, and like batteries in stationary uses. See Rhode Island General Laws 23-60-2

• Consumer: means an individual who purchases a vehicle tire for use, consumption, or any use other than resale;

  (2)  "Corporation" means the Rhode Island economic development corporation created and established pursuant to chapter 64 of Title 42. See Rhode Island General Laws 23-63-1.1

• Continuing care: means providing or committing to provide board, lodging, and nursing services to an individual, other than an individual related by blood or marriage: (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and (ii) in consideration of the payment of an entrance fee and/or periodic charges. See Rhode Island General Laws 23-59-1
• Contract: A legal written agreement that becomes binding when signed.
• Control: means to add a drug or other substance or immediate precursor to a schedule under this chapter, whether by transfer from another schedule or otherwise. See Rhode Island General Laws 21-28-1.02
• Controlled substance: means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. See Rhode Island General Laws 21-28-1.02
• 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.
• delivery: means the actual, constructive, or attempted transfer of a controlled substance or imitation controlled substance, whether or not there exists an agency relationship. See Rhode Island General Laws 21-28-1.02
• Department: means the department of health of this state. See Rhode Island General Laws 21-28-1.02
• Department: means the Rhode Island state department of health. See Rhode Island General Laws 23-59-1
• Director: means the director of health. See Rhode Island General Laws 21-28-1.02
• Dispense: means to deliver, distribute, leave with, give away, or dispose of a controlled substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Rhode Island General Laws 21-28-1.02
• Dispenser: is a practitioner who delivers a controlled substance to the ultimate user or human research subject. See Rhode Island General Laws 21-28-1.02
• Distribute: means to deliver (other than by administering or dispensing) a controlled substance or an imitation controlled substance and includes actual constructive, or attempted transfer. See Rhode Island General Laws 21-28-1.02
• Distributor: means a person who so delivers a controlled substance or an imitation controlled substance. See Rhode Island General Laws 21-28-1.02
• Drug Enforcement Administration: means the Drug Enforcement Administration, United States Department of Justice or its successor. See Rhode Island General Laws 21-28-1.02
• Dry cell battery: means all batteries in which the electrolyte is absorbed, gelled, or solidified such that the electrolyte is not a free-standing body of liquid. See Rhode Island General Laws 23-60.1-2
• 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}
• Entrance fee: means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. See Rhode Island General Laws 23-59-1
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Facility: means the place or places in which a person undertakes to provide continuing care to an individual. See Rhode Island General Laws 23-59-1
• Federal law: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. See Rhode Island General Laws 21-28-1.02
• 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.
• 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.
• Hardware: means the fixed component parts of a computer. See Rhode Island General Laws 21-28-1.02
• Hospital: means an institution as defined in chapter 17 of Title 23. See Rhode Island General Laws 21-28-1.02
• Imitation controlled substance: means a substance that is not a controlled substance, that by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance and, which imitation controlled substances contain substances that if ingested, could be injurious to the health of a person. See Rhode Island General Laws 21-28-1.02
• Immediate precursor: means a substance:

  (i)  That the director of health has found to be, and by regulation designated as being, the principal compound used, or produced primarily for use, in the manufacture of a controlled substance;

  (ii)  That is an immediate chemical intermediary used, or likely to be used, in the manufacture of those controlled substances; and

  (iii)  The control of which is necessary to prevent, curtail, or limit the manufacture of that controlled substance. See Rhode Island General Laws 21-28-1.02

• 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.
• Laboratory: means a laboratory approved by the department of health as proper to be entrusted with controlled substances and the use of controlled substances for scientific and medical purposes and for the purposes of instruction. See Rhode Island General Laws 21-28-1.02
• Lead-acid dry cell battery: means a battery containing a lead-acid system, generally used in rechargeable consumer products, and weighing less than twenty-five (25) pounds. See Rhode Island General Laws 23-60.1-2
• 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}
• License: means any license required by this chapter. See Rhode Island General Laws 5-5-2
• Local licensing authority: means the town councils of license boards of the several towns, the mayor and city council or license bureau of a city. See Rhode Island General Laws 5-5-2
• Manufacture: means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice. See Rhode Island General Laws 21-28-1.02
• Manufacturer: means a person who manufactures but does not include an apothecary who compounds controlled substances to be sold or dispensed on prescriptions. See Rhode Island General Laws 21-28-1.02
• Marijuana: means all parts of the plant cannabis sativa L. See Rhode Island General Laws 21-28-1.02
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:

  (i)  Opium and opiates. See Rhode Island General Laws 21-28-1.02

• 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.
• Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Rhode Island General Laws 21-28-1.02
• Opioid antagonist: means naloxone hydrochloride and any other drug approved by the United States Food and Drug Administration for the treatment of opioid overdose. See Rhode Island General Laws 21-28-1.02
• Opium poppy: means the plant of the species papaver somniferum L. See Rhode Island General Laws 21-28-1.02
• Ounce: means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids. See Rhode Island General Laws 21-28-1.02
• 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 any corporation, association, partnership, or one or more individuals. See Rhode Island General Laws 21-28-1.02
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Physical dependence: means a state of adaptation that is manifested by a drug class specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and/or administration of an antagonist. See Rhode Island General Laws 21-28-1.02
• Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Rhode Island General Laws 21-28-1.02
• Practitioner: means :

  (i)  A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See Rhode Island General Laws 21-28-1.02

• Private detective: means a person who is hired for the purpose of conducting investigations involving:

  (i)  Inquiries into unsolved crimes;

  (ii)  Clandestine surveillance;

  (iii)  The search for missing persons; and

  (iv)  The search for lost or stolen property. See Rhode Island General Laws 5-5-2

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Rhode Island General Laws 21-28-1.02
• Provider: means any person, corporation, partnership, or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this state. See Rhode Island General Laws 23-59-1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified law enforcement agency: means the U. See Rhode Island General Laws 21-28-1.02
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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 entitled to receive continuing care in a facility. See Rhode Island General Laws 23-59-1
• Retailer: means every person in this state who is engaged in the sale of vehicle tires to consumers;

  (4)  "Rhode Island resource recovery corporation" means the Rhode Island resource recovery corporation created and established pursuant to chapter 19 of Title 23. See Rhode Island General Laws 23-63-1.1

• 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
• Software: means programs, procedures, and storage of required information data. See Rhode Island General Laws 21-28-1.02
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• 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
• Ultimate user: means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household. See Rhode Island General Laws 21-28-1.02
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Vehicle tire: means all tires used on motorized vehicles;

  History of Section. See Rhode Island General Laws 23-63-1.1

• Wholesaler: means a person who sells, vends, or distributes at wholesale, or as a jobber, broker agent, or distributor, or for resale in any manner in this state any controlled substance. See Rhode Island General Laws 21-28-1.02