§ 23-1-50. Public Records — Exemption — Requirements.
(a) The department of health shall deem all application filings for certification, re-certification, and material modification, and correspondence directly related to those application filings, submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27, to be “public records” as defined in § 38-2-2(4). Entities or agents certified under one or more of these statutes may request that certain portions of their application filings, or correspondence directly related to their application filings, be regarded as exempt from public disclosure, but may do so only by claiming one or more of the specific grounds delineated in § 38-2-2(4).
(b) For each document or for each portion of a document requested to be exempt from public disclosure, the certified entity or agent must specify the specific exemption claimed and the rationale for the exemption. Each specific exemption and the rationale for it shall themselves be public documents. The department shall determine which of the documents, or parts of the documents, for which an exemption is sought shall be public records and which shall be exempt from the disclosure required by chapter 2 of title 38.
(c) Each application filing for certification, re-certification, or material modification submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27, and for which an exemption is sought, shall be made in three (3) parts:
(1) Part One shall be a complete application filing with no materials to be deleted. This part shall be for the official use of the department as appropriate.
(2) Part Two shall be a complete application filing, except that it shall not include those parts of the application filing which the filing party has claimed and the department determined to be exempt from the disclosure required by chapter 2 of title 38.
(3) Part Three of the application filing shall include those items and information requested to be excluded from the disclosure required by chapter 2 of title 38 with a delineation of the specific exemption and criteria claimed under § 38-2-2(4) and the application filing’s rationale for each specific exemption claimed.
(d) All application filings for certification, re-certification, or material modification submitted under the provisions of chapters 17.12 and 17.13 of this title and chapter 41 of title 27 that are not made consistent with the three (3) part form described in subsection (c) shall, except as otherwise prohibited by state or federal law, be deemed “public records” under the provisions of chapter 2 of title 38.
History of Section.P.L. 1999, ch. 111, § 1.
Structure Rhode Island General Laws
Chapter 23-1 - Department of Health
Section 23-1-1. - General functions of department.
Section 23-1-1.1. - Health planning — Findings.
Section 23-1-1.2. - Health planning process.
Section 23-1-1.3. - Transfer of responsibilities.
Section 23-1-2. - Inquiries to local authorities and physicians.
Section 23-1-3. - Maintenance of laboratories.
Section 23-1-4. - Vital records.
Section 23-1-5. - Enforcement of sanitary laws.
Section 23-1-5.1. - Laboratory testing services.
Section 23-1-5.2. - Office of private well water contamination.
Section 23-1-5.3. - Duties of the office of private well water contamination.
Section 23-1-5.4. - Access to information.
Section 23-1-5.5. - Annual report.
Section 23-1-5.7. - Well water purification licensing.
Section 23-1-6. - Shellfish packing houses.
Section 23-1-7. - Industrial hygiene.
Section 23-1-8. - Forensic scientist — Crime detection.
Section 23-1-9. - Annual report to general assembly.
Section 23-1-10 - — 23-1-12. Repealed.
Section 23-1-13. - Appropriations and disbursements.
Section 23-1-14. - Vouchers for disbursements.
Section 23-1-15. - Providing a physician for New Shoreham.
Section 23-1-16. - Receipt and use of funds.
Section 23-1-16.1. - Letters of license verification — Fees.
Section 23-1-17. - Additional general powers.
Section 23-1-18. - Power to provide rules and regulations in specific areas.
Section 23-1-19. - Inspection and examination — Penalty for obstruction.
Section 23-1-20. - Compliance order.
Section 23-1-21. - Immediate compliance order.
Section 23-1-23. - Enforcement of compliance orders.
Section 23-1-24. - Review by supreme court.
Section 23-1-26. - Adoption of regulations — Status of present regulations.
Section 23-1-27. - Exemption from hearing provisions of Administrative Procedures Act.
Section 23-1-28. - Definitions.
Section 23-1-29. - Delegation.
Section 23-1-31. - Approval of construction by director.
Section 23-1-32. - Limitation on civil liability.
Section 23-1-33. - Dr. Charles V. Chapin Health Laboratory.
Section 23-1-34. - Health promotion income.
Section 23-1-36.1. - [Repealed.]
Section 23-1-38. - HIV antibody testing — Sperm collection or donation.
Section 23-1-39. - Tattooing and/or body piercing.
Section 23-1-39.1. - Laser pointing device.
Section 23-1-40. - Misrepresentation on menu of food or food products.
Section 23-1-41. - Rhode Island public health foundation.
Section 23-1-42. - Renewal of licenses, certifications and registration — Date changes.
Section 23-1-42.1. - Wallet license cards for healthcare professionals.
Section 23-1-43. - Minority population health promotion.
Section 23-1-44. - Routine childhood and adult immunization vaccines.
Section 23-1-45. - Immunization account.
Section 23-1-47. - Health care providers — Immunities.
Section 23-1-48. - Reimbursement for medical record copies.
Section 23-1-49. - Registry of persons with head injuries and/or spinal cord injuries.
Section 23-1-50. - Public Records — Exemption — Requirements.
Section 23-1-51. - Severability.
Section 23-1-52. - Adult daycare program licensure.
Section 23-1-53. - Cost of legal fees.
Section 23-1-54. - Fees payable to the department of health.
Section 23-1-57. - Penalties for unlicensed business.
Section 23-1-58. - Penalty for operating without a dealer license.