216 R.I. Code R. 216-RICR-20-10-4.3

Current through December 26, 2024

Section 216-RICR-20-10-4.3 - Definitions

A. Wherever used in these Rules and Regulations the terms listed below shall be construed as follows:

1. "Administrative head of school" means the person with the greatest responsibility for the care and supervision of a public-school district or community as defined in § 4.3(A)(10) of this Part, or a non-public school (e.g. headmaster, principal, superintendent).

2. "Anaphylaxis" means a potentially fatal, acute allergic reaction to a substance (such as stinging insects, foods and medications) that is induced by an exposure to the substance. Manifestations of anaphylaxis may be cutaneous (such as hives, itchiness, swelling), cardiorespiratory (swelling of tongue, throat, wheezing, difficulty breathing, low blood pressure), central nervous system (lethargy, coma) and others.

3. "Audiologist" means an individual licensed in this State in accordance with Part 40-05-33 of this Title, Speech Pathologists and Audiologists.

4. "Audiometric aide" means an individual registered in this State in accordance with Part 40-05-33 of this Title, Speech Pathologists and Audiologists.

5. "Bullying and cyber-bullying", as used in this Part, are defined by R.I. Gen. Laws § 16-21-33.

6. "Certified health educator" means an individual who is certified by the Rhode Island Department of Education (RIDE) in accordance with 200- RICR- 20-20-1, Regulations Governing the Certification of Educators in Rhode Island.

7. "Certified school nurse" means an individual who is licensed as a professional (registered) nurse in this State pursuant to R.I. Gen. Laws Chapter 5-34 and is certified by RIDE as an All Grades Registered School Nurse and is not eligible to serve as a teacher of record in accordance with 200-RICR- 20-20 - 1, Regulations Governing the Certification of Educators in Rhode Island.

8. "Certified school nurse-teacher" means an individual who is licensed as a professional (registered) nurse in this State pursuant to R.I. Gen. Laws Chapter 5-34 and is certified by RIDE as an All Grades School NurseTeacher and as a Health Teacher in accordance with 200-RICR- 20-20-1, Regulations Governing the Certification of Educators in Rhode Island.

9. "Community" means any city, town or regional school district established pursuant to State law and/or DCYF and any school operated by RIDE; provided, however, that the Department for Children, Youth and Families shall not have those administrative responsibilities and obligations as set forth in R.I. Gen. Laws Chapter 16-2 ("Education").

10. "Comprehensive school health program" means a school health program consisting of health education, health services and a healthful school environment, approved by the State Commissioner of Elementary and Secondary Education and the Director of Health in accordance with R.I. Gen. Laws § 16-21-7.

11. "Competitive foods" means all foods and beverages other than meals reimbursed under the National School Lunch Act (42 U.S.C. § 1751et seq.), 200-RICR- 20-25-4, Regulations Governing Nutritional Requirements for Reimbursable Meals and Competitive Foods and Beverages; Limitations on Competitive Foods and Beverages at Meal Time and the Child Nutrition Act of 1966 (42 U.S.C.§ 1771et seq.) available for sale to students on the school campus during the school day.

12. "Confidential health care information" means all information relating to a patient's health care history, diagnosis, condition, treatment or evaluation obtained from a health care provider who has treated the patient.

13. "Controlled substance" means a drug, substance, or immediate precursor in schedules I-V of R.I. Gen. Laws § 21-28-1.02.

14. "Dating partner" means any person involved in an intimate association with another, primarily characterized by the expectation of affectionate involvement, whether casual, serious, or long-term.

15. "Dating violence" means a pattern of behavior wherein a person uses threats of, or uses, physical, sexual, verbal or emotional abuse to control his/her dating partner.

16. "Dental hygienist", means a person with a license to practice dental hygiene in this State under the provisions R.I. Gen. Laws § 5-31.1-1.

a. Public health dental hygienist, as used in this Part means any practicing registered dental hygienist who may perform dental hygiene procedures in a public health setting under the provisions of R.I. Gen. Laws § 5-31.1-39.

17. "Dentist", as used in this Part, means a person with a license to practice dentistry in this State under the provisions of R.I. Gen. Laws § 5-31.1-1.

18. "DCYF" means the Rhode Island Department of Children, Youth and Families.

19. "Education record" means those records that are:

a. Directly related to a student; and

b. Maintained by an educational agency or institution or by a party acting for the agency or institution.

20. "Emergency" means a medical or psychological condition where the absence of immediate intervention could reasonably be expected to result in placing the student's health (or another student's health) in serious jeopardy; serious impairment to bodily or psychological functions; or serious dysfunction of any bodily organ or part.

21. "Emergency care plan" or "ECP" means a set of procedural guidelines that provides specific directions about what to do in an emergency. A student with special health care needs may have both an ECP and an individualized health care plan (IHCP). The ECP may be formulated as part of the IHCP. As used in this Part, "emergency care plan (ECP)" shall have the same meaning as "emergency health care plan (EHCP)."

22. "Epinephrine auto-injectors" means any device that is used for the automatic injection of epinephrine into the human body to prevent or treat anaphylaxis.

23. "Eye care provider" means an individual licensed in the Rhode Island to practice optometry or medicine (i.e., ophthalmology) pursuant to the provisions of R.I. Gen. Laws Chapter 5-35.1.

24. "Follow-up" means the contact with a student's parent as defined in this Part, and/or service provider to verify receipt of services, provide clarification and determine the need for additional assistance.

25. "Governing body" means the body or board or committee or individual, or the designated agent(s) or designee(s) of the aforementioned responsible for, or who has control over, the administration of any elementary or secondary school, public or non-public, in the State of Rhode Island.

26. "Hazardous chemical" means a chemical for which there is statistically significant evidence based on at least one (1) study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed persons. The term "health hazard" includes chemicals that are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents that act on the hematopoietic systems, and agents that damage the lungs, skin, eyes, or mucous membranes.

27. "Health" means the quality of a person's physical, psychological, and sociological functioning that enables him/her to deal effectively with self and others in a variety of situations.

28. "Health care provider/agency" means any person/agency licensed by this State to provide or otherwise lawfully able to provide health care services, including, but not limited to, a physician, chiropractor, hospital, intermediate care facility or other health care facility, dentist, dental hygienist, nurse, physician assistant, nurse practitioner, optometrist, podiatrist, pharmacist, physical therapist, psychiatric/clinical social worker, mental health counselor, or psychologist and any officer, employee or agent of that provider acting in the course and scope of his/her employment or agency related to or supportive of health services.

29. "Health education" means comprehensive sequential kindergarten through grade twelve (K through 12) instruction that builds a foundation of health knowledge, develops the motivation and skills required of students to cope with challenges to health and provides learning opportunities designed to favorably influence health attitudes, practices and behavior that will impact lifestyles, educational performance and achievements and long range health outcomes and is in accordance with the requirements of § 4.5(D) of this Part.

30. "Hearing impairment" means an impairment in hearing, whether permanent or fluctuating, that affects a student's educational performance.

31. "Individualized health care plan" or "IHCP" means a comprehensive plan for care of children with special health care needs developed by the school nurse in collaboration with the student, parents/guardians, school staff, community, and health care provider(s), as appropriate.

32. "Individualized health services" means services provided to individual students who attend school within the community which are specific to the health needs of the individual student, such as medication administration, and are not included in the health examination/screenings, record keeping and reporting requirements described in § 4.9.1(B) of this Part.

33. "Laboratory" means a facility where the laboratory use of hazardous chemicals occurs. It is a place where relatively small quantities of hazardous chemicals are used on a non-production basis.

34. "Mandated instructional health outcomes" means statements which indicate what health knowledge and skills students should have at the completion of a specific health unit.

35. "Medically accurate" means verified or supported by research conducted in compliance with accepted scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention.

36. "Medical marijuana" means as defined in § 230-RIC R- 80-05-1.1(A)(27) and can only be purchased from a licensed compassion center.

37. "Medication" means any FDA-approved substance regarded as effective for the use for which it is designed in bringing about the recovery, maintenance or restoration of health, or the normal functioning of the body.

38. "OSHA" means the Occupational Safety and Health Administration.

39. "Parent" means a natural parent, a legal guardian, or an individual acting as a parent in the absence of a parent or a legal guardian.

40. "Physician" means an individual licensed in the United States to practice allopathic or osteopathic medicine pursuant to the provisions of R.I. Gen. Laws Chapter 5-37.

a. Chiropractic physicians licensed under the provisions of R.I. Gen. Laws Chapter 5-30 are entitled to the same services of the laboratories of RIDOH and other institutions, and shall be subject to the same duties and liabilities, and are entitled to the same rights and privileges in their professional calling pertaining to public health which may be imposed or given by law or Regulations upon or to physicians qualified to practice medicine by R.I. Gen. Laws § 5-37-2; provided, however, that chiropractic physicians shall not write prescriptions for drugs for internal medication nor practice major surgery.

41. "Population-based health services" means services provided to all students attending school within the community which are not focused on the individual health needs of the particular student but are provided to all students as part of the health examination/screenings, record keeping, and reporting requirements described in § 4.9.1(B) of this Part.

42. "Prescription" means an order for medication signed by a licensed practitioner with prescriptive authority or transmitted by the practitioner to a pharmacist by telephone, facsimile, or other means of communication and recorded in writing by the pharmacist.

43. "Record" means any information recorded in any way, including, but not limited to, handwriting, print, tape, electronic storage, computer diskette, film, microfilm, and microfiche.

44. "RIDE" means the Rhode Island Department of Elementary and Secondary Education.

45. "RIDOH" means the Rhode Island Department of Health.

46. "School campus" means all areas of the property under the jurisdiction of the school that are accessible to students during the school day.

47. "School" means all public or privately supported schools for students in grades Kindergarten (K) through 12 in Rhode Island. In addition, a preschool program operated by or within an approved school (per the requirements of § 4.4(A) of this Part) shall be considered a "school" for the purposes of this Part.

48. "School nurse" means a certified school nurse teacher as defined in § 4.3 of this Part, or a certified school nurse as defined in § 4.3 of this Part.

49. "School personnel" means all persons employed directly by the school or under contract to the school.

50. "Scoliosis screening" means screening for detection of an abnormal curvature of the spine, as defined by current American Academy of Orthopaedic Surgeons and Scoliosis Research Society standards.

51. "Self-administration of medication" means that the student uses the medication with parental authorization in the manner directed by the health care provider, and by following the age appropriate instructions on the medication label, without additional assistance or direction.

52. "Self-carry" means that the student carries medication on his/her person, if self-administration of the medication is necessary.

53. "Speech or language impairment" means a disorder in articulation, language, voice and/or fluency that adversely affects the student's educational performance. A speech and language impairment may range in severity from mild to severe; it may be developmental or acquired. A speech and language impairment may be the result of a primary disabling condition or it may be secondary to other disabling conditions. A dialect is a variation of a symbol system used by a group of individuals that reflects and is determined by shared regional, social or cultural/ethnic factors and is not considered to be a disorder of speech.

54. "Speech/language pathology" includes identification of students with speech or language impairments; diagnosis and appraisal of specific speech or language impairments; referral for medical or other professional attention necessary for the habilitation of speech or language impairments; provision of speech and language services for the habilitation or prevention of communicative impairments; and counseling and guidance of parents, children and teachers regarding speech and language impairments.

55. "Speech/language pathologist" means a professional who identifies, assesses, diagnoses, prevents, and treats speech, voice, language, communication, and swallowing disorders.

a. "Certified speech/language pathologist" means a speech/language pathologist certified by RIDE in accordance with 200-RICR- 20-20 - 1, Regulations Governing the Certification of Educators in Rhode Island to perform speech-language pathology services for the public-school system.

b. "Licensed speech/language pathologist" means a speech/language pathologist licensed by the Rhode Island Board of Examiners in Speech Pathology and Audiology to perform speech-language pathology services in all settings outside the public-school system.

56. "Speech/language pathology aide" means an individual registered in this State in accordance with Part 40-05-33 of this Title, Speech Pathologists and Audiologists.

57. "Student" means any individual who is or has been enrolled at an educational agency or institution and regarding whom the agency or institution maintains educational records.

58. "Vision screening," as used in this Part, means a limited series of tests to identify individuals who may have a vision or eye health problem.

59. "Visual impairments" include:

a. "Partial sight" means a visual acuity ranging from 20/70 to 20/200 in the better eye after refraction, or a significant loss of fields of vision in both eyes as a result of, but not limited to, hemeralopia, glaucoma, retinitis pigmentosa, retinoschisis, or diabetes retinopathy that, with correction, affects a student's educational performance.

b. "Blindness" means a visual acuity ranging from a central visual acuity of 20/200 or less in the better eye after refraction, or a peripheral field of vision that subtends an angle no greater than twenty (20) degrees that, even with correction, affects a student's educational performance.

216 R.I. Code R. 216-RICR-20-10-4.3

Amended effective 4/11/2022