§ 11-9-13.6. Duties of the department of behavioral healthcare, developmental disabilities and
hospitals.
The department of behavioral healthcare, developmental disabilities and hospitals
shall:
(1) Coordinate and promote the enforcement of the provisions of this chapter and serve
as the primary liaison from this department to other state or local agencies, departments,
or divisions on issues pertaining to stopping individuals' under twenty-one (21) years
of age access to tobacco products, which include electronic nicotine-delivery system
products.
(2) Provide retail tobacco products dealers and electronic nicotine-delivery system products
dealers signs concerning the prohibition of sales to individuals under twenty-one
(21) years of age. The signs, conforming to the requirements of this chapter, shall
be sold at cost. This sign, or an exact duplicate of it made privately, shall be displayed
in all locations where tobacco products, including electronic nicotine-delivery system
products, are sold.
(3) Investigate concurrently with other state and local officials violations of this chapter.
(4)(i) Utilize unannounced statewide compliance checks of tobacco product sales, including
electronic nicotine-delivery system product sales; retail tobacco product over-the-counter
sales, which include electronic nicotine-delivery system product over-the-counter
sales; mail-order sales initiated via mail, facsimile, telephone, or internet ordering
or other types of electronic communications; and tobacco product, including electronic
nicotine-delivery system product vending machine sales, as part of investigating compliance
with the provisions of this chapter. Underage individuals, acting as agents for the
department of behavioral healthcare, developmental disabilities and hospitals and
with the written permission of a parent or guardian for individuals under eighteen
(18) years of age, may purchase, with impunity from prosecution, tobacco products,
including electronic nicotine-delivery system products, for the purposes of law enforcement
or government research involving monitoring compliance with this chapter, provided
that the underage individuals are supervised by an adult law enforcement official.
Any individual participating in an unannounced compliance check of over-the-counter
or vending machine sales must state his or her accurate age if asked by the sales
representative of the retail establishment being checked.
(ii) In fulfilling the requirement of unannounced statewide compliance checks, the department
of behavioral healthcare, developmental disabilities and hospitals shall maintain
complete records of the unannounced compliance checks, detailing, at least, the date
of the compliance check; the name and address of the retail establishment checked
or the mail order company; the results of the compliance check (sale/no sale); whether
the sale was made as an over-the-counter sale, a mail-order purchase or a tobacco
product, including an electronic nicotine-delivery system product vending machine
sale; and if a citation was issued for any violation found. The records shall be subject
to public disclosure. Further, the department of behavioral healthcare, developmental
disabilities and hospitals shall report to the owner of each retail establishment
checked or mail-order company the results of any compliance check (sale/no sale) whether
the sale was made as an over-the-counter sale, a mail-order purchase, or a tobacco
and/or electronic nicotine-delivery system product vending machine sale, and if a
citation was issued for any violation found.
(5) Seek enforcement, concurrently with other state and local officials, of the penalties
as detailed in this chapter.
(6) Develop and disseminate community health education information and materials relating
to this chapter.