§ 11-9-13.6 - Duties of the department of mental health, retardation and hospitals.
SECTION 11-9-13.6
§ 11-9-13.6 Duties of the department ofmental health, retardation and hospitals. – The department of mental health, retardation and hospitals shall:
(1) Coordinate and promote the enforcement of the provisionsof this chapter and serve as the primary liaison from this department to otherstate or local agencies, departments, or divisions on issues pertaining tostopping children's access to tobacco.
(2) Provide retail tobacco products dealers signs concerningthe prohibition of sales to children under eighteen (18) years of age. Thesigns, 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 inall locations where tobacco products are sold.
(3) Investigate concurrently with other state and localofficials violations of this chapter.
(4) Utilize unannounced statewide compliance checks oftobacco product sales including retail tobacco over-the-counter sales, mailorder sales initiated via mail, facsimile, telephone or internet ordering orother types of electronic communications, and tobacco vending machine sales aspart of investigating compliance with the provisions of this chapter. Underageindividuals, acting as agents for the department of mental health, retardationand hospitals and with the written permission of a parent or guardian, maypurchase, with impunity from prosecution, tobacco products for the purposes oflaw enforcement or government research involving monitoring compliance withthis chapter, provided that the underage individuals are supervised by an adultlaw enforcement official. Any individual participating in an unannouncedcompliance check of over-the-counter or vending machine sales, must state hisor her accurate age if asked by the sales representative of the retailestablishment being checked.
(ii) In fulfilling the requirement of unannounced statewidecompliance checks, the department of mental health, retardation and hospitalsshall maintain complete records of the unannounced compliance checks,detailing, at least, the date of the compliance check, the name and address ofthe retail establishment checked or the mail order company, the results of thecompliance check (sale/no sale), whether the sale was made as anover-the-counter sale, a mail order purchase or a tobacco vending machine sale,and if a citation was issued for any violation found. The records shall besubject to public disclosure. Further, the department of mental health,retardation and hospitals shall report to the owner of each retailestablishment checked or mail order company, the results of any compliancecheck (sale/no sale) whether the sale was made as an over-the-counter sale, amail order purchase or a tobacco vending machine sale, and if a citation wasissued for any violation found.
(5) Seek enforcement, concurrently with other state and localofficials, of the penalties as detailed in this chapter.
(6) Develop and disseminate community health educationinformation and materials relating to this chapter.