1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *JMB357* 02/19/2025 10:15:04 AM JMB357 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 HOUSE BILL 1532 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representative L. Johnson 5 |
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8 | 8 | | 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO CREATE THE ARKANSAS RARE DISEASE ADVISORY 9 |
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12 | 12 | | COUNCIL; AND FOR OTHER PURPOSES. 10 |
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13 | 13 | | 11 |
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14 | 14 | | 12 |
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15 | 15 | | Subtitle 13 |
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16 | 16 | | TO CREATE THE ARKANSAS RARE DISEASE 14 |
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17 | 17 | | ADVISORY COUNCIL. 15 |
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18 | 18 | | 16 |
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19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 |
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20 | 20 | | 18 |
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21 | 21 | | SECTION 1. Arkansas Code Title 20, Chapter 8, is amended to add an 19 |
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22 | 22 | | additional subchapter to read as follows: 20 |
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23 | 23 | | Subchapter 12 โ Arkansas Rare Disease Advisory Council 21 |
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24 | 24 | | 22 |
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25 | 25 | | 20-8-1201. Legislative findings. 23 |
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26 | 26 | | The General Assembly finds that: 24 |
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27 | 27 | | (1) A rare disease, sometimes called an orphan disease, is 25 |
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28 | 28 | | defined as a disease that affects fewer than two hundred thousand (200,000) 26 |
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29 | 29 | | people in the United States; 27 |
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30 | 30 | | (2) There are more than ten thousand (10,000) known rare 28 |
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31 | 31 | | diseases affecting more than thirty million (30,000,000) Americans with more 29 |
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32 | 32 | | than half of this number being children; 30 |
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33 | 33 | | (3) Approximately ninety -five percent (95%) of rare diseases do 31 |
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34 | 34 | | not have a United States Food and Drug Administration approved treatment; 32 |
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35 | 35 | | (4) While the exact cause for many rare diseases remains 33 |
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36 | 36 | | unknown, many rare diseases are genetic in origin and can be linked to 34 |
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37 | 37 | | mutations in a single gene or in multiple genes that can be passed down from 35 |
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38 | 38 | | generation to generation; 36 HB1532 |
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39 | 39 | | |
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41 | 41 | | (5) People with rare diseases face many obstacles, including 1 |
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42 | 42 | | delays in obtaining an accurate diagnosis, finding a healthcare provider with 2 |
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43 | 43 | | expertise in their condition, and a lack of affordable access to therapies 3 |
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44 | 44 | | and medication used to treat rare diseases that may result in significant 4 |
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45 | 45 | | physical, mental, and financial challenges; and 5 |
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46 | 46 | | (6) A state-based advisory council composed of qualified 6 |
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47 | 47 | | professionals and persons living with rare diseases and their caregivers 7 |
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48 | 48 | | could educate or advise medical professionals, government agencies, 8 |
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49 | 49 | | legislators, and the public about rare diseases as an important public health 9 |
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50 | 50 | | issue to encourage research or support the development of new and better 10 |
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51 | 51 | | policies to diagnose and treat rare diseases. 11 |
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52 | 52 | | 12 |
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53 | 53 | | 20-8-1202. Arkansas Rare Disease Advisory Council โ Creation โ 13 |
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54 | 54 | | Membership. 14 |
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55 | 55 | | (a) There is created the Arkansas Rare Disease Advisory Council within 15 |
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56 | 56 | | the Department of Health, to consist of the following eight (8) members: 16 |
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57 | 57 | | (1) A representative from an academic research institution in 17 |
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58 | 58 | | the state that receives grant funding for rare disease research; 18 |
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59 | 59 | | (2) A representative from the Department of Human Services who 19 |
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60 | 60 | | is knowledgeable about the Arkansas Medicaid Program; 20 |
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61 | 61 | | (3) A geneticist or genetic counselor, appointed by the 21 |
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62 | 62 | | Secretary of the Department of Health; 22 |
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63 | 63 | | (4) At least two (2) patients who have a rare disease, appointed 23 |
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64 | 64 | | by the secretary; 24 |
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65 | 65 | | (5) At least one (1) caregiver of a person with a rare disease, 25 |
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66 | 66 | | appointed by the secretary; 26 |
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67 | 67 | | (6) A person who is a member of the scientific community, a 27 |
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68 | 68 | | member of the biopharmaceutical industry, or a pharmacist who has experience 28 |
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69 | 69 | | with or is engaged in rare disease research, including without limitation a 29 |
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70 | 70 | | medical researcher with experience conducting research on rare diseases, 30 |
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71 | 71 | | appointed by the secretary; and 31 |
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72 | 72 | | (7) A mental health provider, registered nurse, advanced 32 |
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73 | 73 | | practice registered nurse, or physician with experience treating patients who 33 |
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74 | 74 | | have rare diseases in this state, appointed by the secretary. 34 |
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75 | 75 | | (b)(1) All members of the advisory council shall be full -time 35 |
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76 | 76 | | residents of this state. 36 HB1532 |
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79 | 79 | | (2) The membership of the council shall include a diverse set of 1 |
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80 | 80 | | stakeholders representative of the geographic and population diversity of the 2 |
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81 | 81 | | state. 3 |
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82 | 82 | | (c)(1) The secretary shall appoint the Chair of the Arkansas Rare 4 |
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83 | 83 | | Disease Advisory Council for an initial term of three (3) years. 5 |
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84 | 84 | | (2) The chair shall not hold a position within the state 6 |
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85 | 85 | | government. 7 |
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86 | 86 | | (3) At the end of the initial three (3) year term, and every two 8 |
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87 | 87 | | (2) years thereafter, the members of the council shall appoint, by a majority 9 |
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88 | 88 | | vote, a new chair. 10 |
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89 | 89 | | (d)(1) Members shall serve no longer than three (3) years. 11 |
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90 | 90 | | (2) However, during the initial five (5) years after the 12 |
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91 | 91 | | establishment of the council, members may serve up to four (4) years. 13 |
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92 | 92 | | (e) If a vacancy occurs, the secretary shall fill the vacancy in a 14 |
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93 | 93 | | timely manner and based on the requirements under subsection (a) of this 15 |
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94 | 94 | | section. 16 |
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95 | 95 | | (f)(1) The initial meeting of the council shall occur within the first 17 |
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96 | 96 | | ninety (90) days after the effective date of this section. 18 |
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97 | 97 | | (2) During the first year after the effective date of this 19 |
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98 | 98 | | section, the council shall meet no less than one (1) time per month for a 20 |
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99 | 99 | | time period determined by the chair either in person or via an online meeting 21 |
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100 | 100 | | platform. 22 |
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101 | 101 | | (3) After the first year after the effective date of this 23 |
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102 | 102 | | section, the council shall meet no less than one (1) time per quarter either 24 |
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103 | 103 | | in person or via an online meeting platform as determined by the chair. 25 |
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104 | 104 | | 26 |
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105 | 105 | | 20-8-1203. Powers and duties. 27 |
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106 | 106 | | The Arkansas Rare Disease Advisory Council shall: 28 |
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107 | 107 | | (1) Provide guidance and recommendations to educate the public, 29 |
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108 | 108 | | the General Assembly, and other government agencies and departments on the 30 |
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109 | 109 | | needs of individuals with rare diseases living in this state; 31 |
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110 | 110 | | (2) Convene public hearings, make inquiries, and solicit 32 |
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111 | 111 | | comments from the general public in this state to assist the Arkansas Rare 33 |
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112 | 112 | | Disease Advisory Council with a first -year landscape or survey of the needs 34 |
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113 | 113 | | of rare disease patients, caregivers, and providers in the state; 35 |
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114 | 114 | | (3) Provide testimony and comments on pending legislation and 36 HB1532 |
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117 | 117 | | rules before the General Assembly, or the Legislative Council when not in a 1 |
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118 | 118 | | legislative session, and other state agencies that impact the rare disease 2 |
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119 | 119 | | community in this state; 3 |
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120 | 120 | | (4) Consult with experts on rare diseases to develop policy 4 |
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121 | 121 | | recommendations to improve patient access to, and the quality of, rare 5 |
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122 | 122 | | disease specialists, affordable and comprehensive healthcare coverage, 6 |
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123 | 123 | | relevant diagnostics, timely treatment, and other needed services; 7 |
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124 | 124 | | (5) Research and make recommendations to state agencies and 8 |
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125 | 125 | | insurers that provide services to persons with a rare disease on the impact 9 |
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126 | 126 | | of orphan drug pricing, prior authorization, cost -sharing, or other barriers 10 |
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127 | 127 | | to the provision of treatment and care for patients; 11 |
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128 | 128 | | (6) Establish best practices and protocols to include in state 12 |
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129 | 129 | | planning related to natural disasters, public health emergencies, or other 13 |
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130 | 130 | | emergency declarations to enable continuity of care for rare disease patients 14 |
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131 | 131 | | and ensure safeguards against discrimination for rare disease patients are in 15 |
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132 | 132 | | place; 16 |
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133 | 133 | | (7) Evaluate and make recommendations to improve the Arkansas 17 |
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134 | 134 | | Medicaid Program and state -regulated private health insurance coverage of 18 |
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135 | 135 | | drugs for rare disease patients to improve coverage of diagnostics and 19 |
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136 | 136 | | facilitate access to necessary healthcare providers with expertise in the 20 |
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137 | 137 | | treatment of rare diseases; 21 |
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138 | 138 | | (8) Publish a list of existing, publicly accessible resources on 22 |
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139 | 139 | | research, diagnosis, treatment, and education relating to the rare diseases 23 |
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140 | 140 | | on the website of the Department of Health; 24 |
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141 | 141 | | (9) Identify areas of unmet need for research and opportunities 25 |
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142 | 142 | | for collaboration across stakeholders and other state rare disease advisory 26 |
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143 | 143 | | councils that can inform future studies and work done by the Arkansas Rare 27 |
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144 | 144 | | Disease Advisory Council; 28 |
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145 | 145 | | (10) Identify and distribute educational resources for 29 |
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146 | 146 | | healthcare providers to foster recognition and optimize treatment of rare 30 |
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147 | 147 | | diseases in this state; 31 |
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148 | 148 | | (11) Research and identify best practices to reduce health 32 |
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149 | 149 | | disparities and achieve health equity in the research, diagnosis, and 33 |
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150 | 150 | | treatment of rare diseases in this state; and 34 |
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151 | 151 | | (12) Provide opportunities for the public to hear updates and 35 |
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152 | 152 | | provide input into the work of the Arkansas Rare Disease Advisory Council. 36 HB1532 |
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155 | 155 | | 1 |
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156 | 156 | | 20-8-1204. Reports. 2 |
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157 | 157 | | (a)(1) The Arkansas Rare Disease Advisory Council shall submit a 3 |
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158 | 158 | | report to the Governor and the Legislative Council within one (1) year of 4 |
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159 | 159 | | enactment of the Arkansas Rare Disease Advisory Council and annually 5 |
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160 | 160 | | thereafter. 6 |
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161 | 161 | | (2) Before submission of the report under subdivision (a)(1) of 7 |
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162 | 162 | | this section, a draft of the report shall be made available for public 8 |
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163 | 163 | | comment and discussed at an open public meeting. 9 |
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164 | 164 | | (b) The report under subsection (a) of this section shall: 10 |
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165 | 165 | | (1) Describe the activities and progress of the Arkansas Rare 11 |
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166 | 166 | | Disease Advisory Council; 12 |
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167 | 167 | | (2) Provide an update on the status of funding of the Arkansas 13 |
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168 | 168 | | Rare Disease Advisory Council, including without limitation the grants that 14 |
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169 | 169 | | were sought out, accepted, or used, and the remaining balance of funds of the 15 |
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170 | 170 | | Arkansas Rare Disease Advisory Council; and 16 |
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171 | 171 | | (3) Provide recommendations to the Governor and the General 17 |
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172 | 172 | | Assembly on ways to address the needs of people living with rare diseases in 18 |
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173 | 173 | | this state. 19 |
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175 | 175 | | 20-8-1205. Funding. 21 |
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176 | 176 | | (a) The members of the Arkansas Rare Disease Advisory Council may 22 |
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177 | 177 | | solicit funds on behalf of the council. 23 |
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178 | 178 | | (b) The council shall: 24 |
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179 | 179 | | (1) Set up a method to securely hold and distribute funds to 25 |
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180 | 180 | | support the functioning of the council; and 26 |
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181 | 181 | | (2) Report funding sources in report required under ยง 20 -8-1203. 27 |
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