13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT DIRECTING THE NORTH CAROLINA INSTITUTE OF MEDICINE TO STUDY 2 |
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15 | 15 | | THE LEGALIZATION OF MEDICAL AID IN DYING IN NORTH CAROLINA; AND 3 |
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16 | 16 | | APPROPRIATING FUNDS FOR THIS PURPOSE. 4 |
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17 | 17 | | Whereas, medical aid in dying (MAID) is a recognized end-of-life (EOL) option for 5 |
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18 | 18 | | terminally ill, mentally competent adults who have been diagnosed with a life expectancy of less 6 |
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19 | 19 | | than 6 months to hasten the dying process; and 7 |
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20 | 20 | | Whereas, since 1997, 10 states and the District of Columbia have legalized MAID to 8 |
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21 | 21 | | enable eligible adults who have been examined by at least two physicians to receive an aid in 9 |
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22 | 22 | | dying medication that these adults may choose to self-administer in the comfort of their own 10 |
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23 | 23 | | homes among family members and friends; and 11 |
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24 | 24 | | Whereas, many adults choose not to take the aid in dying medication even after 12 |
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25 | 25 | | completing the rigorous application process, but are nevertheless comforted by a renewed sense 13 |
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26 | 26 | | of autonomy and control in having the aid in dying medication on hand; and 14 |
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27 | 27 | | Whereas, data from the 11 United States jurisdictions that have legalized MAID 15 |
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28 | 28 | | indicates that over 90% of MAID applicants have medical insurance and are enrolled in hospice 16 |
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29 | 29 | | but nevertheless prefer to abbreviate the dying process through MAID; and 17 |
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30 | 30 | | Whereas, in the collective 50 years of data available from the 11 United States 18 |
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31 | 31 | | juridictions that have legalized MAID, there have been no recorded instances of misuse, abuse, 19 |
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32 | 32 | | or coercion and the MAID laws have been operating as envisioned since the time of enactment; 20 |
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33 | 33 | | and 21 |
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34 | 34 | | Whereas, the percentage of eligible adults who have availed themselves of this 22 |
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35 | 35 | | end-of-life option in each United States jurisdiction where MAID has been legalized has not 23 |
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36 | 36 | | exceeded 0.75%; Now, therefore, 24 |
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37 | 37 | | The General Assembly of North Carolina enacts: 25 |
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38 | 38 | | SECTION 1.(a) The North Carolina Institute of Medicine shall study the advantages 26 |
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39 | 39 | | and disadvantages of legalizing medical aid in dying (MAID) in North Carolina. The study shall 27 |
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40 | 40 | | include an evaluation of at least all of the following: 28 |
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41 | 41 | | (1) In the 11 United States jurisdictions that have legalized MAID (current MAID 29 |
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42 | 42 | | states), the process by which a person applies and receives approval for 30 |
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43 | 43 | | MAID, including applicant qualifications and safeguards. 31 |
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44 | 44 | | (2) The factors that contribute most to a person's decision to seek MAID. 32 |
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45 | 45 | | (3) The characteristics and demographic backgrounds of persons who seek 33 |
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46 | | - | MAID. 34 General Assembly Of North Carolina Session 2025 |
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47 | | - | Page 2 House Bill 410-First Edition |
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48 | | - | (4) The social and emotional impacts on a person's family members when MAID 1 |
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49 | | - | is available to a person as an alternative to an extended dying process. 2 |
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50 | | - | (5) Which medications have been or are currently being used for MAID, and 3 |
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51 | | - | whether intravenous self-administration would be an improvement over 4 |
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52 | | - | self-ingestion through the gastrointestinal tract. 5 |
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53 | | - | (6) The best options for healthcare providers to opt out of participating in MAID. 6 |
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54 | | - | (7) Available data from the current MAID states that are reporting on conclusions 7 |
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55 | | - | arising from the legalization of MAID, particularly with respect to the 8 |
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56 | | - | effectiveness of MAID laws in providing an end-of-life option. 9 |
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57 | | - | (8) What end-of-life options are currently available in North Carolina and 10 |
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58 | | - | recommendations about whether MAID is an advisable additional alternative. 11 |
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59 | | - | (9) To what extent the absence of MAID in North Carolina and other states 12 |
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60 | | - | increases the chance that a terminally ill person will choose to commit suicide 13 |
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61 | | - | by violent or other means. 14 |
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62 | | - | (10) Developments in MAID legislation since Oregon's 1997 Death with Dignity 15 |
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63 | | - | Act and recommendations about what safeguards are essential to ensure that 16 |
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64 | | - | only mentally competent, terminally ill persons are seeking MAID and that 17 |
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65 | | - | they are seeking MAID without coercion or undue pressure; and, by contrast, 18 |
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66 | | - | which current safeguards have become redundant and are no longer needed. 19 |
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67 | | - | (11) Using data from current MAID states, the number of people who would likely 20 |
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68 | | - | utilize MAID if it became legal in North Carolina. 21 |
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69 | | - | (12) In current MAID states, whether there are indications that individuals have 22 |
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70 | | - | been coerced into using MAID. 23 |
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71 | | - | (13) In current MAID states, the implementation impact of MAID on healthcare 24 |
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72 | | - | systems, institutions, and providers. 25 |
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73 | | - | (14) In current MAID states, the impact of MAID on awareness or utilization of 26 |
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74 | | - | hospice and palliative care as an alternative to MAID. 27 |
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75 | | - | (15) The reasons why approximately one-third of the persons who apply for and 28 |
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76 | | - | receive MAID drugs decide not to take them, including whether there are 29 |
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77 | | - | psychological benefits to having MAID as a legal option even if people 30 |
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78 | | - | ultimately decide against using or even applying for MAID. 31 |
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79 | | - | (16) The percentage of eligible terminally ill, mentally competent persons in each 32 |
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80 | | - | United States jurisdiction where MAID is legal who do, in fact, avail 33 |
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81 | | - | themselves of this law. 34 |
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82 | | - | (17) Any other areas the Department deems relevant or helpful to determining 35 |
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83 | | - | whether to legalize MAID in North Carolina. 36 |
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84 | | - | SECTION 1.(b) The North Carolina Institute of Medicine (NCIOM) shall, prior to 37 |
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85 | | - | submitting the report required by subsection (c) of this section, conduct at least one public hearing 38 |
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86 | | - | to ensure the general public has an opportunity to provide the NCIOM with comments regarding 39 |
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87 | | - | the advantages and disadvantages of legalizing MAID in North Carolina. The NCIOM shall 40 |
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88 | | - | provide at least 15 days' advance notice of a public hearing conducted pursuant to this subsection. 41 |
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89 | | - | All interested persons shall be heard at the public hearing. 42 |
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90 | | - | SECTION 1.(c) By April 1, 2027, the North Carolina Institute of Medicine shall 43 |
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91 | | - | report its findings and any recommendations with respect to legalizing MAID in North Carolina, 44 |
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92 | | - | including any recommendations regarding proposed legislation, to the Joint Legislative 45 |
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93 | | - | Oversight Committee on Health and Human Services and the Department of Health and Human 46 |
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94 | | - | Services. 47 |
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95 | | - | SECTION 2. Effective July 1, 2025, there is appropriated from the General Fund to 48 |
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96 | | - | the Department of Health and Human Services the sum of one hundred fifty thousand dollars 49 |
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97 | | - | ($150,000) in nonrecurring funds for the 2025-2026 fiscal year to be allocated to the North 50 |
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98 | | - | Carolina Institute of Medicine to fund the study authorized by Section 1 of this act. 51 General Assembly Of North Carolina Session 2025 |
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99 | | - | House Bill 410-First Edition Page 3 |
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100 | | - | SECTION 3. Except as otherwise provided, this act is effective when it becomes 1 |
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101 | | - | law. 2 |
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| 46 | + | MAID. 34 |
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| 47 | + | (4) The social and emotional impacts on a person's family members when MAID 35 |
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| 48 | + | is available to a person as an alternative to an extended dying process. 36 |
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| 49 | + | H.B. 410 |
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| 50 | + | Mar 17, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH10005-MGa-18 |
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| 53 | + | (5) Which medications have been or are currently being used for MAID, and 1 |
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| 54 | + | whether intravenous self-administration would be an improvement over 2 |
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| 55 | + | self-ingestion through the gastrointestinal tract. 3 |
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| 56 | + | (6) The best options for healthcare providers to opt out of participating in MAID. 4 |
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| 57 | + | (7) Available data from the current MAID states that are reporting on conclusions 5 |
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| 58 | + | arising from the legalization of MAID, particularly with respect to the 6 |
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| 59 | + | effectiveness of MAID laws in providing an end-of-life option. 7 |
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| 60 | + | (8) What end-of-life options are currently available in North Carolina and 8 |
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| 61 | + | recommendations about whether MAID is an advisable additional alternative. 9 |
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| 62 | + | (9) To what extent the absence of MAID in North Carolina and other states 10 |
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| 63 | + | increases the chance that a terminally ill person will choose to commit suicide 11 |
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| 64 | + | by violent or other means. 12 |
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| 65 | + | (10) Developments in MAID legislation since Oregon's 1997 Death with Dignity 13 |
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| 66 | + | Act and recommendations about what safeguards are essential to ensure that 14 |
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| 67 | + | only mentally competent, terminally ill persons are seeking MAID and that 15 |
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| 68 | + | they are seeking MAID without coercion or undue pressure; and, by contrast, 16 |
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| 69 | + | which current safeguards have become redundant and are no longer needed. 17 |
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| 70 | + | (11) Using data from current MAID states, the number of people who would likely 18 |
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| 71 | + | utilize MAID if it became legal in North Carolina. 19 |
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| 72 | + | (12) In current MAID states, whether there are indications that individuals have 20 |
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| 73 | + | been coerced into using MAID. 21 |
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| 74 | + | (13) In current MAID states, the implementation impact of MAID on healthcare 22 |
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| 75 | + | systems, institutions, and providers. 23 |
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| 76 | + | (14) In current MAID states, the impact of MAID on awareness or utilization of 24 |
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| 77 | + | hospice and palliative care as an alternative to MAID. 25 |
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| 78 | + | (15) The reasons why approximately one-third of the persons who apply for and 26 |
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| 79 | + | receive MAID drugs decide not to take them, including whether there are 27 |
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| 80 | + | psychological benefits to having MAID as a legal option even if people 28 |
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| 81 | + | ultimately decide against using or even applying for MAID. 29 |
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| 82 | + | (16) The percentage of eligible terminally ill, mentally competent persons in each 30 |
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| 83 | + | United States jurisdiction where MAID is legal who do, in fact, avail 31 |
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| 84 | + | themselves of this law. 32 |
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| 85 | + | (17) Any other areas the Department deems relevant or helpful to determining 33 |
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| 86 | + | whether to legalize MAID in North Carolina. 34 |
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| 87 | + | SECTION 1.(b) The North Carolina Institute of Medicine (NCIOM) shall, prior to 35 |
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| 88 | + | submitting the report required by subsection (c) of this section, conduct at least one public hearing 36 |
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| 89 | + | to ensure the general public has an opportunity to provide the NCIOM with comments regarding 37 |
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| 90 | + | the advantages and disadvantages of legalizing MAID in North Carolina. The NCIOM shall 38 |
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| 91 | + | provide at least 15 days' advance notice of a public hearing conducted pursuant to this subsection. 39 |
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| 92 | + | All interested persons shall be heard at the public hearing. 40 |
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| 93 | + | SECTION 1.(c) By April 1, 2027, the North Carolina Institute of Medicine shall 41 |
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| 94 | + | report its findings and any recommendations with respect to legalizing MAID in North Carolina, 42 |
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| 95 | + | including any recommendations regarding proposed legislation, to the Joint Legislative 43 |
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| 96 | + | Oversight Committee on Health and Human Services and the Department of Health and Human 44 |
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| 97 | + | Services. 45 |
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| 98 | + | SECTION 2. Effective July 1, 2025, there is appropriated from the General Fund to 46 |
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| 99 | + | the Department of Health and Human Services the sum of one hundred fifty thousand dollars 47 |
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| 100 | + | ($150,000) in nonrecurring funds for the 2025-2026 fiscal year to be allocated to the North 48 |
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| 101 | + | Carolina Institute of Medicine to fund the study authorized by Section 1 of this act. 49 |
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| 102 | + | SECTION 3. Except as otherwise provided, this act is effective when it becomes 50 |
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| 103 | + | law. 51 |
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