Req. No. 2981 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) SENATE BILL 1772 By: Hicks AS INTRODUCED An Act relating to public health; establishing the Oklahoma Rare Disease Advisory Council ; stating purpose and activities of the Council; providing appointment procedures and membership requirements; requiring submission of certain annual report; specifying duration of membership terms; providing for filling of vacancies; defining term; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-451 of Title 63, unless there is created a duplication in numberin g, reads as follows: A. The Oklahoma Rare Disease Advisory Council shall be established within the State Department of Health in accordance with this section. B. The purpose of the Council shall be to provide guidance and recommendations to educate the public, the Legislature , and other state agencies, as appropriate, on the needs of individuals with rare diseases living in this state. Req. No. 2981 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The Council shall conduct the following activities to benefit those impacted by rare diseases in this state: 1. Convene public hearings, make inquiries, and solicit comments from the general public in Oklahoma to assist the Council with a first-year landscape or survey of the needs of rare disease patients, caregivers, and providers in the state ; 2. Provide testimony and comments on pending legislation and regulations before the Legislature , if called, and other state agencies that impact Oklahoma ’s rare disease community ; 3. Consult with experts on rare diseases to develop policy recommendations to improve patient acc ess to, and quality of, rare disease specialists, affordable and comprehensive health care coverage, relevant diagnostics, timely treatment, and other needed services; 4. Establish best practices and proto cols to include in state planning related to natural disasters, public health emergencies, or other emergency declarations to enable continuity of care for rare disease patients and ensure safeguards against discrimination for rare disease patients are in place ; 5. Identify areas of unmet need for resear ch and opportunities for collaboration across stakeholders and other state rare disease advisory councils that can inform future studies and work done by the Council; and Req. No. 2981 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. Research and identify best prac tices to reduce health disparities and achieve health equity in the research, diagnosis , and treatment of rare disease in this state. D. 1. The Council’s appointment process shall be conducted in a transparent manner to provide interested individuals an opportunity to apply for membership on the Council. All members of the Council shall be full -time residents of this state as practicable. Membership shall include a diverse set of stakeholders representative of the geographic and population diversity of the state. 2. The Governor shall appoint the chair of the Council not later than December 1, 2024 . The chair shall not hold any position within the government of this state. 3. The Chair shall appoint no fewer than seventeen (17) members, including the following : a. one representative of an academic research institution in the state that receives any grant funding for rare disease research, b. one representative of the State Department of Health ’s Office of Minority Health and Health Equity or successor division, c. one representative of the Oklahoma Health Care Authority, d. one representative of the Insurance Department, Req. No. 2981 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. one Registered Nurse or Advanced Practice Registered Nurse licensed and practicing in this state with experience treating rare diseases , f. one physician practicing in this state with experience treating rare diseases , g. one geneticist or genetic counselor , h. one hospital administrator, or his or her designee, from a hospital in this state that provides care to persons diagnosed with a rare disease, i. at least two patients who hav e a rare disease, j. at least one caregiver of a person w ith a rare disease, k. one representative of a rare disease patient organization that operates in this state, l. one pharmacist with experience dispensing drugs used to treat rare diseases, m. one representative of the biopharma ceutical industry, n. one representative of a health plan company , o. one member of the scientific community who is engaged in rare disease research including, but not limited to, a medical researcher with experience conducting research on rare diseases , and p. one mental health prov ider with experience t reating rare disease patients in this state. Req. No. 2981 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. 1. The Council shall electronically submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor within one year of establishment of the Oklahoma Rare Disease Advisory Council and annually thereafter. Prior to submission, a draft of t he annual report shall be made available for public comment and d iscussed at an open pu blic meeting. 2. Annual reports shall: a. describe the activities and p rogress of the Council under this section, and b. provide recommendations to the Legislature and Governor on ways to address the needs of people living with rare diseases in this state. F. 1. The initial meeting of the Council shall occur no later than February 1, 202 5. Thereafter, the Council shall meet no less than quarterly. 2. The Council shall: a. provide opportunities for the public to hear updates and provide input into its work, and b. create and maintain a public website where meeting minutes, notices of upcoming meetings, and public comments may be submitted. G. 1. The Governor shall appoint the chair for an initial term of three (3) years. At the end of the chair’s initial three-year Req. No. 2981 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 term, and every two (2) years thereafter, members of the Council shall elect, by a majority vote, a new chair. 2. Council members shall serve no longer than three (3) years, except that, to facilitate a staggered rotation of members to reta in continuity and knowledge transfer, during the initial five (5) years after the establishment of the Council, members may serve up to a four-year term. 3. If a vacancy occurs, the Council, by a majority vote, shall fill such vacancy in a time ly manner and in compliance with requirements set forth in subsection D of this section . H. As used in this section, “rare disease”, sometimes called an orphan disease, means a disease that affects fewer than two hundred thousand (200,000) people in the United States. SECTION 2. This act shall become effective November 1, 2024 . 59-2-2981 DC 1/17/2024 12:31:31 PM