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4 | 4 | | |
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5 | 5 | | 2025 -- H 5023 |
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6 | 6 | | ======== |
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7 | 7 | | LC000507 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HEALTH AND SAFETY -- RARE DISEASE ADVISORY COUNCIL |
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16 | 16 | | Introduced By: Representatives Kennedy, Spears, Diaz, Donovan, Cotter, Carson, |
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17 | 17 | | Azzinaro, Kazarian, Edwards, and Serpa |
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18 | 18 | | Date Introduced: January 10, 2025 |
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19 | 19 | | Referred To: House Health & Human Services |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Legislative findings. 1 |
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24 | 24 | | The general assembly hereby finds and declares: 2 |
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25 | 25 | | (1) A rare disease, sometimes called an orphan disease, is defined as a disease that affects 3 |
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26 | 26 | | fewer than 200,000 people in the United States. 4 |
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27 | 27 | | (2) There are more than 7,000 known rare diseases affecting approximately 25-30 million 5 |
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28 | 28 | | Americans, more than half of which are children. 6 |
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29 | 29 | | (3) More than 90% of rare diseases do not have a Food and Drug Administration (FDA) 7 |
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30 | 30 | | approved treatment. 8 |
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31 | 31 | | (4) While the exact cause for many rare diseases remains unknown, many rare diseases are 9 |
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32 | 32 | | genetic in origin and can be linked to mutations in a single gene or in multiple genes, which can be 10 |
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33 | 33 | | passed down from generation to generation. 11 |
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34 | 34 | | (5) People with rare diseases face many challenges, including delays in obtaining an 12 |
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35 | 35 | | accurate diagnosis, finding a health care provider with expertise in their condition, and a lack of 13 |
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36 | 36 | | affordable access to therapies and medication used to treat rare diseases. 14 |
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37 | 37 | | (6) A state-based advisory council composed of qualified professionals and persons living 15 |
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38 | 38 | | with rare diseases and their caregivers could educate medical professionals, government agencies, 16 |
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39 | 39 | | legislators, and the public about rare diseases as an important public health issue and encourage 17 |
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40 | 40 | | research into the development of new ways to diagnose and treat rare diseases. 18 |
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41 | 41 | | SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000507 - Page 2 of 6 |
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45 | 45 | | amended by adding thereto the following chapter: 1 |
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46 | 46 | | CHAPTER 87.1 2 |
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47 | 47 | | RARE DISEASE ADVISORY COUNCIL 3 |
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48 | 48 | | 23-87.1-1. Short title. 4 |
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49 | 49 | | This chapter shall be known and may be cited as the "Rare Disease Advisory Council." 5 |
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50 | 50 | | 23-87.1-2. Establishment. 6 |
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51 | 51 | | (a) There is established in the department of health the office of rare disease advisory 7 |
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52 | 52 | | council. 8 |
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53 | 53 | | (b) The purpose of the council is to provide guidance and recommendations to educate the 9 |
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54 | 54 | | public, legislature, as well as other government agencies, on the needs of individuals with rare 10 |
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55 | 55 | | diseases living in Rhode Island. 11 |
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56 | 56 | | (c) The council shall conduct the following activities to benefit those impacted by rare 12 |
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57 | 57 | | diseases in Rhode Island. The duties of the council shall include: 13 |
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58 | 58 | | (1) Convene public hearings, make inquiries, and solicit comments from the general public 14 |
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59 | 59 | | in Rhode Island to assist the council with a first-year landscape or survey of the needs of rare 15 |
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60 | 60 | | disease patients, caregivers, and providers in the state. 16 |
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61 | 61 | | (2) Provide testimony and comments on pending legislation and regulations before the 17 |
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62 | 62 | | legislature and other state agencies that impact Rhode Island's rare disease community. 18 |
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63 | 63 | | (3) Consult with experts on rare diseases to develop policy recommendations to improve 19 |
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64 | 64 | | patient access to, and quality of, rare disease specialists, affordable and comprehensive health care 20 |
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65 | 65 | | coverage, relevant diagnostics, timely treatment and other needed services. 21 |
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66 | 66 | | (4) Research and make recommendations to state agencies and insurers that provide 22 |
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67 | 67 | | services to persons with a rare disease on the impact of prior authorization, cost-sharing, tiering, or 23 |
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68 | 68 | | other utilization management procedures on the provision of treatment and care for patients. 24 |
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69 | 69 | | (5) Establish best practices and protocols to include in-state planning related to natural 25 |
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70 | 70 | | disasters, public health emergencies or other emergency declarations to enable continuity of care 26 |
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71 | 71 | | for rare disease patients and ensure safeguards against discrimination for rare disease patients are 27 |
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72 | 72 | | in place. 28 |
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73 | 73 | | (6) Evaluate and make recommendations to implement improvements to newborn infant 29 |
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74 | 74 | | screening programs. 30 |
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75 | 75 | | (7) Evaluate and make recommendations to improve Medicaid coverage of drugs for rare 31 |
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76 | 76 | | disease patients, including engagement with the drug utilization review board, to improve coverage 32 |
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77 | 77 | | of diagnostics, and facilitate access to necessary healthcare providers with expertise in the treatment 33 |
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78 | 78 | | of rare diseases. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000507 - Page 3 of 6 |
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82 | 82 | | (8) Publish a list of existing, publicly accessible resources on research, diagnosis, 1 |
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83 | 83 | | treatment, and education relating to the rare diseases on the council's website. For purposes of this 2 |
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84 | 84 | | chapter, "rare disease" or "orphan disease" means a disease that affects fewer than two hundred 3 |
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85 | 85 | | thousand (200,000) people in the United States. 4 |
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86 | 86 | | (9) Identify areas of unmet need for research and opportunities for collaboration across 5 |
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87 | 87 | | stakeholders that can inform future studies and reports by the council. 6 |
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88 | 88 | | (10) Identify and distribute educational resources for health care providers to foster 7 |
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89 | 89 | | recognition and optimize treatment of rare diseases. 8 |
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90 | 90 | | (11) Research and identify best practices to reduce health disparities and achieve health 9 |
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91 | 91 | | equity in the research, diagnosis and treatment of rare diseases. 10 |
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92 | 92 | | (12) Research and identify best practices to ensure continuity of care for rare disease 11 |
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93 | 93 | | patients transitioning from child/youth services to adult care. 12 |
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94 | 94 | | 23-87.1-3. Membership of council. 13 |
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95 | 95 | | (a) All members of the council shall be full-time residents of Rhode Island and membership 14 |
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96 | 96 | | shall include a diverse set of stakeholders. 15 |
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97 | 97 | | (b) The governor shall appoint all members and shall designate a chair of the council within 16 |
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98 | 98 | | thirty (30) days of enactment. The chair shall not hold any position within the government of Rhode 17 |
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99 | 99 | | Island and shall serve for a term of three (3) years. 18 |
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100 | 100 | | (c) The governor shall appoint the following members: 19 |
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101 | 101 | | (1) One representative from academic research institutions in the state that receives any 20 |
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102 | 102 | | grant funding for rare disease research; 21 |
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103 | 103 | | (2) One representative from the Rhode Island department of health's office of minority 22 |
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104 | 104 | | health; 23 |
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105 | 105 | | (3) One representative from the Rhode Island Medicaid agency; 24 |
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106 | 106 | | (4) One representative from the Rhode Island department of business regulation insurance 25 |
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107 | 107 | | division; 26 |
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108 | 108 | | (5) One registered nurse or advanced practice registered nurse licensed and practicing in 27 |
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109 | 109 | | Rhode Island with experience treating rare diseases; 28 |
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110 | 110 | | (6) One physician practicing in Rhode Island with experience treating rare diseases; 29 |
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111 | 111 | | (7) One hospital administrator, or designee, from a hospital in Rhode Island that provides 30 |
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112 | 112 | | care to persons diagnosed with a rare disease; 31 |
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113 | 113 | | (8) At least two (2) patients who have a rare disease; 32 |
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114 | 114 | | (9) At least one caregiver of a person with a rare disease; 33 |
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115 | 115 | | (10) One representative of a rare disease patient organization that operates in Rhode Island; 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC000507 - Page 4 of 6 |
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119 | 119 | | (11) A pharmacist with experience dispensing drugs used to treat rare diseases; 1 |
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120 | 120 | | (12) A representative of the biopharma industry; 2 |
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121 | 121 | | (13) A representative of a health plan company; and 3 |
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122 | 122 | | (14) A member of the scientific community who is engaged in rare disease research, 4 |
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123 | 123 | | including, but not limited to, a medical researcher with experience conducting research on rare 5 |
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124 | 124 | | diseases. 6 |
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125 | 125 | | 23-87.1-4. Terms and vacancies for council members. 7 |
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126 | 126 | | (a) Term of members. Council members shall serve no longer than three (3) years, except 8 |
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127 | 127 | | that, to facilitate a staggered rotation of members to retain continuity and knowledge transfer, 9 |
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128 | 128 | | during the initial five (5) years after the establishment of the council, members may serve up to a 10 |
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129 | 129 | | four (4) year term. 11 |
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130 | 130 | | (b) Vacancy. If a vacancy occurs, the vacancy shall be filled in a like manner as required 12 |
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131 | 131 | | pursuant to this section. 13 |
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132 | 132 | | 23-87.1-5. Reporting requirements. 14 |
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133 | 133 | | (a) The council shall submit a report to the governor, the speaker of the house and the 15 |
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134 | 134 | | president of the senate, and the chairs of the house and senate health and finance committees within 16 |
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135 | 135 | | one year of enactment of the council and annually thereafter. Prior to submission, a draft of the 17 |
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136 | 136 | | annual report shall be made available for public comment and discussed at an open public meeting. 18 |
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137 | 137 | | (b) Annual reports shall: 19 |
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138 | 138 | | (1) Describe the activities and progress of the council under this section; 20 |
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139 | 139 | | (2) Provide an update on the status of funding of the council; and 21 |
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140 | 140 | | (3) Provide recommendations to the governor and legislature on ways to address the needs 22 |
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141 | 141 | | of people living with rare diseases in the state. 23 |
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142 | 142 | | 23-87.1-6. Funding for council. 24 |
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143 | 143 | | (a) The council members may solicit funds on behalf of the council. 25 |
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144 | 144 | | (b) The council shall establish a restricted receipt account and all funds designated or raised 26 |
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145 | 145 | | by or for the advisory council shall be placed in the restricted receipt account to support the 27 |
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146 | 146 | | activities of the council necessary to carry out the provisions of this chapter. 28 |
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147 | 147 | | (c) The council shall report funding sources in the annual reports outlined in ยง 23-87.1-29 |
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148 | 148 | | 5(b). 30 |
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149 | 149 | | 23-87.1-7. Meeting requirements. 31 |
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150 | 150 | | (a) Frequency. 32 |
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151 | 151 | | (1) The initial meeting of the council shall occur within the first ninety (90) days after 33 |
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152 | 152 | | enactment. 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC000507 - Page 5 of 6 |
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156 | 156 | | (2) During the first twelve (12) months after the initial meeting, the council shall meet each 1 |
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157 | 157 | | month. 2 |
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158 | 158 | | (3) Thereafter, the council shall meet once per quarter in person or via online meeting 3 |
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159 | 159 | | platform as determined by the chair. 4 |
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160 | 160 | | (b) Notice. 5 |
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161 | 161 | | (1) The council shall, in compliance with chapter 46 of title 42 ("open meetings"): 6 |
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162 | 162 | | (i) Provide opportunities for the public to hear updates and provide input into their work; 7 |
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163 | 163 | | and 8 |
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164 | 164 | | (ii) Create and maintain a public website where meeting minutes, notices of upcoming 9 |
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165 | 165 | | meetings, and public comments can be submitted. 10 |
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166 | 166 | | SECTION 3. This act shall take effect upon passage. 11 |
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167 | 167 | | ======== |
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168 | 168 | | LC000507 |
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169 | 169 | | ======== |
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170 | 170 | | |
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171 | 171 | | |
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172 | 172 | | LC000507 - Page 6 of 6 |
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173 | 173 | | EXPLANATION |
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174 | 174 | | BY THE LEGISLATIVE COUNCIL |
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175 | 175 | | OF |
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176 | 176 | | A N A C T |
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177 | 177 | | RELATING TO HEALTH AND SAFETY -- RARE DISEASE ADVISORY COUNC IL |
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178 | 178 | | *** |
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179 | 179 | | This act would establish a rare disease advisory council within the department of health. 1 |
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180 | 180 | | The council would provide guidance and recommendations to educate health care providers and 2 |
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181 | 181 | | the citizens of the state. 3 |
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182 | 182 | | This act would take effect upon passage. 4 |
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183 | 183 | | ======== |
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184 | 184 | | LC000507 |
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185 | 185 | | ======== |
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