2013 -- H 5204

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LC00393

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - STATE PALLIATIVE CARE AND QUALITY OF

LIFE ACT

     Introduced By: Representatives McNamara, Bennett, Palumbo, Serpa, and Malik

     Date Introduced: January 30, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 88

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THE RHODE ISLAND PALLIATIVE CARE AND QUALITY OF LIFE ACT

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     23-88-1. Establishment of advisory council - Purposes. -- (a) There is hereby

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authorized, created and established a seven (7) member advisory council to be known as "The

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Rhode Island Palliative Care and Quality of Life Interdisciplinary Advisory Council" within the

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department of health with the powers and duties set forth in this chapter.

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     (b) The director of the department of health shall appoint seven (7) members to the

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council who shall have expertise in various aspects of palliative care including, but not limited to,

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medical, nursing, social work, pharmacy and spiritual; and patient and family caregivers.

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Membership shall specifically include experience in palliative care in a variety of inpatient,

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outpatient and community settings such as acute care, long-term care and hospice and with a

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variety of populations including pediatric, youth and adult care. At least two (2) council members

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shall be board-certified hospice and palliative medicine physicians and/or nurses. Members shall

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serve for a term of three (3) years. Members shall receive no compensation for their services.

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     (c) The Rhode Island palliative care and quality of life interdisciplinary advisory council

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shall consult with and advise the department of health on matters related to the establishment,

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maintenance, operation, and outcomes evaluation of palliative care initiatives in the state.

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     23-88-2. Establishment of palliative care consumer and professional information

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and education program. -- (a) There is hereby created and established a statewide "Palliative

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Care Consumer and Professional Information and Education Program" within the department of

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health.

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     (b) The purpose of the palliative care consumer and professional information and

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education program shall be to maximize the effectiveness of palliative care initiatives in the state

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by ensuring that comprehensive and accurate information and education about palliative care is

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available to the public, healthcare providers, and healthcare facilities.

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     (c) The department of health shall publish on its website information and resources,

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including links to external resources, about palliative care delivery for the public, healthcare

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providers, and healthcare facilities. This shall include, but not limited to, continuing educational

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opportunities for healthcare providers; information about palliative care delivery in the home,

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primary, secondary, and tertiary environments; best practices for palliative care delivery; and

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consumer educational materials and referral information for palliative care, including hospice.

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     (d) The department of health may develop and implement any other initiatives regarding

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palliative care services and education that the director determines would further the purposes of

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this chapter.

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     (e) The department shall consult with the palliative care and quality of life

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interdisciplinary advisory council in implementing this section.

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     23-88-3. Access to palliative care. -- (a) As used in this section, the following terms

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shall have the following meanings:

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     (1) "Appropriate" means consistent with applicable legal, health and professional

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standards, the patient's clinical and other circumstances, and the patient's reasonably known

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wishes and beliefs.

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     (2) "Medical care" means services provided, requested, or supervised by a physician or

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advanced practice nurse.

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     (3) "Palliative care" means patient and family centered medical care that optimizes

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quality of life by anticipating, preventing, and treating suffering caused by serious illness.

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Palliative care throughout the continuum of illness involves addressing physical, emotional,

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social, and spiritual needs and facilitating patient autonomy, access to information, and choice.

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Palliative care includes, but is not limited to, discussions of the patient's goals for treatment;

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discussion of treatment options appropriate to the patient, including, where appropriate, hospice

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care; and comprehensive pain and symptom management.

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     (4) "Serious illness" means and medical illness or physical injury or condition that

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substantially impacts quality of life for more than a short period of time. Serious illness includes,

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but is not limited to, cancer; heart, renal or liver failure; lung disease; and Alzheimer's disease

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and related dementias.

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     (b) On or before January 1, 2015, all healthcare organizations which required a license to

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operate shall:

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     (1) Establish a system for identifying patients or residents who could benefit from

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palliative care.

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     (2) Provide information about and facilitate access to appropriate palliative care services

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for those patients or residents with serious illness.

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     (c) The department shall carry out this section with the consultation of the palliative care

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and quality of life interdisciplinary advisory council.

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     (d) In carrying out this section, the department shall take into account factors that may

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impact the development of such a system and its ability to facilitate access to palliative care,

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including the size of the healthcare organization; access and proximity to palliative care services,

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including the availability of hospice and palliative care board-certified practitioners and related

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workforce staff; and geographic factors.

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     (e) If a healthcare organization fails to carry out the provisions of this section, the director

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of the department of health shall require the organization to provide a plan of action to bring the

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organization into compliance and may impose a civil monetary penalty.

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     SECTION 2. This act shall take effect upon passage.

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LC00393

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - STATE PALLIATIVE CARE AND QUALITY OF

LIFE ACT

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     This act would establish the "Rhode Island Palliative Care and Quality of Life

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Interdisciplinary Advisory Council" within the department of health and would require healthcare

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organizations to provide information about palliative care to appropriate patients.

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     This act would take effect upon passage.

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LC00393

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