2004 Public Health Legislation

Stroke Task Force (PL 2004 544 and PL 2004 485)
The director of health, with consent of the president of the senate and the speaker of the house, may appoint a stroke task force to serve as a statewide commission designed to coordinate efforts in stroke treatment and prevention

Dental Hygienists in Nursing Homes (PL 2004 292 and PL 2004 475)
Provides access to oral health provider by enabling dental hygienists to practice in nursing homes without the direct supervision of dentists within the scope of their training and license.

Environmental Health:

Sanitation Standards for Beaches (PL 2004 352) Adds 23-21.1
Authorizes HEALTH to create standards for bathing beaches through establishment of minimum sanitation standards for pathogens and/or pathogen indicators present in the bathing water, in order to protect the public from illnesses associated with swimming in contaminated bathing waters.

Family Health

Early Intervention (PL 2004 598, PL 2004 595 Article 42) Amends 23-13-22
Early Intervention program and staff transferred to Department of Human Services. Additional reporting requirements established.

Health Service Regulation:

Canadian Pharmacy License (PL 2004 364 and PL 2004 371)
Directs the Director of Health to license any pharmacy located in a province of Canada which maintains a valid, unexpired license, permit or registration to operate the pharmacy in compliance with the laws of said province upon payment of a license fee, as determined by the director.

Determination of Need (PL 2004 267 and PL 2004 290)
Adds two Governor appointments to the Health Services Council bringing the membership to twenty-four. The new member from the general public must maintain his or her principal residence within fifteen hundred feet (1500 ft.) of a licensed hospital.
For review and approval of new health care equipment and new institutional health services specific neighboring community input requirements are delineated.

Lyme Disease insurance coverage (PL 2004 352 and 34) Amends 5-37.5-5
The December 2004 expiration date of insurance coverage for Lyme disease treatment deleted.

Nurses (PL 2004 460 and PL 2004 289)
Adds race/ethnicity query to licensure application as an optional question. Requires appropriate confidentiality for data collected.

Nursing Pools (PL 2004 377 and PL 2004 322)
Reinstated registration, established fee and promulgation of regulations.

Small Business Administrative Procedures Act amendments (PL 2004 400, PL 2004 335)
Amends 42-35 by redefining small business to have the same meanings that are provided for under title 13, volume 1, part 121 of the Code of Federal Regulations (13 CFR 121, as may be amended from time to time). Prior to the adoption of any proposed regulation on or after January 1, 2005, each agency shall notify the governor’s office and the economic development corporation of its intent to adopt the proposed regulation. If the governor’s office or the economic development corporation shall, within fifteen (15) days of receipt of such notice, identify a proposed regulation as one that may have a significant adverse economic impact on small businesses the proposing agency shall prepare a regulatory flexibility analysis. Rules adopted after the enactment of this section shall be reviewed within six (6) years of the publication of the final rule and every five (5) years thereafter to ensure that they minimize economic impact on small businesses consistent with applicable statutes.

Veterinarians (PL 2004 241 and PL 2004 170)
The amendment adds continuing education requirements effective for all veterinary licenses issued May 2, 2007 and thereafter.

Lead Poisoning Prevention:

Lead Hazard Mitigation amended (PL 2004 221 and 223) Amends 23-24.2
Implementation of the Lead Hazard Mitigation act insurance provisions and repeal of the ‘innocent owner’ provision delayed to July 1, 2005.

Study Commissions Resolution 302 and Resolution 380
House commission established to study all issues related to lead paint poisoning, prevention and abatement with a report to the General Assembly by February 3, 2005. Joint commission established to study all aspects of the lead hazard mitigation statute with a report to the General Assembly by June 2, 2005.

Residential Lead Abatement tax relief (PL 2004 595) Adds 44-30.3
Appropriations from the general fund for property tax relief provided by the chapter are in the amount of two hundred and fifty thousand dollars ($250,000) for the year commencing on July 1, 2004, and for each subsequent fiscal year. The tax relief shall be equal to the amount actually paid for the required lead abatement or lead hazard mitigation up to a maximum of one thousand five hundred dollars ($1,500) per dwelling unit for mitigation and up to five thousand dollars ($5,000) per dwelling unit for abatement

Tobacco related:

Rhode Island Workers’ Safety Act (PL 2004 198 and 209) Adds Chapter 23-20.10
Establishes Public Health and Workplace Safety Chapter requiring all public places and nearly all places of employment to be smoke free by March 1, 2005. Certain liquor licenses granted a delayed implementation date and pari mutual facilities shall provide designated smoking and non-smoking gaming areas. The act repeals Chapter 23-20.6 Smoking in Public Places and Chapter 23-20.7 Workplace Smoking Pollution Control Act.

Tobacco Tax (PL 2004 595)
Increases tobacco tax rate on cigarettes sold from eighty-five and one-half (85.5) to one hundred twenty-three (123) mills for each cigarette. In calendar year 2004, the tax shall be measured by the number of cigarettes held by the person in this state at 12:01 a.m. on July 1, 2004 and is computed at the rate of thirty-seven and one-half (37.5) mills for each cigarette on July 1, 2004.an increase from nineteen (19.5) mills.

Quality and Accessibility:

Health Care Information, Technology and Infrastructure Development Fund (PL 2004 344, PL 2004 595)
Establishes the healthcare information technology and infrastructure development fund to be administered by the director of health for the purpose of promoting the development and adoption of healthcare information technologies designed to improve the quality, safety and efficiency of healthcare services and the security of individual patient data.

Pharmacy Freedom of Choice (PL 2004 368, PL 2004 363, PL 2004 602)
Defines restricted pharmacy network to mean an arrangement for the provision of pharmaceutical drug services to insured which requires an insured or creates a financial incentive for an insured to obtain prescription drug services from one or more participating pharmacies that have entered into a specific contractual relationship with the carrier. Defines standards for availability and accessibility of pharmacy services. An insurer must demonstrate to the director of health that pharmacy services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner enhancing availability, accessibility, and continuity of service. Establishes standards for fair competition through requirements for carriers offering pharmacy networks.

Vital Records:

Electronic Marriage License (PL 2004 258 and PL 2004 200)
Amends statute to allows the department to move to electronic marriage license and to provide fetal alcohol syndrome information.

Medicine & Health Rhode Island