Chapter 332
2013 -- H 5204 AS AMENDED
Enacted 07/15/13
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
It is enacted by the
General Assembly as follows:
SECTION 1. Title 23 of the General Laws entitled
"HEALTH AND SAFETY" is hereby
amended by adding thereto the following chapter:
CHAPTER
89
THE
23-89-1.
Establishment of advisory council - Purposes. -- (a) There is hereby
authorized, created and established a nine (9) member advisory
council to be known as "The
department of health with the powers and duties set forth in
this chapter.
(b) The director of
the department of health shall appoint nine (9) members to the council
who shall have expertise in various aspects of palliative
care including, but not limited to,
medical, nursing, social work, pharmacy and spiritual; and
patient and family caregivers.
Membership shall specifically include experience in
palliative care in a variety of inpatient,
outpatient and community settings such as acute care, long-term
care and hospice and with a
variety of populations including pediatric, youth and adult
care. One (1) council member shall be
a designee of the
executive of a licensed homecare agency or their designee. At
least two (2) council members
shall be board-certified hospice and palliative medicine
physicians and/or nurses. Members shall
serve for a term of three (3) years. Members shall receive
no compensation for their services.
(c) The
shall consult with and advise the department of health on
matters related to the establishment,
maintenance, operation, and outcomes evaluation of palliative
care initiatives in the state.
23-89-2.
Establishment of palliative care consumer and professional information
and education program. -- (a) There is hereby created and established a
statewide "Palliative
Care Consumer and Professional Information and
Education Program" within the department of
health.
(b) The purpose of
the palliative care consumer and professional information and
education program shall be to maximize the effectiveness of
palliative care initiatives in the state
by ensuring that comprehensive and accurate information
and education about palliative care is
available to the public, healthcare providers, and healthcare
facilities.
(c) The department of
health shall publish on its website information and resources,
including links to external resources, about palliative care
delivery for the public, healthcare
providers, and healthcare facilities. This shall include, but
not limited to, continuing educational
opportunities for healthcare providers; information about
palliative care delivery in the home,
primary, secondary, and tertiary environments; best practices
for palliative care delivery; and
consumer educational materials and referral information for
palliative care, including hospice.
(d) The department of
health may develop and implement any other initiatives regarding
palliative care services and education that the director
determines would further the purposes of
this subsection.
(e) The department
shall consult with the palliative care and quality of life
interdisciplinary advisory council in implementing this section.
23-89-3. Access to palliative care. -- (a) As used in this section, the following terms
shall have the following meanings:
(1)
"Appropriate" means consistent with applicable legal, health and
professional
standards, the patient's clinical and other circumstances, and
the patient's reasonably known
wishes and beliefs.
(2) "Medical
care" means services provided, requested, or supervised by a physician or
advanced practice nurse.
(3) "Palliative
care" means patient and family centered medical care that optimizes
quality of life by anticipating, preventing, and treating
suffering caused by serious illness.
Palliative care throughout the continuum of illness
involves addressing physical, emotional,
social, and spiritual needs and facilitating patient
autonomy, access to information, and choice.
Palliative care includes, but is not limited to,
discussions of the patient's goals for treatment;
discussion of treatment options appropriate to the patient,
including, where appropriate, hospice
care; and comprehensive pain and symptom management.
(4) "Serious
illness" means any medical illness or physical injury or condition that
substantially impacts quality of life for more than a short period
of time. Serious illness includes,
but is not limited to, cancer; heart, renal or liver
failure; lung disease; and Alzheimer's disease
and related dementias.
(b) On or before
January 1, 2015, all healthcare organizations which required a license to
operate shall:
(1) Consult with the organization's physicians to educate them on how to provide
information about appropriate palliative care services for those patients or residents with serious
illnesses, who, in their professional medical opinion, would benefit from them.
(c) The department
shall carry out this section with the consultation of the palliative care
and quality of life interdisciplinary advisory council.
(d) In carrying out
this section, the department shall take into account factors that may
impact the development of such a system and its ability to
facilitate access to palliative care,
including the size of the healthcare organization; access and
proximity to palliative care services,
including the availability of hospice and palliative care
board-certified practitioners and related
workforce staff; and geographic factors.
SECTION 2. This act shall take effect upon passage.
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LC00393
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