§ 21-28.6-5. Departments of health and business regulation to issue regulations.
(a) Not later than ninety (90) days after the effective date of this chapter, the department of health shall promulgate regulations governing the manner in which it shall consider petitions from the public to add debilitating medical conditions to those included in this chapter. In considering such petitions, the department of health shall include public notice of, and an opportunity to comment in a public hearing, upon such petitions. The department of health shall, after hearing, approve or deny such petitions within one hundred eighty (180) days of submission. The approval or denial of such a petition shall be considered a final department of health action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the superior court. The denial of a petition shall not disqualify qualifying patients with that condition, if they have a debilitating medical condition as defined in § 21-28.6-3. The denial of a petition shall not prevent a person with the denied condition from raising an affirmative defense.
(b) Not later than ninety (90) days after the effective date of this chapter, the department of health shall promulgate regulations governing the manner in which it shall consider applications for, and renewals of, registry identification cards for qualifying patients and authorized purchasers.
(c) Not later than October 1, 2019, the department of business regulation shall promulgate regulations not inconsistent with law, to carry into effect the provisions of this section, governing the manner in which it shall consider applications for, and renewals of, registry identification cards for primary caregivers.
(d) On and after December 1, 2022, no fee shall be charged for application, registration or renewal of an identification card for a patient or primary caregiver pursuant to the provisions of this section. Registry identification cards for qualifying patients, authorized purchasers and primary caregivers shall be issued without charge.
History of Section.
P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007,
ch. 495, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1; P.L. 2016, ch. 142,
art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5; P.L. 2022, ch. 31, § 5, effective May
25, 2022; P.L. 2022, ch. 32, § 5, effective May 25, 2022.