State Codes and Statutes
Statutes > Rhode-island > Title-21 > Chapter-21-28-6 > 21-28-6-5SECTION 21-28.6-5
§ 21-28.6-5 Department to issueregulations. – (a) Not later than ninety (90) days after the effective date of this chapter,the department shall promulgate regulations governing the manner in which itshall consider petitions from the public to add debilitating medical conditionsto those included in this chapter. In considering such petitions, thedepartment shall include public notice of, and an opportunity to comment in apublic hearing, upon such petitions. The department shall, after hearing,approve or deny such petitions within one hundred eighty (180) days ofsubmission. The approval or denial of such a petition shall be considered afinal department action, subject to judicial review. Jurisdiction and venue forjudicial review are vested in the superior court. The denial of a petitionshall not disqualify qualifying patients with that condition, if they have adebilitating medical condition. The denial of a petition shall not prevent aperson with the denied condition from raising an affirmative defense.
(b) Not later than ninety (90) days after the effective dateof this chapter, the department shall promulgate regulations governing themanner in which it shall consider applications for and renewals of registryidentification cards for qualifying patients and primary caregivers. Thedepartment's regulations shall establish application and renewal fees thatgenerate revenues sufficient to offset all expenses of implementing andadministering this chapter. The department may vary the application and renewalfees along a sliding scale that accounts for a qualifying patient's orcaregiver's income. The department may accept donations from private sources inorder to reduce the application and renewal fees.
