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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 6490 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC003161 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT |
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| 16 | 16 | | Introduced By: Representatives DeSimone, McGaw, Cardillo, Craven, Caldwell, and |
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| 17 | 17 | | Sanchez |
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| 18 | 18 | | Date Introduced: June 07, 2023 |
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| 19 | 19 | | Referred To: House Health & Human Services |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 21-28-3.20.1 of the General Laws in Chapter 21-28 entitled "Uniform 1 |
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| 24 | 24 | | Controlled Substances Act" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 21-28-3.20.1. Authority of practitioner to prescribe, administer, and dispense — 3 |
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| 26 | 26 | | Cancer, palliative care and chronic intractable pain. 4 |
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| 27 | 27 | | (a) A practitioner, in good faith and in the course of his or her professional practice 5 |
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| 28 | 28 | | managing pain associated with a cancer diagnosis, palliative or nursing home care, intractable or 6 |
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| 29 | 29 | | chronic intractable pain as provided in § 5-37.4-2, or other condition allowed by department of 7 |
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| 30 | 30 | | health regulations pursuant to the exception in § 21-28-3.20(d), may prescribe, administer, and 8 |
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| 31 | 31 | | dispense controlled substances without regard to the 2016 CDC Guideline for Prescribing Opioids 9 |
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| 32 | 32 | | for Chronic Pain CDC Clinical Practice Guideline for Prescribing Opioids for Pain--United States, 10 |
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| 33 | 33 | | 2022. 11 |
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| 34 | 34 | | (b) The director of health may promulgate those rules and regulations necessary to 12 |
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| 35 | 35 | | effectuate the provisions of this section and ensure that rules governing pain management 13 |
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| 36 | 36 | | associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic 14 |
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| 37 | 37 | | intractable pain as provided in § 5-37.4-2, or other condition allowed by department of health 15 |
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| 38 | 38 | | regulations pursuant to the exception created in § 21-28-3.20(d), shall: 16 |
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| 39 | 39 | | (1) Take into consideration the individualized needs of patients covered by this section; 17 |
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| 40 | 40 | | and 18 |
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| 41 | 41 | | (2) Make provisions for practitioners, acting in good faith, and in the course of their 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC003161 - Page 2 of 3 |
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| 45 | 45 | | profession, and managing pain associated with their patients’ illness to use their best judgment 1 |
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| 46 | 46 | | notwithstanding any statute, rule, or regulation to the contrary. 2 |
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| 47 | 47 | | SECTION 2. This act shall take effect upon passage. 3 |
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| 48 | 48 | | ======== |
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| 49 | 49 | | LC003161 |
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| 50 | 50 | | ======== |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | LC003161 - Page 3 of 3 |
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| 54 | 54 | | EXPLANATION |
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| 55 | 55 | | BY THE LEGISLATIVE COUNCIL |
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| 56 | 56 | | OF |
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| 57 | 57 | | A N A C T |
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| 58 | 58 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED S UBSTANCES ACT |
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| 59 | 59 | | *** |
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| 60 | 60 | | This act would replace the 2016 CDC Guideline for Prescribing Opioids for Chronic Pain 1 |
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| 61 | 61 | | with the 2022 CDC Clinical Practice Guideline for Prescribing Opioids for Pain. 2 |
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| 62 | 62 | | This act would take effect upon passage. 3 |
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| 63 | 63 | | ======== |
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| 64 | 64 | | LC003161 |
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| 65 | 65 | | ======== |
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