2023 -- S 0793
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT
Introduced By: Senators Lawson, DiMario, Miller, Lauria, Murray, Euer, Britto, and
Cano
Date Introduced: March 23, 2023
Referred To: Senate Health & Human Services
It is enacted by the General Assembly as follows:
SECTION 1. Section 21-28-3.20.1 of the General Laws in Chapter 21-28 entitled "Uniform 1
Controlled Substances Act" is hereby amended to read as follows: 2
21-28-3.20.1. Authority of practitioner to prescribe, administer, and dispense — 3
Cancer, palliative care and chronic intractable pain. 4
(a) A practitioner, in good faith and in the course of his or her professional practice 5
managing pain associated with a cancer diagnosis, palliative or nursing home care, intractable or 6
chronic intractable pain as provided in § 5-37.4-2, or other condition allowed by department of 7
health regulations pursuant to the exception in § 21-28-3.20(d), may prescribe, administer, and 8
dispense controlled substances without regard to the 2016 CDC Guideline for Prescribing Opioids 9
for Chronic Pain CDC Clinical Practice Guideline for Prescribing Opioids for Pain--United States, 10
2022. 11
(b) The director of health may promulgate those rules and regulations necessary to 12
effectuate the provisions of this section and ensure that rules governing pain management 13
associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic 14
intractable pain as provided in § 5-37.4-2, or other condition allowed by department of health 15
regulations pursuant to the exception created in § 21-28-3.20(d), shall: 16
(1) Take into consideration the individualized needs of patients covered by this section; 17
and 18
(2) Make provisions for practitioners, acting in good faith, and in the course of their 19
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profession, and managing pain associated with their patients’ illness to use their best judgment 1
notwithstanding any statute, rule, or regulation to the contrary. 2
(c) In accordance with the rules and regulations necessary to effectuate the provisions of 3
this section: 4
(1) No podiatric physician and surgeon licensed under this chapter acting in good faith may 5
be subject to criminal or civil liability, or disciplinary action by the board or department for 6
prescribing opioid drugs for legitimate medical purposes in the course of professional practice to a 7
patient with chronic pain who in consultation with their practitioner has deemed an opioid 8
prescription medically appropriate and has signed a written informed consent that is documented 9
in the patient's medical records. 10
(2) No dentist licensed under this chapter acting in good faith may be subject to criminal 11
or civil liability, or disciplinary action by the commission or department of health for prescribing 12
opioid drugs for legitimate medical purposes in the course of professional practice to a patient with 13
chronic pain who in consultation with their practitioner has deemed an opioid prescription 14
medically appropriate and has signed a written informed consent that is documented in the patient's 15
medical records. 16
(3) No osteopathic physician and surgeon licensed under this chapter acting in good faith 17
may be subject to criminal or civil liability, or disciplinary action by the board or department for 18
prescribing opioid drugs for legitimate medical purposes in the course of professional practice to a 19
patient with chronic pain who in consultation with their practitioner has deemed an opioid 20
prescription medically appropriate and has signed a written informed consent that is documented 21
in the patient's medical records. 22
(4) No pharmacist licensed under this chapter acting in good faith may be subject to 23
criminal or civil liability, or disciplinary action by the commission or department for dispensing 24
prescription opioid drugs, after confirming that a prescription is valid, if the prescription opioid 25
drugs were prescribed for legitimate medical purposes in the course of professional practice to a 26
patient with chronic pain who has presented such a prescription and has been provided with 27
consultation. 28
(5) No physician licensed under this chapter acting in good faith may be subject to criminal 29
or civil liability, or disciplinary action by the commission or department of health for prescribing 30
opioid drugs for legitimate medical purposes in the course of professional practice to a patient with 31
chronic pain who in consultation with their practitioner has deemed an opioid prescription 32
medically appropriate and has signed a written informed consent that is documented in the patient's 33
medical records. 34
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(6) No physician assistant licensed under this chapter acting in good faith may be subject 1
to criminal or civil liability, or disciplinary action by the commission or department for prescribing 2
opioid drugs for legitimate medical purposes in the course of professional practice to a patient with 3
chronic pain who in consultation with their practitioner has deemed an opioid prescription 4
medically appropriate and has signed a written informed consent that is documented in the patient's 5
medical records. 6
(7) No advanced registered nurse practitioner licensed under this chapter may be subject to 7
criminal or civil liability, or disciplinary action by the commission or department for prescribing 8
opioid drugs for legitimate medical purposes in the course of professional practice to a patient with 9
chronic pain who in consultation with their practitioner has deemed an opioid prescription 10
medically appropriate and has signed a written informed consent that is documented in the patient's 11
medical records. 12
SECTION 2. This act shall take effect upon passage. 13
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED S UBSTANCES ACT
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This act would replace the reference guide “2016 CDC Guideline for prescribing Opioids 1
for Chronic Pain” with “2022 CDC Guideline for prescribing Opioids for Chronic Pain”. This act 2
would also exempt podiatric physicians, dentists, osteopathic physicians, pharmacists, physicians, 3
physician assistants and registered nurse practitioners from criminal and civil liability or 4
disciplinary action for prescribing medically appropriate opioids. 5
This act would take effect upon passage. 6
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