2023 -- S 0793 SUBSTITUTE A
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LC001724/SUB A
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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 S UBSTANCES 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
SECTION 2. This act shall take effect upon passage. 3
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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 2016 CDC Guideline for Prescribing Opioids for Chronic Pain 1
with the 2022 CDC Clinical Practice Guideline for Prescribing Opioids for Pain. 2
This act would take effect upon passage. 3
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