Rhode Island 2025 Regular Session

Rhode Island House Bill H5615 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5615
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7	7	LC001419
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT
16	16	Introduced By: Representative Matthew S. Dawson
17	17	Date Introduced: February 26, 2025
18	18	Referred To: House Health & Human Services
19	19	(Dept. of Health)
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 21-28-1.02, 21-28-3.20 and 21-28-3.20.1 of the General Laws in 1
23	23	Chapter 21-28 entitled "Uniform Controlled Substances Act" are hereby amended to read as 2
24	24	follows: 3
25	25	21-28-1.02. Definitions. [Effective January 1, 2023; see Sunset Provision note.] 4
26	26	Unless the context otherwise requires, the words and phrases as defined in this section are 5
27	27	used in this chapter in the sense given them in the following definitions: 6
28	28	(1) “Acute pain” means the normal, predicted physiological response to a noxious 7
29	29	chemical, thermal, or mechanical stimulus and typically is associated with invasive procedures, 8
30	30	trauma, and disease. Acute pain is generally pain of less than thirty (30) days duration. 9
31	31	(1)(2) “Administer” refers to the direct application of controlled substances to the body of 10
32	32	a patient or research subject by: 11
33	33	(i) A practitioner Practitioners, or, in his or her their presence by his or her their authorized 12
34	34	agent; or 13
35	35	(ii) The patient or research subject at the direction and in the presence of the practitioner 14
36	36	whether the application is by injection, inhalation, ingestion, or any other means. 15
37	37	(2)(3) “Agent” means an authorized person who acts on behalf of, or at the direction of, a 16
38	38	manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a 17
39	39	common or contract carrier or warehouse operator when acting in the usual and lawful course of 18
40	40	the carrier’s or warehouse operator’s business. 19
41	41
42	42
43	43	LC001419 - Page 2 of 20
44	44	(3)(4) “Apothecary” means a registered pharmacist as defined by the laws of this state and, 1
45	45	where the context requires, the owner of a licensed pharmacy or other place of business where 2
46	46	controlled substances are compounded or dispensed by a registered pharmacist; and includes 3
47	47	registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be 4
48	48	construed as conferring on a person who is not registered as a pharmacist any authority, right, or 5
49	49	privilege that is not granted to him or her by the pharmacy laws of the state. 6
50	50	(4)(5) “Automated data processing system” means a system utilizing computer software 7
51	51	and hardware for the purposes of record keeping. 8
52	52	(6) “Chronic intractable pain” means pain that is: excruciating; constant; incurable, and of 9
53	53	such severity that it dominates virtually every conscious moment; and/or produces mental and 10
54	54	physical debilitation. A diagnosis and written documentation of chronic intractable pain made by a 11
55	55	physician licensed in the State of Rhode Island specializing in pain management, oncology, or 12
56	56	similar specialty defined in regulations shall constitute proof that the patient suffers from chronic 13
57	57	intractable pain. 14
58	58	(7) “Chronic pain” means pain of greater than ninety (90) days duration, excluding chronic 15
59	59	intractable pain. 16
60	60	(5)(8) “Computer” means programmable electronic device capable of multi-functions, 17
61	61	including, but not limited to: storage, retrieval, and processing of information. 18
62	62	(6)(9) “Control” means to add a drug or other substance or immediate precursor to a 19
63	63	schedule under this chapter, whether by transfer from another schedule or otherwise. 20
64	64	(7)(10) “Controlled substance” means a drug, substance, immediate precursor, or synthetic 21
65	65	drug in schedules I — V of this chapter. The term shall not include distilled spirits, wine, or malt 22
66	66	beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco. 23
67	67	(8)(11) “Co-prescribing” means issuing a prescription for an opioid antagonist along with 24
68	68	a prescription for an opioid analgesic. 25
69	69	(9)(12) “Counterfeit substance” means a controlled substance that, or the container or 26
70	70	labeling of which, without authorization bears the trademark, trade name, or other identifying mark, 27
71	71	imprint, number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, 28
72	72	other than the person or persons who in fact manufactured, distributed, or dispensed the substance 29
73	73	and that thereby falsely purports or is represented to be the product of, or to have been distributed 30
74	74	by, the other manufacturer, distributor, or dispenser, or which substance is falsely purported to be 31
75	75	or represented to be one of the controlled substances by a manufacturer, distributor, or dispenser. 32
76	76	(10)(13) “CRT” means cathode ray tube used to impose visual information on a screen. 33
77	77	(11)(14) “Deliver” or “delivery” means the actual, constructive, or attempted transfer of a 34
78	78
79	79
80	80	LC001419 - Page 3 of 20
81	81	controlled substance or imitation controlled substance, whether or not there exists an agency 1
82	82	relationship. 2
83	83	(12)(15) “Department” means the department of health of this state. 3
84	84	(13)(16) “Depressant or stimulant drug” means: 4
85	85	(i) A drug that contains any quantity of: 5
86	86	(A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; 6
87	87	and 7
88	88	(B) “Barbiturate” or “barbiturates” includes all hypnotic and/or somnifacient drugs, 8
89	89	whether or not derivatives of barbituric acid, except that this definition shall not include bromides 9
90	90	and narcotics. 10
91	91	(ii) A drug that contains any quantity of: 11
92	92	(A) Amphetamine or any of its optical isomers; 12
93	93	(B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of 13
94	94	amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them. 14
95	95	(iii) A drug that contains any quantity of coca leaves. “Coca leaves” includes cocaine, or 15
96	96	any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except 16
97	97	derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine 17
98	98	or ecgonine may be synthesized or made. 18
99	99	(iv) Any other drug or substance that contains any quantity of a substance that the attorney 19
100	100	general of the United States, or the director of health, after investigation, has found to have, or by 20
101	101	regulation designates as having, a potential for abuse because of its depressant or stimulant effect 21
102	102	on the central nervous system. 22
103	103	(14)(17) “Director” means the director of health. 23
104	104	(15)(18) “Dispense” means to deliver, distribute, leave with, give away, or dispose of a 24
105	105	controlled substance to the ultimate user or human research subject by or pursuant to the lawful 25
106	106	order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the 26
107	107	substance for that delivery. 27
108	108	(16)(19) “Dispenser” is a practitioner who delivers a controlled substance to the ultimate 28
109	109	user or human research subject. 29
110	110	(17)(20) “Distribute” means to deliver (other than by administering or dispensing) a 30
111	111	controlled substance or an imitation controlled substance and includes actual constructive, or 31
112	112	attempted transfer. “Distributor” means a person who so delivers a controlled substance or an 32
113	113	imitation controlled substance. 33
114	114	(18)(21) “Downtime” means that period of time when a computer is not operable. 34
115	115
116	116
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118	118	(19)(22) “Drug addicted person” means a person who exhibits a maladaptive pattern of 1
119	119	behavior resulting from drug use, including one or more of the following: impaired control over 2
120	120	drug use; compulsive use; and/or continued use despite harm, and craving. 3
121	121	(20)(23) “Drug Enforcement Administration” means the Drug Enforcement 4
122	122	Administration, United States Department of Justice or its successor. 5
123	123	(21)(24) “Federal law” means the Comprehensive Drug Abuse Prevention and Control Act 6
124	124	of 1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to 7
125	125	that federal act. 8
126	126	(22)(25) “Hardware” means the fixed component parts of a computer. 9
127	127	(23)(26) “Hospital” means an institution as defined in chapter 17 of title 23. 10
128	128	(24)(27) “Imitation controlled substance” means a substance that is not a controlled 11
129	129	substance, that by dosage unit, appearance (including color, shape, size, and markings), or by 12
130	130	representations made, would lead a reasonable person to believe that the substance is a controlled 13
131	131	substance and, which imitation controlled substances contain substances that if ingested, could be 14
132	132	injurious to the health of a person. In those cases when the appearance of the dosage unit is not 15
133	133	reasonably sufficient to establish that the substance is an “imitation controlled substance” (for 16
134	134	example in the case of powder or liquid), the court or authority concerned should consider, in 17
135	135	addition to all other logically relevant factors, the following factors as related to “representations 18
136	136	made” in determining whether the substance is an “imitation controlled substance”: 19
137	137	(i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in 20
138	138	control of the substance concerning the nature of the substance, or its use or effect. 21
139	139	(ii) Statements made by the owner, possessor, or transferor, to the recipient that the 22
140	140	substance may be resold for substantial profit. 23
141	141	(iii) Whether the substance is packaged in a manner reasonably similar to packaging of 24
142	142	illicit controlled substances. 25
143	143	(iv) Whether the distribution or attempted distribution included an exchange of or demand 26
144	144	for money or other property as consideration, and whether the amount of the consideration was 27
145	145	substantially greater than the reasonable value of the non-controlled substance. 28
146	146	(25)(28) “Immediate precursor” means a substance: 29
147	147	(i) That the director of health has found to be, and by regulation designated as being, the 30
148	148	principal compound used, or produced primarily for use, in the manufacture of a controlled 31
149	149	substance; 32
150	150	(ii) That is an immediate chemical intermediary used or likely to be used in the manufacture 33
151	151	of those controlled substances; and 34
152	152
153	153
154	154	LC001419 - Page 5 of 20
155	155	(iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that 1
156	156	controlled substance. 2
157	157	(26)(29) “Laboratory” means a laboratory approved by the department of health as proper 3
158	158	to be entrusted with controlled substances and the use of controlled substances for scientific and 4
159	159	medical purposes and for the purposes of instruction. 5
160	160	(27)(30) “Manufacture” means the production, preparation, propagation, cultivation, 6
161	161	compounding, or processing of a drug or other substance, including an imitation controlled 7
162	162	substance, either directly or indirectly or by extraction from substances of natural origin, or 8
163	163	independently by means of chemical synthesis or by a combination of extraction and chemical 9
164	164	synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of 10
165	165	its container in conformity with the general laws of this state except by a practitioner as an incident 11
166	166	to his or her administration or dispensing of the drug or substance in the course of his or her 12
167	167	professional practice. 13
168	168	(28)(31) “Manufacturer” means a person who manufactures but does not include an 14
169	169	apothecary who compounds controlled substances to be sold or dispensed on prescriptions. 15
170	170	(29)(32) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or 16
171	171	not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, 17
172	172	manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not 18
173	173	include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the 19
174	174	seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of 20
175	175	mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the 21
176	176	plant which is incapable of germination. Marijuana shall not include “industrial hemp” or 22
177	177	“industrial hemp products” which satisfy the requirements of chapter 26 of title 2, nor shall it 23
178	178	include products that have been approved for marketing as a prescription medication by the U.S. 24
179	179	Food and Drug Administration and legally prescribed. 25
180	180	(30)(33) “Narcotic drug” means any of the following, whether produced directly or 26
181	181	indirectly by extraction from substances of vegetable origin, or independently by means of 27
182	182	chemical synthesis or by a combination of extraction and chemical synthesis: 28
183	183	(i) Opium and opiates. 29
184	184	(ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates. 30
185	185	(iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it) 31
186	186	that is chemically identical with any of the substances referred to in subsections (30)(i) and (30)(ii). 32
187	187	(iv) Any other substance that the attorney general of the United States, or his or her 33
188	188	successor, or the director of health, after investigation, has found to have, and by regulation 34
189	189
190	190
191	191	LC001419 - Page 6 of 20
192	192	designates as having, a potential for abuse similar to opium and opiates. 1
193	193	(31)(34) “Official written order” means an order written on a form provided for that 2
194	194	purpose by the Drug Enforcement Administration under any laws of the United States making 3
195	195	provision for an official form, if order forms are authorized and required by federal law, and if no 4
196	196	order form is provided then on an official form provided for that purpose by the director of health. 5
197	197	(32) “Opiate” means any substance having an addiction-forming or addiction-sustaining 6
198	198	liability similar to morphine or being capable of conversion into a drug having addiction-forming 7
199	199	or addiction-sustaining liability. 8
200	200	(33)(35) “Opioid analgesics” means and includes, but is not limited to, the medicines 9
201	201	buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, 10
202	202	methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well 11
203	203	as their brand names, isomers, and combinations, or other medications approved by the department. 12
204	204	(34)(36) “Opioid antagonist” means naloxone hydrochloride and any other drug approved 13
205	205	by the United States Food and Drug Administration for the treatment of opioid overdose. 14
206	206	(37) “Opioid therapy” means to prescribe, administer, or dispense controlled substances 15
207	207	not prohibited by law for a therapeutic purpose to a person diagnosed and treated by a practitioner 16
208	208	for a condition by any route of administration. 17
209	209	(35)(38) “Opium poppy” means the plant of the species papaver somniferum L., except the 18
210	210	seeds of the plant. 19
211	211	(36)(39) “Ounce” means an avoirdupois ounce as applied to solids and semi-solids, and a 20
212	212	fluid ounce as applied to liquids. 21
213	213	(37)(40) “Person” means any corporation, association, partnership, or one or more 22
214	214	individuals. 23
215	215	(38)(41) “Physical dependence” means a state of adaptation that is manifested by a drug 24
216	216	class specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, 25
217	217	decreasing blood level of the drug, and/or administration of an antagonist. 26
218	218	(39)(42) “Poppy straw” means all parts, except the seeds, of the opium poppy, after 27
219	219	mowing. 28
220	220	(40)(43) “Practitioner” means: 29
221	221	(i) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other 30
222	222	person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or 31
223	223	to administer a controlled substance in the course of professional practice or research in this state. 32
224	224	(ii) A pharmacy, hospital, or other institution licensed, registered or permitted to distribute, 33
225	225	dispense, conduct research with respect to, or to administer a controlled substance in the course of 34
226	226
227	227
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229	229	professional practice or research in this state. 1
230	230	(41)(44) “Printout” means a hard copy produced by computer that is readable without the 2
231	231	aid of any special device. 3
232	232	(42)(45) “Production” includes the manufacture, planting, cultivation, growing, or 4
233	233	harvesting of a controlled substance. 5
234	234	(43)(46) “Researcher” means a person authorized by the director of health to conduct a 6
235	235	laboratory as defined in this chapter. 7
236	236	(44)(47) “Sell” includes sale, barter, gift, transfer, or delivery in any manner to another, or 8
237	237	to offer or agree to do the same. 9
238	238	(45)(48) “Software” means programs, procedures, and storage of required information 10
239	239	data. 11
240	240	(46)(49) “Synthetic drugs” means any synthetic cannabinoids or piperazines or any 12
241	241	synthetic cathinones as provided for in schedule I. 13
242	242	(50) “Therapeutic purpose” means the use of controlled substances for the treatment of 14
243	243	pain in appropriate doses as indicated by the patient’s medical record. Any other use is 15
244	244	nontherapeutic. 16
245	245	(47)(51) “Ultimate user” means a person who lawfully possesses a controlled substance for 17
246	246	his or her own use or for the use of a member of his or her household, or for administering to an 18
247	247	animal owned by him or her or by a member of his or her household. 19
248	248	(48)(52) “Wholesaler” means a person who sells, vends, or distributes at wholesale, or as 20
249	249	a jobber, broker agent, or distributor, or for resale in any manner in this state any controlled 21
250	250	substance. 22
251	251	21-28-3.20. Authority of practitioner to prescribe, administer, and dispense. 23
252	252	(a)(1) A practitioner Practitioners, in good faith and in the course of his or her their 24
253	253	professional practice only, may prescribe, administer, and dispense controlled substances, or he or 25
254	254	she may cause the controlled substances to be administered by a nurse or intern under his or her 26
255	255	their direction and supervision after completing an assessment of pain experienced by a patient. 27
256	256	(2) Opioid therapy must only be initiated for acute pain unresponsive to non-opioid 28
257	257	therapies or if, based on clinical assessment, benefits of opioid therapy for acute pain management 29
258	258	outweigh risks. 30
259	259	(2)(3) When issuing an initial a prescription for an opiate opioid to an adult patient, a 31
260	260	practitioner shall not exceed the maximum daily dose requirements established by the department 32
261	261	of health must prescribe the lowest effective dosage of an immediate-release opioid in a quantity 33
262	262	sufficient to treat the expected duration of pain. 34
263	263
264	264
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266	266	(3) Except as provided in subsection (a)(4) of this section, a practitioner shall not issue an 1
267	267	opiate prescription to a minor for more than twenty (20) doses at any time. Prior to issuing an opiate 2
268	268	prescription to a minor, a practitioner shall discuss with the parent or guardian of the minor the 3
269	269	risks associated with opiate use and the reasons why the prescription is necessary. The practitioner 4
270	270	shall document his or her discussion with the parent or guardian in the medical record. 5
271	271	(4) Notwithstanding the limitations referenced in subsection (a)(3) of this section, if, in the 6
272	272	professional medical judgment of a practitioner, a greater dosage or supply of an opiate is required 7
273	273	to treat the minor patient’s acute medical condition or is necessary for the treatment of chronic pain 8
274	274	management, sickle cell related pain, intractable pain treatment as defined in chapter 37.4 of title 9
275	275	5, pain associated with a cancer diagnosis, or for palliative care, then the practitioner may issue a 10
276	276	prescription for the quantity needed to treat the acute medical condition, chronic pain, sickle cell 11
277	277	related pain, intractable pain, pain associated with a cancer diagnosis, or pain experienced while 12
278	278	the patient is in palliative care, provided that this dosage shall not exceed the maximum daily 13
279	279	dosage permitted for the treatment of this pain as set forth in the department of health regulations. 14
280	280	The medical condition triggering the prescription of an opiate shall opioid must be documented in 15
281	281	the minor patient’s medical record, and the practitioner shall must indicate that a non-opiate non-16
282	282	opioid alternative was not appropriate to address the medical condition. 17
283	283	(5) Notwithstanding subsections (a)(2) and (a)(3) of this section, this section shall not apply 18
284	284	to medications designed for the treatment of substance abuse or opioid dependence. 19
285	285	(b) The prescription-monitoring drug monitoring program shall must be reviewed prior to 20
286	286	starting any opioid. A prescribing practitioner, or designee as authorized by § 21-28-3.32(a)(3), 21
287	287	shall must review the patient’s prescribed controlled substance use in the prescription-monitoring 22
288	288	drug monitoring program prior to refilling or initiating opioid therapy with an intrathecal pump. 23
289	289	For patients the prescribing practitioner is maintaining being maintained on continuous opioid 24
290	290	therapy for pain for three (3) months or longer, the prescribing practitioner shall must review 25
291	291	information from the prescription-monitoring drug monitoring program at least every three (3) 26
292	292	months. Documentation of that review shall must be noted in the patient’s medical record. 27
293	293	(c) The director of health shall develop regulations for prescribing practitioners on 28
294	294	appropriate limits of opioid use in acute pain management. Initial prescriptions of opioids for acute 29
295	295	pain management of outpatient adults shall not exceed thirty (30) morphine milligram equivalents 30
296	296	(MMEs) total daily dose per day for a maximum total of twenty (20) doses, and, for pediatric 31
297	297	patients, the appropriate opioid dosage maximum per the department of health. 32
298	298	(d)(c) For the purposes of this section, acute pain management shall must not include 33
299	299	management or treatment for chronic intractable pain management, pain associated with a cancer 34
300	300
301	301
302	302	LC001419 - Page 9 of 20
303	303	diagnosis, pain related to sickle cell disease, palliative or nursing home end-of-life care, intractable 1
304	304	or chronic intractable pain, as provided in § 5-37.4-2, or other exception exceptions in accordance 2
305	305	with department of health regulations. 3
306	306	(e) Subsection (c) shall not apply to medications designed for the treatment of substance 4
307	307	abuse or opioid dependence. 5
308	308	(f) On or before September 1, 2018, the director of health shall develop, and make available 6
309	309	to healthcare practitioners, information on best practices for co-prescribing opioid antagonists to 7
310	310	patients. The best practices information shall identify situations in which co-prescribing an opioid 8
311	311	antagonist may be appropriate, including, but not limited to: 9
312	312	(1) In conjunction with a prescription for an opioid medication, under circumstances in 10
313	313	which the healthcare practitioner determines the patient is at an elevated risk for an opioid drug 11
314	314	overdose; 12
315	315	(2) In conjunction with medications prescribed pursuant to a course of medication therapy 13
316	316	management for the treatment of a substance use disorder involving opioids; or 14
317	317	(3) Under any other circumstances in which a healthcare practitioner identifies a patient as 15
318	318	being at an elevated risk for an opioid drug overdose. 16
319	319	(g) The best practices information developed pursuant to subsection (f) of this section shall 17
320	320	include guidelines for determining when a patient is at an elevated risk for an opioid drug overdose, 18
321	321	including, but not limited to, situations in which the patient: 19
322	322	(1) Meets the criteria provided in the opioid overdose toolkit published by the federal 20
323	323	substance abuse and mental health service administration; 21
324	324	(2) Is receiving high-dose, extended-release, or long-acting opioid medications; 22
325	325	(3) Has a documented history of an alcohol or substance use disorder, or a mental health 23
326	326	disorder; 24
327	327	(4) Has a respiratory ailment or other co-morbidity that may be exacerbated by the use of 25
328	328	opioid medications; 26
329	329	(5) Has a known history of intravenous drug use or misuse of prescription opioids; 27
330	330	(6) Has received emergency medical care or been hospitalized for an opioid overdose; or 28
331	331	(7) Uses opioids with antidepressants, benzodiazepines, alcohol, or other drugs. 29
332	332	(h) On or before September 1, 2018, the director of health and the secretary of the executive 30
333	333	office of health and human services shall develop strategies that include: 31
334	334	(1) Allowing practitioners in non-pharmacy settings to prescribe and dispense opioid 32
335	335	antagonists; and 33
336	336	(2) Ensuring that opioid antagonists that are distributed in a non-pharmacy setting are 34
337	337
338	338
339	339	LC001419 - Page 10 of 20
340	340	eligible for reimbursement from any health insurance carrier, as defined under chapters 18, 19, 20, 1
341	341	and 41 of title 27, and the Rhode Island medical assistance program, as defined under chapter 7.2 2
342	342	of title 42. 3
343	343	(d) The director of health may promulgate regulations for practitioners on opioid use in 4
344	344	pain management. 5
345	345	21-28-3.20.1. Authority of practitioner to prescribe, administer, and dispense — 6
346	346	Cancer, palliative care, and chronic intractable pain. 7
347	347	(a) A practitioner, in good faith and in the course of his or her professional practice 8
348	348	managing pain associated with a cancer diagnosis, palliative or nursing home care, intractable or 9
349	349	chronic intractable pain as provided in § 5-37.4-2, or other condition allowed by department of 10
350	350	health regulations pursuant to the exception in § 21-28-3.20(d), may prescribe, administer, and 11
351	351	dispense controlled substances without regard to the CDC Clinical Practice Guideline for 12
352	352	Prescribing Opioids for Pain—United States, 2022. 13
353	353	(b) The director of health may promulgate those rules and regulations necessary to 14
354	354	effectuate the provisions of this section and ensure that rules governing pain management 15
355	355	associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic 16
356	356	intractable pain as provided in § 5-37.4-2, or other condition allowed by department of health 17
357	357	regulations pursuant to the exception created in § 21-28-3.20(d), shall: 18
358	358	(1) Take into consideration the individualized needs of patients covered by this section; 19
359	359	and 20
360	360	(2) Make provisions for practitioners, acting in good faith, and in the course of their 21
361	361	profession, and managing pain associated with their patients’ illness to use their best judgment 22
362	362	notwithstanding any statute, rule, or regulation to the contrary. may prescribe, administer, or 23
363	363	dispense controlled substances not prohibited by law for a therapeutic purpose to a person 24
364	364	diagnosed and treated by a practitioner for a condition resulting in chronic intractable pain, if this 25
365	365	diagnosis and treatment has been documented in the practitioner’s medical records. 26
366	366	(b) Concern about a patient’s substance use disorder or the possibility of a substance use 27
367	367	disorder in and of itself is not a reason to withhold or prohibit prescribing, administering, or 28
368	368	dispensing controlled substances for the therapeutic purpose of treatment of a person for chronic 29
369	369	intractable pain. Provided, however, practitioners must check the patient’s prescribed controlled 30
370	370	substances use in the prescription drug monitoring program, refer the patient to a substance use 31
371	371	disorder specialist, as appropriate, and enter into a written patient treatment agreement in 32
372	372	accordance with regulations promulgated by the department. 33
373	373	(c) The provisions of subsection (a) of this section provide no authority to a practitioner to 34
374	374
375	375
376	376	LC001419 - Page 11 of 20
377	377	prescribe, administer, or dispense controlled substances to a person the practitioner knows or should 1
378	378	know to be using the prescribed, administered, or dispensed controlled substance 2
379	379	nontherapeutically. 3
380	380	(d) Nothing in this section shall be construed to prohibit a practitioner or pharmacist from 4
381	381	denying a prescription based on their best clinical judgment. 5
382	382	(e) Nothing in this section shall deny the right of the director to deny, revoke, or suspend 6
383	383	the license of any practitioner or discipline any practitioner who: 7
384	384	(1) Prescribes, administers, or dispenses a controlled substance that is nontherapeutic in 8
385	385	nature or nontherapeutic in the manner in which it is prescribed, administered, or dispensed, or fails 9
386	386	to keep complete and accurate ongoing records of the diagnosis and treatment plan; 10
387	387	(2) Fails to keep complete and accurate records of controlled substances received, 11
388	388	prescribed, dispensed, and administered, and disposal of drugs as required by law or of controlled 12
389	389	substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 13
390	390	U.S.C. § 801 et seq. A practitioner shall keep records of controlled substances received, prescribed, 14
391	391	dispensed and administered, and disposal of these drugs shall include the date of receipt of the 15
392	392	drugs, the sale or disposal of the drugs by the practitioner, the name and address of the person 16
393	393	receiving the drugs, and the reason for the disposal or the dispensing of the drugs to the person; 17
394	394	(3) Writes false or fictitious prescriptions for controlled substances as prohibited by law, 18
395	395	or for controlled substances scheduled in the Comprehensive Drug Abuse Prevention and Control 19
396	396	Act of 1970, 21 U.S.C. § 801 et seq.; or 20
397	397	(4) Prescribes, administers, or dispenses in a manner that is inconsistent with provisions of 21
398	398	the law, or the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 22
399	399	et seq., any controlled substance. 23
400	400	(f) The director of health may promulgate those rules and regulations necessary to 24
401	401	effectuate the provisions of this section. 25
402	402	SECTION 2. Chapter 5-37.4 of the General Laws entitled "Intractable Pain Treatment" is 26
403	403	hereby repealed in its entirety. 27
404	404	CHAPTER 5-37.4 28
405	405	Intractable Pain Treatment 29
406	406	5-37.4-1. Title. 30
407	407	This chapter shall be known and may be cited as the “Intractable Pain Treatment Act.” 31
408	408	5-37.4-2. Definitions. 32
409	409	For purposes of this chapter: 33
410	410	(1) “Chronic intractable pain” means pain that is: excruciating; constant; incurable, and of 34
411	411
412	412
413	413	LC001419 - Page 12 of 20
414	414	such severity that it dominates virtually every conscious moment; and/or produces mental and 1
415	415	physical debilitation. A diagnosis and written documentation of chronic intractable pain made by a 2
416	416	physician licensed in the state of Rhode Island specializing in pain management, oncology, or 3
417	417	similar specialty defined in regulations shall constitute proof that the patient suffers from chronic 4
418	418	intractable pain. 5
419	419	(2) “Director” means the director of the department of health of the state of Rhode Island. 6
420	420	(3) “Intractable pain” means a pain state that persists beyond the usual course of an acute 7
421	421	disease or healing of an injury or results from a chronic disease or condition that causes continuous 8
422	422	or intermittent pain over a period of months or years. Unless the context clearly indicates otherwise, 9
423	423	the term intractable pain includes chronic intractable pain. 10
424	424	(4) “Practitioner” means healthcare professionals licensed to distribute, dispense, or 11
425	425	administer controlled substances in the course of professional practice as defined in § 21-28-12
426	426	1.02(41). 13
427	427	(5) “Therapeutic purpose” means the use of controlled substances for the treatment of pain 14
428	428	in appropriate doses as indicated by the patient’s medical record. Any other use is nontherapeutic. 15
429	429	5-37.4-3. Controlled substances. 16
430	430	(a) A practitioner may prescribe, administer, or dispense controlled substances not 17
431	431	prohibited by law for a therapeutic purpose to a person diagnosed and treated by a practitioner for 18
432	432	a condition resulting in intractable pain, if this diagnosis and treatment has been documented in the 19
433	433	practitioner’s medical records. No practitioner shall be subject to disciplinary action by the board 20
434	434	solely for prescribing, administering, or dispensing controlled substances when prescribed, 21
435	435	administered, or dispensed for a therapeutic purpose for a person diagnosed and treated by a 22
436	436	practitioner for a condition resulting in intractable pain, if this diagnosis and treatment has been 23
437	437	documented in the practitioner’s medical records. 24
438	438	(b) The provisions of subsection (a) of this section do not apply to those persons being 25
439	439	treated by a practitioner for chemical dependency because of their use of controlled substances not 26
440	440	related to the therapeutic purposes of treatment of intractable pain. 27
441	441	(c) The provisions of subsection (a) of this section provide no authority to a practitioner to 28
442	442	prescribe, administer, or dispense controlled substances to a person the practitioner knows or should 29
443	443	know to be using the prescribed, administered, or dispensed controlled substance 30
444	444	nontherapeutically. 31
445	445	(d) Drug dependency or the possibility of drug dependency in and of itself is not a reason 32
446	446	to withhold or prohibit prescribing, administering, or dispensing controlled substances for the 33
447	447	therapeutic purpose of treatment of a person for intractable pain, nor shall dependency relating 34
448	448
449	449
450	450	LC001419 - Page 13 of 20
451	451	solely to this prescribing, administering, or dispensing subject a practitioner to disciplinary action 1
452	452	by the director. 2
453	453	(e) In coordination with §§ 21-28-3.20 and 21-28-3.20.1, the director of health may 3
454	454	promulgate rules and regulations necessary to effectuate the purpose of this chapter and ensure that 4
455	455	patients with intractable or chronic intractable pain are treated or referred to an appropriate 5
456	456	specialist. 6
457	457	(f) Nothing in this section shall be construed to prohibit a practitioner or pharmacist from 7
458	458	denying a prescription based on their best clinical judgment. 8
459	459	(g) Nothing in this section shall deny the right of the director to deny, revoke, or suspend 9
460	460	the license of any practitioner or discipline any practitioner who: 10
461	461	(1) Prescribes, administers, or dispenses a controlled substance that is nontherapeutic in 11
462	462	nature or nontherapeutic in the manner in which it is prescribed, administered, or dispensed, or fails 12
463	463	to keep complete and accurate ongoing records of the diagnosis and treatment plan; 13
464	464	(2) Fails to keep complete and accurate records of controlled substances received, 14
465	465	prescribed, dispensed, and administered, and disposal of drugs as required by law or of controlled 15
466	466	substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 16
467	467	U.S.C. § 801 et seq. A practitioner shall keep records of controlled substances received, prescribed, 17
468	468	dispensed and administered, and disposal of these drugs shall include the date of receipt of the 18
469	469	drugs, the sale or disposal of the drugs by the practitioner, the name and address of the person 19
470	470	receiving the drugs, and the reason for the disposal or the dispensing of the drugs to the person; 20
471	471	(3) Writes false or fictitious prescriptions for controlled substances as prohibited by law, 21
472	472	or for controlled substances scheduled in the Comprehensive Drug Abuse Prevention and Control 22
473	473	Act of 1970, 21 U.S.C § 801 et seq.; or 23
474	474	(4) Prescribes, administers, or dispenses in a manner which is inconsistent with provisions 24
475	475	of the law, or the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 25
476	476	801 et seq., any controlled substance. 26
477	477	(h) A practitioner may administer a controlled substance prescribed by a practitioner and 27
478	478	not prohibited by law for a therapeutic purpose to a person diagnosed and treated by a practitioner 28
479	479	for a condition resulting in intractable pain, if this diagnosis and treatment has been documented in 29
480	480	the practitioner’s medical records. No practitioner shall be subject to disciplinary action by the 30
481	481	director solely for administering controlled substances when prescribed or dispensed for a 31
482	482	therapeutic purpose for a person diagnosed and treated by a practitioner for a condition resulting in 32
483	483	intractable pain, if this diagnosis and treatment has been documented in the practitioner’s medical 33
484	484	records of the patient. 34
485	485
486	486
487	487	LC001419 - Page 14 of 20
488	488	SECTION 3. Section 21-28-1.02 of the General Laws in Chapter 21-28 entitled "Uniform 1
489	489	Controlled Substances Act" is hereby repealed. 2
490	490	21-28-1.02. Definitions. [Effective until January 1, 2023; see Sunset Provision note.] 3
491	491	Unless the context otherwise requires, the words and phrases as defined in this section are 4
492	492	used in this chapter in the sense given them in the following definitions: 5
493	493	(1) “Administer” refers to the direct application of controlled substances to the body of a 6
494	494	patient or research subject by: 7
495	495	(i) A practitioner, or, in his or her presence by his or her authorized agent; or 8
496	496	(ii) The patient or research subject at the direction and in the presence of the practitioner 9
497	497	whether the application is by injection, inhalation, ingestion, or any other means. 10
498	498	(2) “Agent” means an authorized person who acts on behalf of, or at the direction of, a 11
499	499	manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a 12
500	500	common or contract carrier or warehouse operator when acting in the usual and lawful course of 13
501	501	the carrier’s or warehouse operator’s business. 14
502	502	(3) “Apothecary” means a registered pharmacist as defined by the laws of this state and, 15
503	503	where the context requires, the owner of a licensed pharmacy or other place of business where 16
504	504	controlled substances are compounded or dispensed by a registered pharmacist; and includes 17
505	505	registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be 18
506	506	construed as conferring on a person who is not registered as a pharmacist any authority, right, or 19
507	507	privilege that is not granted to him or her by the pharmacy laws of the state. 20
508	508	(4) “Automated data processing system” means a system utilizing computer software and 21
509	509	hardware for the purposes of record keeping. 22
510	510	(5) “Certified law enforcement prescription drug diversion investigator” means a certified 23
511	511	law enforcement officer assigned by his or her qualified law enforcement agency to investigate 24
512	512	prescription drug diversion. 25
513	513	(6) “Computer” means programmable electronic device capable of multi-functions, 26
514	514	including, but not limited to: storage, retrieval, and processing of information. 27
515	515	(7) “Control” means to add a drug or other substance or immediate precursor to a schedule 28
516	516	under this chapter, whether by transfer from another schedule or otherwise. 29
517	517	(8) “Controlled substance” means a drug, substance, immediate precursor, or synthetic 30
518	518	drug in schedules I — V of this chapter. The term shall not include distilled spirits, wine, or malt 31
519	519	beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco. 32
520	520	(9) “Co-prescribing” means issuing a prescription for an opioid antagonist along with a 33
521	521	prescription for an opioid analgesic. 34
522	522
523	523
524	524	LC001419 - Page 15 of 20
525	525	(10) “Counterfeit substance” means a controlled substance that, or the container or labeling 1
526	526	of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, 2
527	527	number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than 3
528	528	the person or persons who in fact manufactured, distributed, or dispensed the substance and that 4
529	529	thereby falsely purports or is represented to be the product of, or to have been distributed by, the 5
530	530	other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or 6
531	531	represented to be one of the controlled substances by a manufacturer, distributor, or dispenser. 7
532	532	(11) “CRT” means cathode ray tube used to impose visual information on a screen. 8
533	533	(12) “Deliver” or “delivery” means the actual, constructive, or attempted transfer of a 9
534	534	controlled substance or imitation controlled substance, whether or not there exists an agency 10
535	535	relationship. 11
536	536	(13) “Department” means the department of health of this state. 12
537	537	(14) “Depressant or stimulant drug” means: 13
538	538	(i) A drug that contains any quantity of: 14
539	539	(A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; 15
540	540	and 16
541	541	(B) “Barbiturate” or “barbiturates” includes all hypnotic and/or somnifacient drugs, 17
542	542	whether or not derivatives of barbituric acid, except that this definition shall not include bromides 18
543	543	and narcotics. 19
544	544	(ii) A drug that contains any quantity of: 20
545	545	(A) Amphetamine or any of its optical isomers; 21
546	546	(B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of 22
547	547	amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them. 23
548	548	(iii) A drug that contains any quantity of coca leaves. “Coca leaves” includes cocaine, or 24
549	549	any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except 25
550	550	derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine 26
551	551	or ecgonine may be synthesized or made. 27
552	552	(iv) Any other drug or substance that contains any quantity of a substance that the attorney 28
553	553	general of the United States, or the director of health, after investigation, has found to have, or by 29
554	554	regulation designates as having, a potential for abuse because of its depressant or stimulant effect 30
555	555	on the central nervous system. 31
556	556	(15) “Director” means the director of health. 32
557	557	(16) “Dispense” means to deliver, distribute, leave with, give away, or dispose of a 33
558	558	controlled substance to the ultimate user or human research subject by or pursuant to the lawful 34
559	559
560	560
561	561	LC001419 - Page 16 of 20
562	562	order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the 1
563	563	substance for that delivery. 2
564	564	(17) “Dispenser” is a practitioner who delivers a controlled substance to the ultimate user 3
565	565	or human research subject. 4
566	566	(18) “Distribute” means to deliver (other than by administering or dispensing) a controlled 5
567	567	substance or an imitation controlled substance and includes actual constructive, or attempted 6
568	568	transfer. “Distributor” means a person who so delivers a controlled substance or an imitation 7
569	569	controlled substance. 8
570	570	(19) “Downtime” means that period of time when a computer is not operable. 9
571	571	(20) “Drug addicted person” means a person who exhibits a maladaptive pattern of 10
572	572	behavior resulting from drug use, including one or more of the following: impaired control over 11
573	573	drug use; compulsive use; and/or continued use despite harm, and craving. 12
574	574	(21) “Drug Enforcement Administration” means the Drug Enforcement Administration, 13
575	575	United States Department of Justice or its successor. 14
576	576	(22) “Federal law” means the Comprehensive Drug Abuse Prevention and Control Act of 15
577	577	1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that 16
578	578	federal act. 17
579	579	(23) “Hardware” means the fixed component parts of a computer. 18
580	580	(24) “Hospital” means an institution as defined in chapter 17 of title 23. 19
581	581	(25) “Imitation controlled substance” means a substance that is not a controlled substance, 20
582	582	that by dosage unit, appearance (including color, shape, size, and markings), or by representations 21
583	583	made, would lead a reasonable person to believe that the substance is a controlled substance and, 22
584	584	which imitation controlled substances contain substances that if ingested, could be injurious to the 23
585	585	health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient 24
586	586	to establish that the substance is an “imitation controlled substance” (for example in the case of 25
587	587	powder or liquid), the court or authority concerned should consider, in addition to all other logically 26
588	588	relevant factors, the following factors as related to “representations made” in determining whether 27
589	589	the substance is an “imitation controlled substance”: 28
590	590	(i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in 29
591	591	control of the substance concerning the nature of the substance, or its use or effect. 30
592	592	(ii) Statements made by the owner, possessor, or transferor, to the recipient that the 31
593	593	substance may be resold for substantial profit. 32
594	594	(iii) Whether the substance is packaged in a manner reasonably similar to packaging of 33
595	595	illicit controlled substances. 34
596	596
597	597
598	598	LC001419 - Page 17 of 20
599	599	(iv) Whether the distribution or attempted distribution included an exchange of or demand 1
600	600	for money or other property as consideration, and whether the amount of the consideration was 2
601	601	substantially greater than the reasonable value of the non-controlled substance. 3
602	602	(26) “Immediate precursor” means a substance: 4
603	603	(i) That the director of health has found to be, and by regulation designated as being, the 5
604	604	principal compound used, or produced primarily for use, in the manufacture of a controlled 6
605	605	substance; 7
606	606	(ii) That is an immediate chemical intermediary used, or likely to be used, in the 8
607	607	manufacture of those controlled substances; and 9
608	608	(iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that 10
609	609	controlled substance. 11
610	610	(27) “Laboratory” means a laboratory approved by the department of health as proper to 12
611	611	be entrusted with controlled substances and the use of controlled substances for scientific and 13
612	612	medical purposes and for the purposes of instruction. 14
613	613	(28) “Manufacture” means the production, preparation, propagation, cultivation, 15
614	614	compounding, or processing of a drug or other substance, including an imitation controlled 16
615	615	substance, either directly or indirectly or by extraction from substances of natural origin, or 17
616	616	independently by means of chemical synthesis or by a combination of extraction and chemical 18
617	617	synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of 19
618	618	its container in conformity with the general laws of this state except by a practitioner as an incident 20
619	619	to his or her administration or dispensing of the drug or substance in the course of his or her 21
620	620	professional practice. 22
621	621	(29) “Manufacturer” means a person who manufactures but does not include an apothecary 23
622	622	who compounds controlled substances to be sold or dispensed on prescriptions. 24
623	623	(30) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; 25
624	624	the seeds of the plant; the resin extracted from any part of the plant; and every compound, 26
625	625	manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not 27
626	626	include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the 28
627	627	seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of 29
628	628	mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the 30
629	629	plant which is incapable of germination. Marijuana shall not include “industrial hemp” or 31
630	630	“industrial hemp products” which satisfy the requirements of chapter 26 of title 2, nor shall it 32
631	631	include products that have been approved for marketing as a prescription medication by the U.S. 33
632	632	Food and Drug Administration and legally prescribed. 34
633	633
634	634
635	635	LC001419 - Page 18 of 20
636	636	(31) “Narcotic drug” means any of the following, whether produced directly or indirectly 1
637	637	by extraction from substances of vegetable origin, or independently by means of chemical synthesis 2
638	638	or by a combination of extraction and chemical synthesis: 3
639	639	(i) Opium and opiates. 4
640	640	(ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates. 5
641	641	(iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it) 6
642	642	that is chemically identical with any of the substances referred to in subsections 31(i) and (31)(ii). 7
643	643	(iv) Any other substance that the attorney general of the United States, or his or her 8
644	644	successor, or the director of health, after investigation, has found to have, and by regulation 9
645	645	designates as having, a potential for abuse similar to opium and opiates. 10
646	646	(32) “Official written order” means an order written on a form provided for that purpose 11
647	647	by the Drug Enforcement Administration under any laws of the United States making provision for 12
648	648	an official form, if order forms are authorized and required by federal law, and if no order form is 13
649	649	provided, then on an official form provided for that purpose by the director of health. 14
650	650	(33) “Opiate” means any substance having an addiction-forming or addiction-sustaining 15
651	651	liability similar to morphine or being capable of conversion into a drug having addiction-forming 16
652	652	or addiction-sustaining liability. 17
653	653	(34) “Opioid analgesics” means and includes, but is not limited to, the medicines 18
654	654	buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, 19
655	655	methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well 20
656	656	as their brand names, isomers, and combinations, or other medications approved by the department. 21
657	657	(35) “Opioid antagonist” means naloxone hydrochloride and any other drug approved by 22
658	658	the United States Food and Drug Administration for the treatment of opioid overdose. 23
659	659	(36) “Opium poppy” means the plant of the species papaver somniferum L., except the 24
660	660	seeds of the plant. 25
661	661	(37) “Ounce” means an avoirdupois ounce as applied to solids and semi-solids, and a fluid 26
662	662	ounce as applied to liquids. 27
663	663	(38) “Person” means any corporation, association, partnership, or one or more individuals. 28
664	664	(39) “Physical dependence” means a state of adaptation that is manifested by a drug class 29
665	665	specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, 30
666	666	decreasing blood level of the drug, and/or administration of an antagonist. 31
667	667	(40) “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing. 32
668	668	(41) “Practitioner” means: 33
669	669	(i) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other 34
670	670
671	671
672	672	LC001419 - Page 19 of 20
673	673	person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or 1
674	674	to administer a controlled substance in the course of professional practice or research in this state. 2
675	675	(ii) A pharmacy, hospital, or other institution licensed, registered, or permitted to distribute, 3
676	676	dispense, conduct research with respect to, or to administer a controlled substance in the course of 4
677	677	professional practice or research in this state. 5
678	678	(42) “Printout” means a hard copy produced by computer that is readable without the aid 6
679	679	of any special device. 7
680	680	(43) “Production” includes the manufacture, planting, cultivation, growing, or harvesting 8
681	681	of a controlled substance. 9
682	682	(44) “Qualified law enforcement agency” means the U.S. Food and Drug Administration, 10
683	683	Drug Enforcement Administration, Federal Bureau of Investigation, Office of Inspector General of 11
684	684	the U.S. Department of Health & Human Services, or the Medicaid Fraud and Patient Abuse Unit 12
685	685	in the Office of the Attorney General. 13
686	686	(45) “Researcher” means a person authorized by the director of health to conduct a 14
687	687	laboratory as defined in this chapter. 15
688	688	(46) “Sell” includes sale, barter, gift, transfer, or delivery in any manner to another, or to 16
689	689	offer or agree to do the same. 17
690	690	(47) “Software” means programs, procedures, and storage of required information data. 18
691	691	(48) “Synthetic drugs” means any synthetic cannabinoids or piperazines or any synthetic 19
692	692	cathinones as provided for in schedule I. 20
693	693	(49) “Ultimate user” means a person who lawfully possesses a controlled substance for his 21
694	694	or her own use or for the use of a member of his or her household, or for administering to an animal 22
695	695	owned by him or her or by a member of his or her household. 23
696	696	(50) “Wholesaler” means a person who sells, vends, or distributes at wholesale, or as a 24
697	697	jobber, broker agent, or distributor, or for resale in any manner in this state any controlled 25
698	698	substance. 26
699	699	SECTION 4. This act shall take effect upon passage. 27
700	700	========
701	701	LC001419
702	702	========
703	703
704	704
705	705	LC001419 - Page 20 of 20
706	706	EXPLANATION
707	707	BY THE LEGISLATIVE COUNCIL
708	708	OF
709	709	A N A C T
710	710	RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT
711	711	***
712	712	This act would revise sections of the uniform controlled substances act to remove specific 1
713	713	opioid dosage requirements and revise the uniform controlled substances act in accordance with 2
714	714	current standards of professional practice and would repeal chapter 37.4 of title 5 relating to 3
715	715	intractable pain treatment. 4
716	716	This act would take effect upon passage. 5
717	717	========
718	718	LC001419
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