2018 -- S 2539 AS AMENDED

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LC004812

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT --

NON-OPIATE DIRECTIVE

     Introduced By: Senators Miller, Goodwin, Conley, and Paolino

     Date Introduced: March 01, 2018

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 21-28 of the General Laws entitled "Uniform Controlled

Substances Act" is hereby amended by adding thereto the following section:

     21-28-3.33. Voluntary non-opiate directive form.

     (a) The department shall establish a voluntary non-opiate directive form. The form shall

indicate to all practitioners that an individual shall not be administered or offered a prescription or

medication order for an opiate. The form shall be posted on the department's searchable website.

An individual may execute and file a voluntary non-opiate directive form with a practitioner

licensed under chapter 37 of title 5 or other authority authorized by the director to accept the

voluntary non-opiate directive form for filing. An individual may revoke the voluntary non-opiate

directive form for any reason and may do so by written or oral means.

     (b) The department shall promulgate regulations for the implementation of the voluntary

non-opiate directive form which shall include, but not be limited to:

     (1) The procedures to record the voluntary non-opiate directive form in the individual's

electronic health record and in the prescription drug monitoring program established pursuant to §

21-28-3.18;

     (2) A standard form for the recording and transmission of the voluntary non-opiate

directive form, which shall include verification by a practitioner registered under chapter 37 of

title 5 and which shall comply with the written consent requirements of the Public Health Service

Act, 42 U.S.C. § 290dd-2(b), and 42 CFR Part 2; provided, however, that the voluntary non-

opiate directive form shall also provide the basic procedures necessary to revoke the voluntary

non-opiate directive form;

     (3) The requirements for an individual to appoint a duly authorized guardian or health

care proxy to override a previously recorded voluntary non-opiate directive form;

     (4) The procedures to ensure that any recording, sharing or distribution of data relative to

the voluntary non-opiate directive form complies with all state and federal confidentiality laws;

and

     (5) Appropriate exemptions for pre-hospital emergency medical services providers and

other medical personnel.

     (c) A written prescription that is presented at an outpatient pharmacy or a prescription

that is electronically transmitted to an outpatient pharmacy shall be presumed to be valid for the

purposes of this section and a pharmacist in an outpatient setting shall not be held in violation of

this section for dispensing a controlled substance in contradiction to a voluntary non-opiate

directive form, except upon evidence that the pharmacist acted knowingly against the voluntary

non-opiate directive form.

     (d) No health care provider or employee of a health care provider acting in good faith

shall be subject to criminal or civil liability or be considered to have engaged in unprofessional

conduct for failing to offer or administer a prescription or medication order for an opiate under

the voluntary non-opiate directive form.

     (e) No person acting as an agent pursuant to a health care proxy shall be subject to

criminal or civil liability for making a decision under subsection (b)(3) of this section in good

faith.

     (f) The board of medical licensure and discipline may limit, condition or suspend the

license of or assess fines against a licensed health care provider who recklessly or negligently

fails to comply with a person's voluntary non-opiate directive form.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT --

NON-OPIATE DIRECTIVE

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     This act would establish a procedure for individuals to file a revocable voluntary non-

opiate directive form with the person's licensed health care practitioner.

     This act would take effect upon passage.

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LC004812

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