2023 -- S 0793

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LC001724

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES 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

Controlled Substances Act" is hereby amended to read as follows:

     21-28-3.20.1. Authority of practitioner to prescribe, administer, and dispense —

Cancer, palliative care and chronic intractable pain.

     (a) A practitioner, in good faith and in the course of his or her professional practice

managing pain associated with a cancer diagnosis, palliative or nursing home care, intractable or

chronic intractable pain as provided in § 5-37.4-2, or other condition allowed by department of

health regulations pursuant to the exception in § 21-28-3.20(d), may prescribe, administer, and

dispense controlled substances without regard to the 2016 CDC Guideline for Prescribing Opioids

for Chronic Pain CDC Clinical Practice Guideline for Prescribing Opioids for Pain--United States,

2022.

     (b) The director of health may promulgate those rules and regulations necessary to

effectuate the provisions of this section and ensure that rules governing pain management

associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic

intractable pain as provided in § 5-37.4-2, or other condition allowed by department of health

regulations pursuant to the exception created in § 21-28-3.20(d), shall:

     (1) Take into consideration the individualized needs of patients covered by this section;

and

     (2) Make provisions for practitioners, acting in good faith, and in the course of their

profession, and managing pain associated with their patients’ illness to use their best judgment

notwithstanding any statute, rule, or regulation to the contrary.

     (c) In accordance with the rules and regulations necessary to effectuate the provisions of

this section:

     (1) No podiatric physician and surgeon licensed under this chapter acting in good faith may

be subject to criminal or civil liability, or disciplinary action by the board or department for

prescribing opioid drugs for legitimate medical purposes in the course of professional practice to a

patient with chronic pain who in consultation with their practitioner has deemed an opioid

prescription medically appropriate and has signed a written informed consent that is documented

in the patient's medical records.

     (2) No dentist licensed under this chapter acting in good faith may be subject to criminal

or civil liability, or disciplinary action by the commission or department of health for prescribing

opioid drugs for legitimate medical purposes in the course of professional practice to a patient with

chronic pain who in consultation with their practitioner has deemed an opioid prescription

medically appropriate and has signed a written informed consent that is documented in the patient's

medical records.

     (3) No osteopathic physician and surgeon licensed under this chapter acting in good faith

may be subject to criminal or civil liability, or disciplinary action by the board or department for

prescribing opioid drugs for legitimate medical purposes in the course of professional practice to a

patient with chronic pain who in consultation with their practitioner has deemed an opioid

prescription medically appropriate and has signed a written informed consent that is documented

in the patient's medical records.

     (4) No pharmacist licensed under this chapter acting in good faith may be subject to

criminal or civil liability, or disciplinary action by the commission or department for dispensing

prescription opioid drugs, after confirming that a prescription is valid, if the prescription opioid

drugs were prescribed for legitimate medical purposes in the course of professional practice to a

patient with chronic pain who has presented such a prescription and has been provided with

consultation.

     (5) No physician licensed under this chapter acting in good faith may be subject to criminal

or civil liability, or disciplinary action by the commission or department of health for prescribing

opioid drugs for legitimate medical purposes in the course of professional practice to a patient with

chronic pain who in consultation with their practitioner has deemed an opioid prescription

medically appropriate and has signed a written informed consent that is documented in the patient's

medical records.

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     (6) No physician assistant licensed under this chapter acting in good faith may be subject

to criminal or civil liability, or disciplinary action by the commission or department for prescribing

opioid drugs for legitimate medical purposes in the course of professional practice to a patient with

chronic pain who in consultation with their practitioner has deemed an opioid prescription

medically appropriate and has signed a written informed consent that is documented in the patient's

medical records.

     (7) No advanced registered nurse practitioner licensed under this chapter may be subject to

criminal or civil liability, or disciplinary action by the commission or department for prescribing

opioid drugs for legitimate medical purposes in the course of professional practice to a patient with

chronic pain who in consultation with their practitioner has deemed an opioid prescription

medically appropriate and has signed a written informed consent that is documented in the patient's

medical records.

     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

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     This act would replace the reference guide “2016 CDC Guideline for prescribing Opioids

for Chronic Pain” with “2022 CDC Guideline for prescribing Opioids for Chronic Pain”. This act

would also exempt podiatric physicians, dentists, osteopathic physicians, pharmacists, physicians,

physician assistants and registered nurse practitioners from criminal and civil liability or

disciplinary action for prescribing medically appropriate opioids.

     This act would take effect upon passage.

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