TITLE 21
Food And Drugs

CHAPTER 21-28
Uniform Controlled Substances Act

ARTICLE 21-28-3.01
Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances

SECTION 21-28-3.33


§ 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 that 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 that shall include verification by a practitioner registered under chapter 37 of title 5 and that shall comply with the written consent requirements of the Public Health Service Act, 42 U.S.C. § 290dd-2(b), and 42 C.F.R. 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.

History of Section.
(P.L. 2018, ch. 152, § 1; P.L. 2018, ch. 252, § 1.)