(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 CDC Clinical Practice Guideline for Prescribing Opioids for Pain—United States, 2022.

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Terms Used In Rhode Island General Laws 21-28-3.20.1

  • Administer: refers to the direct application of controlled substances to the body of a patient or research subject by:

    (i)  A practitioner, or, in his or her presence by his or her authorized agent; or

    (ii)  The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means. See Rhode Island General Laws 21-28-1.02

  • Department: means the department of health of this state. See Rhode Island General Laws 21-28-1.02
  • Director: means the director of health. See Rhode Island General Laws 21-28-1.02
  • Dispense: means to deliver, distribute, leave with, give away, or dispose of a controlled substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Rhode Island General Laws 21-28-1.02
  • Practitioner: means :

    (i)  A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See Rhode Island General Laws 21-28-1.02

  • Statute: A law passed by a legislature.

(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.

History of Section.
P.L. 2021, ch. 37, § 3, effective June 2, 2021; P.L. 2021, ch. 38, § 3, effective June 2, 2021; P.L. 2023, ch. 190, § 1, effective June 23, 2023; P.L. 2023, ch. 191, § 1, effective June 23, 2023.