(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.

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Terms Used In Rhode Island General Laws 21-28-3.33

  • 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

  • Agent: means an authorized person who acts on behalf of, or at the direction of, a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator when acting in the usual and lawful course of the carrier's or warehouse operator's business. See Rhode Island General Laws 21-28-1.02
  • Controlled substance: means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Rhode Island General Laws 21-28-1.02
  • Person: means any corporation, association, partnership, or one or more individuals. 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

(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 healthcare 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 healthcare provider or employee of a healthcare 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 healthcare 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 healthcare 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.