2021 -- H 5716

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LC002036

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- SALE OF TOBACCO PRODUCTS IN

PHARMACIES

     Introduced By: Representatives Caldwell, Baginski, Morales, Bennett, Ackerman,
Donovan, and Amore

     Date Introduced: February 24, 2021

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 95

PROHIBITIONS OF SALE OF TOBACCO PRODUCTS IN PHARMACIES

     23-95-1. Legislative findings.

     The general assembly hereby finds and declares:

     (1) The state of Rhode Island recognizes that the use of tobacco products has devastating

health and economic consequences.

     (2) Commercial tobacco use is the foremost preventable cause of premature death in the

United States. It causes five hundred thousand (500,000) deaths annually and has been responsible

for twenty million eight hundred thousand (20,800,000) premature deaths in the U.S. since the first

Surgeon General’s report on smoking in 1964.

     (3) Tobacco product use leads to more than three hundred billion dollars

($300,000,000,000) in health care and lost worker productivity costs each year.

     (4) Young people are particularly susceptible to the addictive properties of tobacco

products, and youth that begin using tobacco products are particularly likely to become lifelong

users.

     (5) An estimated five million six hundred thousand (5,600,000) of today’s American youth

aged zero (0) to seventeen (17) are projected to die prematurely from a commercial tobacco-related

illness if prevalence rates do not change.

     (6) Two million (2,000,000) smokers last purchased their cigarettes from a pharmacy.

     (7) One in twenty (20) customers who were filling prescriptions for chronic illnesses,

worsened by smoking, also purchased cigarettes.

     (8) Tobacco products in pharmacies make quitting attempts for current smokers less

successful.

     (9) After CVS Health stopped selling tobacco in September 2014, cigarette pack sales

decreased, and nicotine patch purchases increased in states where the chain had a large retail

presence.

     (10) Some large pharmacy chains are the leading sellers of tobacco products to underage

individuals.

     (11) Some large-scale pharmacy operations and independent community pharmacies have

already ceased the sale of tobacco products to align their businesses with the health care role they

serve in the community.

     (12) To promote the health, safety and well-being of its residents, all pharmacies and retail

establishments containing a pharmacy should be prohibited from selling tobacco products in the

state.

     (13) Local and state governments have used their authority to prohibit the sale of tobacco

products in pharmacies to protect communities from tobacco-related harms. As of July 2020, two

hundred thirty-five (235) municipalities and two (2) states have enacted tobacco-free pharmacy

policies.

     23-95-2. Definitions.

     As used in this law, the following terms shall have the following meanings:

     (1) "Distribute" or "distribution" means to furnish, give, provide, sell, or to attempt to do

so, whether gratuitously or for any type of compensation.

     (2) "Electronic smoking device" means any device that may be used to deliver any

aerosolized or vaporized substance to the person inhaling from the device, including, but not limited

to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any

component, part, or accessory of the device, and also includes any substance intended to be

aerosolized or vaporized during the use of the device, whether or not the substance contains

nicotine. Electronic smoking device does not include drugs, devices, or combination products

authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the

Federal Food, Drug and Cosmetic Act.

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     (3) "Pharmacy" means an establishment licensed as such by the state board of pharmacy,

pursuant to chapter 19.1 of title 5, where pharmacy may be practiced as well as retail establishments

containing a pharmacy.

     (4) "Tobacco product" means:

     (i) Any product containing, made of, or derived from tobacco or nicotine that is intended

for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any

other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff,

or snus;

     (ii) Any electronic smoking device and any substances that may be aerosolized or

vaporized by such device, whether or not the substance contains nicotine; or

     (iii) Any component, part, or accessory of subsections (4)(i) or (4)(ii) of this section,

whether or not any of these contain tobacco or nicotine, including, but not limited to, filters, rolling

papers, blunt or hemp wraps, and pipes. Tobacco product does not include drugs, devices, or

combination products authorized for sale by the U.S. Food and Drug Administration, as those terms

are defined in the Federal Food, Drug and Cosmetic Act.

     23-95-3. Prohibitions of sale of tobacco products in pharmacies.

     No pharmacy located in the state shall distribute or attempt to distribute, including selling

or attempting to sell a tobacco product.

     23-95-4. Enforcement.

     (a) This chapter shall be enforced by the department of health.

     (b) Notice of the provisions of this policy shall be given to all applicants for a business

license in the state.

     (c) Any citizen who desires to register a complaint under this chapter may initiate

enforcement with the department of health.

     (d) The department of health shall, while an establishment is undergoing otherwise

mandated inspections, inspect for compliance with this policy.

     23-95-5. Penalties.

     Violation of this chapter by a pharmacy shall be subject to a civil penalty of up to two

thousand ($2,000) dollars per violation. Each day of a violation shall be a separate offense.

     23-95-6. Public education.

     The department of health shall engage in a continuing program to explain and clarify the

purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators,

and managers in their compliance with it. The program may include publication of a brochure for

affected businesses and individuals explaining the provisions of this chapter.

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     23-95-7. Severability.

     If any provision, clause, sentence, or paragraph of this chapter or the application thereof to

any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions

of this chapter which can be given effect without the invalid provisions or application, and to this

end the provisions of this chapter are declared to be severable.

     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 HEALTH AND SAFETY -- SALE OF TOBACCO PRODUCTS IN

PHARMACIES

***

     This act would prohibit the sale of tobacco products in pharmacies and would provide for

a civil penalty of two thousand dollars ($2,000) for each violation.

     This act would take effect upon passage.

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