Chapter 190
2023 -- H 6490
Enacted 06/23/2023

A N   A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

Introduced By: Representatives DeSimone, McGaw, Cardillo, Craven, Caldwell, and Sanchez

Date Introduced: June 07, 2023

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.
     SECTION 2. This act shall take effect upon passage.
========
LC003161
========