2023 -- H 6490

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LC003161

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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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

     Referred To: House Health & Human Services

     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.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

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     This act would replace the 2016 CDC Guideline for Prescribing Opioids for Chronic Pain

with the 2022 CDC Clinical Practice Guideline for Prescribing Opioids for Pain.

     This act would take effect upon passage.

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