It is enacted by the General Assembly as follows:

SECTION 1. Section 5-34-39 of the General Laws in Chapter 5-34 entitled "Nurses" is hereby amended to read as follows:

5-34-39. Process for prescriptive privileges of the certified registered nurse practitioner. -- (a) Prescriptive privileges for the certified registered nurse practitioner:

(1) Shall be granted under the governance and supervision of the division of professional regulation, board of nurse registration and nurse education; and

(2) Shall include prescription of legend medications and prescription of controlled substances from schedule {ADD schedules II, III, IV and ADD} V and certain controlled substances from schedule IV, that shall be set forth in regulation by the director with the advice of the formulary committee established by this section; and

(3) Must not include controlled substances from Schedule s I , and II (except for needles and syringes), or schedule III, and those certain controlled substances from schedule IV not otherwise included in subsection (a) (2) .

(b) The director of the department of health shall establish a formulary committee to develop a formulary to carry out the provisions of this section. The formulary shall be updated annually by the formulary committee. Each setting where such privileges are allowed, may further restrict the formulary according to their own protocols. The committee shall consist of two (2) physicians, from a list submitted by the Rhode Island medical society, one pharmacist, from a list submitted by the Rhode Island pharmaceutical association, and two (2) certified registered nurse practitioners, from a list submitted by the Rhode Island state nurses association and one who shall be the Department of Health's drug control administrator or designee. The committee shall submit a completed formulary to the director of the department of health of the state by June 1, 1994 {ADD September 1, 1996 ADD} .

(c) Each committee member shall initially be appointed for a one (1) year term by the director of the Department of Health. At the expiration of the one (1) year term, one (1) certified registered nurse practitioner shall be appointed for a three (3) year term, one (1) certified registered nurse practitioner shall be appointed for a two (2) year term; one physician shall be appointed for a three (3) year term, one (1) physician shall be appointed for a two (2) year term; one pharmacist shall be appointed for a three (3) year term. Subsequently, each appointment shall be for three (3) years with no member serving more than two (2) consecutive three (3) year terms.

(d) A certified registered nurse practitioner (R.N.P.) as stated in section 5-34-3 of the general laws of the state of Rhode Island, shall be permitted to prescribe from the formulary established by the formulary committee in accordance with annually updated guidelines, written in collaboration with the medical director or physician consultant of their individual establishments.

(e) To qualify for prescriptive privileges an applicant must submit on forms provided by the board of nurse registration and nursing education, verified by oath, that the applicant has evidence of completion of thirty (30) hours of education in pharmacology within the three (3) year period immediately prior to date of application. To maintain prescriptive privileges the certified registered nurse practitioner (R.N.P.) must submit upon request of the board of nurse registration and nursing education evidence of thirty (30) hours continuing education in pharmacology every six (6) years.

SECTION 2. This act shall take effect upon passage.