House Bill #7496 (2018)
AN ACT RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT -- NON-OPIATE DIRECTIVE
Establishes a procedure for individuals to file a revocable voluntary non-opiate directive form with the person's licensed health care practitioner.
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2018-02-08: Introduced, referred to House H.E.W.
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2018-03-23: Scheduled for hearing and/or consideration (03/28/2018)
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2018-03-28: Committee recommended measure be held for further study
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2018-03-30: Scheduled for consideration (04/04/2018)
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2018-04-04: Committee recommends passage of Sub A
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2018-04-06: Placed on House Calendar (04/10/2018)
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2018-04-10: House passed Sub A
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2018-05-03: Referred to Senate Health and Human Services
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2018-06-22: Committee transferred to Senate Judiciary
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2018-06-22: Scheduled for hearing and/or consideration (06/22/2018)
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2018-06-23: Placed on Senate Calendar (06/23/2018)
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2018-06-23: Senate passed Sub A in concurrence
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2018-06-23: Committee recommends passage of Sub A in concurrence
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2018-07-02: Transmitted to Governor
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2018-07-02: Signed by Governor
Changes since original draft
2018 – H 7496- 2018 – H 7496 SUBSTITUTE A
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LC003028- LC003028/SUB A
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- S T A T E O F R H O D E I S L A N D
- IN GENERAL ASSEMBLY
- JANUARY SESSION, A.D. 2018
- ____________
- A N A C T
- RELATING TO FOOD AND DRUGS – UNIFORM CONTROLLED SUBSTANCES ACT –
- NON-OPIATE DIRECTIVE
- Introduced By: Representatives Mattiello, Ackerman, McNamara, Edwards, and Serpa
- Date Introduced: February 08, 2018
- Referred To: House Health, Education & Welfare
- It is enacted by the General Assembly as follows:
- SECTION 1. Chapter 21-28 of the General Laws entitled "Uniform Controlled Substances Act" is hereby amended by adding thereto the following section:
- 21-28-3.33. Voluntary non-opiate directive form.
- (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.
- (b) The department shall promulgate regulations for the implementation of the voluntary non-opiate directive form which 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, which shall include verification by a practitioner registered under chapter 37 of title 5 and which shall comply with the written consent requirements of the Public Health Service Act, 42 U.S.C. § 290dd-2(b), and 42 CFR 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 health care 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 emergency medical personnel.- (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 health care provider or employee of a health care 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 health care 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 health care provider who recklessly or negligently fails to comply with a person's voluntary non-opiate directive form.
- SECTION 2. This act shall take effect upon passage.
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LC003028- LC003028/SUB A
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- EXPLANATION
BY THE LEGISLATIVE COUNCIL- BY THE LEGISLATIVE COUNCIL
- OF
- A N A C T
- RELATING TO FOOD AND DRUGS – UNIFORM CONTROLLED SUBSTANCES ACT –
- NON-OPIATE DIRECTIVE
- ***
- This act would establish a procedure for individuals to file a revocable voluntary non- opiate directive form with the person's licensed health care practitioner.
This act would take effect upon passage. ======== LC003028 ========- This act would take effect upon passage. ======== LC003028/SUB A ========
Votes
NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the
House or Senate Journal from the day of the vote.
April 10, 2018 at 4:36pm
Yeas: 71 /
Nays: 0 /
Not voting: 4 /
Recused: 0
Floor vote for Passage
In Concurrence
June 23, 2018 at 9:40pm
Yeas: 25 /
Nays: 1 /
Not voting: 11 /
Recused: 0