216 R.I. Code R. 216-RICR-20-20-5.3

Current through November 7, 2024

Section 216-RICR-20-20-5.3 - Prescribing, Dispensing and Administering Opioid Antagonists

A. Use of an opioid antagonist in accordance with this Part shall be considered first aid or emergency treatment for the purpose of any statute relating to liability.

B. Notwithstanding any other law or Regulation, any person may lawfully possess opioid antagonists.

C. Notwithstanding any other law or Regulation, any healthcare professional may dispense opioid antagonists, consistent with the provisions of this Part.

D. Any prescription for an opioid antagonist shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.

5.3.1Prescribing, Dispensing, and Administering Opioid Antagonists by Healthcare Professionals

A. Opioid antagonists may lawfully be prescribed and dispensed to:

1. Any person at risk of experiencing an opioid-related overdose; and

2. Any person or persons, such as a family member or friend of a person at risk of experiencing an opioid-related overdose, who is reasonably expected by the prescriber to be in a position to respond to such person at risk of experiencing an opioid-related overdose.

B. Prescribing and dispensing healthcare professionals shall ensure that all persons prescribed and/or dispensed opioid antagonists receive the patient information specified in § 5.2(A)(9) of this Part. Provision of the patient information shall be appropriately documented. Patient information may be provided by:

1. Prescribing and dispensing healthcare professionals;

2. Community-based organizations;

3. BHDDH licensed or certified community programs offering support to individuals with a substance use diagnosis; or

4. Any other organization that has a written agreement with a healthcare professional, which agreement must include descriptions of:

a. How the organization will provide patient information about overdose response and use of an opioid antagonist;

b. How employees or volunteers providing patient information are trained; and

c. How patient information is documented.

C. The administering, dispensing, prescribing, purchasing, acquisition, possession, or use of an opioid antagonist by a healthcare professional shall not constitute unprofessional conduct or a violation of any statute or Regulation otherwise enforceable by the Department, provided that the healthcare professional's actions upon which the alleged unprofessional conduct or violation are based were made with reasonable care and based on a good faith effort to assist:

1. A person experiencing, or suspected to be experiencing, an opioid-related drug overdose; or

2. Any person or persons, such as a family member or friend of a person at risk of experiencing an opioid-related overdose, who is in a position to respond to such person experiencing, or suspected to be experiencing, an opioid-related drug overdose.

D. A healthcare professional who prescribes or dispenses an opioid antagonist shall not be subject to any professional disciplinary action for:

1. Prescribing or dispensing in accordance with this Part, or

2. Any outcomes resulting from the administration of an opioid antagonist in accordance with this Part.

E. All emergency medical responders (EMRs), emergency medical technicians (EMTs), Advanced EMT-Cardiac practitioners, and paramedics, licensed in Rhode Island, are authorized and permitted to administer opioid antagonists as clinically indicated.

5.3.2Administration of an Opioid Antagonist (General)

A. Any person may in an emergency, exercising reasonable care, administer an opioid antagonist to him or herself or another person that the administering person believes in good faith is experiencing an opioid-related drug overdose. The person administering the opioid antagonist shall not, as a result of his or her acts or omissions, be liable for any violation of any statute or Regulations enforceable by the Department and shall not be considered to be engaged in the unauthorized practice of medicine or the unlawful possession of an opioid antagonist.

1. Unless a healthcare professional or EMR, the person administering the opioid antagonist shall not bill for administering the opioid antagonist. The person administering the opioid antagonist can never bill for administering the opioid antagonist to him or herself.

B. The administering, purchasing, acquisition, possession, or use of an opioid antagonist in accordance with this Part by any person, including asset forth in § 5.3.1(C) of this Part, any healthcare professional shall not constitute unprofessional conduct or a violation of any statute or Regulation otherwise enforceable by the Department, provided that the person's actions upon which the alleged unprofessional conduct or violation are based were made with reasonable care and on a good faith effort to assist:

1. A person experiencing, or suspected to be experiencing, an opioid-related drug overdose; or

2. Any person or persons, such as a family member or friend of a person at risk of experiencing, an opioid-related drug overdose who is in a position to respond to such person experiencing or suspected to be experiencing an opioid-related drug overdose.

C. A person who, acting in good faith and with reasonable care, administers an opioid antagonist to a person experiencing or suspected to be experiencing an opioid-related drug overdose shall be immune from sanction under any professional licensing statute, in addition to immunity already granted in R.I. Gen. Laws Chapter 21-28.9.

216 R.I. Code R. 216-RICR-20-20-5.3

Amended effective 7/26/2022