Section 21-28-2.01 - [Effective 2/1/2025] Authority to control - registration requirements and procedures(a)(1) The director of the department of health shall control all substances enumerated in the most current version of Title 21 of the Code of Federal Regulations (CFR) and may by motion or on the petition of any interested party pursuant to the procedures of chapter 35 of title 42, the Administrative Procedures Act, add, reschedule, or delete a substance as a controlled substance. In making this determination, the director of health shall consider, but not be limited to the following: (i) ( Its actual or relative potential for abuse;(ii) Scientific evidence of its pharmacological effect if known;(iii) State of current scientific knowledge regarding the substance;(iv) Its history and current pattern of abuse;(v) The scope, duration, and significance of abuse;(vi) What, if any, risk there is to the public health;(vii) Its psychic or physiological dependence liability;(viii) Whether the substance is an immediate precursor of a substance already controlled under this chapter.(2) After considering the factors in subdivision (1) of this section the director of health shall make findings with respect to these factors and shall issue an order controlling the substance if it is found that the substance has potential for abuse.(b) If the director of health designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.(c) The director of the department of health shall reference the current version of Title 21 of the CFR as the current list of substances designated, rescheduled, or deleted as a controlled substance for the state. If the director objects to inclusion, rescheduling, or deletion of any substance under the current federal law, or if the director adds or reschedules a controlled substance pursuant to the authority provided in this chapter, the director shall file that decision with the secretary of state and post exempted substances on the department of health website.(d) The following persons need not register and may lawfully possess controlled substances under this chapter: (1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he or she is acting in the usual course of his or her business or employment;(2) A common or contract carrier or warehouse operator, or an employee of a carrier or warehouse operator, whose possession of any controlled substance is in the usual course of business or employment;(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.(e) The director of health may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if he or she finds it consistent with the public health and safety.(f) A separate registration is required at each place of business where the applicant manufactures, distributes, or dispenses controlled substances. A separate registration is required at each place of professional practice at which a practitioner stores controlled substances. A practitioner may prescribe and administer controlled substances, upon registering with the director of health at the applicant's principal place of professional practice.(g) The director of health or his or her authorized agent may inspect the establishment of a registrant or applicant for registration in accordance with his or her regulations.R.I. Gen. Laws § 21-28-2.01
Amended by 2024 Pub. Laws, ch. 390,§ 1, eff. 2/1/2025.Amended by 2024 Pub. Laws, ch. 391,§ 1, eff. 2/1/2025.P.L. 1974, ch. 183, § 2; P.L. 1979, ch. 168, § 1.This section is set out more than once due to postponed, multiple, or conflicting amendments.