WeVote
Log In

Bill

Bill

HB 5866

AN ACT RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

2025 Regular Session Introduced by Jennifer Boylan and 9 co-sponsors

Rhode Island updates prescriptions for controlled substances: move to electronic transmission, 2-year retention, and rules for hard-copy, fax, oral, emergency, and partial fills.

06/23/2025 Signed by Governor
0
WeVote Research Nonpartisan
Bill Summary · HB 5866

Summary — HB 5866: “AN ACT RELATING TO FOOD AND DRUGS — UNIFORM CONTROLLED SUBSTANCES ACT”

Note: The provided materials include two different drafts that used the same bill number (one Michigan Tax Tribunal draft and substitute texts for Rhode Island). The enacted measure (signed 06/23/2025) is the Rhode Island amendment to the Uniform Controlled Substances Act (section 21‑28‑3.18) dealing with prescriptions. This summary focuses on that enacted Rhode Island law.

Purpose

To update statutory requirements for prescribing, transmitting, retaining, and dispensing controlled substances (Schedules II–V), modernize prescriptions through an electronic transmission system, and clarify exceptions (fax/oral/emergency/partial fills) for certain settings (long‑term care, hospice, compounding).

Key provisions

  • Applicability: Amends R.I. Gen. Laws § 21‑28‑3.18 (Prescriptions) for controlled substances in Schedules II–V.
  • Record retention: Pharmacies must retain prescriptions on file and readily accessible for inspection for two (2) years.
  • Hard‑copy schedule II prescriptions:
    • Must be filed separately and are not refillable.
    • Pharmacist filling a hard copy must sign full name and record date of filling on the prescription.
  • Electronic prescriptions:
    • Director of Health must promulgate rules to adopt an electronic data transmission system for Schedules II–V.
    • Opioid antagonists (e.g., naloxone) are to be transmitted with controlled substance prescriptions; data collected on opioid antagonists is limited to statistical/research/educational use and must have identifying information removed.
    • Rules to require electronic transmission no sooner than Jan 1, 2020 (statutory language retains that date).
  • Fax exceptions (facsimile may serve as original prescription) when permitted by departmental rules for:
    • Compounded Schedule II narcotics for direct parenteral/IV/IM/subcutaneous/intraspinal administration.
    • Residents of long‑term care facilities.
    • Hospice patients (practitioner must note hospice status on the fax).
  • Oral prescriptions:
    • Oral prescriptions are permitted for Schedules III–V; the dispensing pharmacist must immediately reduce the oral order to writing and retain it.
    • Limits for Schedules III–V: cannot be filled/refilled more than six months after issue and no more than five refills; each refill logged with date, amount, and dispenser identity.
  • Emergency oral authorization for Schedule II:
    • Quantity limited to emergency period; prescriber must deliver a signed written prescription within seven (7) days marked “authorization for emergency dispensing.”
  • Partial fills for Schedule II:
    • Allowed when pharmacy cannot supply full quantity; remaining portion may be filled within 72 hours; otherwise pharmacist must notify prescriber and a new prescription is required (special LTCF/hospice provisions also included in text).

Who is affected

  • Pharmacies/apothecaries and their proprietors (recordkeeping, filing, dispensing rules).
  • Practitioners/prescribers (signing, transmitting prescriptions, emergency follow‑up).
  • Patients — especially residents of long‑term care facilities and hospice patients (special transmission and filling rules).
  • Rhode Island Department of Health — rulemaking authority to implement electronic transmission and related procedures.
  • Entities handling opioid antagonist data — subject to limitations and de‑identification requirements.

Timeline / Process

  • Introduced: 02/28/2025 (House Health & Human Services).
  • House passed Sub A (04/22/2025); Senate passed Sub B (06/12/2025).
  • Transmitted to Governor: 06/16/2025.
  • Signed by Governor: 06/23/2025.
  • Implementation details (electronic transmission rules, data handling procedures) will be specified through Department of Health rulemaking.

Potential impacts / considerations

  • Modernizes and standardizes electronic prescribing for controlled substances but delegates key details and timelines to Department of Health rulemaking.
  • Raises privacy/data‑use issues for opioid antagonist dispensing data (statistical/research use only; required de‑identification).
  • May require operational changes at pharmacies, long‑term care facilities, hospices, and prescribers to comply with filing, transmission, and partial‑fill procedures.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.