§ 5-37.4-3. Controlled substances.
(a) A practitioner may prescribe, administer, or dispense controlled substances not prohibited
by law for a therapeutic purpose to a person diagnosed and treated by a practitioner
for a condition resulting in intractable pain, if this diagnosis and treatment has
been documented in the practitioner's medical records. No practitioner shall be subject
to disciplinary action by the board solely for prescribing, administering, or dispensing
controlled substances when prescribed, administered, or dispensed for a therapeutic
purpose for a person diagnosed and treated by a practitioner for a condition resulting
in intractable pain, if this diagnosis and treatment has been documented in the practitioner's
medical records.
(b) The provisions of subsection (a) of this section do not apply to those persons being
treated by a practitioner for chemical dependency because of their use of controlled
substances not related to the therapeutic purposes of treatment of intractable pain.
(c) The provisions of subsection (a) of this section provide no authority to a practitioner
to prescribe, administer, or dispense controlled substances to a person the practitioner
knows or should know to be using the prescribed, administered, or dispensed controlled
substance nontherapeutically.
(d) Drug dependency or the possibility of drug dependency in and of itself is not a reason
to withhold or prohibit prescribing, administering, or dispensing controlled substances
for the therapeutic purpose of treatment of a person for intractable pain, nor shall
dependency relating solely to this prescribing, administering, or dispensing subject
a practitioner to disciplinary action by the director.
(e) In coordination with §§ 21-28-3.20 and 21-28-3.20.1, the director of health may promulgate rules and regulations necessary to effectuate
the purpose of this chapter and ensure that patients with intractable or chronic intractable
pain are treated or referred to an appropriate specialist.
(f) Nothing in this section shall be construed to prohibit a practitioner or pharmacist
from denying a prescription based on their best clinical judgment.
(g) Nothing in this section shall deny the right of the director to deny, revoke, or suspend
the license of any practitioner or discipline any practitioner who:
(1) Prescribes, administers, or dispenses a controlled substance that is nontherapeutic
in nature or nontherapeutic in the manner in which it is prescribed, administered,
or dispensed, or fails to keep complete and accurate ongoing records of the diagnosis
and treatment plan;
(2) Fails to keep complete and accurate records of controlled substances received, prescribed,
dispensed, and administered, and disposal of drugs as required by law or of controlled
substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of
1970, 21 U.S.C. § 801 et seq. A practitioner shall keep records of controlled substances received, prescribed,
dispensed and administered, and disposal of these drugs shall include the date of
receipt of the drugs, the sale or disposal of the drugs by the practitioner, the name
and address of the person receiving the drugs, and the reason for the disposal or
the dispensing of the drugs to the person;
(3) Writes false or fictitious prescriptions for controlled substances as prohibited by
law, or for controlled substances scheduled in the Comprehensive Drug Abuse Prevention
and Control Act of 1970, 21 U.S.C § 801 et seq.; or
(4) Prescribes, administers, or dispenses in a manner which is inconsistent with provisions
of the law, or the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq., any controlled substance.
(h) A practitioner may administer a controlled substance prescribed by a practitioner
and not prohibited by law for a therapeutic purpose to a person diagnosed and treated
by a practitioner for a condition resulting in intractable pain, if this diagnosis
and treatment has been documented in the practitioner's medical records. No practitioner
shall be subject to disciplinary action by the director solely for administering controlled
substances when prescribed or dispensed for a therapeutic purpose for a person diagnosed
and treated by a practitioner for a condition resulting in intractable pain, if this
diagnosis and treatment has been documented in the practitioner's medical records
of the patient.