reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article II - Standards and Schedules › Section 21-28-2.10. - Exemption of dextromethorphan.

§ 21-28-2.10. Exemption of dextromethorphan.
Dextromethorphan shall not be deemed to be included in any schedule unless controlled pursuant to the provisions of this article.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.01. - Rules and regulations — Fees.

§ 21-28-3.01. Rules and regulations — Fees.
The director of health is authorized, empowered, and directed to make any rules and regulations consistent with the provisions of this chapter and to provide any fees for licenses, registrations, and forms that he or she may deem proper to promote the enforcement of this chapter.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.02. - Registration requirements.

§ 21-28-3.02. Registration requirements.
(a)
Every person who manufactures, distributes, prescribes, administers, or dispenses any controlled substance within this state, or who proposes to engage in the manufacture, distribution, prescribing, administering, or dispensing of any controlled substance within this state, must obtain annually a registration issued by the director of health in accordance with his or her rules.
(b)
Persons registered by the director of health under this chapter to manufacture, distribute, prescribe, administer, dispense, or conduct research with those substances may do so to the extent authorized by their registration and in conformity with the other provisions of this chapter.
(c)
As a condition of the initial registration or renewal of the practitioner’s authority to prescribe controlled substances, all such practitioners shall be automatically registered with the prescription-drug-monitoring database maintained by the department of health.
(d)
By January 1, 2017, the director of health shall develop regulations for appropriate training in best prescribing practices needed for license renewal.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 2016, ch. 180, § 1; P.L. 2016, ch. 199, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.03. - Registration.

§ 21-28-3.03. Registration.
(a)
The director of health shall register an applicant to manufacture, distribute, prescribe, administer, or dispense controlled substances unless he or she determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the director of health may consider, but shall not be limited to, the following factors:
(1)
Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2)
Compliance with applicable federal, state, and local law;
(3)
Conviction of a crime or plea of nolo contendere by the applicant of any state or federal law involving the sale of, trafficking in, or abuse of a controlled substance;
(4)
Past experience in the manufacture, distribution, prescribing, administration, or dispensing of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion;
(5)
Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
(6)
Suspension or revocation of the applicant’s federal registration to manufacture, distribute, prescribe, administer, or dispense controlled substances as authorized by federal law.
(b)
Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in schedule I or II other than those specified in his or her registration.
(c)
Practitioners must be registered in accordance with subsection (a) of this section to prescribe, administer, and dispense any controlled substance or to conduct research with controlled substances in schedules II through V. The director of health need not require separate registration under this section for practitioners engaging in research with non-narcotic controlled substances in schedules II through V where the registrant is already registered under this chapter in another capacity. Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the director of health evidence of that federal registration.
(d)
Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this chapter.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1980, ch. 257, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.04. - Suspension or revocation of registration.

§ 21-28-3.04. Suspension or revocation of registration.
(a)
A registration to manufacture, distribute, prescribe, administer, or dispense a controlled substance may be suspended or revoked by the director of health upon a finding that the continuance of that registration would be inconsistent with the public interest. In considering the public interest, the director of health may consider, but shall not be limited to, the following factors:
(1)
Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2)
The registrant is not in compliance with applicable federal, state, or local law;
(3)
The registrant has been convicted of a crime or has pleaded nolo contendere to a violation of any state or federal law;
(4)
The registrant or registrant’s establishment lacks or cannot establish or maintain effective controls to guard against diversion of controlled substances;
(5)
That the applicant or registrant has furnished false or fraudulent material information in any application filed under this chapter;
(6)
That the registrant has had his or her federal registration to manufacture, distribute, prescribe, administer, or dispense controlled substances suspended or revoked;
(7)
Abuse or excessive use of controlled substances by the registrant; or
(8)
Possessing, using, prescribing, dispensing, or administering controlled substances except for a legitimate medical or scientific purpose.
(b)
The director of health may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c)
If the director of health suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under embargo. No disposition may be made of substances under embargo until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application for the court order, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances or the proceeds of the sale of the controlled substances shall be forfeited to the state.
(d)
The director of health shall promptly notify the Drug Enforcement Administration of all orders or revoking registration and all forfeitures of controlled substances.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1980, ch. 257, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.05. - Order to show cause.

§ 21-28-3.05. Order to show cause.
(a)
Before denying, suspending, or revoking a registration, or refusing a renewal of a registration, the director of health shall serve upon the applicant or registrant an order to show cause why the registration should not be denied, revoked, or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis of the order and shall call upon the applicant or registrant to appear before the director of health at a time and place stated in the order but in no event less than thirty (30) days after the date of receipt of the order. Proceedings to deny, suspend, or revoke shall be conducted pursuant to this section in accordance with chapter 35 of title 42, the Administrative Procedures Act. The proceedings shall be independent of, and not in lieu of, criminal prosecution or other proceedings under this chapter or any law of the state.
(b)
The director of health may suspend for a period of ten (10) days any registration simultaneously with the institution of proceedings under this section in cases where he or she finds that there is an imminent danger to the public health or safety. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review of them, unless sooner withdrawn by the director of health or dissolved by a court of competent jurisdiction.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 2002, ch. 292, § 54.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.06. - License required for manufacture.

§ 21-28-3.06. License required for manufacture.
No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare controlled substances, and no person as a wholesaler shall supply controlled substances, without first having obtained a license to do so from the director of health.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.07. - Qualifications for licensees.

§ 21-28-3.07. Qualifications for licensees.
(a)
No license shall be issued under § 21-28-3.06 unless and until the applicant for the license has furnished proof satisfactory to the department:
(1)
That the applicant is of good moral character or, if the applicant is an association or corporation, that the managing officers are of good moral character.
(2)
That the applicant is equipped as to land, buildings, and paraphernalia to properly carry on the business prescribed in his or her application.
(3)
That the applicant maintains effective controls against diversion of controlled substances into other than legitimate channels.
(b)
No license shall be granted to any person who has within five (5) years been convicted of a willful violation of any law of the United States or of any state relating to controlled substances.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.08. - Disposition of license fees.

§ 21-28-3.08. Disposition of license fees.
All fees for licenses and registrations under this chapter shall be turned over to the general treasurer for the use of the state.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.10. - Authorized sales by manufacturers and wholesalers on official written orders.

§ 21-28-3.10. Authorized sales by manufacturers and wholesalers on official written orders.
A duly licensed manufacturer or wholesaler may sell and distribute controlled substances on official written orders to any of the following persons:
(1)
To a manufacturer or wholesaler;
(2)
To a practitioner;
(3)
To a person in charge of a hospital, but only for use by or in that hospital;
(4)
To a person in charge of a laboratory, but only for use by or in that laboratory;
(5)
To any other person lawfully permitted to possess controlled substances under federal law.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.11. - Form, delivery, and preservation of official written orders.

§ 21-28-3.11. Form, delivery, and preservation of official written orders.
(a)
An official written order for any controlled substance shall be signed in duplicate by the person giving the order or by his or her duly authorized agent. The original shall be presented to the person who sells or distributes the controlled substances named in it. In the event of the acceptance of the order by that person, each party to the transaction shall preserve his or her copy of the order for a period of two (2) years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter. It shall be deemed a compliance with this section if the parties to the transaction have complied with the federal law respecting the requirements governing the use of order forms.
(b)
Nothing in this section shall be construed as prohibiting the person giving the order, or his or her duly authorized agent, from presenting said order to the person who sells or distributes the controlled substances named in it by use of facsimile transmission.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 2014, ch. 481, § 1; P.L. 2014, ch. 532, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.12. - Records of controlled substances used in professional practice.

§ 21-28-3.12. Records of controlled substances used in professional practice.
Every practitioner or other person who is authorized to administer or professionally use controlled substances shall keep a record of controlled substances received by him or her, and a record of all controlled substances administered, dispensed, or professionally used by him or her; other than by prescription.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.13. - Records of manufacturers and wholesalers.

§ 21-28-3.13. Records of manufacturers and wholesalers.
Manufacturers and wholesalers shall keep records of all controlled substances compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all controlled substances received and disposed of by them in accordance with the provisions of this chapter.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.14. - Records of apothecaries.

§ 21-28-3.14. Records of apothecaries.
Apothecaries shall keep records of all controlled substances received and disposed of by them, as provided in this chapter.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.15. - Records of vendors of schedule V substances.

§ 21-28-3.15. Records of vendors of schedule V substances.
Every person who purchases for resale, or who sells controlled substances listed in schedule V excepted by this chapter, shall keep a record showing the quantities and kinds of controlled substances received and sold, or disposed of otherwise, in accordance with the provisions of this chapter.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.16. - Form, content, and preservation of records.

§ 21-28-3.16. Form, content, and preservation of records.
(a)(1)
The form of records and who shall keep the records shall be prescribed by the director of health. The records of controlled substances received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of controlled substances received.
(2)
A manufacturer shall maintain on a current basis a complete and accurate record of all controlled substances manufactured, sold, delivered, or otherwise disposed of by him or her. The records shall be reported to the director of health monthly.
(3)
A wholesaler shall maintain on a current basis a complete and accurate record of all controlled substances sold, delivered, or disposed of by him or her. The records shall be reported to the director of health monthly.
(4)
All persons authorized to handle controlled substances under this chapter shall immediately report to the director of health all controlled substances lost, destroyed, or stolen, and the kind and quantity of the controlled substances and the date of the discovery of the loss, destruction or theft.
(b)
The record of all controlled substances sold, administered, dispensed, or disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of the controlled substance. Every record shall be kept for a period of two (2) years from the date of the transaction recorded. The keeping of a record required by or under the federal law, containing substantially the same information as is specified in this section, shall constitute compliance with this section. All persons authorized to handle controlled substances shall conduct a biannual inventory of all controlled substances.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.17. - Records open to inspection.

§ 21-28-3.17. Records open to inspection.
All records required to be kept under the provisions of this chapter shall at all times be open to inspection by the director of health and by the authorized agents of the director of health.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.19. - Sale of stock on discontinuance of pharmacy business.

§ 21-28-3.19. Sale of stock on discontinuance of pharmacy business.
The legal owner of any stock of controlled substances in a pharmacy, upon discontinuance of dealing in the controlled substances, may sell the stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.20.1. - Authority of practitioner to prescribe, administer, and dispense — Cancer, palliative care, and chronic intractable pain.

§ 21-28-3.20.1. Authority of practitioner to prescribe, administer, and dispense — Cancer, palliative care, and chronic intractable pain.
(a)
A practitioner, in good faith and in the course of his or her professional practice managing pain associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic intractable pain as provided in § 5-37.4-2, or other condition allowed by department of health regulations pursuant to the exception in § 21-28-3.20(d), may prescribe, administer, and dispense controlled substances without regard to the CDC Clinical Practice Guideline for Prescribing Opioids for Pain—United States, 2022.
(b)
The director of health may promulgate those rules and regulations necessary to effectuate the provisions of this section and ensure that rules governing pain management associated with a cancer diagnosis, palliative or nursing home care, intractable or chronic intractable pain as provided in § 5-37.4-2, or other condition allowed by department of health regulations pursuant to the exception created in § 21-28-3.20(d), shall:
(1)
Take into consideration the individualized needs of patients covered by this section; and
(2)
Make provisions for practitioners, acting in good faith, and in the course of their profession, and managing pain associated with their patients’ illness to use their best judgment notwithstanding any statute, rule, or regulation to the contrary.
History of Section.
P.L. 2021, ch. 37, § 3, effective June 2, 2021; P.L. 2021, ch. 38, § 3, effective June 2, 2021; P.L. 2023, ch. 190, § 1, effective June 23, 2023; P.L. 2023, ch. 191, § 1, effective June 23, 2023.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.21. - Operation of treatment and rehabilitation programs for drug dependent persons.

§ 21-28-3.21. Operation of treatment and rehabilitation programs for drug dependent persons.
The administering or dispensing directly, but not prescribing, of any controlled substance listed in any schedule to a drug dependent person for the purpose of continuing his or her dependence upon the drugs in the course of conducting an authorized clinical investigation in the development of a treatment and rehabilitation program for drug dependent persons shall be deemed to be within the meaning of the term “in the course of professional practice,” provided that:
(1)
Approval is obtained prior to the initiation of the program by submission of an application for approval to proper federal authorities; and
(2)
A license to operate the program within the state is obtained from the director of health.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.22. - Administration, dispensation or use restricted to scope of employment or duty.

§ 21-28-3.22. Administration, dispensation or use restricted to scope of employment or duty.
A person in charge of a hospital or a laboratory, or in the employ of this state, or of any other state, or of any political subdivision of a state, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia to practice his or her profession, or a retired commissioned medical officer of the United States Army, Navy, Air Force, or public health service employed upon that ship or aircraft who obtains controlled substances whether under the provisions of this chapter or otherwise, shall not administer nor dispense, nor use those controlled substances within this state, except within the scope of his or her employment or official duty, and then only for scientific or medical purposes and subject to the provisions of this chapter.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.23. - Advertising controlled substances.

§ 21-28-3.23. Advertising controlled substances.
No practitioner, manufacturer, or wholesaler shall solicit by public advertisement or otherwise application to him or her for prescription for, or sales of, controlled substances, or shall publicly advertise any treatment the principal element of which consists in the administering, dispensing, furnishing, giving away, or delivering of a controlled substance, except, that the manufacturer or wholesaler may advertise in journals and publications or by other means intended for circulation among the medical profession and drug trade generally.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.24. - Examination before use of controlled substances.

§ 21-28-3.24. Examination before use of controlled substances.
No physician, dentist, osteopath, chiropodist, or veterinarian shall administer, dispense, or prescribe any controlled substance in schedules II, III, and IV, except after an original physical examination of the person for whom, or the animal for which the controlled substance is intended.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.25. - Subpoena powers.

§ 21-28-3.25. Subpoena powers.
The director of health shall have power to administer oaths, summon and examine witnesses, and order the production and examination of books, accounts, papers, records, and documents in any proceedings within the jurisdiction of the department. All subpoenas, and orders for the production of books, accounts, papers, records, and documents shall be signed and issued by the director of health and served as subpoenas in civil cases in the superior court are now served, or in lieu of that service served by an officer, agent, or representative designated by the director of health. If the person subpoenaed before the director of health fails to obey the command of the subpoena without reasonable cause, or if a person in attendance before the director of health shall, without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal or pertinent question, or if any person shall fail to produce the books, accounts, papers, records, and documents material to the issue, set forth in an order duly served on him or her, the director of health may apply to any justice of the superior court of any county, upon proof of affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing that person to show cause before the justice who made the order to any other justice why he or she should not be adjudged in contempt. Upon the return of the order the justice before whom the matter is brought on for a hearing shall examine under oath that person, and that person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records, and documents, material to the issue which he or she was ordered to bring or produce, he or she may immediately commit the offender to jail, there to remain until the offender submits to do the act which he or she was required to do, or is discharged according to law; provided, that no person testifying shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.26. - Labeling by manufacturers and wholesalers.

§ 21-28-3.26. Labeling by manufacturers and wholesalers.
Whenever a manufacturer sells a controlled substance in packages designed for sale at retail and whenever a wholesaler sells or distributes a controlled substance in a package prepared by him or her, the manufacturer shall securely affix to each individual package in which that controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained in it. No person, except an apothecary for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1975, ch. 268, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.27. - Labeling by dispensing apothecaries.

§ 21-28-3.27. Labeling by dispensing apothecaries.
Whenever an apothecary sells or dispenses any controlled substance on a prescription issued by a practitioner, he or she shall affix to the container in which the controlled substance is sold or dispensed, a label showing his or her own name and address, or the name, and address of the apothecary for whom he or she is lawfully acting; the label shall be printed, typed, or a combination of printed and typed, but shall not be hand written; the name and address of the patient, or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; the name of the practitioner by whom the prescription was written or ordered; the number of pills dispensed, and any directions that may be stated on the prescription. No person shall alter, deface, or remove any label so affixed.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1987, ch. 396, § 1; P.L. 1990, ch. 310, § 1; P.L. 1999, ch. 91, § 1; P.L. 1999, ch. 143, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.28. - Security requirements generally.

§ 21-28-3.28. Security requirements generally.
Security requirements for controlled substances shall be the same as those enumerated in federal law; provided, that the director of health may promulgate additional rules and regulations as required to prevent diversion of controlled substances.
History of Section.
P.L. 1974, ch. 183, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.30. - Persons exempt from restrictions on possession of controlled substances.

§ 21-28-3.30. Persons exempt from restrictions on possession of controlled substances.
The provisions of this chapter restricting the possession and having control of controlled substances shall not apply to:
(1)
Common carriers or to warehouse operators while engaged in lawfully transporting or storing controlled substances, or to any employee of them acting within the scope of his or her employment;
(2)
Public officers or their employees in the performance of their official duties requiring possession or control of controlled substances;
(3)
Temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties, or emergency medical personnel in the performance of their official duties; or
(4)
Persons lawfully in possession or control by reason of a proper order, prescription, license, or registration.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1992, ch. 434, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article III - Regulation of Manufacturing, Distributing, Prescribing, Administering, and Dispensing Controlled Substances › Section 21-28-3.31. - Use of imitation controlled substance in research — Immunity.

§ 21-28-3.31. Use of imitation controlled substance in research — Immunity.
No civil or criminal liability shall be imposed by virtue of this chapter on any practitioner, apothecary, or other person registered under this chapter who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research.
History of Section.
P.L. 1982, ch. 151, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.01.2. - Certain quantities of controlled substances.

§ 21-28-4.01.2. Certain quantities of controlled substances.
(a)
Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture, sell, or deliver the following enumerated quantities of certain controlled substances:
(1)
More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of heroin;
(2)
More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of:
(i)
Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(ii)
Cocaine, its salts, optical and geometric isomers, and salts of isomers;
(iii)
Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(iv)
Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in paragraphs (i) — (iii) of this subdivision;
(3)
More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand (1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(4)
More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(5)
More than five kilograms (5 kgs.) of a mixture containing a detectable amount of marijuana;
(6)
More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of synthetic drugs; or
(7)
More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of fentanyl or its analogs, including, but not limited to: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and geometric isomers, salts, and salts of isomers (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2carboxamide (furanyl fentanyl); and N-Phenethyl-4-piperidinone (4-AN-PP); or
(8)
More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of carfentanil; or
(9)
More than one kilogram (1 kg.) of 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and geometric isomers, salts, and salts of isomers; or
(10)
More than one kilogram (1 kg.) of amphetamine, its salts, optical isomers, and salts of its optical isomers; or
(11)
More than one kilogram (1 kg.) of methamphetamine, its salts, and salts of its isomers.
(b)
Any person who violates this section shall be guilty of a crime, and upon conviction, may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000).
History of Section.
P.L. 1988, ch. 337, § 1; P.L. 1991, ch. 256, § 1; P.L. 1991, ch. 296, § 1; P.L. 2009, ch. 345, § 1; P.L. 2009, ch. 346, § 1; P.L. 2014, ch. 81, § 1; P.L. 2014, ch. 90, § 1; P.L. 2017, ch. 103, § 1; P.L. 2017, ch. 114, § 1; P.L. 2021, ch. 286, § 2, effective July 9, 2021; P.L. 2021, ch. 287, § 2, effective July 9, 2021.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.02. - Prohibited acts B — Penalties.

§ 21-28-4.02. Prohibited acts B — Penalties.
(a)
It shall be unlawful for any person:
(1)
Who is subject to article III to distribute or dispense a controlled substance in violation of § 21-28-3.18;
(2)
Who is a registrant to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;
(3)
To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice or information required under this chapter;
(4)
To refuse an entry into any premises for any inspection authorized by this chapter.
(b)
Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.03. - Prohibited acts C — Penalties.

§ 21-28-4.03. Prohibited acts C — Penalties.
(a)
It is unlawful for any person knowingly or intentionally:
(1)
To distribute as a registrant a controlled substance, except pursuant to an order form as required by § 21-28-3.10;
(2)
To use in the course of the manufacture or distribution of a controlled substance a registration number, which is fictitious, revoked, suspended, or issued to another person;
(3)
To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(4)
To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter or any record required to be kept by this chapter; or
(5)
To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of these upon any drug or container or labeling of the drug or container so as to render the drug a counterfeit substance.
(b)
Any person who violates this chapter is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.04. - Sale of hypodermic syringes and needles and retractable hypodermic syringes and needles.

§ 21-28-4.04. Sale of hypodermic syringes and needles and retractable hypodermic syringes and needles.
(a)
Hypodermic and retractable hypodermic syringes, needles, or any instrument adapted for the administration of drugs by injection shall not be sold except in licensed pharmacies. Every sale shall be made subject to the rules and regulations of the director of the department of health.
(b)
The following conditions shall apply to all purchases of hypodermic and retractable hypodermic syringes or needles:
(1)
Pharmacists shall make available to each purchaser at the time of purchase information regarding the safe disposal of hypodermic and retractable hypodermic syringes or needles, as promulgated by the Rhode Island resource recovery corporation, in conjunction with the department of health, including local disposal locations or a telephone number to call for that information;
(2)
Pharmacists may also provide purchasers with information on drug addiction treatment, including a local telephone number to get assistance;
(3)
The director of health shall adopt rules and regulations relative to the content, format, and distribution of any materials required under this section and any other matter necessary to effectuate the purposes of this section;
(4)
At all licensed pharmacies where hypodermic and retractable hypodermic needles and syringes are kept for retail sale pursuant to this section, the needles and syringes shall be stored in a manner that makes them available only to authorized personnel and not openly available to customers;
(5)
A registered pharmacy or licensed pharmacist that sells hypodermic and retractable hypodermic needles or syringes must certify to the director of the department of health participation in an activity that supports proper disposal of used hypodermic and retractable hypodermic needles or syringes.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1979, ch. 73, § 1; P.L. 1985, ch. 154, § 1; P.L. 1994, ch. 30, § 2; P.L. 1998, ch. 264, § 1; P.L. 2000, ch. 363, § 1; P.L. 2000, ch. 520, § 1; P.L. 2001, ch. 285, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.05. - Prohibited acts E — False representations to obtain controlled substances.

§ 21-28-4.05. Prohibited acts E — False representations to obtain controlled substances.
(a)
No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of a controlled substance:
(1)
By fraud, deceit, misrepresentation, or subterfuge;
(2)
By the forgery or alteration of a prescription or of any written order;
(3)
By the concealment of material fact; or
(4)
By the use of a false name or the giving of a false address.
(b)
Information communicated to a physician in an unlawful effort to procure the administration of a controlled substance shall not be deemed a privileged communication.
(c)
No person shall willfully make a false statement in any prescription, order, report, or record, required by this chapter.
(d)
No person shall, for the purpose of obtaining a controlled substance, falsely assume the title of, or represent himself or herself to be, a manufacturer, wholesaler, practitioner, or other authorized person.
(e)
No person shall make or utter any false or forged prescription or false or forged written order for controlled substances.
(f)
No person shall affix any false or forged label to a package or receptacle containing controlled substances.
(g)
Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, and fined not more than ten thousand dollars ($10,000), or both.
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28 - Uniform Controlled Substances Act › Article IV - Offenses and Penalties › Section 21-28-4.06. - Prohibited acts F — Places used for unlawful sale, use, or keeping of controlled substances.

§ 21-28-4.06. Prohibited acts F — Places used for unlawful sale, use, or keeping of controlled substances.
(a)
Any store, shop, warehouse, building, vehicle, aircraft, vessel, or any place which is used for the unlawful sale, use, or keeping of a controlled substance shall be deemed a common nuisance.
(b)
Any person who violates this section with respect to:
(1)
Knowingly keeping and maintaining a common nuisance as described in subsection (a) may be imprisoned for not more than five (5) years, and fined not more than five thousand dollars ($5,000), or both;
(2)
Knowingly permitting any store, shop, warehouse, building, vehicle, aircraft, vessel, or any place which is owned or controlled by him or her to be used as a common nuisance may be imprisoned for not more than fifteen (15) years, and fined not more than twenty thousand dollars ($20,000), or both;
(3)
Knowingly visiting a common nuisance as described in subsection (a) for the purpose of using or taking in any manner any controlled substance may be imprisoned for not more than one year and fined not more than five hundred dollars ($500).
History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1985, ch. 154, § 1.