Title 5, Title 5 and Professions

Pharmacists when dispensing a prescription shall, unless requested otherwise by the individual presenting the prescription in writing, substitute drugs containing all the same active chemical ingredients of the same strength, quantity, and dosage form as the drug requested by the…

(a) Pharmacists when dispensing a prescription for any biological product shall, unless requested otherwise by the individual presenting the prescription in writing, substitute the product with an interchangeable biological product in accordance with the provisions of § 21-31-16.…

(a) “Biological product” means a “biological product” as defined in the “Public Health Service Act,” 42 U.S.C. § 262. (b) “Board” means the Rhode Island board of pharmacy. (c) “Change of ownership” means: (1) In the case of a pharmacy, manufacturer, or wholesaler that is a partne…

Every licensed pharmacist who desires to practice pharmacy shall secure from the department a license pursuant to the provisions of §§ 5-19.1-8 and 5-19.1-14, the fee for which shall be determined by the director. The renewal fee shall also be determined in regulation by the dire…

The board of pharmacy, with the approval of the director, may deny, suspend, revoke, or otherwise discipline the licensee upon proof that: (1) The license was procured through fraud, misrepresentation, or deceit; (2) The licensee has violated any of the laws of this state or the …

Nothing contained in this chapter shall apply to any practitioner with authority to prescribe who does not keep open shop for the retailing, dispensing of medicines and poisons, nor prevent him or her from administering or supplying to his or her patients such articles as he or s…

Any person who shall take or use or exhibit in or upon any place of business, or advertise in a newspaper, telephone directory, or other directory, or by electronic media, or in any other manner, the title of pharmacist, pharmacy intern, druggist, pharmacy, drug store, medicine s…

In the event a pharmacist receives a request for a prescription refill, and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a seventy-two-hour (72) supply of the prescribed medic…

The director of health, board members, and their agents and employees shall be immune from suit in any action, civil or criminal, based on any disciplinary proceeding or other official act performed in good faith in the course of their duties under this chapter. There shall be no…

In any case of the refusal, suspension, or revocation of a license by the board, with the approval of the director, under the provisions of this chapter, appeal may be taken in accordance with the administrative procedures act, chapter 35 of title 42.

Any person who engages in any activity that requires a license or registration under this chapter without obtaining a license as required by this chapter shall be guilty of a misdemeanor and shall upon conviction be fined not more than five hundred dollars ($500).

If any provision of this chapter or of any rule or regulation made pursuant to this chapter or the application of the chapter, rule, or regulation thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or r…

(a) Any proceeding or other business or matter undertaken or commenced prior to January 1, 2002, and pending on January 1, 2002, may be conducted and completed by the director of the department of health, board of pharmacy, or by a subordinate under his or her direction, in the s…

(a) Within the department of health, there shall be a board of pharmacy, consisting of nine (9) individuals, residents of the state of Rhode Island, one of whom shall be a registered pharmacist who is currently employed in the department of pharmacy at a hospital corporation in t…

(a) The director of the department of health shall compile a list of at least ten (10) prescribed health maintenance drugs and forward it to the board of pharmacy, which shall distribute that list to all pharmacies in the state. Each pharmacy shall post, in a clear and legible fo…

(a) Parental consent shall be required for all pharmacist-administered immunizations for individuals under the age of eighteen (18) years. (b) The department of health shall require a pharmacist who is authorized to administer influenza and COVID-19 immunizations to individuals b…

(a) Upon receiving consent from the patient, a pharmacist performing a limited-function test in accordance with this chapter shall report test results to the patient’s primary care practitioner, if known, within a reasonable period of time. In the event that a patient with an abn…

(a) A pharmacist may dispense a Schedule II controlled substance, as listed in § 21-28-2.08, as a partial fill if requested by the patient or the prescriber. (b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the ori…

(a) The director of the department of health shall compile a list of at least the ten (10) most prescribed drugs containing opioids and/or other Schedule II controlled substances as listed in § 21-28-2.08 and forward it to the board of pharmacy which shall distribute that list to…

(a) When an on-site audit of the records of a pharmacy is conducted by a carrier or its intermediary, the audit must be conducted in accordance with the following criteria: (1) A finding of overpayment or underpayment must be based on the actual overpayment or underpayment, and n…

(a) In accordance with this chapter and adopted by the state board of pharmacy, a pharmacist may prescribe and dispense all short-term, FDA-approved hormonal contraceptives. (b) The state board of pharmacy shall adopt rules to establish, in consultation with the Rhode Island depa…

In the event a pharmacist receives a request for a prescription refill, and the pharmacist is unable to readily obtain refill authorization from the prescriber, or the patient does not have a prescriber, the pharmacist may dispense a one-time refill for continuation of therapy, u…

(a) In accordance with this chapter and adopted by the state board of pharmacy, a pharmacy technician or pharmacy intern may perform technology-assisted dispensing process validation for medications prepared for distribution by another pharmacy technician or intern within an inst…

Members of the board shall meet at the times that it shall determine and as often as necessary to discharge the duties imposed upon it. The board shall elect a chairperson and a secretary from among its members annually in March. The simple majority of the board of pharmacy shall…

The board, subject to the approval of the director, shall: (1) Regulate the practice of pharmacy and enforce all laws relating to pharmacy; (2) Approve examinations for applicants for pharmacists’ licenses; (3) Establish the qualifications for licensure of pharmacists, pharmacy i…

The director of health is authorized to appoint in accordance with the provisions of chapter 4 of title 36 an inspector or inspectors who shall be registered pharmacists, and any other necessary assistants who shall perform such duties as the board of pharmacy shall designate.

The director shall: (1) Establish reasonable license and examination fees; (2) Be authorized to appoint an inspector or inspectors who shall be registered pharmacists, and any other necessary assistants who shall perform such duties as the director shall designate; (3) Issue, pur…

(a) No person shall engage in the practice of pharmacy, establish, conduct, or maintain a pharmacy or wholesale drug operation, or manufacture drugs without obtaining a license under this chapter. It shall be unlawful for any person to practice pharmacy or to institute or operate…

(a) A pharmacy license shall be issued to any owner who meets the requirements established under this chapter or by regulations. The owner of each pharmacy shall pay an original license fee to be determined by the director, and annually thereafter, on or before a date to be deter…

The legislature finds that the practice of pharmacy is a learned profession. The sole legislative purpose for enacting this chapter is to ensure that every pharmacist practicing in the state and every pharmacy meet minimum requirements for safe practice. It is the legislative int…

(a) “Collaborative pharmacy practice” is that practice of pharmacy whereby one or more licensed pharmacist(s), with advanced training and experience relevant to the scope of collaborative practice, agrees to work in collaboration with one or more physicians for the purpose of dru…

(a) A pharmacist may engage in collaborative pharmacy practice pursuant to a collaborative practice agreement in accordance with provisions of this chapter or other applicable sections of the regulations. Any pharmacist or physician desiring to engage in collaborate pharmacy prac…

Nothing in this chapter shall be construed to prohibit hospital pharmacists from participating in drug therapy management by protocol approved by the president of the hospital medical staff and the director of pharmacy for the care and treatment of patients.

The director of health, board members, the collaborative practice committee, and their agents and employees shall be immune from suit in any action, civil or criminal, based on any disciplinary proceeding or other official act performed in good faith in the course of their duties…

This chapter shall be known and may be cited as the “Defending Affordable Prescription Drug Costs Act”.

As used in this chapter, the following terms have the following meanings: (1) “340B contract pharmacy” means a pharmacy, as defined in § 5-19.1-2, that dispenses 340B drugs on behalf of a 340B-covered entity under contract. (2) “340B covered entity” means an entity participating …

(a) With respect to reimbursement to a 340B covered entity for 340B drugs, a health insurer, pharmacy benefit manager, manufacturer, other third-party payor, or its agent shall not do any of the following: (1) Establish a lower reimbursement amount to a 340B covered entity or 340…

Nothing in this chapter applies to the Medicaid program as payor when Medicaid provides reimbursement for covered outpatient drugs as defined in 42 U.S.C. § 1396r-8(k).

(a) A pharmaceutical manufacturer, agent, or affiliate of such manufacturer shall not deny, restrict, prohibit, or otherwise interfere with, either directly or indirectly, the acquisition of a 340B drug by, or delivery of a 340B drug to, a pharmacy that is under contract with a 3…

Annually on or before April 1, each 340B covered entity participating in the federal 340B drug pricing program established by 42 U.S.C. § 256b shall submit to the office of the governor, the speaker of the house of representatives, the president of the senate, and auditor general…

The office of the state auditor general shall have the authority to: (1) Investigate complaints and take appropriate actions to ensure compliance with this chapter. (2) Promulgate rules and regulations necessary to carry out the provisions of this chapter.

(a) A violation of chapter 13.1 of title 6 (“deceptive trade practices”) shall occur each time a prohibited act is committed. (b) The commission of any act prohibited by this chapter is considered a violation of chapter 13 of title 6 (“unfair sales practices”), as may be amended …

(a) Nothing in this chapter is to be construed or applied to be less restrictive than federal law for a person or entity regulated by this chapter. (b) Nothing in this chapter is to be construed or applied to be in conflict with any of the following: (1) Applicable federal law an…

When used in this chapter, unless the context indicates otherwise: (1) “Associate broker” means any licensed real estate broker employed or engaged as an independent contractor by or on behalf of a licensed real estate broker to do or deal in any activity as included or comprehen…

(a) A nonresident of this state may become a real estate broker by conforming to all the provisions of this chapter, except that a nonresident real estate broker regularly engaged in the real estate business as a vocation and who maintains a definite place of business and is lice…

(a) The following fees shall be charged by the director: (1) For each application, a fee of ten dollars ($10.00); (2) For each examination, a fee, the cost of which is limited to the charge as designated by the appropriate testing service’s contract with the department of busines…