§ 21-28.10-1. Definitions. Unless the context otherwise requires, the following terms shall be construed in this chapter to have the following meanings: (1) “Distribute” means distribute as defined in § 21-28-1.02. (2) “Distributor” means distributor as defined in § 21-28-1.02. (3) “Executive office” means the executive office of health and human services. (4) “Manufacture” means […]
§ 21-28.10-10. Creation of opioid stewardship fund. (a) There is hereby established, in the custody of the executive office, a restricted-receipt account to be known as the “opioid stewardship fund.” (b) Monies in the opioid stewardship fund shall be kept separate and shall not be commingled with any other monies in the custody of the […]
§ 21-28.10-11. Allocation. The monies, when allocated, shall be paid out of the opioid stewardship fund and subject to the approval of the secretary and the approvals of the directors of the departments of health and behavioral healthcare, developmental disabilities and hospitals, pursuant to the provisions of this chapter. History of Section.P.L. 2019, ch. 88, […]
§ 21-28.10-12. Severability. If any clause, sentence, paragraph, subdivision, or section of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or section directly involved in […]
§ 21-28.10-13. Rules and regulations. The secretary may prescribe rules and regulations, not inconsistent with law, to carry into effect the provisions of this chapter 28.10 of title 21, which rules and regulations, when reasonably designed to carry out the intent and purpose of this chapter, are prima facie evidence of its proper interpretation. Such […]
§ 21-28.10-14. Transfer of powers and duties. The employee responsible for performing fiscal functions associated with the management of the opioid stewardship fund within the department of health shall be transferred to the executive office. History of Section.P.L. 2022, ch. 231, art. 3, § 7, effective June 27, 2022.
§ 21-28.10-2. Opioid registration fee imposed on manufacturers, distributors, and wholesalers. All manufacturers, distributors, and wholesalers licensed or registered under this title or chapter 19.1 of title 5 (hereinafter referred to as “licensees”), that manufacture or distribute opioids shall be required to pay an opioid registration fee. On an annual basis, the secretary shall certify […]
§ 21-28.10-3. Determination of market share and registration fee. (1) The total opioid stewardship fund amount shall be five million dollars ($5,000,000) annually, subject to downward adjustments pursuant to § 21-28.10-7. (2) Each manufacturer’s, distributor’s, and wholesaler’s annual opioid registration fee shall be based on that licensee’s in-state market share. (3) The following sales will […]
§ 21-28.10-4. Reports and records. (a) Each manufacturer, distributor, and wholesaler licensed to manufacture or distribute opioids in the state of Rhode Island shall provide to the secretary a report detailing all opioids sold or distributed by that manufacturer or distributor in the state of Rhode Island. Such report shall include: (1) The manufacturer’s, distributor’s, […]
§ 21-28.10-5. Payment of market share. The licensee shall make payments annually to the executive office with the first payment of its market share due on December 31, 2019; provided, that the amount due on December 31, 2019, shall be for the full amount of the payment for the 2018 calendar year, with subsequent payments […]
§ 21-28.10-6. Rebate of market share. In any year for which the secretary determines that a licensee failed to report information required by this chapter, those licensees complying with this chapter shall receive a reduced assessment of their market share in the following year equal to the amount in excess of any overpayment in the […]
§ 21-28.10-7. Licensee opportunity to appeal. (a) A licensee shall be afforded an opportunity to submit information to the secretary documenting or evidencing that the market share provided to the licensee (or amounts paid thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The executive office may consider and examine such additional […]
§ 21-28.10-8. Annual reporting. By January of each calendar year, the department of health, the department of behavioral healthcare, developmental disabilities and hospitals, the executive office, the department of children, youth and families, the Rhode Island department of education, the Rhode Island office of veterans services, the department of corrections, the department of labor and […]
§ 21-28.10-9. Penalties. (a) The executive office may assess a civil penalty in an amount not to exceed one thousand dollars ($1,000) per day against any licensee that fails to comply with this chapter. (b)(1) In addition to any other civil penalty provided by law, where a licensee has failed to pay its market share […]
