AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES (Sets conditions for pharmacists to prescribe tobacco cessation drug therapies, including education approved by the state board of pharmacy.)

S2888

2026 -- S 2888
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LC004622
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES

Introduced By:
Senators Valverde, Lauria, Quezada, Acosta, Urso, Ujifusa, Euer,
Thompson, DiMario, and Murray

Date Introduced:
March 04, 2026

Referred To:
Senate Health & Human Services
It is enacted by the General Assembly as follows:
1
SECTION 1. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby amended
2
by adding thereto the following section:
3

5-19.1-39. Tobacco cessation therapy prescriptive authority.
4

(a) A pharmacist who is licensed pursuant to this chapter and who meets the requirements
5
of this section may prescribe and dispense FDA-approved tobacco cessation drug therapies to a
6
qualified patient pursuant to rules and regulations adopted by the board of pharmacy, subject to the
7
approval of the director of health in consultation with the director of behavioral healthcare,
8
developmental disabilities and hospitals.
9

(b) For the purposes of this section, "qualified patient" means a patient who:
10

(1) Is at least eighteen (18) years of age or of minimum age based on the most recent
11
guidance provided by the FDA;
12

(2) Is willing to participate in a structured tobacco cessation program consisting of an initial
13
evaluation and appropriate follow-up visits with the pharmacist prescribing tobacco cessation
14
products; and
15

(3) Has been educated on symptoms of nicotine toxicity, common and/or severe adverse
16
effects of prescribed medication(s), and when to seek medical treatment.
17

(c) Prior to prescribing tobacco cessation therapies, the pharmacist shall have completed
18
tobacco cessation education approved by the state board of pharmacy.
19

(d) The pharmacist shall refer or consult prior to prescribing regarding high-risk patients

1
or patients with an identified contraindication to FDA-approved tobacco cessation drug therapies
2
to the patient's primary care provider, as applicable, or to another provider, as appropriate.
3

(e) All pharmacists participating in prescribing therapy for tobacco cessation shall follow
4
the most updated guidelines and standards of care as approved by the board of pharmacy, subject
5
to the approval of the director of the department of health in consultation with the director of
6
behavioral healthcare, developmental disabilities and hospitals.
7

(1) Pharmacists shall implement the most updated clinical practice guidelines to help
8
patients quit using all forms of tobacco.
9

(2) Pharmacists' services shall include an educational component to include counseling on
10
medication therapies and cessation strategies as well as referral to sources provided by the
11
department of health.
12

(f) Notification of the patient screening, the prescription record and the follow-up care plan
13
shall be provided to the patient's primary care provider, as applicable, within five (5) business days
14
following the prescribing of a tobacco cessation product.
15

(g) The definition of a qualified patient is subject to adaptation pursuant to rules and
16
regulations adopted by the board of pharmacy, subject to the approval of the director of the
17
department of health in consultation with the director of behavioral healthcare, developmental
18
disabilities and hospitals.
19

(h) Tobacco cessation drug therapies shall be covered by Medicaid upon approval of the
20
Medicaid section 1115 demonstration waiver to be submitted by the secretary of the executive
21
office of health and human services pursuant to chapter 12.4 of title 42.
22
SECTION 2. Chapter 27-18 of the General Laws entitled "Accident and Sickness Insurance
23
Policies" is hereby amended by adding thereto the following section:
24

27-18-96. Coverage for pharmacists' services.
25

(a) Every group health insurance contract, or every group hospital or medical expense
26
insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by
27
any health insurance carrier, on or after January 1, 2027, shall provide coverage for the services
28
within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2 if the plan would have
29
provided coverage if the service had been performed by a physician, advanced practice nurse, or
30
physician assistant. No nonprofit medical service corporation may require supervision, signature,
31
or referral by any other healthcare provider as a condition of reimbursement to a pharmacist;
32
provided that, no nonprofit medical service corporation may be required to pay for duplicative
33
services actually rendered by both a pharmacist and any other healthcare provider.
34

(b) The health plan shall include an adequate number of pharmacists in its network of

LC004622 - Page 2 of 6
1
participating medical providers. The participation of pharmacies in the plan network's drug benefit
2
does not satisfy the requirement that plans include pharmacists in their networks of participating
3
medical providers.
4

(c) The healthcare benefits outlined in this section shall apply only to services delivered
5
within the health insurer's provider network; provided that, all health insurers shall be required to
6
provide coverage for those benefits mandated by this section outside of the health insurer's provider
7
network where it can be established that the required services are not available from a provider in
8
the health insurer's network.
9
SECTION 3. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service
10
Corporations" is hereby amended by adding thereto the following section:
11

27-19-88. Coverage for pharmacists' services.
12

(a) Every group health insurance contract, or every group hospital or medical expense
13
insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by
14
any health insurance carrier, on or after January 1, 2027, shall provide coverage for the services
15
within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2 if the plan would have
16
provided coverage if the service had been performed by a physician, advanced practice nurse, or
17
physician assistant. No nonprofit medical service corporation may require supervision, signature,
18
or referral by any other healthcare provider as a condition of reimbursement to a pharmacist;
19
provided that, no nonprofit medical service corporation may be required to pay for duplicative
20
services actually rendered by both a pharmacist and any other healthcare provider.
21

(b) The health plan shall include an adequate number of pharmacists in its network of
22
participating medical providers. The participation of pharmacies in the plan network's drug benefit
23
does not satisfy the requirement that plans include pharmacists in their networks of participating
24
medical providers.
25

(c) The healthcare benefits outlined in this section shall apply only to services delivered
26
within the health insurer's provider network; provided that, all health insurers shall be required to
27
provide coverage for those benefits mandated by this section outside of the health insurer's provider
28
network where it can be established that the required services are not available from a provider in
29
the health insurer's network.
30
SECTION 4. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service
31
Corporations" is hereby amended by adding thereto the following section:
32

27-20-84. Coverage for pharmacists' services.
33

(a) Every group health insurance contract, or every group hospital or medical expense
34
insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

LC004622 - Page 3 of 6
1
any health insurance carrier, on or after January 1, 2027, shall provide coverage for the services
2
within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2 if the plan would have
3
provided coverage if the service had been performed by a physician, advanced practice nurse, or
4
physician assistant. No nonprofit medical service corporation may require supervision, signature,
5
or referral by any other healthcare provider as a condition of reimbursement to a pharmacist;
6
provided that, no nonprofit medical service corporation may be required to pay for duplicative
7
services actually rendered by both a pharmacist and any other healthcare provider.
8

(b) The health plan shall include an adequate number of pharmacists in its network of
9
participating medical providers. The participation of pharmacies in the plan network's drug benefit
10
does not satisfy the requirement that plans include pharmacists in their networks of participating
11
medical providers.
12

(c) The healthcare benefits outlined in this section shall apply only to services delivered
13
within the health insurer's provider network; provided that, all health insurers shall be required to
14
provide coverage for those benefits mandated by this section outside of the health insurer's provider
15
network where it can be established that the required services are not available from a provider in
16
the health insurer's network.
17
SECTION 5. Chapter 27-41 of the General Laws entitled "Health Maintenance
18
Organizations" is hereby amended by adding thereto the following section:
19

27-41-101. Coverage for pharmacists' services.
20

(a) Every group health insurance contract, or every group hospital or medical expense
21
insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by
22
any health insurance carrier, on or after January 1, 2027, shall provide coverage for the services
23
within the lawful scope of practice of pharmacists pursuant to § 5-19.1-2 if the plan would have
24
provided coverage if the service had been performed by a physician, advanced practice nurse, or
25
physician assistant. No nonprofit medical service corporation may require supervision, signature,
26
or referral by any other healthcare provider as a condition of reimbursement to a pharmacist;
27
provided that, no nonprofit medical service corporation may be required to pay for duplicative
28
services actually rendered by both a pharmacist and any other healthcare provider.
29

(b) The health plan shall include an adequate number of pharmacists in its network of
30
participating medical providers. The participation of pharmacies in the plan network's drug benefit
31
does not satisfy the requirement that plans include pharmacists in their networks of participating
32
medical providers.
33

(c) The healthcare benefits outlined in this section shall apply only to services delivered
34
within the health insurer's provider network; provided that, all health insurers shall be required to

LC004622 - Page 4 of 6
1
provide coverage for those benefits mandated by this section outside of the health insurer's provider
2
network where it can be established that the required services are not available from a provider in
3
the health insurer's network.
4
SECTION 6. This act shall take effect upon passage.
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LC004622
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LC004622 - Page 5 of 6
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES
***
1
This act would add new sections which set forth conditions for pharmacists to prescribe
2
tobacco cessation drug therapies, including education approved by the state board of pharmacy.
3
The cessation therapies pharmacists’ services for cessation therapies would be covered by all health
4
insurance carriers on or after January 1, 2027.
5
This act would take effect upon passage.
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LC004622
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LC004622 - Page 6 of 6