§ 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 not be included when determining a manufacturer's, distributor's, or wholesaler's market share:

(i) The gross, in-state opioid sales attributed to the sale of buprenorphine or methadone;

(ii) The gross, in-state opioid sales sold or distributed directly to opioid treatment programs, data-waivered practitioners, or hospice providers licensed pursuant to chapter 17 of title 23;

(iii) Any sales from those opioids manufactured in Rhode Island, but whose final point of delivery or sale is outside of Rhode Island;

(iv) Any sales of anesthesia or epidurals as defined in regulation by the department; and

(v) Any in-state intracompany transfers of opioids between any division, affiliate, subsidiary, parent, or other entity under complete and common ownership and control.

(4) The department shall provide to the licensee, in writing, on or before October 15, 2019, the licensee's market share for the 2018 calendar year. Thereafter, the department shall notify the licensee, in writing, on or before October 15 of each year, of its market share for the prior calendar year based on the opioids sold or distributed for the prior calendar year.

History of Section. (P.L. 2019, ch. 88, art. 13, § 17.)