H.B. 143

1

CONTROLLED SUBSTANCES AMENDMENTS -
2 SUDA CONTROLS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Neil A. Hansen
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies Title 58, Chapter 37, Utah Controlled Substances Act, by amending
11 the regulation of retail sales of products used to make methamphetamine.
12 Highlighted Provisions:
13 This bill:
14 . establishes ephedrine, pseudoephedrine, norpseudoephedrine, and
15 phenylpropanolamine as Schedule V controlled substances;
16 . authorizes preparations of ephedrine, pseudoephedrine, norpseudoephedrine, and
17 phenylpropanolamine intended for lawful use in the diagnosis, cure, mitigation,
18 treatment, or prevention of disease to be purchased, sold, or transferred without a
19 prescription if:
20 . dispensed by a person licensed under Title 58, Chapter 17b, Pharmacy Practice
21 Act; and
22 . recorded in the Division of Occupational and Professional Licensure's
23 controlled substance database; and
24 . authorizes the division to establish rules for reporting transactions of products
25 containing ephedrine, pseudoephedrine, norpseudoephedrine, and
26 phenylpropanolamine.
27 Monies Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 This bill takes effect on January 1, 2008.
31 Utah Code Sections Affected:
32 AMENDS:
33 58-37-2, as last amended by Chapter 8, Laws of Utah 2006
34 58-37-4, as last amended by Chapter 8, Laws of Utah 2006
35 58-37-7.5, as last amended by Chapter 46, Laws of Utah 2006
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 58-37-2 is amended to read:
39 58-37-2. Definitions.
40 (1) As used in this chapter:
41 (a) "Administer" means the direct application of a controlled substance, whether by
42 injection, inhalation, ingestion, or any other means, to the body of a patient or research subject
43 by:
44 (i) a practitioner or, in his presence, by his authorized agent; or
45 (ii) the patient or research subject at the direction and in the presence of the
46 practitioner.
47 (b) "Agent" means an authorized person who acts on behalf of or at the direction of a
48 manufacturer, distributor, or practitioner but does not include a motor carrier, public
49 warehouseman, or employee of any of them.
50 (c) "Consumption" means ingesting or having any measurable amount of a controlled
51 substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a
52 controlled substance.
53 (d) "Continuing criminal enterprise" means any individual, sole proprietorship,
54 partnership, corporation, business trust, association, or other legal entity, and any union or
55 groups of individuals associated in fact although not a legal entity, and includes illicit as well
56 as licit entities created or maintained for the purpose of engaging in conduct which constitutes
57 the commission of episodes of activity made unlawful by Title 58, Chapters 37, 37a, 37b, 37c,
58 or 37d, which episodes are not isolated, but have the same or similar purposes, results,

59 participants, victims, methods of commission, or otherwise are interrelated by distinguishing
60 characteristics. Taken together, the episodes shall demonstrate continuing unlawful conduct
61 and be related either to each other or to the enterprise.
62 (e) "Control" means to add, remove, or change the placement of a drug, substance, or
63 immediate precursor under Section 58-37-3 .
64 (f) (i) "Controlled substance" means a drug or substance included in Schedules I, II, III,
65 IV, or V of Section 58-37-4 , and also includes a drug or substance included in Schedules I, II,
66 III, IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513, or any controlled
67 substance analog.
68 (ii) "Controlled substance" does not include:
69 (A) distilled spirits, wine, or malt beverages, as those terms are defined or used in Title
70 32A, Alcoholic Beverage Control Act, regarding tobacco or food; or
71 [(B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
72 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
73 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
74 transferred, or furnished as an over-the-counter medication without prescription; or]
75 [(C)] (B) dietary supplements, vitamins, minerals, herbs, or other similar substances
76 including concentrates or extracts, which are not otherwise regulated by law, which may
77 contain naturally occurring amounts of chemical or substances listed in this chapter, or in rules
78 adopted pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
79 (g) (i) "Controlled substance analog" means a substance the chemical structure of
80 which is substantially similar to the chemical structure of a controlled substance listed in
81 Schedules I and II of Section 58-37-4 , or in Schedules I and II of the federal Controlled
82 Substances Act, Title II, P.L. 91-513:
83 (A) which has a stimulant, depressant, or hallucinogenic effect on the central nervous
84 system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
85 nervous system of controlled substances in the schedules set forth in Subsection (1)(f); or
86 (B) which, with respect to a particular individual, is represented or intended to have a
87 stimulant, depressant, or hallucinogenic effect on the central nervous system substantially
88 similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of
89 controlled substances in the schedules set forth in this Subsection (1).

90 (ii) "Controlled substance analog" does not include:
91 (A) a controlled substance currently scheduled in Schedules I through V of Section
92 58-37-4 ;
93 (B) a substance for which there is an approved new drug application;
94 (C) a substance with respect to which an exemption is in effect for investigational use
95 by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 366,
96 to the extent the conduct with respect to the substance is permitted by the exemption;
97 (D) any substance to the extent not intended for human consumption before an
98 exemption takes effect with respect to the substance; or
99 [(E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
100 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
101 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
102 transferred, or furnished as an over-the-counter medication without prescription; or]
103 [(F)] (E) dietary supplements, vitamins, minerals, herbs, or other similar substances
104 including concentrates or extracts, which are not otherwise regulated by law, which may
105 contain naturally occurring amounts of chemical or substances listed in this chapter, or in rules
106 adopted pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
107 (h) "Conviction" means a determination of guilt by verdict, whether jury or bench, or
108 plea, whether guilty or no contest, for any offense proscribed by Title 58, Chapters 37, 37a,
109 37b, 37c, or 37d, or for any offense under the laws of the United States and any other state
110 which, if committed in this state, would be an offense under Title 58, Chapters 37, 37a, 37b,
111 37c, or 37d.
112 (i) "Counterfeit substance" means:
113 (i) any substance or container or labeling of any substance that without authorization
114 bears the trademark, trade name, or other identifying mark, imprint, number, device, or any
115 likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons
116 who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a
117 controlled substance distributed by, any other manufacturer, distributor, or dispenser; or
118 (ii) any substance that is represented to be a controlled substance.
119 (j) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
120 controlled substance or a listed chemical, whether or not an agency relationship exists.

121 (k) "Department" means the Department of Commerce.
122 (l) "Depressant or stimulant substance" means:
123 (i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric
124 acid;
125 (ii) a drug which contains any quantity of:
126 (A) amphetamine or any of its optical isomers;
127 (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
128 (C) any substance which the Secretary of Health and Human Services or the Attorney
129 General of the United States after investigation has found and by regulation designated
130 habit-forming because of its stimulant effect on the central nervous system;
131 (iii) lysergic acid diethylamide; or
132 (iv) any drug which contains any quantity of a substance which the Secretary of Health
133 and Human Services or the Attorney General of the United States after investigation has found
134 to have, and by regulation designated as having, a potential for abuse because of its depressant
135 or stimulant effect on the central nervous system or its hallucinogenic effect.
136 (m) "Dispense" means the delivery of a controlled substance by a pharmacist to an
137 ultimate user pursuant to the lawful order or prescription of a practitioner, and includes
138 distributing to, leaving with, giving away, or disposing of that substance as well as the
139 packaging, labeling, or compounding necessary to prepare the substance for delivery.
140 (n) "Dispenser" means a pharmacist who dispenses a controlled substance.
141 (o) "Distribute" means to deliver other than by administering or dispensing a controlled
142 substance or a listed chemical.
143 (p) "Distributor" means a person who distributes controlled substances.
144 (q) "Division" means the Division of Occupational and Professional Licensing created
145 in Section 58-1-103 .
146 (r) "Drug" means:
147 (i) articles recognized in the official United States Pharmacopoeia, Official
148 Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
149 supplement to any of them;
150 (ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention
151 of disease in man or other animals;

152 (iii) articles, other than food, intended to affect the structure or function of man or
153 other animals; and
154 (iv) articles intended for use as a component of any articles specified in Subsection
155 (1)(r)(i), (ii), or (iii); but does not include devices or their components, parts, or accessories.
156 (s) "Drug dependent person" means any individual who unlawfully and habitually uses
157 any controlled substance to endanger the public morals, health, safety, or welfare, or who is so
158 dependent upon the use of controlled substances as to have lost the power of self-control with
159 reference to his dependency.
160 (t) "Food" means:
161 (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as
162 specified in this chapter, and normally ingested by human beings; and
163 (ii) foods for special dietary uses as exist by reason of a physical, physiological,
164 pathological, or other condition including but not limited to the conditions of disease,
165 convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
166 overweight; uses for supplying a particular dietary need which exist by reason of age including
167 but not limited to the ages of infancy and childbirth, and also uses for supplementing and for
168 fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for
169 use of a food. Any particular use of a food is a special dietary use regardless of the nutritional
170 purposes.
171 (u) "Immediate precursor" means a substance which the Attorney General of the United
172 States has found to be, and by regulation designated as being, the principal compound used or
173 produced primarily for use in the manufacture of a controlled substance, or which is an
174 immediate chemical intermediary used or likely to be used in the manufacture of a controlled
175 substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
176 controlled substance.
177 (v) "Indian" means a member of an Indian tribe.
178 (w) "Indian religion" means any religion:
179 (i) the origin and interpretation of which is from within a traditional Indian culture or
180 community; and
181 (ii) which is practiced by Indians.
182 (x) "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or

183 community of Indians, including any Alaska Native village, which is legally recognized as
184 eligible for and is consistent with the special programs, services, and entitlements provided by
185 the United States to Indians because of their status as Indians.
186 (y) "Manufacture" means the production, preparation, propagation, compounding, or
187 processing of a controlled substance, either directly or indirectly by extraction from substances
188 of natural origin, or independently by means of chemical synthesis or by a combination of
189 extraction and chemical synthesis.
190 (z) "Manufacturer" includes any person who packages, repackages, or labels any
191 container of any controlled substance, except pharmacists who dispense or compound
192 prescription orders for delivery to the ultimate consumer.
193 (aa) "Marijuana" means all species of the genus cannabis and all parts of the genus,
194 whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every
195 compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or
196 resin. The term does not include the mature stalks of the plant, fiber produced from the stalks,
197 oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
198 derivative, mixture, or preparation of the mature stalks, except the resin extracted from them,
199 fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Any
200 synthetic equivalents of the substances contained in the plant cannabis sativa or any other
201 species of the genus cannabis which are chemically indistinguishable and pharmacologically
202 active are also included.
203 (bb) "Money" means officially issued coin and currency of the United States or any
204 foreign country.
205 (cc) "Narcotic drug" means any of the following, whether produced directly or
206 indirectly by extraction from substances of vegetable origin, or independently by means of
207 chemical synthesis, or by a combination of extraction and chemical synthesis:
208 (i) opium, coca leaves, and opiates;
209 (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or
210 opiates;
211 (iii) opium poppy and poppy straw; or
212 (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the
213 substance, which is chemically identical with any of the substances referred to in Subsection

214 (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or
215 extracts of coca leaves which do not contain cocaine or ecgonine.
216 (dd) "Negotiable instrument" means documents, containing an unconditional promise
217 to pay a sum of money, which are legally transferable to another party by endorsement or
218 delivery.
219 (ee) "Opiate" means any drug or other substance having an addiction-forming or
220 addiction-sustaining liability similar to morphine or being capable of conversion into a drug
221 having addiction-forming or addiction-sustaining liability.
222 (ff) "Opium poppy" means the plant of the species papaver somniferum L., except the
223 seeds of the plant.
224 (gg) "Person" means any corporation, association, partnership, trust, other institution or
225 entity or one or more individuals.
226 (hh) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
227 mowing.
228 (ii) "Possession" or "use" means the joint or individual ownership, control, occupancy,
229 holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection,
230 or consumption, as distinguished from distribution, of controlled substances and includes
231 individual, joint, or group possession or use of controlled substances. For a person to be a
232 possessor or user of a controlled substance, it is not required that he be shown to have
233 individually possessed, used, or controlled the substance, but it is sufficient if it is shown that
234 the person jointly participated with one or more persons in the use, possession, or control of
235 any substances with knowledge that the activity was occurring, or the controlled substance is
236 found in a place or under circumstances indicating that the person had the ability and the intent
237 to exercise dominion and control over it.
238 (jj) "Practitioner" means a physician, dentist, veterinarian, pharmacist, scientific
239 investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to
240 distribute, dispense, conduct research with respect to, administer, or use in teaching or
241 chemical analysis a controlled substance in the course of professional practice or research in
242 this state.
243 (kk) "Prescribe" means to issue a prescription orally or in writing.
244 (ll) "Prescription" means an order issued by a licensed practitioner, in the course of that

245 practitioner's professional practice, for a controlled substance, other drug, or device which it
246 dispenses or administers for use by a patient or an animal. The order may be issued by word of
247 mouth, written document, telephone, facsimile transmission, computer, or other electronic
248 means of communication as defined by rule.
249 (mm) "Production" means the manufacture, planting, cultivation, growing, or
250 harvesting of a controlled substance.
251 (nn) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
252 property.
253 (oo) "State" means the state of Utah.
254 (pp) "Ultimate user" means any person who lawfully possesses a controlled substance
255 for his own use, for the use of a member of his household, or for administration to an animal
256 owned by him or a member of his household.
257 (2) If a term used in this chapter is not defined, the definition and terms of Title 76,
258 Utah Criminal Code, shall apply.
259 Section 2. Section 58-37-4 is amended to read:
260 58-37-4. Schedules of controlled substances -- Schedules I through V -- Findings
261 required -- Specific substances included in schedules.
262 (1) There are established five schedules of controlled substances known as Schedules I,
263 II, III, IV, and V which shall consist of substances listed in this section.
264 (2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by
265 the official name, common or usual name, chemical name, or brand name designated:
266 (a) Schedule I:
267 (i) Unless specifically excepted or unless listed in another schedule, any of the
268 following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
269 ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
270 chemical designation:
271 (A) Acetyl-alpha-methylfentanyl
272 (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
273 (B) Acetylmethadol;
274 (C) Allylprodine;
275 (D) Alphacetylmethadol, except levo-alphacetylmethadol also known as

276 levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
277 (E) Alphameprodine;
278 (F) Alphamethadol;
279 (G) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
280 propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
281 (H) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
282 piperidinyl]-N-phenylpropanamide);
283 (I) Benzethidine;
284 (J) Betacetylmethadol;
285 (K) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
286 piperidinyl]-N-phenylpropanamide);
287 (L) Beta-hydroxy-3-methylfentanyl, other name: N-[1-(2-hydroxy-2-
288 phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
289 (M) Betameprodine;
290 (N) Betamethadol;
291 (O) Betaprodine;
292 (P) Clonitazene;
293 (Q) Dextromoramide;
294 (R) Diampromide;
295 (S) Diethylthiambutene;
296 (T) Difenoxin;
297 (U) Dimenoxadol;
298 (V) Dimepheptanol;
299 (W) Dimethylthiambutene;
300 (X) Dioxaphetyl butyrate;
301 (Y) Dipipanone;
302 (Z) Ethylmethylthiambutene;
303 (AA) Etonitazene;
304 (BB) Etoxeridine;
305 (CC) Furethidine;
306 (DD) Hydroxypethidine;

307 (EE) Ketobemidone;
308 (FF) Levomoramide;
309 (GG) Levophenacylmorphan;
310 (HH) Morpheridine;
311 (II) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
312 (JJ) Noracymethadol;
313 (KK) Norlevorphanol;
314 (LL) Normethadone;
315 (MM) Norpipanone;
316 (NN) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]
317 propanamide;
318 (OO) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
319 (PP) Phenadoxone;
320 (QQ) Phenampromide;
321 (RR) Phenomorphan;
322 (SS) Phenoperidine;
323 (TT) Piritramide;
324 (UU) Proheptazine;
325 (VV) Properidine;
326 (WW) Propiram;
327 (XX) Racemoramide;
328 (YY) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
329 (ZZ) Tilidine;
330 (AAA) Trimeperidine;
331 (BBB) 3-methylfentanyl, including the optical and geometric isomers
332 (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide); and
333 (CCC) 3-methylthiofentanyl
334 (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide).
335 (ii) Unless specifically excepted or unless listed in another schedule, any of the
336 following opium derivatives, their salts, isomers, and salts of isomers when the existence of the
337 salts, isomers, and salts of isomers is possible within the specific chemical designation:

338 (A) Acetorphine;
339 (B) Acetyldihydrocodeine;
340 (C) Benzylmorphine;
341 (D) Codeine methylbromide;
342 (E) Codeine-N-Oxide;
343 (F) Cyprenorphine;
344 (G) Desomorphine;
345 (H) Dihydromorphine;
346 (I) Drotebanol;
347 (J) Etorphine (except hydrochloride salt);
348 (K) Heroin;
349 (L) Hydromorphinol;
350 (M) Methyldesorphine;
351 (N) Methylhydromorphine;
352 (O) Morphine methylbromide;
353 (P) Morphine methylsulfonate;
354 (Q) Morphine-N-Oxide;
355 (R) Myrophine;
356 (S) Nicocodeine;
357 (T) Nicomorphine;
358 (U) Normorphine;
359 (V) Pholcodine; and
360 (W) Thebacon.
361 (iii) Unless specifically excepted or unless listed in another schedule, any material,
362 compound, mixture, or preparation which contains any quantity of the following hallucinogenic
363 substances, or which contains any of their salts, isomers, and salts of isomers when the
364 existence of the salts, isomers, and salts of isomers is possible within the specific chemical
365 designation; as used in this Subsection (2)(iii) only, "isomer" includes the optical, position, and
366 geometric isomers:
367 (A) Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
368 .-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; .-ET; and AET;

369 (B) 4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
370 4-bromo-2,5-dimethoxy-.-methylphenethylamine; 4-bromo-2,5-DMA;
371 (C) 4-bromo-2,5-dimethoxypenethylamine, some trade or other names:
372 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus;
373 (D) 2,5-dimethoxyamphetamine, some trade or other names:
374 2,5-dimethoxy-.-methylphenethylamine; 2,5-DMA;
375 (E) 2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
376 (F) 4-methoxyamphetamine, some trade or other names:
377 4-methoxy-.-methylphenethylamine; paramethoxyamphetamine, PMA;
378 (G) 5-methoxy-3,4-methylenedioxyamphetamine;
379 (H) 4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
380 4-methyl-2,5-dimethoxy-.-methylphenethylamine; "DOM"; and "STP";
381 (I) 3,4-methylenedioxy amphetamine;
382 (J) 3,4-methylenedioxymethamphetamine (MDMA);
383 (K) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
384 alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
385 (L) N-hydroxy-3,4-methylenedioxyamphetamine, also known as
386 N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
387 (M) 3,4,5-trimethoxy amphetamine;
388 (N) Bufotenine, some trade and other names:
389 3-(.-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,
390 N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
391 (O) Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
392 (P) Dimethyltryptamine, some trade or other names: DMT;
393 (Q) Ibogaine, some trade and other names:
394 7-Ethyl-6,6.,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepino
395 [5,4-b] indole; Tabernanthe iboga;
396 (R) Lysergic acid diethylamide;
397 (S) Marijuana;
398 (T) Mescaline;
399 (U) Parahexyl, some trade or other names:

400 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
401 (V) Peyote, meaning all parts of the plant presently classified botanically as
402 Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from
403 any part of such plant, and every compound, manufacture, salts, derivative, mixture, or
404 preparation of such plant, its seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12));
405 (W) N-ethyl-3-piperidyl benzilate;
406 (X) N-methyl-3-piperidyl benzilate;
407 (Y) Psilocybin;
408 (Z) Psilocyn;
409 (AA) Tetrahydrocannabinols, synthetic equivalents of the substances contained in the
410 plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives,
411 and their isomers with similar chemical structure and pharmacological activity such as the
412 following: .1 cis or trans tetrahydrocannabinol, and their optical isomers .6 cis or trans
413 tetrahydrocannabinol, and their optical isomers .3,4 cis or trans tetrahydrocannabinol, and its
414 optical isomers, and since nomenclature of these substances is not internationally standardized,
415 compounds of these structures, regardless of numerical designation of atomic positions
416 covered;
417 (BB) Ethylamine analog of phencyclidine, some trade or other names:
418 N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
419 N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
420 (CC) Pyrrolidine analog of phencyclidine, some trade or other names:
421 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
422 (DD) Thiophene analog of phencyclidine, some trade or other names:
423 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP; and
424 (EE) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
425 (iv) Unless specifically excepted or unless listed in another schedule, any material
426 compound, mixture, or preparation which contains any quantity of the following substances
427 having a depressant effect on the central nervous system, including its salts, isomers, and salts
428 of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
429 specific chemical designation:
430 (A) Mecloqualone; and

431 (B) Methaqualone.
432 (v) Any material, compound, mixture, or preparation containing any quantity of the
433 following substances having a stimulant effect on the central nervous system, including their
434 salts, isomers, and salts of isomers:
435 (A) Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or
436 4,5-dihydro-5-phenyl-2-oxazolamine;
437 (B) Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
438 alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
439 (C) Fenethylline;
440 (D) Methcathinone, some other names: 2-(methylamino)-propiophenone;
441 alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
442 alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone;
443 methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of
444 optical isomers;
445 (E) (.)cis-4-methylaminorex ((.)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
446 (F) N-ethylamphetamine; and
447 (G) N,N-dimethylamphetamine, also known as
448 N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
449 (vi) Any material, compound, mixture, or preparation which contains any quantity of
450 the following substances, including their optical isomers, salts, and salts of isomers, subject to
451 temporary emergency scheduling:
452 (A) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
453 (B) N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
454 (vii) Unless specifically excepted or unless listed in another schedule, any material,
455 compound, mixture, or preparation which contains any quantity of gamma hydroxy butyrate
456 (gamma hydrobutyric acid), including its salts, isomers, and salts of isomers.
457 (b) Schedule II:
458 (i) Unless specifically excepted or unless listed in another schedule, any of the
459 following substances whether produced directly or indirectly by extraction from substances of
460 vegetable origin, or independently by means of chemical synthesis, or by a combination of
461 extraction and chemical synthesis:

462 (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
463 opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone,
464 and their respective salts, but including:
465 (I) Raw opium;
466 (II) Opium extracts;
467 (III) Opium fluid;
468 (IV) Powdered opium;
469 (V) Granulated opium;
470 (VI) Tincture of opium;
471 (VII) Codeine;
472 (VIII) Ethylmorphine;
473 (IX) Etorphine hydrochloride;
474 (X) Hydrocodone;
475 (XI) Hydromorphone;
476 (XII) Metopon;
477 (XIII) Morphine;
478 (XIV) Oxycodone;
479 (XV) Oxymorphone; and
480 (XVI) Thebaine;
481 (B) Any salt, compound, derivative, or preparation which is chemically equivalent or
482 identical with any of the substances referred to in Subsection (2)(b)(i)(A), except that these
483 substances may not include the isoquinoline alkaloids of opium;
484 (C) Opium poppy and poppy straw;
485 (D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and
486 any salt, compound, derivative, or preparation which is chemically equivalent or identical with
487 any of these substances, and includes cocaine and ecgonine, their salts, isomers, derivatives,
488 and salts of isomers and derivatives, whether derived from the coca plant or synthetically
489 produced, except the substances may not include decocainized coca leaves or extraction of coca
490 leaves, which extractions do not contain cocaine or ecgonine; and
491 (E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
492 liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.

493 (ii) Unless specifically excepted or unless listed in another schedule, any of the
494 following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
495 ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
496 chemical designation, except dextrorphan and levopropoxyphene:
497 (A) Alfentanil;
498 (B) Alphaprodine;
499 (C) Anileridine;
500 (D) Bezitramide;
501 (E) Bulk dextropropoxyphene (nondosage forms);
502 (F) Carfentanil;
503 (G) Dihydrocodeine;
504 (H) Diphenoxylate;
505 (I) Fentanyl;
506 (J) Isomethadone;
507 (K) Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol,
508 levomethadyl acetate, or LAAM;
509 (L) Levomethorphan;
510 (M) Levorphanol;
511 (N) Metazocine;
512 (O) Methadone;
513 (P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
514 (Q) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
515 acid;
516 (R) Pethidine (meperidine);
517 (S) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
518 (T) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
519 (U) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
520 (V) Phenazocine;
521 (W) Piminodine;
522 (X) Racemethorphan;
523 (Y) Racemorphan;

524 (Z) Remifentanil; and
525 (AA) Sufentanil.
526 (iii) Unless specifically excepted or unless listed in another schedule, any material,
527 compound, mixture, or preparation which contains any quantity of the following substances
528 having a stimulant effect on the central nervous system:
529 (A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
530 (B) Methamphetamine, its salts, isomers, and salts of its isomers;
531 (C) Phenmetrazine and its salts; and
532 (D) Methylphenidate.
533 (iv) Unless specifically excepted or unless listed in another schedule, any material,
534 compound, mixture, or preparation which contains any quantity of the following substances
535 having a depressant effect on the central nervous system, including its salts, isomers, and salts
536 of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
537 specific chemical designation:
538 (A) Amobarbital;
539 (B) Glutethimide;
540 (C) Pentobarbital;
541 (D) Phencyclidine;
542 (E) Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
543 1-piperidinocyclohexanecarbonitrile (PCC); and
544 (F) Secobarbital.
545 (v) Unless specifically excepted or unless listed in another schedule, any material,
546 compound, mixture, or preparation which contains any quantity of Phenylacetone.
547 Some of these substances may be known by trade or other names: phenyl-2-propanone,
548 P2P; benzyl methyl ketone, methyl benzyl ketone.
549 (vi) Nabilone, another name for nabilone:
550 (.)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
551 6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
552 (c) Schedule III:
553 (i) Unless specifically excepted or unless listed in another schedule, any material,
554 compound, mixture, or preparation which contains any quantity of the following substances

555 having a stimulant effect on the central nervous system, including its salts, isomers whether
556 optical, position, or geometric, and salts of the isomers when the existence of the salts, isomers,
557 and salts of isomers is possible within the specific chemical designation:
558 (A) Those compounds, mixtures, or preparations in dosage unit form containing any
559 stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were
560 listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the
561 Code of Federal Regulations, and any other drug of the quantitive composition shown in that
562 list for those drugs or which is the same except that it contains a lesser quantity of controlled
563 substances;
564 (B) Benzphetamine;
565 (C) Chlorphentermine;
566 (D) Clortermine; and
567 (E) Phendimetrazine.
568 (ii) Unless specifically excepted or unless listed in another schedule, any material,
569 compound, mixture, or preparation which contains any quantity of the following substances
570 having a depressant effect on the central nervous system:
571 (A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
572 pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients
573 which are not listed in any schedule;
574 (B) Any suppository dosage form containing amobarbital, secobarbital, or
575 pentobarbital, or any salt of any of these drugs which is approved by the Food and Drug
576 Administration for marketing only as a suppository;
577 (C) Any substance which contains any quantity of a derivative of barbituric acid or any
578 salt of any of them;
579 (D) Chlorhexadol;
580 (E) Buprenorphine;
581 (F) Any drug product containing gamma hydroxybutyric acid, including its salts,
582 isomers, and salts of isomers, for which an application is approved under the federal Food,
583 Drug, and Cosmetic Act, Section 505;
584 (G) Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine:
585 . -2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;

586 (H) Lysergic acid;
587 (I) Lysergic acid amide;
588 (J) Methyprylon;
589 (K) Sulfondiethylmethane;
590 (L) Sulfonethylmethane;
591 (M) Sulfonmethane; and
592 (N) Tiletamine and zolazepam or any of their salts, some trade or other names for a
593 tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine:
594 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade or other names for zolazepam:
595 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one,
596 flupyrazapon.
597 (iii) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a
598 U.S. Food and Drug Administration approved drug product, some other names for dronabinol:
599 (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
600 (-)-delta-9-(trans)-tetrahydrocannabinol.
601 (iv) Nalorphine.
602 (v) Unless specifically excepted or unless listed in another schedule, any material,
603 compound, mixture, or preparation containing limited quantities of any of the following
604 narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid:
605 (A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
606 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of
607 opium;
608 (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
609 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
610 therapeutic amounts;
611 (C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
612 than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline
613 alkaloid of opium;
614 (D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
615 than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
616 recognized therapeutic amounts;

617 (E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
618 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
619 therapeutic amounts;
620 (F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
621 than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
622 recognized therapeutic amounts;
623 (G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not
624 more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
625 recognized therapeutic amounts; and
626 (H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with
627 one or more active, non-narcotic ingredients in recognized therapeutic amounts.
628 (vi) Unless specifically excepted or unless listed in another schedule, anabolic steroids
629 including any of the following or any isomer, ester, salt, or derivative of the following that
630 promotes muscle growth:
631 (A) Boldenone;
632 (B) Chlorotestosterone (4-chlortestosterone);
633 (C) Clostebol;
634 (D) Dehydrochlormethyltestosterone;
635 (E) Dihydrotestosterone (4-dihydrotestosterone);
636 (F) Drostanolone;
637 (G) Ethylestrenol;
638 (H) Fluoxymesterone;
639 (I) Formebulone (formebolone);
640 (J) Mesterolone;
641 (K) Methandienone;
642 (L) Methandranone;
643 (M) Methandriol;
644 (N) Methandrostenolone;
645 (O) Methenolone;
646 (P) Methyltestosterone;
647 (Q) Mibolerone;

648 (R) Nandrolone;
649 (S) Norethandrolone;
650 (T) Oxandrolone;
651 (U) Oxymesterone;
652 (V) Oxymetholone;
653 (W) Stanolone;
654 (X) Stanozolol;
655 (Y) Testolactone;
656 (Z) Testosterone; and
657 (AA) Trenbolone.
658 Anabolic steroids expressly intended for administration through implants to cattle or
659 other nonhuman species, and approved by the Secretary of Health and Human Services for use,
660 may not be classified as a controlled substance.
661 (d) Schedule IV:
662 (i) Unless specifically excepted or unless listed in another schedule, any material,
663 compound, mixture, or preparation containing not more than 1 milligram of difenoxin and not
664 less than 25 micrograms of atropine sulfate per dosage unit, or any salts of any of them.
665 (ii) Unless specifically excepted or unless listed in another schedule, any material,
666 compound, mixture, or preparation which contains any quantity of the following substances,
667 including its salts, isomers, and salts of isomers when the existence of the salts, isomers, and
668 salts of isomers is possible within the specific chemical designation:
669 (A) Alprazolam;
670 (B) Barbital;
671 (C) Bromazepam;
672 (D) Butorphanol;
673 (E) Camazepam;
674 (F) Chloral betaine;
675 (G) Chloral hydrate;
676 (H) Chlordiazepoxide;
677 (I) Clobazam;
678 (J) Clonazepam;

679 (K) Clorazepate;
680 (L) Clotiazepam;
681 (M) Cloxazolam;
682 (N) Delorazepam;
683 (O) Diazepam;
684 (P) Dichloralphenazone;
685 (Q) Estazolam;
686 (R) Ethchlorvynol;
687 (S) Ethinamate;
688 (T) Ethyl loflazepate;
689 (U) Fludiazepam;
690 (V) Flunitrazepam;
691 (W) Flurazepam;
692 (X) Halazepam;
693 (Y) Haloxazolam;
694 (Z) Ketazolam;
695 (AA) Loprazolam;
696 (BB) Lorazepam;
697 (CC) Lormetazepam;
698 (DD) Mebutamate;
699 (EE) Medazepam;
700 (FF) Meprobamate;
701 (GG) Methohexital;
702 (HH) Methylphenobarbital (mephobarbital);
703 (II) Midazolam;
704 (JJ) Nimetazepam;
705 (KK) Nitrazepam;
706 (LL) Nordiazepam;
707 (MM) Oxazepam;
708 (NN) Oxazolam;
709 (OO) Paraldehyde;

710 (PP) Pentazocine;
711 (QQ) Petrichloral;
712 (RR) Phenobarbital;
713 (SS) Pinazepam;
714 (TT) Prazepam;
715 (UU) Quazepam;
716 (VV) Temazepam;
717 (WW) Tetrazepam;
718 (XX) Triazolam;
719 (YY) Zaleplon; and
720 (ZZ) Zolpidem.
721 (iii) Any material, compound, mixture, or preparation of fenfluramine which contains
722 any quantity of the following substances, including its salts, isomers whether optical, position,
723 or geometric, and salts of the isomers when the existence of the salts, isomers, and salts of
724 isomers is possible.
725 (iv) Unless specifically excepted or unless listed in another schedule, any material,
726 compound, mixture, or preparation which contains any quantity of the following substances
727 having a stimulant effect on the central nervous system, including its salts, isomers whether
728 optical, position, or geometric isomers, and salts of the isomers when the existence of the salts,
729 isomers, and salts of isomers is possible within the specific chemical designation:
730 (A) Cathine ((+)-norpseudoephedrine);
731 (B) Diethylpropion;
732 (C) Fencamfamine;
733 (D) Fenproprex;
734 (E) Mazindol;
735 (F) Mefenorex;
736 (G) Modafinil;
737 (H) Pemoline, including organometallic complexes and chelates thereof;
738 (I) Phentermine;
739 (J) Pipradrol;
740 (K) Sibutramine; and

741 (L) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
742 (v) Unless specifically excepted or unless listed in another schedule, any material,
743 compound, mixture, or preparation which contains any quantity of dextropropoxyphene
744 (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
745 (e) Schedule V:
746 (i) Any compound, mixture, or preparation containing any of the following limited
747 quantities of narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
748 which includes one or more non-narcotic active medicinal ingredients in sufficient proportion
749 to confer upon the compound, mixture, or preparation valuable medicinal qualities other than
750 those possessed by the narcotic drug alone:
751 [(i)] (A) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
752 [(ii)] (B) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
753 grams;
754 [(iii)] (C) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
755 grams;
756 [(iv)] (D) not more than 2.5 milligrams of diphenoxylate and not less than 25
757 micrograms of atropine sulfate per dosage unit;
758 [(v)] (E) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
759 [(vi)] (F) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
760 atropine sulfate per dosage unit; [and]
761 [(vii)] (G) unless specifically exempted or excluded or unless listed in another
762 schedule, any material, compound, mixture, or preparation which contains Pyrovalerone having
763 a stimulant effect on the central nervous system, including its salts, isomers, and salts of
764 isomers[.]; and
765 (H) ephedrine, pseudoephedrine, norpseudoephedrine, and phenylpropanolamine.
766 (ii) Notwithstanding Subsections 58-37-2 (1)(m), 58-37-4 (e)(ii), and 58-37-7.5 (4),
767 products containing ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine
768 and that are intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention
769 of disease may be purchased, sold, or transferred as an over-the-counter medication without a
770 prescription if:
771 (A) dispensed by a person licensed under Title 58, Chapter 17b, Pharmacy Practice

772 Act; and
773 (B) recorded in the controlled substance database created in Section 58-37-7.5 .
774 Section 3. Section 58-37-7.5 is amended to read:
775 58-37-7.5. Controlled substance database -- Pharmacy reporting requirements --
776 Access -- Penalties.
777 (1) As used in this section:
778 (a) "Database" means the controlled substance database created in this section.
779 (b) "Database manager" means the person responsible for operating the database, or his
780 designee.
781 (c) "Division" means the Division of Occupational and Professional Licensing created
782 in Section 58-1-103 .
783 (d) "Health care facility" has the same definition as in Section 26-21-2 .
784 (e) "Pharmacy or pharmaceutical facility" has the same definition as in Section
785 58-17b-102 .
786 (2) (a) There is created within the division a controlled substance database.
787 (b) The division shall administer and direct the functioning of the database in
788 accordance with this section. The division may under state procurement laws contract with
789 another state agency or private entity to establish, operate, or maintain the database. The
790 division in collaboration with the board shall determine whether to operate the database within
791 the division or contract with another entity to operate the database, based on an analysis of
792 costs and benefits.
793 (c) The purpose of the database is to contain data as described in this section regarding
794 every prescription for a controlled substance dispensed in the state to any person other than an
795 inpatient in a licensed health care facility.
796 (d) Data required by this section shall be submitted in compliance with this section to
797 the manager of the database by the pharmacist in charge of the drug outlet where the controlled
798 substance is dispensed.
799 (3) The Utah State Board of Pharmacy created in Section 58-17b-201 shall advise the
800 division regarding:
801 (a) establishing, maintaining, and operating the database;
802 (b) access to the database and how access is obtained; and

803 (c) control of information contained in the database.
804 (4) The pharmacist in charge shall, regarding each controlled substance dispensed by a
805 pharmacist under his supervision other than those dispensed for an inpatient at a health care
806 facility, submit to the manager of the database the following information, by a procedure and in
807 a format established by the division:
808 (a) name of the prescribing practitioner;
809 (b) date of the prescription;
810 (c) date the prescription was filled;
811 (d) name of the person for whom the prescription was written;
812 (e) positive identification of the person receiving the prescription, including the type of
813 identification and any identifying numbers on the identification;
814 (f) name of the controlled substance;
815 (g) quantity of controlled substance prescribed;
816 (h) strength of controlled substance;
817 (i) quantity of controlled substance dispensed;
818 (j) dosage quantity and frequency as prescribed;
819 (k) name of drug outlet dispensing the controlled substance;
820 (l) name of pharmacist dispensing the controlled substance; and
821 (m) other relevant information as required by division rule.
822 (5) The division shall maintain the database in an electronic file or by other means
823 established by the division to facilitate use of the database for identification of:
824 (a) prescribing practices and patterns of prescribing and dispensing controlled
825 substances;
826 (b) practitioners prescribing controlled substances in an unprofessional or unlawful
827 manner;
828 (c) individuals receiving prescriptions for controlled substances from licensed
829 practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet
830 in quantities or with a frequency inconsistent with generally recognized standards of dosage for
831 that controlled substance; and
832 (d) individuals presenting forged or otherwise false or altered prescriptions for
833 controlled substances to a pharmacy.

834 (6) (a) The division shall by rule establish the electronic format in which the
835 information required under this section shall be submitted to the administrator of the database.
836 (b) Notwithstanding the requirements of Subsection (4), the division shall establish by
837 rule, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, database
838 reporting requirements for controlled substances that may be dispensed without a prescription
839 under this chapter.
840 [(b)] (c) The division shall ensure the database system records and maintains for
841 reference:
842 (i) identification of each person who requests or receives information from the
843 database;
844 (ii) the information provided to each person; and
845 (iii) the date and time the information is requested or provided.
846 (7) The division shall make rules to:
847 (a) effectively enforce the limitations on access to the database as described in
848 Subsection (8); and
849 (b) establish standards and procedures to ensure accurate identification of individuals
850 requesting information or receiving information without request from the database.
851 (8) The manager of the database shall make information in the database available only
852 to the following persons, and in accordance with the limitations stated and division rules:
853 (a) personnel of the division specifically assigned to conduct investigations related to
854 controlled substances laws under the jurisdiction of the division;
855 (b) authorized division personnel engaged in analysis of controlled substance
856 prescription information as a part of the assigned duties and responsibilities of their
857 employment;
858 (c) employees of the Department of Health whom the director of the Department of
859 Health assigns to conduct scientific studies regarding the use or abuse of controlled substances,
860 provided that the identity of the individuals and pharmacies in the database are confidential and
861 are not disclosed in any manner to any individual who is not directly involved in the scientific
862 studies;
863 (d) a licensed practitioner having authority to prescribe controlled substances, to the
864 extent the information relates specifically to a current patient of the practitioner, to whom the

865 practitioner is prescribing or considering prescribing any controlled substance;
866 (e) a licensed pharmacist having authority to dispense controlled substances to the
867 extent the information relates specifically to a current patient to whom that pharmacist is
868 dispensing or considering dispensing any controlled substance;
869 (f) federal, state, and local law enforcement authorities engaged as a specified duty of
870 their employment in enforcing laws regulating controlled substances; and
871 (g) an individual who is the recipient of a controlled substance prescription entered into
872 the database, upon providing evidence satisfactory to the database manager that the individual
873 requesting the information is in fact the person about whom the data entry was made.
874 (9) Any person who knowingly and intentionally releases any information in the
875 database in violation of the limitations under Subsection (8) is guilty of a third degree felony.
876 (10) Any person who obtains or attempts to obtain information from the database by
877 misrepresentation or fraud is guilty of a third degree felony.
878 (11) (a) A person may not knowingly and intentionally use, release, publish, or
879 otherwise make available to any other person or entity any information obtained from the
880 database for any purpose other than those specified in Subsection (8). Each separate violation
881 of this Subsection (11) is a third degree felony and is also subject to a civil penalty not to
882 exceed $5,000.
883 (b) The procedure for determining a civil violation of this Subsection (11) shall be in
884 accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
885 (c) Civil penalties assessed under this Subsection (11) shall be deposited in the General
886 Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
887 (12) (a) The failure of a pharmacist in charge to submit information to the database as
888 required under this section after the division has submitted a specific written request for the
889 information or when the division determines the individual has a demonstrable pattern of
890 failing to submit the information as required is grounds for the division to take the following
891 actions in accordance with Section 58-1-401 :
892 (i) refuse to issue a license to the individual;
893 (ii) refuse to renew the individual's license;
894 (iii) revoke, suspend, restrict, or place on probation the license;
895 (iv) issue a public or private reprimand to the individual;

896 (v) issue a cease and desist order; and
897 (vi) impose a civil penalty of not more than $1,000 for each dispensed prescription
898 regarding which the required information is not submitted.
899 (b) Civil penalties assessed under Subsection (12)(a)(vi) shall be deposited in the
900 General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
901 (c) The procedure for determining a civil violation of this Subsection (12) shall be in
902 accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
903 (13) An individual who has submitted information to the database in accordance with
904 this section may not be held civilly liable for having submitted the information.
905 (14) All department and the division costs necessary to establish and operate the
906 database shall be funded by appropriations from:
907 (a) the Commerce Service Fund; and
908 (b) the General Fund.
909 (15) All costs associated with recording and submitting data as required in this section
910 shall be assumed by the submitting pharmacy.
911 Section 4. Effective date.
912 This bill takes effect on January 1, 2008.




Legislative Review Note
as of 1-22-07 2:35 PM

Office of Legislative Research and General Counsel