H.B. 267

1

CONTROLLED SUBSTANCES AMENDMENTS -
2 SUDA CONTROLS
3 2008 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 certain 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 . requires that the division by rule provide for reporting transactions of these
25 substances in the controlled substance database.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 This bill takes effect on January 1, 2009.
30 Utah Code Sections Affected:
31 AMENDS:
32 58-37-2, as last amended by Laws of Utah 2006, Chapter 8
33 58-37-4, as last amended by Laws of Utah 2006, Chapter 8
34 58-37-7.5, as last amended by Laws of Utah 2007, Chapter 293
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 58-37-2 is amended to read:
38 58-37-2. Definitions.
39 (1) As used in this chapter:
40 (a) "Administer" means the direct application of a controlled substance, whether by
41 injection, inhalation, ingestion, or any other means, to the body of a patient or research subject
42 by:
43 (i) a practitioner or, in his presence, by his authorized agent; or
44 (ii) the patient or research subject at the direction and in the presence of the
45 practitioner.
46 (b) "Agent" means an authorized person who acts on behalf of or at the direction of a
47 manufacturer, distributor, or practitioner but does not include a motor carrier, public
48 warehouseman, or employee of any of them.
49 (c) "Consumption" means ingesting or having any measurable amount of a controlled
50 substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a
51 controlled substance.
52 (d) "Continuing criminal enterprise" means any individual, sole proprietorship,
53 partnership, corporation, business trust, association, or other legal entity, and any union or
54 groups of individuals associated in fact although not a legal entity, and includes illicit as well
55 as licit entities created or maintained for the purpose of engaging in conduct which constitutes
56 the commission of episodes of activity made unlawful by Title 58, Chapters 37, 37a, 37b, 37c,
57 or 37d, which episodes are not isolated, but have the same or similar purposes, results,
58 participants, victims, methods of commission, or otherwise are interrelated by distinguishing

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

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

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

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

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

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

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

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

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

338 (B) Acetyldihydrocodeine;
339 (C) Benzylmorphine;
340 (D) Codeine methylbromide;
341 (E) Codeine-N-Oxide;
342 (F) Cyprenorphine;
343 (G) Desomorphine;
344 (H) Dihydromorphine;
345 (I) Drotebanol;
346 (J) Etorphine (except hydrochloride salt);
347 (K) Heroin;
348 (L) Hydromorphinol;
349 (M) Methyldesorphine;
350 (N) Methylhydromorphine;
351 (O) Morphine methylbromide;
352 (P) Morphine methylsulfonate;
353 (Q) Morphine-N-Oxide;
354 (R) Myrophine;
355 (S) Nicocodeine;
356 (T) Nicomorphine;
357 (U) Normorphine;
358 (V) Pholcodine; and
359 (W) Thebacon.
360 (iii) Unless specifically excepted or unless listed in another schedule, any material,
361 compound, mixture, or preparation which contains any quantity of the following hallucinogenic
362 substances, or which contains any of their salts, isomers, and salts of isomers when the
363 existence of the salts, isomers, and salts of isomers is possible within the specific chemical
364 designation; as used in this Subsection (2)(iii) only, "isomer" includes the optical, position, and
365 geometric isomers:
366 (A) Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
367 .-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; .-ET; and AET;
368 (B) 4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:

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

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

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

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

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

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

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

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

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

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

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

710 (QQ) Petrichloral;
711 (RR) Phenobarbital;
712 (SS) Pinazepam;
713 (TT) Prazepam;
714 (UU) Quazepam;
715 (VV) Temazepam;
716 (WW) Tetrazepam;
717 (XX) Triazolam;
718 (YY) Zaleplon; and
719 (ZZ) Zolpidem.
720 (iii) Any material, compound, mixture, or preparation of fenfluramine which contains
721 any quantity of the following substances, including its salts, isomers whether optical, position,
722 or geometric, and salts of the isomers when the existence of the salts, isomers, and salts of
723 isomers is possible.
724 (iv) Unless specifically excepted or unless listed in another schedule, any material,
725 compound, mixture, or preparation which contains any quantity of the following substances
726 having a stimulant effect on the central nervous system, including its salts, isomers whether
727 optical, position, or geometric isomers, and salts of the isomers when the existence of the salts,
728 isomers, and salts of isomers is possible within the specific chemical designation:
729 (A) Cathine ((+)-norpseudoephedrine);
730 (B) Diethylpropion;
731 (C) Fencamfamine;
732 (D) Fenproprex;
733 (E) Mazindol;
734 (F) Mefenorex;
735 (G) Modafinil;
736 (H) Pemoline, including organometallic complexes and chelates thereof;
737 (I) Phentermine;
738 (J) Pipradrol;
739 (K) Sibutramine; and
740 (L) SPA ((-)-1-dimethylamino-1,2-diphenylethane).

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

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

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

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

865 the practitioner is prescribing or considering prescribing any controlled substance;
866 (ii) the information relates specifically to an individual who has access to the
867 practitioner's Drug Enforcement Administration number, and the practitioner suspects that the
868 individual may have used the practitioner's Drug Enforcement Administration identification
869 number to fraudulently acquire or prescribe controlled substances; or
870 (iii) the information relates to the practitioner's own prescribing practices, except when
871 specifically prohibited by the division by administrative rule;
872 (e) a licensed pharmacist having authority to dispense controlled substances to the
873 extent the information relates specifically to a current patient to whom that pharmacist is
874 dispensing or considering dispensing any controlled substance;
875 (f) federal, state, and local law enforcement authorities engaged as a specified duty of
876 their employment in enforcing laws:
877 (i) regulating controlled substances; or
878 (ii) investigating insurance fraud, Medicaid fraud, or Medicare fraud; and
879 (g) an individual who is the recipient of a controlled substance prescription entered into
880 the database, upon providing evidence satisfactory to the database manager that the individual
881 requesting the information is in fact the person about whom the data entry was made.
882 (9) Any person who knowingly and intentionally releases any information in the
883 database in violation of the limitations under Subsection (8) is guilty of a third degree felony.
884 (10) Any person who obtains or attempts to obtain information from the database by
885 misrepresentation or fraud is guilty of a third degree felony.
886 (11) (a) A person may not knowingly and intentionally use, release, publish, or
887 otherwise make available to any other person or entity any information obtained from the
888 database for any purpose other than those specified in Subsection (8). Each separate violation
889 of this Subsection (11) is a third degree felony and is also subject to a civil penalty not to
890 exceed $5,000.
891 (b) The procedure for determining a civil violation of this Subsection (11) shall be in
892 accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
893 (c) Civil penalties assessed under this Subsection (11) shall be deposited in the General
894 Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
895 (12) (a) The failure of a pharmacist in charge to submit information to the database as

896 required under this section after the division has submitted a specific written request for the
897 information or when the division determines the individual has a demonstrable pattern of
898 failing to submit the information as required is grounds for the division to take the following
899 actions in accordance with Section 58-1-401 :
900 (i) refuse to issue a license to the individual;
901 (ii) refuse to renew the individual's license;
902 (iii) revoke, suspend, restrict, or place on probation the license;
903 (iv) issue a public or private reprimand to the individual;
904 (v) issue a cease and desist order; and
905 (vi) impose a civil penalty of not more than $1,000 for each dispensed prescription
906 regarding which the required information is not submitted.
907 (b) Civil penalties assessed under Subsection (12)(a)(vi) shall be deposited in the
908 General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
909 (c) The procedure for determining a civil violation of this Subsection (12) shall be in
910 accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
911 (13) An individual who has submitted information to the database in accordance with
912 this section may not be held civilly liable for having submitted the information.
913 (14) All department and the division costs necessary to establish and operate the
914 database shall be funded by appropriations from:
915 (a) the Commerce Service Fund; and
916 (b) the General Fund.
917 (15) All costs associated with recording and submitting data as required in this section
918 shall be assumed by the submitting pharmacy.
919 Section 4. Effective date.
920 This bill takes effect on January 1, 2009.




Legislative Review Note
as of 11-9-07 7:41 AM

Office of Legislative Research and General Counsel