H.B. 128 Enrolled

1

ELECTRONIC PRESCRIBING ACT
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Peter C. Knudson
6 Cosponsor:Evan J. Vickers 7
8 LONG TITLE
9 General Description:
10 This bill enacts the Electronic Prescribing Act within Title 58, Occupations and
11 Professions.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires a practitioner to provide each existing patient of the practitioner with the
16 option to participate in electronic prescribing, if the practitioner prescribes a drug
17 or device for the patient on or after July 1, 2012;
18 . provides that a practitioner may not issue a prescription through electronic
19 prescribing for a drug or device that the practitioner is prohibited by federal law or
20 federal rule from issuing through electronic prescribing;
21 . requires a pharmacy to accept and comply with an electronic prescription that is
22 transmitted in accordance with the requirements of this section and rules made by
23 the Division of Occupational and Professional Licensing; and
24 . grants rulemaking authority to the Division of Occupational and Professional
25 Licensing to:
26 . enforce the provisions of this bill;
27 . ensure that electronic prescribing is done in a secure manner, consistent with
28 industry standards;
29 . ensure that each patient is fully informed of the patient's rights, restrictions, and

30 obligations pertaining to electronic prescribing; and
31 . grant a hardship exemption to a pharmacy or a practitioner, to the extent that
32 the requirements of this bill would impose an extreme financial hardship on the
33 pharmacy or the practitioner.
34 Monies Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 This bill takes effect on July 1, 2012.
38 Utah Code Sections Affected:
39 ENACTS:
40 58-78-101, Utah Code Annotated 1953
41 58-78-102, Utah Code Annotated 1953
42 58-78-201, Utah Code Annotated 1953
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 58-78-101 is enacted to read:
46 CHAPTER 78. ELECTRONIC PRESCRIBING ACT
47 Part 1. General Provisions
48 58-78-101. Title.
49 This chapter is known as the "Electronic Prescribing Act."
50 Section 2. Section 58-78-102 is enacted to read:
51 58-78-102. Definitions.
52 As used in this chapter:
53 (1) "Drug" is as defined in Section 58-37-2 .
54 (2) "Electronic prescribing" means the electronic generation and transmission of a
55 prescription between a practitioner and a pharmacy.
56 (3) "Existing patient" means a person who a practitioner has:
57 (a) obtained information regarding, in the usual course of professional practice, that is

58 sufficient to:
59 (i) establish a diagnoses;
60 (ii) identify conditions; and
61 (iii) identify contraindications to potential treatment; and
62 (b) accepted as a patient.
63 (4) (a) "Federal controlled substance" means a drug or substance included in
64 Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513, or
65 any federal controlled substance analog.
66 (b) "Federal controlled substance" does not include:
67 (i) distilled spirits, wine, or malt beverages, as those terms are defined or used in Title
68 32A, Alcoholic Beverage Control Act, regarding tobacco or food;
69 (ii) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
70 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
71 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
72 transferred, or furnished as an over-the-counter medication without prescription; or
73 (iii) dietary supplements, vitamins, minerals, herbs, or other similar substances
74 including concentrates or extracts, which are not otherwise regulated by law, which may
75 contain naturally occurring amounts of chemicals or substances listed in this chapter, or in
76 rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
77 (5) (a) "Federal controlled substance analog" means a substance the chemical structure
78 of which is substantially similar to the chemical structure of a controlled substance listed in
79 Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513:
80 (i) which has a stimulant, depressant, or hallucinogenic effect on the central nervous
81 system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
82 nervous system of controlled substances in the schedules set forth in Subsection (4); or
83 (ii) which, with respect to a particular individual, is represented or intended to have a
84 stimulant, depressant, or hallucinogenic effect on the central nervous system substantially
85 similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of

86 controlled substances in the schedules set forth in Subsection (4).
87 (b) "Federal controlled substance analog" does not include:
88 (i) a controlled substance currently scheduled in Schedules I through V of Section
89 58-37-4 ;
90 (ii) a substance for which there is an approved new drug application;
91 (iii) a substance with respect to which an exemption is in effect for investigational use
92 by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 355,
93 to the extent the conduct with respect to the substance is permitted by the exemption;
94 (iv) any substance to the extent not intended for human consumption before an
95 exemption takes effect with respect to the substance;
96 (v) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
97 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
98 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
99 transferred, or furnished as an over-the-counter medication without prescription; or
100 (vi) dietary supplements, vitamins, minerals, herbs, or other similar substances
101 including concentrates or extracts, which are not otherwise regulated by law, which may
102 contain naturally occurring amounts of chemicals or substances listed in this chapter, or in
103 rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
104 (6) "Pharmacy" is as defined in Section 58-17b-102 .
105 (7) "Practitioner" means an individual currently licensed, registered, or otherwise
106 authorized by the state to prescribe and administer a drug in the course of professional
107 practice.
108 (8) "Prescription" is as defined in Section 58-37-2 .
109 Section 3. Section 58-78-201 is enacted to read:
110 Part 2. Electronic Prescribing
111 58-78-201. Electronic prescriptions -- Restrictions -- Rulemaking authority.
112 (1) Subject to the provisions of this section, a practitioner shall provide each existing
113 patient of the practitioner with the option of participating in electronic prescribing for

114 prescriptions issued for the patient, if the practitioner prescribes a drug or device for the
115 patient on or after July 1, 2012.
116 (2) A practitioner may not issue a prescription through electronic prescribing for a
117 drug, device, or federal controlled substance that the practitioner is prohibited by federal law
118 or federal rule from issuing through electronic prescribing.
119 (3) A pharmacy shall:
120 (a) accept an electronic prescription that is transmitted in accordance with the
121 requirements of this section and division rules; and
122 (b) dispense a drug or device as directed in an electronic prescription described in
123 Subsection (3)(a).
124 (4) The division shall make rules to ensure that:
125 (a) except as provided in Subsection (5), practitioners and pharmacies comply with
126 this section;
127 (b) electronic prescribing is conducted in a secure manner, consistent with industry
128 standards; and
129 (c) each patient is fully informed of the patient's rights, restrictions, and obligations
130 pertaining to electronic prescribing.
131 (5) The division may, by rule, grant an exemption from the requirements of this
132 section to a pharmacy or a practitioner to the extent that the pharmacy or practitioner can
133 establish, to the satisfaction of the division, that compliance with the requirements of this
134 section would impose an extreme financial hardship on the pharmacy or practitioner.
135 Section 4. Effective date.
136 This bill takes effect on July 1, 2012.