H.B. 35

1

CONTROLLED SUBSTANCE DATABASE -
2 REPORTING FOR OVERDOSE OF A
3 PRESCRIBED CONTROLLED SUBSTANCE
4 2010 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Bradley M. Daw
7 Senate Sponsor: ____________
8
9 LONG TITLE
10 Committee Note:
11 The Health and Human Services Interim Committee recommended this bill.
12 General Description:
13 This bill amends provisions of the Utah Health Code and the Utah Controlled
14 Substances Act to provide for notification to a practitioner when a patient is admitted to
15 a hospital for an overdose involving a controlled substance that the practitioner may
16 have prescribed to the patient.
17 Highlighted Provisions:
18 This bill:
19 . requires that, when a health care provider admits a patient to a hospital for an
20 overdose involving a prescribed controlled substance, the health care provider must
21 report the overdose and other information to the Division of Occupational and
22 Professional Licensing (DOPL);
23 . requires that, when DOPL receives a report described in the preceding paragraph,
24 DOPL must notify each practitioner that may have written a prescription for the
25 controlled substance of the overdose and certain information relating to the
26 overdose; and
27 . makes technical changes.

28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 ENACTS:
34 26-7-6, Utah Code Annotated 1953
35 58-37-7.9, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26-7-6 is enacted to read:
39 26-7-6. Health care provider to report prescribed controlled substance overdose.
40 A health care provider who admits a patient into a hospital for an overdose involving a
41 prescribed controlled substance shall, within three business days after the day on which the
42 patient is admitted, send a report to the Division of Occupational and Professional Licensing,
43 created in Section 58-1-103 , of:
44 (1) the patient's name;
45 (2) each drug found in the patient's system that may have contributed to the overdose;
46 and
47 (3) the name of each person who prescribed a drug described in Subsection (2) to the
48 patient, if known.
49 Section 2. Section 58-37-7.9 is enacted to read:
50 58-37-7.9. Reporting prescribed controlled substance overdose to a practitioner.
51 (1) The definitions in Subsection 58-37-7.5 (1) apply to this section.
52 (2) If the division receives a report from a health care provider under Section 26-7-6 ,
53 relating to a hospital admission of a patient for a prescribed controlled substance overdose, the
54 division shall, within three business days:
55 (a) attempt to identify, through the database, each practitioner who may have
56 prescribed the controlled substance to the patient; and
57 (b) provide each practitioner identified under Subsection (2)(a) with:
58 (i) a copy of the information provided by the health care provider under Section

59 26-7-6 ; and
60 (ii) the information obtained from the database that led the division to determine that
61 the practitioner receiving the information may have prescribed the controlled substance to the
62 patient.
63 (3) It is the intent of the Legislature that the information provided under Subsection
64 (2)(b) is provided for the purpose of assisting the practitioner in:
65 (a) discussing issues relating to the overdose;
66 (b) advising the patient on measures that may be taken to avoid a future overdose; and
67 (c) making decisions regarding future prescriptions written for the patient.




Legislative Review Note
as of 11-18-09 1:24 PM

Office of Legislative Research and General Counsel