H.B. 15

1

CONTROLLED SUBSTANCE DATABASE - LICENSING
2 AMENDMENTS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley M. Daw
6 Senate Sponsor: Curtis S. Bramble
7
8 LONG TITLE
9 Committee Note:
10 The Health and Human Services Interim Committee recommended this bill.
11 General Description:
12 This bill amends licensing provisions in the Controlled Substance Database Act.
13 Highlighted Provisions:
14 This bill:
15 . provides that an individual who is not a veterinarian, who obtains a new license to
16 prescribe a controlled substance, shall, within 30 days after the day on which the
17 individual obtains a license to prescribe a controlled substance from the Drug
18 Enforcement Administration, register with the division to use the Controlled
19 Substance Database; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 58-37f-401, as enacted by Laws of Utah 2010, Chapter 287

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-37f-401 is amended to read:
31 58-37f-401. Database registration required -- Penalties for failure to register.
32 (1) Each individual, other than a veterinarian, who, on June 30, 2010, has a license to
33 prescribe a controlled substance under Chapter 37, Utah Controlled Substances Act, but is not
34 registered with the division to use the database shall, on or before September 30, 2010, register
35 with the division to use the database.
36 (2) Each individual who, on November 1, 2012, is registered with the division to use
37 the database shall, on or before January 1, 2013, participate in the online tutorial and pass the
38 online test described in Section 58-37f-402 .
39 (3) (a) An individual who is not a veterinarian, who obtains a new license to prescribe
40 a controlled substance under Chapter 37, Utah Controlled Substances Act, shall, within 30 days
41 after the day on which the individual obtains a license to prescribe a controlled substance from
42 the Drug Enforcement Administration, register with the division to use the database.
43 [(3)] (b) [Beginning on July 1, 2010, an] An individual who is not a veterinarian may
44 not [obtain or] renew a license to prescribe a controlled substance under Chapter 37, Utah
45 Controlled Substances Act, unless the individual registers with the division to use the database.
46 (4) Beginning on November 2, 2012, in order to register to use the database, the
47 individual registering must participate in the online tutorial and pass the online test described
48 in Section 58-37f-402 .
49 (5) Failure by an individual to comply with the requirements of this section is grounds
50 for the division to take the following actions in accordance with Section 58-1-401 :
51 (a) refuse to issue a license to the individual;
52 (b) refuse to renew the individual's license; or
53 (c) revoke, suspend, restrict, or place on probation the license.
54 (6) Beginning on July 1, 2010, the division shall, in accordance with Section
55 63J-1-504 , impose an annual database registration fee on an individual who registers to use the
56 database, to pay the startup and ongoing costs of the division for complying with the
57 requirements of this section and Section 58-37f-402 .

Legislative Review Note
as of 8-10-10 11:37 AM

Office of Legislative Research and General Counsel