This document includes House Committee Amendments incorporated into the bill on Fri, Feb 10, 2017 at 12:40 PM by ryoung.
This document includes House Floor Amendments incorporated into the bill on Thu, Feb 23, 2017 at 3:46 PM by jeyring.
Representative Raymond P. Ward proposes the following substitute bill:


1     
OPIOID PRESCRIBING REGULATIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Raymond P. Ward

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Division of Occupational and Professional Licensing Act related to
10     the prescribing of certain controlled substances.
11     Highlighted Provisions:
12          This bill:
13          ▸     limits the number of days for which an opiate may be prescribed for certain
14     individuals;
15          ▸     removes an outdated provision from the Utah Controlled Substances Act related to
16     opiate prescribing; and
17          ▸     amends provisions of the Controlled Substance Database Act related to provider use
18     of the database.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          58-37-6, as last amended by Laws of Utah 2014, Chapter 78

26          58-37f-301, as last amended by Laws of Utah 2016, Third Special Session, Chapter 5
27          58-37f-304, as enacted by Laws of Utah 2016, Chapter 275
27a      Ĥ→ 63I-1-258, as last amended by Laws of Utah 2016, Chapters 89 and 294 ←Ĥ
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 58-37-6 is amended to read:
31          58-37-6. License to manufacture, produce, distribute, dispense, administer, or
32     conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
33     required -- Prescriptions.
34          (1) (a) The division may adopt rules relating to the licensing and control of the
35     manufacture, distribution, production, prescription, administration, dispensing, conducting of
36     research with, and performing of laboratory analysis upon controlled substances within this
37     state.
38          (b) The division may assess reasonable fees to defray the cost of issuing original and
39     renewal licenses under this chapter pursuant to Section 63J-1-504.
40          (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
41     administers, conducts research with, or performs laboratory analysis upon any controlled
42     substance in Schedules I through V within this state, or who proposes to engage in
43     manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
44     research with, or performing laboratory analysis upon controlled substances included in
45     Schedules I through V within this state shall obtain a license issued by the division.
46          (ii) The division shall issue each license under this chapter in accordance with a
47     two-year renewal cycle established by rule. The division may by rule extend or shorten a
48     renewal period by as much as one year to stagger the renewal cycles it administers.
49          (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
50     administer, conduct research with, or perform laboratory analysis upon controlled substances in
51     Schedules I through V within this state may possess, manufacture, produce, distribute,
52     prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
53     those substances to the extent authorized by their license and in conformity with this chapter.
54          (c) The following persons are not required to obtain a license and may lawfully possess
55     controlled substances included in Schedules II through V under this section:
56          (i) an agent or employee, except a sales representative, of any registered manufacturer,

57     distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
58     usual course of the person's business or employment; however, nothing in this subsection shall
59     be interpreted to permit an agent, employee, sales representative, or detail man to maintain an
60     inventory of controlled substances separate from the location of the person's employer's
61     registered and licensed place of business;
62          (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
63     warehouseman, who possesses any controlled substance in the usual course of the person's
64     business or employment; and
65          (iii) an ultimate user, or any person who possesses any controlled substance pursuant to
66     a lawful order of a practitioner.
67          (d) The division may enact rules waiving the license requirement for certain
68     manufacturers, producers, distributors, prescribers, dispensers, administrators, research
69     practitioners, or laboratories performing analysis if consistent with the public health and safety.
70          (e) A separate license is required at each principal place of business or professional
71     practice where the applicant manufactures, produces, distributes, dispenses, conducts research
72     with, or performs laboratory analysis upon controlled substances.
73          (f) The division may enact rules providing for the inspection of a licensee or applicant's
74     establishment, and may inspect the establishment according to those rules.
75          (3) (a) (i) Upon proper application, the division shall license a qualified applicant to
76     manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
77     controlled substances included in Schedules I through V, unless it determines that issuance of a
78     license is inconsistent with the public interest.
79          (ii) The division may not issue a license to any person to prescribe, dispense, or
80     administer a Schedule I controlled substance except under Subsection (3)(a)(i).
81          (iii) In determining public interest under this Subsection (3)(a), the division shall
82     consider whether or not the applicant has:
83          (A) maintained effective controls against diversion of controlled substances and any
84     Schedule I or II substance compounded from any controlled substance into other than
85     legitimate medical, scientific, or industrial channels;
86          (B) complied with applicable state and local law;
87          (C) been convicted under federal or state laws relating to the manufacture, distribution,

88     or dispensing of substances;
89          (D) past experience in the manufacture of controlled dangerous substances;
90          (E) established effective controls against diversion; and
91          (F) complied with any other factors that the division establishes that promote the public
92     health and safety.
93          (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
94     produce, distribute, conduct research with, or perform laboratory analysis upon controlled
95     substances in Schedule I other than those specified in the license.
96          (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
97     substances in Schedules II through V if they are authorized to administer, dispense, or conduct
98     research under the laws of this state.
99          (ii) The division need not require a separate license for practitioners engaging in
100     research with nonnarcotic controlled substances in Schedules II through V where the licensee is
101     already licensed under this chapter in another capacity.
102          (iii) With respect to research involving narcotic substances in Schedules II through V,
103     or where the division by rule requires a separate license for research of nonnarcotic substances
104     in Schedules II through V, a practitioner shall apply to the division prior to conducting
105     research.
106          (iv) Licensing for purposes of bona fide research with controlled substances by a
107     practitioner considered qualified may be denied only on a ground specified in Subsection (4),
108     or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
109     adequately the practitioner's supply of substances against diversion from medical or scientific
110     use.
111          (v) Practitioners registered under federal law to conduct research in Schedule I
112     substances may conduct research in Schedule I substances within this state upon furnishing the
113     division evidence of federal registration.
114          (d) Compliance by manufacturers, producers, and distributors with the provisions of
115     federal law respecting registration, excluding fees, entitles them to be licensed under this
116     chapter.
117          (e) The division shall initially license those persons who own or operate an
118     establishment engaged in the manufacture, production, distribution, dispensation, or

119     administration of controlled substances prior to April 3, 1980, and who are licensed by the
120     state.
121          (4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed
122     on probation, or revoked by the division upon finding that the applicant or licensee has:
123          (i) materially falsified any application filed or required pursuant to this chapter;
124          (ii) been convicted of an offense under this chapter or any law of the United States, or
125     any state, relating to any substance defined as a controlled substance;
126          (iii) been convicted of a felony under any other law of the United States or any state
127     within five years of the date of the issuance of the license;
128          (iv) had a federal registration or license denied, suspended, or revoked by competent
129     federal authority and is no longer authorized to manufacture, distribute, prescribe, or dispense
130     controlled substances;
131          (v) had the licensee's license suspended or revoked by competent authority of another
132     state for violation of laws or regulations comparable to those of this state relating to the
133     manufacture, distribution, or dispensing of controlled substances;
134          (vi) violated any division rule that reflects adversely on the licensee's reliability and
135     integrity with respect to controlled substances;
136          (vii) refused inspection of records required to be maintained under this chapter by a
137     person authorized to inspect them; or
138          (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
139     purpose of manipulating human hormonal structure so as to:
140          (A) increase muscle mass, strength, or weight without medical necessity and without a
141     written prescription by any practitioner in the course of the practitioner's professional practice;
142     or
143          (B) improve performance in any form of human exercise, sport, or game.
144          (b) The division may limit revocation or suspension of a license to a particular
145     controlled substance with respect to which grounds for revocation or suspension exist.
146          (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
147     this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
148     Occupational and Professional Licensing Act, and conducted in conjunction with the
149     appropriate representative committee designated by the director of the department.

150          (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and
151     Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
152     except where the division is designated by law to perform those functions, or, when not
153     designated by law, is designated by the executive director of the Department of Commerce to
154     conduct the proceedings.
155          (d) (i) The division may suspend any license simultaneously with the institution of
156     proceedings under this section if it finds there is an imminent danger to the public health or
157     safety.
158          (ii) Suspension shall continue in effect until the conclusion of proceedings, including
159     judicial review, unless withdrawn by the division or dissolved by a court of competent
160     jurisdiction.
161          (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
162     substances owned or possessed by the licensee may be placed under seal in the discretion of the
163     division.
164          (ii) Disposition may not be made of substances under seal until the time for taking an
165     appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
166     orders the sale of perishable substances and the proceeds deposited with the court.
167          (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
168          (f) The division shall notify promptly the Drug Enforcement Administration of all
169     orders suspending or revoking a license and all forfeitures of controlled substances.
170          (g) If an individual's Drug Enforcement Administration registration is denied, revoked,
171     surrendered, or suspended, the division shall immediately suspend the individual's controlled
172     substance license, which shall only be reinstated by the division upon reinstatement of the
173     federal registration, unless the division has taken further administrative action under
174     Subsection (4)(a)(iv), which would be grounds for the continued denial of the controlled
175     substance license.
176          (5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and
177     inventories in conformance with the record keeping and inventory requirements of federal and
178     state law and any additional rules issued by the division.
179          (b) (i) Every physician, dentist, naturopathic physician, veterinarian, practitioner, or
180     other person who is authorized to administer or professionally use a controlled substance shall

181     keep a record of the drugs received by him and a record of all drugs administered, dispensed, or
182     professionally used by him otherwise than by a prescription.
183          (ii) A person using small quantities or solutions or other preparations of those drugs for
184     local application has complied with this Subsection (5)(b) if the person keeps a record of the
185     quantity, character, and potency of those solutions or preparations purchased or prepared by
186     him, and of the dates when purchased or prepared.
187          (6) Controlled substances in Schedules I through V may be distributed only by a
188     licensee and pursuant to an order form prepared in compliance with division rules or a lawful
189     order under the rules and regulations of the United States.
190          (7) (a) A person may not write or authorize a prescription for a controlled substance
191     unless the person is:
192          (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
193     or under the laws of another state having similar standards; and
194          (ii) licensed under this chapter or under the laws of another state having similar
195     standards.
196          (b) A person other than a pharmacist licensed under the laws of this state, or the
197     pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304, may not
198     dispense a controlled substance.
199          (c) (i) A controlled substance may not be dispensed without the written prescription of
200     a practitioner, if the written prescription is required by the federal Controlled Substances Act.
201          (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
202     conformity with Subsection (7)(d).
203          (iii) In emergency situations, as defined by division rule, controlled substances may be
204     dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
205     designated by the division and filed by the pharmacy.
206          (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
207     Subsection (7)(d).
208          (d) Except for emergency situations designated by the division, a person may not issue,
209     fill, compound, or dispense a prescription for a controlled substance unless the prescription is
210     signed by the prescriber in ink or indelible pencil or is signed with an electronic signature of
211     the prescriber as authorized by division rule, and contains the following information:

212          (i) the name, address, and registry number of the prescriber;
213          (ii) the name, address, and age of the person to whom or for whom the prescription is
214     issued;
215          (iii) the date of issuance of the prescription; and
216          (iv) the name, quantity, and specific directions for use by the ultimate user of the
217     controlled substance.
218          (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
219     controlled substance unless:
220          (i) the person who writes the prescription is licensed under Subsection (2); and
221          (ii) the prescribed controlled substance is to be used in research.
222          (f) Except when administered directly to an ultimate user by a licensed practitioner,
223     controlled substances are subject to the [following] restrictions[:] of this Subsection (7)(f).
224          (i) [(A)] A prescription for a Schedule II substance may not be refilled.
225          [(B)] (ii) A Schedule II controlled substance may not be filled in a quantity to exceed a
226     one-month's supply, as directed on the daily dosage rate of the prescriptions.
227          (iii) (A) Except as provided in Subsection (7)(f)(iii)(B), a prescription for a Schedule II
228     or Schedule III controlled substance that is an opiate and that is issued for an acute condition
229     shall be completely or partially filled in a quantity not to exceed a 7 day supply as directed on
230     the daily dosage rate of the prescription.
231          (B) Subsection (7)(f)(iii)(A) does not apply to a Ĥ→ [
postsurgical] ←Ĥ prescription issued
231a     for
232     Ĥ→ [
surgeries] a surgery ←Ĥ when the practitioner Ĥ→ [records in the patient's medical record
232a     that the practitioner has
] ←Ĥ
233     determined that a quantity exceeding 7 days is needed, in which case the practitioner may
234     prescribe up to a thirty day supply, with a partial fill at the discretion of the practitioner.
235          (C) Subsection (7)(f)(iii)(A) does not apply to prescriptions issued for complex or
236     chronic conditions which are documented as being complex or chronic in the medical record.
236a      Ĥ→ (D) A pharmacist is not required to verify that a prescription is in compliance with
236b     Subsection (7)(f)(iii). ←Ĥ
237          [(ii)] (iv) A Schedule III or IV controlled substance may be filled only within six
238     months of issuance, and may not be refilled more than six months after the date of its original
239     issuance or be refilled more than five times after the date of the prescription unless renewed by
240     the practitioner.
241          [(iii)] (v) All other controlled substances in Schedule V may be refilled as the
242     prescriber's prescription directs, but they may not be refilled one year after the date the

243     prescription was issued unless renewed by the practitioner.
244          [(iv)] (vi) Any prescription for a Schedule II substance may not be dispensed if it is not
245     presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
246     after the date the prescription was issued, or 30 days after the dispensing date, if that date is
247     specified separately from the date of issue.
248          [(v)] (vii) A practitioner may issue more than one prescription at the same time for the
249     same Schedule II controlled substance, but only under the following conditions:
250          (A) no more than three prescriptions for the same Schedule II controlled substance may
251     be issued at the same time;
252          (B) no one prescription may exceed a 30-day supply; and
253          (C) a second or third prescription shall include the date of issuance and the date for
254     dispensing[; and].
255          [(D) unless the practitioner determines there is a valid medical reason to the contrary,
256     the date for dispensing a second or third prescription may not be fewer than 30 days from the
257     dispensing date of the previous prescription.]
258          (g) An order for a controlled substance in Schedules II through V for use by an
259     inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
260     Subsection (7) if the order is:
261          (i) issued or made by a prescribing practitioner who holds an unrestricted registration
262     with the federal Drug Enforcement Administration, and an active Utah controlled substance
263     license in good standing issued by the division under this section, or a medical resident who is
264     exempted from licensure under Subsection 58-1-307(1)(c);
265          (ii) authorized by the prescribing practitioner treating the patient and the prescribing
266     practitioner designates the quantity ordered;
267          (iii) entered upon the record of the patient, the record is signed by the prescriber
268     affirming the prescriber's authorization of the order within 48 hours after filling or
269     administering the order, and the patient's record reflects the quantity actually administered; and
270          (iv) filled and dispensed by a pharmacist practicing the pharmacist's profession within
271     the physical structure of the hospital, or the order is taken from a supply lawfully maintained by
272     the hospital and the amount taken from the supply is administered directly to the patient
273     authorized to receive it.

274          (h) A practitioner licensed under this chapter may not prescribe, administer, or
275     dispense a controlled substance to a child, without first obtaining the consent required in
276     Section 78B-3-406 of a parent, guardian, or person standing in loco parentis of the child except
277     in cases of an emergency. For purposes of this Subsection (7)(h), "child" has the same
278     meaning as defined in Section 78A-6-105, and "emergency" means any physical condition
279     requiring the administration of a controlled substance for immediate relief of pain or suffering.
280          (i) A practitioner licensed under this chapter may not prescribe or administer dosages
281     of a controlled substance in excess of medically recognized quantities necessary to treat the
282     ailment, malady, or condition of the ultimate user.
283          (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
284     any controlled substance to another person knowing that the other person is using a false name,
285     address, or other personal information for the purpose of securing the controlled substance.
286          (k) A person who is licensed under this chapter to manufacture, distribute, or dispense
287     a controlled substance may not manufacture, distribute, or dispense a controlled substance to
288     another licensee or any other authorized person not authorized by this license.
289          (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
290     symbol required by this chapter or by a rule issued under this chapter.
291          (m) A person licensed under this chapter may not refuse or fail to make, keep, or
292     furnish any record notification, order form, statement, invoice, or information required under
293     this chapter.
294          (n) A person licensed under this chapter may not refuse entry into any premises for
295     inspection as authorized by this chapter.
296          (o) A person licensed under this chapter may not furnish false or fraudulent material
297     information in any application, report, or other document required to be kept by this chapter or
298     willfully make any false statement in any prescription, order, report, or record required by this
299     chapter.
300          (8) (a) (i) Any person licensed under this chapter who is found by the division to have
301     violated any of the provisions of Subsections (7)(k) through (o) or Subsection (10) is subject to
302     a penalty not to exceed $5,000. The division shall determine the procedure for adjudication of
303     any violations in accordance with Sections 58-1-106 and 58-1-108.
304          (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the

305     General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1).
306          (b) Any person who knowingly and intentionally violates Subsections (7)(h) through (j)
307     or Subsection (10) is:
308          (i) upon first conviction, guilty of a class B misdemeanor;
309          (ii) upon second conviction, guilty of a class A misdemeanor; and
310          (iii) on third or subsequent conviction, guilty of a third degree felony.
311          (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
312     (o) shall upon conviction be guilty of a third degree felony.
313          (9) Any information communicated to any licensed practitioner in an attempt to
314     unlawfully procure, or to procure the administration of, a controlled substance is not considered
315     to be a privileged communication.
316          (10) A person holding a valid license under this chapter who is engaged in medical
317     research may produce, possess, administer, prescribe, or dispense a controlled substance for
318     research purposes as licensed under Subsection (2) but may not otherwise prescribe or dispense
319     a controlled substance listed in Section 58-37-4.2.
320          Section 2. Section 58-37f-301 is amended to read:
321          58-37f-301. Access to database.
322          (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
323     Administrative Rulemaking Act, to:
324          (a) effectively enforce the limitations on access to the database as described in this
325     part; and
326          (b) establish standards and procedures to ensure accurate identification of individuals
327     requesting information or receiving information without request from the database.
328          (2) The division shall make information in the database and information obtained from
329     other state or federal prescription monitoring programs by means of the database available only
330     to the following individuals, in accordance with the requirements of this chapter and division
331     rules:
332          (a) (i) personnel of the division specifically assigned to conduct investigations related
333     to controlled substance laws under the jurisdiction of the division; and
334          (ii) the following law enforcement officers, but the division may only provide
335     nonidentifying information, limited to gender, year of birth, and postal ZIP code, regarding

336     individuals for whom a controlled substance has been prescribed or to whom a controlled
337     substance has been dispensed:
338          (A) a law enforcement agency officer who is engaged in a joint investigation with the
339     division; and
340          (B) a law enforcement agency officer to whom the division has referred a suspected
341     criminal violation of controlled substance laws;
342          (b) authorized division personnel engaged in analysis of controlled substance
343     prescription information as a part of the assigned duties and responsibilities of their
344     employment;
345          (c) a board member if:
346          (i) the board member is assigned to monitor a licensee on probation; and
347          (ii) the board member is limited to obtaining information from the database regarding
348     the specific licensee on probation;
349          (d) a member of a diversion committee established in accordance with Subsection
350     58-1-404(2) if:
351          (i) the diversion committee member is limited to obtaining information from the
352     database regarding the person whose conduct is the subject of the committee's consideration;
353     and
354          (ii) the conduct that is the subject of the committee's consideration includes a violation
355     or a potential violation of Chapter 37, Utah Controlled Substances Act, or another relevant
356     violation or potential violation under this title;
357          (e) in accordance with a written agreement entered into with the department,
358     employees of the Department of Health:
359          (i) whom the director of the Department of Health assigns to conduct scientific studies
360     regarding the use or abuse of controlled substances, if the identity of the individuals and
361     pharmacies in the database are confidential and are not disclosed in any manner to any
362     individual who is not directly involved in the scientific studies;
363          (ii) when the information is requested by the Department of Health in relation to a
364     person or provider whom the Department of Health suspects may be improperly obtaining or
365     providing a controlled substance; or
366          (iii) in the medical examiner's office;

367          (f) in accordance with a written agreement entered into with the department, a designee
368     of the director of the Department of Health, who is not an employee of the Department of
369     Health, whom the director of the Department of Health assigns to conduct scientific studies
370     regarding the use or abuse of controlled substances pursuant to an application process
371     established in rule by the Department of Health, if:
372          (i) the designee provides explicit information to the Department of Health regarding
373     the purpose of the scientific studies;
374          (ii) the scientific studies to be conducted by the designee:
375          (A) fit within the responsibilities of the Department of Health for health and welfare;
376          (B) are reviewed and approved by an Institutional Review Board that is approved for
377     human subject research by the United States Department of Health and Human Services; and
378          (C) are not conducted for profit or commercial gain; and
379          (D) are conducted in a research facility, as defined by division rule, that is associated
380     with a university or college accredited by one or more regional or national accrediting agencies
381     recognized by the United States Department of Education;
382          (iii) the designee protects the information as a business associate of the Department of
383     Health; and
384          (iv) the identity of the prescribers, patients, and pharmacies in the database are
385     de-identified, confidential, not disclosed in any manner to the designee or to any individual
386     who is not directly involved in the scientific studies;
387          (g) in accordance with the written agreement entered into with the department and the
388     Department of Health, authorized employees of a managed care organization, as defined in 42
389     C.F.R. Sec. 438, if:
390          (i) the managed care organization contracts with the Department of Health under the
391     provisions of Section 26-18-405 and the contract includes provisions that:
392          (A) require a managed care organization employee who will have access to information
393     from the database to submit to a criminal background check; and
394          (B) limit the authorized employee of the managed care organization to requesting either
395     the division or the Department of Health to conduct a search of the database regarding a
396     specific Medicaid enrollee and to report the results of the search to the authorized employee;
397     and

398          (ii) the information is requested by an authorized employee of the managed care
399     organization in relation to a person who is enrolled in the Medicaid program with the managed
400     care organization, and the managed care organization suspects the person may be improperly
401     obtaining or providing a controlled substance;
402          (h) a licensed practitioner having authority to prescribe controlled substances, to the
403     extent the information:
404          (i) (A) relates specifically to a current or prospective patient of the practitioner; and
405          (B) is provided to or sought by the practitioner for the purpose of:
406          (I) prescribing or considering prescribing any controlled substance to the current or
407     prospective patient;
408          (II) diagnosing the current or prospective patient;
409          (III) providing medical treatment or medical advice to the current or prospective
410     patient; or
411          (IV) determining whether the current or prospective patient:
412          (Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;
413     or
414          (Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
415     substance from the practitioner;
416          (ii) (A) relates specifically to a former patient of the practitioner; and
417          (B) is provided to or sought by the practitioner for the purpose of determining whether
418     the former patient has fraudulently obtained, or has attempted to fraudulently obtain, a
419     controlled substance from the practitioner;
420          (iii) relates specifically to an individual who has access to the practitioner's Drug
421     Enforcement Administration identification number, and the practitioner suspects that the
422     individual may have used the practitioner's Drug Enforcement Administration identification
423     number to fraudulently acquire or prescribe a controlled substance;
424          (iv) relates to the practitioner's own prescribing practices, except when specifically
425     prohibited by the division by administrative rule;
426          (v) relates to the use of the controlled substance database by an employee of the
427     practitioner, described in Subsection (2)(i); or
428          (vi) relates to any use of the practitioner's Drug Enforcement Administration

429     identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a
430     controlled substance;
431          (i) in accordance with Subsection (3)(a), an employee of a practitioner described in
432     Subsection (2)(h), for a purpose described in Subsection (2)(h)(i) or (ii), if:
433          (i) the employee is designated by the practitioner as an individual authorized to access
434     the information on behalf of the practitioner;
435          (ii) the practitioner provides written notice to the division of the identity of the
436     employee; and
437          (iii) the division:
438          (A) grants the employee access to the database; and
439          (B) provides the employee with a password that is unique to that employee to access
440     the database in order to permit the division to comply with the requirements of Subsection
441     58-37f-203(5) with respect to the employee;
442          (j) an employee of the same business that employs a licensed practitioner under
443     Subsection (2)(h) if:
444          (i) the employee is designated by the practitioner as an individual authorized to access
445     the information on behalf of the practitioner;
446          (ii) the practitioner and the employing business provide written notice to the division of
447     the identity of the designated employee; and
448          (iii) the division:
449          (A) grants the employee access to the database; and
450          (B) provides the employee with a password that is unique to that employee to access
451     the database in order to permit the division to comply with the requirements of Subsection
452     58-37f-203(5) with respect to the employee;
453          (k) a licensed pharmacist having authority to dispense a controlled substance to the
454     extent the information is provided or sought for the purpose of:
455          (i) dispensing or considering dispensing any controlled substance; or
456          (ii) determining whether a person:
457          (A) is attempting to fraudulently obtain a controlled substance from the pharmacist; or
458          (B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
459     substance from the pharmacist;

460          (l) in accordance with Subsection (3)(a), a licensed pharmacy technician and pharmacy
461     intern who is an employee of a pharmacy as defined in Section 58-17b-102, for the purposes
462     described in Subsection (2)(j)(i) or (ii), if:
463          (i) the employee is designated by the pharmacist-in-charge as an individual authorized
464     to access the information on behalf of a licensed pharmacist employed by the pharmacy;
465          (ii) the pharmacist-in-charge provides written notice to the division of the identity of
466     the employee; and
467          (iii) the division:
468          (A) grants the employee access to the database; and
469          (B) provides the employee with a password that is unique to that employee to access
470     the database in order to permit the division to comply with the requirements of Subsection
471     58-37f-203(5) with respect to the employee;
472          (m) pursuant to a valid search warrant, federal, state, and local law enforcement
473     officers and state and local prosecutors who are engaged in an investigation related to:
474          (i) one or more controlled substances; and
475          (ii) a specific person who is a subject of the investigation;
476          (n) subject to Subsection (7), a probation or parole officer, employed by the
477     Department of Corrections or by a political subdivision, to gain access to database information
478     necessary for the officer's supervision of a specific probationer or parolee who is under the
479     officer's direct supervision;
480          (o) employees of the Office of Internal Audit and Program Integrity within the
481     Department of Health who are engaged in their specified duty of ensuring Medicaid program
482     integrity under Section 26-18-2.3;
483          (p) a mental health therapist, if:
484          (i) the information relates to a patient who is:
485          (A) enrolled in a licensed substance abuse treatment program; and
486          (B) receiving treatment from, or under the direction of, the mental health therapist as
487     part of the patient's participation in the licensed substance abuse treatment program described
488     in Subsection (2)(p)(i)(A);
489          (ii) the information is sought for the purpose of determining whether the patient is
490     using a controlled substance while the patient is enrolled in the licensed substance abuse

491     treatment program described in Subsection (2)(p)(i)(A); and
492          (iii) the licensed substance abuse treatment program described in Subsection
493     (2)(p)(i)(A) is associated with a practitioner who:
494          (A) is a physician, a physician assistant, an advance practice registered nurse, or a
495     pharmacist; and
496          (B) is available to consult with the mental health therapist regarding the information
497     obtained by the mental health therapist, under this Subsection (2)(p), from the database;
498          (q) an individual who is the recipient of a controlled substance prescription entered into
499     the database, upon providing evidence satisfactory to the division that the individual requesting
500     the information is in fact the individual about whom the data entry was made;
501          (r) an individual under Subsection (2)(q) for the purpose of obtaining a list of the
502     persons and entities that have requested or received any information from the database
503     regarding the individual, except if the individual's record is subject to a pending or current
504     investigation as authorized under this Subsection (2);
505          (s) the inspector general, or a designee of the inspector general, of the Office of
506     Inspector General of Medicaid Services, for the purpose of fulfilling the duties described in
507     Title 63A, Chapter 13, Part 2, Office and Powers; and
508          (t) the following licensed physicians for the purpose of reviewing and offering an
509     opinion on an individual's request for workers' compensation benefits under Title 34A, Chapter
510     2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act:
511          (i) a member of the medical panel described in Section 34A-2-601;
512          (ii) a physician employed as medical director for a licensed workers' compensation
513     insurer or an approved self-insured employer; or
514          (iii) a physician offering a second opinion regarding treatment.
515          (3) (a) (i) A practitioner described in Subsection (2)(h) may designate [up to three] one
516     or more employees to access information from the database under Subsection (2)(i), (2)(j), or
517     (4)(c).
518          (ii) A pharmacist described in Subsection (2)(k) who is a pharmacist-in-charge may
519     designate up to five employees to access information from the database under Subsection (2)(l).
520          (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
521     Administrative Rulemaking Act, to:

522          (i) establish background check procedures to determine whether an employee
523     designated under Subsection (2)(i), (2)(j), or (4)(c) should be granted access to the database;
524     and
525          (ii) establish the information to be provided by an emergency [room] department
526     employee under Subsection (4); and
527          (iii) facilitate providing controlled substance prescription information to a third party
528     under Subsection (5).
529          (c) The division shall grant an employee designated under Subsection (2)(i), (2)(j), or
530     (4)(c) access to the database, unless the division determines, based on a background check, that
531     the employee poses a security risk to the information contained in the database.
532          (4) (a) An individual who is employed in the emergency [room] department of a
533     hospital may exercise access to the database under this Subsection (4) on behalf of a licensed
534     practitioner if the individual is designated under Subsection (4)(c) and the licensed practitioner:
535          (i) is employed in the emergency [room] department;
536          (ii) is treating an emergency [room] department patient for an emergency medical
537     condition; and
538          (iii) requests that an individual employed in the emergency [room] department and
539     designated under Subsection (4)(c) obtain information regarding the patient from the database
540     as needed in the course of treatment.
541          (b) The emergency [room] department employee obtaining information from the
542     database shall, when gaining access to the database, provide to the database the name and any
543     additional identifiers regarding the requesting practitioner as required by division
544     administrative rule established under Subsection (3)(b).
545          (c) An individual employed in the emergency [room] department under this Subsection
546     (4) may obtain information from the database as provided in Subsection (4)(a) if:
547          (i) the employee is designated by the practitioner as an individual authorized to access
548     the information on behalf of the practitioner;
549          (ii) the practitioner and the hospital operating the emergency [room] department
550     provide written notice to the division of the identity of the designated employee; and
551          (iii) the division:
552          (A) grants the employee access to the database; and

553          (B) provides the employee with a password that is unique to that employee to access
554     the database in order to permit the division to comply with the requirements of Subsection
555     58-37f-203(5) with respect to the employee.
556          (d) The division may impose a fee, in accordance with Section 63J-1-504, on a
557     practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to pay for the
558     costs incurred by the division to conduct the background check and make the determination
559     described in Subsection (3)(b).
560          (5) (a) (i) An individual may request that the division provide the information under
561     Subsection (5)(b) to a third party who is designated by the individual each time a controlled
562     substance prescription for the individual is dispensed.
563          (ii) The division shall upon receipt of the request under this Subsection (5)(a) advise
564     the individual in writing that the individual may direct the division to discontinue providing the
565     information to a third party and that notice of the individual's direction to discontinue will be
566     provided to the third party.
567          (b) The information the division shall provide under Subsection (5)(a) is:
568          (i) the fact a controlled substance has been dispensed to the individual, but without
569     identifying the controlled substance; and
570          (ii) the date the controlled substance was dispensed.
571          (c) (i) An individual who has made a request under Subsection (5)(a) may direct that
572     the division discontinue providing information to the third party.
573          (ii) The division shall:
574          (A) notify the third party that the individual has directed the division to no longer
575     provide information to the third party; and
576          (B) discontinue providing information to the third party.
577          (6) (a) An individual who is granted access to the database based on the fact that the
578     individual is a licensed practitioner or a mental health therapist shall be denied access to the
579     database when the individual is no longer licensed.
580          (b) An individual who is granted access to the database based on the fact that the
581     individual is a designated employee of a licensed practitioner shall be denied access to the
582     database when the practitioner is no longer licensed.
583          (7) A probation or parole officer is not required to obtain a search warrant to access the

584     database in accordance with Subsection (2)(n).
585          (8) The division shall review and adjust the database programing which automatically
586     logs off an individual who is granted access to the database under Subsections (2)(h), (2)(i),
587     (2)(j), and (4)(c) to maximize the following objectives:
588          (a) to protect patient privacy;
589          (b) to reduce inappropriate access; and
590          (c) to make the database more useful and helpful to a person accessing the database
591     under Subsections (2)(h), (2)(i), (2)(j), and (4)(c), especially in high usage locations such as an
592     emergency department.
593          Section 3. Section 58-37f-304 is amended to read:
594          58-37f-304. Database utilization.
595          (1) As used in this section:
596          (a) "Dispenser" means a licensed pharmacist, as described in Section 58-17b-303, or
597     the pharmacist's licensed intern, as described in Section 58-17b-304, who is also licensed to
598     dispense a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.
599          [(b) "Opioid" means those substances listed in Subsection 58-37-4(2)(b)(i) or
600     (2)(b)(ii).]
601          [(c)] (b) "Outpatient" means a setting in which an individual visits a licensed
602     healthcare facility or a healthcare provider's office for a diagnosis or treatment but is not
603     admitted to a licensed healthcare facility for an overnight stay.
604          [(d)] (c) "Prescriber" means an individual authorized to prescribe a controlled
605     substance under Title 58, Chapter 37, Utah Controlled Substances Act.
606          [(2) To address the serious public health concern of life-altering and life-threatening
607     opioid abuse and overdose, and to achieve the purposes of this chapter and as described in
608     Section 58-37f-201, which includes identifying and reducing the prescribing and dispensing of
609     opioids in an unprofessional or unlawful manner or in quantities or frequencies inconsistent
610     with generally recognized standards of dosage for an opioid, through utilization of the carefully
611     developed and highly respected database:]
612          [(a) a prescriber or dispenser of an opioid for individual outpatient usage shall access
613     and review the database as necessary in the prescriber's or dispenser's professional judgment
614     and to achieve the purpose of this chapter as described in Section 58-37f-201; (b) a]

615          (d) "Schedule II opioid" means those substances listed in Subsection 58-37-4(2)(b)(i)
616     or (2)(b)(ii).
617          (e) "Schedule III opioid" means those substances listed in Subsection 58-37-4(2)(c)
618     that are opioids.
619          (2) (a) A prescriber shall substantially comply with this Subsection (2).
620          (b) Except as provided in Subsection (2)(b), a prescriber shall check the database for
621     information about a patient before the first time the prescriber gives a prescription to a patient
622     for a Schedule II opioid or a Schedule III opioid.
623          (c) A prescriber is not required to check the database under Subsection (2)(b) if:
624          (i) the prescription for a Schedule II opioid or a Schedule III opioid is for three days or
625     fewer on the daily dosage instructions on the prescription; Ĥ→ [
or] ←Ĥ
626          (ii) the prescriber has prior knowledge of the patient's prescription history based on the
627     prescriber's review of the patient's health record Ĥ→ ; or
627a      (iii) the prescription for a Schedule II opioid or a Schedule III opioid is a post surgical
627b     prescription and the total duration of opioid written after the surgery has been for thirty days
627c     or fewer ←Ĥ .
628          (d) If a prescriber is repeatedly prescribing a Schedule II opioid or Schedule III opioid
629     to a patient, the prescriber shall periodically review information about the patient in:
630          (i) the database, or
631          (ii) other similar records of controlled substances the patient has filled.
632          (e) A prescriber may assign the access and review required under [Subsection (2)(a) to
633     an employee, in accordance with Subsections 58-37f-301(2)(g) and (h)] Subsections (2)(b) and
634     (2)(c) to one or more employees in accordance with Subsections 58-37f-301(2)(i) and (j).
635          (f) The division shall not take action against the license of a prescriber for failure to
636     follow this Subsection (2) if the prescriber demonstrates substantial compliance with the
637     requirements of this Subsection (2).
638          (3) The division shall, in collaboration with the licensing boards for prescribers and
639     dispensers:
640          (a) develop a system that gathers and reports to prescribers and dispensers the progress
641     and results of the prescriber's and dispenser's individual access and review of the database, as
642     provided in this section; and
643          (b) reduce or waive the division's continuing education requirements regarding opioid
644     prescriptions, described in Section 58-37-6.5, including the online tutorial and test relating to
645     the database, for prescribers and dispensers whose individual utilization of the database

646     [contribute to the life-saving and public safety purposes of this section and as described in
647     Subsection (2).], as determined by the division, demonstrates substantial compliance with this
648     section.
649          (4) If the dispenser's access and review of the database suggest that the individual
650     seeking an opioid may be obtaining opioids in quantities or frequencies inconsistent with
651     generally recognized standards as provided in this section and Section 58-37f-201, the
652     dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's informed,
653     current, and professional decision regarding whether the prescribed opioid is medically
654     justified, notwithstanding the results of the database search.
654a      Ĥ→ Section 4. Section 63I-1-258 is amended to read:
654b     
     63I-1-258. Repeal dates, Title 58.
654c          (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed
654d     July 1, 2026.
654e          (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
654f          (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2018 .
654g          (4) Section 58-37-4.3 is repealed July 1, 2021.

654h          (5) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office Of Legislative
654i     Research and General Counsel is authorized to renumber the remaining subsections
654j     accordingly.
654k     
     [(5)] (6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
654l          [
(6)] (7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
654m     repealed July 1, 2019.
654n          [
(7)] (8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
654o          [
(8)] (9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
654p     1, 2023.
654q          [
(9)] (10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
654r          [
(10)] (11) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
654s     2026.
654t          [
(11)] (12) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.
654u          [
(12)] (13) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
654v     repealed July 1, 2021.
←Ĥ