This document includes House Committee Amendments incorporated into the bill on Wed, Feb 13, 2019 at 10:28 AM by ngarrow.
This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 28, 2019 at 9:08 AM by estauffer.
1 2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill relates to the duty to report drug diversion.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms; and
13 ▸ makes it a class B misdemeanor to knowingly fail to report known or suspected
14 drug diversion to law enforcement, unless reporting would violate HIPAA.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 76-10-2203, Utah Code Annotated 1953
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-10-2203 is enacted to read:
25 76-10-2203. Duty to report drug diversion.
26 (1) As used in this section:
27 (a) "Diversion" means a practitioner's transfer of a significant amount of drugs to
28 another for an unlawful purpose.
29 (b) "Drug" means a Schedule II or Schedule III controlled substance, as defined in
30 Section 58-37-4, that is an opiate.
31 (c) "HIPAA" means the same as that term is defined in Section 26-18-17.
32 (d) "Opiate" means the same as that term is defined in Section 58-37-2.
33 (e) "Practitioner" means an individual:
34 (i) licensed, registered, or otherwise authorized by the appropriate jurisdiction to
35 administer, dispense, distribute, or prescribe a drug in the course of professional practice; or
36 (ii) employed by Ĥ→ [
36a otherwise authorized by
37 the appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in the course
38 of professional practice Ĥ→ or standard operations ←Ĥ .
39 (f) "Significant amount" means an aggregate amount equal to, or more than, Ŝ→ [
39a 500 ←Ŝ
40 morphine milligram equivalents calculated in accordance with guidelines developed by the
41 Centers for Disease Control and Prevention (CDC).
42 (2) An individual is guilty of a class B misdemeanor if the individual:
43 (a) knows Ĥ→ [
43a and
44 (b) knowingly fails to report the diversion to a peace officer or law enforcement
45 agency.
46 (3) Subsection (2) does not apply to the extent that an individual is prohibited from
47 reporting by Ĥ→ 42 C.F.R. Part 2 or ←Ĥ HIPAA.