1     
CONTROLLED SUBSTANCES MODIFICATIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jennifer Dailey-Provost

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Controlled Substances Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions of the Utah Controlled Substances Act relating to prescriptions;
13     and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          58-37-6, as last amended by Laws of Utah 2018, Chapter 318
22          58-37f-502, as last amended by Laws of Utah 2010, Chapter 391 and renumbered and
23     amended by Laws of Utah 2010, Chapter 287
24          58-37f-702, as last amended by Laws of Utah 2016, Chapters 99 and 104
25          58-37f-703, as last amended by Laws of Utah 2016, Chapter 99
26          63I-1-258, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 58-37-6 is amended to read:
30          58-37-6. License to manufacture, produce, distribute, dispense, administer, or
31     conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
32     required -- Prescriptions.
33          (1) As used in this section, "child" means the same as that term is defined in Section
34     78A-6-105.
35          [(1)] (2) (a) The division may adopt rules relating to the licensing and control of the
36     manufacture, distribution, production, prescription, administration, dispensing, conducting of
37     research with, and performing of laboratory analysis upon controlled substances within this
38     state.
39          (b) The division may assess reasonable fees to defray the cost of issuing original and
40     renewal licenses under this chapter pursuant to Section 63J-1-504.
41          [(2)] (3) (a) (i) Every person who manufactures, produces, distributes, prescribes,
42     dispenses, administers, conducts research with, or performs laboratory analysis upon [any] a
43     controlled substance in Schedules I through V within this state, or who proposes to engage in
44     manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
45     research with, or performing laboratory analysis upon a controlled [substances included]
46     substance in Schedules I through V within this state shall obtain a license issued by the
47     division.
48          (ii) The division shall issue each license under this chapter in accordance with a
49     two-year renewal cycle established by rule. The division may by rule extend or shorten a
50     renewal period by as much as one year to stagger the renewal cycles [it] the division
51     administers.
52          (b) [Persons] A person licensed to manufacture, produce, distribute, prescribe,
53     dispense, administer, conduct research with, or perform laboratory analysis upon a controlled
54     [substances] substance in Schedules I through V within this state may possess, manufacture,
55     produce, distribute, prescribe, dispense, administer, conduct research with, or perform
56     laboratory analysis upon [those substances] the controlled substance to the extent authorized by
57     [their] the person's license and in conformity with this chapter.
58          (c) [The following persons are] A person described in this Subsection (3)(c) is not
59     required to obtain a license and may lawfully possess a controlled [substances included]
60     substance in Schedules II through V under this section:
61          (i) an agent or employee, except a sales representative, of [any] a registered
62     manufacturer, distributor, or dispenser of [any] a controlled substance, if the agent or employee
63     is acting in the usual course of the person's business or employment; [however, nothing in this
64     subsection shall be interpreted to permit an agent, employee, sales representative, or detail man
65     to maintain an inventory of controlled substances separate from the location of the person's
66     employer's registered and licensed place of business;]
67          (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
68     warehouseman, who possesses [any] a controlled substance in the usual course of the person's
69     business or employment; [and] or
70          (iii) an ultimate user, or [any] a person who possesses [any] a controlled substance
71     pursuant to a lawful order of a practitioner.
72          (d) Subsection (3)(c)(i) does not permit an agent, employee, sales representative, or
73     detail man to maintain an inventory of a controlled substance separate from the location of the
74     person's employer's registered and licensed place of business.
75          [(d)] (e) The division may enact rules waiving the license requirement for certain
76     manufacturers, producers, distributors, prescribers, dispensers, administrators, research
77     practitioners, or laboratories performing analysis if consistent with the public health and safety.
78          [(e)] (f) A separate license is required at each principal place of business or
79     professional practice where the applicant manufactures, produces, distributes, dispenses,
80     conducts research with, or performs laboratory analysis upon a controlled [substances]
81     substance.
82          [(f)] (g) The division may enact rules providing for the inspection of a [licensee]
83     licensee's or applicant's establishment, and may inspect the establishment according to [those]
84     the division's rules.
85          [(3)] (4) (a) (i) Upon proper application, the division shall license a qualified applicant
86     to manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
87     a controlled [substances included] substance in Schedules I through V, unless [it] the division
88     determines that issuance of a license is inconsistent with the public interest.
89          (ii) The division may not issue a license to [any] a person to prescribe, dispense, or
90     administer a Schedule I controlled substance except under Subsection [(3)] (4)(a)(i).
91          (iii) In determining public interest under this Subsection [(3)] (4)(a), the division shall
92     consider whether [or not] the applicant has:
93          (A) maintained effective controls against diversion of controlled substances and any
94     Schedule I or II substance compounded from [any] a controlled substance into other than
95     legitimate medical, scientific, or industrial channels;
96          (B) complied with applicable state and local law;
97          (C) been convicted under a federal or state [laws] law relating to the manufacture,
98     distribution, or dispensing of [substances] a substance;
99          (D) past experience in the manufacture of controlled dangerous substances;
100          (E) established effective controls against diversion; and
101          (F) complied with [any] other factors that the division [establishes that] has established
102     to promote the public health and safety.
103          (b) [Licenses] A license granted under Subsection [(3)] (4)(a) [do] does not entitle a
104     licensee to manufacture, produce, distribute, conduct research with, or perform laboratory
105     analysis upon a controlled [substances] substance in Schedule I other than [those] the
106     controlled substances specified in the license.
107          (c) (i) [Practitioners] A practitioner shall be licensed to administer, dispense, or
108     conduct research with substances in Schedules II through V if [they are] the practitioner is
109     authorized to administer, dispense, or conduct research under the laws of this state.
110          (ii) The division need not require a separate license for [practitioners] a practitioner
111     engaging in research with nonnarcotic controlled substances in Schedules II through V [where]
112     if the licensee is already licensed under this chapter in another capacity.
113          (iii) With respect to research involving narcotic substances in Schedules II through V,
114     or [where] when the division by rule requires a separate license for research of nonnarcotic
115     substances in Schedules II through V, a practitioner shall apply to the division prior to
116     conducting research.
117          (iv) Licensing for purposes of bona fide research with controlled substances by a
118     practitioner considered qualified may be denied only on a ground specified in Subsection [(4)]
119     (5), or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
120     adequately the practitioner's supply of substances against diversion from medical or scientific
121     use.
122          (v) [Practitioners] A practitioner registered under federal law to conduct research in
123     Schedule I substances may conduct research in Schedule I substances within this state upon
124     furnishing the division evidence of federal registration.
125          (d) Compliance by [manufacturers, producers, and distributors with the provisions of] a
126     manufacturer, producer, or distributor with federal law respecting registration, excluding fees,
127     entitles [them] the manufacturer, producer, or distributor to be licensed under this chapter.
128          (e) The division shall initially license [those persons who own or operate] a person
129     who owns or operates an establishment engaged in the manufacture, production, distribution,
130     dispensation, or administration of controlled substances prior to April 3, 1980, and who are
131     licensed by the state.
132          [(4)] (5) (a) [Any license pursuant to Subsection (2) or (3)] A license described in
133     Subsection (3) or (4) may be denied, suspended, placed on probation, or revoked by the
134     division upon finding that the applicant or licensee has:
135          (i) materially falsified [any] an application filed or required pursuant to this chapter;
136          (ii) been convicted of an offense under this chapter or [any] a law of the United States,
137     or any state, relating to [any] a substance defined as a controlled substance;
138          (iii) been convicted of a felony under any other law of the United States or any state
139     within five years of the date of the issuance of the license;
140          (iv) had a federal registration or license denied, suspended, or revoked by competent
141     federal authority and is no longer authorized to manufacture, distribute, prescribe, or dispense
142     controlled substances;
143          (v) had the licensee's license suspended or revoked by competent authority of another
144     state for violation of laws or regulations comparable to those of this state relating to the
145     manufacture, distribution, or dispensing of controlled substances;
146          (vi) violated [any] a division rule that reflects adversely on the licensee's reliability and
147     integrity with respect to controlled substances;
148          (vii) refused inspection of records required to be maintained under this chapter by a
149     person authorized to inspect [them] the records; or
150          (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
151     purpose of manipulating human hormonal structure so as to:
152          (A) increase muscle mass, strength, or weight without medical necessity and without a
153     written prescription by [any] a practitioner in the course of the practitioner's professional
154     practice; or
155          (B) improve performance in any form of human exercise, sport, or game.
156          (b) The division may limit revocation or suspension of a license to a particular
157     controlled substance with respect to which grounds for revocation or suspension exist.
158          (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
159     this section and in accordance with [the procedures set forth in] Title 58, Chapter 1, Division of
160     Occupational and Professional Licensing Act, and conducted in conjunction with the
161     appropriate representative committee designated by the director of the department.
162          (ii) Nothing in this Subsection [(4)] (5)(c) gives the [Division of Occupational and
163     Professional Licensing] division exclusive authority in proceedings to deny, revoke, or suspend
164     [licenses] a license, except [where] when the division is designated by law to perform those
165     functions, or, when not designated by law, is designated by the executive director of the
166     [Department of Commerce] department to conduct the proceedings.
167          (d) (i) The division may suspend [any] a license simultaneously with the institution of
168     proceedings under this section if [it] the division finds there is an imminent danger to the
169     public health or safety.
170          (ii) Suspension shall continue in effect until the conclusion of proceedings, including
171     judicial review, unless withdrawn by the division or dissolved by a court of competent
172     jurisdiction.
173          (e) (i) If a license is suspended or revoked under this Subsection [(4)] (5), all controlled
174     substances owned or possessed by the licensee may be placed under seal in the discretion of the
175     division.
176          (ii) Disposition may not be made of substances under seal until the time for taking an
177     appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
178     orders the sale of perishable substances and the proceeds deposited with the court.
179          (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
180          (f) The division shall notify promptly the Drug Enforcement Administration of all
181     orders suspending or revoking a license and all forfeitures of controlled substances.
182          (g) If an individual's Drug Enforcement Administration registration is denied, revoked,
183     surrendered, or suspended, the division shall immediately suspend the individual's controlled
184     substance license, which shall only be reinstated by the division upon reinstatement of the
185     federal registration, unless the division has taken further administrative action under
186     Subsection [(4)] (5)(a)(iv), which would be grounds for the continued denial of the controlled
187     substance license.
188          [(5)] (6) (a) [Persons] A person licensed under Subsection [(2) or] (3) or (4) shall
189     maintain records and inventories in conformance with the record keeping and inventory
190     requirements of federal and state law and any additional rules issued by the division.
191          (b) (i) Every physician, dentist, naturopathic physician, veterinarian, practitioner, or
192     other person who is authorized to administer or professionally use a controlled substance shall
193     keep a record of the drugs received by him and a record of all drugs administered, dispensed, or
194     professionally used by him otherwise than by a prescription.
195          (ii) A person using small quantities or solutions or other preparations of those drugs for
196     local application has complied with this Subsection [(5)] (6)(b) if the person keeps a record of
197     the quantity, character, and potency of those solutions or preparations purchased or prepared by
198     [him] the person, and of the dates when purchased or prepared.
199          [(6)] (7) [Controlled substances] A controlled substance in Schedules I through V may
200     be distributed only by a licensee and [pursuant to] in accordance with an order form prepared in
201     compliance with division rules or a lawful order under the rules and regulations of the United
202     States.
203          [(7)] (8) (a) A person may not write or authorize a prescription for a controlled
204     substance unless the person is:
205          (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
206     or under the laws of another state having similar standards; and
207          (ii) licensed under this chapter or under the laws of another state having similar
208     standards.
209          (b) A person other than a pharmacist licensed under the laws of this state, or the
210     pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304, may not
211     dispense a controlled substance.
212          (c) (i) A controlled substance may not be dispensed without the written prescription of
213     a practitioner, if the written prescription is required by the federal Controlled Substances Act.
214          (ii) [That] A written prescription under Subsection (8)(c)(i) shall be made in
215     accordance with Subsection [(7)] (8)(a) and in conformity with Subsection [(7)] (8)(d).
216          (iii) In emergency situations, as defined by division rule, controlled substances may be
217     dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
218     designated by the division and filed by the pharmacy.
219          (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
220     Subsection [(7)] (8)(d).
221          (d) Except for emergency situations designated by the division, a person may not issue,
222     fill, compound, or dispense a prescription for a controlled substance unless the prescription is
223     signed by the prescriber in ink or indelible pencil or is signed with an electronic signature of
224     the prescriber as authorized by division rule, and contains the following information:
225          (i) the name, address, and registry number of the prescriber;
226          (ii) the name, address, and age of the person to whom or for whom the prescription is
227     issued;
228          (iii) the date of issuance of the prescription; and
229          (iv) the name, quantity, and specific directions for use by the ultimate user of the
230     controlled substance.
231          (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
232     controlled substance unless:
233          (i) the person who writes the prescription is licensed under Subsection [(2)] (3); and
234          (ii) the prescribed controlled substance is to be used in research.
235          (f) Except when administered directly to an ultimate user by a licensed practitioner,
236     controlled substances are subject to the restrictions of this Subsection [(7)] (8)(f).
237          (i) A prescription for a Schedule II substance may not be refilled.
238          (ii) A Schedule II controlled substance may not be filled in a quantity to exceed a
239     one-month's supply, as directed on the daily dosage rate of the [prescriptions] prescription.
240          (iii) (A) Except as provided in Subsection [(7)] (8)(f)(iii)(B), a prescription for a
241     Schedule II or Schedule III controlled substance that is an opiate and that is issued for an acute
242     condition shall be completely or partially filled in a quantity not to exceed a seven-day supply
243     as directed on the daily dosage rate of the prescription.
244          (B) Subsection [(7)] (8)(f)(iii)(A) does not apply to a prescription issued for a surgery
245     when the practitioner [determined] determines that a quantity exceeding seven days is needed,
246     in which case the practitioner may prescribe up to a [30-day] 14-day supply[, with a partial fill
247     at the discretion of the practitioner].
248          (C) Subsection [(7)] (8)(f)(iii)(A) does not apply to [prescriptions] a prescription issued
249     for a complex or chronic [conditions which are] condition that is documented as being complex
250     or chronic in the medical record.
251          (D) A pharmacist is not required to verify that a prescription is in compliance with
252     Subsection [(7)] (8)(f)(iii).
253          (iv) A prescription for a Schedule III or IV controlled substance may not be:
254          (A) filled [only within] later than six months after the day of issuance[, and may not
255     be];
256          (B) refilled [more than] later than six months after the date of [its] the prescription's
257     original issuance; or [be]
258          (C) refilled more than five times after the date of the prescription unless renewed by
259     the practitioner.
260          (v) [All other] A prescription for a controlled [substances] substance in Schedule V
261     may be refilled as the prescriber's prescription directs, but [they] the prescription may not be
262     refilled later than one year after the date the prescription was issued unless renewed by the
263     practitioner.
264          (vi) [Any] A prescription for a Schedule II substance may not be dispensed if [it] the
265     prescription is not presented to a pharmacist for dispensing by a pharmacist or a pharmacy
266     intern within 30 days after the date the prescription was issued, or 30 days after the dispensing
267     date, if that date is specified separately from the date of issue.
268          (vii) A practitioner may issue more than one prescription at the same time for the same
269     Schedule II controlled substance, but only under the following conditions:
270          (A) no more than three prescriptions for the same Schedule II controlled substance may
271     be issued at the same time;
272          (B) no one prescription may exceed a 30-day supply; and
273          (C) a second or third prescription shall include the date of issuance and the date for
274     dispensing.
275          (g) An order for a controlled substance in Schedules II through V for use by an
276     inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
277     Subsection [(7)] (8) if the order is:
278          (i) issued or made by a:
279          (A) prescribing practitioner who holds an unrestricted registration with the federal
280     Drug Enforcement Administration[,] and an active Utah controlled substance license in good
281     standing issued by the division under this section[,]; or [a]
282          (B) medical resident who is exempted from licensure under Subsection 58-1-307(1)(c);
283          (ii) authorized by the prescribing practitioner treating the patient and the prescribing
284     practitioner designates the quantity ordered;
285          (iii) entered upon the record of the patient, the record is signed by the prescriber
286     affirming the prescriber's authorization of the order within 48 hours after filling or
287     administering the order, and the patient's record reflects the quantity actually administered; and
288          (iv) filled and dispensed by a pharmacist practicing the pharmacist's profession within
289     the physical structure of the hospital, or the order is taken from a supply lawfully maintained by
290     the hospital and the amount taken from the supply is administered directly to the patient
291     authorized to receive [it] the controlled substance.
292          (h) (i) As used in this Subsection (8)(h), "emergency" means any physical condition
293     requiring the administration of a controlled substance for immediate relief of pain or suffering.
294          (ii) A practitioner licensed under this chapter may not prescribe, administer, or
295     dispense a controlled substance to a child, without first obtaining the consent required in
296     Section 78B-3-406 of a parent, guardian, or person standing in loco parentis of the child except
297     in cases of an emergency. [For purposes of this Subsection (7)(h), "child" has the same
298     meaning as defined in Section 78A-6-105, and "emergency" means any physical condition
299     requiring the administration of a controlled substance for immediate relief of pain or suffering.]
300          (i) A practitioner licensed under this chapter may not prescribe or administer dosages
301     of a controlled substance in excess of medically recognized quantities necessary to treat the
302     ailment, malady, or condition of the ultimate user.
303          (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
304     [any] a controlled substance to another person knowing that the other person is using a false
305     name, address, or other personal information for the purpose of securing the controlled
306     substance.
307          (k) A person who is licensed under this chapter to manufacture, distribute, or dispense
308     a controlled substance may not manufacture, distribute, or dispense a controlled substance to
309     another licensee or any other [authorized] person not authorized by [this] the person's license.
310          (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
311     symbol required by this chapter or by a rule issued under this chapter.
312          (m) A person licensed under this chapter may not refuse or fail to make, keep, or
313     furnish any record notification, order form, statement, invoice, or information required under
314     this chapter.
315          (n) A person licensed under this chapter may not refuse entry into [any premises] a
316     premise for inspection as authorized by this chapter.
317          (o) A person licensed under this chapter may not furnish false or fraudulent material
318     information in [any] an application, report, or other document required to be kept by this
319     chapter or willfully make [any] a false statement in [any] a prescription, order, report, or record
320     required by this chapter.
321          [(8)] (9) (a) (i) [Any] A person licensed under this chapter who is found by the division
322     to have violated [any of the provisions] a provision of Subsections [(7)] (8)(k) through (o) or
323     Subsection [(10)] (11) is subject to a penalty not to exceed $5,000. The division shall
324     determine the procedure for adjudication of [any violations] a violation in accordance with
325     Sections 58-1-106 and 58-1-108.
326          (ii) The division shall deposit all penalties collected under Subsection [(8)] (9)(a)(i) in
327     the General Fund as a dedicated credit to be used by the division under Subsection
328     58-37f-502(1).
329          (iii) The director may collect a penalty that is not paid by:
330          (A) referring the matter to a collection agency; or
331          (B) bringing an action in the district court of the county where the person against
332     whom the penalty is imposed resides or in the county where the office of the director is located.
333          (iv) A county attorney or the attorney general of the state shall provide legal assistance
334     and advice to the director in an action to collect a penalty.
335          (v) A court shall award reasonable attorney fees and costs to the prevailing party in an
336     action brought by the division to collect a penalty.
337          (b) [Any] A person who knowingly and intentionally violates a provision of
338     Subsections [(7)] (8)(h) through (j) or Subsection [(10)] (11) is:
339          (i) upon first conviction, guilty of a class B misdemeanor;
340          (ii) upon second conviction, guilty of a class A misdemeanor; and
341          (iii) on third or subsequent conviction, guilty of a third degree felony.
342          (c) [Any] A person who knowingly and intentionally violates Subsections [(7)] (8)(k)
343     through (o) [shall upon conviction be] is guilty of a third degree felony.
344          [(9)] (10) Any information communicated to [any] a licensed practitioner in an attempt
345     to unlawfully procure, or to procure the administration of, a controlled substance is not
346     considered to be a privileged communication.
347          [(10)] (11) A person holding a valid license under this chapter who is engaged in
348     medical research may produce, possess, administer, prescribe, or dispense a controlled
349     substance for research purposes as licensed under Subsection [(2)] (3) but may not otherwise
350     prescribe or dispense a controlled substance listed in Section 58-37-4.2.
351          Section 2. Section 58-37f-502 is amended to read:
352          58-37f-502. Use of dedicated credits -- Controlled Substance Database --
353     Collection of penalties.
354          (1) The director may use the money deposited in the General Fund as a dedicated credit
355     under Subsections 58-37-6[(8)](9)(a), 58-37f-601(3)(d), and 58-37f-602(2) for the following
356     purposes:
357          (a) maintenance and replacement of the database equipment, including hardware and
358     software;
359          (b) training of staff; and
360          (c) pursuit of external grants and matching funds.
361          (2) The director of the division may collect any penalty imposed under Subsections
362     58-37-6[(8)](9)(a), 58-37f-601(3)(d), and 58-37f-602(2) and which is not paid by:
363          (a) referring the matter to the Office of State Debt Collection or a collection agency; or
364          (b) bringing an action in the district court of the county in which the person owing the
365     debt resides or in the county where the office of the director is located.
366          (3) The director may seek legal assistance from the attorney general or the county or
367     district attorney of the district in which the action is brought to collect the fine.
368          (4) The court shall award reasonable attorney fees and costs to the division for
369     successful collection actions under Subsection (2)(b).
370          Section 3. Section 58-37f-702 is amended to read:
371          58-37f-702. Reporting prescribed controlled substance poisoning or overdose to a
372     practitioner.
373          (1) The division shall take the actions described in Subsection (2) if the division
374     receives a report from:
375          (a) a medical examiner under Section 26-4-10.5 regarding a death caused by poisoning
376     or overdose involving a prescribed controlled substance; or
377          (b) a general acute hospital under Section 26-21-26 regarding admission to a general
378     acute hospital for poisoning or overdose involving a prescribed controlled substance.
379          (2) The division shall, within three business days after the day on which a report in
380     Subsection (1) is received:
381          (a) attempt to identify, through the database, each practitioner who may have
382     prescribed the controlled substance to the patient; and
383          (b) provide each practitioner identified under Subsection (2)(a) with:
384          (i) a copy of the report provided by the medical examiner under Section 26-4-10.5 or
385     the general acute hospital under Section 26-21-26; and
386          (ii) the information obtained from the database that led the division to determine that
387     the practitioner receiving the information may have prescribed the controlled substance to the
388     person named in the report.
389          (3) It is the intent of the Legislature that the information provided under Subsection
390     (2)(b) is provided for the purpose of assisting the practitioner in:
391          (a) discussing with the patient or others issues relating to the poisoning or overdose;
392          (b) advising the patient or others of measures that may be taken to avoid a future
393     poisoning or overdose; and
394          (c) making decisions regarding future prescriptions written for the patient or others.
395          (4) Beginning on July 1, 2010, the division shall, in accordance with Section
396     63J-1-504, increase the licensing fee described in Subsection 58-37-6[(1)](2)(b) to pay the
397     startup and ongoing costs of the division for complying with the requirements of this section.
398          Section 4. Section 58-37f-703 is amended to read:
399          58-37f-703. Entering certain convictions into the database and reporting them to
400     practitioners.
401          (1) When the division receives a report from a court under Subsection 41-6a-502(4) or
402     41-6a-502.5(5)(b) relating to a conviction for driving under the influence of, or while impaired
403     by, a prescribed controlled substance, the division shall:
404          (a) daily enter into the database the information supplied in the report, including the
405     date on which the person was convicted;
406          (b) attempt to identify, through the database, each practitioner who may have
407     prescribed the controlled substance to the convicted person; and
408          (c) provide each practitioner identified under Subsection (1)(b) with:
409          (i) a copy of the information provided by the court; and
410          (ii) the information obtained from the database that led the division to determine that
411     the practitioner receiving the information may have prescribed the controlled substance to the
412     convicted person.
413          (2) It is the intent of the Legislature that the information provided under Subsection
414     (1)(b) is provided for the purpose of assisting the practitioner in:
415          (a) discussing the manner in which the controlled substance may impact the convicted
416     person's driving;
417          (b) advising the convicted person on measures that may be taken to avoid adverse
418     impacts of the controlled substance on future driving; and
419          (c) making decisions regarding future prescriptions written for the convicted person.
420          (3) Beginning on July 1, 2010, the division shall, in accordance with Section
421     63J-1-504, increase the licensing fee described in Subsection 58-37-6[(1)](2)(b) to pay the
422     startup and ongoing costs of the division for complying with the requirements of this section.
423          Section 5. Section 63I-1-258 is amended to read:
424          63I-1-258. Repeal dates, Title 58.
425          (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
426     repealed July 1, 2026.
427          (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
428          (3) Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1, 2028.
429          (4) Section 58-37-4.3 is repealed January 1, 2020.
430          (5) Subsection 58-37-6[(7)](8)(f)(iii) is repealed July 1, 2022, and the Office of
431     Legislative Research and General Counsel is authorized to renumber the remaining subsections
432     accordingly.
433          (6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
434          (7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
435     repealed July 1, 2019.
436          (8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
437          (9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
438     1, 2023.
439          (10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
440          (11) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
441     2026.
442          (12) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027.
443          (13) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
444     repealed July 1, 2021.
445          (14) The following sections are repealed on July 1, 2019:
446          (a) Section 58-5a-502;
447          (b) Section 58-31b-502.5;
448          (c) Section 58-67-502.5;
449          (d) Section 58-68-502.5; and
450          (e) Section 58-69-502.5.