26-18-105.   Drug prior approval program.
     Any drug prior approval program approved or implemented by the board shall meet the following conditions:
     (1) no drug may be placed on prior approval for other than medical reasons;
     (2) the board shall hold a public hearing at least 90 days prior to placing a drug on prior approval;
     (3) notwithstanding the provisions of Section 52-4-202, the board shall provide not less than 30 days notice to the public before holding a public hearing under Subsection (2);
     (4) the board shall consider written and oral comments submitted by interested parties prior to or during the hearing held in accordance with Subsection (2);
     (5) the board shall provide evidence that placing a drug class on prior approval will not impede quality of recipient care and that the drug class is subject to clinical abuse or misuse;
     (6) no later than nine months after any drug class is placed on prior approval, it shall be reconsidered in a public hearing with notice as provided in Subsection (3);
     (7) the program shall provide either telephone or fax approval or denial at least Monday through Friday, within 24 hours after receipt of the prior approval request;
     (8) the program shall provide for the dispensing of at least a 72-hour supply of the drug in an emergency situation or on weekends;
     (9) the program may not be applied to prevent acceptable medical use for appropriate off-label indications; and
     (10) any drug class placed on prior approval shall receive a majority vote by the board for that placement, after meeting the requirements described in Subsections (1) through (10).

Amended by Chapter 14, 2006 General Session
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Last revised: Thursday, May 28, 2009