S.B. 7

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PHARMACY ACT - OPEN DRUG FORMULARY
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John P. Holmgren
5 AN ACT RELATING TO HEALTH; PROVIDING THAT A HEALTH CARE PRACTITIONER
6 MAY NOT BE LIMITED IN PRESCRIBING MEDICATION BY A RESTRICTIVE DRUG
7 FORMULARY.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 58-17a-605.1, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 58-17a-605.1 is enacted to read:
13 58-17a-605.1. Restrictive drug formulary prohibited.
14 (1) As used in this section, "restrictive drug formulary" means a list of S [prescription]
14a LEGEND s drugs,
15 other than drugs for cosmetic purposes, that are prohibited S BY THE UTAH DEPARTMENT OF
15a HEALTH s from dispensation, but are approved by
16 the federal Food and Drug Administration.
17 (2) A practitioner may prescribe S [prescription] LEGEND s drugs in accordance with this
17a chapter that,
18 in his professional judgment and within the lawful scope of his practice, he considers appropriate
19 for the diagnosis and treatment of his patient.
20 (3) S [A state department, division, or agency] THE UTAH DEPARTMENT OF HEALTH s
20a may not maintain a restrictive drug formulary
21 that restricts a physician's ability to treat a patient with a drug that has been approved and
22 designated as safe and effective by the federal Food and Drug Administration, except for drugs for
23 cosmetic purposes.
24 (4) S [A state department, division, or agency] THE UTAH DEPARTMENT OF HEALTH s
24a may reimburse for multisource prescription
25 drugs in the generic form, in accordance with state and federal law, unless an exception has been
26 made by the prescribing practitioner.
26a S (5) THIS SECTION DOES NOT AFFECT THE STATE'S ABILITY TO EXERCISE THE EXCLUSION
26b OPTIONS AVAILABLE UNDER THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT OF 1990. S Text Box

Amend on 2_goldenrod January 24, 1997

Legislative Review Note
as of 11-25-96 8:00 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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