S.B. 7 Enrolled

PHARMACY ACT - OPEN DRUG FORMULARY
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: John P. Holmgren
AN ACT RELATING TO HEALTH; PROVIDING THAT A HEALTH CARE PRACTITIONER
MAY NOT BE LIMITED IN PRESCRIBING MEDICATION BY A RESTRICTIVE
DRUG FORMULARY.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
58-17a-605.1, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-17a-605.1 is enacted to read:
58-17a-605.1. Restrictive drug formulary prohibited.
(1) As used in this section, "restrictive drug formulary" means a list of legend drugs, other
than drugs for cosmetic purposes, that are prohibited by the Utah Department of Health from
dispensation, but are approved by the federal Food and Drug Administration.
(2) A practitioner may prescribe legend drugs in accordance with this chapter that, in his
professional judgment and within the lawful scope of his practice, he considers appropriate for the
diagnosis and treatment of his patient.
(3) The Utah Department of Health may not maintain a restrictive drug formulary that
restricts a physician's ability to treat a patient with a drug that has been approved and designated
as safe and effective by the federal Food and Drug Administration, except for drugs for cosmetic
purposes.
(4) The Utah Department of Health may reimburse for multisource prescription drugs in
the generic form, in accordance with state and federal law, unless an exception has been made by
the prescribing practitioner.
(5) This section does not affect the state's ability to exercise the exclusion options
available under the federal Omnibus Budget Reconciliation Act of 1990.