First Substitute H.B. 43

Representative Patrice M. Arent proposes to substitute the following bill:

1 CONTROLLED SUBSTANCE DATABASE AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Patrice M. Arent
5 AN ACT RELATING TO CRIMINAL LAW AND PUBLIC SAFETY; AMENDING THE
6 RECORDS REQUIREMENTS REGARDING THE CONTROLLED SUBSTANCE DATABASE.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 58-37-7.5, as last amended by Chapter 13, Laws of Utah 1998
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 58-37-7.5 is amended to read:
12 58-37-7.5. Controlled Substance Database -- Advisory committee -- Pharmacy
13 reporting requirements -- Access -- Penalties.
14 (1) As used in this section:
15 (a) "Committee" means the Controlled Substance Database Advisory Committee created
16 in this section.
17 (b) "Database" means the controlled substance database created in this section.
18 (c) "Database manager" means the person responsible for operating the database, or his
19 designee.
20 (d) "Division" means the Division of Occupational and Professional Licensing created in
21 Section 58-1-103 .
22 (e) "Drug outlet" has the same definition as in Section 58-17a-102 .
23 (f) "Health care facility" has the same definition as in Section 26-21-2 .
24 (2) (a) There is created within the division a controlled substance database.
25 (b) The division shall administer and direct the functioning of the database in accordance

26 with this section. The division may under state procurement laws contract with another state
27 agency or private entity to establish, operate, or maintain the database. The division in
28 collaboration with the board shall determine whether to operate the database within the division
29 or contract with another entity to operate the database, based on an analysis of costs and benefits.
30 (c) The purpose of the database is to contain data as described in this section regarding
31 every prescription for a controlled substance dispensed in the state to any person other than an
32 inpatient in a licensed health care facility.
33 (d) Data required by this section shall be submitted in compliance with this section to the
34 manager of the database by the pharmacist in charge of the drug outlet where the controlled
35 substance is dispensed.
36 (3) (a) There is created the Controlled Substance Database Advisory Committee. The
37 committee members are:
38 (i) two members representing the Utah Medical Association;
39 (ii) one member representing the Utah Dental Association;
40 (iii) two members representing the Utah Pharmaceutical Association;
41 (iv) one member representing the Department of Public Safety;
42 (v) one member representing the Utah Association of Chiefs of Police;
43 (vi) one member representing the Utah Sheriffs Association;
44 (vii) one member representing the state Office of the Attorney General;
45 (viii) one member representing the Statewide Association of Public Attorneys; and
46 (ix) three members representing the general public, and who are not health care providers.
47 (b) The committee shall be appointed and serve in accordance with Section 58-1-201 .
48 (c) The committee shall advise the division regarding:
49 (i) establishing, maintaining, and operating the database;
50 (ii) access to the database and how access is obtained; and
51 (iii) control of information contained in the database.
52 (4) The pharmacist in charge shall, regarding each controlled substance dispensed by a
53 pharmacist under his supervision other than those dispensed for an inpatient at a health care
54 facility, submit to the manager of the database the following information, by a procedure and in
55 a format established by the division:
56 (a) name of the prescribing practitioner;

57 (b) date of the prescription;
58 (c) date the prescription was filled;
59 (d) name of the person for whom the prescription was written;
60 (e) positive identification of the person receiving the prescription, including the type of
61 identification and any identifying numbers on the identification;
62 (f) name of the controlled substance;
63 (g) quantity of controlled substance prescribed;
64 (h) strength of controlled substance;
65 (i) quantity of controlled substance dispensed;
66 (j) dosage quantity and frequency as prescribed;
67 (k) name of drug outlet dispensing the controlled substance;
68 (l) name of pharmacist dispensing the controlled substance; and
69 (m) other relevant information as required by division rule.
70 (5) The division shall maintain the database in an electronic file or by other means
71 established by the division to facilitate use of the database for identification of:
72 (a) prescribing practices and patterns of prescribing and dispensing controlled substances;
73 (b) practitioners prescribing controlled substances in an unprofessional or unlawful
74 manner;
75 (c) individuals receiving prescriptions for controlled substances from licensed
76 practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet in
77 quantities or with a frequency inconsistent with generally recognized standards of dosage for that
78 controlled substance; and
79 (d) individuals presenting forged or otherwise false or altered prescriptions for controlled
80 substances to a drug outlet.
81 (6) (a) The division shall by rule establish the electronic format in which the information
82 required under this section shall be submitted to the administrator of the database.
83 (b) The division shall ensure the database system records and maintains for reference:
84 (i) identification of each person who requests or receives information from the database;
85 (ii) the information provided to [the requesting] each person [regarding each request]; and
86 (iii) the date and time [of each request] the information is requested or provided.
87 (7) The division shall make rules in collaboration with the committee to:

88 (a) effectively enforce the limitations on access to the database as described in Subsection
89 (8); and
90 (b) establish standards and procedures to ensure accurate identification of individuals
91 requesting information or receiving information without request from the database.
92 (8) The manager of the database shall make information in the database available only to
93 the following persons, and in accordance with the limitations stated and division rules:
94 (a) personnel of the division specifically assigned to conduct investigations related to
95 controlled substances laws under the jurisdiction of the division;
96 (b) authorized division personnel engaged in analysis of controlled substance prescription
97 information as a part of the assigned duties and responsibilities of their employment;
98 (c) a licensed practitioner having authority to prescribe controlled substances, to the extent
99 the information [requested] relates specifically to a current patient of the practitioner, to whom the
100 practitioner is prescribing or considering prescribing any controlled substance;
101 (d) a licensed pharmacist having authority to dispense controlled substances to the extent
102 the information [requested] relates specifically to a current patient to whom that pharmacist is
103 dispensing or considering dispensing any controlled substance;
104 (e) federal, state, and local law enforcement authorities engaged as a specified duty of their
105 employment in enforcing laws regulating controlled substances; and
106 (f) an individual who is the recipient of a controlled substance prescription entered into
107 the database, upon providing evidence satisfactory to the database manager that the individual
108 requesting the information is in fact the person about whom the data entry was made.
109 (9) Any person who knowingly and intentionally releases any information in the database
110 in violation of the limitations under Subsection (8) is guilty of a third degree felony.
111 (10) Any person who obtains or attempts to obtain information from the database by
112 misrepresentation or fraud is guilty of a third degree felony.
113 (11) (a) A person may not knowingly and intentionally use, release, publish, or otherwise
114 make available to any other person or entity any information obtained from the database for any
115 purpose other than those specified in Subsection (8). Each separate violation of this subsection
116 is a third degree felony and is also subject to a civil penalty not to exceed $5,000.
117 (b) The procedure for determining a civil violation of this subsection shall be in
118 accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.

119 (c) Civil penalties assessed under this subsection shall be deposited in the General Fund.
120 (12) (a) The failure of a pharmacist in charge to submit information to the database as
121 required under this section after the division has submitted a specific written request for the
122 information or when the division determines the individual has a demonstrable pattern of failing
123 to submit the information as required is grounds for the division to take the following actions in
124 accordance with Section 58-1-401 :
125 (i) refuse to issue a license to the individual;
126 (ii) refuse to renew the individual's license;
127 (iii) revoke, suspend, restrict, or place on probation the license;
128 (iv) issue a public or private reprimand to the individual;
129 (v) issue a cease and desist order; and
130 (vi) impose a civil penalty of not more than $1,000 for each dispensed prescription
131 regarding which the required information is not submitted.
132 (b) Civil penalties assessed under Subsection (12)(a)(vi) shall be deposited in the General
133 Fund.
134 (c) The procedure for determining a civil violation of this subsection shall be in
135 accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
136 (13) An individual who has submitted information to the database in accordance with this
137 section may not be held civilly liable for having submitted the information.
138 (14) (a) All department and the division costs necessary to establish and operate the
139 database shall be funded by appropriations from the General Fund.
140 (b) Funding for this section shall be appropriated without the use of any resources within
141 the Commerce Service Fund.
142 (15) All costs associated with recording and submitting data as required in this section
143 shall be assumed by the submitting drug outlet.