H.B. 89

1

RURAL PHARMACY CHANGES
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Loraine T. Pace
5 This act modifies the Occupational and Professional Licensing Code by amending provisions
6 related to supervision of a pharmacy located in remote rural hospitals or clinics. The act
7 uses defined terms to describe required supervision. The act appropriates S [ $150,000 ]
7a S $100,00 0 s for fiscal
8 year 2001-02, from the General Fund to the Department of Health Bureau of Primary Care,
9 Rural and Ethnic Health, to establish and oversee a rural telepharmacy system.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 58-17a-611, as enacted by Chapter 247, Laws of Utah 1996
13 This act enacts uncodified material.
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 58-17a-611 is amended to read:
16 58-17a-611. Supervision -- Pharmacist-in-charge.
17 (1) (a) A drug outlet, except a wholesaler, distributor, or out-of-state mail service
18 pharmacy, shall be under the general supervision of [not less than] at least one pharmacist licensed
19 to practice in Utah. One pharmacist licensed in Utah shall be designated as the
20 pharmacist-in-charge.
21 (b) Notwithstanding the provisions of Subsection 58-17a-102 (17), a supervising
22 pharmacist does not have to be in the pharmacy or facility in which the drug outlet is located h [ and
23 may ] BUT SHALL h be available via a telepharmacy system for immediate contact with the
23a supervised pharmacy
24 technician or pharmacy intern if:
25 (i) the drug outlet is located in:
26 (A) a remote rural hospital as defined in Section 26-21-13.6 ; or
27 (B) a clinic located in a remote rural county with less than 20 people per square mile; and

28 (ii) the supervising pharmacist described in Subsection (1)(a), is not available h ; AND
28a (iii) THE TELEPHARMACY SYSTEM MAINTAINS RECORDS AND FILES QUARTERLY
28b REPORTS AS REQUIRED BY DIVISION RULE ADOPTED IN CONSULTATION WITH THE PHARMACY
28c BOARD TO ASSURE THAT PATIENT SAFETY IS NOT COMPROMISED h .
29 (2) Each out-of-state mail service pharmacy shall designate and identify to the board a
30 pharmacist holding a current license issued by the state in which the pharmacy is located, who
31 serves as the pharmacist-in-charge for all purposes under this chapter.
32 Section 2. Intent.
33 The Legislature finds that:
34 (1) rural citizens of the state need access to hospitals and pharmacy services;
35 (2) hospitals and clinics in remote rural areas of the state have limited resources to provide
36 24-hour, on-site supervision of a hospital or clinic pharmacy by a licensed pharmacist; and
37 (3) a telepharmacy system in which a consulting pharmacist can oversee the delivery of
38 pharmacy services by a supervised pharmacy technician or pharmacy intern when the remote rural
39 hospital or clinic pharmacist is not available is essential to the viability of rural access to pharmacy
40 services.
41 Section 3. Appropriation.
42 (1) There is appropriated from the General Fund for fiscal year 2001-02 only, S [ $150,000 ]
42a $100,00 0 s
43 to the Department of Health Bureau of Primary Care, Rural and Ethnic Health.
44 (2) It is the intent of the Legislature that the Department of Health Bureau of Primary Care,
45 Rural and Ethnic Health, use the University of Utah Telemedicine Outreach Program to establish
45a h AND GIVE OVERSIGHT TO h
46 a hospital and clinic telepharmacy system by using S [ $90,000 for two ] $45,000 FOR ONE s pharmacy
46a dispensing S [ units ] UNIT s
47 located in a general hospital or clinic ink San Juan County S [ and Grand County ] s , and by using
47a $15,000
48 to assist with the cost of providing on-line telepharmacy services to San Juan S [ county, and
48a $45,000 ] COUNTY, AND $40,000 s
49 to assist with staff support and oversight of the telepharmacy system.




Legislative Review Note
as of 1-12-01 5:20 PM

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

Office of Legislative Research and General Counsel