S.B. 160

1

CONTROLLED SUBSTANCES ACT
2 AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Paula F. Julander
6
7 LONG TITLE
8 General Description:
9 This bill repeals the requirement for practitioners to have a separate controlled
10 substance license at each principal place of business, and amends prescription labeling
11 requirements.
12 Highlighted Provisions:
13 This bill:
14 . repeals the requirement for those licensed to prescribe and administer controlled
15 substances listed in Schedules I through V to have a separate license at each
16 principal place of business or professional practice; and
17 . removes the prescription label provision that required the pharmacist's personal
18 name to be on the label.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 58-37-2, as last amended by Chapter 131, Laws of Utah 2003
26 58-37-6, as last amended by Chapter 33, Laws of Utah 2003
27 58-37-7, as last amended by Chapter 210, Laws of Utah 1997

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-37-2 is amended to read:
31 58-37-2. Definitions.
32 (1) As used in this chapter:
33 (a) "Administer" means the direct application of a controlled substance, whether by
34 injection, inhalation, ingestion, or any other means, to the body of a patient or research subject
35 by:
36 (i) a practitioner or, in his presence, by his authorized agent; or
37 (ii) the patient or research subject at the direction and in the presence of the
38 practitioner.
39 (b) "Agent" means an authorized person who acts on behalf of or at the direction of a
40 manufacturer, distributor, or practitioner but does not include a motor carrier, public
41 warehouseman, or employee of any of them.
42 (c) "Continuing criminal enterprise" means any individual, sole proprietorship,
43 partnership, corporation, business trust, association, or other legal entity, and any union or
44 groups of individuals associated in fact although not a legal entity, and includes illicit as well
45 as licit entities created or maintained for the purpose of engaging in conduct which constitutes
46 the commission of episodes of activity made unlawful by Title 58, Chapters 37, 37a, 37b, 37c,
47 or 37d, which episodes are not isolated, but have the same or similar purposes, results,
48 participants, victims, methods of commission, or otherwise are interrelated by distinguishing
49 characteristics. Taken together, the episodes shall demonstrate continuing unlawful conduct
50 and be related either to each other or to the enterprise.
51 (d) "Control" means to add, remove, or change the placement of a drug, substance, or
52 immediate precursor under Section 58-37-3 .
53 (e) (i) "Controlled substance" means a drug or substance included in Schedules I, II, III,
54 IV, or V of Section 58-37-4 , and also includes a drug or substance included in Schedules I, II,
55 III, IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513, or any controlled
56 substance analog.
57 (ii) "Controlled substance" does not include:
58 (A) distilled spirits, wine, or malt beverages, as those terms are defined or used in Title

59 32A, regarding tobacco or food;
60 (B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
61 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
62 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
63 transferred, or furnished as an over-the-counter medication without prescription; or
64 (C) dietary supplements, vitamins, minerals, herbs, or other similar substances
65 including concentrates or extracts, which are not otherwise regulated by law, which may
66 contain naturally occurring amounts of chemical or substances listed in this chapter, or in rules
67 adopted pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
68 (f) (i) "Controlled substance analog" means a substance the chemical structure of
69 which is substantially similar to the chemical structure of a controlled substance listed in
70 Schedules I and II of Section 58-37-4 , or in Schedules I and II of the federal Controlled
71 Substances Act, Title II, P.L. 91-513:
72 (A) which has a stimulant, depressant, or hallucinogenic effect on the central nervous
73 system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
74 nervous system of controlled substances in the schedules set forth in this subsection; or
75 (B) which, with respect to a particular individual, is represented or intended to have a
76 stimulant, depressant, or hallucinogenic effect on the central nervous system substantially
77 similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of
78 controlled substances in the schedules set forth in this Subsection (1).
79 (ii) "Controlled substance analog" does not include:
80 (A) a controlled substance currently scheduled in Schedules I through V of Section
81 58-37-4 ;
82 (B) a substance for which there is an approved new drug application;
83 (C) a substance with respect to which an exemption is in effect for investigational use
84 by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 366,
85 to the extent the conduct with respect to the substance is permitted by the exemption; [or]
86 (D) any substance to the extent not intended for human consumption before an
87 exemption takes effect with respect to the substance[.];
88 (E) [Any] any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
89 or prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,

90 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
91 transferred, or furnished as an over-the-counter medication without prescription[.]; or
92 (F) [Dietary] dietary supplements, vitamins, minerals, herbs, or other similar
93 substances including concentrates or extracts, which are not otherwise regulated by law, which
94 may contain naturally occurring amounts of chemical or substances listed in this chapter, or in
95 rules adopted pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
96 (g) "Conviction" means a determination of guilt by verdict, whether jury or bench, or
97 plea, whether guilty or no contest, for any offense proscribed by Title 58, Chapters 37, 37a,
98 37b, 37c, or 37d, or for any offense under the laws of the United States and any other state
99 which, if committed in this state, would be an offense under Title 58, Chapters 37, 37a, 37b,
100 37c, or 37d.
101 (h) "Counterfeit substance" means:
102 (i) any substance or container or labeling of any substance that without authorization
103 bears the trademark, trade name, or other identifying mark, imprint, number, device, or any
104 likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons
105 who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a
106 controlled substance distributed by, any other manufacturer, distributor, or dispenser; or
107 (ii) any substance that is represented to be a controlled substance.
108 (i) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
109 controlled substance or a listed chemical, whether or not an agency relationship exists.
110 (j) "Department" means the Department of Commerce.
111 (k) "Depressant or stimulant substance" means:
112 (i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric
113 acid;
114 (ii) a drug which contains any quantity of:
115 (A) amphetamine or any of its optical isomers;
116 (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
117 (C) any substance which the Secretary of Health and Human Services or the Attorney
118 General of the United States after investigation has found and by regulation designated
119 habit-forming because of its stimulant effect on the central nervous system; or
120 (iii) lysergic acid diethylamide; or

121 (iv) any drug which contains any quantity of a substance which the Secretary of Health
122 and Human Services or the Attorney General of the United States after investigation has found
123 to have, and by regulation designated as having, a potential for abuse because of its depressant
124 or stimulant effect on the central nervous system or its hallucinogenic effect.
125 (l) "Dispense" means the delivery of a controlled substance by a pharmacist to an
126 ultimate user pursuant to the lawful order or prescription of a practitioner, and includes
127 distributing to, leaving with, giving away, or disposing of that substance as well as the
128 packaging, labeling, or compounding necessary to prepare the substance for delivery.
129 (m) "Dispenser" means a pharmacist who dispenses a controlled substance.
130 (n) "Distribute" means to deliver other than by administering or dispensing a controlled
131 substance or a listed chemical.
132 (o) "Distributor" means a person who distributes controlled substances.
133 (p) "Division" means the Division of Occupational and Professional Licensing created
134 in Section 58-1-103 .
135 [(p)] (q) "Drug" means:
136 (i) articles recognized in the official United States Pharmacopoeia, Official
137 Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
138 supplement to any of them;
139 (ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention
140 of disease in man or other animals;
141 (iii) articles, other than food, intended to affect the structure or function of man or
142 other animals; and
143 (iv) articles intended for use as a component of any articles specified in Subsection
144 (1)[(p)](q)(i), (ii), or (iii); but does not include devices or their components, parts, or
145 accessories.
146 [(q)] (r) "Drug dependent person" means any individual who unlawfully and habitually
147 uses any controlled substance to endanger the public morals, health, safety, or welfare, or who
148 is so dependent upon the use of controlled substances as to have lost the power of self-control
149 with reference to his dependency.
150 [(r)] (s) "Food" means:
151 (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as

152 specified in this chapter, and normally ingested by human beings; and
153 (ii) foods for special dietary uses as exist by reason of a physical, physiological,
154 pathological, or other condition including but not limited to the conditions of disease,
155 convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
156 overweight; uses for supplying a particular dietary need which exist by reason of age including
157 but not limited to the ages of infancy and childbirth, and also uses for supplementing and for
158 fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for
159 use of a food. Any particular use of a food is a special dietary use regardless of the nutritional
160 purposes.
161 [(s)] (t) "Immediate precursor" means a substance which the Attorney General of the
162 United States has found to be, and by regulation designated as being, the principal compound
163 used or produced primarily for use in the manufacture of a controlled substance, or which is an
164 immediate chemical intermediary used or likely to be used in the manufacture of a controlled
165 substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
166 controlled substance.
167 [(t)] (u) "Manufacture" means the production, preparation, propagation, compounding,
168 or processing of a controlled substance, either directly or indirectly by extraction from
169 substances of natural origin, or independently by means of chemical synthesis or by a
170 combination of extraction and chemical synthesis.
171 [(u)] (v) "Manufacturer" includes any person who packages, repackages, or labels any
172 container of any controlled substance, except pharmacists who dispense or compound
173 prescription orders for delivery to the ultimate consumer.
174 [(v)] (w) "Marijuana" means all species of the genus cannabis and all parts of the
175 genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant;
176 and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
177 seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from
178 the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
179 derivative, mixture, or preparation of the mature stalks, except the resin extracted from them,
180 fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Any
181 synthetic equivalents of the substances contained in the plant cannabis sativa or any other
182 species of the genus cannabis which are chemically indistinguishable and pharmacologically

183 active are also included.
184 [(w)] (x) "Money" means officially issued coin and currency of the United States or
185 any foreign country.
186 [(x)] (y) "Narcotic drug" means any of the following, whether produced directly or
187 indirectly by extraction from substances of vegetable origin, or independently by means of
188 chemical synthesis, or by a combination of extraction and chemical synthesis:
189 (i) opium, coca leaves, and opiates;
190 (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or
191 opiates;
192 (iii) opium poppy and poppy straw; or
193 (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the
194 substance, which is chemically identical with any of the substances referred to in Subsection
195 (1)[(x)](y)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or
196 extracts of coca leaves which do not contain cocaine or ecgonine.
197 [(y)] (z) "Negotiable instrument" means documents, containing an unconditional
198 promise to pay a sum of money, which are legally transferable to another party by endorsement
199 or delivery.
200 [(z)] (aa) "Opiate" means any drug or other substance having an addiction-forming or
201 addiction-sustaining liability similar to morphine or being capable of conversion into a drug
202 having addiction-forming or addiction-sustaining liability.
203 [(aa)] (bb) "Opium poppy" means the plant of the species papaver somniferum L.,
204 except the seeds of the plant.
205 [(bb)] (cc) "Person" means any corporation, association, partnership, trust, other
206 institution or entity or one or more individuals.
207 [(cc)] (dd) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
208 mowing.
209 [(dd)] (ee) "Possession" or "use" means the joint or individual ownership, control,
210 occupancy, holding, retaining, belonging, maintaining, or the application, inhalation,
211 swallowing, injection, or consumption, as distinguished from distribution, of controlled
212 substances and includes individual, joint, or group possession or use of controlled substances.
213 For a person to be a possessor or user of a controlled substance, it is not required that he be

214 shown to have individually possessed, used, or controlled the substance, but it is sufficient if it
215 is shown that the person jointly participated with one or more persons in the use, possession, or
216 control of any substances with knowledge that the activity was occurring, or the controlled
217 substance is found in a place or under circumstances indicating that the person had the ability
218 and the intent to exercise dominion and control over it.
219 [(ee)] (ff) "Practitioner" means a physician, dentist, veterinarian, pharmacist, scientific
220 investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to
221 distribute, dispense, conduct research with respect to, administer, or use in teaching or
222 chemical analysis a controlled substance in the course of professional practice or research in
223 this state.
224 [(ff)] (gg) "Prescribe" means to issue a prescription orally or in writing.
225 [(gg)] (hh) "Prescription" means an order issued by a licensed practitioner, in the
226 course of that practitioner's professional practice, for a controlled substance, other drug, or
227 device which it dispenses or administers for use by a patient or an animal. The order may be
228 issued by word of mouth, written document, telephone, facsimile transmission, computer, or
229 other electronic means of communication as defined by rule.
230 [(hh)] (ii) "Production" means the manufacture, planting, cultivation, growing, or
231 harvesting of a controlled substance.
232 [(ii)] (jj) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
233 property.
234 [(jj)] (kk) "State" means the state of Utah.
235 [(kk)] (ll) "Ultimate user" means any person who lawfully possesses a controlled
236 substance for his own use, for the use of a member of his household, or for administration to an
237 animal owned by him or a member of his household.
238 (2) If a term used in this chapter is not defined, the definition and terms of Title 76,
239 Utah Criminal Code, shall apply.
240 Section 2. Section 58-37-6 is amended to read:
241 58-37-6. License to manufacture, produce, distribute, dispense, administer, or
242 conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
243 required -- Prescriptions.
244 (1) (a) The [department] division may adopt rules relating to the licensing and control

245 of the manufacture, distribution, production, prescription, administration, dispensing,
246 conducting of research with, and performing of laboratory analysis upon controlled substances
247 within this state.
248 (b) The [department] division may assess reasonable fees to defray the cost of issuing
249 original and renewal licenses under this chapter pursuant to Section 63-38-3.2 .
250 [(c) The director of the department may delegate to any division or agency within the
251 department, authority to perform the responsibilities and functions prescribed to the department
252 under this chapter if the delegated authority is consistent with the function of the division or
253 agency provided by law.]
254 (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
255 administers, conducts research with, or performs laboratory analysis upon any controlled
256 substance in Schedules II through V within this state, or who proposes to engage in
257 manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
258 research with, or performing laboratory analysis upon controlled substances included in
259 Schedules II through V within this state shall obtain a license issued by the [department]
260 division.
261 (ii) The division shall issue each license under this chapter in accordance with a
262 two-year renewal cycle established by rule. The division may by rule extend or shorten a
263 renewal period by as much as one year to stagger the renewal cycles it administers.
264 (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
265 administer, conduct research with, or perform laboratory analysis upon controlled substances in
266 Schedules II through V within this state may possess, manufacture, produce, distribute,
267 prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
268 those substances to the extent authorized by their license and in conformity with this chapter.
269 (c) The following persons are not required to obtain a license and may lawfully possess
270 controlled substances under this section:
271 (i) an agent or employee, except a sales representative, of any registered manufacturer,
272 distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
273 usual course of his business or employment; however, nothing in this subsection shall be
274 interpreted to permit an agent, employee, sales representative, or detail man to maintain an
275 inventory of controlled substances separate from the location of his employer's registered and

276 licensed place of business;
277 (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
278 warehouseman, who possesses any controlled substance in the usual course of his business or
279 employment; and
280 (iii) an ultimate user, or any person who possesses any controlled substance pursuant to
281 a lawful order of a practitioner.
282 (d) The [department] division may enact rules waiving the license requirement for
283 certain manufacturers, producers, distributors, prescribers, dispensers, administrators, research
284 practitioners, or laboratories performing analysis if consistent with the public health and safety.
285 (e) A separate license is required at each principal place of business or professional
286 practice where the applicant manufactures, produces, distributes, [prescribes,] dispenses,
287 [administers,] conducts research with, or performs laboratory analysis upon controlled
288 substances.
289 (f) The [department] division may enact rules providing for the inspection of a licensee
290 or applicant's establishment, and may inspect the establishment according to those rules.
291 (3) (a) Upon proper application, the [department] division shall license a qualified
292 applicant to manufacture, produce, distribute, conduct research with, or perform laboratory
293 analysis upon controlled substances included in Schedules I through V, unless it determines
294 that issuance of a license is inconsistent with the public interest. The [department] division
295 shall not issue a license to any person to prescribe, dispense, or administer a Schedule I
296 controlled substance. In determining public interest, the [department] division shall consider
297 whether or not the applicant has:
298 (i) maintained effective controls against diversion of controlled substances and any
299 Schedule I or II substance compounded from any controlled substance into other than
300 legitimate medical, scientific, or industrial channels;
301 (ii) complied with applicable state and local law;
302 (iii) been convicted under federal or state laws relating to the manufacture, distribution,
303 or dispensing of substances;
304 (iv) past experience in the manufacture of controlled dangerous substances;
305 (v) established effective controls against diversion; and
306 (vi) complied with any other factors that the [department] division establishes that

307 promote the public health and safety.
308 (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
309 produce, distribute, conduct research with, or perform laboratory analysis upon controlled
310 substances in Schedule I other than those specified in the license.
311 (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
312 substances in Schedules II through V if they are authorized to administer, dispense, or conduct
313 research under the laws of this state.
314 (ii) The [department] division need not require a separate license for practitioners
315 engaging in research with nonnarcotic controlled substances in Schedules II through V where
316 the licensee is already licensed under this act in another capacity.
317 (iii) With respect to research involving narcotic substances in Schedules II through V,
318 or where the [department] division by rule requires a separate license for research of
319 nonnarcotic substances in Schedules II through V, a practitioner shall apply to the [department]
320 division prior to conducting research.
321 (iv) Licensing for purposes of bona fide research with controlled substances by a
322 practitioner considered qualified may be denied only on a ground specified in Subsection (4),
323 or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
324 adequately his supply of substances against diversion from medical or scientific use.
325 (v) Practitioners registered under federal law to conduct research in Schedule I
326 substances may conduct research in Schedule I substances within this state upon furnishing the
327 [department] division evidence of federal registration.
328 (d) Compliance by manufacturers, producers, and distributors with the provisions of
329 federal law respecting registration, excluding fees, entitles them to be licensed under this
330 chapter.
331 (e) The [department] division shall initially license those persons who own or operate
332 an establishment engaged in the manufacture, production, distribution, dispensation, or
333 administration of controlled substances prior to April 3, 1980, and who are licensed by the
334 state.
335 (4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed
336 on probation, or revoked by the [department] division upon finding that the applicant or
337 licensee has:

338 (i) materially falsified any application filed or required pursuant to this chapter;
339 (ii) been convicted of an offense under this chapter or any law of the United States, or
340 any state, relating to any substance defined as a controlled substance;
341 (iii) been convicted of a felony under any other law of the United States or any state
342 within five years of the date of the issuance of the license;
343 (iv) had a federal license denied, suspended, or revoked by competent federal authority
344 and is no longer authorized to engage in the manufacturing, distribution, or dispensing of
345 controlled substances;
346 (v) had his license suspended or revoked by competent authority of another state for
347 violation of laws or regulations comparable to those of this state relating to the manufacture,
348 distribution, or dispensing of controlled substances;
349 (vi) violated any [department] division rule that reflects adversely on the licensee's
350 reliability and integrity with respect to controlled substances;
351 (vii) refused inspection of records required to be maintained under this chapter by a
352 person authorized to inspect them; or
353 (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
354 purpose of manipulating human hormonal structure so as to:
355 (A) increase muscle mass, strength, or weight without medical necessity and without a
356 written prescription by any practitioner in the course of his professional practice; or
357 (B) improve performance in any form of human exercise, sport, or game.
358 (b) The [department] division may limit revocation or suspension of a license to a
359 particular controlled substance with respect to which grounds for revocation or suspension
360 exist.
361 (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
362 this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
363 Occupational and Professional Licensing Act, and conducted in conjunction with the
364 appropriate representative committee designated by the director of the department.
365 (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and
366 Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
367 except where the [department] division is designated by law to perform those functions, or,
368 when not designated by law, is designated by the executive director of the Department of

369 Commerce to conduct the proceedings.
370 (d) (i) The [department] division may suspend any license simultaneously with the
371 institution of proceedings under this section if it finds there is an imminent danger to the public
372 health or safety.
373 (ii) Suspension shall continue in effect until the conclusion of proceedings, including
374 judicial review, unless withdrawn by the [department] division or dissolved by a court of
375 competent jurisdiction.
376 (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
377 substances owned or possessed by the licensee may be placed under seal in the discretion of the
378 [department] division.
379 (ii) Disposition may not be made of substances under seal until the time for taking an
380 appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
381 orders the sale of perishable substances and the proceeds deposited with the court.
382 (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
383 (f) The [department] division shall notify promptly the Drug Enforcement
384 Administration of all orders suspending or revoking a license and all forfeitures of controlled
385 substances.
386 (5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and
387 inventories in conformance with the record keeping and inventory requirements of federal and
388 state law and any additional rules issued by the [department] division.
389 (b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is
390 authorized to administer or professionally use a controlled substance shall keep a record of the
391 drugs received by him and a record of all drugs administered, dispensed, or professionally used
392 by him otherwise than by a prescription.
393 (ii) A person using small quantities or solutions or other preparations of those drugs for
394 local application has complied with this Subsection (5)(b) if he keeps a record of the quantity,
395 character, and potency of those solutions or preparations purchased or prepared by him, and of
396 the dates when purchased or prepared.
397 (6) Controlled substances in Schedules I through V may be distributed only by a
398 licensee and pursuant to an order form prepared in compliance with [department] division rules
399 or a lawful order under the rules and regulations of the United States.

400 (7) (a) A person may not write or authorize a prescription for a controlled substance
401 unless he is:
402 (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
403 or under the laws of another state having similar standards; and
404 (ii) licensed under this chapter or under the laws of another state having similar
405 standards.
406 (b) A person other than a pharmacist licensed under the laws of this state, or his
407 licensed intern, as required by Section 58-17a-302 , may not dispense a controlled substance.
408 (c) (i) A controlled substance may not be dispensed without the written prescription of
409 a practitioner, if the written prescription is required by the federal Controlled Substances Act.
410 (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
411 conformity with Subsection (7)(d).
412 (iii) In emergency situations, as defined by [department] division rule, controlled
413 substances may be dispensed upon oral prescription of a practitioner, if reduced promptly to
414 writing on forms designated by the [department] division and filed by the pharmacy.
415 (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
416 Subsection (7)(d).
417 (d) Except for emergency situations designated by the [department] division, a person
418 may not issue, fill, compound, or dispense a prescription for a controlled substance unless the
419 prescription is signed in ink or indelible pencil by the prescriber and contains the following
420 information:
421 (i) the name, address, and registry number of the prescriber;
422 (ii) the name, address, and age of the person to whom or for whom the prescription is
423 issued;
424 (iii) the date of issuance of the prescription; and
425 (iv) the name, quantity, and specific directions for use by the ultimate user of the
426 controlled substance.
427 (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
428 controlled substance.
429 (f) Except when administered directly to an ultimate user by a licensed practitioner,
430 controlled substances are subject to the following restrictions:

431 (i) (A) A prescription for a Schedule II substance may not be refilled.
432 (B) A Schedule II controlled substance may not be filled in a quantity to exceed a
433 one-month's supply, as directed on the daily dosage rate of the prescriptions.
434 (ii) A Schedule III or IV controlled substance may be filled only within six months of
435 issuance, and may not be refilled more than six months after the date of its original issuance or
436 be refilled more than five times after the date of the prescription unless renewed by the
437 practitioner.
438 (iii) All other controlled substances in Schedule V may be refilled as the prescriber's
439 prescription directs, but they may not be refilled one year after the date the prescription was
440 issued unless renewed by the practitioner.
441 (iv) Any prescription for a Schedule II substance may not be dispensed if it is not
442 presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
443 after the date the prescription was issued, or 30 days after the dispensing date, if that date is
444 specified separately from the date of issue.
445 (v) A practitioner may issue more than one prescription at the same time for the same
446 Schedule II controlled substance, but only under the following conditions:
447 (A) no more than three prescriptions for the same Schedule II controlled substance may
448 be issued at the same time;
449 (B) no one prescription may exceed a 30-day supply;
450 (C) a second or third prescription shall include the date of issuance and the date for
451 dispensing; and
452 (D) unless the practitioner determines there is a valid medical reason to the contrary,
453 the date for dispensing a second or third prescription may not be fewer than 30 days from the
454 dispensing date of the previous prescription.
455 (vi) Each prescription for a controlled substance may contain only one controlled
456 substance per prescription form and may not contain any other legend drug or prescription
457 item.
458 (g) An order for a controlled substance in Schedules II through V for use by an
459 inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
460 Subsection (7) if the order is:
461 (i) issued or made by a prescribing practitioner who holds an unrestricted registration

462 with the federal Drug Enforcement Administration, and an active Utah controlled substance
463 license in good standing issued by the division under this section, or a medical resident who is
464 exempted from licensure under Subsection 58-1-307 (1)(c);
465 (ii) authorized by the prescribing practitioner treating the patient and the prescribing
466 practitioner designates the quantity ordered;
467 (iii) entered upon the record of the patient, the record is signed by the prescriber
468 affirming his authorization of the order within 48 hours after filling or administering the order,
469 and the patient's record reflects the quantity actually administered; and
470 (iv) filled and dispensed by a pharmacist practicing his profession within the physical
471 structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital
472 and the amount taken from the supply is administered directly to the patient authorized to
473 receive it.
474 (h) A practitioner licensed under this chapter may not prescribe, administer, or
475 dispense a controlled substance to a minor, without first obtaining the consent required in
476 Section 78-14-5 of a parent, guardian, or person standing in loco parentis of the minor except
477 in cases of an emergency. For purposes of this Subsection (7)(h), "minor" has the same
478 meaning as defined in Section 78-3a-103 , and "emergency" means any physical condition
479 requiring the administration of a controlled substance for immediate relief of pain or suffering.
480 (i) A practitioner licensed under this chapter may not prescribe or administer dosages
481 of a controlled substance in excess of medically recognized quantities necessary to treat the
482 ailment, malady, or condition of the ultimate user.
483 (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
484 any controlled substance to another person knowing that the other person is using a false name,
485 address, or other personal information for the purpose of securing the controlled substance.
486 (k) A person who is licensed under this chapter to manufacture, distribute, or dispense
487 a controlled substance may not manufacture, distribute, or dispense a controlled substance to
488 another licensee or any other authorized person not authorized by this license.
489 (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
490 symbol required by this chapter or by a rule issued under this chapter.
491 (m) A person licensed under this chapter may not refuse or fail to make, keep, or
492 furnish any record notification, order form, statement, invoice, or information required under

493 this chapter.
494 (n) A person licensed under this chapter may not refuse entry into any premises for
495 inspection as authorized by this chapter.
496 (o) A person licensed under this chapter may not furnish false or fraudulent material
497 information in any application, report, or other document required to be kept by this chapter or
498 willfully make any false statement in any prescription, order, report, or record required by this
499 chapter.
500 (8) (a) (i) Any person licensed under this chapter who is found by the [department]
501 division to have violated any of the provisions of Subsections (7)(k) through (7)(o) is subject to
502 a penalty not to exceed $5,000. The [department] division shall determine the procedure for
503 adjudication of any violations in accordance with Sections 58-1-106 and 58-1-108 .
504 (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
505 General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
506 (b) Any person who knowingly and intentionally violates Subsections (7)(h) through
507 (7)(j) is:
508 (i) upon first conviction, guilty of a class B misdemeanor;
509 (ii) upon second conviction, guilty of a class A misdemeanor; and
510 (iii) on third or subsequent conviction, guilty of a third degree felony.
511 (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
512 (7)(o) shall upon conviction be guilty of a third degree felony.
513 (9) Any information communicated to any licensed practitioner in an attempt to
514 unlawfully procure, or to procure the administration of, a controlled substance is not considered
515 to be a privileged communication.
516 Section 3. Section 58-37-7 is amended to read:
517 58-37-7. Labeling and packaging controlled substance.
518 (1) A person licensed pursuant to this act may not distribute a controlled substance
519 unless it is packaged and labeled in compliance with the requirements of Section 305 of the
520 Federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
521 (2) No person except a pharmacist for the purpose of filling a prescription shall alter,
522 deface, or remove any label affixed by the manufacturer.
523 (3) Whenever a pharmacist sells or dispenses any controlled substance on a

524 prescription issued by a practitioner, he shall affix to the container in which the substance is
525 sold or dispensed:
526 (a) a label showing [his own name, address, and registry number, or the name, address,
527 and registry number of the pharmacist or pharmacy owner for whom he is lawfully acting;] the:
528 (i) pharmacy name and address;
529 (ii) serial number; and
530 (iii) date of initial filling;
531 (b) the prescription number, the name of the patient, or if the patient is an animal, the
532 name of the owner of the animal and the species of the animal;
533 (c) the name of the practitioner by whom the prescription was written;
534 (d) any directions stated on the prescription; and
535 (e) any directions required by rules and regulations promulgated by the department.
536 (4) A person may not alter the face or remove any label so long as any of the original
537 contents remain.
538 (5) (a) An individual to whom or for whose use any controlled substance has been
539 prescribed, sold, or dispensed by a practitioner and the owner of any animal for which any
540 controlled substance has been prescribed, sold, or dispensed by a veterinarian may lawfully
541 possess it only in the container in which it was delivered to him by the person selling or
542 dispensing it.
543 (b) It is a defense to a prosecution under this subsection that the person being
544 prosecuted produces in court a valid prescription for the controlled substance or the original
545 container with the label attached.




Legislative Review Note
as of 1-19-04 2:50 PM

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

Office of Legislative Research and General Counsel