H.B. 268 Enrolled

DRUG UTILIZATION REVIEW COMMITTEE
AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rebecca D. Lockhart
Senate Sponsor: Sheldon L. Killpack

LONG TITLE
General Description:
This bill amends the Health Code to require public notice and comment period for
hearings held by the Drug Utilization Review Board.
Highlighted Provisions:
This bill:
. requires 30 days advance public notice of a hearing held by the Drug Utilization
Review Board; and
. requires the board to consider comments submitted by interested parties.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-18-105, as enacted by Chapter 273, Laws of Utah 1992

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-18-105 is amended to read:
26-18-105. Drug prior approval program.
Any drug prior approval program approved or implemented by the board shall meet the
following conditions:

(1) no drug may be placed on prior approval for other than medical reasons;
(2) the board shall hold a public hearing at least 90 days prior to placing a drug on prior
approval;
(3) notwithstanding the provisions of Section 52-4-6 , the board shall provide not less
than 30 days notice to the public before holding a public hearing under Subsection (2);
(4) the board shall consider written and oral comments submitted by interested parties
prior to or during the hearing held in accordance with Subsection (2);
[(3)] (5) the board shall provide evidence that placing a drug class on prior approval will
not impede quality of recipient care and that the drug class is subject to clinical abuse or misuse;
[(4)] (6) no later than nine months after any drug class is placed on prior approval, it
shall be reconsidered in a public hearing with notice as provided in Subsection (3);
[(5)] (7) the program shall provide either telephone or fax approval or denial at least
Monday through Friday, within 24 hours after receipt of the prior approval request;
[(6)] (8) the program shall provide for the dispensing of at least a 72-hour supply of the
drug in an emergency situation or on weekends;
[(7)] (9) the program may not be applied to prevent acceptable medical use for
appropriate off-label indications; and
[(8)] (10) any drug class placed on prior approval shall receive a majority vote by the
board for that placement, after meeting the requirements described in Subsections (1) through
[(7)] (10).