H.B. 244

1

TRANSFER OF PRESCRIPTIONS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Neil A. Hansen
5
6 LONG TITLE
7 General Description:
8 This bill amends the Pharmacy Practice Act.
9 Highlighted Provisions:
10 This bill:
11 . prohibits the Division of Occupational and Professional Licensing from limiting the
12 number of times a prescription may be transferred among pharmacies.
13 Monies Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 This bill provides an immediate effective date.
17 Utah Code Sections Affected:
18 AMENDS:
19 58-17b-609, as enacted by Chapter 280, Laws of Utah 2004
20
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 58-17b-609 is amended to read:
23 58-17b-609. Limitation on prescriptions and refills -- Controlled Substances Act
24 not affected -- Legend drugs -- Transfer of prescriptions.
25 (1) A prescription for any prescription drug may not be dispensed after one year from
26 the date it was initiated except as otherwise provided in Chapter 37, Utah Controlled
27 Substances Act.

28 (2) A prescription authorized to be refilled may not be refilled after one year from the
29 original issue date.
30 (3) A practitioner may not be prohibited from issuing a new prescription for the same
31 drug orally, in writing, or by electronic transmission.
32 (4) Nothing in this chapter affects Chapter 37, Utah Controlled Substances Act.
33 (5) Prescriptions for a legend drug written by a licensed prescribing practitioner in
34 another state may be filled or refilled by a pharmacist or pharmacy intern in this state, and the
35 pharmacist or pharmacy intern knows the prescribing practitioner holds a current license.
36 (6) The division may not limit the number of times a prescription may be transferred
37 among pharmacies.
38 Section 2. Effective date.
39 If approved by two-thirds of all the members elected to each house, this bill takes effect
40 upon approval by the governor, or the day following the constitutional time limit of Utah
41 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
42 the date of veto override.




Legislative Review Note
as of 1-28-05 10:19 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel