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H.B. 268
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7 LONG TITLE
8 General Description:
9 This bill amends the Health Code to require public notice and comment period for
10 hearings held by the Drug Utilization Review Board.
11 Highlighted Provisions:
12 This bill:
13 . requires 30 days advance public notice of a hearing held by the Drug Utilization
14 Review Board; and
15 . requires the board to consider comments submitted by interested parties.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 26-18-105, as enacted by Chapter 273, Laws of Utah 1992
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 26-18-105 is amended to read:
26 26-18-105. Drug prior approval program.
27 Any drug prior approval program approved or implemented by the board shall meet the
28 following conditions:
29 (1) no drug may be placed on prior approval for other than medical reasons;
30 (2) the board shall hold a public hearing at least 90 days prior to placing a drug on prior
31 approval;
32 (3) notwithstanding the provisions of Section 52-4-6 , the board shall provide not less
33 than 30 days notice to the public before holding a public hearing under Subsection (2);
34 (4) the board shall consider written and oral comments submitted by interested parties
35 prior to or during the hearing held in accordance with Subsection (2);
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37 will not impede quality of recipient care and that the drug class is subject to clinical abuse or
38 misuse;
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40 shall be reconsidered in a public hearing with notice as provided in Subsection (3);
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42 Monday through Friday, within 24 hours after receipt of the prior approval request;
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44 drug in an emergency situation or on weekends;
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46 appropriate off-label indications; and
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48 board for that placement, after meeting the requirements described in Subsections (1) through
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Legislative Review Note
as of 1-13-05 8:46 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.