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This document includes House Committee Amendments incorporated into the bill on Wed, Jan 28, 2009 at 10:31 AM by ddonat. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 12, 2009 at 1:47 PM by lwells. --> 1
7 LONG TITLE
8 Committee Note:
9 The Health and Human Services Interim Committee recommended this bill.
10 General Description:
11 This bill amends the Pharmacy Practice Act in the Division of Occupational and
12 Professional Licensing Act.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . excludes from the definition of unprofessional conduct and unlawful conduct under
17 the Division of Occupational and Professional Licensing, issuing a prescription for
18 an antibiotic to an unnamed partner of a person who has any one of certain
19 designated sexually transmitted diseases;
20 . does not mandate the use of expedited partner therapy;
21 . provides an option for physicians to use expedited partner therapy;
22 . makes conforming changes to the Pharmacy Practices Act; S. [
23 . provides immunity from medical malpractice actions for a practitioner who uses
23a expedited partner therapy; and .S makes technical changes.
24 Monies Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 58-17b-602, as last amended by Laws of Utah 2007, Chapter 279
32 58-1-501.3, Utah Code Annotated 1953
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 58-1-501.3 is enacted to read:
36 58-1-501.3. Health professional prescribing exceptions for expedited partner
37 therapy for sexually transmitted diseases.
38 (1) For purposes of this section:
39 (a) "Drug to treat a sexually transmitted disease" means a drug:
40 (i) as defined in Section 58-17b-102 ; and
41 (ii) that is:
42 (A) an antibiotic; and
43 (B) prescribed in accordance with guidelines from the Centers for Disease Control and
44 Prevention for patient delivered expedited partner therapy in the management of sexually
45 transmitted disease.
46 (b) "Partner" means a person:
47 (i) with whom a practitioner does not have a bonafide practitioner-patient relationship;
49 (ii) who is identified as, or claims to be a sexual partner of a patient.
50 (c) "Patient" means a person who:
51 (i) has a sexually transmitted disease; and
52 (ii) has a bonafide practitioner-patient relationship with a practitioner.
53 (d) "Sexually transmitted disease" means:
54 (i) gonorrhea; or
55 (ii) chlamydia.
56 (2) This section does not require a practitioner H. or a licensee under this chapter .H to
56a prescribe H. or dispense .H a drug to treat a sexually
57 transmitted disease for patient delivered expedited partner therapy. A practitioner's H. or
57a licensee's .H decision to
58 use expedited partner therapy as allowed by this section is voluntary.
59 (3) Notwithstanding Sections 58-1-501 , 58-17b-501 , and 58-17b-502 , it is not unlawful
60 conduct or unprofessional conduct, and it does not violate the provisions of this chapter if:
61 (a) a practitioner, in accordance with this Subsection (3):
62 (i) issues a prescription for a drug to treat a sexually transmitted disease to a partner by:
63 (A) writing "partner of (patient name)" on the prescription order; and
64 (B) giving the partner's prescription to the patient for subsequent use by the partner; or
65 (ii) notwithstanding Section 58-17b-610 , dispenses a drug sample to treat a sexually
66 transmitted disease to the patient for the subsequent use of the partner; or
67 (b) a pharmacist, in accordance with this Subsection (3):
68 (i) dispenses a prescription drug for the treatment of a sexually transmitted disease to:
69 (A) a person who:
70 (I) claims to be a partner; and
71 (II) presents a prescription for the drug to the pharmacist which is written for the
72 unnamed partner of a named patient;
73 (B) the patient for the subsequent use by the unnamed partner; or
74 (C) an agent of the patient or partner.
75 (4) (a) For purposes of Subsection (3), and notwithstanding Section 58-17b-602 :
76 (i) the partner does not have to be identified on the prescription order by information
77 that would disclose the identity of the partner; and
78 (ii) when dispensing a drug to treat a sexually transmitted disease directly to the
79 partner, the patient's identifying information may, but does not need to, be included on the
80 partner's drug label.
81 (b) Information provided by a pharmacist to a patient or the patient's agent for
82 subsequent use by a partner satisfies the requirements of patient counseling for both the patient
83 and the partner under Section 58-17b-613 .
83a S. (5)(a) The legislature finds that the prevention and treatment of sexually transmitted diseases
83b in the state is a compelling public health issue.
83c (b) A practitioner or licensee under this chapter is not liable for a medical malpractice action if
83d the use of expedited partner therapy is in compliance with this section, except for those acts which are
83e grossly negligent or willful and wanton. .S
84 Section 2. Section 58-17b-602 is amended to read:
85 58-17b-602. Prescription orders -- Information required -- Alteration -- Labels --
86 Signatures -- Dispensing in pharmacies.
87 (1) [
88 shall be included in a prescription order, and that may be defined by rule, is:
89 (a) the prescriber's name, address, and telephone number, and, if the order is for a
90 controlled substance, the patient's age and the prescriber's DEA number;
91 (b) the patient's name and address or, in the case of an animal, the name of the owner
92 and species of the animal;
93 (c) the date of issuance;
94 (d) the name of the medication or device prescribed and dispensing instructions, if
96 (e) the directions, if appropriate, for the use of the prescription by the patient or animal
97 and any refill, special labeling, or other instructions;
98 (f) the prescriber's signature if the prescription order is written;
99 (g) if the order is an electronically transmitted prescription order, the prescribing
100 practitioner's electronic signature; and
101 (h) if the order is a hard copy prescription order generated from electronic media, the
102 prescribing practitioner's electronic or manual signature.
103 (2) The requirement of Subsection (1)(a) does not apply to prescription orders
104 dispensed for inpatients by hospital pharmacies if the prescriber is a current member of the
105 hospital staff and the prescription order is on file in the patient's medical record.
106 (3) Unless it is for a Schedule II controlled substance, a prescription order may be
107 dispensed by [
108 of a practitioner only if the oral prescription is promptly reduced to writing.
109 (4) (a) Except as provided under Subsection (4)(b), a pharmacist or pharmacy intern
110 may not dispense or compound any prescription of a practitioner if [
111 evidence of alteration, erasure, or addition by any person other than the person writing the
113 (b) A pharmacist or pharmacy intern dispensing or compounding a prescription may
114 alter or make additions to the prescription after receiving permission of the prescriber and may
115 make entries or additions on the prescription required by law or necessitated in the
116 compounding and dispensing procedures.
117 (5) Each drug dispensed shall have a label securely affixed to the container indicating
118 the following minimum information:
119 (a) the name, address, and telephone number of the pharmacy;
120 (b) the serial number of the prescription as assigned by the dispensing pharmacy;
121 (c) the filling date of the prescription or its last dispensing date;
122 (d) the name of the patient, or in the case of an animal, the name of the owner and
123 species of the animal;
124 (e) the name of the prescriber;
125 (f) the directions for use and cautionary statements, if any, which are contained in the
126 prescription order or are needed;
127 (g) except as provided in Subsection (6), the trade, generic, or chemical name, amount
128 dispensed and the strength of dosage form, but if multiple ingredient products with established
129 proprietary or nonproprietary names are prescribed, those products' names may be used; and
130 (h) the beyond use date.
131 (6) If the prescriber specifically indicates the name of the prescription product should
132 not appear on the label, then any of the trade, generic, chemical, established proprietary, and
133 established nonproprietary names and the strength of dosage form may not be included.
134 (7) Except when it is delivered to the ultimate user via the United States Postal Service,
135 licensed common carrier, or supportive personnel, a prescription drug may be dispensed to the
136 ultimate user or his agent only at a licensed pharmacy.
Legislative Review Note
as of 11-19-08 3:36 PM