H.B. 128

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 4, 2009 at 12:08 PM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 13, 2009 at 11:03 AM by jeyring. --> This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 3, 2009 at 1:03 PM by smaeser. --> 1

ELECTRONIC PRESCRIBING ACT
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 General Description:
9 This bill enacts the Electronic Prescribing Act within Title 58, Occupations and
10 Professions.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires a practitioner to provide each existing patient of the practitioner with the
15 option to participate in electronic prescribing S. , if the practitioner prescribes a drug or device
15a for the patient on or after July 1 , 2012 .S ;
16 . provides that a practitioner may not issue a prescription through electronic
17 prescribing for a drug or device that the practitioner is prohibited by federal law or
18 federal rule from issuing through electronic prescribing;
19 . requires a pharmacy to accept and comply with an electronic prescription that is
20 transmitted in accordance with the requirements of this section and rules made by
21 the Division of Occupational and Professional Licensing; and
22 . grants rulemaking authority to the Division of Occupational and Professional
23 Licensing to:
24 . enforce the provisions of this bill;
25 . ensure that electronic prescribing is done in a secure manner H. , consistent with
25a industry standards .H ;
26 . ensure that each patient is fully informed of the patient's rights, restrictions, and
27 obligations pertaining to electronic prescribing; and

28 . grant a hardship exemption to a pharmacy H. or a practitioner .H , to the extent
28a that the requirements of
29 this bill would impose an extreme financial hardship on the pharmacy H.or the practitioner .H .
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 H. [ None ] This bill takes effect on July 1, 2012. .H
34 Utah Code Sections Affected:
35 ENACTS:
36 58-78-101, Utah Code Annotated 1953
37 58-78-102, Utah Code Annotated 1953
38 58-78-201, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 58-78-101 is enacted to read:
42 CHAPTER 78. ELECTRONIC PRESCRIBING ACT
43 Part 1. General Provisions
44 58-78-101. Title.
45 This chapter is known as the "Electronic Prescribing Act."
46 Section 2. Section 58-78-102 is enacted to read:
47 58-78-102. Definitions.
48 As used in this chapter:
49 (1) "Drug" is as defined in Section 58-37-2 .
50 (2) "Electronic prescribing" means the electronic generation and transmission of a
51 prescription between a practitioner and a pharmacy.
52 (3) "Existing patient" means a person who a practitioner has:
53 (a) obtained information regarding, in the usual course of professional practice, that is
54 sufficient to:
55 (i) establish a diagnoses;
56 (ii) identify conditions; and
57 (iii) identify contraindications to potential treatment; and
58 (b) accepted as a patient.

59 (4) (a) "Federal controlled substance" means a drug or substance included in Schedules
60 I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513, or any federal
61 controlled substance analog.
62 (b) "Federal controlled substance" does not include:
63 (i) distilled spirits, wine, or malt beverages, as those terms are defined or used in Title
64 32A, Alcoholic Beverage Control Act, regarding tobacco or food;
65 (ii) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
66 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
67 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
68 transferred, or furnished as an over-the-counter medication without prescription; or
69 (iii) dietary supplements, vitamins, minerals, herbs, or other similar substances
70 including concentrates or extracts, which are not otherwise regulated by law, which may
71 contain naturally occurring amounts of chemicals or substances listed in this chapter, or in rules
72 adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
73 (5) (a) "Federal Controlled substance analog" means a substance the chemical structure
74 of which is substantially similar to the chemical structure of a controlled substance listed in
75 Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513:
76 (i) which has a stimulant, depressant, or hallucinogenic effect on the central nervous
77 system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
78 nervous system of controlled substances in the schedules set forth in Subsection (4); or
79 (ii) which, with respect to a particular individual, is represented or intended to have a
80 stimulant, depressant, or hallucinogenic effect on the central nervous system substantially
81 similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of
82 controlled substances in the schedules set forth in Subsection (4).
83 (b) "Federal controlled substance analog" does not include:
84 (i) a controlled substance currently scheduled in Schedules I through V of Section
85 58-37-4 ;
86 (ii) a substance for which there is an approved new drug application;
87 (iii) a substance with respect to which an exemption is in effect for investigational use
88 by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 355,
89 to the extent the conduct with respect to the substance is permitted by the exemption;

90 (iv) any substance to the extent not intended for human consumption before an
91 exemption takes effect with respect to the substance;
92 (v) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
93 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
94 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
95 transferred, or furnished as an over-the-counter medication without prescription; or
96 (vi) dietary supplements, vitamins, minerals, herbs, or other similar substances
97 including concentrates or extracts, which are not otherwise regulated by law, which may
98 contain naturally occurring amounts of chemicals or substances listed in this chapter, or in rules
99 adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
100 (6) "Pharmacy" is as defined in Section 58-17b-102 .
101 (7) "Practitioner" means an individual currently licensed, registered, or otherwise
102 authorized by the state to prescribe and administer a drug in the course of professional practice.
103 (8) "Prescription" is as defined in Section 58-37-2 .
104 Section 3. Section 58-78-201 is enacted to read:
105 Part 2. Electronic Prescribing
106 58-78-201. Electronic prescriptions -- Restrictions -- Rulemaking authority.
107 (1) Subject to the provisions of this section, a practitioner shall provide each existing
108 patient of the practitioner with the option of participating in electronic prescribing for
109 prescriptions issued for the patient S. , if the practitioner prescribes a drug or device for the
109a patient on or after July 1 , 2012 .S .
110 (2) A practitioner may not issue a prescription through electronic prescribing for a
111 drug, device, or federal controlled substance that the practitioner is prohibited by federal law or
112 federal rule from issuing through electronic prescribing.
113 (3) A pharmacy shall:
114 (a) accept an electronic prescription that is transmitted in accordance with the
115 requirements of this section and division rules; and
116 (b) dispense a drug or device as directed in an electronic prescription described in
117 Subsection (3)(a).
118 (4) The division shall make rules to ensure that:
119 (a) except as provided in Subsection (5), practitioners and pharmacies comply with this
120 section;

121 (b) electronic prescribing is conducted in a secure manner H. , consistent with industry
121a standards .H ; and
122 (c) each patient is fully informed of the patient's rights, restrictions, and obligations
123 pertaining to electronic prescribing.
124 (5) The division may, by rule, grant an exemption from the requirements of this section
125 to a pharmacy H. or a practitioner .H to the extent that the pharmacy H. or practitioner .H 125a can establish, to the satisfaction of the division,
126 that compliance with the requirements of this section would impose an extreme financial
127 hardship on the pharmacy H. or practitioner .H .
127a H. Section 4. Effective date.
127b This bill takes effect on July 1, 2012. .H




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as of 1-26-09 1:06 PM

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