H.B. 122

1

E-PRESCRIBING AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Evan J. Vickers
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Electronic Prescribing Act.
10 Highlighted Provisions:
11 This bill:
12 . requires a practitioner to offer the patient a choice regarding to which pharmacy the
13 prescription is transmitted;
14 . requires the entity transmitting the prescription to transmit the prescription with the
15 particular drug prescribed by the practitioner; and
16 . requires the entity that facilitates the electronic prescribing process to provide the
17 practitioner with insurance formulary information, if available.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill takes effect July 1, 2012.
22 Utah Code Sections Affected:
23 AMENDS:
24 58-82-201 (Effective 07/01/12), as enacted by Laws of Utah 2009, Chapter 47
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 58-82-201 (Effective 07/01/12) is amended to read:

28 58-82-201 (Effective 07/01/12). Electronic prescriptions -- Restrictions --
29 Rulemaking authority.
30 (1) Subject to the provisions of this section, a practitioner shall:
31 (a) provide each existing patient of the practitioner with the option of participating in
32 electronic prescribing for prescriptions issued for the patient, if the practitioner prescribes a
33 drug or device for the patient on or after July 1, 2012[.]; and
34 (b) offer the patient a choice regarding to which pharmacy the practitioner will issue
35 the electronic prescription.
36 (2) A practitioner may not issue a prescription through electronic prescribing for a
37 drug, device, or federal controlled substance that the practitioner is prohibited by federal law or
38 federal rule from issuing through electronic prescribing.
39 (3) A pharmacy shall:
40 (a) accept an electronic prescription that is transmitted in accordance with the
41 requirements of this section and division rules; and
42 (b) dispense a drug or device as directed in an electronic prescription described in
43 Subsection (3)(a).
44 (4) The division shall make rules to ensure that:
45 (a) except as provided in Subsection [(5)] (6), practitioners and pharmacies comply
46 with this section;
47 (b) electronic prescribing is conducted in a secure manner, consistent with industry
48 standards; and
49 (c) each patient is fully informed of the patient's rights, restrictions, and obligations
50 pertaining to electronic prescribing.
51 (5) An entity that facilitates the electronic prescribing process under this section shall:
52 (a) provide the practitioner with insurance formulary information for a patient's insurer,
53 if available, to the entity; and
54 (b) transmit to the pharmacy the prescription with the particular drug prescribed by the
55 practitioner.
56 [(5)] (6) The division may, by rule, grant an exemption from the requirements of this
57 section to a pharmacy or a practitioner to the extent that the pharmacy or practitioner can
58 establish, to the satisfaction of the division, that compliance with the requirements of this

59 section would impose an extreme financial hardship on the pharmacy or practitioner.
60 Section 2. Effective date.
61 This bill takes effect July 1, 2012.




Legislative Review Note
as of 1-31-12 10:03 AM

Office of Legislative Research and General Counsel