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HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
Room 25, House Office Building
February 15, 2012
Rep. Evan J. Vickers, Vice Chair
Rep. Rebecca Chavez-Houck
Rep. Tim M. Cosgrove
Rep. Bradley M. Daw
Rep. Daniel McCay
Rep. Dean Sanpei
Rep. Christine F. Watkins
MEMBERS EXCUSED: Rep. Ronda Rudd Menlove
STAFF PRESENT: Mr. Mark D. Andrews, Policy Analyst
Ms. Linda Black, House Secretary
Note: A list of visitors and copy of handouts are filed with committee minutes.
Vice Chair Vickers called the meeting to order at 8:15 a.m.
H.J.R. 4 Joint Resolution on Breastfeeding (Rep. J. Seelig) (handout)
Rep. Seelig presented the resolution to the committee.
Spoke to the bill: Ms. Teresa Garrett, Utah Department of Health
Spoke in favor of the bill: Ms. Christy Proucznik, La Leche League of Utah
Ms. Marina Lowe, citizen
Ms. Gayle Ruzika, Utah Eagle Forum
Mr. Casey Hill, Utah Medical Association
Mr. Dean Jolley, citizen
MOTION: Rep. McCay moved to pass the bill out favorably. The motion passed out favorably with Rep. Daw absent for the vote.
MOTION: Rep. McCay moved to place H.J.R. 4 on the Consent Calendar. The motion passed unanimously with Rep. Daw and Rep. Watkins absent for the vote.
H.B. 165 Pharmacy Patient Counseling Amendments (Rep. M. Poulson)
Rep. Poulson presented the bill to the committee.
MOTION: Rep. Chavez-Houck moved to amend the bill as follows:
1. Page 13, Lines 374 through 384 :
374 (2) A class D pharmacy shall provide oral patient counseling by telephone, or by video
375 conferencing over a secure data connection, for each prescription drug it dispenses to a patient
376 in this state.
377 (3) (a) [
378 pharmacy or a class D pharmacy dispenses a prescription drug for a patient who is incarcerated
380 or a county detention facility[
381 counseling for the prescription by written
1. Page 1, Lines 10 through 14 :
10 Highlighted Provisions:
11 This bill:
12 . amends definitions;
13 . amends patient counseling provisions;
. requires rulemaking; and
14 . makes technical changes.
2. Page 13, Line 384 :
384 required under Subsection (1) or (2).
1. Page 1, Line 21 :
21 58-17b-102, as last amended by Laws of Utah 2010, Chapter 101
2. Page 7, Line 212 through Page 8, Line 215 :
212 (43) "Patient counseling" means [
214 a patient's agent, to ensure the proper use of [
215 device, or dietary supplement.
3. Page 12, Lines 357 through 358 :
357 dispenses drugs intended for use by animals or for sale to veterinarians for the administration
358 for animals.
58-17b-309 . Exemptions from licensure.
(1) For purposes of this section:
(a) "Cosmetic drug":
(i) means a prescription drug that is:
(A) for the purpose of promoting attractiveness or altering the appearance of an individual; and
(B) listed as a cosmetic drug subject to the exemption under this section by the division by administrative rule; and
(ii) does not include a prescription drug that is:
(A) a controlled substance;
(B) compounded by the physician; or
(C) prescribed or used for the patient for the purpose of diagnosing, curing, mitigating, treating, or preventing a disease.
(b) "Injectable weight loss drug":
(i) means an injectable prescription drug:
(A) prescribed to promote weight loss; and
(B) listed as an injectable prescription drug subject to exemption under this section by the division by administrative rule; and
(ii) does not include a prescription drug that is a controlled substance.
(i) is as defined in Section 58-17b-102; and
(ii) is limited to in-person face-to-face oral communication or communication by video conferencing over a secure data connection.
(i) Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse with prescriptive practice;
(ii) Chapter 67, Utah Medical Practice Act;
(iii) Chapter 68, Utah Osteopathic Medical Practice Act; or
(iv) Chapter 70a, Physician Assistant Act.
(2) In addition to the exemptions from licensure in Section 58-1-307 , the following individuals may engage in the acts or practices described in this section without being licensed under this chapter:
(a) a person selling or providing contact lenses in accordance with Section 58-16a-801 ;
(b) an individual engaging in the practice of pharmacy technician under the direct personal supervision of a pharmacist while making satisfactory progress in an approved program as defined in division rule;
(c) a prescribing practitioner who prescribes and dispenses a cosmetic drug or an injectable weight loss drug to the prescribing practitioner's patient in accordance with Subsection (4); and
(d) an optometrist, as defined in Section 58-16a-102 , acting within the optometrist's scope of practice as defined in Section 58-16a-601 , who prescribes and dispenses a cosmetic drug to the optometrist's patient in accordance with Subsection (4).
(3) In accordance with Subsection 58-1-303 (1)(a), an individual exempt under Subsection (2)(b) must take all examinations as required by division rule following completion of an approved curriculum of education, within the required time frame. This exemption expires immediately upon notification of a failing score of an examination, and the individual may not continue working as a pharmacy technician even under direct supervision.
(4) A prescribing practitioner or optometrist is exempt from licensing under the provisions of this part if the prescribing practitioner or optometrist:
(a) (i) writes a prescription for a drug the prescribing practitioner or optometrist has the authority to dispense under Subsection (4)(b); and
(ii) informs the patient:
(A) that the prescription may be filled at a pharmacy or dispensed in the prescribing practitioner's or optometrist's office;
(B) of the directions for appropriate use of the drug;
(C) of potential side-effects to the use of the drug; and
(D) how to contact the prescribing practitioner or optometrist if the patient has questions or concerns regarding the drug;
(b) dispenses a cosmetic drug or injectable weight loss drug only to the prescribing practitioner's patients or for an optometrist, dispenses a cosmetic drug only to the optometrist's patients; and
(c) follows labeling, record keeping, patient counseling, and storage requirements established by administrative rule adopted by the division in consultation with the boards listed in Subsection (5)(a).
(5) (a) The division, in consultation with the board under this chapter, the Physician Licensing Board, the Osteopathic Physician Licensing Board, the Physician Assistant Licensing Board, the Board of Nursing, and the Optometrist Licensing Board shall adopt administrative rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act to designate:
(i) the prescription drugs that may be dispensed as a cosmetic drug or weight loss drug under this section; and
(ii) the requirements under Subsection (4)(c).
(b) When making a determination under Subsection (1)(a), the division and boards listed in Subsection (5)(a), may consider any federal Food and Drug Administration indications or approval associated with a drug when adopting a rule to designate a prescription drug that may be dispensed under this section.
(c) The division may inspect the office of a prescribing practitioner or optometrist who is dispensing under the provisions of this section, in order to determine whether the prescribing practitioner or optometrist is in compliance with the provisions of this section. If a prescribing practitioner or optometrist chooses to dispense under the provisions of this section, the prescribing practitioner or optometrist consents to the jurisdiction of the division to inspect the prescribing practitioner's or optometrist's office and determine if the provisions of this section are being met by the prescribing practitioner and optometrist.
(d) If a prescribing practitioner or optometrist violates a provision of this section, the prescribing practitioner or optometrist may be subject to discipline under:
(i) this chapter; and
(ii) (A) Chapter 16a, Utah Optometry Practice Act;
(B) Chapter 31b, Nurse Practice Act;
(C) Chapter 67, Utah Medical Practice Act;
(D) Chapter 68, Utah Osteopathic Medical Practice Act; or
(E) Chapter 70a, Physician Assistant Act.
(6) Except as provided in Subsection (2)(d), this section does not restrict or limit the scope of practice of an optometrist or optometric physician licensed under Chapter 16a, Utah Optometry Practice Act.
Renumber remaining sections accordingly.
The motion passed unanimously with Rep. Daw and Rep. Watkins absent for the vote.
Spoke in favor of the bill: Mr. Reed Barker, Utah Pharmacists Association
Mr. Michael Wright, pharmacist
Mr. Gregory Myers, pharmacist
Spoke in opposition
to the bill: Mr. David Davis, Utah Food Industry Association and Utah Retail Merchants Association
Mr. Doug Foxley, MEDCO
Mr. Dean Jolley, Jolley's Compounding Pharmacy
Mr. Bryant Palfreyman, pharmacy technician
MOTION: Rep. McCay moved to hold the bill with a recommendation that it be studied further.
MOTION: Rep. Chavez-Houck moved to pass the bill out favorably. The motion failed with Rep. McCay, Rep. Sanpei, and Rep. Vickers voting in opposition. Rep. Daw, Rep. Ray, and Rep. Watkins were absent for the vote.
The original motion to hold the bill passed unanimously with Rep. Daw, Rep. Ray, and Rep. Watkins absent for the vote.
H.B. 180 Food Stamp Reference Amendments (Rep. R. Chavez-Houck)
Rep. Chavez-Houck presented the bill to the committee.
Spoke in favor of the bill: Mr. Bill Tibbitts, Crossroads Anti-hunger Coalition
MOTION: Rep. Cosgrove moved to pass the bill out favorably. The motion passed unanimously with Rep. Daw, Rep. McCay, and Rep. Watkins absent for the vote.
MOTION: Rep. Ray moved to place H.B. 180 on the Consent Calendar. The motion passed
unanimously with Rep. Daw and Rep. Watkins absent for the vote.
H.B. 413 Product Liability Amendments (Rep. D. Brown)
The bill was not considered.
MOTION: Rep Chavez-Houck moved to adjourn the meeting. The motion passed unanimously with Rep. Daw and Rep. Watkins absent for the vote.
Vice-Chair Vickers adjourned the meeting at 9:40 a.m.
Rep. Paul Ray, Chair