First Substitute S.B. 214

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 5, 2013 at 3:35 PM by kcallred. -->

Senator Patricia W. Jones proposes the following substitute bill:

1 CONTINUING EDUCATION FOR PRESCRIPTION DRUGS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patricia W. Jones
5 House Sponsor: Bradley G. Last
6
7 LONG TITLE
8 General Description:
9 This bill establishes the continuing education requirements for controlled substance
10 prescribers under the Utah Controlled Substances Act.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires certain controlled substance prescribers to complete at least four hours of
15 continuing education as a requisite for license renewal;
16 . requires that at least 3.5 hours of the required continuing education hours be
17 completed in controlled substance prescribing classes;
18 . establishes criteria for controlled substance prescribing classes recognized by the
19 Division of Occupational and Professional Licensing (DOPL);
20 . directs DOPL to consult with other applicable departments and associations when
21 determining whether classes for controlled substance prescribers with a specific
22 license type meet established criteria;
23 . grants rulemaking authority to DOPL; and
24 . makes technical changes.
25 Money Appropriated in this Bill:

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27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 58-37f-402, as last amended by Laws of Utah 2012, Chapter 370
32 REPEALS AND REENACTS:
33 58-37-6.5, as last amended by Laws of Utah 2012, Chapter 370
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 58-37-6.5 is repealed and reenacted to read:
37 58-37-6.5. Continuing education for controlled substance prescribers.
38 (1) For the purposes of this section:
39 (a) "Controlled substance prescriber" means an individual, other than a veterinarian,
40 who:
41 (i) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
42 Controlled Substances Act; and
43 (ii) possesses the authority, in accordance with the individual's scope of practice, to
44 prescribe schedule II controlled substances and schedule III controlled substances that are
45 applicable to opioid narcotics, hypnotic depressants, or psychostimulants.
46 (b) "FDA" means the United States Food and Drug Administration.
47 (c) "M.D." means a physician and surgeon licensed under Title 58, Chapter 67, Utah
48 Medical Practice Act.
49 (d) "D.O." means an osteopathic physician and surgeon licensed under Title 58,
50 Chapter 68, Utah Osteopathic Medical Practice Act.
51 (2) Beginning with the licensing period that begins after January 1, 2014, as a
52 condition precedent for license renewal, each controlled substance prescriber shall complete at
53 least four continuing education hours per licensing period that satisfy the requirements of
54 Subsections (3) and (4).
55 (3) As provided in Subsection 58-37f-402 (8), the online tutorial and passing the online
56 test described in Section 58-37f-402 shall count as 1/2 hour of continuing professional

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Senate 2nd Reading Amendments 3-5-2013 kc/akj 57

education under Subsection (2) per licensing period.
58 (4) A controlled substance prescriber shall complete at least 3.5 hours of continuing
59 education hours in one or more controlled substance prescribing classes S. , except dentists who
59a shall complete at least 2 such hours, .S that satisfy the
60 requirements of Subsections (5) and (7).
61 (5) A controlled substance prescribing class shall:
62 (a) satisfy the division's requirements for the continuing education required for the
63 renewal of the controlled substance prescriber's respective license type;
64 (b) be delivered by an accredited or approved continuing education provider
65 recognized by the division as offering continuing education appropriate for the controlled
66 substance prescriber's respective license type; and
67 (c) include a postcourse knowledge assessment.
68 (6) An M.D. or D.O. completing continuing professional education hours under
69 Subsection (4) shall complete those hours in classes that qualify for the American Medical
70 Association Physician's Recognition Award Category 1 Credit.
71 (7) The 3.5 hours of the controlled substance prescribing classes under Subsection (4)
72 shall include educational content covering the following:
73 (a) the scope of the controlled substance abuse problem in Utah and the nation;
74 (b) all elements of the FDA Blueprint for Prescriber Education under the FDA's
75 Extended-Release and Long-Acting Opioid Analgesics Risk Evaluation and Mitigation
76 Strategy, as published July 9, 2012, or as it may be subsequently revised;
77 (c) the national and Utah-specific resources available to prescribers to assist in
78 appropriate controlled substance and opioid prescribing;
79 (d) patient record documentation for controlled substance and opioid prescribing; and
80 (e) office policies, procedures, and implementation.
81 (8) (a) The division, in consultation with the Utah Medical Association Foundation,
82 shall determine whether a particular controlled substance prescribing class satisfies the
83 educational content requirements of Subsections (5) and (7) for an M.D. or D.O.
84 (b) The division, in consultation with the applicable professional licensing boards,
85 shall determine whether a particular controlled substance prescribing class satisfies the
86 educational content requirements of Subsections (5) and (7) for a controlled substance
87 prescriber other than an M.D. or D.O.

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- 4 - 88 (c) The division may by rule establish a committee that may audit compliance with the
89 Utah Risk Evaluation and Mitigation Strategy (REMS) Educational Programming Project
90 grant, that satisfies the educational content requirements of Subsections (5) and (7) for a
91 controlled substance prescriber.
92 (9) A controlled substance prescribing class required under this section:
93 (a) may be held:
94 (i) in conjunction with other continuing professional education programs; and
95 (ii) online; and
96 (b) does not increase the total number of state-required continuing professional
97 education hours required for prescriber licensing.
98 (10) The division may establish rules, in accordance with Title 63G, Chapter 3, Utah
99 Administrative Rulemaking Act, to implement this section.
100 Section 2. Section 58-37f-402 is amended to read:
101 58-37f-402. Online tutorial and test relating to the database -- Fees -- Rulemaking
102 authority -- Continuing professional education credit.
103 (1) The division shall develop an online tutorial and an online test for registration to
104 use the database that provides instruction regarding, and tests, the following:
105 (a) the purpose of the database;
106 (b) how to access and use the database;
107 (c) the law relating to:
108 (i) the use of the database; and
109 (ii) the information submitted to, and obtained from, the database; and
110 (d) basic knowledge that is important for all people who prescribe controlled
111 substances to know in order to help ensure the health and safety of an individual to whom a
112 controlled substance is prescribed.
113 (2) The division shall design the test described in this section as follows:
114 (a) an individual shall answer all of the questions correctly in order to pass the test;
115 (b) an individual shall be permitted to immediately retake the portion of the test that
116 the individual answers incorrectly as many times as necessary for the individual to pass the test;
117 and
118 (c) after an individual takes the test, the test software shall:

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- 5 - 119 (i) immediately inform the individual of the number of questions that were answered
120 incorrectly;
121 (ii) provide the correct answers;
122 (iii) replay the portion of the tutorial that relates to the incorrectly answered questions;
123 and
124 (iv) ask the individual the incorrectly answered questions again.
125 (3) The division shall design the tutorial and test so that it is possible to take the
126 tutorial and complete the test in 20 minutes or less, if the individual answers all of the
127 questions correctly on the first attempt.
128 (4) The division shall ensure that the tutorial and test described in this section are fully
129 functional and available for use online on or before November 1, 2010.
130 (5) The division shall impose a fee, in accordance with Section 63J-1-504 , on an
131 individual who takes the test described in this section, to pay the costs incurred by the division
132 to:
133 (a) develop, implement, and administer the tutorial and test described in this section;
134 and
135 (b) fulfill the other duties imposed on the division under this part.
136 (6) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
137 Administrative Rulemaking Act, to:
138 (a) develop, implement, and administer the tutorial and test described in this section;
139 and
140 (b) fulfill the other duties imposed on the division under this part.
141 (7) The Department of Health shall assist the division in developing the portion of the
142 test described in Subsection (1)(d).
143 (8) Completing the online tutorial and passing the online test described in this section
144 shall count as 1/2 hour of continuing professional education under Subsection
145 58-37-6.5 [(1)(a)](2).

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