First Substitute S.B. 203

Senator Patricia W. Jones proposes the following substitute bill:

1 PRESCRIPTION LABEL INFORMATION AND EDUCATION
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patricia W. Jones
6 House Sponsor: Paul Ray
7
8 LONG TITLE
9 General Description:
10 This bill directs the Division of Occupational and Professional Licensing (DOPL) to
11 offer information on the DOPL pharmacy website encouraging the inclusion of
12 information on prescription drug labels that would aid emergency responders with
13 patient condition identification and assist physicians and consumers.
14 Highlighted Provisions:
15 This bill:
16 . directs DOPL to offer information on the DOPL pharmacy website encouraging
17 prescribers, pharmacists, and pharmacy interns to include information relating to the
18 condition the prescription is meant to treat on certain prescription drug labels; and
19 . directs prescribers to encourage pharmacists and pharmacy interns to include
20 information relating to the condition the prescription is meant to treat on certain
21 prescription drug labels.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 AMENDS:
28 58-17b-602, as last amended by Laws of Utah 2009, Chapter 151
29 ENACTS:
30 58-17b-602.5, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 58-17b-602 is amended to read:
34 58-17b-602. Prescription orders -- Information required -- Alteration -- Labels --
35 Signatures -- Dispensing in pharmacies.
36 (1) Except as provided in Section 58-1-501.3 , the minimum information that shall be
37 included in a prescription order, and that may be defined by rule, is:
38 (a) the prescriber's name, address, and telephone number, and, if the order is for a
39 controlled substance, the patient's age and the prescriber's DEA number;
40 (b) the patient's name and address or, in the case of an animal, the name of the owner
41 and species of the animal;
42 (c) the date of issuance;
43 (d) the name of the medication or device prescribed and dispensing instructions, if
44 necessary;
45 (e) the directions, if appropriate, for the use of the prescription by the patient or animal
46 and any refill, special labeling, or other instructions;
47 (f) the prescriber's signature if the prescription order is written;
48 (g) if the order is an electronically transmitted prescription order, the prescribing
49 practitioner's electronic signature; and
50 (h) if the order is a hard copy prescription order generated from electronic media, the
51 prescribing practitioner's electronic or manual signature.
52 (2) The requirement of Subsection (1)(a) does not apply to prescription orders
53 dispensed for inpatients by hospital pharmacies if the prescriber is a current member of the
54 hospital staff and the prescription order is on file in the patient's medical record.
55 (3) Unless it is for a Schedule II controlled substance, a prescription order may be
56 dispensed by a pharmacist or pharmacy intern upon an oral prescription of a practitioner only if

57 the oral prescription is promptly reduced to writing.
58 (4) (a) Except as provided under Subsection (4)(b), a pharmacist or pharmacy intern
59 may not dispense or compound any prescription of a practitioner if the prescription shows
60 evidence of alteration, erasure, or addition by any person other than the person writing the
61 prescription.
62 (b) A pharmacist or pharmacy intern dispensing or compounding a prescription may
63 alter or make additions to the prescription after receiving permission of the prescriber and may
64 make entries or additions on the prescription required by law or necessitated in the
65 compounding and dispensing procedures.
66 (5) Each drug dispensed shall have a label securely affixed to the container indicating
67 the following minimum information:
68 (a) the name, address, and telephone number of the pharmacy;
69 (b) the serial number of the prescription as assigned by the dispensing pharmacy;
70 (c) the filling date of the prescription or its last dispensing date;
71 (d) the name of the patient, or in the case of an animal, the name of the owner and
72 species of the animal;
73 (e) the name of the prescriber;
74 (f) the directions for use and cautionary statements, if any, which are contained in the
75 prescription order or are needed;
76 (g) except as provided in Subsection (6), the trade, generic, or chemical name, amount
77 dispensed and the strength of dosage form, but if multiple ingredient products with established
78 proprietary or nonproprietary names are prescribed, those products' names may be used; and
79 (h) the beyond use date.
80 (6) If the prescriber specifically indicates the name of the prescription product should
81 not appear on the label, then any of the trade, generic, chemical, established proprietary, and
82 established nonproprietary names and the strength of dosage form may not be included.
83 (7) Prescribers are encouraged to include on prescription labels the information
84 described in Section 58-17b-602.5 in accordance with the provisions of that section.
85 [(7)] (8) Except when it is delivered to the ultimate user via the United States Postal
86 Service, licensed common carrier, or supportive personnel, a prescription drug may be
87 dispensed to the ultimate user or his agent only at a licensed pharmacy.

88 Section 2. Section 58-17b-602.5 is enacted to read:
89 58-17b-602.5. Information on prescription labels -- Education outreach.
90 The division, in order to assist emergency responders in quickly determining the
91 physical condition of a patient at the scene of an emergency, as well as for the benefit of
92 physicians and consumers, shall:
93 (1) provide information on the pharmacy licensing website recommending that
94 prescribers, pharmacists, and pharmacy interns include information on the label of a drug
95 dispensed under Section 58-17b-602 describing the condition the prescription is meant to treat;
96 and
97 (2) as part of the website information, specify that information described in Subsection
98 (1) should not be included on the label if:
99 (a) the prescription order does not include a refill; or
100 (b) the prescriber or patient indicates that the information may not be included on the
101 label.

[Bill Documents]