Chief Sponsor: Curtis S. Bramble

House Sponsor: Michael S. Kennedy


8     General Description:
9          This bill amends the Online Prescribing, Dispensing, and Facilitation Licensing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends certain provisions related to online prescribing and dispensing of drugs;
13          ▸     amends the definition of "unprofessional conduct"; and
14          ▸     deletes outdated, transitional language.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          58-83-306, as enacted by Laws of Utah 2010, Chapter 180
22          58-83-502, as last amended by Laws of Utah 2014, Chapter 72
23     REPEALS:
24          58-83-304, as enacted by Laws of Utah 2010, Chapter 180

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 58-83-306 is amended to read:
28          58-83-306. Drugs approved for online prescribing, dispensing, and facilitation --
29     Delivery of prescription drugs.

30          (1) An online prescriber may only prescribe, an online contract pharmacy may only
31     dispense, and an Internet facilitator may only facilitate the prescribing and dispensing of,
32     non-controlled, legend drugs [that have been]:
33          (a) that have been approved by the Food and Drug Administration;
34          (b) that are prescribed to treat the condition for which the drug was approved[; and],
35     within the drug manufacturer's guidelines;
36          (c) that are specifically approved by the division for online prescribing by
37     administrative rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative
38     Rulemaking Act[.];
39          (d) that are prescribed for a person who is:
40          (i) 18 years of age or older; or
41          (ii) at least 16 years of age:
42          (A) if permitted by the state or country in which the patient will receive the drug;
43          (B) with parental consent, if required by the state or country in which the patient will
44     receive the drug; and
45          (C) only if the prescription is for a hormonal based contraceptive; and
46          (e) to a person who is located in another country, if the country is designated by the
47     division, by administrative rule, as a country with a regulatory framework for prescribing and
48     dispensing of drugs.
49          (2) If, after January 1, 2010, the Food and Drug Administration issues a clinical black
50     box warning with respect to any drug approved by the board under Subsection (1), the division
51     shall determine what action, if any, is necessary to protect the public health or welfare as a
52     result of the black box warning.
53          Section 2. Section 58-83-502 is amended to read:
54          58-83-502. Unprofessional conduct.
55          "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 and
56     as may be further defined by administrative rule:
57          (1) except as provided in Section 58-83-306, online prescribing, dispensing, or

58     facilitation with respect to a person under the age of 18 years;
59          (2) using the name or official seal of the state, the Utah Department of Commerce, or
60     the Utah Division of Occupational and Professional Licensing, or their boards, in an
61     unauthorized manner;
62          (3) failing to respond promptly to a request by the division for information including:
63          (a) an audit of the website; or
64          (b) records of the online prescriber, the Internet facilitator, or the online contract
65     pharmacy;
66          (4) using an online prescriber, online contract pharmacy, or Internet facilitator without
67     approval of the division;
68          (5) failing to inform a patient of the patient's freedom of choice in selecting who will
69     dispense a prescription in accordance with Subsection 58-83-305(1)(n);
70          (6) failing to keep the division informed of the name and contact information of the
71     Internet facilitator or online contract pharmacy; and
72          (7) violating the dispensing and labeling requirements of Chapter 17b, Part 8,
73     Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy.
74          Section 3. Repealer.
75          This bill repeals:
76          Section 58-83-304, Existing written agreements for online prescribing -- Pending
77     applications.