1     
CONTROLLED SUBSTANCE REPORTING

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Raymond P. Ward

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9           This bill amends the Utah Health Code, the Utah Controlled Substances Act, and the
10     Controlled Substance Database Act.
11     Highlighted Provisions:
12          This bill:
13          ▸      amends the requirement for a general acute hospital to report to the Division of
14     Occupational and Professional Licensing admissions for poisoning or overdose
15     involving a prescribed controlled substance;
16          ▸     requires courts to report to the division certain violations of the Utah Controlled
17     Substances Act;
18          ▸     amends the purposes of the division's controlled substance database;
19          ▸     requires the division to enter into the database information it receives in reports by
20     hospitals concerning persons admitted for poisoning involving a prescribed
21     controlled substance; and
22          ▸     requires the division to enter into the database information it receives in reports by
23     courts concerning persons convicted for:
24               •     driving under the influence of a prescribed controlled substance that renders the
25     person incapable of safely operating a vehicle;
26               •     driving while impaired, in whole or in part, by a prescribed controlled
27     substance; or
28               •     certain violations of the Utah Controlled Substances Act.
29     Money Appropriated in this Bill:

30          None
31     Other Special Clauses:
32          This bill coordinates with H.B. 149, Reporting Death Involving Controlled Substance
33     Amendments, by providing substantive amendments.
34     Utah Code Sections Affected:
35     AMENDS:
36          26-21-26, as enacted by Laws of Utah 2010, Chapter 290
37          58-37-8, as last amended by Laws of Utah 2015, Chapters 165 and 412
38          58-37f-201, as enacted by Laws of Utah 2010, Chapter 287
39          58-37f-702, as enacted by Laws of Utah 2010, Chapter 290 and renumbered and
40     amended by Coordination Clause, Laws of Utah 2010, Chapter 290
41          58-37f-703, as enacted by Laws of Utah 2010, Chapter 109 and renumbered and
42     amended by Coordination Clause, Laws of Utah 2010, Chapter 109
43     ENACTS:
44          58-37f-704, Utah Code Annotated 1953
45     Utah Code Sections Affected by Coordination Clause:
46          58-37f-702, as enacted by Laws of Utah 2010, Chapter 290 and renumbered and
47     amended by Coordination Clause, Laws of Utah 2010, Chapter 290
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 26-21-26 is amended to read:
51          26-21-26. General acute hospital to report prescribed controlled substance
52     poisoning or overdose.
53          (1) [Beginning on July 1, 2012, if] If a person who is 12 years of age or older is
54     admitted to a general acute hospital for poisoning or overdose involving a prescribed controlled
55     substance, the general acute hospital shall, within three business days after the day on which
56     the person is admitted, send a written report to the Division of Occupational and Professional
57     Licensing, created in Section 58-1-103, that includes:

58          (a) the patient's name and date of birth;
59          (b) each drug or other substance found in the person's system that may have
60     contributed to the poisoning or overdose, if known; [and]
61          (c) the name of each person who the general acute hospital has reason to believe may
62     have prescribed a controlled substance described in Subsection (1)(b) to the person, if
63     known[.]; and
64          (d) the name of the hospital and the date of admission.
65          (2) Nothing in this section may be construed as creating a new cause of action.
66          Section 2. Section 58-37-8 is amended to read:
67          58-37-8. Prohibited acts -- Penalties.
68          (1) Prohibited acts A -- Penalties and reporting:
69          (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
70     intentionally:
71          (i) produce, manufacture, or dispense, or to possess with intent to produce,
72     manufacture, or dispense, a controlled or counterfeit substance;
73          (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
74     arrange to distribute a controlled or counterfeit substance;
75          (iii) possess a controlled or counterfeit substance with intent to distribute; or
76          (iv) engage in a continuing criminal enterprise where:
77          (A) the person participates, directs, or engages in conduct [which] that results in any
78     violation of any provision of Title 58, Chapters 37, Utah Controlled Substances Act, 37a, Utah
79     Drug Paraphernalia Act, 37b, Imitation Controlled Substances Act, 37c, Utah Controlled
80     Substance Precursor Act, or 37d, Clandestine Drug Lab Act, that is a felony; and
81          (B) the violation is a part of a continuing series of two or more violations of Title 58,
82     Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
83     Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
84     Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
85     more persons with respect to whom the person occupies a position of organizer, supervisor, or

86     any other position of management.
87          (b) Any person convicted of violating Subsection (1)(a) with respect to:
88          (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
89     substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
90     degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
91     subsequent conviction is guilty of a first degree felony;
92          (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
93     marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
94     upon a second or subsequent conviction is guilty of a second degree felony; or
95          (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
96     class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
97     felony.
98          (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
99     may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
100     of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on his
101     person or in his immediate possession during the commission or in furtherance of the offense,
102     the court shall additionally sentence the person convicted for a term of one year to run
103     consecutively and not concurrently; and the court may additionally sentence the person
104     convicted for an indeterminate term not to exceed five years to run consecutively and not
105     concurrently.
106          (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
107     felony punishable by imprisonment for an indeterminate term of not less than seven years and
108     which may be for life. Imposition or execution of the sentence may not be suspended, and the
109     person is not eligible for probation.
110          (e) The Administrative Office of the Courts shall report to the Division of
111     Occupational and Professional Licensing the name, case number, date of conviction, and if
112     known, the date of birth of each person convicted of violating Subsection (2)(a).
113          (2) Prohibited acts B -- Penalties and reporting:

114          (a) It is unlawful:
115          (i) for any person knowingly and intentionally to possess or use a controlled substance
116     analog or a controlled substance, unless it was obtained under a valid prescription or order,
117     directly from a practitioner while acting in the course of the person's professional practice, or as
118     otherwise authorized by this chapter;
119          (ii) for any owner, tenant, licensee, or person in control of any building, room,
120     tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
121     be occupied by persons unlawfully possessing, using, or distributing controlled substances in
122     any of those locations; or
123          (iii) for any person knowingly and intentionally to possess an altered or forged
124     prescription or written order for a controlled substance.
125          (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
126          (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
127     or
128          (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
129     of a class A misdemeanor on a first or second conviction, and on a third or subsequent
130     conviction is guilty of a third degree felony.
131          (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
132     conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
133     penalty than provided in this Subsection (2).
134          (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
135     substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
136     58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
137     person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
138     person is guilty of a third degree felony.
139          (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
140     boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
141     any public jail or other place of confinement shall be sentenced to a penalty one degree greater

142     than provided in Subsection (2)(b), and if the conviction is with respect to controlled
143     substances as listed in:
144          (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
145     indeterminate term as provided by law, and:
146          (A) the court shall additionally sentence the person convicted to a term of one year to
147     run consecutively and not concurrently; and
148          (B) the court may additionally sentence the person convicted for an indeterminate term
149     not to exceed five years to run consecutively and not concurrently; and
150          (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
151     indeterminate term as provided by law, and the court shall additionally sentence the person
152     convicted to a term of six months to run consecutively and not concurrently.
153          (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
154          (i) on a first conviction, guilty of a class B misdemeanor;
155          (ii) on a second conviction, guilty of a class A misdemeanor; and
156          (iii) on a third or subsequent conviction, guilty of a third degree felony.
157          (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
158     amounting to a violation of Section 76-5-207:
159          (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
160     body any measurable amount of a controlled substance; and
161          (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
162     causing serious bodily injury as defined in Section 76-1-601 or the death of another.
163          (h) A person who violates Subsection (2)(g) by having in the person's body:
164          (i) a controlled substance classified under Schedule I, other than those described in
165     Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
166     degree felony;
167          (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
168     58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
169     degree felony; or

170          (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
171     A misdemeanor.
172          (i) A person is guilty of a separate offense for each victim suffering serious bodily
173     injury or death as a result of the person's negligent driving in violation of Subsection
174     58-37-8(2)(g) whether or not the injuries arise from the same episode of driving.
175          (j) The Administrative Office of the Courts shall report to the Division of Occupational
176     and Professional Licensing the name, case number, date of conviction, and if known, the date
177     of birth of each person convicted of violating Subsection (2)(a).
178          (3) Prohibited acts C -- Penalties:
179          (a) It is unlawful for any person knowingly and intentionally:
180          (i) to use in the course of the manufacture or distribution of a controlled substance a
181     license number which is fictitious, revoked, suspended, or issued to another person or, for the
182     purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
183     manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
184     person;
185          (ii) to acquire or obtain possession of, to procure or attempt to procure the
186     administration of, to obtain a prescription for, to prescribe or dispense to any person known to
187     be attempting to acquire or obtain possession of, or to procure the administration of any
188     controlled substance by misrepresentation or failure by the person to disclose receiving any
189     controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
190     prescription or written order for a controlled substance, or the use of a false name or address;
191          (iii) to make any false or forged prescription or written order for a controlled substance,
192     or to utter the same, or to alter any prescription or written order issued or written under the
193     terms of this chapter; or
194          (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
195     to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
196     device of another or any likeness of any of the foregoing upon any drug or container or labeling
197     so as to render any drug a counterfeit controlled substance.

198          (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
199     misdemeanor.
200          (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
201     degree felony.
202          (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
203          (4) Prohibited acts D -- Penalties:
204          (a) Notwithstanding other provisions of this section, a person not authorized under this
205     chapter who commits any act that is unlawful under Subsection (1)(a), Section 58-37a-5, or
206     Section 58-37b-4 is upon conviction subject to the penalties and classifications under this
207     Subsection (4) if the trier of fact finds the act is committed:
208          (i) in a public or private elementary or secondary school or on the grounds of any of
209     those schools during the hours of 6 a.m. through 10 p.m.;
210          (ii) in a public or private vocational school or postsecondary institution or on the
211     grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
212          (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
213     facility's hours of operation;
214          (iv) in a public park, amusement park, arcade, or recreation center when the public or
215     amusement park, arcade, or recreation center is open to the public;
216          (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
217          (vi) in or on the grounds of a library when the library is open to the public;
218          (vii) within any area that is within 100 feet of any structure, facility, or grounds
219     included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
220          (viii) in the presence of a person younger than 18 years of age, regardless of where the
221     act occurs; or
222          (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
223     distribution of a substance in violation of this section to an inmate or on the grounds of any
224     correctional facility as defined in Section 76-8-311.3.
225          (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony

226     and shall be imprisoned for a term of not less than five years if the penalty that would
227     otherwise have been established but for this Subsection (4) would have been a first degree
228     felony.
229          (ii) Imposition or execution of the sentence may not be suspended, and the person is
230     not eligible for probation.
231          (c) If the classification that would otherwise have been established would have been
232     less than a first degree felony but for this Subsection (4), a person convicted under this
233     Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
234     offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
235          (d) (i) If the violation is of Subsection (4)(a)(ix):
236          (A) the person may be sentenced to imprisonment for an indeterminate term as
237     provided by law, and the court shall additionally sentence the person convicted for a term of
238     one year to run consecutively and not concurrently; and
239          (B) the court may additionally sentence the person convicted for an indeterminate term
240     not to exceed five years to run consecutively and not concurrently; and
241          (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
242     the mental state required for the commission of an offense, directly or indirectly solicits,
243     requests, commands, coerces, encourages, or intentionally aids another person to commit a
244     violation of Subsection (4)(a)(ix).
245          (e) It is not a defense to a prosecution under this Subsection (4) that the actor
246     mistakenly believed the individual to be 18 years of age or older at the time of the offense or
247     was unaware of the individual's true age; nor that the actor mistakenly believed that the
248     location where the act occurred was not as described in Subsection (4)(a) or was unaware that
249     the location where the act occurred was as described in Subsection (4)(a).
250          (5) Any violation of this chapter for which no penalty is specified is a class B
251     misdemeanor.
252          (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
253     guilty or no contest to a violation or attempted violation of this section or a plea which is held

254     in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
255     even if the charge has been subsequently reduced or dismissed in accordance with the plea in
256     abeyance agreement.
257          (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
258     conviction that is:
259          (i) from a separate criminal episode than the current charge; and
260          (ii) from a conviction that is separate from any other conviction used to enhance the
261     current charge.
262          (7) A person may be charged and sentenced for a violation of this section,
263     notwithstanding a charge and sentence for a violation of any other section of this chapter.
264          (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
265     lieu of, any civil or administrative penalty or sanction authorized by law.
266          (b) Where violation of this chapter violates a federal law or the law of another state,
267     conviction or acquittal under federal law or the law of another state for the same act is a bar to
268     prosecution in this state.
269          (9) In any prosecution for a violation of this chapter, evidence or proof which shows a
270     person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
271     substance or substances, is prima facie evidence that the person or persons did so with
272     knowledge of the character of the substance or substances.
273          (10) This section does not prohibit a veterinarian, in good faith and in the course of the
274     veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
275     administering controlled substances or from causing the substances to be administered by an
276     assistant or orderly under the veterinarian's direction and supervision.
277          (11) Civil or criminal liability may not be imposed under this section on:
278          (a) any person registered under this chapter who manufactures, distributes, or possesses
279     an imitation controlled substance for use as a placebo or investigational new drug by a
280     registered practitioner in the ordinary course of professional practice or research; or
281          (b) any law enforcement officer acting in the course and legitimate scope of the

282     officer's employment.
283          (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
284     as defined in Subsection 58-37-2(1)(v), who uses, possesses, or transports peyote for bona fide
285     traditional ceremonial purposes in connection with the practice of a traditional Indian religion
286     as defined in Subsection 58-37-2(1)(w).
287          (b) In a prosecution alleging violation of this section regarding peyote as defined in
288     Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
289     possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
290     connection with the practice of a traditional Indian religion.
291          (c) (i) The defendant shall provide written notice of intent to claim an affirmative
292     defense under this Subsection (12) as soon as practicable, but not later than 10 days prior to
293     trial.
294          (ii) The notice shall include the specific claims of the affirmative defense.
295          (iii) The court may waive the notice requirement in the interest of justice for good
296     cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
297          (d) The defendant shall establish the affirmative defense under this Subsection (12) by
298     a preponderance of the evidence. If the defense is established, it is a complete defense to the
299     charges.
300          (13) (a) It is an affirmative defense that the person produced, possessed, or
301     administered a controlled substance listed in Section 58-37-4.2 if the person:
302          (i) was engaged in medical research; and
303          (ii) was a holder of a valid license to possess controlled substances under Section
304     58-37-6.
305          (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
306     a controlled substance listed in Section 58-37-4.2.
307          (14) It is an affirmative defense that the person possessed, in the person's body, a
308     controlled substance listed in Section 58-37-4.2 if:
309          (a) the person was the subject of medical research conducted by a holder of a valid

310     license to possess controlled substances under Section 58-37-6; and
311          (b) the substance was administered to the person by the medical researcher.
312          (15) The application of any increase in penalty under this section to a violation of
313     Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
314     Subsection (15) takes precedence over any conflicting provision of this section.
315          (16) (a) It is an affirmative defense to an allegation of the commission of an offense
316     listed in Subsection (16)(b) that the person:
317          (i) reasonably believes that the person or another person is experiencing an overdose
318     event due to the ingestion, injection, inhalation, or other introduction into the human body of a
319     controlled substance or other substance;
320          (ii) reports in good faith the overdose event to a medical provider, an emergency
321     medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
322     emergency call system, or an emergency dispatch system, or the person is the subject of a
323     report made under this Subsection (16);
324          (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
325     actual location of the overdose event that facilitates responding to the person experiencing the
326     overdose event;
327          (iv) remains at the location of the person experiencing the overdose event until a
328     responding law enforcement officer or emergency medical service provider arrives, or remains
329     at the medical care facility where the person experiencing an overdose event is located until a
330     responding law enforcement officer arrives;
331          (v) cooperates with the responding medical provider, emergency medical service
332     provider, and law enforcement officer, including providing information regarding the person
333     experiencing the overdose event and any substances the person may have injected, inhaled, or
334     otherwise introduced into the person's body; and
335          (vi) is alleged to have committed the offense in the same course of events from which
336     the reported overdose arose.
337          (b) The offenses referred to in Subsection (16)(a) are:

338          (i) the possession or use of less than 16 ounces of marijuana;
339          (ii) the possession or use of a scheduled or listed controlled substance other than
340     marijuana; and
341          (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
342     Imitation Controlled Substances Act.
343          (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
344     include seeking medical assistance under this section during the course of a law enforcement
345     agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
346          (17) If any provision of this chapter, or the application of any provision to any person
347     or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
348     invalid provision or application.
349          (18) A legislative body of a political subdivision may not enact an ordinance that is
350     less restrictive than any provision of this chapter.
351          (19) (a) If a minor who is under 18 years of age is found by a court to have violated this
352     section and the violation is the minor's first violation of this section, the court may:
353          (i) order the minor to complete a screening as defined in Section 41-6a-501;
354          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
355     screening indicates an assessment to be appropriate; and
356          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
357     or substance abuse treatment as indicated by an assessment.
358          (b) If a minor who is under 18 years of age is found by a court to have violated this
359     section and the violation is the minor's second or subsequent violation of this section, the court
360     shall:
361          (i) order the minor to complete a screening as defined in Section 41-6a-501;
362          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
363     screening indicates an assessment to be appropriate; and
364          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
365     or substance abuse treatment as indicated by an assessment.

366          Section 3. Section 58-37f-201 is amended to read:
367          58-37f-201. Controlled substance database -- Creation -- Purpose.
368          (1) There is created within the division a controlled substance database.
369          (2) The division shall administer and direct the functioning of the database in
370     accordance with this chapter.
371          (3) The division may, under state procurement laws, contract with another state agency
372     or a private entity to establish, operate, or maintain the database.
373          (4) The division shall, in collaboration with the board, determine whether to operate
374     the database within the division or contract with another entity to operate the database, based
375     on an analysis of costs and benefits.
376          (5) The purpose of the database is to contain:
377          (a) the data described in Section 58-37f-203 regarding every prescription for a
378     controlled substance dispensed in the state to any individual other than an inpatient in a
379     licensed health care facility[.];
380          (b) data reported to the division under Section 26-21-26 regarding poisoning or
381     overdose;
382          (c) data reported to the division under Subsection 41-6a-502(4) or 41-6a-502.5(5)(b)
383     regarding convictions for driving under the influence of a prescribed controlled substance or
384     impaired driving; and
385          (d) data reported to the division under Subsection 58-37-8(1)(e) or 58-37-8(2)(j)
386     regarding certain violations of the Utah Controlled Substances Act.
387          (6) The division shall maintain the database in an electronic file or by other means
388     established by the division to facilitate use of the database for identification of:
389          (a) prescribing practices and patterns of prescribing and dispensing controlled
390     substances;
391          (b) practitioners prescribing controlled substances in an unprofessional or unlawful
392     manner;
393          (c) individuals receiving prescriptions for controlled substances from licensed

394     practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet
395     in quantities or with a frequency inconsistent with generally recognized standards of dosage for
396     that controlled substance; [and]
397          (d) individuals presenting forged or otherwise false or altered prescriptions for
398     controlled substances to a pharmacy[.];
399          (e) individuals admitted to a general acute hospital for poisoning or overdose involving
400     a prescribed controlled substance; and
401          (f) individuals convicted for:
402          (i) driving under the influence of a prescribed controlled substance that renders the
403     individual incapable of safely operating a vehicle;
404          (ii) driving while impaired, in whole or in part, by a prescribed controlled substance; or
405          (iii) certain violations of the Utah Controlled Substances Act.
406          Section 4. Section 58-37f-702 is amended to read:
407          58-37f-702. Entering prescribed controlled substance poisonings and overdoses
408     into the database and reporting them to practitioners.
409          (1) [Beginning on July 1, 2012, if the division] When the database receives a report
410     from a general acute hospital under Section 26-21-26, regarding admission to a general acute
411     hospital for poisoning or overdose involving a prescribed controlled substance, the division
412     shall , within three business days after the day on which the report is received:
413          (a) attempt to identify, through the database, each practitioner who may have
414     prescribed the controlled substance to the patient; and
415          (b) provide each practitioner identified under Subsection (1)(a) with:
416          (i) a copy of the report provided by the general acute hospital under Section 26-21-26;
417     and
418          (ii) the information obtained from the database that led the division to determine that
419     the practitioner receiving the information may have prescribed the controlled substance to the
420     person named in the report.
421          (2) It is the intent of the Legislature that the information provided under Subsection

422     (1)(b) is provided for the purpose of assisting the practitioner in:
423          (a) discussing with the patient issues relating to the poisoning or overdose;
424          (b) advising the patient of measures that may be taken to avoid a future poisoning or
425     overdose; and
426          (c) making decisions regarding future prescriptions written for the patient.
427          (3) Beginning on July 1, 2010, the division shall, in accordance with Section
428     63J-1-504, increase the licensing fee described in Subsection 58-37-6(1)(b) to pay the startup
429     and ongoing costs of the division for complying with the requirements of this section.
430          Section 5. Section 58-37f-703 is amended to read:
431          58-37f-703. Entering certain convictions into the database and reporting them to
432     practitioners.
433          (1) [Beginning on July 1, 2012, if] When the division receives a report from a court
434     under Subsection 41-6a-502(4) or 41-6a-502.5(5)(b) relating to a conviction for driving under
435     the influence of, or while impaired by, a prescribed controlled substance, the division shall:
436          (a) daily enter into the database the information supplied in the report, including the
437     date on which the person was convicted;
438          [(a)] (b) attempt to identify, through the database, each practitioner who may have
439     prescribed the controlled substance to the convicted person; and
440          [(b)] (c) provide each practitioner identified under Subsection (1)[(a)](b) with:
441          (i) a copy of the information provided by the court; and
442          (ii) the information obtained from the database that led the division to determine that
443     the practitioner receiving the information may have prescribed the controlled substance to the
444     convicted person.
445          (2) It is the intent of the Legislature that the information provided under Subsection
446     (1)(b) is provided for the purpose of assisting the practitioner in:
447          (a) discussing the manner in which the controlled substance may impact the convicted
448     person's driving;
449          (b) advising the convicted person on measures that may be taken to avoid adverse

450     impacts of the controlled substance on future driving; and
451          (c) making decisions regarding future prescriptions written for the convicted person.
452          (3) Beginning on July 1, 2010, the division shall, in accordance with Section
453     63J-1-504, increase the licensing fee described in Subsection 58-37-6(1)(b) to pay the startup
454     and ongoing costs of the division for complying with the requirements of this section.
455          Section 6. Section 58-37f-704 is enacted to read:
456          58-37f-704. Entering certain convictions into the database.
457          Beginning October 1, 2016, if the division receives a report from a court under
458     Subsection 58-37-8(1)(e) or 58-37-8(2)(j), the division shall daily enter into the database the
459     information supplied in the report.
460          Section 7. Coordinating H.B. 114 with H.B. 149 -- Superseding technical and
461     substantive amendments.
462          If this H.B. 114 and H.B. 149, Reporting Death Involving Controlled Substance
463     Amendments, both pass and become law, it is the intent of the Legislature that the amendments
464     to Subsection 58-37f-702(1) in H.B. 149 supersede the amendments to Subsection
465     58-37f-702(1) in this bill when the Office of Legislative Research and General Counsel
466     prepares the Utah Code database for publication.