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          None
33     Utah Code Sections Affected:
34     AMENDS:
35          26-21-26, as enacted by Laws of Utah 2010, Chapter 290
36          58-37-8, as last amended by Laws of Utah 2015, Chapters 165 and 412
37          58-37f-201, as enacted by Laws of Utah 2010, Chapter 287
38          58-37f-702, as enacted by Laws of Utah 2010, Chapter 290 and renumbered and
39     amended by Coordination Clause, Laws of Utah 2010, Chapter 290
40          58-37f-703, as enacted by Laws of Utah 2010, Chapter 109 and renumbered and
41     amended by Coordination Clause, Laws of Utah 2010, Chapter 109
42     ENACTS:
43          58-37f-704, Utah Code Annotated 1953
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 26-21-26 is amended to read:
47          26-21-26. General acute hospital to report prescribed controlled substance
48     poisoning or overdose.
49          (1) Beginning on July 1, 2012, if a person who is 12 years of age or older is admitted to
50     a general acute hospital for poisoning or overdose involving a prescribed controlled substance,
51     the general acute hospital shall, within three business days after the day on which the person is
52     admitted, send a written report to the Division of Occupational and Professional Licensing,
53     created in Section 58-1-103, that includes:
54          (a) the patient's name and date of birth;
55          (b) each drug or other substance found in the person's system that may have
56     contributed to the poisoning or overdose, if known; [and]
57          (c) the name of each person who the general acute hospital has reason to believe may
58     have prescribed a controlled substance described in Subsection (1)(b) to the person, if

59     known[.]; and
60          (d) the name of the hospital and the date of admission.
61          (2) Nothing in this section may be construed as creating a new cause of action.
62          Section 2. Section 58-37-8 is amended to read:
63          58-37-8. Prohibited acts -- Penalties.
64          (1) Prohibited acts A -- Penalties and reporting:
65          (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
66     intentionally:
67          (i) produce, manufacture, or dispense, or to possess with intent to produce,
68     manufacture, or dispense, a controlled or counterfeit substance;
69          (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
70     arrange to distribute a controlled or counterfeit substance;
71          (iii) possess a controlled or counterfeit substance with intent to distribute; or
72          (iv) engage in a continuing criminal enterprise where:
73          (A) the person participates, directs, or engages in conduct [which] that results in any
74     violation of any provision of Title 58, Chapters 37, Utah Controlled Substances Act, 37a, Utah
75     Drug Paraphernalia Act, 37b, Imitation Controlled Substances Act, 37c, Utah Controlled
76     Substance Precursor Act, or 37d, Clandestine Drug Lab Act, that is a felony; and
77          (B) the violation is a part of a continuing series of two or more violations of Title 58,
78     Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
79     Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
80     Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
81     more persons with respect to whom the person occupies a position of organizer, supervisor, or
82     any other position of management.
83          (b) Any person convicted of violating Subsection (1)(a) with respect to:
84          (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
85     substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
86     degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
87     subsequent conviction is guilty of a first degree felony;
88          (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
89     marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and

90     upon a second or subsequent conviction is guilty of a second degree felony; or
91          (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
92     class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
93     felony.
94          (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
95     may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
96     of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on his
97     person or in his immediate possession during the commission or in furtherance of the offense,
98     the court shall additionally sentence the person convicted for a term of one year to run
99     consecutively and not concurrently; and the court may additionally sentence the person
100     convicted for an indeterminate term not to exceed five years to run consecutively and not
101     concurrently.
102          (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
103     felony punishable by imprisonment for an indeterminate term of not less than seven years and
104     which may be for life. Imposition or execution of the sentence may not be suspended, and the
105     person is not eligible for probation.
106          (e) Each month, the name, the case number, and, if known, the date of birth of each
107     person convicted during the preceding month of violating Subsection (2)(a) shall be reported
108     by the court in which the conviction was made to the Division of Occupational and
109     Professional Licensing.
110          (2) Prohibited acts B -- Penalties and reporting:
111          (a) It is unlawful:
112          (i) for any person knowingly and intentionally to possess or use a controlled substance
113     analog or a controlled substance, unless it was obtained under a valid prescription or order,
114     directly from a practitioner while acting in the course of the person's professional practice, or as
115     otherwise authorized by this chapter;
116          (ii) for any owner, tenant, licensee, or person in control of any building, room,
117     tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
118     be occupied by persons unlawfully possessing, using, or distributing controlled substances in
119     any of those locations; or
120          (iii) for any person knowingly and intentionally to possess an altered or forged

121     prescription or written order for a controlled substance.
122          (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
123          (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
124     or
125          (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
126     of a class A misdemeanor on a first or second conviction, and on a third or subsequent
127     conviction is guilty of a third degree felony.
128          (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
129     conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
130     penalty than provided in this Subsection (2).
131          (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
132     substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
133     58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
134     person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
135     person is guilty of a third degree felony.
136          (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
137     boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
138     any public jail or other place of confinement shall be sentenced to a penalty one degree greater
139     than provided in Subsection (2)(b), and if the conviction is with respect to controlled
140     substances as listed in:
141          (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
142     indeterminate term as provided by law, and:
143          (A) the court shall additionally sentence the person convicted to a term of one year to
144     run consecutively and not concurrently; and
145          (B) the court may additionally sentence the person convicted for an indeterminate term
146     not to exceed five years to run consecutively and not concurrently; and
147          (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
148     indeterminate term as provided by law, and the court shall additionally sentence the person
149     convicted to a term of six months to run consecutively and not concurrently.
150          (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
151          (i) on a first conviction, guilty of a class B misdemeanor;

152          (ii) on a second conviction, guilty of a class A misdemeanor; and
153          (iii) on a third or subsequent conviction, guilty of a third degree felony.
154          (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
155     amounting to a violation of Section 76-5-207:
156          (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
157     body any measurable amount of a controlled substance; and
158          (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
159     causing serious bodily injury as defined in Section 76-1-601 or the death of another.
160          (h) A person who violates Subsection (2)(g) by having in the person's body:
161          (i) a controlled substance classified under Schedule I, other than those described in
162     Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
163     degree felony;
164          (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
165     58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
166     degree felony; or
167          (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
168     A misdemeanor.
169          (i) A person is guilty of a separate offense for each victim suffering serious bodily
170     injury or death as a result of the person's negligent driving in violation of Subsection
171     58-37-8(2)(g) whether or not the injuries arise from the same episode of driving.
172          (j) Each month, the name, the case number, and, if known, the date of birth of each
173     person convicted during the preceding month of violating Subsection (2)(a) shall be reported
174     by the court in which the conviction was made to the Division of Occupational and
175     Professional Licensing.
176          (3) Prohibited acts C -- Penalties:
177          (a) It is unlawful for any person knowingly and intentionally:
178          (i) to use in the course of the manufacture or distribution of a controlled substance a
179     license number which is fictitious, revoked, suspended, or issued to another person or, for the
180     purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
181     manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
182     person;

183          (ii) to acquire or obtain possession of, to procure or attempt to procure the
184     administration of, to obtain a prescription for, to prescribe or dispense to any person known to
185     be attempting to acquire or obtain possession of, or to procure the administration of any
186     controlled substance by misrepresentation or failure by the person to disclose receiving any
187     controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
188     prescription or written order for a controlled substance, or the use of a false name or address;
189          (iii) to make any false or forged prescription or written order for a controlled substance,
190     or to utter the same, or to alter any prescription or written order issued or written under the
191     terms of this chapter; or
192          (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
193     to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
194     device of another or any likeness of any of the foregoing upon any drug or container or labeling
195     so as to render any drug a counterfeit controlled substance.
196          (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
197     misdemeanor.
198          (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
199     degree felony.
200          (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
201          (4) Prohibited acts D -- Penalties:
202          (a) Notwithstanding other provisions of this section, a person not authorized under this
203     chapter who commits any act that is unlawful under Subsection (1)(a), Section 58-37a-5, or
204     Section 58-37b-4 is upon conviction subject to the penalties and classifications under this
205     Subsection (4) if the trier of fact finds the act is committed:
206          (i) in a public or private elementary or secondary school or on the grounds of any of
207     those schools during the hours of 6 a.m. through 10 p.m.;
208          (ii) in a public or private vocational school or postsecondary institution or on the
209     grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
210          (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
211     facility's hours of operation;
212          (iv) in a public park, amusement park, arcade, or recreation center when the public or
213     amusement park, arcade, or recreation center is open to the public;

214          (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
215          (vi) in or on the grounds of a library when the library is open to the public;
216          (vii) within any area that is within 100 feet of any structure, facility, or grounds
217     included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
218          (viii) in the presence of a person younger than 18 years of age, regardless of where the
219     act occurs; or
220          (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
221     distribution of a substance in violation of this section to an inmate or on the grounds of any
222     correctional facility as defined in Section 76-8-311.3.
223          (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
224     and shall be imprisoned for a term of not less than five years if the penalty that would
225     otherwise have been established but for this Subsection (4) would have been a first degree
226     felony.
227          (ii) Imposition or execution of the sentence may not be suspended, and the person is
228     not eligible for probation.
229          (c) If the classification that would otherwise have been established would have been
230     less than a first degree felony but for this Subsection (4), a person convicted under this
231     Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
232     offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
233          (d) (i) If the violation is of Subsection (4)(a)(ix):
234          (A) the person may be sentenced to imprisonment for an indeterminate term as
235     provided by law, and the court shall additionally sentence the person convicted for a term of
236     one year to run consecutively and not concurrently; and
237          (B) the court may additionally sentence the person convicted for an indeterminate term
238     not to exceed five years to run consecutively and not concurrently; and
239          (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
240     the mental state required for the commission of an offense, directly or indirectly solicits,
241     requests, commands, coerces, encourages, or intentionally aids another person to commit a
242     violation of Subsection (4)(a)(ix).
243          (e) It is not a defense to a prosecution under this Subsection (4) that the actor
244     mistakenly believed the individual to be 18 years of age or older at the time of the offense or

245     was unaware of the individual's true age; nor that the actor mistakenly believed that the
246     location where the act occurred was not as described in Subsection (4)(a) or was unaware that
247     the location where the act occurred was as described in Subsection (4)(a).
248          (5) Any violation of this chapter for which no penalty is specified is a class B
249     misdemeanor.
250          (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
251     guilty or no contest to a violation or attempted violation of this section or a plea which is held
252     in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
253     even if the charge has been subsequently reduced or dismissed in accordance with the plea in
254     abeyance agreement.
255          (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
256     conviction that is:
257          (i) from a separate criminal episode than the current charge; and
258          (ii) from a conviction that is separate from any other conviction used to enhance the
259     current charge.
260          (7) A person may be charged and sentenced for a violation of this section,
261     notwithstanding a charge and sentence for a violation of any other section of this chapter.
262          (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
263     lieu of, any civil or administrative penalty or sanction authorized by law.
264          (b) Where violation of this chapter violates a federal law or the law of another state,
265     conviction or acquittal under federal law or the law of another state for the same act is a bar to
266     prosecution in this state.
267          (9) In any prosecution for a violation of this chapter, evidence or proof which shows a
268     person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
269     substance or substances, is prima facie evidence that the person or persons did so with
270     knowledge of the character of the substance or substances.
271          (10) This section does not prohibit a veterinarian, in good faith and in the course of the
272     veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
273     administering controlled substances or from causing the substances to be administered by an
274     assistant or orderly under the veterinarian's direction and supervision.
275          (11) Civil or criminal liability may not be imposed under this section on:

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

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

338     marijuana; and
339          (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
340     Imitation Controlled Substances Act.
341          (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
342     include seeking medical assistance under this section during the course of a law enforcement
343     agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
344          (17) If any provision of this chapter, or the application of any provision to any person
345     or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
346     invalid provision or application.
347          (18) A legislative body of a political subdivision may not enact an ordinance that is
348     less restrictive than any provision of this chapter.
349          (19) (a) If a minor who is under 18 years of age is found by a court to have violated this
350     section and the violation is the minor's first violation of this section, the court may:
351          (i) order the minor to complete a screening as defined in Section 41-6a-501;
352          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
353     screening indicates an assessment to be appropriate; and
354          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
355     or substance abuse treatment as indicated by an assessment.
356          (b) If a minor who is under 18 years of age is found by a court to have violated this
357     section and the violation is the minor's second or subsequent violation of this section, the court
358     shall:
359          (i) order the minor to complete a screening as defined in Section 41-6a-501;
360          (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
361     screening indicates an assessment to be appropriate; and
362          (iii) order the minor to complete an educational series as defined in Section 41-6a-501
363     or substance abuse treatment as indicated by an assessment.
364          Section 3. Section 58-37f-201 is amended to read:
365          58-37f-201. Controlled substance database -- Creation -- Purpose.
366          (1) There is created within the division a controlled substance database.
367          (2) The division shall administer and direct the functioning of the database in
368     accordance with this chapter.

369          (3) The division may, under state procurement laws, contract with another state agency
370     or a private entity to establish, operate, or maintain the database.
371          (4) The division shall, in collaboration with the board, determine whether to operate
372     the database within the division or contract with another entity to operate the database, based
373     on an analysis of costs and benefits.
374          (5) The purpose of the database is to contain:
375          (a) the data described in Section 58-37f-203 regarding every prescription for a
376     controlled substance dispensed in the state to any individual other than an inpatient in a
377     licensed health care facility[.];
378          (b) data reported to the division under Section 26-21-26 regarding poisoning or
379     overdose;
380          (c) data reported to the division under Subsection 41-6a-502(4) or 41-6a-502.5(5)(b)
381     regarding convictions for driving under the influence of a prescribed controlled substance or
382     impaired driving; and
383          (d) data reported to the division under Subsection 58-37-8(1)(e) or 58-37-8(2)(j)
384     regarding certain violations of the Utah Controlled Substances Act.
385          (6) The division shall maintain the database in an electronic file or by other means
386     established by the division to facilitate use of the database for identification of:
387          (a) prescribing practices and patterns of prescribing and dispensing controlled
388     substances;
389          (b) practitioners prescribing controlled substances in an unprofessional or unlawful
390     manner;
391          (c) individuals receiving prescriptions for controlled substances from licensed
392     practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet
393     in quantities or with a frequency inconsistent with generally recognized standards of dosage for
394     that controlled substance; [and]
395          (d) individuals presenting forged or otherwise false or altered prescriptions for
396     controlled substances to a pharmacy[.];
397          (e) individuals admitted to a general acute hospital for poisoning or overdose involving
398     a prescribed controlled substance; and
399          (f) individuals convicted for:

400          (i) driving under the influence of a prescribed controlled substance that renders the
401     individual incapable of safely operating a vehicle;
402          (ii) driving while impaired, in whole or in part, by a prescribed controlled substance; or
403          (iii) certain violations of the Utah Controlled Substances Act.
404          Section 4. Section 58-37f-702 is amended to read:
405          58-37f-702. Entering prescribed controlled substance poisonings and overdoses
406     into the database and reporting them to practitioners.
407          (1) Beginning on July 1, 2012, if the division receives a report from a general acute
408     hospital under Section 26-21-26, regarding admission to a general acute hospital for poisoning
409     or overdose involving a prescribed controlled substance, the division shall immediately enter
410     into the database the information supplied in the report and , within three business days after the
411     day on which the report is received:
412          (a) attempt to identify, through the database, each practitioner who may have
413     prescribed the controlled substance to the patient; and
414          (b) provide each practitioner identified under Subsection (1)(a) with:
415          (i) a copy of the report provided by the general acute hospital under Section 26-21-26;
416     and
417          (ii) the information obtained from the database that led the division to determine that
418     the practitioner receiving the information may have prescribed the controlled substance to the
419     person named in the report.
420          (2) It is the intent of the Legislature that the information provided under Subsection
421     (1)(b) is provided for the purpose of assisting the practitioner in:
422          (a) discussing with the patient issues relating to the poisoning or overdose;
423          (b) advising the patient of measures that may be taken to avoid a future poisoning or
424     overdose; and
425          (c) making decisions regarding future prescriptions written for the patient.
426          (3) Beginning on July 1, 2010, the division shall, in accordance with Section
427     63J-1-504, increase the licensing fee described in Subsection 58-37-6(1)(b) to pay the startup
428     and ongoing costs of the division for complying with the requirements of this section.
429          Section 5. Section 58-37f-703 is amended to read:
430          58-37f-703. Entering certain convictions into the database and reporting them to

431     practitioners.
432          (1) Beginning on July 1, 2012, if the division receives a report from a court under
433     Subsection 41-6a-502(4) or 41-6a-502.5(5)(b) relating to a conviction for driving under the
434     influence of, or while impaired by, a prescribed controlled substance, the division shall:
435          (a) immediately enter into the database the information supplied in the report,
436     including the month during which the person was convicted;
437          [(a)] (b) attempt to identify, through the database, each practitioner who may have
438     prescribed the controlled substance to the convicted person; and
439          [(b)] (c) provide each practitioner identified under Subsection (1)[(a)](b) with:
440          (i) a copy of the information provided by the court; and
441          (ii) the information obtained from the database that led the division to determine that
442     the practitioner receiving the information may have prescribed the controlled substance to the
443     convicted person.
444          (2) It is the intent of the Legislature that the information provided under Subsection
445     (1)(b) is provided for the purpose of assisting the practitioner in:
446          (a) discussing the manner in which the controlled substance may impact the convicted
447     person's driving;
448          (b) advising the convicted person on measures that may be taken to avoid adverse
449     impacts of the controlled substance on future driving; and
450          (c) making decisions regarding future prescriptions written for the convicted person.
451          (3) Beginning on July 1, 2010, the division shall, in accordance with Section
452     63J-1-504, increase the licensing fee described in Subsection 58-37-6(1)(b) to pay the startup
453     and ongoing costs of the division for complying with the requirements of this section.
454          Section 6. Section 58-37f-704 is enacted to read:
455          58-37f-704. Entering certain convictions into the database.
456          Beginning July 1, 2016, if the division receives a report from a court under Subsection
457     58-37-8(1)(e) or 58-37-8(2)(j), the division shall immediately enter into the database the
458     information supplied in the report.






Legislative Review Note
Office of Legislative Research and General Counsel