Representative LaVar Christensen proposes the following substitute bill:




Chief Sponsor: LaVar Christensen

Senate Sponsor: Brian E. Shiozawa


8     General Description:
9          This bill requires prescribers and dispensers to use the controlled substance database to
10     determine whether a patient may be abusing opioids.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends the Controlled Substances Database Act to promote utilization of the
15     controlled substances database to prevent opioid abuse;
16          ▸     requires a dispenser to contact the prescriber if the controlled substance database
17     suggests potential prescription drug abuse;
18          ▸     limits liability for prescribers and dispensers who contribute to and use the
19     database; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          58-37f-701, as enacted by Laws of Utah 2010, Chapter 287
28     ENACTS:
29          58-37f-303, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 58-37f-303 is enacted to read:
Part 3. Access and Utilization

34          58-37f-303. Database utilization.
35          (1) As used in this section:
36          (a) "Dispenser" means a licensed pharmacist, as described in Section 58-17b-303, or
37     the pharmacist's licensed intern, as described in Section 58-17b-304, who is also licensed to
38     dispense a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.
39          (b) "Opioid" means those substances listed in Subsection 58-37-4(2)(b)(i) or (2)(b)(ii).
40          (c) "Outpatient" means a setting in which an individual visits a licensed healthcare
41     facility or a healthcare provider's office for a diagnosis or treatment but is not admitted to a
42     licensed healthcare facility for an overnight stay.
43          (d) "Prescriber" means an individual authorized to prescribe a controlled substance
44     under Title 58, Chapter 37, Utah Controlled Substances Act.
45          (2) To address the serious public health concern of life-altering and life-threatening
46     opioid abuse and overdose, and to achieve the purposes of this chapter and as described in
47     Section 58-37f-201, which includes identifying and reducing the prescribing and dispensing of
48     opioids in an unprofessional or unlawful manner or in quantities or frequencies inconsistent
49     with generally recognized standards of dosage for an opioid, through utilization of the carefully
50     developed and highly respected database:
51          (a) A prescriber or dispenser of an opioid for outpatient usage shall access and review
52     the database to achieve the purpose of this chapter as described in Section 58-37f-201.
53          (b) a prescriber may assign the access and review required under Subsection (3)(a) to
54     an employees, in accordance with Subsections 58-37f-301(2)(g) and (h).
55          (3) The division shall, in collaboration with the licensing boards for prescribers and
56     dispensers:

57          (a) develop a system that gathers and reports to prescribers and dispensers the progress
58     and results of the prescriber's and dispenser's individual access and review of the database, as
59     provided in this section; and
60          (b) reduce or waive the division's continuing education requirements regarding opioid
61     prescriptions, described in Section 58-37-6.5, including the online tutorial and test relating to
62     the database, for prescribers and dispensers whose individual utilization of the database
63     contribute to the life-saving and public safety purposes of this section and as described in
64     Subsection (2).
65          (4) If the dispenser's access and review of the database suggest that the individual
66     seeking an opioid may be obtaining opioids in quantities or frequencies inconsistent with
67     generally recognized standards as provided in this section and Section 58-37f-201, the
68     dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's informed,
69     current, and professional decision regarding whether the prescribed opioid is medically
70     justified, notwithstanding the results of the database search.
71          Section 2. Section 58-37f-701 is amended to read:
72          58-37f-701. Immunity from liability.
73          (1) An individual who has submitted information to or accessed and reviewed the
74     database in accordance with this [section] chapter may not be held civilly liable [for having
75     submitted the information], including under Title 78B, Chapter 3, Part 4, Utah Health Care
76     Malpractice Act, for such actions, or a lack of action, which are protected and are not subject to
77     civil discovery, as provided in Section 58-37f-302.
78          (2) Notwithstanding any other provision of law, any action or lack of action by a
79     prescriber or dispenser to meet the requirements of Section 58-37f-303 may not be used by the
80     division in any action against the prescriber or dispenser.
81          (3) Nothing in Section 58-37f-303 establishes a minimum standard of care for
82     prescribers.