H.B. 114 Controlled Substance Reporting
| Bill Sponsor:  Rep. Ward, Raymond P. | Floor Sponsor:  Sen. Vickers, Evan J. |
- Drafting Attorney: Cathy J. Dupont
- Fiscal Analyst: Gary R. Syphus
- Bill Text
- Introduced
- Amended
- Enrolled (Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 21 Mar 2016, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 10 May 2016
- Session Law Chapter: 099
- Similar Bills
Enrolled
Printer FriendlyH.B. 114
1 CONTROLLED SUBSTANCE REPORTING
22016 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Raymond P. Ward
5Senate 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.
2
3
4
5
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) [
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; [
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[
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 [
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; [
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) [
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) [
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 [
439 prescribed the controlled substance to the convicted person; and
440 [
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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 1/5/2016 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 1/5/2016 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 1/5/2016 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 1/13/2016 | House/ received bill from Legislative Research | Clerk of the House | |
| 1/13/2016 | LFA/ fiscal note sent to sponsor | Clerk of the House | |
| 1/15/2016 | LFA/ fiscal note publicly available | Clerk of the House | |
| 1/20/2016 | House/ received fiscal note from Fiscal Analyst | Clerk of the House | |
| 1/25/2016 | House/ 1st reading (Introduced) | House Rules Committee | |
| 1/27/2016 | House/ to standing committee | House Health and Human Services Committee | |
| 2/1/2016 | House Comm - Amendment Recommendation | House Health and Human Services Committee | |
| 2/1/2016 | House Comm - Favorable Recommendation | House Health and Human Services Committee | 11 0 1 |
| 2/2/2016 (12:30:17 PM) | House/ comm rpt/ amended | House Health and Human Services Committee | |
| 2/2/2016 (12:30:18 PM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
| 2/11/2016 (3:07:14 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
| 2/11/2016 (3:08:11 PM) | House/ floor amendment # 2 | House 3rd Reading Calendar for House bills | Voice vote |
| 2/11/2016 (3:14:47 PM) | House/ passed 3rd reading | Senate Secretary | 69 0 6 |
| 2/11/2016 (3:14:49 PM) | House/ to Senate | Senate Secretary | |
| 2/12/2016 | Senate/ received from House | Waiting for Introduction in the Senate | |
| 2/12/2016 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 2/17/2016 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 2/25/2016 | Senate Comm - Not Considered | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 2/29/2016 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 5 0 2 |
| 3/1/2016 (10:16:42 AM) | Senate/ committee report favorable | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 3/1/2016 (10:16:43 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/8/2016 (11:37:44 AM) | Senate/ 2nd & 3rd readings/ suspension | Senate 2nd Reading Calendar | |
| 3/8/2016 (11:38:48 AM) | Senate/ floor amendment # 4 | Senate 2nd Reading Calendar | Voice vote |
| 3/8/2016 (11:41:27 AM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 23 0 6 |
| 3/8/2016 (3:56:23 PM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/9/2016 (10:00:26 AM) | Senate/ passed 2nd & 3rd readings/ suspension | Clerk of the House | 24 0 5 |
| 3/9/2016 (10:00:27 AM) | Senate/ to House with amendments | Clerk of the House | |
| 3/9/2016 (11:52:55 AM) | House/ received from Senate | Clerk of the House | |
| 3/9/2016 (11:52:56 AM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
| 3/9/2016 (2:22:21 PM) | House/ concurs with Senate amendment | Senate President | 65 0 10 |
| 3/9/2016 (2:22:22 PM) | House/ to Senate | Senate President | |
| 3/9/2016 | Senate/ received from House | Senate President | |
| 3/9/2016 | Senate/ signed by President/ returned to House | House Speaker | |
| 3/9/2016 | Senate/ to House | House Speaker | |
| 3/9/2016 | House/ received from Senate | House Speaker | |
| 3/9/2016 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/10/2016 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/11/2016 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/15/2016 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
| 3/15/2016 | House/ enrolled bill to Printing | Clerk of the House | |
| 3/16/2016 | House/ to Governor | Executive Branch - Governor | |
| 3/21/2016 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings