Utah Legislature HB0399S03

Senator Evan J. Vickers proposes the following substitute bill:

1     OPIOID ABUSE PREVENTION AND TREATMENT AMENDMENTS
2     2018 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Steve Eliason
5     Senate Sponsor: Evan J. Vickers
6

7     LONG TITLE
8     General Description:
9          This bill requires a warning label and informational pamphlet to be distributed with an
10     opiate prescription.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the Department of Health to develop a pamphlet with information about
14     opiates; and
15          ▸     requires a pharmacist who is dispensing certain prescriptions for an opiate to affix a
16     warning label and to display an informational brochure.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-37-7, as last amended by Laws of Utah 2004, Chapter 241
24     ENACTS:
25          26-55-109, Utah Code Annotated 1953

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 26-55-109 is enacted to read:
29          26-55-109. Opiate abuse prevention pamphlet.
30          (1) As funding is available, the department shall produce and distribute, in conjunction
31     with the Division of Substance Abuse and Mental Health, a pamphlet about opiates that
32     includes information regarding:
33          (a) the risk of dependency and addiction;
34          (b) methods for proper storage and disposal;
35          (c) alternative options for pain management;
36          (d) the benefits of and ways to obtain naloxone; and
37          (e) resources if the patient believes that the patient has a substance abuse disorder.
38          (2) The pamphlet described in Subsection (1) shall be:
39          (a) evaluated periodically for effectiveness at conveying necessary information and
40     revised accordingly;
41          (b) written in simple and understandable language; and
42          (c) available in English and other languages that the department determines to be
43     appropriate and necessary.
44          Section 2. Section 58-37-7 is amended to read:
45          58-37-7. Labeling and packaging controlled substance.
46          (1) A person licensed pursuant to this act may not distribute a controlled substance
47     unless it is packaged and labeled in compliance with the requirements of Section 305 of the
48     Federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
49          (2) No person except a pharmacist for the purpose of filling a prescription shall alter,
50     deface, or remove any label affixed by the manufacturer.
51          (3) Whenever a pharmacist sells or dispenses any controlled substance on a
52     prescription issued by a practitioner, [he] the pharmacist shall affix to the container in which
53     the substance is sold or dispensed:
54          (a) a label showing the:
55          (i) pharmacy name and address;
56          (ii) serial number; and

57          (iii) date of initial filling;
58          (b) the prescription number, the name of the patient, or if the patient is an animal, the
59     name of the owner of the animal and the species of the animal;
60          (c) the name of the practitioner by whom the prescription was written;
61          (d) any directions stated on the prescription; and
62          (e) any directions required by rules and regulations promulgated by the department.
63          (4) Whenever a pharmacist sells or dispenses a Schedule II or Schedule III controlled
64     substance that is an opiate, a pharmacist shall affix a warning to the container or the lid for the
65     container in which the substance is sold or dispensed that contains the following text :
66          (a) "Caution: Opioid. Risk of overdose and addiction"; or
67          (b) any other language that is approved by the Department of Health.
68          (5) (a) A pharmacist who sells or dispenses a Schedule II or Schedule III controlled
69     substance that is an opiate shall, if available from the Department of Health, prominently
70     display at the point of sale the informational pamphlet developed by the Department of Health
71     under Section 26-55-109.
72          (b) The board and the Department of Health shall encourage pharmacists to use the
73     informational pamphlet to engage in patient counseling regarding the risks associated with
74     taking opiates.
75          (c) The requirement in Subsection (5)(a) does not apply to a pharmacist if the
76     pharmacist is unable to obtain the informational pamphlet from the Department of Health for
77     any reason.
78          [~~(4)~~] (6) A person may not alter the face or remove any label so long as any of the
79     original contents remain.
80          [~~(5)~~] (7) (a) An individual to whom or for whose use any controlled substance has been
81     prescribed, sold, or dispensed by a practitioner and the owner of any animal for which any
82     controlled substance has been prescribed, sold, or dispensed by a veterinarian may lawfully
83     possess it only in the container in which it was delivered to [~~him~~] the individual by the person
84     selling or dispensing it.
85          (b) It is a defense to a prosecution under this subsection that the person being
86     prosecuted produces in court a valid prescription for the controlled substance or the original
87     container with the label attached.