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8 LONG TITLE
9 General Description:
10 This bill repeals the Online Prescribing, Dispensing, and Facilitation Licensing Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ repeals Title 58, Chapter 83, Online Prescribing, Dispensing, and Facilitation
14 Licensing Act; and
15 ▸ makes conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 26-60-103, as last amended by Laws of Utah 2021, Chapter 64
23 REPEALS:
24 58-83-101, as enacted by Laws of Utah 2010, Chapter 180
25 58-83-102, as last amended by Laws of Utah 2022, Chapter 415
26 58-83-201, as enacted by Laws of Utah 2010, Chapter 180
27 58-83-301, as last amended by Laws of Utah 2022, Chapter 274
28 58-83-302, as last amended by Laws of Utah 2022, Chapter 415
29 58-83-303, as enacted by Laws of Utah 2010, Chapter 180
30 58-83-305, as enacted by Laws of Utah 2010, Chapter 180
31 58-83-306, as last amended by Laws of Utah 2015, Chapter 321
32 58-83-307, as enacted by Laws of Utah 2010, Chapter 180
33 58-83-308, as enacted by Laws of Utah 2010, Chapter 180
34 58-83-401, as last amended by Laws of Utah 2022, Chapter 415
35 58-83-501, as enacted by Laws of Utah 2010, Chapter 180
36 58-83-502, as last amended by Laws of Utah 2022, Chapter 415
37 58-83-503, as enacted by Laws of Utah 2010, Chapter 180
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39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 26-60-103 is amended to read:
41 26-60-103. Scope of telehealth practice.
42 (1) A provider offering telehealth services shall:
43 (a) at all times:
44 (i) act within the scope of the provider's license under Title 58, Occupations and
45 Professions, in accordance with the provisions of this chapter and all other applicable laws and
46 rules; and
47 (ii) be held to the same standards of practice as those applicable in traditional health
48 care settings;
49 (b) if the provider does not already have a provider-patient relationship with the
50 patient, establish a provider-patient relationship during the patient encounter in a manner
51 consistent with the standards of practice, determined by the Division of Professional Licensing
52 in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
53 including providing the provider's licensure and credentials to the patient;
54 (c) before providing treatment or prescribing a prescription drug, establish a diagnosis
55 and identify underlying conditions and contraindications to a recommended treatment after:
56 (i) obtaining from the patient or another provider the patient's relevant clinical history;
57 and
58 (ii) documenting the patient's relevant clinical history and current symptoms;
59 (d) be available to a patient who receives telehealth services from the provider for
60 subsequent care related to the initial telemedicine services, in accordance with community
61 standards of practice;
62 (e) be familiar with available medical resources, including emergency resources near
63 the originating site, in order to make appropriate patient referrals when medically indicated;
64 (f) in accordance with any applicable state and federal laws, rules, and regulations,
65 generate, maintain, and make available to each patient receiving telehealth services the patient's
66 medical records; and
67 (g) if the patient has a designated health care provider who is not the telemedicine
68 provider:
69 (i) consult with the patient regarding whether to provide the patient's designated health
70 care provider a medical record or other report containing an explanation of the treatment
71 provided to the patient and the telemedicine provider's evaluation, analysis, or diagnosis of the
72 patient's condition;
73 (ii) collect from the patient the contact information of the patient's designated health
74 care provider; and
75 (iii) within two weeks after the day on which the telemedicine provider provides
76 services to the patient, and to the extent allowed under HIPAA as that term is defined in
77 Section 26-18-17, provide the medical record or report to the patient's designated health care
78 provider, unless the patient indicates that the patient does not want the telemedicine provider to
79 send the medical record or report to the patient's designated health care provider.
80 (2) Subsection (1)(g) does not apply to prescriptions for eyeglasses or contacts.
81 (3) [
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84 not diagnose a patient, provide treatment, or prescribe a prescription drug based solely on one
85 of the following:
86 (a) an online questionnaire;
87 (b) an email message; or
88 (c) a patient-generated medical history.
89 (4) A provider may not offer telehealth services if:
90 (a) the provider is not in compliance with applicable laws, rules, and regulations
91 regarding the provider's licensed practice; or
92 (b) the provider's license under Title 58, Occupations and Professions, is not active and
93 in good standing.
94 Section 2. Repealer.
95 This bill repeals:
96 Section 58-83-101, Title.
97 Section 58-83-102, Definitions.
98 Section 58-83-201, Board.
99 Section 58-83-301, Licensure required -- Issuance of licenses.
100 Section 58-83-302, Qualifications for licensure.
101 Section 58-83-303, Term of license -- Expiration -- Renewal.
102 Section 58-83-305, Duties and responsibilities.
103 Section 58-83-306, Drugs approved for online prescribing, dispensing, and
104 facilitation -- Delivery of prescription drugs.
105 Section 58-83-307, Approval of additional drugs -- Request to facilitate.
106 Section 58-83-308, Audits.
107 Section 58-83-401, Grounds for denial of license -- Disciplinary proceedings --
108 Termination of authority to prescribe -- Immediate and significant danger.
109 Section 58-83-501, Practice without a license.
110 Section 58-83-502, Unprofessional conduct.
111 Section 58-83-503, Unlawful conduct.