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7 LONG TITLE
8 General Description:
9 This bill creates certain requirements for the dispensing of opioids.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires a pharmacist who dispenses opioids to a patient to:
13 • provide patient counseling on the use and availability of opioid antagonists; and
14 • offer an opioid antagonist to the patient or the patient's representative for certain
15 opiate prescriptions;
16 ▸ requires a health care provider who prescribes opioids to include a prescription for
17 an opioid antagonist under certain circumstances; and
18 ▸ implements these requirements on January 1, 2024.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 58-37-7, as last amended by Laws of Utah 2018, Chapter 145
26 58-37-19, as enacted by Laws of Utah 2019, Chapter 130
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 58-37-7 is amended to read:
30 58-37-7. Labeling and packaging controlled substance -- Informational pamphlet
31 for opiates - Naloxone education and offer to dispense.
32 (1) A person licensed pursuant to this act may not distribute a controlled substance
33 unless it is packaged and labeled in compliance with the requirements of Section 305 of the
34 Federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
35 (2) No person except a pharmacist for the purpose of filling a prescription shall alter,
36 deface, or remove any label affixed by the manufacturer.
37 (3) Whenever a [
38 prescription issued by a practitioner, the [
39 which the substance is sold or dispensed:
40 (a) a label showing the:
41 (i) pharmacy name and address;
42 (ii) serial number; and
43 (iii) date of initial filling;
44 (b) the prescription number, the name of the patient, or if the patient is an animal, the
45 name of the owner of the animal and the species of the animal;
46 (c) the name of the practitioner by whom the prescription was written;
47 (d) any directions stated on the prescription; and
48 (e) any directions required by rules and regulations promulgated by the department.
49 (4) Whenever a [
50 controlled substance that is an opiate, [
51 (a) affix a warning to the container or the lid for the container in which the substance is
52 sold or dispensed that contains the following text:
53 [
54 [
55 Human Services;
56 (b) beginning January 1, 2024:
57 (i) offer to counsel the patient or the patient's representative on the use and availability
58 of an opioid antagonist as defined in Section 26-55-102; and
59 (ii) offer to dispense an opioid antagonist as defined in Section 26-55-102 to the patient
60 or the patient's representative, under a prescription from a practitioner or under Section
61 26-55-105, if the patient:
62 (A) receives a single prescription for 50 morphine milligram equivalents or more per
63 day, calculated in accordance with guidelines developed by the United States Centers for
64 Disease Control and Prevention;
65 (B) is being dispensed an opioid and the pharmacy dispensed a benzodiazepine to the
66 patient in the previous 30 day period; or
67 (C) is being dispensed a benzodiazepine and the pharmacy dispensed an opioid to the
68 patient in the previous 30 day period.
69 (5) (a) A [
70 controlled substance that is an opiate shall, if available from the Department of Health and
71 Human Services, prominently display at the point of sale the informational pamphlet developed
72 by the Department of Health and Human Services under Section 26-55-109.
73 (b) The board and the Department of Health and Human Services shall encourage
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75 regarding the risks associated with taking opiates.
76 (c) The requirement in Subsection (5)(a) does not apply to a [
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78 Department of Health and Human Services for any reason.
79 (6) A person may not alter the face or remove any label so long as any of the original
80 contents remain.
81 (7) (a) An individual to whom or for whose use any controlled substance has been
82 prescribed, sold, or dispensed by a practitioner and the owner of any animal for which any
83 controlled substance has been prescribed, sold, or dispensed by a veterinarian may lawfully
84 possess it only in the container in which it was delivered to the individual by the person selling
85 or dispensing it.
86 (b) It is a defense to a prosecution under this subsection that the person being
87 prosecuted produces in court a valid prescription for the controlled substance or the original
88 container with the label attached.
89 Section 2. Section 58-37-19 is amended to read:
90 58-37-19. Opiate prescription consultation -- Prescription for opioid antagonist
91 required.
92 (1) As used in this section:
93 [
94 [
95 who:
96 (i) has never previously been issued a prescription for an opiate; or
97 (ii) was previously issued a prescription for an opiate, but the date on which the current
98 prescription is being issued is more than one year after the date on which an opiate was
99 previously prescribed or administered to the patient.
100 (b) "Opioid antagonist" means the same as that term is defined in Section 26-55-102.
101 (c) "Prescriber" means an individual authorized to prescribe a controlled substance
102 under this chapter.
103 (2) Except as provided in Subsection (3), a prescriber may not issue an initial opiate
104 prescription without discussing with the patient, or the patient's parent or guardian if the patient
105 is under 18 years of age and is not an emancipated minor:
106 (a) the risks of addiction and overdose associated with opiate drugs;
107 (b) the dangers of taking opiates with alcohol, benzodiazepines, and other central
108 nervous system depressants;
109 (c) the reasons why the prescription is necessary;
110 (d) alternative treatments that may be available; and
111 (e) other risks associated with the use of the drugs being prescribed.
112 (3) [
113 (a) a patient who is currently in active treatment for cancer;
114 (b) a patient who is receiving hospice care from a licensed hospice as defined in
115 Section 26-21-2; or
116 (c) a medication that is being prescribed to a patient for the treatment of the patient's
117 substance abuse or opiate dependence.
118 (4) (a) Beginning January 1, 2024, a prescriber shall prescribe or dispense an opioid
119 antagonist to a patient if the patient receives an initial opiate prescription for:
120 (i) 50 morphine milligram equivalents or more per day, calculated in accordance with
121 guidelines developed by the United States Centers for Disease Control and Prevention; or
122 (ii) any opiate if the practitioner is also prescribing a benzodiazepine to the patient.
123 (b) Subsection (4)(a) does not apply if the initial opiate prescription:
124 (i) is administered directly to an ultimate user by a licensed practitioner; or
125 (ii) is for a three-day supply or less.
126 (c) This Subsection (4) does not require a patient to purchase or obtain an opioid
127 antagonist as a condition of receiving the patient's initial opiate prescription.