This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 21, 2023 at 11:26 AM by lpoole.
Senator Evan J. Vickers proposes the following substitute bill:




Chief Sponsor: Evan J. Vickers

House Sponsor: Steve Eliason


8     General Description:
9          This bill addresses certain prescription drugs.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     prohibits a health insurer from taking certain actions with respect to a
14     clinician-administered drug; and
15          ▸     authorizes a physician to issue orders regarding methadone under certain
16     circumstances.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     ENACTS:
23          31A-22-658, Utah Code Annotated 1953
24          58-37-23, Utah Code Annotated 1953

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 31A-22-658 is enacted to read:
28          31A-22-658. Provider administered drugs.
29          (1) As used in this section:
30          (a) "Clinician-administered drug" means an outpatient prescription drug as defined in
31     Section 58-17b-102 that:
32          (i) cannot reasonably be self-administered by the patient to whom the drug is
33     prescribed or by an individual assisting the patient with self-administration;
34          (ii) is typically administered:
35          (A) by a health care provider; and
36          (B) in a physician's office or a health care facility as defined in Section 26-21-2; and
37          (iii) is not a vaccine.
38          (b) "Health insurer" means a person who offers health care insurance, including a
39     health maintenance organization as defined in Section 31A-8-101.
40          (2) A health insurer may not require Ŝ→ [
41          (a) a clinician-administered drug dispensed by a third-party pharmacy selected by the
42     health insurer to be delivered to a health care entity that is a network provider that is able to
43     provide the clinician-administered drug; or
44          (b)
] ←Ŝ
a pharmacy to dispense a clinician-administered drug directly to an enrollee with
45     the intention that the enrollee will transport the drug to a health care provider for administering.
46          Ŝ→ [
(3) Subsection (2)(a) does not apply if the health insurer has offered a network provider
47     that is administering a clinician-administered prescription drug the ability to participate on the
48     same terms and conditions that the health insurer offers to other similarly situated network
49     providers.
] ←Ŝ

50          Section 2. Section 58-37-23 is enacted to read:
51          58-37-23. Methadone orders authorized.
52          (1) As used in this section:
53          (a) "Emergency medical order" means a medical order as defined in Section
54     58-17b-102 for up to a 72-hour supply of methadone.
55          (b) "General acute hospital" means the same as that term is defined in Section 26-21-2.
56          (c) "Qualified pharmacy" means a pharmacy that is located on the premises of a general

57     acute hospital that is licensed as a:
58          (i) class A pharmacy as defined in Section 58-17b-102; or
59          (ii) class B pharmacy as defined in Section 58-17b-102.
60          (d) "Qualified practitioner" means a practitioner who:
61          (i) is registered with the United States Drug Enforcement Administration to issue an
62     emergency medical order; and
63          (ii) is working at a general acute hospital.
64          (2) A qualified practitioner may issue an emergency medical order to a qualified
65     pharmacy to dispense up to a 72-hour supply of methadone on behalf of the qualified
66     practitioner:
67          (a) to relieve acute withdrawal symptoms while the qualified practitioner makes
68     arrangements to refer the patient for substance use disorder treatment; and
69          (b) in accordance with 21 C.F.R. Sec. 1306.07 and applicable regulation or guidance
70     issued by the United States Drug Enforcement Administration regarding an emergency medical
71     order.