1     
PHARMACEUTICAL AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
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
25     

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 a pharmacy to dispense a clinician-administered
41     drug directly to an enrollee with the intention that the enrollee will transport the drug to a
42     health care provider for administering.
43          Section 2. Section 58-37-23 is enacted to read:
44          58-37-23. Methadone orders authorized.
45          (1) As used in this section:
46          (a) "Emergency medical order" means a medical order as defined in Section
47     58-17b-102 for up to a 72-hour supply of methadone.
48          (b) "General acute hospital" means the same as that term is defined in Section 26-21-2.
49          (c) "Qualified pharmacy" means a pharmacy that is located on the premises of a general
50     acute hospital that is licensed as a:
51          (i) class A pharmacy as defined in Section 58-17b-102; or
52          (ii) class B pharmacy as defined in Section 58-17b-102.
53          (d) "Qualified practitioner" means a practitioner who:
54          (i) is registered with the United States Drug Enforcement Administration to issue an
55     emergency medical order; and
56          (ii) is working at a general acute hospital.
57          (2) A qualified practitioner may issue an emergency medical order to a qualified

58     pharmacy to dispense up to a 72-hour supply of methadone on behalf of the qualified
59     practitioner:
60          (a) to relieve acute withdrawal symptoms while the qualified practitioner makes
61     arrangements to refer the patient for substance use disorder treatment; and
62          (b) in accordance with 21 C.F.R. Sec. 1306.07 and applicable regulation or guidance
63     issued by the United States Drug Enforcement Administration regarding an emergency medical
64     order.