Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                              H.B. 576
Approved for Filing: J. Rogers 6
          6 02-20-24 7:45 AM 6
                         CONTROLLED SUBSTANCE REVISIONS
                                      2024 GENERAL SESSION
                                          STATE OF UTAH
                                Chief Sponsor: Raymond P. Ward
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill revises provisions relating to controlled substances.
 Highlighted Provisions:
        This bill:
        < amends provisions concerning the controlled substance database, including:
            C   timing requirements for pharmacist data entry into the database;
            C   changes to certain password requirements for the database;
            C   access to certain prescription information; and
            C   the circumstances under which a prescriber shall check the database for
 information about a patient;
        < imposes requirements on certain outpatient clinics that administer controlled
 substances for substance use disorder treatment;
        < amends the Division of Professional Licensing's (division) educational duties
 regarding best practices for controlled substances;
        < revises requirements for the controlled substance database online tutorial;
        < amends the division's notification requirements to practitioners concerning certain
 adverse events; and
        < makes technical and conforming changes.
                                                                                                    H.B. 576
 Money Appropriated in this Bill:
        None
     *HB0576*
       H.B. 576                                                                   02-20-24 7:45 AM
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        58-37d-3, as last amended by Laws of Utah 2019, Chapter 420
        58-37f-201, as last amended by Laws of Utah 2023, Chapters 329, 415
        58-37f-203, as last amended by Laws of Utah 2021, Chapter 340
        58-37f-301, as last amended by Laws of Utah 2023, Chapter 329
        58-37f-303, as last amended by Laws of Utah 2021, Chapter 340
        58-37f-304, as last amended by Laws of Utah 2020, Chapter 147
        58-37f-402, as last amended by Laws of Utah 2018, Chapter 318
        58-37f-702, as last amended by Laws of Utah 2023, Chapter 329
        58-37f-703, as last amended by Laws of Utah 2023, Chapter 415
 REPEALS:
        58-37f-501, as enacted by Laws of Utah 2010, Chapter 287 and last amended by
 Coordination Clause, Laws of Utah 2010, Chapter 287
44
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 58-37d-3 is amended to read:
        58-37d-3. Definitions.
        (1) As used in this chapter:
        (a) (i) "Booby trap" means a concealed or camouflaged device designed to cause bodily
 injury when triggered by the action of a person making contact with the device.
        (ii) "Booby trap" includes guns, ammunition, or explosive devices attached to trip
 wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines
 or wires with hooks attached, and devices for the production of toxic fumes or gases.
        (b) "Clandestine laboratory operation" means the:
        (i) purchase or procurement of chemicals, supplies, equipment, or laboratory location
 for the illegal manufacture of specified controlled substances;
        (ii) transportation or arranging for the transportation of chemicals, supplies, or
 equipment for the illegal manufacture of specified controlled substances;
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       02-20-24 7:45 AM                                                                        H.B. 576
        (iii) setting up of equipment or supplies in preparation for the illegal manufacture of
 specified controlled substances;
        (iv) activity of compounding, synthesis, concentration, purification, separation,
 extraction, or other physical or chemical processing of a substance, including a controlled
 substance precursor, or the packaging, repackaging, labeling, or relabeling of a container
 holding a substance that is a product of any of these activities, when the substance is to be used
 for the illegal manufacture of specified controlled substances;
        (v) illegal manufacture of specified controlled substances; or
        (vi) distribution or disposal of chemicals, equipment, supplies, or products used in or
 produced by the illegal manufacture of specified controlled substances.
        (c) "Controlled substance precursor" means those chemicals designated in Title 58,
 Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in
 Subsections 58-37c-3(1)(kk) and (ll).
        (d) "Counterfeit opioid" means an opioid or container or labeling of an opioid that:
        (i) (A) without authorization bears the trademark, trade name, or other identifying
 mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or
 dispenser other than the person or persons who in fact manufactured, distributed, or dispensed
 the substance which falsely purports to be an opioid distributed by another manufacturer,
 distributor, or dispenser; and
        (B) a reasonable person would believe to be an opioid distributed by an authorized
 manufacturer, distributor, or dispenser based on the appearance of the substance as described
 under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or
        (ii) (A) is falsely represented to be any legally or illegally manufactured opioid; and
        (B) a reasonable person would believe to be a legal or illegal opioid.
        (e) "Disposal" means the abandonment, discharge, deposit, injection, dumping,
 spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or
 water so that the material may enter the environment, be emitted into the air, or discharged into
 any waters, including groundwater.
        (f) "Hazardous or dangerous material" means a substance that because of its quantity,
 concentration, physical characteristics, or chemical characteristics may cause or significantly
 contribute to an increase in mortality, an increase in serious illness, or may pose a substantial
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        H.B. 576                                                                     02-20-24 7:45 AM
 present or potential future hazard to human health or the environment when improperly treated,
 stored, transported, disposed of, or otherwise improperly managed.
           (g) "Illegal manufacture of specified controlled substances" means in violation of Title
 58, Chapter 37, Utah Controlled Substances Act, the:
           (i) compounding, synthesis, concentration, purification, separation, extraction, or other
 physical or chemical processing for the purpose of producing methamphetamine, other
 amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act,
 phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled
 Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit
 opioid;
           (ii) conversion of cocaine or methamphetamine to their base forms; or
           (iii) extraction, concentration, or synthesis of tetrahydrocannabinol.
           (h) "Opioid" means [the same as that term is defined in Section 58-37f-303] any
 substance listed in Subsection 58-37-4(2)(b)(i) or (2)(b)(ii).
           (i) "Tetrahydrocannabinol" means the same as that term is defined in Section
 58-37-3.6.
           (2) Unless otherwise specified, the definitions in Section 58-37-2 also apply to this
 chapter.
           Section 2. Section 58-37f-201 is amended to read:
           58-37f-201. Controlled substance database -- Creation -- Purpose.
           (1) There is created within the division a controlled substance database.
           (2) The division shall administer and direct the functioning of the database in
 accordance with this chapter.
           (3) The division may, under state procurement laws, contract with another state agency
 or a private entity to establish, operate, or maintain the database.
           (4) The division shall, in collaboration with the board, determine whether to operate
 the database within the division or contract with another entity to operate the database, based
 on an analysis of costs and benefits.
           (5) The purpose of the database is to contain:
           (a) the data described in Section 58-37f-203 regarding prescriptions for dispensed
 controlled substances;
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        02-20-24 7:45 AM                                                                         H.B. 576
        (b) data reported to the division under Section 26B-2-225 regarding poisoning or
 overdose;
        (c) data reported to the division under Subsection 41-6a-502(5) or 41-6a-502.5(5)(b)
 regarding convictions for driving under the influence of a prescribed controlled substance or
 impaired driving; [and]
        (d) data reported to the division under Subsection 58-37-8(1)(e) or 58-37-8(2)(g)
 regarding certain violations of Chapter 37, Utah Controlled Substances Act[.]; and
        (e) data described in Section 58-37f-203 regarding prescriptions administered to
 methadone or other outpatient treatment clinics.
        (6) The division shall maintain the database in an electronic file or by other means
 established by the division to facilitate use of the database for identification of:
        (a) prescribing practices and patterns of prescribing and dispensing controlled
 substances;
        (b) practitioners prescribing controlled substances in an unprofessional or unlawful
 manner;
        (c) individuals receiving prescriptions for controlled substances from licensed
 practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet
 in quantities or with a frequency inconsistent with generally recognized standards of dosage for
 that controlled substance;
        (d) individuals presenting forged or otherwise false or altered prescriptions for
 controlled substances to a pharmacy;
        (e) individuals admitted to a general acute hospital for poisoning or overdose involving
 a prescribed controlled substance; and
        (f) individuals convicted for:
        (i) driving under the influence of a prescribed controlled substance that renders the
 individual incapable of safely operating a vehicle;
        (ii) driving while impaired, in whole or in part, by a prescribed controlled substance; or
        (iii) certain violations of Chapter 37, Utah Controlled Substances Act.
        Section 3. Section 58-37f-203 is amended to read:
        58-37f-203. Submission, collection, and maintenance of data.
        (1) (a) The division shall implement on a statewide basis, including non-resident
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        H.B. 576                                                                    02-20-24 7:45 AM
 pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
 submit information:
         (i) real-time submission of the information required to be submitted under this part to
 the controlled substance database; and
         (ii) [24-hour daily or next business day, whichever is later,] batch submission of the
 information required to be submitted under this part to the controlled substance database before
 midnight on the day of the transaction, or by midnight of the following business day if the day
 of the transaction is not a business day.
         (b) A pharmacist shall comply with either:
         (i) the submission time requirements established by the division under Subsection
 (1)(a)(i); or
         (ii) the submission time requirements established by the division under Subsection
 (1)(a)(ii).
         (c) Notwithstanding the time requirements described in Subsection (1)(a), a pharmacist
 may submit corrections to data that the pharmacist has submitted to the controlled substance
 database within seven business days after the day on which the division notifies the pharmacist
 that data is incomplete or corrections to the data are otherwise necessary.
         (d) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
         (2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
 controlled substance is dispensed shall submit the data described in this section to the division
 in accordance with:
         (i) the requirements of this section;
         (ii) the procedures established by the division;
         (iii) additional types of information or data fields established by the division; and
         (iv) the format established by the division.
         (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
 the provisions of this section and the dispensing medical practitioner shall assume the duties of
 the pharmacist under this chapter.
         (3) (a) Except as provided in Subsection (3)(b), the pharmacist-in-charge and the
 pharmacist described in Subsection (2)(a) shall, for each controlled substance dispensed by a
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        02-20-24 7:45 AM                                                                           H.B. 576
 pharmacist under the pharmacist's supervision, submit to the division any type of information
 or data field established by the division by rule in accordance with Subsection [(6)] (7)
 regarding:
         (i) each controlled substance that is dispensed by the pharmacist or under the
 pharmacist's supervision; and
         (ii) each noncontrolled substance that is:
         (A) designated by the division under Subsection [(8)(a)] (9)(a); and
         (B) dispensed by the pharmacist or under the pharmacist's supervision.
         (b) Subsection (3)(a) does not apply to a drug that is dispensed for administration to, or
 use by, a patient at a health care facility, including a patient in an outpatient setting at the health
 care facility.
         (4) An individual whose records are in the database may obtain those records upon
 submission of a written request to the division.
         (5) (a) A patient whose record is in the database may contact the division in writing to
 request correction of any of the patient's database information that is incorrect.
         (b) The division shall grant or deny the request within 30 days from receipt of the
 request and shall advise the requesting patient of [its] the division's decision within 35 days of
 receipt of the request.
         (c) If the division denies a request under this Subsection (5) or does not respond within
 35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
 after the patient's written request for a correction under this Subsection (5).
         (6) An administrator or designee of a methadone or other outpatient clinic that
 administers controlled substances for substance use disorder treatment shall comply with the
 requirements under this section.
         [(6)] (7) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to establish submission requirements under this part,
 including:
         (a) electronic format;
         (b) submission procedures; and
         (c) required information and data fields.
         [(7)] (8) The division shall ensure that the database system records and maintains for
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        H.B. 576                                                                      02-20-24 7:45 AM
 reference:
          (a) the identification of each individual who requests or receives information from the
 database;
          (b) the information provided to each individual; and
          (c) the date and time that the information is requested or provided.
          [(8)] (9) (a) The division, in collaboration with the Utah Controlled Substance
 Advisory Committee created in Section 58-38a-201, shall designate a list of noncontrolled
 substances described in Subsection [(8)(b)] (9)(b) by rule made in accordance with Title 63G,
 Chapter 3, Utah Administrative Rulemaking Act.
          (b) To determine whether a prescription drug should be designated in the schedules of
 controlled substances under this chapter, the division may collect information about a
 prescription drug as defined in Section 58-17b-102 that is not designated in the schedules of
 controlled substances under this chapter.
          Section 4. Section 58-37f-301 is amended to read:
          58-37f-301. Access to database.
          (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to:
          (a) effectively enforce the limitations on access to the database as described in this
 part; and
          (b) establish standards and procedures to e