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H.B. 258
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PRESCRIPTION FOR CONTROLLED
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SUBSTANCES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Eli H. Anderson
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AN ACT RELATING TO CONTROLLED SUBSTANCES; EXTENDING THE TIME WITHIN
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WHICH A PRESCRIPTION FOR A CONTROLLED SUBSTANCE MAY BE FILLED.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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58-37-6, as last amended by Chapter 13, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-37-6
is amended to read:
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58-37-6. License to manufacture, produce, distribute, dispense, administer, or
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conduct research -- Issuance by department -- Denial, suspension, or revocation -- Records
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required -- Prescriptions.
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(1) (a) The department may adopt rules relating to the licensing and control of the
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manufacture, distribution, production, prescription, administration, dispensing, conducting of
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research with, and performing of laboratory analysis upon controlled substances within this state.
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(b) The department may assess reasonable fees to defray the cost of issuing original and
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renewal licenses under this chapter pursuant to Section
63-38-3.2
.
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(c) The director of the department may delegate to any division or agency within the
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department, authority to perform the responsibilities and functions prescribed to the department
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under this chapter if the delegated authority is consistent with the function of the division or
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agency provided by law.
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(2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
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administers, conducts research with, or performs laboratory analysis upon any controlled substance
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in Schedules II through V within this state, or who proposes to engage in manufacturing,
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producing, distributing, prescribing, dispensing, administering, conducting research with, or
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performing laboratory analysis upon controlled substances included in Schedules II through V
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within this state shall obtain a license issued by the department.
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(ii) The division shall issue each license under this chapter in accordance with a two-year
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renewal cycle established by rule. The division may by rule extend or shorten a renewal period
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by as much as one year to stagger the renewal cycles it administers.
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(b) Persons licensed to manufacture, produce, distribute, prescribe, dispense, administer,
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conduct research with, or perform laboratory analysis upon controlled substances in Schedules II
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through V within this state may possess, manufacture, produce, distribute, prescribe, dispense,
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administer, conduct research with, or perform laboratory analysis upon those substances to the
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extent authorized by their license and in conformity with this chapter.
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(c) The following persons are not required to obtain a license and may lawfully possess
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controlled substances under this section:
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(i) an agent or employee, except a sales representative, of any registered manufacturer,
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distributor, or dispenser of any controlled substance, if the agent or employee is acting in the usual
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course of his business or employment; however, nothing in this subsection shall be interpreted to
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permit an agent, employee, sales representative, or detail man to maintain an inventory of
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controlled substances separate from the location of his employer's registered and licensed place
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of business;
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(ii) a motor carrier or warehouseman, or an employee of a motor carrier or warehouseman,
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who possesses any controlled substance in the usual course of his business or employment; and
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(iii) an ultimate user, or any person who possesses any controlled substance pursuant to
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a lawful order of a practitioner.
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(d) The department may enact rules waiving the license requirement for certain
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manufacturers, producers, distributors, prescribers, dispensers, administrators, research
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practitioners, or laboratories performing analysis if consistent with the public health and safety.
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(e) A separate license is required at each principal place of business or professional
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practice where the applicant manufactures, produces, distributes, prescribes, dispenses,
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administers, conducts research with, or performs laboratory analysis upon controlled substances.
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(f) The department may enact rules providing for the inspection of a licensee or applicant's
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establishment, and may inspect the establishment according to those rules.
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(3) (a) Upon proper application, the department shall license a qualified applicant to
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manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
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controlled substances included in Schedules I through V, unless it determines that issuance of a
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license is inconsistent with the public interest. The department shall not issue a license to any
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person to prescribe, dispense, or administer a Schedule I controlled substance. In determining
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public interest, the department shall consider whether or not the applicant has:
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(i) maintained effective controls against diversion of controlled substances and any
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Schedule I or II substance compounded from any controlled substance into other than legitimate
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medical, scientific, or industrial channels;
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(ii) complied with applicable state and local law;
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(iii) been convicted under federal or state laws relating to the manufacture, distribution,
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or dispensing of substances;
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(iv) past experience in the manufacture of controlled dangerous substances;
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(v) established effective controls against diversion; and
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(vi) complied with any other factors that the department establishes that promote the public
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health and safety.
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(b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
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produce, distribute, conduct research with, or perform laboratory analysis upon controlled
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substances in Schedule I other than those specified in the license.
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(c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
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substances in Schedules II through V if they are authorized to administer, dispense, or conduct
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research under the laws of this state.
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(ii) The department need not require a separate license for practitioners engaging in
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research with nonnarcotic controlled substances in Schedules II through V where the licensee is
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already licensed under this act in another capacity.
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(iii) With respect to research involving narcotic substances in Schedules II through V, or
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where the department by rule requires a separate license for research of nonnarcotic substances in
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Schedules II through V, a practitioner shall apply to the department prior to conducting research.
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(iv) Licensing for purposes of bona fide research with controlled substances by a
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practitioner considered qualified may be denied only on a ground specified in Subsection (4), or
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upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard adequately
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his supply of substances against diversion from medical or scientific use.
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(v) Practitioners registered under federal law to conduct research in Schedule I substances
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may conduct research in Schedule I substances within this state upon furnishing the department
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evidence of federal registration.
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(d) Compliance by manufacturers, producers, and distributors with the provisions of
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federal law respecting registration, excluding fees, entitles them to be licensed under this chapter.
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(e) The department shall initially license those persons who own or operate an
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establishment engaged in the manufacture, production, distribution, dispensation, or administration
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of controlled substances prior to April 3, 1980, and who are licensed by the state.
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(4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed on
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probation, or revoked by the department upon finding that the applicant or licensee has:
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(i) materially falsified any application filed or required pursuant to this chapter;
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(ii) been convicted of an offense under this chapter or any law of the United States, or any
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state, relating to any substance defined as a controlled substance;
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(iii) been convicted of a felony under any other law of the United States or any state within
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five years of the date of the issuance of the license;
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(iv) had a federal license denied, suspended, or revoked by competent federal authority and
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is no longer authorized to engage in the manufacturing, distribution, or dispensing of controlled
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substances;
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(v) had his license suspended or revoked by competent authority of another state for
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violation of laws or regulations comparable to those of this state relating to the manufacture,
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distribution, or dispensing of controlled substances;
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(vi) violated any department rule that reflects adversely on the licensee's reliability and
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integrity with respect to controlled substances;
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(vii) refused inspection of records required to be maintained under this chapter by a person
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authorized to inspect them; or
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(viii) prescribed, dispensed, administered, or injected an anabolic steroid for the purpose
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of manipulating human hormonal structure so as to:
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(A) increase muscle mass, strength, or weight without medical necessity and without a
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written prescription by any practitioner in the course of his professional practice; or
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(B) improve performance in any form of human exercise, sport, or game.
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(b) The department may limit revocation or suspension of a license to a particular
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controlled substance with respect to which grounds for revocation or suspension exist.
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(c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to this
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section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
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Occupational and Professional Licensing Act, and conducted in conjunction with the appropriate
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representative committee designated by the director of the department.
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(ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and Professional
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Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses, except where
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the department is designated by law to perform those functions, or, when not designated by law,
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is designated by the executive director of the Department of Commerce to conduct the
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proceedings.
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(d) (i) The department may suspend any license simultaneously with the institution of
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proceedings under this section if it finds there is an imminent danger to the public health or safety.
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(ii) Suspension shall continue in effect until the conclusion of proceedings, including
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judicial review, unless withdrawn by the department or dissolved by a court of competent
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jurisdiction.
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(e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
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substances owned or possessed by the licensee may be placed under seal in the discretion of the
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department.
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(ii) Disposition may not be made of substances under seal until the time for taking an
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appeal has lapsed, or until all appeals have been concluded, unless a court, upon application, orders
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the sale of perishable substances and the proceeds deposited with the court.
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(iii) If a revocation order becomes final, all controlled substances shall be forfeited.
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(f) The department shall notify promptly the Drug Enforcement Administration of all
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orders suspending or revoking a license and all forfeitures of controlled substances.
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(5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and inventories
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in conformance with the record keeping and inventory requirements of federal and state law and
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any additional rules issued by the department.
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(b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is authorized
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to administer or professionally use a controlled substance shall keep a record of the drugs received
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by him and a record of all drugs administered, dispensed, or professionally used by him otherwise
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than by a prescription.
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(ii) A person using small quantities or solutions or other preparations of those drugs for
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local application has complied with Subsection (5)(b) if he keeps a record of the quantity,
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character, and potency of those solutions or preparations purchased or prepared by him, and of the
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dates when purchased or prepared.
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(6) Controlled substances in Schedules I through V may be distributed only by a licensee
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and pursuant to an order form prepared in compliance with department rules or a lawful order
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under the rules and regulations of the United States.
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(7) (a) A person may not write or authorize a prescription for a controlled substance unless
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he is:
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(i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
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or under the laws of another state having similar standards; and
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(ii) licensed under this chapter or under the laws of another state having similar standards.
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(b) A person other than a pharmacist licensed under the laws of this state, or his licensed
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intern, as required by Section
58-17a-302
, may not dispense a controlled substance.
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(c) (i) A controlled substance may not be dispensed without the written prescription of a
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practitioner, if the written prescription is required by the federal Controlled Substances Act.
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(ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
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conformity with Subsection (7)(d).
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(iii) In emergency situations, as defined by department rule, controlled substances may be
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dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
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designated by the department and filed by the pharmacy.
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(iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
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Subsection (7)(d).
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(d) Except for emergency situations designated by the department, a person may not issue,
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fill, compound, or dispense a prescription for a controlled substance unless the prescription is
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signed in ink or indelible pencil by the prescriber and contains the following information:
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(i) the name, address, and registry number of the prescriber;
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(ii) the name, address, and age of the person to whom or for whom the prescription is
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issued;
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(iii) the date of issuance of the prescription; and
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(iv) the name, quantity, and specific directions for use by the ultimate user of the
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controlled substance.
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(e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
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controlled substance.
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(f) Except when administered directly to an ultimate user by a licensed practitioner,
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controlled substances are subject to the following restrictions:
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(i) A prescription for a Schedule II substance may be refilled only upon the written
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prescription of an authorized practitioner, and a prescription for a Schedule II controlled substance
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may not be filled in a quantity to exceed a one-month's supply, as directed on the daily dosage rate
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of the prescriptions.
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(ii) A Schedule III or IV controlled substance may not be refilled more than six months
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after the date of its original issuance or be refilled more than five times after the date of the
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prescription unless renewed by the practitioner.
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(iii) All other controlled substances in Schedule V may be refilled as the prescriber's
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prescription directs, but they may not be refilled one year after the date the prescription was issued
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unless renewed by the practitioner.
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(iv) Any prescription for a Schedule II, III, and IV substance that is not presented to a
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pharmacist for dispensing by a pharmacist, or, if an oral prescription, that is not obtained within
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[ten days of the date the prescription was written or authorized,] the time periods established by
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federal law may not be filled or dispensed.
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(g) An order for a controlled substance in Schedules II through V for use by an inpatient
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or an outpatient of a licensed hospital is exempt from all requirements of Subsection (7) if the
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order is:
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(i) issued or made by a prescribing practitioner who holds an unrestricted registration with
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the federal Drug Enforcement Administration, and an active Utah controlled substance license in
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good standing issued by the division under this section, or a medical resident who is exempted
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from licensure under Subsection
58-1-307
(1)(c);
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(ii) authorized by the prescribing practitioner treating the patient and the prescribing
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practitioner designates the quantity ordered;
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(iii) entered upon the record of the patient, the record is signed by the prescriber affirming
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his authorization of the order within 48 hours after filling or administering the order, and the
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patient's record reflects the quantity actually administered; and
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(iv) filled and dispensed by a pharmacist practicing his profession within the physical
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structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital
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and the amount taken from the supply is administered directly to the patient authorized to receive
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it.
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(h) A practitioner licensed under this chapter may not prescribe, administer, or dispense
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a controlled substance to a minor, without first obtaining the consent required in Section
78-14-5
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of a parent, guardian, or person standing in loco parentis of the minor except in cases of an
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emergency. For purposes of this Subsection (7)(h), "minor" has the same meaning as defined in
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Section
78-3a-103
, and "emergency" means any physical condition requiring the administration
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of a controlled substance for immediate relief of pain or suffering.
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(i) A practitioner licensed under this chapter may not prescribe or administer dosages of
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a controlled substance in excess of medically recognized quantities necessary to treat the ailment,
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malady, or condition of the ultimate user.
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(j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
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any controlled substance to another person knowing that the other person is using a false name,
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address, or other personal information for the purpose of securing the controlled substance.
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(k) A person who is licensed under this chapter to manufacture, distribute, or dispense a
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controlled substance may not manufacture, distribute, or dispense a controlled substance to another
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licensee or any other authorized person not authorized by this license.
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(l) A person licensed under this chapter may not omit, remove, alter, or obliterate a symbol
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required by this chapter or by a rule issued under this chapter.
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(m) A person licensed under this chapter may not refuse or fail to make, keep, or furnish
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any record notification, order form, statement, invoice, or information required under this chapter.
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(n) A person licensed under this chapter may not refuse entry into any premises for
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inspection as authorized by this chapter.
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(o) A person licensed under this chapter may not furnish false or fraudulent material
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information in any application, report, or other document required to be kept by this chapter or
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willfully make any false statement in any prescription, order, report, or record required by this
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chapter.
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(8) (a) Any person licensed under this chapter who is found by the department to have
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violated any of the provisions of Subsections (7)(k) through (7)(o) is subject to a fine not to exceed
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$5,000. The department shall determine the procedure for adjudication of any violations in
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accordance with Sections
58-1-106
and
58-1-108
.
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(b) Any person who knowingly and intentionally violates Subsections (7)(h) through (7)(j)
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is:
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(i) upon first conviction, guilty of a class B misdemeanor;
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(ii) upon second conviction, guilty of a class A misdemeanor; and
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(iii) on third or subsequent conviction, guilty of a third degree felony.
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(c) Any person who knowingly and intentionally violates Subsections (7)(k) through (7)(o)
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shall upon conviction be guilty of a third degree felony.
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(9) Any information communicated to any licensed practitioner in an attempt to unlawfully
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procure, or to procure the administration of, a controlled substance is not considered to be a
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privileged communication.
Legislative Review Note
as of 1-24-00 12:10 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.