Utah Code 26B-3-302. DUR Board — Creation and membership

26B-3-302. DUR Board — Creation and membership — Expenses.

(1)	There is created a 12-member Drug Utilization Review Board responsible for implementation of a retrospective and prospective DUR program.

Board: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
DUR: means the program designed to measure and assess, on a retrospective and prospective basis, the proper use of outpatient drugs in the Medicaid program. See Utah Code 26B-3-301
Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
Person: means :Utah Code 68-3-12.5
Pharmacist: means a person licensed in this state to engage in the practice of pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act. See Utah Code 26B-3-301
Physician: means a person licensed in this state to practice medicine and surgery under Section 58-67-301 or osteopathic medicine under Section 58-68-301. See Utah Code 26B-3-301
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(2)

(a)	Except as required by Subsection (2)(b), as terms of current board members expire, the executive director shall appoint each new member or reappointed member to a four-year term.

(b)	Notwithstanding the requirements of Subsection (2)(a), the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.

(c)	Persons appointed to the board may be reappointed upon completion of their terms, but may not serve more than two consecutive terms.

(d)	The executive director shall provide for geographic balance in representation on the board.

(3)	When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(4)

The membership shall be comprised of the following:

(a)	four physicians who are actively engaged in the practice of medicine or osteopathic medicine in this state, to be selected from a list of nominees provided by the Utah Medical Association;

(b)	one physician in this state who is actively engaged in academic medicine;

(c)	three pharmacists who are actively practicing in retail pharmacy in this state, to be selected from a list of nominees provided by the Utah Pharmaceutical Association;

(d)	one pharmacist who is actively engaged in academic pharmacy;

(e)	one person who shall represent consumers;

(f)	one person who shall represent pharmaceutical manufacturers, to be recommended by the Pharmaceutical Manufacturers Association; and

(g)	one dentist licensed to practice in this state under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, who is actively engaged in the practice of dentistry, nominated by the Utah Dental Association.

(5)	Physician and pharmacist members of the board shall have expertise in clinically appropriate prescribing and dispensing of outpatient drugs.

(6)	The board shall elect a chair from among its members who shall serve a one-year term, and may serve consecutive terms.

(7)

A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

(a)	Section 63A-3-106;

(b)	Section 63A-3-107; and

(c)	rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Renumbered and Amended by Chapter 306, 2023 General Session

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