| (1) |
As used in this section:
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Terms Used In Utah Code 58-37-19- Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2
- Controlled substance: means a drug or substance:
| (A) | included in Schedules I, II, III, IV, or V of Section 58-37-4; |
| (B) | included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2- Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2
- Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2
- Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2
- Prescribe: means to issue a prescription:
| (i) | orally or in writing; or |
| (ii) | by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-37-2- Prescription: means an order issued:
| (i) | by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and |
| (ii) | for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2- Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
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| (a) |
“Initial opiate prescription” means a prescription for an opiate to a patient who:
| (i) |
has never previously been issued a prescription for an opiate; or |
| (ii) |
was previously issued a prescription for an opiate, but the date on which the current prescription is being issued is more than one year after the date on which an opiate was previously prescribed or administered to the patient. |
|
| (b) |
“Opioid antagonist” means the same as that term is defined in Section 26B-4-501. |
| (c) |
“Prescriber” means an individual authorized to prescribe a controlled substance under this chapter. |
|
| (2) |
Except as provided in Subsection (3), a prescriber may not issue an initial opiate prescription without discussing with the patient, or the patient’s parent or guardian if the patient is under 18 years old and is not an emancipated minor:
| (a) |
the risks of addiction and overdose associated with opiate drugs; |
| (b) |
the dangers of taking opiates with alcohol, benzodiazepines, and other central nervous system depressants; |
| (c) |
the reasons why the prescription is necessary; |
| (d) |
alternative treatments that may be available; and |
| (e) |
other risks associated with the use of the drugs being prescribed. |
|
| (3) |
Subsection (2) does not apply to a prescription for:
| (a) |
a patient who is currently in active treatment for cancer; |
| (b) |
a patient who is receiving hospice care from a licensed hospice as defined in Section 26B-2-201; or |
| (c) |
a medication that is being prescribed to a patient for the treatment of the patient’s substance abuse or opiate dependence. |
|
| (4) |
| (a) |
Beginning January 1, 2024, a prescriber shall offer to prescribe or dispense an opioid antagonist to a patient if the patient receives an initial opiate prescription for:
| (i) |
50 morphine milligram equivalents or more per day, calculated in accordance with guidelines developed by the United States Centers for Disease Control and Prevention; or |
| (ii) |
any opiate if the practitioner is also prescribing a benzodiazepine to the patient. |
|
| (b) |
Subsection (4)(a) does not apply if the initial opiate prescription:
| (i) |
is administered directly to an ultimate user by a licensed practitioner; or |
| (ii) |
is for a three-day supply or less. |
|
| (c) |
This Subsection (4) does not require a patient to purchase or obtain an opioid antagonist as a condition of receiving the patient’s initial opiate prescription. |
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Amended by Chapter 285, 2023 General Session
Amended by Chapter 329, 2023 General Session
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