| (1) |
Beginning January 1, 2022, each prescription issued for a controlled substance shall be transmitted electronically as an electronic prescription unless the prescription is:
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 58-37-22- 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- Department: means the Department of Commerce. 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
- Division: means the Division of Professional Licensing created in Section 58-1-103. 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 |
| (a) |
for a patient residing in an assisted living facility as that term is defined in Section 26B-2-201, a long-term care facility as that term is defined in Section 58-31b-102, or a correctional facility as that term is defined in Section 64-13-1; |
| (c) |
dispensed by a Department of Veterans Affairs pharmacy; |
| (d) |
issued during a temporary technical or electronic failure at the practitioner‘s or pharmacy’s location; or |
| (e) |
issued in an emergency situation. |
|
| (2) |
The division, in collaboration with the appropriate boards that govern the licensure of the licensees who are authorized by the division to prescribe or to dispense controlled substances, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
| (a) |
require that controlled substances prescribed or dispensed under Subsection (1)(d) indicate on the prescription that the prescribing practitioner or the pharmacy is experiencing a technical difficulty or an electronic failure; |
| (b) |
define an emergency situation for purposes of Subsection (1)(e); |
| (c) |
establish additional exemptions to the electronic prescription requirements established in this section; |
| (d) |
establish guidelines under which a prescribing practitioner or a pharmacy may obtain an extension of up to two additional years to comply with Subsection (1); |
| (e) |
establish a protocol to follow if the pharmacy that receives the electronic prescription is not able to fill the prescription; and |
| (f) |
establish requirements that comply with federal laws and regulations for software used to issue and dispense electronic prescriptions. |
|
| (3) |
Beginning July 1, 2024, a pharmacy software program for receiving an electronic prescription for a controlled substance shall be capable of electronically transferring a prescription to a different pharmacy:
| (a) |
upon the request of the patient or the practitioner; |
| (b) |
with the approval of a pharmacist at the originating pharmacy; and |
| (c) |
if the prescription is unfilled. |
|
Amended by Chapter 329, 2023 General Session
|
|
