Utah Code 76-10-2204. Duty to report drug diversion

76-10-2204. Duty to report drug diversion.

(1)

As used in this section:

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class B misdemeanor	up to 6 months	up to $1,000

For details, see Utah Code § 76-3-204

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Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5

(a)

“Diversion” means a practitioner’s transfer of a significant amount of drugs to another for an unlawful purpose.

(b)	“Drug” means a Schedule II or Schedule III controlled substance, as defined in Section 58-37-4, that is an opiate.

(c)	“HIPAA” means the same as that term is defined in Section 26B-3-126.

(d)	“Opiate” means the same as that term is defined in Section 58-37-2.

(e)

“Practitioner” means an individual:

(i)	licensed, registered, or otherwise authorized by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in the course of professional practice; or

(ii)	employed by a person who is licensed, registered, or otherwise authorized by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in the course of professional practice or standard operations.

(f)	“Significant amount” means an aggregate amount equal to, or more than, 500 morphine milligram equivalents calculated in accordance with guidelines developed by the Centers for Disease Control and Prevention (CDC).

(2)

An individual is guilty of a class B misdemeanor if the individual:

(a)	knows that a practitioner is involved in diversion; and

(b)	knowingly fails to report the diversion to a peace officer or law enforcement agency.

(3)	Subsection (2) does not apply to the extent that an individual is prohibited from reporting by 42 C.F.R. part 2 or HIPAA.

Amended by Chapter 330, 2023 General Session