Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 135 (2015GS)

Sponsor

Rep. Westwood, J.

Final action

Governor Signed 3/26/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• makes technical amendments to the exemptions from the Pharmacy Practice Act to coordinate the language from three different bills that passed in the 2014 General Session, which:
• deletes language from the exemptions from licensing for providers who are required to obtain a license as a dispensing medical practitioner; and
• removes obsolete cross references of code sections.

Every vote on this bill

Bill text

PHARMACY LICENSURE EXEMPTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John R. Westwood
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends the Pharmacy Practice Act.
Highlighted Provisions:
This bill:
▸ makes technical amendments to the exemptions from the Pharmacy Practice Act to
coordinate the language from three different bills that passed in the 2014 General
Session, which:
• deletes language from the exemptions from licensing for providers who are 
required to obtain a license as a dispensing medical practitioner; and
• removes obsolete cross references of code sections.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
58-17b-309
, as last amended by Laws of Utah 2014, Chapters 72, 191, 385 and last
amended by Coordination Clause, Laws of Utah 2014, Chapter 385
58-17b-803
, as enacted by Laws of Utah 2014, Chapter 72
58-67-502
, as last amended by Laws of Utah 2014, Chapter 72
58-68-502
, as last amended by Laws of Utah 2014, Chapter 72
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-17b-309
 is amended to read:
58-17b-309.
Exemptions from licensure.
[
(1) For purposes of this section:
]
[
(a) "Cosmetic drug":
]
[
(i) means a prescription drug that is:
]
[
(A) for the purpose of promoting attractiveness or altering the appearance of an
individual; and
]
[
(B) listed as a cosmetic drug subject to the exemption under this section by the
division by administrative rule or has been expressly approved for online dispensing, whether
or not it is dispensed online or through a physician's office; and
]
[
(ii) does not include a prescription drug that is:
]
[
(A) a controlled substance;
]
[
(B) compounded by the physician; or
]
[
(C) prescribed or used for the patient for the purpose of diagnosing, curing, or
preventing a disease.
]
[
(b) "Injectable weight loss drug":
]
[
(i) means an injectable prescription drug:
]
[
(A) prescribed to promote weight loss; and
]
[
(B) listed as an injectable prescription drug subject to exemption under this section by
the division by administrative rule; and
]
[
(ii) does not include a prescription drug that is a controlled substance.
]
[
(c) "Prescribing practitioner" means an individual licensed under:
]
[
(i) Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse with
prescriptive practice;
]
[
(ii) Chapter 67, Utah Medical Practice Act;
]
[
(iii) Chapter 68, Utah Osteopathic Medical Practice Act; or
]
[
(iv) Chapter 70a, Physician Assistant Act.
]
[
(2)
] In addition to the exemptions from licensure in [
Sections
] 
Section
58-1-307
 [
and
58-17b-309.5
], the following individuals may engage in the acts or practices described in this
section without being licensed under this chapter:
[
(a) if the individual is described in Subsections (2)(b), (d), or (e), the individual
notifies the division in writing of the individual's intent to dispense a drug under this
subsection;
]
[
(b)
] 
(1)
 a person selling or providing contact lenses in accordance with Section
58-16a-801
; 
and
[
(c) an individual engaging in the practice of pharmacy technician under the direct
personal supervision of a pharmacist while making satisfactory progress in an approved
program as defined in division rule;
]
[
(d) a prescribing practitioner who prescribes and dispenses a cosmetic drug or an
injectable weight loss drug to the prescribing practitioner's patient in accordance with
Subsection (5);
]
[
(e) an optometrist, as defined in Section 
58-16a-102
, acting within the optometrist's
scope of practice as defined in Section 
58-16a-601
, who prescribes and dispenses a cosmetic
drug to the optometrist's patient in accordance with Subsection (5); and
]
[
(f)
] 
(2)
 an animal shelter that:
[
(i)
] 
(a)
 under the indirect supervision of a veterinarian, stores, handles, or administers
a drug used for euthanising an animal; and
[
(ii)
] 
(b)
 under the indirect supervision of a veterinarian who is under contract with the
animal shelter, stores, handles, or administers a rabies vaccine.
[
(3) In addition to the exemptions from licensure in Section 
58-1-307
, a person selling
or providing contact lenses in accordance with Section 
58-16a-801
 is exempt from the
licensing provisions of this chapter.
]
[
(4) In accordance with Subsection 
58-1-303
(1)(a), an individual exempt under
Subsection (2)(c) must take all examinations as required by division rule following completion
of an approved curriculum of education, within the required time frame. This exemption
expires immediately upon notification of a failing score of an examination, and the individual
may not continue working as a pharmacy technician even under direct supervision.
]
[
(5) A prescribing practitioner or optometrist is exempt from licensing under the
provisions of this part if the prescribing practitioner or optometrist:
]
[
(a) (i) writes a prescription for a drug the prescribing practitioner or optometrist has
the authority to dispense under Subsection (5)(b); and
]
[
(ii) informs the patient:
]
[
(A) that the prescription may be filled at a pharmacy or dispensed in the prescribing
practitioner's or optometrist's office;
]
[
(B) of the directions for appropriate use of the drug;
]
[
(C) of potential side-effects to the use of the drug; and
]
[
(D) how to contact the prescribing practitioner or optometrist if the patient has
questions or concerns regarding the drug;
]
[
(b) dispenses a cosmetic drug or injectable weight loss drug only to the prescribing
practitioner's patients or for an optometrist, dispenses a cosmetic drug only to the optometrist's
patients;
]
[
(c) follows labeling, record keeping, patient counseling, storage, purchasing and
distribution, operating, treatment, and quality of care requirements established by
administrative rule adopted by the division in consultation with the boards listed in Subsection
(6)(a); and
]
[
(d) follows USP-NF 797 standards for sterile compounding if the drug dispensed to
patients is reconstituted or compounded.
]
[
(6) (a) The division, in consultation with the board under this chapter and the relevant
professional board, including the Physician Licensing Board, the Osteopathic Physician
Licensing Board, the Physician Assistant Licensing Board, the Board of Nursing, the
Optometrist Licensing Board, or the Online Prescribing, Dispensing, and Facilitation Board,
shall adopt administrative rules pursuant to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act to designate:
]
[
(i) the prescription drugs that may be dispensed as a cosmetic drug or weight loss drug
under this section; and
]
[
(ii) the requirements under Subsection (5)(c).
]
[
(b) When making a determination under Subsection (1)(a), the division and boards
listed in Subsection (6)(a) may consider any federal Food and Drug Administration indications
or approval associated with a drug when adopting a rule to designate a prescription drug that
may be dispensed under this section.
]
[
(c) The division may inspect the office of a prescribing practitioner or optometrist
who is dispensing under the provisions of this section, in order to determine whether the
prescribing practitioner or optometrist is in compliance with the provisions of this section. If a
prescribing practitioner or optometrist chooses to dispense under the provisions of this section,
the prescribing practitioner or optometrist consents to the jurisdiction of the division to inspect
the prescribing practitioner's or optometrist's office and determine if the provisions of this
section are being met by the prescribing practitioner or optometrist.
]
[
(d) If a prescribing practitioner or optometrist violates a provision of this section, the
prescribing practitioner or optometrist may be subject to discipline under:
]
[
(i) this chapter; and
]
[
(ii) (A) Chapter 16a, Utah Optometry Practice Act;
]
[
(B) Chapter 31b, Nurse Practice Act;
]
[
(C) Chapter 67, Utah Medical Practice Act;
]
[
(D) Chapter 68, Utah Osteopathic Medical Practice Act;
]
[
(E) Chapter 70a, Physician Assistant Act; or
]
[
(F) Chapter 83, Online Prescribing, Dispensing, and Facilitation Act.
]
[
(7) Except as provided in Subsection (2)(e), this section does not restrict or limit the
scope of practice of an optometrist or optometric physician licensed under Chapter 16a, Utah
Optometry Practice Act.
]
Section 2. Section 
58-17b-803
 is amended to read:
58-17b-803.
Qualifications for licensure as a dispensing medical practitioner --
Scope of practice.
(1) An applicant for a license as a dispensing medical practitioner shall:
(a) be licensed in good standing under at least one of the chapters listed in Subsection
58-17b-102
(23)(a); and
(b) submit an application for a license as a dispensing medical practitioner in a form
prescribed by the division and pay a fee established by the division.
(2) The division shall accept the licensing in good standing under Subsection (1) in lieu
of requiring an applicant for a license under this part to comply with Sections 
58-17b-303
 and
58-17b-307
.
(3) A dispensing medical practitioner may dispense, in accordance with this part:
(a) a cosmetic drug and an injectable weight loss drug if:
(i) the drug was prescribed by the dispensing medical practitioner to the dispensing
medical practitioner's patient; and
(ii) the dispensing medical practitioner complies with administrative rules adopted by
the division under [
Subsection
] 
Section
58-17-802
[
(1)
];
(b) a cancer drug treatment regimen if the dispensing medical practitioner complies
with Section 
58-17b-805
; and
(c) a pre-packaged drug to an employee or a dependent of an employee at an employer
sponsored clinic if the dispensing medical practitioner:
(i) treats an employee, or the dependent of an employee, of one of an exclusive group
of employers at an employer sponsored clinic;
(ii) prescribes a prepackaged drug to the employee or the employee's dependent;
(iii) dispenses the prepackaged drug at the employer sponsored clinic; and
(iv) complies with administrative rules adopted by the division in consultation with the
Board of Pharmacy that establish labeling, record keeping, patient counseling, purchasing and
distribution, operating, treatment, quality of care, and storage requirements.
(4) A dispensing medical practitioner:
(a) shall inform the patient:
(i) that the drug dispensed by the practitioner may be obtained from a pharmacy
unaffiliated with the practitioner;
(ii) of the directions for appropriate use of the dispensed drug;
(iii) of potential side effects to the use of the dispensed drug; and
(iv) how to contact the dispensing medical practitioner if the patient has questions or
concerns regarding the drug;
(b) shall report to the controlled substance database in the same manner as required in
Section 
58-37f-203
; and
(c) may delegate the dispensing of the drug if the individual to whom the dispensing
was delegated is:
(i) employed by the dispensing medical practitioner or the outpatient clinic setting in
which the dispensing medical practitioner works; and
(ii) acting under the direction of a dispensing medical practitioner who is immediately
available on site for any necessary consultation.
(5) If the chapter that governs the license of a dispensing medical practitioner, as listed
in Subsection 
58-17b-102
(23), requires physician supervision in its scope of practice
requirements, the dispensing medical practitioner shall only dispense a drug under the
supervision of an individual licensed under Chapter 67, Utah Medical Practice Act, or Chapter
68, Utah Osteopathic Medical Practice Act.
Section 3. Section 
58-67-502
 is amended to read:
58-67-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 
58-1-501
:
(1) using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule;
(2) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-67-302.7
; or
(3) violating the dispensing requirements of [
Section 
58-17b-309
 or
] Chapter 17b, Part
8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if
applicable.
Section 4. Section 
58-68-502
 is amended to read:
58-68-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 
58-1-501
:
(1) using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule; or
(2) violating the dispensing requirements of [
Section 
58-17b-309
 or
] Chapter 17b, Part
8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if
applicable.
Section 5. 
Effective date.
This bill takes effect on July 1, 2015.