Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 102 First Substitute (2015GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends certain provisions related to online prescribing and dispensing of drugs;
• amends the definition of "unprofessional conduct"; and
• deletes outdated, transitional language.

Every vote on this bill

Bill text

ONLINE PHARMACY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Michael S. Kennedy
LONG TITLE
General Description:
This bill amends the Online Prescribing, Dispensing, and Facilitation Licensing Act.
Highlighted Provisions:
This bill:
▸ amends certain provisions related to online prescribing and dispensing of drugs;
▸ amends the definition of "unprofessional conduct"; and
▸ deletes outdated, transitional language.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-83-306
, as enacted by Laws of Utah 2010, Chapter 180
58-83-502
, as last amended by Laws of Utah 2014, Chapter 72
REPEALS:
58-83-304
, as enacted by Laws of Utah 2010, Chapter 180
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-83-306
 is amended to read:
58-83-306.
Drugs approved for online prescribing, dispensing, and facilitation --
Delivery of prescription drugs.
(1) An online prescriber may only prescribe, an online contract pharmacy may only
dispense, and an Internet facilitator may only facilitate the prescribing and dispensing of,
non-controlled, legend drugs [
that have been
]:
(a) 
that have been
 approved by the Food and Drug Administration;
(b) 
that are
 prescribed to treat the condition for which the drug was approved[
; and
]
,
within the drug manufacturer's guidelines;
(c) 
that are
 specifically approved by the division for online prescribing by
administrative rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act[
.
]
;
(d) that are prescribed for a person who is:
(i) 18 years of age or older; or
(ii) at least 16 years of age:
(A) if permitted by the state or country in which the patient will receive the drug;
(B) with parental consent, if required by the state or country in which the patient will
receive the drug; and
(C) only if the prescription is for a hormonal based contraceptive; and
(e) to a person who is located in another country, if the country is designated by the
division, by administrative rule, as a country with a regulatory framework for prescribing and
dispensing of drugs.
(2) If, after January 1, 2010, the Food and Drug Administration issues a clinical black
box warning with respect to any drug approved by the board under Subsection (1), the division
shall determine what action, if any, is necessary to protect the public health or welfare as a
result of the black box warning.
Section 2. Section 
58-83-502
 is amended to read:
58-83-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 
58-1-501
 and
as may be further defined by administrative rule:
(1) 
except as provided in Section 
58-83-306
,
 online prescribing, dispensing, or
facilitation with respect to a person under the age of 18 years;
(2) using the name or official seal of the state, the Utah Department of Commerce, or
the Utah Division of Occupational and Professional Licensing, or their boards, in an
unauthorized manner;
(3) failing to respond promptly to a request by the division for information including:
(a) an audit of the website; or
(b) records of the online prescriber, the Internet facilitator, or the online contract
pharmacy;
(4) using an online prescriber, online contract pharmacy, or Internet facilitator without
approval of the division;
(5) failing to inform a patient of the patient's freedom of choice in selecting who will
dispense a prescription in accordance with Subsection 
58-83-305
(1)(n);
(6) failing to keep the division informed of the name and contact information of the
Internet facilitator or online contract pharmacy; and
(7) violating the dispensing and labeling requirements of Chapter 17b, Part 8,
Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy.
Section 3. 
Repealer.
This bill repeals:
Section 
58-83-304
,
Existing written agreements for online prescribing -- Pending
applications.