Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 114 (2016GS)

Sponsor

Rep. Ward, R.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the requirement for a general acute hospital to report to the Division of Occupational and Professional Licensing admissions for poisoning or overdose involving a prescribed controlled substance;
• requires courts to report to the division certain violations of the Utah Controlled Substances Act;
• amends the purposes of the division's controlled substance database;
• requires the division to enter into the database information it receives in reports by hospitals concerning persons admitted for poisoning involving a prescribed controlled substance; and
• requires the division to enter into the database information it receives in reports by courts concerning persons convicted for:
• driving under the influence of a prescribed controlled substance that renders the person incapable of safely operating a vehicle;
• driving while impaired, in whole or in part, by a prescribed controlled substance; or
• certain violations of the Utah Controlled Substances Act.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 3, 2016 at 4:55 PM by lsjones.
This document includes House Floor Amendments incorporated into the bill on Thu, Feb 11, 2016 at 3:55 PM by cynthiahopkin.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 8, 2016 at 11:49 AM by lpoole.
CONTROLLED SUBSTANCE REPORTING
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill amends the Utah Health Code, the Utah Controlled Substances Act, and the
Controlled Substance Database Act. 
Highlighted Provisions:
This bill:
▸ amends the requirement for a general acute hospital to report to the Division of
Occupational and Professional Licensing admissions for poisoning or overdose
involving a prescribed controlled substance;
▸ requires courts to report to the division certain violations of the Utah Controlled
Substances Act;
▸ amends the purposes of the division's controlled substance database;
▸ requires the division to enter into the database information it receives in reports by
hospitals concerning persons admitted for poisoning involving a prescribed
controlled substance; and
▸ requires the division to enter into the database information it receives in reports by
courts concerning persons convicted for:
• driving under the influence of a prescribed controlled substance that renders the
person incapable of safely operating a vehicle;
• driving while impaired, in whole or in part, by a prescribed controlled
substance; or
• certain violations of the Utah Controlled Substances Act. 
Money Appropriated in this Bill:
None
Other Special Clauses:
Ĥ→ [
None
] 
This bill coordinates with H.B. 149, Reporting Death Involving Controlled
32a 
Substance Amendments, by providing substantive amendments.
 ←Ĥ
Utah Code Sections Affected:
AMENDS:
26-21-26
, as enacted by Laws of Utah 2010, Chapter 290
58-37-8
, as last amended by Laws of Utah 2015, Chapters 165 and 412
58-37f-201
, as enacted by Laws of Utah 2010, Chapter 287
58-37f-702
, as enacted by Laws of Utah 2010, Chapter 290 and renumbered and
amended by Coordination Clause, Laws of Utah 2010, Chapter 290
58-37f-703
, as enacted by Laws of Utah 2010, Chapter 109 and renumbered and
amended by Coordination Clause, Laws of Utah 2010, Chapter 109
ENACTS:
58-37f-704
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-21-26
 is amended to read:
26-21-26.
General acute hospital to report prescribed controlled substance
poisoning or overdose.
(1) 
Ĥ→ [
Beginning on July 1, 2012, if
]
If
←Ĥ
 a person who is 12 years of age or older
49a is admitted to
a general acute hospital for poisoning 
or overdose
 involving a prescribed controlled substance,
the general acute hospital shall, within three business days after the day on which the person is
admitted, send a written report to the Division of Occupational and Professional Licensing,
created in Section 
58-1-103
, that includes:
(a) the patient's name 
and date of birth
;
(b) each drug or other substance found in the person's system that may have
contributed to the poisoning or overdose, if known; [
and
]
(c) the name of each person who the general acute hospital has reason to believe may
have prescribed a controlled substance described in Subsection (1)(b) to the person, if
known[
.
]
; and
(d) the name of the hospital and the date of admission.
(2) Nothing in this section may be construed as creating a new cause of action.
Section 2. Section 
58-37-8
 is amended to read:
58-37-8.
Prohibited acts -- Penalties.
(1) Prohibited acts A -- Penalties 
and reporting
:
(a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to produce,
manufacture, or dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
arrange to distribute a controlled or counterfeit substance;
(iii) possess a controlled or counterfeit substance with intent to distribute; or
(iv) engage in a continuing criminal enterprise where:
(A) the person participates, directs, or engages in conduct [
which
] 
that
 results in any
violation of any provision of Title 58, Chapters 37, 
Utah Controlled Substances Act,
 37a, 
Utah
Drug Paraphernalia Act,
 37b, 
Imitation Controlled Substances Act,
 37c, 
Utah Controlled
Substance Precursor Act,
 or 37d
, Clandestine Drug Lab Act,
 that is a felony; and
(B) the violation is a part of a continuing series of two or more violations of Title 58,
Chapters 37, 
Utah Controlled Substances Act,
 37a, 
Utah Drug Paraphernalia Act,
 37b,
Imitation Controlled Substances Act,
 37c, 
Utah Controlled Substance Precursor Act,
 or 37d
,
Clandestine Drug Lab Act,
 on separate occasions that are undertaken in concert with five or
more persons with respect to whom the person occupies a position of organizer, supervisor, or
any other position of management.
(b) Any person convicted of violating Subsection (1)(a) with respect to:
(i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
subsequent conviction is guilty of a first degree felony;
(ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree felony, and
upon a second or subsequent conviction is guilty of a second degree felony; or
(iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
felony.
(c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
of fact finds a firearm as defined in Section 
76-10-501
 was used, carried, or possessed on his
person or in his immediate possession during the commission or in furtherance of the offense,
the court shall additionally sentence the person convicted for a term of one year to run
consecutively and not concurrently; and the court may additionally sentence the person
convicted for an indeterminate term not to exceed five years to run consecutively and not
concurrently.
(d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
felony punishable by imprisonment for an indeterminate term of not less than seven years and
which may be for life. Imposition or execution of the sentence may not be suspended, and the
person is not eligible for probation.
(e)
Ĥ→ [
Each month, the name, the case number, and, if known, the date of birth of each
person convicted during the preceding month of violating Subsection (2)(a) shall be reported
by the court in which the conviction was made
] 
The Administrative Office of the Courts shall
108a 
report
 ←Ĥ
to the Division of Occupational and
Professional Licensing
Ĥ→ 
the name, case number, date of conviction, and if known,
109a 
the date of birth of each person convicted of violating Subsection (2)(a)
 ←Ĥ
.
(2) Prohibited acts B -- Penalties 
and reporting
:
(a) It is unlawful:
(i) for any person knowingly and intentionally to possess or use a controlled substance
analog or a controlled substance, unless it was obtained under a valid prescription or order,
directly from a practitioner while acting in the course of the person's professional practice, or as
otherwise authorized by this chapter;
(ii) for any owner, tenant, licensee, or person in control of any building, room,
tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
be occupied by persons unlawfully possessing, using, or distributing controlled substances in
any of those locations; or
(iii) for any person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance.
(b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
or
(ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
of a class A misdemeanor on a first or second conviction, and on a third or subsequent
conviction is guilty of a third degree felony.
(c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
penalty than provided in this Subsection (2).
(d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
person is guilty of a third degree felony.
(e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
boundaries of property occupied by any correctional facility as defined in Section 
64-13-1
 or
any public jail or other place of confinement shall be sentenced to a penalty one degree greater
than provided in Subsection (2)(b), and if the conviction is with respect to controlled
substances as listed in:
(i) Subsection (2)(b), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and:
(A) the court shall additionally sentence the person convicted to a term of one year to
run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and the court shall additionally sentence the person
convicted to a term of six months to run consecutively and not concurrently.
(f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree felony.
(g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
amounting to a violation of Section 
76-5-207
:
(i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
body any measurable amount of a controlled substance; and
(ii) operates a motor vehicle as defined in Section 
76-5-207
 in a negligent manner,
causing serious bodily injury as defined in Section 
76-1-601
 or the death of another.
(h) A person who violates Subsection (2)(g) by having in the person's body:
(i) a controlled substance classified under Schedule I, other than those described in
Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
degree felony;
(ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
58-37-4
(2)(a)(iii)(S) or (AA), or a substance listed in Section 
58-37-4.2
 is guilty of a third
degree felony; or
(iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
A misdemeanor.
(i) A person is guilty of a separate offense for each victim suffering serious bodily
injury or death as a result of the person's negligent driving in violation of Subsection
58-37-8
(2)(g) whether or not the injuries arise from the same episode of driving.
(j)
 Ĥ→ [
Each month, the name, the case number, and, if known, the date of birth of each
person convicted during the preceding month of violating Subsection (2)(a) shall be reported
by the court in which the conviction was made
] 
The Administrative Office of the Courts
174a 
shall report
 ←Ĥ
to the Division of Occupational and
Professional Licensing
Ĥ→ 
the name, case number, date of conviction, and if known, the date of
175a 
birth of each person convicted of violating Subsection (2)(a)
 ←Ĥ
.
(3) Prohibited acts C -- Penalties:
(a) It is unlawful for any person knowingly and intentionally:
(i) to use in the course of the manufacture or distribution of a controlled substance a
license number which is fictitious, revoked, suspended, or issued to another person or, for the
purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
person;
(ii) to acquire or obtain possession of, to procure or attempt to procure the
administration of, to obtain a prescription for, to prescribe or dispense to any person known to
be attempting to acquire or obtain possession of, or to procure the administration of any
controlled substance by misrepresentation or failure by the person to disclose receiving any
controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
prescription or written order for a controlled substance, or the use of a false name or address;
(iii) to make any false or forged prescription or written order for a controlled substance,
or to utter the same, or to alter any prescription or written order issued or written under the
terms of this chapter; or
(iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon any drug or container or labeling
so as to render any drug a counterfeit controlled substance.
(b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
misdemeanor.
(ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
degree felony.
(c) A violation of Subsection (3)(a)(iv) is a third degree felony.
(4) Prohibited acts D -- Penalties:
(a) Notwithstanding other provisions of this section, a person not authorized under this
chapter who commits any act that is unlawful under Subsection (1)(a), Section 
58-37a-5
, or
Section 
58-37b-4
 is upon conviction subject to the penalties and classifications under this
Subsection (4) if the trier of fact finds the act is committed:
(i) in a public or private elementary or secondary school or on the grounds of any of
those schools during the hours of 6 a.m. through 10 p.m.;
(ii) in a public or private vocational school or postsecondary institution or on the
grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
(iii) in or on the grounds of a preschool or child-care facility during the preschool's or
facility's hours of operation;
(iv) in a public park, amusement park, arcade, or recreation center when the public or
amusement park, arcade, or recreation center is open to the public;
(v) in or on the grounds of a house of worship as defined in Section 
76-10-501
;
(vi) in or on the grounds of a library when the library is open to the public;
(vii) within any area that is within 100 feet of any structure, facility, or grounds
included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
(viii) in the presence of a person younger than 18 years of age, regardless of where the
act occurs; or
(ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
distribution of a substance in violation of this section to an inmate or on the grounds of any
correctional facility as defined in Section 
76-8-311.3
.
(b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
and shall be imprisoned for a term of not less than five years if the penalty that would
otherwise have been established but for this Subsection (4) would have been a first degree
felony.
(ii) Imposition or execution of the sentence may not be suspended, and the person is
not eligible for probation.
(c) If the classification that would otherwise have been established would have been
less than a first degree felony but for this Subsection (4), a person convicted under this
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
(d) (i) If the violation is of Subsection (4)(a)(ix):
(A) the person may be sentenced to imprisonment for an indeterminate term as
provided by law, and the court shall additionally sentence the person convicted for a term of
one year to run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
the mental state required for the commission of an offense, directly or indirectly solicits,
requests, commands, coerces, encourages, or intentionally aids another person to commit a
violation of Subsection (4)(a)(ix).
(e) It is not a defense to a prosecution under this Subsection (4) that the actor
mistakenly believed the individual to be 18 years of age or older at the time of the offense or
was unaware of the individual's true age; nor that the actor mistakenly believed that the
location where the act occurred was not as described in Subsection (4)(a) or was unaware that
the location where the act occurred was as described in Subsection (4)(a).
(5) Any violation of this chapter for which no penalty is specified is a class B
misdemeanor.
(6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
guilty or no contest to a violation or attempted violation of this section or a plea which is held
in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
even if the charge has been subsequently reduced or dismissed in accordance with the plea in
abeyance agreement.
(b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
conviction that is:
(i) from a separate criminal episode than the current charge; and
(ii) from a conviction that is separate from any other conviction used to enhance the
current charge.
(7) A person may be charged and sentenced for a violation of this section,
notwithstanding a charge and sentence for a violation of any other section of this chapter.
(8) (a) Any penalty imposed for violation of this section is in addition to, and not in
lieu of, any civil or administrative penalty or sanction authorized by law.
(b) Where violation of this chapter violates a federal law or the law of another state,
conviction or acquittal under federal law or the law of another state for the same act is a bar to
prosecution in this state.
(9) In any prosecution for a violation of this chapter, evidence or proof which shows a
person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
substance or substances, is prima facie evidence that the person or persons did so with
knowledge of the character of the substance or substances.
(10) This section does not prohibit a veterinarian, in good faith and in the course of the
veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
administering controlled substances or from causing the substances to be administered by an
assistant or orderly under the veterinarian's direction and supervision.
(11) Civil or criminal liability may not be imposed under this section on:
(a) any person registered under this chapter who manufactures, distributes, or possesses
an imitation controlled substance for use as a placebo or investigational new drug by a
registered practitioner in the ordinary course of professional practice or research; or
(b) any law enforcement officer acting in the course and legitimate scope of the
officer's employment.
(12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
as defined in Subsection 
58-37-2
(1)(v), who uses, possesses, or transports peyote for bona fide
traditional ceremonial purposes in connection with the practice of a traditional Indian religion
as defined in Subsection 
58-37-2
(1)(w).
(b) In a prosecution alleging violation of this section regarding peyote as defined in
Subsection 
58-37-4
(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
connection with the practice of a traditional Indian religion.
(c) (i) The defendant shall provide written notice of intent to claim an affirmative
defense under this Subsection (12) as soon as practicable, but not later than 10 days prior to
trial.
(ii) The notice shall include the specific claims of the affirmative defense.
(iii) The court may waive the notice requirement in the interest of justice for good
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
(d) The defendant shall establish the affirmative defense under this Subsection (12) by
a preponderance of the evidence. If the defense is established, it is a complete defense to the
charges.
(13) (a) It is an affirmative defense that the person produced, possessed, or
administered a controlled substance listed in Section 
58-37-4.2
 if the person:
(i) was engaged in medical research; and
(ii) was a holder of a valid license to possess controlled substances under Section
58-37-6
.
(b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
a controlled substance listed in Section 
58-37-4.2
.
(14) It is an affirmative defense that the person possessed, in the person's body, a
controlled substance listed in Section 
58-37-4.2
 if:
(a) the person was the subject of medical research conducted by a holder of a valid
license to possess controlled substances under Section 
58-37-6
; and
(b) the substance was administered to the person by the medical researcher.
(15) The application of any increase in penalty under this section to a violation of
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
Subsection (15) takes precedence over any conflicting provision of this section.
(16) (a) It is an affirmative defense to an allegation of the commission of an offense
listed in Subsection (16)(b) that the person:
(i) reasonably believes that the person or another person is experiencing an overdose
event due to the ingestion, injection, inhalation, or other introduction into the human body of a
controlled substance or other substance;
(ii) reports in good faith the overdose event to a medical provider, an emergency
medical service provider as defined in Section 
26-8a-102
, a law enforcement officer, a 911
emergency call system, or an emergency dispatch system, or the person is the subject of a
report made under this Subsection (16);
(iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
actual location of the overdose event that facilitates responding to the person experiencing the
overdose event;
(iv) remains at the location of the person experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the person experiencing an overdose event is located until a
responding law enforcement officer arrives;
(v) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the person
experiencing the overdose event and any substances the person may have injected, inhaled, or
otherwise introduced into the person's body; and
(vi) is alleged to have committed the offense in the same course of events from which
the reported overdose arose.
(b) The offenses referred to in Subsection (16)(a) are:
(i) the possession or use of less than 16 ounces of marijuana;
(ii) the possession or use of a scheduled or listed controlled substance other than
marijuana; and
(iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
Imitation Controlled Substances Act.
(c) As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not
include seeking medical assistance under this section during the course of a law enforcement
agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
(17) If any provision of this chapter, or the application of any provision to any person
or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
invalid provision or application.
(18) A legislative body of a political subdivision may not enact an ordinance that is
less restrictive than any provision of this chapter.
(19) (a) If a minor who is under 18 years of age is found by a court to have violated this
section and the violation is the minor's first violation of this section, the court may:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
(b) If a minor who is under 18 years of age is found by a court to have violated this
section and the violation is the minor's second or subsequent violation of this section, the court
shall:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
Section 3. Section 
58-37f-201
 is amended to read:
58-37f-201.
Controlled substance database -- Creation -- Purpose.
(1) There is created within the division a controlled substance database.
(2) The division shall administer and direct the functioning of the database in
accordance with this chapter.
(3) The division may, under state procurement laws, contract with another state agency
or a private entity to establish, operate, or maintain the database.
(4) The division shall, in collaboration with the board, determine whether to operate
the database within the division or contract with another entity to operate the database, based
on an analysis of costs and benefits.
(5) The purpose of the database is to contain
:
(a)
 the data described in Section 
58-37f-203
 regarding every prescription for a
controlled substance dispensed in the state to any individual other than an inpatient in a
licensed health care facility[
.
]
;
(b) data reported to the division under Section 
26-21-26
 regarding poisoning or
overdose;
(c) data reported to the division under Subsection 
41-6a-502
(4) or 
41-6a-502.5
(5)(b)
regarding convictions for driving under the influence of a prescribed controlled substance or
impaired driving; and
(d) data reported to the division under Subsection 
58-37-8
(1)(e) or 
58-37-8
(2)(j)
regarding certain violations of the Utah Controlled Substances Act.
(6) The division shall maintain the database in an electronic file or by other means
established by the division to facilitate use of the database for identification of:
(a) prescribing practices and patterns of prescribing and dispensing controlled
substances;
(b) practitioners prescribing controlled substances in an unprofessional or unlawful
manner;
(c) individuals receiving prescriptions for controlled substances from licensed
practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet
in quantities or with a frequency inconsistent with generally recognized standards of dosage for
that controlled substance; [
and
]
(d) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to a pharmacy[
.
]
;
(e) individuals admitted to a general acute hospital for poisoning or overdose involving
a prescribed controlled substance; and
(f) individuals convicted for:
(i) driving under the influence of a prescribed controlled substance that renders the
individual incapable of safely operating a vehicle;
(ii) driving while impaired, in whole or in part, by a prescribed controlled substance; or
(iii) certain violations of the Utah Controlled Substances Act.
Section 4. Section 
58-37f-702
 is amended to read:
58-37f-702.
Entering prescribed controlled substance poisonings and overdoses
into the database and reporting them to practitioners.
(1) 
Ĥ→ [
Beginning on July 1, 2012, if the division
] 
When the database
 ←Ĥ
407a receives a report from a general acute
hospital under Section 
26-21-26
, regarding admission to a general acute hospital for poisoning
or overdose involving a prescribed controlled substance, the division shall 
Ĥ→ [
immediately enter
into the database the information supplied in the report and
] ←Ĥ
 , within three business days after
410a the
day on which the report is received:
(a) attempt to identify, through the database, each practitioner who may have
prescribed the controlled substance to the patient; and
(b) provide each practitioner identified under Subsection (1)(a) with:
(i) a copy of the report provided by the general acute hospital under Section 
26-21-26
;
and
(ii) the information obtained from the database that led the division to determine that
the practitioner receiving the information may have prescribed the controlled substance to the
person named in the report.
(2) It is the intent of the Legislature that the information provided under Subsection
(1)(b) is provided for the purpose of assisting the practitioner in:
(a) discussing with the patient issues relating to the poisoning or overdose;
(b) advising the patient of measures that may be taken to avoid a future poisoning or
overdose; and
(c) making decisions regarding future prescriptions written for the patient.
(3) Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
, increase the licensing fee described in Subsection 
58-37-6
(1)(b) to pay the startup
and ongoing costs of the division for complying with the requirements of this section.
Section 5. Section 
58-37f-703
 is amended to read:
58-37f-703.
Entering certain convictions into the database and reporting them to
practitioners.
(1) 
Ĥ→ [
Beginning on July 1, 2012, if
] 
When
 ←Ĥ
 the division receives a report
432a from a court under
Subsection 
41-6a-502
(4) or 
41-6a-502.5
(5)(b) relating to a conviction for driving under the
influence of, or while impaired by, a prescribed controlled substance, the division shall:
(a)
Ĥ→ [
immediately
] 
daily
 ←Ĥ
enter into the database the information supplied
435a 
in the report,
including the
Ĥ→ [
month during
] 
date on
 ←Ĥ
which the person was convicted;
[
(a)
] 
(b)
 attempt to identify, through the database, each practitioner who may have
prescribed the controlled substance to the convicted person; and
[
(b)
] 
(c)
 provide each practitioner identified under Subsection (1)[
(a)
]
(b)
 with:
(i) a copy of the information provided by the court; and
(ii) the information obtained from the database that led the division to determine that
the practitioner receiving the information may have prescribed the controlled substance to the
convicted person.
(2) It is the intent of the Legislature that the information provided under Subsection
(1)(b) is provided for the purpose of assisting the practitioner in:
(a) discussing the manner in which the controlled substance may impact the convicted
person's driving;
(b) advising the convicted person on measures that may be taken to avoid adverse
impacts of the controlled substance on future driving; and
(c) making decisions regarding future prescriptions written for the convicted person.
(3) Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
, increase the licensing fee described in Subsection 
58-37-6
(1)(b) to pay the startup
and ongoing costs of the division for complying with the requirements of this section.
Section 6. Section 
58-37f-704
 is enacted to read:
 58-37f-704.
Entering certain convictions into the database. 
Beginning
Ŝ→ [
July
] 
October
 ←Ŝ
1, 2016, if the division receives a report from a court
456a 
under Subsection
58-37-8
(1)(e) or 
58-37-8
(2)(j), the division shall
Ĥ→ [
immediately
] 
daily
 ←Ĥ
enter into
457a 
the database the
information supplied in the report.
458a 
Ĥ→ 
Section 7. Coordinating H.B, 114 with H.B. 149 --Superseding technical and substantive
458b 
amendments.
458c 
 If this H.B. 114 and H.B. 149, both pass and become law, it is the intent of
 ☆
458d 
the Legislature that the amendments to Subsection 58-37f-702(1) in H.B. 149 supersede the
458e 
amendments to Subsection 58-37f-702(1) in this bill when the Office of Legislative Research
458f 
and General Counsel prepares the Utah Code database for publication.
 ←Ĥ
Legislative Review Note
Office of Legislative Research and General Counsel