Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 239 (2016GS)

Sponsor

Rep. McKell, M.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires the Division of Occupational and Professional Licensing within the Department of Commerce to make opioid prescription data information in its controlled substance database accessible to an opioid prescriber or pharmacist via the prescriber's or pharmacist's electronic data system;
• limits access to and use of the information by an electronic data system, a prescriber, or a pharmacist in accordance with rules established by the division;
• requires rulemaking by the division;
• requires the division to periodically audit use of the information; and
• amends Controlled Substance Database Act penalty provisions.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 12, 2016 at 10:55 AM by cynthiahopkin.
ACCESS TO OPIOID PRESCRIPTION INFORMATION VIA
PRACTITIONER DATA MANAGEMENT SYSTEMS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike K. McKell
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill amends the Controlled Substance Database Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Division of Occupational and Professional Licensing within the
Department of Commerce to make opioid prescription data information in its
controlled substance database accessible to an opioid prescriber or pharmacist via
the prescriber's or pharmacist's electronic data system;
▸ limits access to and use of the information by an electronic data system, a
prescriber, or a pharmacist in accordance with rules established by the division;
▸ requires rulemaking by the division;
▸ requires the division to periodically audit use of the information; and
▸ amends Controlled Substance Database Act penalty provisions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-37f-601
, as last amended by Laws of Utah 2015, Chapter 326
ENACTS:
58-37f-303
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-37f-303
 is enacted to read:
 58-37f-303.
Access to opioid prescription information via an electronic data
system.
(1) As used in this section:
(a) "Dispense" means the same as that term is defined in Section 
58-17b-102
.
(b) "EDS user":
(i) means:
(A) a prescriber;
(B) a pharmacist; or
(C) an individual granted access to the database under Subsection 
58-37f-301
(3)(c);
and
(ii) does not mean an individual whose access to the database has been revoked by the
division pursuant to Subsection 
58-37f-301
(5)(b).
(c) "Electronic data system" means a software product or an electronic service used by:
(i) a prescriber to manage electronic health records; or
(ii) a pharmacist to manage the dispensing of prescription drugs.
(d) "Opioid" means any substance listed in Subsection 
58-37-4
(2)(b)(i) or (2)(b)(ii).
(e) "Pharmacist" means the same as that term is defined in Section 
58-17b-102
.
(f) "Prescriber" means a practitioner, as that term is defined in Section 
58-37-2
, who is
licensed under Section 
58-37-6
 to prescribe an opioid.
(g) "Prescription drug" means the same as that term is defined in Section 
58-17b-102
.
(2) Subject to Subsections (3) through (6), no later than January 1, 2017, the division
shall make opioid prescription information in the database available to an EDS user via the
user's electronic data system.
(3) An electronic data system may be used to make opioid prescription information in
the database available to an EDS user only if the electronic data system complies with rules
established by the division under Subsection (4).
(4) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying:
(i) an electronic data system's:
(A) allowable access to and use of opioid prescription information in the database; and
(B) minimum actions that must be taken to ensure that opioid prescription information
accessed from the database is protected from inappropriate disclosure or use; and
(ii) an EDS user's:
(A) allowable access to opioid prescription information in the database via an
electronic data system; and
(B) allowable use of the information.
(b) The rules shall establish:
(i) minimum user identification requirements that in substance are the same as the
database identification requirements in Section 
58-37f-301
;
(ii) user access restrictions that in substance are the same as the database identification
requirements in Section 
58-37f-301
; and
(iii) any other requirements necessary to ensure that in substance the provisions of
Sections 
58-37f-301
 and 
58-37f-302
 apply to opioid prescription information in the database
that has been made available to an EDS user via an electronic data system.
(5) The division may not make opioid prescription information in the database
available to an EDS user via the user's electronic data system if:
(a) the electronic data system does not comply with the rules established by the
division under Subsection (4); or
(b) the EDS user does not comply with the rules established by the division under
Subsection (4).
(6) (a) The division shall periodically audit the use of opioid prescription information
made available to an EDS user via the user's electronic data system.
(b) The audit shall review compliance by:
(i) the electronic data system with rules established by the division under Subsection
(4); and
(ii) the EDS user with rules established by the division under Subsection (4).
(c) (i) If the division determines by audit or other means that an electronic data system
is not in compliance with rules established by the division under Subsection (4), the division
shall immediately suspend or revoke the electronic data system's access to opioid prescription
information in the database.
(ii) If the division determines by audit or other means that an EDS user is not in
compliance with rules established by the division under Subsection (4), the division shall
immediately suspend or revoke the EDS user's access to opioid prescription information in the
database via an electronic data system.
(iii) If the division suspends or revokes access to opioid prescription information in the
database under Subsection (6)(c)(i) or (6)(c)(ii), the division shall also take any other
appropriate corrective or disciplinary action authorized by this chapter or title.
101a 
Ĥ→ 
(7)The division shall report to the Health and Human Services Interim Committee during
101b 
the 2017 interim and the 2018 interim on the implementation of this section. The reports shall
101c 
be made before October 1 each year.
 ←Ĥ
Section 2. Section 
58-37f-601
 is amended to read:
58-37f-601.
Unlawful release or use of database information -- Criminal and civil
penalties.
(1) (a) Any person who knowingly and intentionally releases
:
(i)
 any information in the database or any information obtained from other state or
federal prescription monitoring programs by means of the database in violation of the
limitations under Part 3, Access, is guilty of a third degree felony
; or
(ii) any information in the database accessed under Section 
58-37f-303
 by an electronic
data system, or accessed by a person via an electronic data system, in violation of rules
established by the division under Subsection 
58-37f-303
(4) is guilty of a third degree felony
.
(b) Any person who negligently or recklessly releases
:
(i)
 any information in the database or any information obtained from other state or
federal prescription monitoring programs by means of the database in violation of the
limitations under [
Title 58, Chapter 37f,
] Part 3, Access, is guilty of a class C misdemeanor
; or
(ii) any information in the database accessed under Section 
58-37f-303
 by an electronic
data system, or accessed by a person via an electronic data system, in violation of rules
established by the division under Subsection 
58-37f-303
(4) is guilty of a class C misdemeanor
.
(2) (a) Any person who obtains or attempts to obtain 
the following by
misrepresentation or fraud is guilty of a third degree felony:
(i)
 information from the database [
or
]
;
(ii) information
 from any other state or federal prescription monitoring [
programs
]
program
 by means of the database [
by misrepresentation or fraud is guilty of a third degree
felony.
]
; or
(iii) information from the database or any other state or federal prescription monitoring
program via an electronic data system under Section 
58-37f-303
.
(b) Any person who obtains or attempts to obtain information from the database
,
including via an electronic data system under Section 
58-37f-303
 that has access to the
database,
 for a purpose other than a purpose authorized by this chapter or by rule is guilty of a
third degree felony.
(3) (a) Except as provided in Subsection (3)(e), a person may not knowingly and
intentionally use, release, publish, or otherwise make available to any other person [
any
] 
the
following
 information 
for any purpose other than those specified in Part 3, Access:
(i) information
 obtained from the database [
or
]
;
(ii) information obtained
 from any other state or federal prescription monitoring
[
programs
] 
program
 by means of the database [
for any purpose other than those specified in
Part 3, Access
]
; or
(iii) information in the database accessed under Section 
58-37f-303
 by:
(A) an electronic data system; or
(B) a person via an electronic data system
.
(b) Each separate violation of this Subsection (3) is a third degree felony and is also
subject to a civil penalty not to exceed $5,000.
(c) The procedure for determining a civil violation of this Subsection (3) is in
accordance with Section 
58-1-108
, regarding adjudicative proceedings within the division.
(d) Civil penalties assessed under this Subsection (3) shall be deposited in the General
Fund as a dedicated credit to be used by the division under Subsection 
58-37f-502
(1).
(e) This Subsection (3) does not prohibit a person who obtains information from the
database under Subsection 
58-37f-301
(2)(f), (g), (i), or (4)(c) from:
(i) including the information in the person's medical chart or file for access by a person
authorized to review the medical chart or file; or
(ii) providing the information to a person in accordance with the requirements of the
Health Insurance Portability and Accountability Act of 1996.
Legislative Review Note
Office of Legislative Research and General Counsel