Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 175 (2017GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires controlled substance prescribers to receive training in a nationally recognized opioid abuse screening method;
• permits controlled substance prescribers to fulfill continuing education requirements through training in the screening method;
• permits controlled substance prescribers who receive a DATA 2000 waiver to use the waiver to fulfill certain continuing education requirements;
• requires Medicaid reimbursement to health care providers for screening services;
• requires the Public Employees' Benefit and Insurance Program to reimburse health care providers for screening services; and
• makes technical changes.

Every vote on this bill

Bill text

OPIOID ABUSE PREVENTION AND TREATMENT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Brian E. Shiozawa
Cosponsors:
Rebecca Chavez-Houck
Brad M. Daw
Craig Hall
Sandra Hollins
Michael S. Kennedy
Michael E. Noel
LONG TITLE
General Description:
This bill requires controlled substance prescribers to receive training in a nationally
recognized opioid abuse screening method and requires reimbursement for the
screening services.
Highlighted Provisions:
This bill:
▸ requires controlled substance prescribers to receive training in a nationally
recognized opioid abuse screening method;
▸ permits controlled substance prescribers to fulfill continuing education requirements
through training in the screening method;
▸ permits controlled substance prescribers who receive a DATA 2000 waiver to use
the waiver to fulfill certain continuing education requirements;
▸ requires Medicaid reimbursement to health care providers for screening services;
▸ requires the Public Employees' Benefit and Insurance Program to reimburse health
care providers for screening services; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-37-6.5
, as repealed and reenacted by Laws of Utah 2013, Chapter 450
ENACTS:
26-18-21
, Utah Code Annotated 1953
49-20-414
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-21
 is enacted to read:
 26-18-21.
Screening, Brief Intervention, and Referral to Treatment Medicaid
reimbursement.
(1) As used in this section:
(a) "Controlled substance prescriber" means a controlled substance prescriber, as that
term is defined in Section 
58-37-6.5
, who:
(i) has a record of having completed SBIRT training, in accordance with Subsection
58-37-6.5
(2), before providing the SBIRT services; and
(ii) is a Medicaid enrolled health care provider.
(b) "SBIRT" means the same as that term is defined in Section 
58-37-6.5
.
(2) The department shall reimburse a controlled substance prescriber who provides
SBIRT services to a Medicaid enrollee who is 13 years of age or older for the SBIRT services.
Section 2. Section 
49-20-414
 is enacted to read:
 49-20-414.
Screening, Brief Intervention, and Referral to Treatment program
reimbursement.
(1) As used in this section:
(a) "Controlled substance prescriber" means a controlled substance prescriber, as that
term is defined in Section 
58-37-6.5
, who:
(i) has a record of having completed SBIRT training, in accordance with Subsection
58-37-6.5
(2), before providing the SBIRT services; and
(ii) is a program enrolled controlled substance prescriber.
(b) "SBIRT" means the same as that term is defined in Section 
58-37-6.5
.
(2) The health program offered to the state employee risk pool under Section
49-20-202
 shall reimburse a controlled substance prescriber who provides SBIRT services to a
covered individual who is 13 years of age or older for the SBIRT services.
Section 3. Section 
58-37-6.5
 is amended to read:
58-37-6.5.
Continuing education for controlled substance prescribers.
(1) For the purposes of this section:
(a) "Controlled substance prescriber" means an individual, other than a veterinarian,
who:
(i) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
Controlled Substances Act; and
(ii) possesses the authority, in accordance with the individual's scope of practice, to
prescribe schedule II controlled substances and schedule III controlled substances that are
applicable to opioid narcotics, hypnotic depressants, or psychostimulants.
(b) "D.O." means an osteopathic physician and surgeon licensed under Title 58,
Chapter 68, Utah Osteopathic Medical Practice Act.
[
(b)
] 
(c)
 "FDA" means the United States Food and Drug Administration.
[
(c)
] 
(d)
 "M.D." means a physician and surgeon licensed under Title 58, Chapter 67,
Utah Medical Practice Act.
[
(d) "D.O." means an osteopathic physician and surgeon licensed under Title 58,
Chapter 68, Utah Osteopathic Medical Practice Act.
]
(e) "SBIRT" means the Screening, Brief Intervention, and Referral to Treatment
approach used by the federal Substance Abuse and Mental Health Services Administration or
defined by the division, in consultation with the Division of Substance Abuse and Mental
Health, by administrative rule, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(2) 
(a)
 Beginning with the licensing period that begins after January 1, 2014, as a
condition precedent for license renewal, each controlled substance prescriber shall complete at
least four continuing education hours per licensing period that satisfy the requirements of
Subsections (3) and (4).
(b) (i) Beginning with the licensing period that begins after January 1, 2024, as a
condition precedent for license renewal, each controlled substance prescriber shall complete at
least 3.5 continuing education hours in an SBIRT-training class that satisfies the requirements
of Subsection (5).
(ii) Completion of the SBIRT-training class, in compliance with Subsection (2)(b)(i),
fulfills the continuing education hours requirement in Subsection (4) for the licensing period in
which the class was completed.
(iii) A controlled substance prescriber:
(A) need only take the SBIRT-training class once during the controlled substance
prescriber's licensure in the state; and
(B) shall provide a completion record of the SBIRT-training class in order to be
reimbursed for SBIRT services to patients, in accordance with Section 
26-18-21
 and Section
49-20-414
.
(3) As provided in Subsection 
58-37f-402
(8), the online tutorial and passing the online
test described in Section 
58-37f-402
 shall count as 1/2 hour of continuing professional
education under Subsection (2) per licensing period.
(4) A controlled substance prescriber shall complete at least 3.5 hours of continuing
education [
hours
] in one or more controlled substance prescribing classes, except dentists who
shall complete at least [
such
] 
two
 hours, that satisfy the requirements of Subsections (5) and
(7).
(5) A controlled substance prescribing class shall:
(a) satisfy the division's requirements for the continuing education required for the
renewal of the controlled substance prescriber's respective license type;
(b) be delivered by an accredited or approved continuing education provider
recognized by the division as offering continuing education appropriate for the controlled
substance prescriber's respective license type; and
(c) include a postcourse knowledge assessment.
(6) An M.D. or D.O. completing continuing professional education hours under
Subsection (4) shall complete those hours in classes that qualify for the American Medical
Association Physician's Recognition Award Category 1 Credit.
(7) The 3.5 hours of the controlled substance prescribing classes under Subsection (4)
shall include educational content covering the following:
(a) the scope of the controlled substance abuse problem in Utah and the nation;
(b) all elements of the FDA Blueprint for Prescriber Education under the FDA's
Extended-Release and Long-Acting Opioid Analgesics Risk Evaluation and Mitigation
Strategy, as published July 9, 2012, or as it may be subsequently revised;
(c) the national and Utah-specific resources available to prescribers to assist in
appropriate controlled substance and opioid prescribing;
(d) patient record documentation for controlled substance and opioid prescribing; and
(e) office policies, procedures, and implementation.
(8) (a) The division, in consultation with the Utah Medical Association Foundation,
shall determine whether a particular controlled substance prescribing class satisfies the
educational content requirements of Subsections (5) and (7) for an M.D. or D.O.
(b) The division, in consultation with the applicable professional licensing boards,
shall determine whether a particular controlled substance prescribing class satisfies the
educational content requirements of Subsections (5) and (7) for a controlled substance
prescriber other than an M.D. or D.O.
(c) The division may by rule establish a committee that may audit compliance with the
Utah Risk Evaluation and Mitigation Strategy (REMS) Educational Programming Project
grant, that satisfies the educational content requirements of Subsections (5) and (7) for a
controlled substance prescriber.
(9) A controlled substance prescribing class required under this section:
(a) may be held:
(i) in conjunction with other continuing professional education programs; and
(ii) online; and
(b) does not increase the total number of state-required continuing professional
education hours required for prescriber licensing.
(10) The division may establish rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this section.
(11) A controlled substance prescriber who, on or after July 1, 2017, obtains a waiver
to treat opioid dependency with narcotic medications, in accordance with the Drug Addiction
Treatment Act of 2000, 21 U.S.C. Sec. 823 et seq., may use the waiver to satisfy the 3.5 hours
of the continuing education requirement under Subsection (4) for two consecutive licensing
periods.