Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 246 First Substitute (2017GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires certain Utah-licensed nonresident pharmacies to submit to an inspection as a prerequisite for licensure;
• excludes drugs administered under certain conditions from certain drug-container labeling requirements;
• permits certain pharmacists to administer long-acting injectable drugs intramuscularly under certain conditions; and
• makes technical changes.

Every vote on this bill

Bill text

PHARMACY PRACTICE ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Paul Ray
LONG TITLE
General Description:
This bill amends the Pharmacy Practice Act.
Highlighted Provisions:
This bill:
▸ requires certain Utah-licensed nonresident pharmacies to submit to an inspection as
a prerequisite for licensure;
▸ excludes drugs administered under certain conditions from certain drug-container
labeling requirements;
▸ permits certain pharmacists to administer long-acting injectable drugs
intramuscularly under certain conditions; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
58-17b-306
, as last amended by Laws of Utah 2009, Chapter 183
58-17b-308
, as last amended by Laws of Utah 2015, Chapter 258
58-17b-602
, as last amended by Laws of Utah 2014, Chapter 72
ENACTS:
58-17b-625
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-17b-306
 is amended to read:
58-17b-306.
Qualifications for licensure as a pharmacy.
(1) Each applicant for licensure under this section, except for those applying for a class
D license, shall:
(a) submit a written application in the form prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) satisfy the division that the applicant, and each owner, officer, or manager of the
applicant have not engaged in any act, practice, or omission, which when considered with the
duties and responsibilities of a licensee under this section indicates there is cause to believe
that issuing a license to the applicant is inconsistent with the interest of the public's health,
safety, or welfare;
(d) demonstrate the licensee's operations will be in accordance with all federal, state,
and local laws relating to the type of activity engaged in by the licensee, including regulations
of the Federal Drug Enforcement Administration and Food and Drug Administration;
(e) maintain operating standards established by division rule made in collaboration
with the board; and
(f) acknowledge the division's authority to inspect the licensee's business premises
pursuant to Section 
58-17b-103
.
(2) Each applicant applying for a class D license shall:
(a) submit a written application in the form prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) present to the division verification of licensure in the state where physically located
and verification that such license is in good standing;
(d) provide a statement of the scope of pharmacy services that will be provided and a
detailed description of the protocol as described by rule by which pharmacy care will be
provided, including any collaborative practice arrangements with other health care
practitioners;
(e) sign an affidavit attesting that any healthcare practitioners employed by the
applicant and physically located in Utah have the appropriate license issued by the division and
in good standing; [
and
]
(f) sign an affidavit attesting that the applicant will abide by the pharmacy laws and
regulations of the jurisdiction in which the pharmacy is located[
.
]
; and
(g) if an applicant engages in compounding, submit the most recent inspection report:
(i) conducted within two years before the application for licensure; and
(ii) (A) conducted as part of the National Association of Boards of Pharmacy Verified
Pharmacy Program; or
(B) performed by the state licensing agency of the state in which the applicant is a
resident and in accordance with the National Association of Boards of Pharmacy multistate
inspection blueprint program.
(3) Each license issued under this section shall be issued for a single, specific address,
and is not transferable or assignable.
Section 2. Section 
58-17b-308
 is amended to read:
58-17b-308.
Term of license -- Expiration -- Renewal.
(1) Except as provided in Subsection (2), each license issued under this chapter shall be
issued in accordance with a two-year renewal cycle established by rule. A renewal period may
be extended or shortened by as much as one year to maintain established renewal cycles or to
change an established renewal cycle. Each license automatically expires on the expiration date
shown on the license unless renewed by the licensee in accordance with Section 
58-1-308
.
(2) The duration of a pharmacy intern license may be no longer than:
(a) one year for a license issued under Subsection 
58-17b-304
(7)(b); or
(b) five years for a license issued under Subsection 
58-17b-304
(7)(a).
(3) A pharmacy intern license issued under this chapter may not be renewed, but may
be extended by the division in collaboration with the board.
(4) As a prerequisite for renewal of a class D pharmacy license of a pharmacy that
engages in compounding, a licensee shall submit the most recent inspection report:
(a) conducted within two years before the application for renewal; and
(b) (i) conducted as part of the National Association of Boards of Pharmacy Verified
Pharmacy Program; or
(ii) performed by the state licensing agency of the state in which the applicant is a
resident and in accordance with the National Association of Boards of Pharmacy multistate
inspection blueprint program.
Section 3. Section 
58-17b-602
 is amended to read:
58-17b-602.
Prescription orders -- Information required -- Alteration -- Labels --
Signatures -- Dispensing in pharmacies.
(1) Except as provided in Section 
58-1-501.3
, the minimum information that shall be
included in a prescription order, and that may be defined by rule, is:
(a) the prescriber's name, address, and telephone number, and, if the order is for a
controlled substance, the patient's age and the prescriber's DEA number;
(b) the patient's name and address or, in the case of an animal, the name of the owner
and species of the animal;
(c) the date of issuance;
(d) the name of the medication or device prescribed and dispensing instructions, if
necessary;
(e) the directions, if appropriate, for the use of the prescription by the patient or animal
and any refill, special labeling, or other instructions;
(f) the prescriber's signature if the prescription order is written;
(g) if the order is an electronically transmitted prescription order, the prescribing
practitioner's electronic signature; and
(h) if the order is a hard copy prescription order generated from electronic media, the
prescribing practitioner's electronic or manual signature.
(2) The requirement of Subsection (1)(a) does not apply to prescription orders
dispensed for inpatients by hospital pharmacies if the prescriber is a current member of the
hospital staff and the prescription order is on file in the patient's medical record.
(3) Unless it is for a Schedule II controlled substance, a prescription order may be
dispensed by a pharmacist or pharmacy intern upon an oral prescription of a practitioner only if
the oral prescription is promptly reduced to writing.
(4) (a) Except as provided under Subsection (4)(b), a pharmacist or pharmacy intern
may not dispense or compound any prescription of a practitioner if the prescription shows
evidence of alteration, erasure, or addition by any person other than the person writing the
prescription.
(b) A pharmacist or pharmacy intern dispensing or compounding a prescription may
alter or make additions to the prescription after receiving permission of the prescriber and may
make entries or additions on the prescription required by law or necessitated in the
compounding and dispensing procedures.
(5) 
(a)
 Each drug dispensed shall have a label securely affixed to the container
indicating the following minimum information:
[
(a)
] 
(i)
 the name, address, and telephone number of the pharmacy;
[
(b)
] 
(ii)
 the serial number of the prescription as assigned by the dispensing pharmacy;
[
(c)
] 
(iii)
 the filling date of the prescription or its last dispensing date;
[
(d)
] 
(iv)
 the name of the patient, or in the case of an animal, the name of the owner
and species of the animal;
[
(e)
] 
(v)
 the name of the prescriber;
[
(f)
] 
(vi)
 the directions for use and cautionary statements, if any, which are contained in
the prescription order or are needed;
[
(g)
] 
(vii)
 except as provided in Subsection (7), the trade, generic, or chemical name,
amount dispensed and the strength of dosage form, but if multiple ingredient products with
established proprietary or nonproprietary names are prescribed, those products' names may be
used; and
[
(h)
] 
(viii)
 the beyond use date.
(b) The requirements described in Subsections (5)(a)(i) through (vi) do not apply to a
label on the container of a drug that a health care provider administers to a patient at:
(i) a pharmaceutical administration facility; or
(ii) a hospital licensed under Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act.
(6) A hospital pharmacy that dispenses a prescription drug that is packaged in a
multidose container to a hospital patient may provide the drug in the multidose container to the
patient when the patient is discharged from the hospital if:
(a) the pharmacy receives a discharge order for the patient; and
(b) the pharmacy labels the drug with the:
(i) patient's name;
(ii) drug's name and strength;
(iii) directions for use of the drug, if applicable; and
(iv) pharmacy's name and phone number.
(7) If the prescriber specifically indicates the name of the prescription product should
not appear on the label, then any of the trade, generic, chemical, established proprietary, and
established nonproprietary names and the strength of dosage form may not be included.
(8) Prescribers are encouraged to include on prescription labels the information
described in Section 
58-17b-602.5
 in accordance with the provisions of that section.
(9) A pharmacy may only deliver a prescription drug to a patient or a patient's agent:
(a) in person at the pharmacy; or
(b) via the United States Postal Service, a licensed common carrier, or supportive
personnel, if the pharmacy takes reasonable precautions to ensure the prescription drug is:
(i) delivered to the patient or patient's agent; or
(ii) returned to the pharmacy.
Section 4. Section 
58-17b-625
 is enacted to read:
 58-17b-625.
Administration of a long-acting injectable drug therapy.
(1) A pharmacist may, in accordance with this section, administer a drug described in
Subsection (2).
(2) Notwithstanding the provisions of Subsection 
58-17b-102
(57)(c)(ii)(B), the
division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, establishing training for a pharmacist to administer the following long-acting
injectables intramuscularly:
(a) aripiprazole;
(b) paliperidone;
(c) risperidone;
(d) olanzapine;
(e) naltrexone;
(f) naloxone; and
(g) drugs approved and regulated by the United States Food and Drug Administration
for the treatment of the Human Immunodeficiency Virus.
(3) A pharmacist may not administer a drug listed under Subsection (2) unless the
pharmacist:
(a) completes the training described in Subsection (2);
(b) administers the drug at a clinic or community pharmacy, as those terms are defined
by the division, by administrative rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(c) is directed by the physician, as that term is defined in Section 
58-67-102
 or Section
58-68-102
, who issues the prescription to administer the drug.
Section 5. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 9, 2017.
(2) The amendments to Sections 
58-17b-306
 and 
58-17b-308
 take effect on October 1,
2017.