Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 423 (2020GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• adds pharmacy interns and technicians under the supervision of a licensed pharmacist to those allowed to access the Controlled Substance Database; and
• makes technical corrections.

Every vote on this bill

Bill text

CONTROLLED SUBSTANCES DATABASE ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
Ronald Winterton
LONG TITLE
General Description:
This bill adds pharmacy interns and technicians to persons with access to the Controlled
Substance Database.
Highlighted Provisions:
This bill:
▸ adds pharmacy interns and technicians under the supervision of a licensed
pharmacist to those allowed to access the Controlled Substance Database; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-37f-203
, as last amended by Laws of Utah 2019, Chapter 59
58-37f-301
, as last amended by Laws of Utah 2018, Chapter 123
58-37f-303
, as enacted by Laws of Utah 2016, Chapter 112
58-37f-304
, as last amended by Laws of Utah 2019, Chapter 128
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-37f-203
 is amended to read:
58-37f-203.
Submission, collection, and maintenance of data.
(1) (a) The division shall implement on a statewide basis, including non-resident
pharmacies as defined in Section 
58-17b-102
, the following two options for a pharmacist to
submit information:
(i) real-time submission of the information required to be submitted under this part to
the controlled substance database; and
(ii) 24-hour daily or next business day, whichever is later, batch submission of the
information required to be submitted under this part to the controlled substance database.
(b) [
(i)
] On and after January 1, 2016, a pharmacist shall comply with either:
[
(A)
] 
(i)
 the submission time requirements established by the division under
Subsection (1)(a)(i); or
[
(B)
] 
(ii)
 the submission time requirements established by the division under
Subsection (1)(a)(ii).
[
(ii) Prior to January 1, 2016, a pharmacist may submit information using either option
under this Subsection (1).
]
(c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
(2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
controlled substance is dispensed shall submit the data described in this section to the division
in accordance with:
(i) the requirements of this section;
(ii) the procedures established by the division;
(iii) additional types of information or data fields established by the division; and
(iv) the format established by the division.
(b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
the provisions of this section and the dispensing medical practitioner shall assume the duties of
the pharmacist under this chapter.
(3) (a) The pharmacist-in-charge and the pharmacist described in Subsection (2)(b)
shall, for each controlled substance dispensed by a pharmacist under the pharmacist's
supervision [
other than those dispensed for an inpatient at a health care facility
], submit to the
division any type of information or data field established by the division by rule in accordance
with Subsection (6) regarding:
(i) each controlled substance that is dispensed by the pharmacist or under the
pharmacist's supervision; and
(ii) each noncontrolled substance that is:
(A) designated by the division under Subsection (8)(a); and
(B) dispensed by the pharmacist or under the pharmacist's supervision.
(b) Subsection (3)(a) does not apply to a drug that is dispensed for [
an inpatient
]
administration to, or use by, a patient
 at a health care facility.
(4) An individual whose records are in the database may obtain those records upon
submission of a written request to the division.
(5) (a) A patient whose record is in the database may contact the division in writing to
request correction of any of the patient's database information that is incorrect. The patient
shall provide a postal address for the division's response.
(b) The division shall grant or deny the request within 30 days from receipt of the
request and shall advise the requesting patient of its decision by mail postmarked within 35
days of receipt of the request.
(c) If the division denies a request under this Subsection (5) or does not respond within
35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
after the postmark date of the patient's letter making a request for a correction under this
Subsection (5).
(6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish submission requirements under this part,
including:
(a) electronic format;
(b) submission procedures; and
(c) required information and data fields.
(7) The division shall ensure that the database system records and maintains for
reference:
(a) the identification of each individual who requests or receives information from the
database;
(b) the information provided to each individual; and
(c) the date and time that the information is requested or provided.
(8) (a) The division, in collaboration with the Utah Controlled Substance Advisory
Committee created in Section 
58-38a-201
, shall designate a list of noncontrolled substances
described in Subsection (8)(b) by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(b) To determine whether a prescription drug should be designated in the schedules of
controlled substances under this chapter, the division may collect information about a
prescription drug as defined in Section 
58-17b-102
 that is not designated in the schedules of
controlled substances under this chapter.
Section 2. Section 
58-37f-301
 is amended to read:
58-37f-301.
Access to database.
(1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) effectively enforce the limitations on access to the database as described in this
part; and
(b) establish standards and procedures to ensure accurate identification of individuals
requesting information or receiving information without request from the database.
(2) The division shall make information in the database and information obtained from
other state or federal prescription monitoring programs by means of the database available only
to the following individuals, in accordance with the requirements of this chapter and division
rules:
(a) (i) personnel of the division specifically assigned to conduct investigations related
to controlled substance laws under the jurisdiction of the division; and
(ii) the following law enforcement officers, but the division may only provide
nonidentifying information, limited to gender, year of birth, and postal ZIP code, regarding
individuals for whom a controlled substance has been prescribed or to whom a controlled
substance has been dispensed:
(A) a law enforcement agency officer who is engaged in a joint investigation with the
division; and
(B) a law enforcement agency officer to whom the division has referred a suspected
criminal violation of controlled substance laws;
(b) authorized division personnel engaged in analysis of controlled substance
prescription information as a part of the assigned duties and responsibilities of their
employment;
(c) a board member if:
(i) the board member is assigned to monitor a licensee on probation; and
(ii) the board member is limited to obtaining information from the database regarding
the specific licensee on probation;
(d) a member of a diversion committee established in accordance with Subsection
58-1-404
(2) if:
(i) the diversion committee member is limited to obtaining information from the
database regarding the person whose conduct is the subject of the committee's consideration;
and
(ii) the conduct that is the subject of the committee's consideration includes a violation
or a potential violation of Chapter 37, Utah Controlled Substances Act, or another relevant
violation or potential violation under this title;
(e) in accordance with a written agreement entered into with the department,
employees of the Department of Health:
(i) whom the director of the Department of Health assigns to conduct scientific studies
regarding the use or abuse of controlled substances, if the identity of the individuals and
pharmacies in the database are confidential and are not disclosed in any manner to any
individual who is not directly involved in the scientific studies;
(ii) when the information is requested by the Department of Health in relation to a
person or provider whom the Department of Health suspects may be improperly obtaining or
providing a controlled substance; or
(iii) in the medical examiner's office;
(f) in accordance with a written agreement entered into with the department, a designee
of the director of the Department of Health, who is not an employee of the Department of
Health, whom the director of the Department of Health assigns to conduct scientific studies
regarding the use or abuse of controlled substances pursuant to an application process
established in rule by the Department of Health, if:
(i) the designee provides explicit information to the Department of Health regarding
the purpose of the scientific studies;
(ii) the scientific studies to be conducted by the designee:
(A) fit within the responsibilities of the Department of Health for health and welfare;
(B) are reviewed and approved by an Institutional Review Board that is approved for
human subject research by the United States Department of Health and Human Services; [
and
]
(C) are not conducted for profit or commercial gain; and
(D) are conducted in a research facility, as defined by division rule, that is associated
with a university or college accredited by one or more regional or national accrediting agencies
recognized by the United States Department of Education;
(iii) the designee protects the information as a business associate of the Department of
Health; and
(iv) the identity of the prescribers, patients, and pharmacies in the database are
de-identified, confidential, not disclosed in any manner to the designee or to any individual
who is not directly involved in the scientific studies;
(g) in accordance with the written agreement entered into with the department and the
Department of Health, authorized employees of a managed care organization, as defined in 42
C.F.R. Sec. 438, if:
(i) the managed care organization contracts with the Department of Health under the
provisions of Section 
26-18-405
 and the contract includes provisions that:
(A) require a managed care organization employee who will have access to information
from the database to submit to a criminal background check; and
(B) limit the authorized employee of the managed care organization to requesting
either the division or the Department of Health to conduct a search of the database regarding a
specific Medicaid enrollee and to report the results of the search to the authorized employee;
and
(ii) the information is requested by an authorized employee of the managed care
organization in relation to a person who is enrolled in the Medicaid program with the managed
care organization, and the managed care organization suspects the person may be improperly
obtaining or providing a controlled substance;
(h) a licensed practitioner having authority to prescribe controlled substances, to the
extent the information:
(i) (A) relates specifically to a current or prospective patient of the practitioner; and
(B) is provided to or sought by the practitioner for the purpose of:
(I) prescribing or considering prescribing any controlled substance to the current or
prospective patient;
(II) diagnosing the current or prospective patient;
(III) providing medical treatment or medical advice to the current or prospective
patient; or
(IV) determining whether the current or prospective patient:
(Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;
or
(Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the practitioner;
(ii) (A) relates specifically to a former patient of the practitioner; and
(B) is provided to or sought by the practitioner for the purpose of determining whether
the former patient has fraudulently obtained, or has attempted to fraudulently obtain, a
controlled substance from the practitioner;
(iii) relates specifically to an individual who has access to the practitioner's Drug
Enforcement Administration identification number, and the practitioner suspects that the
individual may have used the practitioner's Drug Enforcement Administration identification
number to fraudulently acquire or prescribe a controlled substance;
(iv) relates to the practitioner's own prescribing practices, except when specifically
prohibited by the division by administrative rule;
(v) relates to the use of the controlled substance database by an employee of the
practitioner, described in Subsection (2)(i); or
(vi) relates to any use of the practitioner's Drug Enforcement Administration
identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a
controlled substance;
(i) in accordance with Subsection (3)(a), an employee of a practitioner described in
Subsection (2)(h), for a purpose described in Subsection (2)(h)(i) or (ii), if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner provides written notice to the division of the identity of the
employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
(j) an employee of the same business that employs a licensed practitioner under
Subsection (2)(h) if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner and the employing business provide written notice to the division of
the identity of the designated employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
(k) a licensed pharmacist having authority to dispense a controlled substance
, or a
licensed pharmacy intern or pharmacy technician working under the general supervision of a
licensed pharmacist,
 to the extent the information is provided or sought for the purpose of:
(i) dispensing or considering dispensing any controlled substance; [
or
]
(ii) determining whether a person:
(A) is attempting to fraudulently obtain a controlled substance from the [
pharmacist
]
pharmacy, practitioner, or health care facility
; or
(B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the [
pharmacist
] 
pharmacy, practitioner, or health care facility
;
(iii) reporting to the controlled substance database; or
(iv) verifying the accuracy of the data submitted to the controlled substance database
on behalf of a pharmacy where the licensed pharmacist, pharmacy intern, or pharmacy
technician is employed;
[
(l) in accordance with Subsection (3)(a), a licensed pharmacy technician and
pharmacy intern who is an employee of a pharmacy as defined in Section 
58-17b-102
, for the
purposes described in Subsection (2)(j)(i) or (ii), if:
]
[
(i) the employee is designated by the pharmacist-in-charge as an individual authorized
to access the information on behalf of a licensed pharmacist employed by the pharmacy;
]
[
(ii) the pharmacist-in-charge provides written notice to the division of the identity of
the employee; and
]
[
(iii) the division:
]
[
(A) grants the employee access to the database; and
]
[
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
]
[
(m)
] 
(l)
 pursuant to a valid search warrant, federal, state, and local law enforcement
officers and state and local prosecutors who are engaged in an investigation related to:
(i) one or more controlled substances; and
(ii) a specific person who is a subject of the investigation;
[
(n)
] 
(m)
 subject to Subsection (7), a probation or parole officer, employed by the
Department of Corrections or by a political subdivision, to gain access to database information
necessary for the officer's supervision of a specific probationer or parolee who is under the
officer's direct supervision;
[
(o)
] 
(n)
 employees of the Office of Internal Audit and Program Integrity within the
Department of Health who are engaged in their specified duty of ensuring Medicaid program
integrity under Section 
26-18-2.3
;
[
(p)
] 
(o)
 a mental health therapist, if:
(i) the information relates to a patient who is:
(A) enrolled in a licensed substance abuse treatment program; and
(B) receiving treatment from, or under the direction of, the mental health therapist as
part of the patient's participation in the licensed substance abuse treatment program described
in Subsection (2)[
(p)
]
(o)
(i)(A);
(ii) the information is sought for the purpose of determining whether the patient is
using a controlled substance while the patient is enrolled in the licensed substance abuse
treatment program described in Subsection (2)[
(p)
]
(o)
(i)(A); and
(iii) the licensed substance abuse treatment program described in Subsection
(2)[
(p)
]
(o)
(i)(A) is associated with a practitioner who:
(A) is a physician, a physician assistant, an advance practice registered nurse, or a
pharmacist; and
(B) is available to consult with the mental health therapist regarding the information
obtained by the mental health therapist, under this Subsection (2)[
(p)
]
(o)
, from the database;
[
(q)
] 
(p)
 an individual who is the recipient of a controlled substance prescription
entered into the database, upon providing evidence satisfactory to the division that the
individual requesting the information is in fact the individual about whom the data entry was
made;
[
(r)
] 
(q)
 an individual under Subsection (2)[
(q)
]
(p)
 for the purpose of obtaining a list of
the persons and entities that have requested or received any information from the database
regarding the individual, except if the individual's record is subject to a pending or current
investigation as authorized under this Subsection (2);
[
(s)
] 
(r)
 the inspector general, or a designee of the inspector general, of the Office of
Inspector General of Medicaid Services, for the purpose of fulfilling the duties described in
Title 63A, Chapter 13, Part 2, Office and Powers;
[
(t)
] 
(s)
 the following licensed physicians for the purpose of reviewing and offering an
opinion on an individual's request for workers' compensation benefits under Title 34A, Chapter
2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act:
(i) a member of the medical panel described in Section 
34A-2-601
;
(ii) a physician employed as medical director for a licensed workers' compensation
insurer or an approved self-insured employer; or
(iii) a physician offering a second opinion regarding treatment; and
[
(u)
] 
(t)
 members of Utah's Opioid Fatality Review Committee, for the purpose of
reviewing a specific fatality due to opioid use and recommending policies to reduce the
frequency of opioid use fatalities.
(3) (a) [
(i)
] A practitioner described in Subsection (2)(h) may designate one or more
employees to access information from the database under Subsection (2)(i), (2)(j), or (4)(c).
[
(ii) A pharmacist described in Subsection (2)(k) who is a pharmacist-in-charge may
designate up to five employees to access information from the database under Subsection
(2)(l).
]
(b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(i) establish background check procedures to determine whether an employee
designated under Subsection (2)(i), (2)(j), or (4)(c) should be granted access to the database;
and
(ii) establish the information to be provided by an emergency department employee
under Subsection (4); and
(iii) facilitate providing controlled substance prescription information to a third party
under Subsection (5).
(c) The division shall grant an employee designated under Subsection (2)(i), (2)(j), or
(4)(c) access to the database, unless the division determines, based on a background check, that
the employee poses a security risk to the information contained in the database.
(4) (a) An individual who is employed in the emergency department of a hospital may
exercise access to the database under this Subsection (4) on behalf of a licensed practitioner if
the individual is designated under Subsection (4)(c) and the licensed practitioner:
(i) is employed 
or privileged to work
 in the emergency department;
(ii) is treating an emergency department patient for an emergency medical condition;
and
(iii) requests that an individual employed in the emergency department and designated
under Subsection (4)(c) obtain information regarding the patient from the database as needed in
the course of treatment.
(b) The emergency department employee obtaining information from the database
shall, when gaining access to the database, provide to the database the name and any additional
identifiers regarding the requesting practitioner as required by division administrative rule
established under Subsection (3)(b).
(c) An individual employed in the emergency department under this Subsection (4)
may obtain information from the database as provided in Subsection (4)(a) if:
(i) the employee is designated by the [
practitioner
] 
hospital
 as an individual authorized
to access the information on behalf of the 
emergency department
 practitioner;
(ii) [
the practitioner and
] the hospital operating the emergency department provide
written notice to the division of the identity of the designated employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database [
in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee
].
(d) The division may impose a fee, in accordance with Section 
63J-1-504
, on a
practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to pay for the
costs incurred by the division to conduct the background check and make the determination
described in Subsection (3)(b).
(5) (a) (i) An individual may request that the division provide the information under
Subsection (5)(b) to a third party who is designated by the individual each time a controlled
substance prescription for the individual is dispensed.
(ii) The division shall upon receipt of the request under this Subsection (5)(a) advise
the individual in writing that the individual may direct the division to discontinue providing the
information to a third party and that notice of the individual's direction to discontinue will be
provided to the third party. 
(b) The information the division shall provide under Subsection (5)(a) is:
(i) the fact a controlled substance has been dispensed to the individual, but without
identifying the controlled substance; and
(ii) the date the controlled substance was dispensed.
(c) (i) An individual who has made a request under Subsection (5)(a) may direct that
the division discontinue providing information to the third party.
(ii) The division shall:
(A) notify the third party that the individual has directed the division to no longer
provide information to the third party; and
(B) discontinue providing information to the third party.
(6) (a) An individual who is granted access to the database based on the fact that the
individual is a licensed practitioner or a mental health therapist shall be denied access to the
database when the individual is no longer licensed.
(b) An individual who is granted access to the database based on the fact that the
individual is a designated employee of a licensed practitioner shall be denied access to the
database when the practitioner is no longer licensed.
(7) A probation or parole officer is not required to obtain a search warrant to access the
database in accordance with Subsection (2)[
(n)
]
(m)
.
(8) The division shall review and adjust the database programming which
automatically logs off an individual who is granted access to the database under Subsections
(2)(h), (2)(i), (2)(j), and (4)(c) to maximize the following objectives:
(a) to protect patient privacy;
(b) to reduce inappropriate access; and
(c) to make the database more useful and helpful to a person accessing the database
under Subsections (2)(h), (2)(i), (2)(j), and (4)(c), especially in high usage locations such as an
emergency department.
Section 3. Section 
58-37f-303
 is amended 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) a pharmacy intern;
(D) a pharmacy technician; or
[
(C)
] 
(E)
 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)
.
(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, pharmacy intern, or pharmacy technician working under the general
supervision of a licensed
 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.
Section 4. Section 
58-37f-304
 is amended to read:
58-37f-304.
Database utilization.
(1) As used in this section:
(a) "Dispenser" means a licensed pharmacist, as described in Section 
58-17b-303
, [
or
]
the pharmacist's licensed intern, as described in Section 58-17b-304, 
or licensed pharmacy
technician, as described in Section 58-17b-305, working under the supervision of a licensed
pharmacist
 who is also licensed to dispense a controlled substance under Title 58, Chapter 37,
Utah Controlled Substances Act.
(b) "Outpatient" means a setting in which an individual visits a licensed healthcare
facility or a healthcare provider's office for a diagnosis or treatment but is not admitted to a
licensed healthcare facility for an overnight stay.
(c) "Prescriber" means an individual authorized to prescribe a controlled substance
under Title 58, Chapter 37, Utah Controlled Substances Act.
(d) "Schedule II opioid" means those substances listed in Subsection 
58-37-4
(2)(b)(i)
or (2)(b)(ii).
(e) "Schedule III opioid" means those substances listed in Subsection 
58-37-4
(2)(c)
that are opioids.
(2) (a) A prescriber shall check the database for information about a patient before the
first time the prescriber gives a prescription to a patient for a Schedule II opioid or a Schedule
III opioid.
(b) If a prescriber is repeatedly prescribing a Schedule II opioid or Schedule III opioid
to a patient, the prescriber shall periodically review information about the patient in:
(i) the database; or
(ii) other similar records of controlled substances the patient has filled.
(c) A prescriber may assign the access and review required under Subsection (2)(a) to
one or more employees in accordance with Subsections 
58-37f-301
(2)(i) and (j).
(d) (i) A prescriber may comply with the requirements in Subsections (2)(a) and (b) by
checking an electronic health record system if the electronic health record system:
(A) is connected to the database through a connection that has been approved by the
division; and
(B) displays the information from the database in a prominent manner for the
prescriber.
(ii) The division may not approve a connection to the database if the connection does
not satisfy the requirements established by the division under Section 
58-37f-301
.
(e) A prescriber is not in violation of the requirements of Subsection (2)(a) or (b) if the
failure to comply with Subsection (2)(a) or (b):
(i) is necessary due to an emergency situation;
(ii) is caused by a suspension or disruption in the operation of the database; or
(iii) is caused by a failure in the operation or availability of the Internet.
(f) The division may not take action against the license of a prescriber for failure to
comply with this Subsection (2) unless the failure occurs after the earlier of:
(i) December 31, 2018; or
(ii) the date that the division has the capability to establish a connection that meets the
requirements established by the division under Section 
58-37f-301
 between the database and an
electronic health record system.
(3) The division shall, in collaboration with the licensing boards for prescribers and
dispensers:
(a) develop a system that gathers and reports to prescribers and dispensers the progress
and results of the prescriber's and dispenser's individual access and review of the database, as
provided in this section; and
(b) reduce or waive the division's continuing education requirements regarding opioid
prescriptions, described in Section 
58-37-6.5
, including the online tutorial and test relating to
the database, for prescribers and dispensers whose individual utilization of the database, as
determined by the division, demonstrates substantial compliance with this section.
(4) If the dispenser's access and review of the database suggest that the individual
seeking an opioid may be obtaining opioids in quantities or frequencies inconsistent with
generally recognized standards as provided in this section and Section 
58-37f-201
, the
dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's informed,
current, and professional decision regarding whether the prescribed opioid is medically
justified, notwithstanding the results of the database search.
(5) (a) The division shall review the database to identify any prescriber who has a
pattern of prescribing opioids not in accordance with the recommendations of:
(i) the CDC Guideline for Prescribing Opioids for Chronic Pain, published by the
Centers for Disease Control and Prevention;
(ii) the Utah Clinical Guidelines on Prescribing Opioids for Treatment of Pain,
published by the Department of Health; or
(iii) other publications describing best practices related to prescribing opioids as
identified by division rule in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, and in consultation with the Physicians Licensing Board.
(b) The division shall offer education to a prescriber identified under this Subsection
(5) regarding best practices in the prescribing of opioids.
(c) A decision by a prescriber to accept or not accept the education offered by the
division under this Subsection (5) is voluntary.
(d) The division may not use an identification the division has made under this
Subsection (5) or the decision by a prescriber to accept or not accept education offered by the
division under this Subsection (5) in a licensing investigation or action by the division.
(e) Any record created by the division as a result of this Subsection (5) is a protected
record under Section 
63G-2-305
.
(6) The division may consult with a prescriber or health care system to assist the
prescriber or health care system in following evidence-based guidelines regarding the
prescribing of controlled substances, including the recommendations listed in Subsection
(5)(a).