Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 97 First Substitute (2021GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/22/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows an individual to transfer prescription drugs to an eligible pharmacy or an eligible physician's office;
• removes the requirement that only state residents receive donated drugs; and
• requires that a medically indigent individual be located in the state when the drug is dispensed.

Every vote on this bill

Bill text

CHARITABLE PRESCRIPTION DRUG RECYCLING
PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Merrill F. Nelson
LONG TITLE
General Description:
This bill modifies the Charitable Prescription Drug Recycling Act.
Highlighted Provisions:
This bill:
▸ allows an individual to transfer prescription drugs to an eligible pharmacy or an
eligible physician's office;
▸ removes the requirement that only state residents receive donated drugs; and
▸ requires that a medically indigent individual be located in the state when the drug is
dispensed. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-17b-902
, as last amended by Laws of Utah 2020, Chapter 384
58-17b-903
, as last amended by Laws of Utah 2020, Chapter 384
58-17b-905
, as enacted by Laws of Utah 2016, Chapter 405
58-17b-907
, as last amended by Laws of Utah 2020, Chapter 384
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-17b-902
 is amended to read:
58-17b-902.
Definitions.
As used in this part:
(1) "Assisted living facility" means the same as that term is defined in Section 
26-21-2
.
(2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a
drug used in chemotherapy to destroy cancer cells.
(3) "Charitable clinic" means a charitable nonprofit corporation that:
(a) holds a valid exemption from federal income taxation issued under Section 501(a),
Internal Revenue Code;
(b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
Code;
(c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to
an individual not residing or confined at a facility owned or operated by the charitable
nonprofit corporation:
(i) advice;
(ii) counseling;
(iii) diagnosis;
(iv) treatment;
(v) surgery; or
(vi) care or services relating to the preservation or maintenance of health; and
(d) has a licensed outpatient pharmacy.
(4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable
clinic.
(5) "County health department" means the same as that term is defined in Section
26A-1-102
.
(6) "Donated prescription drug" means a prescription drug that an eligible donor 
or
individual
 donates to an eligible pharmacy under the program.
(7) "Eligible donor" means a donor that donates a prescription drug from within the
state and is:
(a) a nursing care facility;
(b) an assisted living facility;
(c) a licensed intermediate care facility for people with an intellectual disability;
(d) a manufacturer;
(e) a pharmaceutical wholesale distributor;
(f) an eligible pharmacy; or
(g) a physician's office.
(8) "Eligible pharmacy" means a pharmacy that:
(a) is registered by the division as eligible to participate in the program; and
(b) (i) is licensed in the state as a Class A retail pharmacy; or
(ii) is operated by:
(A) a county;
(B) a county health department;
(C) a pharmacy under contract with a county health department;
(D) the Department of Health, created in Section 
26-1-4
;
(E) the Division of Substance Abuse and Mental Health, created in Section
62A-15-103
; or
(F) a charitable clinic.
(9) "Eligible prescription drug" means a prescription drug, described in Section
58-17b-904
, that is not:
(a) a controlled substance; or
(b) a drug that can only be dispensed to a patient registered with the drug's
manufacturer in accordance with federal Food and Drug Administration requirements.
(10) "Licensed intermediate care facility for people with an intellectual disability"
means the same as that term is defined in Section 
58-17b-503
.
(11) "Medically indigent individual" means an individual who:
(a) (i) does not have health insurance; and
(ii) lacks reasonable means to purchase prescribed medications; or
(b) (i) has health insurance; and
(ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed
medications. 
(12) "Nursing care facility" means the same as that term is defined in Section
26-18-501
.
(13) "Physician's office" means a fixed medical facility that:
(a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
nurse, licensed under Title 58, Occupations and Professions; and
(b) treats an individual who presents at, or is transported to, the facility.
(14) "Program" means the Charitable Prescription Drug Recycling Program created in
Section 
58-17b-903
.
(15) "Unit pack" means the same as that term is defined in Section 
58-17b-503
.
(16) "Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-17b-501
.
(17) "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-17b-502
.
Section 2. Section 
58-17b-903
 is amended to read:
58-17b-903.
Charitable Prescription Drug Recycling Program -- Creation --
Requirements.
(1) There is created the Charitable Prescription Drug Recycling Program.
(2) The division, in consultation with the board, shall:
(a) implement the program, on a statewide basis, to permit:
(i) an 
individual or an
 eligible donor to transfer an eligible prescription drug to an
eligible pharmacy for dispensing to a medically indigent individual; and
(ii) an individual to transfer an eligible prescription drug to a physician's office:
(A) that is an eligible donor; and
(B) for transfer to an eligible pharmacy for dispensing to a medically indigent
individual;
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules necessary to implement the program; and
(c) provide technical assistance to entities that desire to participate in the program.
Section 3. Section 
58-17b-905
 is amended to read:
58-17b-905.
Participation in program -- Requirements -- Fees.
(1) An eligible donor
, an individual,
 or an eligible pharmacy may participate in the
program.
(2) An eligible pharmacy:
(a) shall comply with all applicable federal and state laws related to the storage and
distribution of a prescription drug;
(b) shall comply with all applicable federal and state laws related to the acceptance and
transfer of a prescription drug, including 21 U.S.C. Chapter 9, Subchapter V, Part H,
Pharmaceutical Distribution Supply Chain;
(c) shall, before accepting or dispensing a prescription drug under the program, inspect
each prescription drug to determine whether the prescription drug is an eligible prescription
drug;
(d) may dispense an eligible prescription drug to a medically indigent individual who:
(i) [
is a resident of the state
] 
is located in the state when the drug is dispensed
; and
(ii) has a prescription issued by a practitioner;
(e) may charge a handling fee, adopted by the division under Section 
63J-1-504
; and
(f) may not accept, transfer, or dispense a prescription drug in violation of the federal
Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
Section 4. Section 
58-17b-907
 is amended to read:
58-17b-907.
Rules made by the division.
The rules made by the division under Subsection 
58-17b-903
(2)(b) shall include:
(1) registration requirements to establish the eligibility of a pharmacy to participate in
the program;
(2) a formulary that includes all eligible prescription drugs approved by the federal
Food and Drug Administration;
(3) standards and procedures for:
(a) verifying whether a pharmacy or pharmacist participating in the program is licensed
and in good standing with the board;
(b) handling of an eligible prescription drug transferred in accordance with Subsection
58-17b-903
(2) to an eligible pharmacy or a physician's office, including:
(i) acceptance;
(ii) identification, including redundant criteria for verification;
(iii) documentation, under 21 U.S.C. Sec. 360eee-1, of transaction information, history,
and statements;
(iv) safe storage;
(v) security;
(vi) inspection;
(vii) transfer; and
(viii) dispensing;
(c) a pharmacist
, pharmacy intern,
 or licensed pharmacy technician
:
(i)
 working in or consulting with a participating eligible donor; 
or
(ii) assisting an individual donating the eligible prescription drug;
(d) disposition of a donated prescription drug that is a controlled substance;
(e) record keeping regarding:
[
(i) the eligible donor that donated each prescription drug;
]
[
(ii) an individual who transferred an eligible prescription drug to a physician's office
under Subsection 
58-17b-903
(2)(a)(ii);
]
(i) the individual or eligible donor that transferred an eligible prescription drug under
Subsection 
58-17b-903
(2)(a);
[
(iii)
] 
(ii)
 the identification and evaluation of a donated prescription drug by a
pharmacist or licensed pharmacy technician; and
[
(iv)
] 
(iii)
 the dispensing or disposition of a prescription drug;
(f) determining the status of a medically indigent individual;
(g) labeling requirements to:
(i) ensure compliance with patient privacy laws relating to:
(A) an individual who receives an eligible prescription drug; and
(B) patient information that may appear on a donated prescription drug;
(ii) clearly identify an eligible prescription drug dispensed under the program; and
(iii) communicate necessary information regarding the manufacturer's recommended
expiration date or the beyond use date; and
(h) ensuring compliance with the requirements of this part;
(4) a process for seeking input from:
(a) the Department of Health, created in Section 
26-1-4
, to establish program standards
and procedures for assisted living facilities and nursing care facilities; and
(b) the Division of Substance Abuse and Mental Health, created in Section
62A-15-103
, to establish program standards and procedures for mental health and substance
abuse clients; and
(5) the creation of a special training program that a pharmacist and a licensed pharmacy
technician at an eligible pharmacy must complete before participating in the program.