Commerce, Occupational and Professional Licensing

Rule R156-17b

Pharmacy Practice Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33402
Filed: 02/23/2010 12:02:12 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 17b, provides for the licensure of pharmacists, pharmacy interns, pharmacy technicians, and various classifications of pharmacies. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-17b-201(3) provides that the Utah State Board of Pharmacy duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 17b, with respect to pharmacists, pharmacy interns, pharmacy technicians, and various classifications of pharmacies.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was originally enacted in May 2005, it has been amended several times. The Division received two written comments, a 03/24/2006 letter from the National Association of Chain Drug Stores and a 03/28/2006 letter from the Utah Food Industry Association, both addressing proposed amendments to Section R156-17b-304 concerning pharmacy technician training. The written comments were reviewed by the Division and Utah State Board of Pharmacy and the recommended changes submitted in both March 2006 letters were not implemented as the Division and Board determined that the current proposed wording was adequate. The Division received the following written comments: 06/10/2008 email from Thomas Holt/Schering-Plough; 06/21/2008 email from Martha Russell/Cardinal Health; 06/26/2008 email from Ellie Joseph; 06/30/2008 email from Steve Hansen/Genentech; and 06/30/2008 letter from National Association of Chain Drug Stores from various interested parties addressing the proposed amendment rule filing. As a result of the written comments and further review by the Division and Utah State Board of Pharmacy, additional proposed amendments were filed in a September 2008 change in a proposed rule filing.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 17b, with respect to pharmacies, pharmacy interns, pharmacy technicians, and various classifications of pharmacies. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov

Effective:

02/23/2010

Authorized by:

Mark Steinagel, Director