Commerce, Occupational and Professional Licensing

Section R156-83-502

Unprofessional Conduct

Notice of Proposed Rule

(Amendment)

DAR File No.: 35585
Filed: 12/29/2011 08:54:23 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Online Prescribing, Dispensing and Facilitation Licensing Board reviewed the rule and are now recommending these proposed amendments to further clarify and add five additional unprofessional conduct violations.

Summary of the rule or change:

In Section R156-83-502, five additional unprofessional conduct violations applicable to licensees under Title 58, Chapter 83, are being added.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-83-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed online prescribers, online contract pharmacies and Internet facilitators, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed online prescribers, online contract pharmacies and Internet facilitators, and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed online prescribers, online contract pharmacies and Internet facilitators, and applicants for licensure in those classifications. The proposed amendments will not result in any direct, measurable costs and/or benefits for affected persons but may require licensees to be more aware of the licensing law and rules so as not to violate them and potentially be subject to disciplinary action against a license.

Compliance costs for affected persons:

The proposed amendments only apply to licensed online prescribers, online contract pharmacies and Internet facilitators, and applicants for licensure in those classifications. The proposed amendments will not result in any direct, measurable costs and/or benefits for affected persons but may require licensees to be more aware of the licensing law and rules so as not to violate them and potentially be subject to disciplinary action against a licensee.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing establishes standards for the practice of online prescribing and defines conduct that constitutes unprofessional conduct. It requires licensees to meet certain reporting and monitoring requirements, but no fiscal impact to businesses is anticipated from the amendments.

Francine A. Giani, Executive Director

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2012

Interested persons may attend a public hearing regarding this rule:

• 02/14/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

02/21/2012

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-83. Online Prescribing, Dispensing, and Facilitation Licensing Act Rule.

R156-83-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing as an online facilitator to timely submit quarterly reports to the Division as established in Section R156-83-308;

(2) prescribing any medication to a patient while engaged in practice as an online prescriber without first reviewing a comprehensive health history, making an assessment, or establishing a diagnosis;[ and]

(3) prescribing a drug listed in Section R156-83-306 for diagnosis that is not recognized by the Federal Food and Drug Administration to be treated by that prescribed drug ;

(4) failing as a licensee to monitor, audit, control or report to the Division any website:

(a) promoting availability of online prescribing and dispensing of any prescriptions; and

(b) marketed in a format suggesting use of the Utah license as a means to induce consumer confidence of a Division approved website;

(5) failing to provide to the Division all website and URL information when conducting business as an online prescriber, pharmacy and internet facilitator;

(6) failing to inform the Division of the name of all physicians writing prescriptions to be filled by the online contract pharmacy;

(7) failing to report to the Division all transactions of prescriptions filled by the online contract pharmacy; and

(8) failing to comply with all audit requirements.

 

KEY: licensing, online prescribing, internet facilitators

Date of Enactment or Last Substantive Amendment: [May 26, 2011]2012

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a), 58-83-101