File No. 37040
This rule was published in the December 1, 2012, issue (Vol. 2012, No. 23) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Rule R156-37
Utah Controlled Substances Act Rule
Notice of Proposed Rule
(Amendment)
DAR File No.: 37040
Filed: 11/13/2012 12:30:29 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this filing is to remove Sections R156-37-609, R156-37-609a, R156-37-609b, and R156-37-610 from this rule so that in a companion filing these sections can be recodified with additional provisions into a new rule, Rule R156-37f, Controlled Substance Database Act Rule. This is to be consistent with the relocation of the Controlled Substance Database provisions from the Controlled Substances Act in Title 58, Chapter 37, to the Controlled Substance Database Act in Title 58, Chapter 37f, by the Legislature in H.B. 28, 2010 General Session. (DAR NOTE: The proposed new Rule R156-37f is under DAR No. 37039 in this issue, December 1, 2012, of the Bulletin.)
Summary of the rule or change:
Sections R156-37-609, R156-37-609a, R156-37-609b, and R156-37-610 are deleted in their entirety.
State statutory or constitutional authorization for this rule:
- Subsection 58-37-6(1)(a)
- Subsection 58-1-106(1)(a)
Anticipated cost or savings to:
the state budget:
The Division will incur minimal costs of approximately $80 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 impact of the recodification of the sections being deleted in this rule is detailed in a companion rule filing which creates a new rule, Rule R156-37f.
small businesses:
The impact of the recodification of the sections being deleted in this rule is detailed in a companion rule filing which creates a new rule, Rule R156-37f.
persons other than small businesses, businesses, or local governmental entities:
The impact of the recodification of the sections being deleted in this rule is detailed in a companion rule filing which creates a new rule, Rule R156-37f.
Compliance costs for affected persons:
The impact of the recodification of the sections being deleted in this rule is detailed in a companion rule filing which creates a new rule, Rule R156-37f.
Comments by the department head on the fiscal impact the rule may have on businesses:
As stated in the rule analysis, the amendment of this rule is proposed so as to allow the substantive provisions to be recodified into a new rule, Rule R156-37f. These provisions are currently in effect; no fiscal impact to businesses will result from the recodification.
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:
CommerceOccupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Debra Hobbins at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [email protected]
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:
12/31/2012
Interested persons may attend a public hearing regarding this rule:
- 12/17/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475, Salt Lake City, UT
This rule may become effective on:
01/07/2013
Authorized by:
Mark Steinagel, Director
RULE TEXT
R156. Commerce, Occupational and Professional Licensing.
R156-37. Utah Controlled Substances Act Rule.
[R156-37-609. Controlled Substance Database - Procedure and
Format for Submission to the Database.
(1) In accordance with Subsection 58-37f-203(1)(c), the
format in which the information required under Section 58-37f-203
shall be submitted to the administrator of the database
is:
(a) electronic data via telephone modem;
(b) electronic data stored on floppy disk or compact disc
(CD);
(c) electronic data sent via electronic mail (e-mail) if
encrypted and approved by the database manager;
(d) electronic data sent via a secured internet transfer
method, including but not limited to, FTP site transfer and
HyperSend; or
(e) any other electronic method preapproved by the
database manager.
(2) The required information may be submitted on paper,
if the pharmacy or pharmacy group submits a written request to
the Division and receives prior approval.
(3) The Division will consider the following in granting
the request:
(a) the pharmacy or pharmacy group has no computerized
record keeping system upon which the data can be electronically
recorded; or
(b) the pharmacy or pharmacy group is unable to conform
its submissions to the format required by the database
administrator without incurring undue financial
hardship.
(4) As of October 1, 2008, each pharmacy or pharmacy
group shall submit all data collected during the preceding seven
days at least once per week. If the data is submitted by a single
pharmacy entity, the data shall be submitted in chronological
order according to the date each prescription was filled. If the
data is submitted by a pharmacy group, the data is required to be
sorted by individual pharmacy within the group, and the data of
each individual pharmacy within the group is required to be
submitted in chronological order according to the date each
prescription was filled.
(5) The format for submission to the database shall be in
accordance with uniform formatting developed by the American
Society for Automation in Pharmacy system (ASAP). The Division
may approve alternative formats or adjustments to be consistent
with database collection instruments and contain all necessary
data elements.
(6) The pharmacist-in-charge of each reporting pharmacy
shall submit a report on a form approved by the Division
including:
(a) the pharmacy name;
(b) NABP number;
(c) the period of time covered by each submission of
data;
(d) the number of prescriptions in the
submission;
(e) the submitting pharmacist's signature attesting
to the accuracy of the report; and
(f) the date the submission was prepared.
R156-37-609a. Controlled Substance Database - Reporting
Procedure and Format for Submission to the Database for
Pharmacies and Pharmacy Groups Selected by the Division for the
Real Time Pilot Program.
(1) In accordance with Subsection 58-37f-801(8), the
information required under Section 58-37f-203 shall be submitted
to the Division's database manager by licensees designated by
the Division to participate in the real time reporting pilot
program in the following formats:
(a) electronic data via telephone modem;
(b) electronic data stored on floppy disk or compact
discs (CD);
(c) electronic data sent via electronic mail (e-mail) if
encrypted and approved by the database manager;
(d) electronic data sent via a secured internet transfer
methods, including, but not limited to, FTP site transfer and
HyperSend; or
(e) any other electronic method preapproved by the
database manager.
(2) Each pharmacy or pharmacy group shall enter and
submit data required under Section 58-37f-203 on a daily basis
each day that the pharmacy or pharmacy group is open for business
or the data reporting entity of the pharmacy or pharmacy group is
open for business.
(3) The format for submission to the database shall be in
accordance with the uniform formatting developed by the American
Society for Automation in Pharmacy System (ASAP). The Division
may approve alternative formats.
(4) The pharmacist-in-charge of each reporting pharmacy
or pharmacy group shall be responsible for compliance with this
rule.
(5) In accordance with Subsection 58-37f-801(1)(a), the
pilot area is designated as the entire state of Utah. Any
pharmacy or pharmacy group that submits information to the
database based upon information available at the time of
dispensing to the ultimate user is eligible and may participate
in the Real Time Pilot Program.
R156-37-609b. Controlled Substance Database - Limitations on
Access to Real Time Database Information - Individuals Allowed
to Access - Standards and Procedures for Access to Real Time
Pilot Program.
(1) In accordance with Subsection 58-37f-801(8), access
to information contained in the controlled substance database is
limited to individuals who are designated by the Division to
participate in the real time pilot program, as follows:
(a) personnel employed by federal, state and local law
enforcement agencies;
(b) pharmacists licensed to dispense controlled
substances in Utah;
(c) practitioners licensed to prescribe controlled
substances in Utah; and
(d) employees of the Department of Health who have
previously been approved by the Division to access controlled
substance database information in furtherance of the Pain
Medication Management and Education Program.
(2) All individuals who are granted access to information
in the controlled substance database via the real time pilot
program shall provide any documentation requested by the
Division's database manager to confirm the individual's
identity. The individual will then be provided a username,
password, and PIN number by which the individual will access the
information contained in the database. Pursuant to Subsections
58-37f-601(1), (2) and (3), it is unlawful for an authorized user
to allow another individual to use the authorized user's
assigned username, password and PIN number.
(3) Personnel employed by federal, state, and local law
enforcement agencies may access only information related to a
current investigation involving controlled substances being
conducted by that agency.
(4) Pharmacists licensed to dispense controlled
substances in Utah may access only information related
specifically to a current patient to whom that pharmacist is
dispensing or is considering dispensing any controlled
substance.
(5) Practitioners licensed to prescribe controlled
substances in Utah may access only information related
specifically to a current patient of the practitioner, to whom
the practitioner is prescribing or is considering prescribing any
controlled substance.
(6) Employees of the Department of Health who have been
previously approved by the Division to access controlled
substance database information in furtherance of the Pain
Medication Management and Education Program may access only
information in order to conduct scientific studies to evaluate
opioid use and opioid-related morbidity and ways to reduce deaths
and other harm from improper or risky prescribing and dispensing
practices as codified in Section 26-1-36.
R156-37-610. Controlled Substance Database - Limitations on
Access to Database Information - Standards and Procedures for
Identifying Individuals Requesting Information.
(1) In accordance with Subsections 58-37f-301(1)(a) and
(b), the Division director shall designate in writing those
individuals within the Division who shall have access to the
information in the database.
(2) Personnel from federal, state or local law
enforcement agencies may obtain information from the database if
the information relates to a current investigation being
conducted by such agency. The manager of the database may also
provide information from the database to such agencies on his own
volition when the information may reasonably constitute a basis
for investigation relative to violation of state or federal
law.
(3) In accordance with Subsections 58-37f-201(6)(c),
58-37f-203(3)(b), 58-37f-301(1)(b), and 58-37f-301(2)(d) and (e),
the database manager may provide information from the database to
licensed practitioners having authority to prescribe controlled
substances and to licensed pharmacists having authority to
dispense controlled substances. The database manager may provide
the information on his own volition to accomplish the stated
purposes set forth in Subsection 58-37f-201(6).
(4) Any individual may request information in the
database relating to that individual's controlled substances
receipt history. An individuals may not request or receive an
accounting of persons or entities that have requested or received
information about the individual. Upon request for database
information on an individual who is the recipient of a controlled
substance prescription entered in the database, the manager of
the database shall make available database information
exclusively relating to that particular individual's
controlled substance receipt history under the following
limitations and conditions:
(a) The requestor seeking database information personally
appears before the manager of the database, or a designee, with
picture identification confirming his identity as the same person
on whom database information is sought.
(b) The requestor seeking database information submits a
signed and notarized request executed under the penalty of
perjury verifying his identity as the same person on whom
database information is sought, and providing their full name,
home and business address, date of birth, and social security
number.
(c) The requestor seeking database information presents a
power of attorney over the person on whom database information is
sought and further complies with the following:
(i) submits a signed and notarized request executed by
the requestor under the penalty of perjury verifying that the
grantor of the power of attorney is the same person on whom
database information is sought, including the grantor's full
name, address, date of birth, and social security number;
and
(ii) personally appears before the manager of the
database with picture identification to verify personal identity,
or otherwise submits a signed and notarized statement executed by
the requestor under the penalty of perjury verifying his identity
as that of the person holding the power of attorney.
(d) The requestor seeking database information presents
verification that he is the legal guardian of an incapacitated
person on whom database information is sought and further
complies with the following:
(i) submits a signed and notarized request executed by
the requestor under the penalty of perjury verifying that the
incapacitated ward of the guardian is the same person on whom
database information is sought, including the ward's full
name, address, date of birth, and social security number;
and
(ii) personally appears before the manager of the
database with picture identification to verify personal identity,
or otherwise submits a signed and notarized statement executed by
the requestor under the penalty of perjury verifying his identity
as that of the legal guardian of the incapacitated
person.
(e) The requestor seeking database information shall
present a release-of-records statement from the person on whom
database information is sought and further complies with the
following:
(i) submits a verification from the person on whom
database information is sought consistent with the requirements
set forth in paragraph (4)(b);
(ii) submits a signed and notarized release of records
statement executed by the person on whom database information is
sought authorizing the manager of the database to release the
relevant database information to the requestor; and
(iii) personally appears before the manager of the
database with picture identification to verify personal identity,
or otherwise submits a signed and notarized statement executed by
the requestor under the penalty of perjury verifying his identity
as that of the requestor identified in the release of
records;
(5) Before data is released upon oral request, a written
request may be required and received.
(6) Database information may be disseminated either
orally, by facsimile or by U.S. mail.
(7) The Utah Department of Health may access Database
information for purposes of scientific study regarding public
health. To access information, the scientific investigator
must:
(a) show the research is an approved project of the Utah
Department of Health;
(b) provide a description of the research to be conducted
including a research protocol for the project and a description
of the data needed from the Database to conduct that
research;
(c) provide assurances and a plan that demonstrates all
Database information will be maintained securely, with access
only permitted by the scientific investigator;
(d) provide for electronic data to be stored on a secure
database computer system with access only allowed by the
scientific investigator; and
(e) pay all relevant expenses for data transfer and
manipulation.]
KEY: controlled substances, licensing[, controlled substance database]
Date of Enactment or Last Substantive Amendment: [February 8, 2010]2013
Notice of Continuation: February 21, 2012
Authorizing, and Implemented or Interpreted Law:
58-1-106(1)(a); 58-37-6(1)(a)[; 58-37f-301(1)]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20121201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Debra Hobbins at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [email protected].