DAR File No. 39020

Commerce, Occupational and Professional Licensing

Section R156-37f-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 39020
Filed: 12/22/2014 01:32:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Board of Pharmacy and Division of Occupational and Professional determined a proposed rule amendment needed to be filed to clarify the term "positive identification".

Summary of the rule or change:

This proposed rule fling establishes a definition of a term used in Subsection 58-37f-203(2)(e). The Utah Board of Pharmacy requested that "positive identification" be defined because it is not clear how a pharmacist should positively identify a customer before releasing a controlled substance.

State statutory or constitutional authorization for this rule:

• Subsection 58-37f-301(1)
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 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 apply only to pharmacies. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply only to pharmacies, which many qualify as a small business. Pharmacies will need to train their employees on how to positively identify a customer before releasing a controlled substance. This training may have cost impact on a pharmacy; however, the Division is unable to estimate the extent of the impact due to a wide range of circumstances for each pharmacy.

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

The proposed amendments apply only to pharmacies. As a result, the proposed amendments do not apply to other persons.

Compliance costs for affected persons:

The proposed amendments apply only to pharmacies. As a result, the proposed amendments do not apply to affected persons.

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

This filing defines the term "positive identification" as a guide for pharmacists, who are required to verify a customer's identity before dispensing a controlled substance. The definition is not anticipated to have a fiscal impact on businesses.

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:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@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:

02/17/2015

Interested persons may attend a public hearing regarding this rule:

• 01/20/2015 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor), Salt Lake City, UT

This rule may become effective on:

02/24/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-37f. Controlled Substance Database Act Rule.

R156-37f-102. Definitions.

In addition to the definitions in Sections 58-17b-102, 58-37-2 and 58-37f-102, as used in this chapter:

(1) "ASAP" means the American Society for Automation in Pharmacy system.

(2) "DEA" means Drug Enforcement Administration.

(3) "NABP" means the National Association of Boards of Pharmacy.

(4) "NCPDP" means National Council for Prescription Drug Programs.

(5) "NDC" means National Drug Code.

(6) "Positive identification" means:

(a) one of the following photo identifications issued by a foreign or domestic government:

(i) driver's license;

(ii) non-driver identification card;

(iii) passport;

(iv) military identification; or

(v) concealed weapons permit; or

(b) if the individual does not have government-issued identification, alternative evidence of the individual's identity as deemed appropriate by the pharmacist, as long as the pharmacist documents in a prescription record a description of how the individual was positively identified.

([6]7) "Research facility" means a facility in which research takes place that has policies and procedures describing such research.

([7]8) "Rx" means a prescription.

 

KEY: controlled substance database, licensing

Date of Enactment or Last Substantive Amendment: [November 21, 2013]2015

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)