DAR File No. 39020
This rule was published in the January 15, 2015, issue (Vol. 2015, No. 2) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Notice of Proposed Rule
DAR File No.: 39020
Filed: 12/22/2014 01:32:34 PM
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.
The proposed amendments apply only to pharmacies. As a result, the proposed amendments do not apply to local governments.
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 email@example.com
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:
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:
Mark Steinagel, Director
R156. Commerce, Occupational and Professional Licensing.
R156-37f. Controlled Substance Database Act Rule.
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]) "Research facility" means a facility in which
research takes place that has policies and procedures describing
7]) "Rx" means a prescription.
KEY: controlled substance database, licensing
Date of Enactment or Last Substantive Amendment: [
November 21, 2013]
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)
More information about a Notice of Proposed Rule is available online.
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/2015/b20150115.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 ([
example]). Text to be added is underlined (). 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 Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.