DAR File No. 39980

This rule was published in the January 1, 2016, issue (Vol. 2016, No. 1) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Section R156-82-201

Security

Notice of Proposed Rule

(Amendment)

DAR File No.: 39980
Filed: 12/07/2015 01:35:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Arthur Hunsaker from the office of Legislative Research and General Council, in a 11/10/2015 email to the Division, notified the Division that an incorporation by reference in this rule may need to be adjusted. The purpose of this filing is to correct an awkward and unnecessary Code of Federal Regulation (CFR) incorporation by reference in this rule.

Summary of the rule or change:

The awkward incorporation by reference of 21 CFR 1311, dated 04/01/2012 is removed in favor of a clarified citation to the CFR as amended 03/31/2010, and subsequently amended.

State statutory or constitutional authorization for this rule:

  • Section 58-82-101
  • Subsection 58-1-106(1)(a)

This rule or change incorporates by reference the following material:

  • Removes 21 CFR 1311, published by Government Printing Office, 04/01/2012

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $25 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 to licensed practitioners and pharmacies who transmit and receive controlled substances prescriptions. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply to licensed practitioners and pharmacies who transmit and receive controlled substance prescriptions. The proposed amendments are a technical clarification and will not have any cost or savings impact on small business.

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

The proposed amendments apply to licensed practitioners and pharmacies who transmit and receive controlled substance prescriptions. The proposed amendments are a technical clarification and will not have any cost or savings impact on other persons.

Compliance costs for affected persons:

The proposed amendments apply to licensed practitioners and pharmacies who transmit and receive controlled substance prescriptions. The proposed amendments are a technical clarification and will not have any cost or savings impact on affected persons.

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

This filing is a technical clarification, which rewords a reference to the Code of Federal Regulations, and will not impact businesses. No fiscal impact to businesses is anticipated.

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:

  • W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@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:

02/01/2016

This rule may become effective on:

02/08/2016

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-82. Electronic Prescribing Act Rule.

R156-82-201. Security.

(1) Practitioners and pharmacies who transmit and receive controlled substance prescriptions shall comply with 21 CFR 1311, [dated April 1, 2012, which is adopted and incorporated by reference]as amended March 31, 2010, and subsequently amended.

(2) Electronic prescribing for non-controlled substances shall be conducted in a secure manner, consistent with industry standards.

 

KEY: licensing, electronic prescribing

Date of Enactment or Last Substantive Amendment: [March 11, 2013]2016

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-82-101

 


Additional Information

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/2016/b20160101.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 (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 W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.