DAR File No. 42341

This notice was published in the December 15, 2017, issue (Vol. 2017, No. 24) of the Utah State Bulletin.

Commerce, Occupational and Professional Licensing

Rule R156-82

Electronic Prescribing Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42341
Filed: 11/27/2017 01:44:21 PM


Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 82, provides for the electronic generation and transmission of a prescription between a practitioner and a pharmacy. Subsection 58-1-106(1)(a) provides that the Division of Occupational and Professional Licensing (Division) may adopt and enforce rules to administer Title 58. Section 58-82-201 provides that the Division may make rules relating to this chapter. This rule was enacted to clarify the provisions of Title 58, Chapter 82, with respect to electronic prescribing.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since the rule was originally enacted in March 2013, the Division has received one written commen, an email on 11/10/2015 from Arthur Hunsaker, Office of Legislative Research and General Counsel, in which he notified the Division of a Code of Federal Regulation (CFR) incorporation by reference that needed to be updated. As a result of Mr. Hunsaker's email, the Division filed a proposed rule filing in which the CFR reference was updated in DAR No. 39980; that rule filing was made effective by the Division on 02/08/2016.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides information and clarification of the electronic prescribing requirements contained in Title 58, Chapter 82.

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

Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

  • Mark Steinagel at the above address, by phone at 801-530-6292, by FAX at 801-530-6511, or by Internet E-mail at [email protected]



Authorized by:

Mark Steinagel, Director

Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation 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/2017/b20171215.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.

For questions regarding the content or application of this rule, please contact Mark Steinagel at the above address, by phone at 801-530-6292, by FAX at 801-530-6511, or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Office of Administrative Rules.