DAR File No. 44045

Commerce, Occupational and Professional Licensing

Rule R156-17b

Pharmacy Practice Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 44045
Filed: 09/05/2019 12:23:54 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

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 17b, provides for the licensure and regulation of various license classifications relating to pharmacy practice (see Sections 58-17b-301 and 58-17b-302). 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. Subsection 58-17b-201(3) provides that the Utah State Board of Pharmacy's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 17b, with respect to various license classifications relating to pharmacy practice.

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 this rule was last reviewed in January 2015, it has been amended several times. The Division has received the following written comments relating to this rule. The Division received a November 26, 2018, email and letter from Thomas Clark with Board of Pharmacy Specialties regarding proposed amendments in Section R156-17b-309 relating to continuing education for pharmacists. The Utah State Board of Pharmacy (Board) reviewed Mr. Clark's letter and suggestions at its November 27, 2018, Board meeting and no further changes were proposed based on the written comments/suggestions. A December 8, 2016, written comment/letter was received from Lauren Berton/CVS Health regarding proposed rule amendments in DAR File No. 40899 and providing some suggested changes. The Utah State Board of Pharmacy reviewed the written comment from CVS Health at its December 2016 board meeting and the proposed rule amendments were made effective on December 22, 2016, with no further amendments. An unknown exact date, but 2016, email had been received by Division Bureau Manager Dane Ishihara from Blue Cross Blue Shield in which they inquired about the format of the written report required as a result of the proposed amendments filed in DAR File No. 40863. Mr. Ishihara responded to the email inquiry that the form of the required report had not been finalized yet.

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 a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 17b, with respect to various license classifications relating to pharmacy practice. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

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

• Jennifer Zaelit at the above address, by phone at 801-530-7632, by FAX at , or by Internet E-mail at jzaelit@utah.gov

Effective:

09/05/2019

Authorized by:

Mark Steinagel, Director