Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R380. Health, Administration.

Rule R380-60. Local Health Department Emergency Protocols.

As in effect on April 1, 2019

Table of Contents

R380-60-1. Authority and Purpose.

(1) These emergency protocols are adopted by the Department under authority of Utah Code Annotated Title 26-23b and Title 26A1-114 and as outlined in the Utah Code Annotated Title 58-1-307(6), (7), (8), and (9).

(2) These protocols shall only be in effect during a public health emergency, as defined in Utah Code Annotated Title 26-23b-102(6).

R380-60-2. Definitions.

(1) Administer - means the direct application of a drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human by another person.

(2) Controlled Substance - as defined in Utah Code Annotated Title 58-37-2.

(3) Closed Point of Dispensing (Closed POD) - A closed POD is a private location where medications are dispensed to a specific group of people.

(4) Declaration of Emergency - means the declaration of a national, state (Utah Code Annotated Title 53-2a-206), local (Utah Code Annotate Title 53-2a-208) or public health emergency (Utah Code Annotated Title 26-23b-102(6)).

(5) Department - means the Utah Department of Health.

(6) Dispense - means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration or use.

(7) Distribute - means to deliver a drug or device other than by administering or dispensing.

(8) Emergency Use Authorization (EUA) - means the authority of the US Food and Drug Administration (FDA) to approve the emergency use of drugs, devices, and medical products (including diagnostics) that were not previously approved, cleared, or licensed by FDA (hereafter, "unapproved") or the off-label use of approved products in certain well-defined emergency situations.

(9) Local Health Department - means a county or multicounty local health department established under Utah Code Title 26A.

(10) Receiving Facility - means a facility that is designated by the local health department to receive medications or supplies.

(11) Strategic National Stockpile - means a national repository of antibiotics, chemical antidotes, antitoxins, life-support medications, IV administration, airway maintenance supplies, and medical/surgical items.

(12) Triage - for purposes of this rule means the sorting of and allocation of treatment to patients according to priorities designed to maximize the number of survivors and optimize the use of available resources.

R380-60-3. Distribution of Medication (Non-controlled substances).

(1) Upon the declaration of an emergency as defined in R380-60-2, the Department shall coordinate the distribution of vaccine, antiviral, antibiotic or other prescription medication that is not a controlled substance received from the Strategic National Stockpile or another emergency stockpile and delivered to local health departments for further distribution, dispensing and administration.

(2) The local health department may distribute the medication received from the Department to emergency personnel and other receiving facilities as designated herein and within the local health department's jurisdiction. These receiving facilities may include the following:

(a) pharmacy (including back filling of inventory);

(b) prescribing practitioner;

(c) licensed health care facility;

(d) federally qualified community health clinic; or

(e) governmental entity for use by a community more than 50 miles from any facility listed in (a) to (d);

(f) federally recognized American Indian tribal entities;

(g) other organizations that have a written agreement with the Department or local health department, such as a closed POD.

(3) The receiving facility shall be responsible for record keeping as provided for in R380-60-7 and for the tracking, storage and the proper return, disposal or destruction of any unused medication.

R380-60-4. Distribution of Medication (Controlled Substances).

(1) A receiving facility as provided in R380-60-3(2) shall follow applicable state or Federal law governing dispensing and administration of the medications.

R380-60-5. Dispensing of Medication.

(1) After receiving medication distributed by the Department, the medical director or other person with authority to prescribe working in a local health department, may supervise or direct the dispensing of a vaccine, antiviral, antibiotic or other prescription medication that is not a controlled substance, under:

(a) a prescription or other lawful order by a person with authority to prescribe,

(b) the prescription procedure described in Section 58-17b-620(4),

(c) other procedures described in a written protocol approved by the medical director of the Department, or

(d) other conditions justifying the dispensing of the medication without a prescription, including the terms of an Emergency Use Authorization to:

(i) the contacts of a patient (contact of a patient with a physician patient relationship);

(ii) an individual working in a triage situation;

(iii) an individual receiving preventative or medical treatment in a triage situation;

(iv) an individual who does not have coverage for the prescription in the individual's health insurance plan;

(v) an individual involved in the delivery of medical or other emergency services; or

(vi) an individual who otherwise may have a direct impact on public health.

(2) If the person dispensing the vaccine, antiviral, antibiotic or other prescription medication is not a licensed pharmacist authorized to dispense medications under Title 58 Chapter 17b, the dispensing shall be conducted according to a written protocol approved by the medical director of the Department or the local health department.

(3) If the person dispensing the vaccine, antiviral, antibiotic or other prescription medication is not licensed to dispense, they shall follow procedures described in a written protocol approved by the medical director of the Department or the local health department.

R380-60-6. Administration of Medication.

(1) After receiving medication distributed by the Department, the medical director or other person licensed to administer (scope of practice) working in a local health department, may supervise or direct the administration of a vaccine, antiviral, antibiotic, or other prescription medication that is not a controlled substance under:

(a) a prescription or other lawful order by a person with authority to prescribe,

(b) the prescription procedure described in Section 58-17b-620(4),

(c) other procedures described in a written protocol approved by the medical director of the Department, or

(d) conditions for administration consistent with the terms of an Emergency Use Authorization to:

(i) the contacts of a patient;

(ii) an individual working in a triage situation;

(iii) an individual receiving preventative or medical treatment in a triage situation;

(iv) an individual who does not have prescription coverage;

(v) an individual involved in the delivery of medical or other emergency services; or

(vi) an individual who otherwise may have a direct impact on public health.

(2) If the person administering the vaccine, antiviral, antibiotic, or other prescription medication is not licensed to administer, the administration shall follow procedures described in a written protocol approved by the medical director of the Department or the local health department.

R380-60-7. Record Keeping.

(1) Records regarding the inventory (lot number, expiration date, etc.), distribution, dispensing and administration (patient data collection) of a vaccine, antiviral, antibiotic, or other prescription medication that is not a controlled substance shall be consistent with the terms of any Emergency Use Authorization or specific Strategic National Stockpile instructions.

(2) The Department, local health department or receiving facility described in Section R380-60-3 that dispenses or administers a vaccine, antiviral, antibiotic or other prescription medication under the authorization of this Rule shall comply with the conditions of any Emergency Use Authorization and shall keep an inventory record describing the drug and the name and contact information for each individual that received the drug.

(3) If the circumstances of the emergency make it impossible to keep these inventory records, the Executive Director of the Department may grant an exception to this requirement limiting the record keeping requirement to such records as are appropriate and possible in the circumstances of the emergency.

(4) If no exception is made by the Executive Director of the Department as described in R380-60-7(3), all record keeping shall be in effect as required by Utah Administrative Rule R156-37-602.

KEY

public health emergency

Date of Enactment or Last Substantive Amendment

January 20, 2016

Notice of Continuation

March 1, 2017

Authorizing, Implemented, or Interpreted Law

58-1-307(6); 58-1-307(7); 58-1-307(8); 58-1-307(9)


Additional Information

Contact

For questions regarding the content or application of rules under Title R380, please contact the promulgating agency (Health, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.