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 October 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R433. Health, Family Health and Preparedness, Maternal and Child Health.
Rule R433-200. Family Planning Access Act.
As in effect on October 1, 2019
Table of Contents
- R433-200-1. Authority and Purpose.
- R433-200-2. Definitions.
- R433-200-3. Protocol For Issuance of a Standing Prescription Drug Order.
- R433-200-4. Confidentiality.
- R433-200-5. Compliance.
- Date of Enactment or Last Substantive Amendment
- Authorizing, Implemented, or Interpreted Law
This rule establishes the protocol required by the Family Planning Access Act (Title 26, Chapter 64) for issuance of a valid standing prescription drug order that authorizes pharmacists and pharmacist interns licensed under the Pharmacy Practice Act (Title 58, Chapter 17b) to dispense self-administered hormonal contraception according to the requirements of the standing order. The rule also describes information created and collected under the Family Planning Access Act and this rule.
The requirements of this rule apply to each standing order issued under the Family Planning Access Act.
The terms used in this rule are defined in Section 26-64-102. In addition, the following definitions apply to this rule:
(1) "Department" means the Utah Department of Health.
(2) "Initiate dispensing":
(a) Means to fill or partially fill a self-administered hormonal contraceptive prescription:
(i) at the time a pharmacist or pharmacist intern evaluates a patient's self-assessment form and determines that it is safe to dispense contraceptives to the patient; or
(ii) at any subsequent date requiring review or evaluation by a pharmacist or pharmacist intern.
(b) Does not mean any prescription refill (as defined by R156-17b-102(51)) that may be provided under the applicable standing order without an evaluation or review by a pharmacist or pharmacist intern.
(3) "NDC" means the National Drug Code assigned by the U.S. Food and Drug Administration.
(4) "The Act" means the Family Planning Access Act.
Each standing prescription drug order for self-administered hormonal contraceptives issued under the Act shall adhere to the requirements of Section 26-64-105. In addition, each order shall also require the following:
(1) Persons authorized to initiate dispensing a self-administered hormonal contraceptive shall make and retain a record that includes the following information:
(a) The age and zip code of each patient receiving a self-administered hormonal contraceptive;
(b) The NDC of each self-administered hormonal contraceptive dispensed;
(c) An annual count of the number of patients who provide their self-screening risk assessment for evaluation by the pharmacist or pharmacist intern; and
(d) Any other relevant information required by the physician's standing order.
Information produced or collected by a pharmacist or pharmacist intern under the Act, this rule, or a standing order is "health data" subject to Title 26, Chapter 3 and is confidential and privileged information subject to requirements of Title 26, Chapter 25.
Upon Department request, pharmacists, pharmacist interns, and their employing pharmacies shall provide copies of records required by the Act, this rule, and standing orders to the Department. The Department may also obtain and review records and information.
family planning, contraception, hormonal contraception, birth control
March 6, 2019
26-3; 26-23-6; 26-25; 26-64; 58-17b
For questions regarding the content or application of rules under Title R433, please contact the promulgating agency (Health, Family Health and Preparedness, Maternal and Child Health). 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.