This filing was published in the 08/01/2008, issue, Vol. 2008, No. 15, of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
R156-37
Utah Controlled Substances Act Rules
DAR File No.: 31423
Filed: 07/14/2008, 10:01
Received by: NL
Following a public rule hearing and additional review by the Division and the State Board of Pharmacy, one additional change is being proposed in Subsection R156-37-609(4) to delay implementation of the weekly reporting requirement to the Controlled Substance Database to 10/01/2008.
In Subsection R156-37-609(4), the implementation date for weekly reporting to the Controlled Substance Database has been changed from 07/15/2008 to 10/01/2008. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the June 1, 2008, issue of the Utah State Bulletin, on page 62. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)
Subsections 58-1-106(1)(a), 58-37-6(1)(a), and 58-37-7.5(7)
No additional costs or savings are anticipated beyond those previously identified in the original rule filing.
No additional costs or savings are anticipated beyond those previously identified in the original rule filing.
No additional costs or savings are anticipated beyond those previously identified in the original rule filing.
No additional costs or savings are anticipated beyond those previously identified in the original rule filing.
No fiscal impact to businesses is anticipated from this change to proposed rule, which merely provides an effective date to the weekly reporting requirement. Francine A. Giani, Executive Director
Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov
09/02/2008
09/09/2008
F. David Stanley, Director
R156. Commerce, Occupational and Professional Licensing.
R156-37. Utah Controlled Substances Act Rules.
. . . . . . .
R156-37-609. Controlled Substance Database - Procedure and Format for Submission to the Database.
(1) In accordance with Subsections 58-37-7.5(6)(a), the format in which the information required under Section 58-37-7.5 shall be submitted to the administrator of the database is:
(a) electronic data via telephone modem;
(b) electronic data stored on floppy disk or compact disc (CD);
(c) electronic data sent via electronic mail (e-mail) if encrypted and approved by the database manager;
(d) electronic data sent via a secured internet transfer method, including but not limited to, FTP site transfer and HyperSend; or
(e) any other electronic method preapproved by the database manager.
(2) The required information may be submitted on paper, if the pharmacy or pharmacy group submits a written request to the division and receives prior approval.
(3) The division will consider the following in granting the request:
(a) the pharmacy or pharmacy group has no computerized record keeping system upon which the data can be electronically recorded; or
(b) the pharmacy or pharmacy group is unable to conform its submissions to the format required by the database administrator without incurring undue financial hardship.
(4) As of [July
15, 2008]October 1, 2008, each pharmacy or pharmacy group shall
submit all data collected during the preceding seven days at least once per
week. If the data is submitted by a
single pharmacy entity, the data shall be submitted in chronological order
according to the date each prescription was filled. If the data is submitted by a pharmacy group, the data is required
to be sorted by individual pharmacy within the group, and the data of each
individual pharmacy within the group is required to be submitted in
chronological order according to the date each prescription was filled.
(5) The format for submission to the database shall be in accordance with uniform formatting developed by the American Society for Automation in Pharmacy system (ASAP). The division may approve alternative formats or adjustments to be consistent with database collection instruments and contain all necessary data elements.
(6) The pharmacist-in-charge of each reporting pharmacy shall submit a report on a form approved by the division including:
(a) the pharmacy name;
(b) NABP number;
(c) the period of time covered by each submission of data;
(d) the number of prescriptions in the submission;
(e) the submitting pharmacist's signature attesting to the accuracy of the report; and
(f) the date the submission was prepared.
. . . . . . .
KEY: controlled substances, licensing
Date of Enactment or Last Substantive Amendment: 2008
Notice of Continuation: March 15, 2007
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37-7.5(7)
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For questions regarding the content or application of this rule, please contact Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).
Last modified: 07/31/2008 4:40 PM