Commerce, Occupational and Professional Licensing

Section R156-83-306

Drugs Approved for Online Prescribing, Dispensing, and Facilitation

Notice of Proposed Rule

(Amendment)

DAR File No.: 34544
Filed: 03/31/2011 09:51:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Online Prescribing, Dispensing and Facilitation Licensing Board reviewed the rule and determined that two new additional drugs: Hydroquinone up to 4% and Tretinoin up to 0.1% should be added to the list of approved online drugs for online prescribing, dispensing, and facilitation.

Summary of the rule or change:

Two new additional drugs: Hydroquinone up to 4% and Tretinoin up to 0.1% are being added to the list of approved online drugs for online prescribing, dispensing, and facilitation.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-83-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendment will not result in direct, measurable costs or benefits for local governments.

small businesses:

The proposed amendments will result in a monetary impact upon the anticipated planning and cash flow for affected licensed online contract pharmacies, prescribing physicians for licensed contractor pharmacies and internet facilitators. However, the aggregate impact of the proposed amendments cannot be quantified.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments will result in a monetary impact upon the anticipated planning and cash flow for affected licensed online contract pharmacies, prescribing physicians for licensed contractor pharmacies and internet facilitators. However, the aggregate impact of the proposed amendments cannot be quantified. The proposed amendments will also affect the method of delivery and potentially the cost to consumers.

Compliance costs for affected persons:

The proposed amendments will result in a monetary impact upon the anticipated planning and cash flow for affected licensed online contract pharmacies, prescribing physicians for licensed contractor pharmacies and internet facilitators. However, the individual impact of the proposed amendments cannot be quantified. The proposed amendments will also affect the method of delivery and potentially the cost to consumers.

Comments by the department head on the fiscal impact the rule may have on businesses:

Pursuant to authority granted in statute, the Division amends the list of approved online prescriptions to include Hydroquinone up to 4% and Tretinoin up to 0.1%. As indicated in the rule summary, there may be some fiscal benefit to businesses, but the impact is difficult to ascertain.

Francine A. Giani, Executive Director

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

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

Direct questions regarding this rule to:

• Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/16/2011

Interested persons may attend a public hearing regarding this rule:

• 05/03/2011 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

05/23/2011

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-83. Online Prescribing, Dispensing, and Facilitation Licensing Act Rule.

R156-83-306. Drugs Approved for Online Prescribing, Dispensing, and Facilitation.

In accordance with Subsection 58-83-306(1)(c), the following legend, non-controlled drugs are approved for prescribing by an online prescriber:

(1) finasteride;

(2) sildenafil citrate;

(3) tadalafil;

(4) vardenafil hydrochlorid;

(5) hormonal based contraception (except injectable or implantable methods); and

(6) varenicline

(7) hydroquinone up to 4%; and

(8) tretinoin up to .1%.

 

KEY: licensing, online prescribing, internet facilitators

Date of Enactment or Last Substantive Amendment: [January 10, ]2011

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a), 58-83-101