Opioid-related legislation (2000 – 2018)
2018 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 14 – Substance Abuse Treatment ▪ Remuneration for the referral of an individual for substance use disorder treatment a class A Facility Patient Brokering misdemeanor. Rep. Hutchings H.B 127 – Controlled Substance ▪ Requires a prescriber to check the Controlled Substance Database for information about a patient Database Act Amendments before the first time the prescriber gives a prescription to a patient for a Schedule II opioid or a Rep. Fawson Schedule III opioid, with the following exceptions: emergency situations and times when the Database or the Internet are down) H.B. 158 – Controlled Substance ▪ Modifies the requirements related to providing information to DOPL for inclusion in the controlled Database Revisions substance database; modifies who may be penalized for failing to submit information to the Rep. Daw controlled substance database as required by state statute. H.B. 366 – Substance Use Disorder ▪ Defines "emergency, life-saving treatment"; clarifies and requires a binding commitment to pay, Treatment Amendments rather than a "financial guarantee," when an individual seeks an order for essential treatment and Rep. Christensen intervention; allows the documentation of certain emergency, life saving treatment to qualify to reduce the number of essential treatment examinations that a court shall require; establishes procedures to follow when an individual fails to comply with a court order related to a petition for essential treatment and intervention; and allows a court to designate an individual to be a personal representative, under specified conditions. H.B. 399 – Opioid Abuse Prevention and ▪ Requires the Department of Health to develop a pamphlet with information about opiates; and Treatment Amendments requires a pharmacist who is dispensing certain prescriptions for an opiate to affix a warning label Rep. Eliason and to display an informational brochure. H.B. 434 – Controlled Substance Act ▪ Adds certain substances to the lists of controlled substances and Schedule I controlled substances. Amendments Rep. Ray
H.B. 435 – Medicaid Dental Benefits ▪ Provides dental benefits to certain adults in the Medicaid program, including eligible individuals Rep. Eliason who are receiving treatment for a substance use disorder.
H.J.R. 12 Joint Resolution Calling Upon ▪ Describes serious allegations that have been raised regarding deceptive marketing practices used the Attorney General to Sue Prescription by prescription opioid manufacturers to sell prescription opioids; describes the effects of the Opioid Manufacturers prescription opioid crisis on the state and nation; describes the impact of the opioid crisis on the Rep. McKell state; lists other states and Utah counties that have filed suit or committed to file suit 20 against prescription opioid manufacturers; and calls upon the attorney general to sue prescription opioid manufacturers. S.B. 205 – Incarceration Reports ▪ Requires the Department of Corrections and county jails to report to the Commission on Criminal Sen. Weiler and Juvenile Justice regarding: in-custody inmate deaths; treatment policies for inmates with a substance or alcohol addiction; and medications not dispensed to an inmate during incarceration; and requires the Commission on Criminal and Juvenile Justice to compile the information reported and submit the compilation to the Law Enforcement and Criminal Justice Interim Committee. S.C.R. 4 Concurrent Resolution on ▪ Recognizes the effects of sudden death from opioid-induced postoperative respiratory depression; Deaths from Opioid-Induced urges the Department of Health, hospitals, practitioners, and academics to further study this issue; Postoperative Respiratory Depression and encourages physicians to prescribe in-home monitoring devices where appropriate for patients Sen. Van Tassell who are discharged with opioids after surgery.
2017 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 50 – Opioid Prescribing Regulations ▪ Limits prescriptions for Schedule II and Schedule III opiates for acute conditions to 7 days, with Rep. Raymond Ward exceptions (e.g., 30-day supply for post-surgical, chronic conditions). ▪ Requires a prescriber to check the Controlled Substance Database when prescribing a Schedule II or Schedule III opioid to a patient for the first time, with exceptions (e.g., < 3-day supply, post-surgical, prescriber knows the patient’s history). H.B 66 – Opiate Overdose Response Act ▪ Clarifies that overdose outreach providers and persons other than health care facilities/providers Amendments are not civilly liable when administering an opiate antagonist in good faith to a person believed to be Rep. Carol Spackman Moss experiencing an opiate-related drug overdose event. ▪ Clarifies than an overdose outreach provider may furnish an opiate antagonist to another opiate outreach provider. H.B. 90 – Insurance Opioid Regulations ▪ Authorizes a health insurer that provides prescription drug coverage to enact a policy to minimize Rep. Raymond Ward the risk of opioid addiction and overdose from: (a) chronic co-prescription of opioids with benzodiazepines and other sedating substances; (b) prescription of very high dose opioids in the primary care setting; and (c) the inadvertent transition of short-term opioids for an acute injury into long-term opioid dependence. ▪ Authorizes a health insurer that provides prescription drug coverage to enact policies to facilitate: (a) non-narcotic treatment alternatives for patients who have chronic pain; and (b) medication-assisted treatment for patients who have opioid dependence disorder.
H.B. 110 – Controlled Substance ▪ Adds several spice and bath salt analogs as “listed controlled substances” in the Utah Controlled Amendments Substances Act. Rep. Paul Ray ▪ Adds U-47700 (“pink”) to Schedule I of the Utah Controlled Substances Act. ▪ Adds Acetyl fentanyl, Butyryl fentanyl, and Furanyl fentanyl to Schedule I of the Utah Controlled Substances Act. H.B. 146 – Partial Filling of a Schedule II ▪ Authorizes the partial filling of a Schedule II controlled substance for a patient other than a patient Controlled Substance Prescription in a long-term care facility or with a terminal illness, at the request of the prescriber or the patient. Rep. Stewart Barlow H.B. 175 – Opioid Abuse Prevention and ▪ Beginning with the licensing period that begins after July 1, 2024, requires controlled substances Treatment Amendments prescribers to receive 3.5 hours of training in SBIRT – Screening, Brief Intervention, and Referral to Rep. Steve Eliason Treatment – as a condition of license renewal. ▪ Permits completion of the SBIRT training to fulfill the continuing education requirement for the licensing period in which it was completed. ▪ Requires Medicaid and the Public Employees Benefit and Insurance Program to reimburse prescribers for SBIRT services provided for patients 13 years of age and older. H.B. 209 – Administration of Medication ▪ Allows for the administration of an opiate antagonist to a student in accordance with the Opiate to Students Amendment Overdose Response Act. Rep. Mike McKell H.B. 286 – Essential Treatment and ▪ Establishes a process for a relative to seek court-ordered essential treatment and intervention for Intervention Act an adult suffering from a substance use disorder, without resulting in a criminal record. Rep. LaVar Christensen S.B. 258 – Addiction Recovery ▪ Requires the Department of Health to establish guidelines for the issuance of a prescription for an Amendments Sen. Karen Mayne opiate antagonist along with a prescription for an opiate (co-prescribing).
2016 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 114 – Controlled Substance This bill: amends the requirement for a general acute hospital to report to the Division of Occupational and Reporting Professional Licensing admissions for poisoning or overdose involving a prescribed controlled substance; Rep. Raymond Ward requires courts to report to the division certain violations of the Utah Controlled Substances Act; amends the purposes of the division’s controlled substance database; requires the division to enter into the database information it receives in reports by hospitals concerning persons admitted for poisoning involving a prescribed controlled substance; and requires the division to enter into the database information it receives in reports by courts concerning persons convicted for: driving under the influence of a prescribed controlled substance that renders the person incapable of safely operating a vehicle; driving while impaired, in whole or in part, by a prescribed controlled substance; or certain violations or the Utah Controlled Substances Act. Appropriation: $19,900 one-time to the Department of Commerce, Division of Occupational and Professional Licensing. H.B. 149 – Death Reporting and This bill: requires the medical examiner to provide a report to the Division of Occupational and Professional Investigation Licensing (DOPL) when the medical examiner determines that a death resulted from poisoning or overdose Information Regarding involving a prescribed controlled substance; requires that, when DOPL receives a report described in the Controlled Substances preceding paragraph, DOPL shall notify each practitioner who may have written a prescription for the Rep. Brad Daw controlled substance involved in the poisoning or overdose; allows probation and parole officers to obtain information in the controlled substance database without a warrant; and allows the division to provide information to law enforcement officers engaged in specified types of investigations. Appropriation: $24,900 one-time to the Department of Commerce, Division of Occupational and Professional Licensing; and $1,500 ongoing to the Department of Health, Office of the Medical Examiner H.B. 150 – Controlled Substance This bill: amends the Controlled Substance Database Act to allow a person for whom a controlled substance is Prescription Notification prescribed to designate a third party who is to be notified when a controlled substance prescription is Rep. Brad Daw dispensed to the person; allows the person to direct the division to discontinue providing the information; requires that the division advise the person that if the person discontinues the notification, the third party will be advised of the discontinuance; requires that the division comply with the direction and also notify the third party of the discontinuation; and authorizes the division to make administrative rules to facilitate implementation of this provision. Appropriation: $39,000 one-time to the Department of Commerce, Division of Occupational and Professional Licensing. H.B. 192 – Opiate Overdose This bill: renames the Emergency Administration of Opiate Antagonist Act as the Opiate Overdose Response Response Act – Pilot Program Act; amends definitions; amends liability provisions; creates the Opiate Overdose Outreach Pilot Program and Other Amendments within the Department of Health; specifies how money appropriated for the program may be used; authorizes Rep. Mike McKell the department to make grants through the program to persons that are in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event; specifies how grants may be used; requires annual reporting by grantees; requires rulemaking by the department; requires annual reporting on the program by the department; and designates program funding as non-lapsing. Appropriation: $250,000 one-time to the Department of Health, Disease Control and Prevention H.B. 238 – Opiate Overdose This bill: renames the Emergency Administration of Opiate Antagonist Act as the Opiate Overdose Response Response Act – Overdose Act; amends definitions; amends civil liability provisions; authorizes an overdose outreach provider to furnish Outreach Provider and Other an opiate antagonist without civil liability; requires an overdose outreach provider to furnish instruction on Amendments how to recognize and respond appropriately to an opiate-related drug overdose event; exempts an overdose Rep. Carol Spackman Moss outreach provider from licensure under the Pharmacy Practice Act; and specifies that the prescribing or dispensing of an opiate antagonist by a dentist is not unprofessional or unlawful conduct. H.B. 239 – Access to Opioid This bill: defines terms; requires the Division of Occupational and Professional Licensing within the Department Prescription Information Via of Commerce to make opioid prescription data information in its controlled substance database accessible to Practitioner Data Management an opioid prescriber or pharmacist via the prescriber’s or pharmacist’s electronic data system; limits access to Systems and use of the information by an electronic data system, a prescriber, or a pharmacist in accordance with rules Rep. Mike McKell established by the division; requires rulemaking by the division; requires the division to periodically audit use of the information; and amends Controlled Substance Database Act penalty provisions. Appropriation: $18,500 ongoing and $54,700 one-time to the Department of Commerce, Division of Occupational and Professional Licensing. H.B. 240 – Opiate Overdose This bill: renames the Emergency Administration of Opiate Antagonist Act as the Opiate Overdose Response Response Act -- Standing Act; amends definitions; and authorizes the use of a standing prescription drug order issued by a physician to Orders and Other dispense an opioid antagonist. Amendments Appropriation: $1,500 ongoing and $2,400 one-time to the Department of Commerce, Division of Occupational Rep. Steve Eliason and Professional Licensing. H.B. 308 – Disease This bill: authorizes the operation of syringe exchange programs in the state; specifies the requirements a Prevention and Substance syringe exchange program must meet; requires the Department of Health to report to the Legislature every Abuse Reduction two years on the activities and outcomes of syringe programs operating in the state; and requires rulemaking Amendments by the department. Rep. Steve Eliason H.B. 375 – Prescription Drug This bill: defines terms; amends the Controlled Substance Database Act to promote utilization of the controlled Abuse Amendments substance database to prevent opioid abuse; requires a dispenser to contact the prescriber if the controlled Rep. LaVar Christensen substance database suggests potential prescription drug abuse; and limits liability for prescribers and dispensers who contribute to and use the database. Appropriation: $8,600 ongoing to the Department of Commerce, Division of Occupational and Professional Licensing H.C.R. 4 – Concurrent This resolution: emphasizes the importance of the lives of all people living in Utah; recognizes Utah’s high rates Resolution Declaring Drug of overdose death compared to most states in the country; and strongly urges Utah’s Department of Health, Overdose Deaths to be a Public Department of Human Services, and Department of Public Safety to recognize this public health crisis and Health Emergency direct resources to reduce the number of overdose deaths in Utah. Rep. Carol Spackman Moss
S.B. 58 – Nurse Practitioner This bill: defines pain clinic for Title 58, Division of Occupational and Professional Licensing Act; allows an Amendments advanced practice registered nurse to prescribe a Schedule II controlled substance without a consultation and Sen. David Hinkins referral plan if the advanced practice registered nurse: meets certain experience requirements; consults the Controlled Substance Database; and when treating an injured worker, follows prescribing for chronic pain guidelines developed by the Workers’ Compensation System; and prohibits an advanced practice registered nurse from establishing an independent pain clinic without a consultation and referral plan. Appropriation: $2,000 one-time to the Department of Commerce, Division of Occupational and Professional Licensing.
2015 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 146 – Driving Under the This bill: provides that for driving under the influence sentencing purposes a prior conviction shall be within 10 Influence Revisions Rep. years of: the current conviction; or the commission of the offense upon which the current conviction is based Steve Eliason H.B. 284 – Minor Alcohol or This bill: authorizes a court to order a screening, an assessment, and an educational series or substance abuse Drug Related Offenses and treatment if found appropriate by the screening or assessment for a first violation of certain alcohol or drug Driving Privileges Rep. related offenses committed by a minor; requires a court to order a screening, an assessment, and an Edward Redd educational series or substance abuse treatment if found appropriate by the screening or assessment for a second or subsequent violation of certain alcohol or drug related offenses committed by a minor; authorizes a court to reduce a driver license suspension period for certain alcohol or drug related offenses committed by a minor; and amends the requirements for a court to reduce a driver license suspension period for certain alcohol or drug related offenses committed by a minor H.B. 348 – Criminal Justice This bill: reduces penalties for specified offenses involving controlled substances and provides that specified Programs and Amendments penalties be increased for subsequent convictions for the same offenses; requires the Division of Substance Rep. Eric Hutchings Abuse and Mental Health to establish standards for mental health and substance abuse treatment, and for treatment providers, concerning individuals who are incarcerated or who are required by a court or the Board of Pardons and Parole to participate in treatment. H.B. 395 – Controlled This bill: requires the Division of Occupational and Professional Licensing to implement options for: real-time Substance Database submission of data into the controlled substance database; and 24-hour daily or next business day batch Amendments submission of data; requires a pharmacist to comply with the real-time or 24-hour submission requirements on Rep. Edward Redd and after January 1, 2016; provides that a physician employed as medical director for SUPPORT July 1, 2015 2015 General Session of the Utah Legislature USAAV Overview of Substance Abuse, Behavioral Health, and Related Legislation Passed As of April 24, 2015 5 Bill Number and Title Sponsors Summary USAAV Position ***** Effective Date a licensed workers’ compensation insurer or an approved self-insured employer may have access to the database regarding requests for workers’ compensation; authorizes additional rulemaking authority; and repeals provisions of a pilot program. Appropriation: $46,000 to the Department of Commerce/Division of Occupational and Professional Licensing for FY 2016 (ongoing). H.J.R. 26 – Joint Resolution – This resolution: gives the Legislative Management Committee items of study it may assign to the appropriate Potential Interim Study Items interim committee during the 2015 legislative interim; and suggests that the Legislative Management Rep. James Dunnigan Committee, in approving studies, give consideration to the available time of legislators and the budget and capacity of staff to respond to the assigned studies. Study Items Possibly Within USAAV Scope: 113. Mental Health and Substance Abuse Funding – to study the costs and funding of community mental health and substance abuse treatment programs for inmates released from jail and prison under criminal justice reform. 177. Abuse Deterrent Opioid Analgesic Products – to study the efficacy of use and the barriers to use of abuse deterrent opioid analgesic drugs (S.B. 265) S.B. 82 – Forcible Entry This bill: amends existing law regarding the use of forcible entry by a law enforcement officer when executing a Amendments Sen. Stephen warrant; requires that the Utah Peace Officer Standards and Training Council recommend guidelines and Urquhart procedures regarding use of force in executing a warrant; requires a law enforcement officer to wear a badge, label, or clothing that identifies that person as a peace officer; provides that if the deploying law enforcement agency owns and operates body camera devices, the officer who executes a warrant shall be equipped with a body camera that actively records through the duration of the execution of the warrant; provides that a search or administrative warrant may not be issued by a justice court judge; provides that a warrant authorizing forcible entry may not be issued solely for the purpose of an alleged controlled substance or for drug paraphernalia; and provides that any evidence obtained in violation of these provisions is not admissible in any civil, criminal, or administrative proceeding. S.B. 119 – Prescription This bill: provides that a person may request that the division provide to the person his or her records that are Database Revisions Sen. Todd in the controlled substance database; provides a procedure for a patient to correct erroneous information in Weiler the database; requires law enforcement to use a search warrant to gain database information related to a controlled substance investigation and requires specification of the person regarding whom the information is sought; authorizes a person whose information is in the database to obtain a list of persons who have had access to that person’s information, except when the information is subject to an investigation; provides that a physician employed as medical director for a licensed workers’ compensation insurer or an approved self- insured employer may have access to the database regarding requests for workers’ compensation; and adds the standards of negligently or recklessly to the elements of the criminal offense of unlawfully releasing database information. Appropriation: $17,200 to the Department of Commerce/Division of Occupational and Professional Licensing for FY 2016 (ongoing); and $16,700 one-time to the Department of Commerce/Division of Occupational and Professional Licensing for FY 2016. $22,400 to the Judicial Council/State Court Administrator/Administrative Office for FY 2016 (ongoing). S.B. 150 – Driving Under the This bill: provides that an impaired driving plea is not available to a person who has certain prior convictions; Influence Sentencing requires the court to impose, for a felony driving under the influence violation, an order requiring the person to Revisions Sen. Scott Jenkins obtain a screening and assessment for alcohol and substance abuse and treatment as appropriate; requires the court to order the installation of the ignition interlock system, at the person’s expense, for all motor vehicles registered to that person and all motor vehicles operated by that person if a person is convicted of a driving under the influence violation within 10 years of a prior conviction; and provides that a person who operates a motor vehicle without an ignition interlock device as ordered by the court is in violation of driving without an ignition interlock system. Appropriation: $37,200 to the Judicial Council/State Court Administrator/District Courts for FY 2016 (ongoing). S.B. 158 – Pharmacy This bill: amends definitions; makes a technical amendment to patient counseling; amends unprofessional Amendments conduct provisions; authorizes administrative rulemaking regarding dispensing an emergency supply of certain Sen. Evan Vickers drugs from an emergency room in limited circumstances; and amends access to the controlled substance database to allow a pharmacist in charge to give a pharmacy intern access to the controlled substance database. S.B. 181 – Driver License This bill: provides that a court is not required to forward to the Driver License Division within five days an Modifications Sen. Curtis abstract of the court record of the conviction for certain drug violations and the Driver License Division is not Bramble required to suspend a person’s license for certain drug violations if the person convicted of the violation was not an operator of a motor vehicle at the time of the violation. S.B. 265 – Abuse Deterrent This bill: defines terms; and requires the Public Employees’ Benefit and Insurance Program to: study the Opioid Analgesic Drug barriers to and efficacy of use of abuse-deterrent opioid analgesic drug products; and report to the Business Products Sen. Jerry Stevenson and Labor Interim Committee and the Health and Human Services Interim Committee.
Appropriations:
Medication Assisted Addiction Treatment (Vivitrol) - $500,000 one-time to the Division of Substance Abuse and Mental Health for FY 2016 Prescription Drug Abuse, Misuse, and Overdose Prevention - $500,000 one-time to the Utah Department of Health for FY 2016 Drug Offender Reform Act (DORA) - $2,765,900 ongoing to the Division of Substance Abuse and Mental Health and $888,100 ongoing to the Department of Corrections (Total = $3,654,000)
2014 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary S.B. 29 – Controlled Substance Recommended by the Health and Human Services Interim Committee This bill: provides access to the Database Amendments Sen. Controlled Substance Database to authorized employees of a Medicaid managed care organization if the Allen Christensen Medicaid managed care organization suspects the Medicaid recipient is improperly obtaining a controlled substance; and requires the Department of Health and the Department of Commerce to have a written agreement regarding the Medicaid managed care organization authorized employee access to the Controlled Substance Database. The bill requires managed care organization employees who will have access to information from the database to submit to a criminal background check, and limits the authorized employee of the managed care organization to requesting either the Division of Occupational and Professional Licensing or the Department of Health conduct a search of the database regarding a specific Medicaid enrollee and report the results of the search to the authorized employee. Appropriation: $8,800 to the Department of Commerce/Division of Occupational and Professional Licensing. S.B. 178 – Controlled This bill: allows the pharmacist-in-charge to designate up to three licensed pharmacy technicians to have Substance Database access to the database on behalf of the pharmacist in accordance with statutory requirements. Modifications Sen. Evan Vickers S.B. 205 – Controlled This bill: provides that increased penalties for the possession of a controlled substance in certain Substance Penalty circumstances may not result in an offense greater than a second-degree felony. Amendment Sen. Lyle Hillyard S.J.R. 20 – Master Study This joint resolution of the Legislature gives the Legislative Management Committee items of study it may Resolution Sen. Ralph assign to the appropriate interim committee. Okerlund 124. Nurse Practitioner Prescribing Authority – to study whether to allow an advanced practice registered nurse to prescribe a schedule II or a schedule III controlled substance without mandatory physician consultation. H.B. 11 – Overdose Reporting This bill: provides that a person who reports a person’s overdose from a controlled substance or other Amendments Rep. Carol substance may claim an affirmative defense to specified charges of violating the Utah Controlled Spackman Moss Substances Act if the person remains with the person who is subject to the overdose and cooperates with responding medical providers and law enforcement officers; and provides that remaining with a person subject to an overdose and cooperating with medical providers and law enforcement is a mitigating factor when determining the penalty for a related violation of the Utah Controlled Substances Act. H.B. 30 – Controlled This bill: adds new “spice” and emerging drug analogs to the listed controlled substances, including opioids. Substances Amendments Rep. Paul Ray H.B. 119 – Opiate Overdose This bill: defines terms; permits the dispensing and administration of an opiate antagonist to a person who Emergency Treatment Rep. is reasonably believed to be experiencing an opiate-related drug overdose event; establishes immunity for Carol Spackman Moss the good faith administration of an opiate antagonist; clarifies that the administration of an opiate antagonist is voluntary and that the act does not establish a duty to administer an opiate antagonist; clarifies that it is not unlawful or unprofessional conduct for certain health professionals to prescribe an opiate antagonist to: a person at increased risk of experiencing an opiate-related drug overdose event; or a family member, friend, or other person in a position to assist a person who is at increased risk of experiencing an opiate-related drug overdose; and requires a person who prescribes or dispenses an opiate antagonist to advise a person to seek a medical evaluation after experiencing a drug overdose and taking an opiate antagonist. H.B. 211 – Substance Abuse This bill: defines and modifies terms; requires the Office of Licensing (the office) to charge an annual Amendments Rep. Michael licensing fee to recovery residences; requires the Division of Substance Abuse and Mental Health to Kennedy cooperate with and assist treatment centers, recovery residences, and other organizations that provide services to individuals recovering from a substance abuse disorder, by identifying and disseminating information about effective practices and programs; and creates a committee within the Utah Substance Abuse Advisory Council to study issues concerning recovery residences and substance abuse treatment. H.B. 291 – State Laboratory This bill: increases the administrative fee for license reinstatement after an alcohol-related or drug-related Drug Testing Account offense [from $170 to $230]; increases the amount deposited in the State Laboratory Drug Testing Account Amendments Rep. Ronda from the Department of Public Safety Restricted Account; and requires the Department of Public Safety to Menlove report to the Department of Health annually the amount the Department of Public Safety expects to collect from administrative fees for license reinstatement in the next fiscal year.
Appropriations:
Drug Offender Reform Act (DORA) Appropriations: Base Budget: $2,765,900 ongoing to the Division of Substance Abuse and Mental Health (S.B. 8); and $888,100 ongoing to the Department of Corrections
2013 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary S.B. 49 – Child Welfare This bill enacts the following new language regarding drug testing: - The division may not require a parent Modifications Sen. Wayne who has a child in the custody of the division to pay for some or all of the cost of any drug testing the Harper parent is required to undergo. - If the parent is in a substance abuse treatment program, other than a certified drug court program: the court may order the parent to submit to supplementary drug or alcohol testing in addition to the testing recommended by the parent’s substance abuse program based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and the court may order the parent to provide the results of drug or alcohol testing recommended by the substance abuse program to the court or division. S.B. 214 – Continuing This bill: defines terms; requires certain controlled substance prescribers to complete at least four hours Education for Prescription of continuing education as a requisite for license renewal; requires that at least 3.5 hours of the required Drugs continuing education hours be completed in controlled substance prescribing classes, except dentists, Sen. Patricia Jones who shall complete 2 such hours; establishes criteria for controlled substance prescribing classes recognized by the Division of Occupational and Professional Licensing (DOPL); directs DOPL to consult with other applicable departments and associations when determining whether classes for controlled substance prescribers with a specific license type meet established criteria; and grants rulemaking authority to DOPL. S.B. 270 – Controlled Substance This bill: adds all forms of tramadol to the list of Schedule V controlled substances; and adds new “spice” Amendments Sen. Evan Vickers and “bath salts” analogs to the list of unscheduled controlled substances. H.B. 33 – Expungement Process This bill: creates a process to expunge drug-related offenses by adding another felony and misdemeanor Amendments offense to the list of those that can be expunged; requires the petitioner to be free of illegal substance Rep. Eric Hutchings abuse and successfully managing any substance addiction; and clarifies the difference between a pardon and expungement H.B. 52 – Controlled Substances This bill: adds new “spice” and “bath salts” analogs to the list of unscheduled controlled substances; and Revisions Rep. Paul Ray makes a technical spelling correction of a substance listed in the scheduled controlled substances. Fiscal Note: Enactment of this bill likely will not materially impact the state budget, nor will it likely result in direct, measurable expenditures by Utah residents or businesses. Enactment of this bill might increase local prosecution and conviction costs. H.B. 128 – Driver License This bill: amends the driver license suspension periods for a person who is under 19 years of age and is Suspension Modifications Rep. convicted of certain alcohol and drug related offenses; amends the amount of time that a court may Douglas Sagers shorten a person’s driver license suspension for certain alcohol or drug related offenses prior to the completion of the suspension period if the person is under 19 years of age and completes certain requirements; and amends the administrative suspension periods for persons under 19 years of age who have violated certain alcohol or drug related offenses. H.B. 270 – Prescription Drug This bill: allows the director of the Utah Department of Health to allow access to the controlled substance Database Access Amendments database to designated individuals conducting scientific studies regarding the use or abuse of controlled Rep. Ronda Menlove substances, if: the designee adheres to rules set by the Department of Health and federal regulations covering the use of protected health information; and the identities of prescribers, patients, and pharmacies in the database are de-identified in accordance with HIPAA rules, kept confidential, and not disclosed to the designee or individuals not associated with the scientific studies. H.J.R. 20 – Master Study This bill: gives the Legislative Management Committee items of study it may assign to the appropriate Resolution Rep. Brad Dee interim committee during the 2013 legislative interim; directs interim committees assigned these items to study and make recommendations for legislative action to the 60th Legislature before the 2014 Annual General Session; and suggests that the Legislative Management Committee, in approving studies, give consideration to the available time of legislators and the budget and capacity of staff to respond to the assigned studies. 93. Controlled Substance Database Access – to study reciprocal online access to the Controlled Substance Database between health care providers in Utah and neighboring states, including Idaho, Nevada, and Wyoming. 94. Controlled Substance Database Reporting – to study ways to address the Controlled Substance Database reporting to the prescribing health care providers of multiple prescribers, multiple pharmacies, and excessive controlled substance use by an individual. 95. Dispensing of Prescription Drugs by Medical Practitioners – to study the dispensing of prescription drugs by medical practitioners, including the creation of “dispensing medical practitioner” as a license classification (S.B. 280). 96. Electronic Prescribing and Monitoring Systems – to study an electronic prescribing system that utilizes a prescriber’s biometric signature, like a fingerprint, in lieu of a handwritten signature or password for prescription authentication, and study a secure, real-time monitoring system that utilizes a patient’s biometric signature to instantly alert medication prescribers and pharmacists if the medication to be prescribed or dispensed conflicts with the patient’s medication history or if a patient should not yet need more medication. 107. Prescription Abuse – to study issues related to prescription medication not being used as prescribed. 108. Prescription Drug Abuse and Disposal – to study ways to prevent drug abuse by young people and ways to promote prescription drug disposal when taking medication is no longer necessary. 136. Drug Testing at Pedestrian Accident Scenes – to study potential changes to statute requiring law enforcement to conduct enhanced investigation and drug testing at accident scenes where a pedestrian was hit and emergency medical services were activated.
Appropriations:
Drug Offender Reform Act (DORA) Appropriations Base Budget Appropriations: $2,590,900 ongoing to the Division of Substance Abuse and Mental Health (H.B. 8); $888,100 ongoing to the Department of Corrections New Appropriations: $100,000 one-time supplemental for FY 2013 to the Division of Substance Abuse and Mental Health (H.B. 3); $175,000 ongoing to the Division of Substance Abuse and Mental Health (S.B. 3) Drug Court Appropriations Base Budget Appropriations: $3,717,700 ongoing to the Division of Substance Abuse and Mental Health (H.B. 8) New Appropriations: $870,000 ongoing to the Division of Substance Abuse and Mental Health (S.B. 2); $130,000 ongoing to the Administrative Office of the Courts
2012 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary S.B. 50 – Motor Vehicle Impound This bill requires a peace officer to seize and impound a vehicle if the peace officer arrests, cites, or Amendments Sen. Michael refers for administrative action the operator of the vehicle for driving the motor vehicle while the Waddoups operator’s license is denied, suspended, revoked, or disqualified for violating certain drug or alcohol related offenses with exception. S.B. 127 – Controlled Substances This bill amends the effective date for controlled substances prescriber education requirements; and Prescriber Training provides that completing the controlled substance database online tutorial and passing the online test Sen. Patricia Jones counts as ½ hour of continuing professional education in controlled substances prescribing. S.B. 182 – Expungement of Drug This bill creates a committee within the Utah Substance Abuse Advisory Council to study issues related Offenses Sen. Howard Stephenson to the expungement of drug-related offenses; and requires that the committee report to the Judiciary, Law Enforcement and Criminal Justice Committee no later than November 30, 2012. S.B. 205 – Records Access Discovery This bill permits a state or local prosecutor to provide information from the controlled substance Amendments Sen. Curtis Bramble database to a criminal defense attorney, upon request during discovery, for use in a criminal defense case; and permits a criminal justice agency to provide information from a criminal background check to a defense attorney, upon request during discovery, for use in a criminal defense case. S.J.R. 3 – Joint Resolution - Master Study Items Possibly Within USAAV Scope: Study Sen. Scott Jenkins 71. Local Drug Ordinances – to study whether to grant cities, towns, and counties the authority to enact ordinances regulating newly developed illegal or illicit drugs. 78. Physician Dispensing of Controlled Substances – to study systemic administration and evaluation when expanding the scope of physician dispensing of controlled substances and drugs. H.B. 109 – Use of Controlled This bill specifies that the Division of Occupational and Professional Licensing may grant licenses, under Substances in Research Rep. Dean specified terms, to conduct research concerning Schedule I controlled substances. Sanpei H.B. 155 – Drug Screening for This bill requires a parent who otherwise qualifies for cash assistance under Utah’s Family Employment Temporary Assistance for Needy Program to complete a written questionnaire designed to determine the likelihood of the parent having Families Recipients Rep. Brad a substance use disorder; requires an applicant to submit to a drug test if the written questionnaire Wilson indicates a reasonable likelihood that the applicant has a substance use disorder; requires an applicant who tests positive for a controlled substance to enter into and follow an employment plan that includes the following to continue to receive cash assistance under the Family Employment Program: receiving treatment for a substance use disorder; and testing negative on follow-up drug tests for a controlled substance; and provides that refusing to take a drug test, failing a drug test, not entering into an employment plan, or failing to successfully follow an employment plan’s substance use disorder treatment requirements, makes an applicant ineligible for cash assistance under the Family Employment Program and for reapplication for cash assistance for 90 days after a first occurrence within one year, or for one year after a second occurrence within one year H.B. 254 – Controlled Substances This bill amends the definition of a controlled substance analog to allow proof that the substance is Amendments Rep. Gage Froerer chemically substantially similar to a controlled substance, without requiring proof of the effect of the substance by the expert testimony of a pharmacologist; adds benzylpiperazine (similar to amphetamine in its effects, acts as a stimulant in humans and produces euphoria, youth/young adults are main abusers, high abuse potential and lack of accepted medical use or safety) to Schedule I of the controlled substances list; and adds AM-2201, RCS-4, JWH-210, and JWH-203 (substances found in “spice” and “bath salts”) to the list of listed controlled substances. H.B. 257 – Controlled Substance This bill prohibits unauthorized use of the controlled substance database as a means of obtaining Database Amendments information from other states or a federal drug monitoring program; provides for the designation by a Rep. Brad Daw practitioner of persons who are employed by the same business as the practitioner to gain access to the database at the request of the practitioner; and provides a procedure for an emergency room employee to look up information in the database for a practitioner who is treating an emergency room patient. H.B. 306 – Disposal of Unused This bill enacts a requirement that the Division of Occupational and Professional Licensing allow a Prescription Drugs Rep. Brad Daw pharmacy to take back unused prescription drugs if the federal rules permit a pharmacy take back program; and requires the Division to enact administrative rules regarding unused drug take back programs once federal rules related to drug take back programs are published. H.B. 434 – Pharmacy Practice Act This bill amends the definition of a pharmacy preceptor; and amends provisions related to a prescribing Modifications Rep. Evan Vickers practitioner providing sample drugs to a patient. The bill prohibits a practitioner from giving out drug samples to supply the immediate needs of a patient that are Schedule II drugs, opioids, or Benzodiazepines; and prohibits giving out drug samples of controlled substances or non-controlled substances to patients in excess of a 30-day supply, unless the prescribing practitioner documents that providing more than a 30-day supply is medically necessary.
Appropriations:
Drug Offender Reform Act (DORA) - $3,479,000 ongoing for FY 2013 ($888,100 to Corrections; $2,590,900 to Division of Substance Abuse and Mental Health) and $100,000 supplemental to DSAMH one-time for FY 2012 (Salt Lake County)
2011 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary S.B. 28 - Alcohol or Drug Related This bill amends the administrative suspension periods for certain alcohol related offenses; amends the Offense Amendments Sen. Scott driver license suspension period for a person convicted of certain alcohol or drug related offenses; and Jenkins provides that a court may shorten a person’s driver license suspension period for certain alcohol or drug related offenses prior to the completion of the suspension period if the person completes certain requirements. S.B. 61 - Education for Prescribing This bill requires a medical practitioner applying for a new or renewed controlled substance license to Controlled Substances Sen. take four hours of controlled substance prescribing classes each licensing period; requires the Division Patricia Jones of Occupational and Professional Licensing, in consultation with the Utah Medical Association and the applicable practitioner licensing boards, to establish educational content of controlled substance prescribing classes to help establish safe and effective practices for prescribing controlled substances, which may include opioid narcotics, hypnotic depressants, and psychostimulants; and provides that any controlled substance prescribing class required under this bill does not increase the total continuing professional education requirements for prescriber licensing. S.B. 248 - Controlled Substance This bill authorizes certain licensed physicians to access the controlled substance database for the Database Amendments Sen. Curtis purpose of reviewing a patient’s request for workers’ compensation benefits. Bramble H.B. 15 - Controlled Substance This bill provides that an individual who is not a veterinarian, who obtains a new license to prescribe a Database – Licensing Amendments controlled substance, shall, within 30 days after the day on which the individual obtains a license to Rep. Brad Daw prescribe a controlled substance from the Drug Enforcement Administration, register with the division (DOPL) to use the Controlled Substance Database; and reinstates authority of the Division of Occupational and Professional Licensing to take administrative action, under the Pharmacy Practice Act, for a violation of the Controlled Substance Database Act. H.B. 23 - Controlled Substance This bill expands the definition of a controlled substance to include a list of synthetic equivalent Modifications Rep. Gage Froerer cannabinoid substances and their analogs and homologs found in products commonly referred to as “spice”; expands the definition of a controlled substance to include substances and their analogs and homologs found in products referred to as “bath salts”; clarifies that the tetrahydrocannabinols in Schedule I of the Utah Controlled Substances Act include those both naturally and synthetically derived; provides that it is an affirmative defense that the person produced, possessed or administered any of these listed substances if the person: was engaged in medical research, and was a holder of a license to possess controlled substances for research; authorizes the Controlled Substances Advisory Committee to recommend placement of a substance on a controlled substance list if it finds that the substance has a potential for abuse and that an accepted standard has not been established for safe use in treatment for medical purposes; adds “spice” to the driver license provisions regarding driving under the influence; and provides that a legislative body of a political subdivision may not enact an ordinance that is less restrictive than any provision of the Utah Controlled Substances Act. H.B. 192 - Controlled Substances This bill adds two members to the Controlled Substances Advisory Committee: one advanced practice Advisory Committee Amendments registered nurse, and one representative of the public; and amends the quorum requirements to reflect Rep. Paul Ray the membership changes. H.B. 232 - Drug Paraphernalia This bill provides that a person may not be charged with distribution of hypodermic syringes as drug Definition Amendments Rep. Evan paraphernalia if at the time of sale or distribution the syringes are in a sterile package and are to be Vickers used for a legitimate medical purpose, including: injection of prescription medications as prescribed by a practitioner, and the prevention of disease transmission; and provides that a person may not be charged with possession of hypodermic syringes as drug paraphernalia if the syringe is unused and is in a sterile package. H.B. 241 - Clean Out the Medicine This bill designates that the month of April shall be commemorated annually as Clean Out the Medicine Cabinet Month Designation Rep. Cabinet Month in Utah. Michael Morley H.B. 358 - Access to Controlled This bill provides controlled substance database access to employees of the Office of Internal Audit and Substance Database Revisions Program Integrity within the Department of Health who are engaged in their specified duty of ensuring Rep. Steve Eliason Medicaid program integrity. H.C.R. 5 - Patient and Safety- This concurrent resolution of the Legislature and the Governor urges individuals to assume primary Centered Prescription Labels responsibility for the proper and safe use, storage, and disposal of any drug prescribed to them, and to Concurrent Resolution Rep. Marie encourage their dispensers to provide adequate instruction on how to fulfill those responsibilities; urges Poulson the Utah Pharmacy Board, the Utah Pharmacists Association, and other related groups to meet regularly during 2011 to develop a prescription label format that is patient and safety-centered; urges the Utah Pharmacy Board and the Utah Pharmacists Association to provide project updates and present the improved prescription label format to the Legislature’s Health and Human Services Interim Committee; and urges federal, state, and local agencies to continue working to reduce prescription drug misuse, addiction and drug-related death, to develop campaigns to educate the public about the dangers of prescription drug misuse, to promote the proper disposal of partially used or expired prescriptions, to continue developing drop-off sites and other secure and environmentally friendly methods for disposing of unused prescription drugs, and to continue promoting the availability and use of programs that treat prescription drug addiction. H.J.R. 24 - Master Study Study Items Possibly Within USAAV Scope: Resolution Rep. Brad Dee 101. Controlled Substance Database – to study the feasibility of allowing doctors and pharmacists to add notes on a patient to the controlled substances database. 121. Prescription Drug Misuse – to study prescription drug misuse and abuse, its impact on the state, and methods to reduce negative impacts.
Appropriations
Drug Offender Reform Act (DORA) - $2,979,000 ongoing ($2,039,400 to DSAMH; $888,100 to Corrections; $51,500 to Courts)
2010 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 13 – Drug Law Definitions – This bill amends the Utah Controlled Substances Act, the Utah Medical Practice Act, the Pharmacy Practice Amendments Act, the Utah Osteopathic Medical Practice Act, and the Naturopathic Physician Practice Act to provide Rep. Trisha consistency in the use of definitions, including those for “prescribe,” “prescription device,” and “drug.” H.B. 23 – Workplace Drug and This bill modifies terminology; clarifies effect of complying with the chapter; requires certain confirmation Alcohol Testing Rep. Trisha Beck testing to be done by a certified laboratory; addresses grounds for employer action; and addresses presumptions in applying employer protections from liability. H.B. 28 – Controlled Substance This bill recodifies provisions relating to the Controlled Substance Database into a new chapter known as Database Amendments the Controlled Substance Database Act; modifies provisions relating to accessing database information for Rep. Brad Daw certain legal proceedings; requires an individual, other than a veterinarian, who is licensed to prescribe a controlled substance, who is applying for a license, or who is renewing a license to: register to use the database, and take a tutorial and pass a test relating to the database and the prescribing of controlled substances; requires the division to impose an annual database registration fee on an individual who registers to use the database, to pay the startup and ongoing costs of the division for complying with the requirements of the preceding paragraph; describes the penalties that may be imposed by the Division of Occupational and Professional Licensing (DOPL) on an individual who fails to comply with the requirements described in the preceding paragraph; requires DOPL to develop an online tutorial and test relating to the use of the database and the prescribing of a controlled substance; requires DOPL to impose a fee on an individual who takes the test described in this bill to pay the costs incurred by DOPL to fulfill the requirements described in this bill; and grants rulemaking authority to DOPL. H.B. 35 – Controlled Substance This bill requires that, when a person who is 12 years of age or older is admitted to a general acute hospital Database – Reporting of for poisoning by, or overdose of, a prescribed controlled substance, the general acute hospital must report Prescribed Controlled Substance the poisoning or overdose, and other information, to the Division of Occupational and Professional Overdose or Poisoning Licensing (DOPL); requires that, when DOPL receives a report described in the preceding paragraph, DOPL Rep. Brad Daw must notify each practitioner who may have written a prescription for the controlled substance of the poisoning or overdose and certain information relating to the poisoning or overdose; and requires the division to increase the licensing fee for manufacturing, producing, distributing, dispensing, administering, or conducting research, to pay the startup and ongoing costs of the division for complying with the requirements of the preceding paragraph. H.B. 36 – Controlled Substance This bill requires a court to report certain information to the Division of Occupational and Professional Database – Reporting Licensing (DOPL) when a person is convicted of driving under the influence or of impaired driving, if there is Convictions for Driving Under evidence that the person’s driving was under the influence of, or impaired by, a prescribed controlled the Influence or Impaired substance; requires that, when DOPL receives a report described in the preceding paragraph, DOPL must Driving Rep. Brad Daw notify each practitioner who may have written a prescription for the controlled substance of the conviction and certain information relating to the conviction; and requires DOPL to increase the licensing fee for manufacturing, producing, distributing, dispensing, administering, or conducting research to pay the startup and ongoing costs of DOPL for complying with the requirements of the preceding paragraph. H.B. 38 – Scheduling of This bill creates the Controlled Substances Advisory Committee; establishes the membership of the Controlled Substances committee; creates the role of the committee as an advisory body regarding placing substances in the Rep. Paul Ray statutory schedule of controlled substances, changing the schedule of a substance, or removing a substance from the schedules; and provides guidelines for determining if a substance should be scheduled and in which schedule to place a substance H.B. 186 – Controlled Substance This bill permits employees of the Department of Health to have access to information in the controlled Database Revisions substance database in relation to a person whom the Department of Health suspects may be improperly Rep. Ronda Menlove obtaining or providing a controlled substance. H.B. 225 – Counterfeit Substance This bill amends the definition of “counterfeit controlled substance,” including adding a reasonable person Amendments standard; and amends the definition of “imitation controlled substance,” including providing that an Rep. Paul Ray imitation controlled substance resembles any legally or illegally manufactured controlled substance. H.B. 337 – Uniform Driver This bill provides that a court is not required to forward to the division within 10 days a record of the License Act Amendments Rep. conviction for certain drug-related offenses and provides that the Driver License Division is not required to Rebecca Lockhart suspend a person’s license for certain drug-related offenses if: the violation did not involve a motor vehicle, and the convicted person is participating in or has successfully completed substance abuse treatment at a licensed substance abuse treatment program that is approved by the Division of Substance Abuse and Mental Health or probation through the Department of Corrections Adult Probation and Parole; provides that if the person fails to comply with the terms of the substance abuse treatment program or the terms of probation: the substance abuse treatment program or the Department of Corrections Adult Probation and Parole shall provide an affidavit or other sworn information to the court notifying the court that the person has failed, the court shall immediately forward an abstract of the court record of the conviction to the Driver License Division, and the Driver License Division shall immediately suspend the person’s license. (See H.C.R. 15) H.B. 409 – Civil Action for This bill provides that the estate of a person who becomes addicted to an illegal controlled substance may Damages Related to Addiction bring a civil action against any person who illegally provided or administered the substance, and against from Illegal Drug Sale any person who illegally provided the substance to any person in the direct chain of supply of providing the Rep. Christopher Herrod substance to the person who provided the substance to the addicted person; and provides for treble damages, punitive damages, and costs of addiction treatment or rehabilitation. H.C.R. 15 – Resolution to the This resolution expresses the Legislature’s and the Governor’s opposition to a federal requirement that the Secretary of Transportation on state pass a law requiring revocation or suspension of a person’s driver license for any drug-related Revocation of Driver Licenses offense; and expresses the Legislature’s and the Governor’s determination that Utah will enforce its own Rep. Rebecca Lockhart law, which provides that persons convicted of certain drug-related offenses will not have their driver licenses revoked if: the violation did not involve a motor vehicle, and the convicted person is participating in or has successfully completed substance abuse treatment at a licensed substance abuse treatment program that is approved by the Division of Substance Abuse and Mental Health or is participating in or has successfully completed probation through the Department of Corrections Adult Probation and Parole. (See H.B. 337) S.B. 13 – State Construction This bill requires that a state construction contract impose requirements related to drug and alcohol Contracts and Drug and Alcohol testing; addresses penalties; clarifies that monitoring activities are not required of the state; provides that Testing Sen. Karen Mayne the state is not liable in actions related to drug and alcohol testing; provides exemptions; and addresses the scope of the provision. S.C.R. 2 – Reducing Prescription This resolution urges various groups to take specific steps to: improve the effectiveness of education and Drug Misuse Resolution risk assessment before a prescription is issued; improve the effectiveness of disposal and monitoring of use Sen. Patricia Jones after a prescription is issued; and increase the availability and use of treatment programs. S.J.R. 15 – Master Study Possibly Related Study items: Resolution Sen. Scott Jenkins 162. Prescription Abuse – to study issues related to prescription drug and substance abuse.
2009 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 26 – Child and Vulnerable This bill: defines terms; provides that a person who knowingly or intentionally causes or permits a child or a Adult Endangerment vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical Provisions Rep. Mike Morley substance, or drug paraphernalia is: guilty of a third degree felony; guilty of a second degree felony, if, as a result of the conduct described above, a child or vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury; or guilty of a first degree felony, if, as a result of the conduct described above, a child or vulnerable adult dies; provides an affirmative defense to the crime described above, if the controlled substance is obtained by lawful prescription; and provides that the penalties described in this bill are separate from, and in addition to, the penalties and enhancements described in Title 58, Occupations and Professions. H.B. 106 – Controlled This bill: defines terms; expands the purposes for which a practitioner or pharmacist may access information Substance Database on the controlled substance database; grants access to the controlled substance database to a mental health Amendments Rep. Brad Daw therapist under certain circumstances; permits a practitioner to designate up to three employees, subject to approval by the Division of Occupational and Professional Licensing, who can access the controlled substance database on the practitioner’s behalf; provides that a practitioner, or an employee of the practitioner, who obtains information from the controlled substance database may include the information in the patient’s medical chart or file and may provide the information to others in accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996; grants rulemaking authority to the Division of Occupational and Professional Licensing; permits the Division of Occupational and Professional Licensing to impose a fee on practitioners who designate an employee to access the controlled substance database, in order to recover the cost of determining whether the employee is a security risk; provides that a person who is a licensed practitioner or a mental health therapist shall be denied access to the database when the person is no longer licensed; and provides that a person who is a relative of a deceased individual is not entitled to access information from the database relating to the deceased individual based on the fact or claim that the person is related to, or subrogated to the rights of, the deceased individual. H.B. 128 – Electronic This bill: defines terms; requires a practitioner to provide each existing patient of the practitioner with the Prescribing Act Rep. Ronda option to participate in electronic prescribing, if the practitioner prescribes a drug or device for the patient Menlove on or after July 1, 2012; provides that a practitioner may not issue a prescription through electronic prescribing for a drug or device that the practitioner is prohibited by federal law or federal rule from issuing through electronic prescribing; requires a pharmacy to accept and comply with an electronic prescription that is transmitted in accordance with the requirements of this section and rules made by the Division of Occupational and Professional Licensing; and grants rulemaking authority to the Division of Occupational and Professional Licensing to: enforce the provisions of this bill; ensure that electronic prescribing is done in a secure manner, consistent with industry standards; ensure that each patient is fully informed of the patient’s rights, restrictions, and obligations pertaining to electronic prescribing; and grant a hardship exemption to a pharmacy or practitioner, to the extent that the requirements of this bill would impose an extreme financial hardship on the pharmacy or the practitioner H.J.R. 21 – Master Study Related Study Items: Resolution Rep. Kevin Garn 72. Hospital Admissions Related to Drug Overdose – to study the best way to report and track hospital admissions for drug overdose. 77. Prescription Drug Disposal – to study ways to expand current efforts to properly dispose of unused over- the-counter and prescription drugs and how to facilitate, as a method of disposal, a reverse distribution process pharmacists use for returning drugs to manufacturers. 104. Illegal Prescription Drug Use – to study illegal possession of prescription drugs, including drugs obtained by mail or the Internet without a valid prescription. S.B. 12 – DUI Amendments This bill: defines driving under the influence court; provides that certain reports issued by the Driver License Sen. Sheldon Killpack Division may not contain evidence of an impaired driving conviction if the reporting court notifies the Driver License Division that the defendant is participating in or has completed the program of a driving under the influence court with exception for a CDL license holder or a violation that occurred in a commercial vehicle; provides that if an impaired driving conviction is amended to a driving under the influence conviction in certain circumstances, the Driver License Division shall start the applicable suspension or revocation on the date of the amended conviction and may not subtract any time for which the license was previously suspended or revoked; requires the Driver License Division to reinstate a person’s driver license prior to completion of a certain 90-day suspension period immediately upon receiving written verification of the person’s conviction of impaired driving if: the written verification is received prior to completion of the suspension period; and the reporting court notifies the Driver License Division that the defendant is participating in or has successfully completed the program of a driving under the influence court. S.B. 116 – Criminal Penalty This bill: provides that the definition of a conviction, for purposes of certain driving under the influence Amendments Sen. Daniel provisions, only includes convictions arising from a separate episode of driving; clarifies that a person is guilty Liljenquist of a separate offense for each victim suffering bodily injury, serious bodily injury, or death as a result of the person’s violation of the driving under the influence or automobile homicide provisions whether or not the injuries arise from the same episode of driving; and clarifies that a person is guilty of a separate offense for each victim suffering serious bodily injury or death as a result of the person’s violation of the prohibition on driving a vehicle in a negligent manner and having a measurable amount of a controlled substance in the person’s body whether or not the injuries arise from the same episode of driving. S.B. 147 – Driver License This bill: provides that the Driver License Division may extend to a person a limited driving privilege to and Revisions Sen. Lyle Hillyard from the person’s place of employment when the person’s original denial, suspension, revocation, or disqualification involved certain driving under the influence offenses if: the person has had the period of the first denial, suspension, revocation, or disqualification extended for a period of at least three years; the Driver License Division receives written verification from a person’s primary care physician that to the physician’s knowledge the person has not used any narcotic drug or other controlled substance except as prescribed by a licensed medical practitioner within the last three years and that the physician is not aware of any physical, emotional, or mental impairment that would affect the person’s ability to operate a motor vehicle safely; for a period of one year prior to the date of the request for a limited driving privilege the person has not been convicted of a violation of any motor vehicle law in which the person was the operator of the vehicle or the Driver License Division has not received a report of an arrest for a violation of any motor vehicle law or a report of an accident in which the person was involved as an operator of the vehicle; and that the discretionary privilege authorized is limited to when the limited privilege is necessary for the person to commute to school or work and may be granted only once during certain periods. S.B. 272 – Driver License This bill: increases the driver license suspension periods for certain driving under the influence offenses Sanctions and Sentencing committed on or after July 1, 2009: from a period of 90 days to 120 days for a person 21 years of age or older Requirements for Driving on the date of arrest who has violated certain driving under the influence or alcohol related offenses for the Under the Influence and first time; from a period of one year to two years for a person 21 years of age or older on the date of arrest Alcohol Related Offenses Sen. who has violated certain driving under the influence or alcohol related offenses two or more times; from a Scott Jenkins period of 24 months to a period of 36 months for a person who is 21 years of age or older, who refuses to submit to a chemical test, and who has a previous license sanction for certain alcohol related offenses; from a period of 90 days to until the person is 21 years of age or for a period of 120 days, whichever is longer, for a person under 21 years of age on the date of arrest who has violated certain driving under the influence provisions for the first time; from a period of one year to until the person is 21 years of age or for a period of two years, whichever is longer, for a person under 21 years of age on the date of arrest who has violated certain driving under the influence provisions two or more times; from a period of 18 months to until the person is 21 years of age or for a period of 18 months, whichever is longer, for a person who is under 21 years of age and who refuses to submit to a chemical test; and from a period of 24 months to until the person is 21 years of age or for a period of 36 months, whichever is longer, for a person who is under 21 years of age who refuses to submit to a chemical test, and who has a previous license sanction for certain alcohol related offenses; provides that a person is an interlock restricted driver if the person, within the last 18 months, has been convicted of a driving under the influence violation; requires a court to order a minor’s driver license suspended for a period of one year if the minor violates certain alcohol related offenses for the first time and the violation was committed on or after July 1, 2009; provides that a court may reduce a minor’s license suspension for certain alcohol related offenses if the violation is the minor’s first violation and the minor completes an educational series; requires a court to order a minor’s driver license suspended for a period of two years for a second or subsequent violation of certain alcohol related offenses and the violation was committed on or after July 1, 2009; and provides that for a second or subsequent violation of certain alcohol related offenses, a court shall order a minor to participate in an educational series and may order a minor to participate in a screening. S.B. 202 – Drug Offender This bill: requires the Utah Substance Abuse and Anti-Violence Coordinating Council to coordinate the Reform Act Amendments Sen. implementation of provisions of the Drug Offender Reform Act in specified areas as funding allows; provides Lyle Hillyard that the Utah Substance Abuse and Anti-Violence Coordinating Council is to designate which local substance abuse authorities are to receive funding to implement the Drug Offender Reform Act; provides that on and after July 1, 2009, offenders who are convicted of a felony offense in courts located within the designated local substance abuse authority areas shall participate in a substance abuse screening as funding allows, may participate in an assessment if indicated, and may also participate in substance abuse treatment if indicated; deletes the provisions requiring screening and assessment prior to parole; and requires annual progress reports to the Legislature regarding the implementation, impact, and results of the Drug Offender Reform Act.
2008 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 12 – Controlled This bill: specifies that a plea in abeyance for the offense of production or distribution of a controlled Substances and Paraphernalia substance is considered to be a conviction for sentencing enhancement purposes; amends language regarding Rep. Curtis Oda items used to ingest or inhale controlled substances so the language refers to all controlled substances, rather than specifically marijuana, cocaine, and hashish; and clarifies that a person may be charged for an illegal drug or paraphernalia offense and may also be charged for a violation of any other section of the Controlled Substances Act or the Drug Paraphernalia Act. H.B. 119 – Controlled This bill: defines terms; provides for education of the public regarding the controlled substance database; Substance Database makes it a third degree felony to obtain or attempt to obtain information from the controlled substance Amendments Rep. Brad Daw database for a purpose other than a purpose authorized by statute or rule; prohibits access to, and use of, identifying information in the controlled substance database by discovery, subpoena, or similar process in certain civil, judicial, administrative, or legislative proceedings; establishes a pilot program, beginning on July 1, 2008, and ending on July 1, 2010, for real-time reporting of, and access to, controlled substance database information by pharmacies, pharmaceutical facilities, and prescribing practitioners; grants rulemaking authority to the Division of Occupational and Professional Licensing in relation to the pilot program; requires the Division of Occupational and Professional Licensing to report on the pilot program and the advisability and cost of implementing the pilot program on a statewide basis and the use of the controlled substance database by prescribing practitioners; and requires the Division of Occupational and Professional Licensing to implement the pilot program established in this bill on a statewide basis on or before July 1, 2010. This bill appropriates $175,000 as an ongoing appropriation from the General Fund, for fiscal year 2008-09, to the Division of Occupational and Professional Licensing; and $650,000 from the General Fund, for fiscal year 2008- 09 only, to the Division of Occupational and Professional Licensing, as non-lapsing funds. H.B. 187 – Death Caused by This bill: provides that the estate of a person who died due to the use of an illegal controlled substance may Illegal Drugs Rep. Christopher bring a civil action against any person who illegally provided or administered the substance, and against any Herrod person who illegally provided the substance to any person in the direct chain of supply of providing the substance to the person who provided the substance to the deceased person; provides an exemption in these actions regarding certain limitations on punitive damages; provides that this bill does not create or impose liability on the parent or guardian of a minor who acts in violation of the provisions of this bill unless the parent or guardian acts in violation of this bill; provides for treble damages; and provides that the burden is on the party bringing the action to establish the causal connection between the illegal controlled substance and the death. H.B. 316 – Substance Abuse This bill: requires a local substance abuse authority to ensure that all substance abuse treatment programs Treatment for Pregnant that receive public funds provide priority for admission to a pregnant woman or a pregnant minor; requires a Women and Pregnant Minors local substance abuse authority to provide a comprehensive referral for interim services to a pregnant woman Rep. Eric Hutchings or pregnant minor that cannot be admitted for substance abuse treatment within 24 hours of the request for admission; and provides that, if a substance abuse treatment program is not able to accept and admit a pregnant woman or pregnant minor within 48 hours of the time that request for admission is made, the local substance abuse authority shall contact the Division of Substance Abuse and Mental Health, which shall assist in providing services to the pregnant woman or pregnant minor. S.B. 15 – Driving Under the This bill: amends definitions; enacts an impaired driving plea; provides that a plea to a driving under the Influence Amendments Sen. influence violation for an offense committed after July 1, 2008 may be entered as an impaired driving Carlene Walker conviction in certain circumstances; provides that an impaired driving violation is a class B misdemeanor; provides requirements for a court entering a conviction of impaired driving in certain circumstances; requires the court to notify the Driver License Division of an impaired driving conviction; provides sentencing requirements for impaired driving convictions; provides that certain plea requirements when the prosecution agrees to a plea of guilty or no contest to an alcohol or drug-related reckless charge in satisfaction or substitute of an original charge of driving under the influence only apply to an offense committed before July 1, 2008; clarifies that certain license reinstatement provisions only apply to a certain 90 day suspension period imposed by the Driver License Division; and increases the administrative impound fee for a driving under the influence violation impound. This bill appropriates as an ongoing appropriation subject to future budget constraints, $660,000 from the General Fund for fiscal year 2008-09 to the Department of Public Safety, Utah Highway Patrol; and as an ongoing appropriation subject to future budget constraints, $660,000 from the General Fund for fiscal year 2008-09 to the Department of Public Safety, Liquor Law Enforcement Program. S.J.R. 11 – Master Study Related Study Items: Resolution Sen. Curtis 90. Drug Overdose and DUI Reporting and Controlled Substances Monitoring – to study the feasibility and Bramble impact of requiring hospitals to report admissions for drug overdoses to the Department of Health and to the prescribing health care practitioner; creating a process for developing better practice protocols for prescribing controlled substances and monitoring patient use; and exploring the feasibility of having law enforcement or the courts report arrests or convictions for driving under the influence of a prescribed controlled substance to the health care practitioner who prescribed the controlled substance. 109. Prescription Overdose – to study the impact of unintended overdoses from prescription drugs. 130. Controlled Substances – to study issues related to controlled substances, including SUDA controls (H.B. 267).
2007 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 137 – Pain Medication This bill requires the Utah Department of Health to coordinate with the Utah attorney general, the Labor Management and Education Commission, and the Division of Occupational and Professional Licensure to: investigate causes and risk Rep. Brad Daw factors and solutions for deaths and nonfatal complications of prescription opiate use and misuse in Utah by using the Utah Controlled Substance Database; study risks associated with prescription opiate medications used for chronic pain; and educate health care providers, patients, insurers, and the general public on the appropriate management of pain; requires the department to report to the legislative Health and Human Services Interim Committee and the legislative Business and Labor Interim Committee no later than the November meetings in 2007 and 2008 and present its recommendations on: the use of the Utah Controlled Substances Database to identify and prevent misuse of opiates, inappropriate prescribing, and adverse outcomes of prescription opiate medications; interventions to prevent the diversion of prescription opiate medications; and medical treatment and quality care guidelines. The bill appropriates $150,000 to the Department of Health for FY 2007-08 and $150,000 for FY 2008-09. H.B. 231 – Controlled This bill amends the current crime of committing drug offenses in the “immediate presence” of persons Substances Penalty younger than 18 to remove the word “immediate”; removes public parking lots or structures from the list of Amendments Rep. Wayne areas; and adds libraries to the list of areas. Harper H.B. 302 – Medical Examiner This bill requires the medical examiner to endeavor to have tests conducted, for the presence of certain drugs Testing for Substances in or other substances, on a sample taken from the body of a deceased person who is suspected to have Cases of Suspected Suicide committed suicide; requires the medical examiner to maintain information regarding the types of drugs Rep. Wayne Harper detected in the tests; requires the Department of Health to present a report regarding the information maintained under this bill to the Health and Human Services Committee, on an annual basis, beginning in 2008; and requires that, within funds appropriated by the Legislature, the medical examiner shall provide compensation, at a standard rate determined by the medical examiner, to a deputy medical examiner who collects samples for the purposes described in this bill. H.J.R. 14 – Master Study Item 130. Consumption of Alcohol or Drugs When Pregnant – to study options, including voluntary and Resolution Rep. David Clark involuntary treatment, and adding consumption of alcohol or drugs when pregnant to the definition of child neglect. S.B. 4 – Driving Under the This bill clarifies the application of the ten-year look back period for felony driving under the influence Influence Amendments Sen. violations; amends the definition of alcohol restricted driver; provides that a court shall order an ignition Carlene Walker interlock system as a condition of probation for an alcohol restricted driver violation or describe why the order would not be appropriate; increases the fee for a license reinstatement application for an alcohol or drug-related offense; increases the administrative fee for license reinstatement after an alcohol or drug- related offense and increases the amount of revenue generated by the administrative fee that is deposited in the State Laboratory Drug Testing restricted account; provides that the Driver License Division shall deny, suspend, disqualify, or revoke a person’s license for certain violations; requires the Driver License Division to reinstate a person’s license if the person’s charges for certain violations are reduced or dismissed within the suspension period; and requires the Driver License Division to immediately revoke, deny, suspend, or disqualify a person’s driver license upon receiving record of a person’s conviction for operating a vehicle without an ignition interlock system if the person is an interlock restricted driver. S.B. 50 – Drug Offenders This bill requires the Utah Substance Abuse and Anti-Violence Coordinating Council to coordinate and Reform Act Sen. Chris Buttars evaluate the implementation of the screening and assessment program; requires that on and after July 1, 2007, offenders convicted of any felony offense participate in the screening and assessment process; and requires that the results of any screening and assessment of an offender be provided to the court prior to sentencing. Appropriates $8 million for FY 2007-08 as follows: $24,000 to the Commission on Criminal and Juvenile Justice; $3,039,600 to the Department of Corrections; $4,850,000 to the Department of Human Services; $50,400 to the Administrative Office of the Courts; and $36,000 to the Board of Pardons and Parole. Appropriations are intended to be ongoing and non-lapsing.
Appropriations:
Drug Offender Reform Act: $8,000,000 for FY 2008; $9,000,000 for FY 2009 ongoing Drug Courts: $2,000,000 ($1 million ongoing, $1 million one-time)
2006 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary S.B. 18 – Driving Under the Prohibits an interlock restricted driver from operating or being in actual physical control of a vehicle without Influence Amendments Sen. an ignition interlock system. Provides penalties for operation without an ignition interlock system. Provides Carlene Walker an affirmative defense for an ignition interlock system violation. Repeals the requirement that a person's driver license be coded if the person is required to use an ignition interlock system. Requires a peace officer to warn a person that has been placed under arrest for refusing to submit to a chemical test for alcohol or drugs that a refusal may result in a three-year prohibition of driving without an ignition interlock device. Provides that a peace officer shall impound a vehicle if the peace officer cites a person for an ignition interlock system violation. Extends the repeal of restrictions on pleas to driving under the influence violations from June 30, 2006 to June 30, 2008. Repeals the provision that prohibits a plea in abeyance to a driving under the influence violation beginning on July 1, 2006. Prohibits a plea in abeyance to a driving under the influence violation beginning on July 1, 2008. Amends restrictions on pleas to driving under the influence violations. S.B.185 – Drug Offender Amends the Drug Offender Reform Pilot Study to require screening and assessment for all felony offenders Reform Act Amendments Sen. within the jurisdiction of the pilot project, rather than only those felony offenders convicted of a violation of Sheldon Killpack the Controlled Substance Act.
Appropriations:
DORA: $647,000 to the Department of Human Services and $251,000 to the Department of Corrections
2005 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary S.B. 50- Controlled Substance This bill amends the Pharmacy Practice Act and the Controlled Substances Act to repeal the Controlled Amendments Substance Database Advisory Committee and assign the committee’s duties to the State Board of Pharmacy. Sen. David Thomas This bill allows authorized employees of the Department of Health access to the controlled substance database for scientific studies. This bill also allows the division to authorize by rule a prescriber’s use of an electronic or digital signature in issuing prescriptions. This bill requires that Department of Health employees having access to the controlled substance database maintain the confidentiality of persons and pharmacies in the database. S.B. 135 – Drug courts Pilot This bill allows for the creation of drug courts in any judicial district, and the creation of a Drug Board Pilot Project Project in Davis and Weber counties for intensive substance abuse treatment for parolees. This bill sets out Sen. Lyle Hillyard participant screening criteria and requires participation by the Board of Pardons and Parole. This bill codifies previously passed, uncodified legislation. H.B. 55 – Drug offense This bill amends controlled substances laws to provide increased penalties for possession offenses committed Penalty Enhancements subsequent to an offense involving distribution or manufacturing of a controlled substance. This bill provides Rep. Brad Dee that a first offense involving unlawful possession of a controlled substance is to be sentenced with the increased penalty for a second offense if the defendant has previously committed an offense involving unlawful distribution or manufacturing of a controlled substance. H.B. 311 – Controlled This bill provides a definition of the term “consumption” as it relates to possession of a controlled substance. substance Law Amendments This bill defines consumption of a controlled substance as having any measurable amount of a controlled Rep. Brad Dee substance in a person’s body and clarifies that controlled substance does not include the metabolite of a controlled substance; and provides that a person who is found to be driving with any measurable controlled substance in the body is subject to conviction and sentencing under the relevant DUI law and controlled substance law. H.J.R. 20 – Master Study Item 96. Substance Abuse Impact – to study the impact of substance abuse on all state departments, families, Resolution businesses, and society, and how best to address the problem. Rep. Jeff Alexander S.B. 1004 – Drug Offender This bill amends provisions regarding the Utah Substance Abuse and Anti-Violence Coordinating Council and Reform Act – Pilot Program the Code of Criminal Procedure to implement the Drug Offender Reform Pilot Study, a pilot program in Salt Sen. Sheldon Killpack Lake County regarding substance abuse screening, assessment, and treatment for felony offenders charged with controlled substance offenses.
2004 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 34 S1 – Unlawful Controlled Adds an additional year (up to five) for violation of the controlled substance laws within a correctional Substances in Correctional Facilities facility or its grounds. Makes contraband tobacco a Class A misdemeanor. Requires DOC to post a Rep. Christensen written notice to visitors. S.B. 20S1 - Driving Under the Provides for DUI plea in abeyance for certain cases until June 30, 2006. Requires the offender to enter Influence Amendments Sen. Walker a treatment incentive program. Allows plea in abeyance to be counted as a conviction for purposes of enhancing any future DUI’s. Prohibits expungement for auto homicide and felony DUI and requires a 10-year look-back period. SB 125 – Confidentiality of Drug Requires disclosure to DOPL of results from employee drug tests for purposes of licensure actions Testing Sen. Julander
2003 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary S.B. 13 – DUI Plea Restrictions This act requires courts and prosecutors to have detailed knowledge of multiple DUI convictions prior to a Sen. Chris Buttars guilty plea. The act prohibits courts from accepting DUI “guilty” or “no contest” pleas unless the court receives verification rom a law enforcement agency that the defendant’s driver license record contains no record of a conviction, arrest, or charge for more than one prior DUI violation within the ten previous years, and the prosecutor agrees to the plea. S.B. 53 – Amendments to the This act modifies the Controlled Substance Act by prohibiting the refill of a Schedule II controlled substance, Controlled Substances Act adds dichloralphenazone under Schedule IV, reschedules buprenorphine to Schedule III, and provides that Sen. Peter Knudson gamma hydroxyl butyrate (GHB) that is used in an FDA-approved formulation is in Schedule III. This act also provides that specified penalties under the Controlled Substance Act are to be deposited as dedicated credits to be used for the operating costs of the Controlled Substance Database. H.B. 32 – Vehicle Impound Fee This act modifies the Motor Vehicles Code by allowing a waiver or refund for the $200 DUI administrative for Driving Under the impound fee if written evidence is presented to the State Tax Commission that the Driver License Division did Influence Cases Rep. Joe not suspend or revoke the person’s driver license or that the vehicle was stolen. This act increases the Murray administrative impound fee to $230 and increases current distributions to the Motor Vehicle Division, the Department of Public Safety, and the General Fund proportionately. H.B. 94 – Utah Controlled This act modifies the Clandestine Drug Lab Act to include the offense of preparing a substance or packaging a Substances – Extraction substance with the intent that the substance be used in the manufacture of specified illegal controlled Reduction Labs substances.
2002 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 4 - Motorboating and Combines driving under the influence provisions with boating under the influence provisions, including Boating Under the Influence driver licensing sanctions for boating under the influence violations. Prohibits a motorboat driver from Provisions Rep. Loraine Pace drinking or having an open container in a motorboat but exempts passengers from these requirements. The administrative impound fee after a DUI in a motorboat is increased from $25 to $200, the same as for motor vehicles. H.B. 17 – Multiple Driving Under Clarifies the types of convictions that are considered prior convictions by a court in a DUI case and in a the Influence Offenses Rep. driver license suspension proceeding. A conviction for driving under the influence of drugs, with a Lamont Tyler combination of alcohol and drugs, with any measurable controlled substance that is taken illegally, or any DUI-related offense that has been reduced by a court qualifies as a prior conviction in any subsequent DUI case H.B. 18 – Court Records of Driving Directs state courts to collect and maintain data necessary to allow sentencing and enhancement Under the Influence Cases Rep. decisions to be made in accordance with DUI and reckless driving offenses. Requires the Administrative Lamont Tyler Office of the Courts to report on data collection and DUI related elements to the Judiciary and Transportation Interim Committees before July 31, 2002. H.B. 48 – Local Substance Abuse Clarifies the duties of the Local Substance Abuse Authorities by including providing services (screening and Authority Amendments Rep. Paul assessment, an educational series, and substance abuse treatment) for individuals convicted of driving Ray under the influence of alcohol and/or other drugs; and state that proceeds from the DUI penalties, including funds from the Intoxicated Driver Rehabilitation Account, shall be used to supplement the offender’s payments toward the costs of the services. H.B. 125 – Endangerment of Child This act modifies the Criminal Code to clarify the offense of exposing children and the elderly to chemical or Elder Person with Controlled substances that are to be used in the manufacture of a controlled substance, and providing an affirmative Substance or Precursor defense for administering a controlled substance in accordance with the prescription. Rep. Trisha Beck H.B. 128 – Controlled Substances Specifies that up to three prescriptions for the same Schedule II controlled substance medication may be Act Amendments issued at the same time. Also outlines procedures for more than one prescription. Rep. Eli Anderson H.B. 303 – Expungement of Extends the waiting period for expungement of alcohol or drug-related traffic offenses from six years to Driving Under the Influence ten. Convictions Rep. Duane Bordeaux SB 1 – Appropriations Act It is the intent of the Legislature that the Commission on Criminal and Juvenile Justice study the question Sen. Leonard Blackham of how costs can be reduced by further implementing intermediate sanctions, including drug treatment programs, in lieu of incarceration without compromising public safety. Findings and recommendations are to be reported to the Legislature through progress reports submitted to the Judiciary Interim Committee and the Law Enforcement and Criminal Justice Interim Committee during their October 2002 meetings and to the Executive Offices and Criminal Justice Joint Appropriations Subcommittee during one of its 2003 General Session meetings. S.B. 9 – Amendments to Driving Increases the required hours in a compensatory-service work program, when imposed as an alternative to Under the Influence Sen. Carlene jail on a first DUI conviction, from 24 to 48 hours. States that if probation is ordered for defendants Walker convicted of a felony DUI offense, the probation shall be supervised. Requires the court to notify the Driver License Division if a person fails to complete all court-ordered hours of work in the compensatory- service program.
2001 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary H.B. 113 – Surreptitious Creates the crime of surreptitious administration of a substance. Administration of: a poisonous substance Administration of a Substance is a second degree felony; a controlled substance or prescription drug is a third degree felony; and a Rep. Ron Bigelow deleterious substance or an alcoholic beverage is a class A misdemeanor. Provides an affirmative defense for appropriate administration of prescription drugs. H.B. 122 – Administrative Provides that administrative traffic check points must have the primary purpose of inspecting, verifying or Traffic Checkpoint detecting: Amendments Rep. Dave Ure 1, drivers that may be under the influence of alcohol or drugs 2. license plates, registration certificates, insurance certificates or drivers licenses 3. violations of title 23, Wildlife Resources Code, or 4. other circumstances that are specifically distinguishable by the magistrate (Amended to remove prohibition of posting a sign for admin. Checkpoint unless checkpoint is being operated H.B. 196 – DUI Probation Requires court ordered supervised probation for second or subsequent convictions, high BAC drivers (.16 or Amendments Rep. A. Lamont higher), and for offenders driving with any measurable controlled substance in the person’s body. Tyler H.B. 201 – Revisions to Driving Expands the time period for enhancing a DUI charge based on two or more DUI convictions from six years to Under the Influence Rep. A. ten years. Changes the penalty for a DUI offense to a third-degree felony if the driver has ever been Lamont Tyler convicted of a prior felony DUI offense or a prior automobile homicide offense. Limits the information able to be reported on a person’s driving record to a period of six years. H.B. 353 S1 – Driving Under the Provides an enhanced penalty for DUI offenders if the driver was 21 years of age or older and had passenger Influence Amendments Rep. under 18 years of age in the vehicle. Extends the possible driver’s license suspension period for up to two Paul Ray years. S.B. 56 – Driving Under the Provides that once an offender has been convicted of a felony DUI offense, any subsequent DUI offence is Influence Penalty Amendments also a felony. Sen. Karen Hale
2000 Legislative Session: Summary of Opioid-Related Bills Passed
Bill Number, Title and Sponsor Bill Summary S.B 47 – Driving Under the Provides that in any Driver License Division hearing authorized under Utah Code Title 53, or under Title 41, Influence Provisions Chapter 6, Article 5 – Driving While Intoxicated and Reckless Driving, the division may permit a party or Sen. Scott Howell witness to attend or to testify by telephone or live audiovisual means. S.B. 188 – Protection for Amends penalties for the operation of certain clandestine drug labs. Creates the crime of endangering a child Children and Elderly or elder adult, which prohibits any person from knowingly or intentionally causing or permitting a child or Sen. Pete Suazo elder adult to be at risk of suffering bodily injury from exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance or drug paraphernalia. Penalties range from a third degree felony to a first degree felony, depending on the harm suffered by the child or elder adult. S.J.R. 12 – Master Study Drug and Violence Related Study Items Resolution 186. DUI Suspensions – to study DUI driver license suspensions and reinstatements, including reinstatement Sen. Lyle Hillyard after acquittal. 204. Mandatory Probation – to study mandatory probation for DUI offenders. H.B 128 – Driving Under the Amends the driver license revocation period for a person who refuses to submit to a chemical test for driving Influence Revisions under the influence, from one year to 18 months (or from 18 to 24 months if the person has had a previous Rep Gerry Adair license sanction or conviction after July 1, 1993). H.B. 139 – Utah Controlled Amends the schedules in the Utah Controlled Substances Act to reflect federal changes. Assigns the schedules Substances Act Amendments of many specific opioids. Rep. Patrice Arent H.B. 209 – Driving Under the This bill brings Utah’s repeat DUI offender laws into compliance with TEA-21 (Transportation Equity Act for the Influence Amendments 21st Century) requirements, in order to avoid transfer of highway construction funds. Requires an offender on Rep. Nora Stephens a third or subsequent conviction to obtain a screening and assessment of his/her alcoholic use/abuse; require installation of an ignition interlock system on all vehicles registered to the repeat DUI offender; and, if used as an alternative to jail, requires second time offenders to perform 240 hours of community service. Raises the administrative impound fee from $100 to $200 and requires the deposit of $84 of each impound fee assessed into the DPS Restricted Account; allows funds appropriated by the Legislature for the enforcement of alcohol or drug-related offenses to be used for funding the overtime of peace officers, and managing driving under the influence related abandoned vehicles; and requires individuals with DUI conviction (s) within the last six years to have this information coded on their driver license. H.B. 281 – Drug Courts and Authorizes the expansion of Drug Courts; creates the Drug Board Pilot Project; provides participant screening Drug Board Pilot Project criteria for both drug courts and the drug board; and provides reporting requirements. Rep. John Swallow