Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

NOTICES OF PROPOSED RULES DAR File No. 33638
online prescribers, online contract pharmacies, and Internet
facilitators. (DAR NOTE: S.B. 274 (2010) is found at
Chapter 180, Laws of Utah 2010, and was effective
05/11/2010.)
SUMMARY OF THE RULE OR CHANGE: Section
R156-83-101 establishes the title of the rule. Section
R156-83-102 defines the following terms "active and in good
standing", "licensed in good standing", "submit a copy of the
internet facilitator's website", and "unprofessional conduct".
Section R156-83-103, provides the statutory basis for
establishing the rule. Section R156-83-104 references the
rule section which explains the organization and relationship
between this rule and Rule R156-1. Section R156-83-302
establishes the process by which an Internet facilitator
documents minimum liability insurance. Section
R156-83-303 includes Division model rule language
referencing other Division rules which establish the renewal
cycle for licensees under this chapter. Section R156-83-306
adds five legend, non-controlled drugs that can be prescribed
by a licensed online prescriber. Section R156-83-308
requires Internet facilitators to submit reports to the Division
on a quarterly basis. Section R156-83-502 provides three
additional types of conduct that would be unprofessional and
the basis for administrative disciplinary action.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR
THIS RULE: Section 58-83-101 and Subsection 58-1-106(1)
(a) and Subsection 58-1-202(1)(a)
ANTICIPATED COST OR SAVINGS TO:
♦ THE STATE BUDGET: The Division will incur minimal costs
of approximately $50 to print and distribute the rule once the
proposed amendments are made effective. Also, according
to the fiscal note for S.B. 274, the enactment of the bill will
generate $1,200 in revenue to the General Fund annually.
One FTE (full time employee) and a new board are estimated
to cost $80,800 per year from the Commerce Service Fund.
License fee revenue is estimated at $82,000 per year. There
will be a $40 pass through fee to BCI (Bureau of Criminal
Investigation) to conduct criminal background checks for each
owner, officer, or manager of the applicant online contract
pharmacy.
♦ LOCAL GOVERNMENTS: As was indicated on the fiscal
note for S.B. 274, the regulation of online prescribing will not
likely result in direct, measurable costs and/or benefits for
local governments.
♦ SMALL BUSINESSES: Individuals and businesses that are
eligible for licensure will need to pay the application/renewal
fee for that license. Proposed fees are as follows: 1) online
prescribers: $200/initial application, $183/renewal; 2) online
contract pharmacies: $200/initial application, $183/renewal;
and 3) Internet facilitators: $7,000/initial application,
$7,000/renewal. However, the ability to prescribe online will
allow prescribing practitioners to broaden their patient base
thus increasing the revenue of the practice. This would also
be true for the online contract pharmacy. The Division is
unable to determine how many new applicants to expect in
each of the license classifications, thus precise estimates are
unavailable. The start up costs for an online Internet
facilitator are unknown but would be significant; however,
those who have been involved in online prescription services
have indicated the Internet facilitator is able to recoup their
costs as the client base grows. Again, the Division is unable
to determine precise estimates of those start up costs due to
a wide degree of circumstances.
♦ PERSONS OTHER THAN SMALL BUSINESSES,
BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:
Individuals and businesses that are eligible for licensure will
need to pay the fees for that license as outlined above.
COMPLIANCE COSTS FOR AFFECTED PERSONS:
Individuals and businesses that are eligible for licensure will
need to pay the fees for that license as outlined above.
COMMENTS BY THE DEPARTMENT HEAD ON THE
FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:
This filing adopts a rule to administer the Online Prescribing,
Dispensing, and Facilitation Licensing Act passed in the 2010
Legislative Session. No fiscal impact to businesses is
anticipated beyond those addressed in the passage of the
statute.
THE FULL TEXT OF THIS RULE MAY BE INSPECTED,
DURING REGULAR BUSINESS HOURS, AT:
COMMERCE
OCCUPATIONAL AND PROFESSIONAL
LICENSING
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
or at the Division of Administrative Rules.
DIRECT QUESTIONS REGARDING THIS RULE TO:
♦ Laura Poe by phone at 801-530-6789, by FAX at
801-530-6511, or by Internet E-mail at lpoe@utah.gov
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON
THIS RULE BY SUBMITTING WRITTEN COMMENTS NO
LATER THAN AT 5:00 PM ON 07/01/2010
INTERESTED PERSONS MAY ATTEND A PUBLIC
HEARING REGARDING THIS RULE:
♦ 06/15/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S,
Conference Room 475, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2010
AUTHORIZED BY: Mark Steinagel, Director
R156. Commerce, Occupational and Professional Licensing.
R156-83. Online Prescribing, Dispensing, and Facilitation
Licensing Act Rule.
R156-83-101. Title.
This rule is known as the "Online Prescribing, Dispensing,
and Facilitation Licensing Act".
100 UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11