Medical Waste Amendments

32
26B-4-501
26B-4-516
HB0097
HB0301
26B-4-501 (05/06/26)
26B-4-501
26B-4-516
HB0097
HB0301
26B-4-501 (05/06/26)
6
0
Medical Waste Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bridger Bolinder
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses the distribution of facility-provided medication to patients under certain
circumstances.
Highlighted Provisions:
This bill:
permits certain health facilities to offer the unused portion of a facility-owned medication
to the patient under certain circumstances;
requires that a facility-provided medication be labeled in accordance with the Pharmacy
Practice Act;
addresses counseling to patients regarding facility-provided medication;
includes a coordination clause to have the changes to Subsection 26B-4-501(2) in this bill
supersede Subsection 26B-4-501(1) in H.B. 301, Drug Recodification, if both pass and
become law;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
26B-4-501
, as last amended by Laws of Utah 2025, Chapters 173, 340 and 470
ENACTS:
26B-4-516
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
26B-4-501 (05/06/26)
, as last amended by Laws of Utah 2025, Chapters 173, 340 and 470
Be it enacted by the Legislature of the state of Utah:
The following section is affected by a coordination clause at the end of this bill.
Section 1. Section
26B-4-501
is amended to read:
26B-4-501
. Definitions.
As used in this part:
(1)
"Ambulatory surgical facility" means the same as that term is defined in Section
26B-2-201
.
(2)
"Controlled substance" means the same as that term is defined in
Title 58, Chapter 37
Title 58, Chapter 37c
, Utah Controlled
Substances Act
Substance Precursor Act
.
(2)
(3)
"Critical access hospital" means a critical access hospital that meets the criteria of
42 U.S.C. Sec. 1395i-4(c)(2).
(3)
(4)
"Designated facility" means:
(a)
a freestanding urgent care center;
(b)
a general acute hospital; or
(c)
a critical access hospital.
(4)
(5)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(5)
(6)
"Division" means the Division of Professional Licensing created in Section
58-1-103
.
(6)
(7)
"Emergency contraception" means the use of a substance, approved by the United
States Food and Drug Administration, to prevent pregnancy after sexual intercourse.
(8)
"Facility-provided medication" means a topical antibiotic, anti-inflammatory, dilation,
or glaucoma drop or ointment that is:
(a)
provided in an operating room, emergency department, or ambulatory surgical
facility; and
(b)
(i)
retrieved from a dispensing system during a procedure or visit; or
(ii)
ordered at least 24 hours in advance and kept on standby for a specific patient's
procedure or visit.
(7)
(9)
"Freestanding urgent care center" means the same as that term is defined in Section
59-12-801
.
(8)
(10)
"General acute hospital" means the same as that term is defined in Section
26B-2-201
.
(9)
(11)
"Health care facility" means a hospital, a hospice inpatient residence, a nursing
facility, a dialysis treatment facility, an assisted living residence, an entity that provides
home- and community-based services, a hospice or home health care agency, or another
facility that provides or contracts to provide health care services, which facility is
licensed under Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(10)
(12)
"Health care provider" means:
(a)
a physician, as defined in Section
58-67-102
;
(b)
an advanced practice registered nurse, as defined in Section
58-31b-102
;
(c)
a physician assistant, as defined in Section
58-70a-102
; or
(d)
an individual licensed to engage in the practice of dentistry, as defined in Section
58-69-102
.
(11)
(13)
"Increased risk" means risk exceeding the risk typically experienced by an
individual who is not using, and is not likely to use, an opiate.
(12)
(14)
"Opiate" means the same as that term is defined in Section
58-37-2
.
(13)
(15)
"Opiate antagonist" means naloxone hydrochloride or any similarly acting drug
that is not a controlled substance and that is approved by the federal Food and Drug
Administration for the diagnosis or treatment of an opiate-related drug overdose.
(14)
(16)
"Opiate-related drug overdose event" means an acute condition, including a
decreased level of consciousness or respiratory depression resulting from the
consumption or use of a controlled substance, or another substance with which a
controlled substance was combined, and that a person would reasonably believe to
require medical assistance.
(15)
(17)
"Overdose outreach provider" means:
(a)
a law enforcement agency;
(b)
a fire department;
(c)
an emergency medical service provider, as defined in Section
53-2d-101
;
(d)
emergency medical service personnel, as defined in Section
53-2d-101
;
(e)
an organization providing treatment or recovery services for drug or alcohol use;
(f)
an organization providing support services for an individual, or a family of an
individual, with a substance use disorder;
(g)
a certified peer support specialist, as defined in Section
26B-5-610
;
(h)
an organization providing substance use or mental health services under contract
with a local substance abuse authority, as defined in Section
26B-5-101
, or a local
mental health authority, as defined in Section
26B-5-101
;
(i)
an organization providing services to the homeless;
(j)
a local health department;
(k)
an individual licensed to practice under:
(i)
Title 58, Chapter 17b, Pharmacy Practice Act;
(ii)
Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
(iii)
Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or
(l)
an individual.
(16)
(18)
"Patient counseling" means the same as that term is defined in Section
58-17b-102
.
(17)
(19)
"Pharmacist" means the same as that term is defined in Section
58-17b-102
.
(18)
(20)
"Pharmacy intern" means the same as that term is defined in Section
58-17b-102
.
(19)
(21)
"Physician" means the same as that term is defined in Section
58-67-102
.
(20)
(22)
"Practitioner" means:
(a)
a physician; or
(b)
any other person who is permitted by law to prescribe emergency contraception.
(21)
(23)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(22)
(24)
(a)
"Self-administered hormonal contraceptive" means a self-administered
hormonal contraceptive that is approved by the United States Food and Drug
Administration to prevent pregnancy.
(b)
"Self-administered hormonal contraceptive" includes an oral hormonal contraceptive,
a hormonal vaginal ring, and a hormonal contraceptive patch.
(c)
"Self-administered hormonal contraceptive" does not include any drug intended to
induce an abortion, as that term is defined in Section
76-7-301
.
(23)
(25)
(a)
"Sexual assault" means any criminal conduct described in Title 76, Chapter
5, Part 4, Sexual Offenses, that may result in a pregnancy.
(b)
"Sexual assault" does not include criminal conduct described in:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-418
, sexual battery;
(iii)
Section
76-5-419
, lewdness; or
(iv)
Section
76-5-420
, lewdness involving a child.
(24)
(26)
"Victim of sexual assault" means any person who presents to receive, or
receives, medical care in consequence of being subjected to sexual assault.
Section 2. Section
26B-4-516
is enacted to read:
26B-4-516
. Facility-provided medication -- Use and distribution.
(1)
When a facility-provided medication is administered to a patient, any unused portion of
the facility-provided medication may be offered to the patient upon discharge if the
medication is required for continued treatment.
(2)
A facility-provided medication offered to a patient under this section shall be labeled in
compliance with Title 58, Chapter 17b, Pharmacy Practice Act.
(3)
If a facility-provided medication is used in an operating room or emergency department,
the facility is responsible for providing the patient with counseling on the medication's
proper use and administration.
(4)
The pharmacist counseling requirement described in Section
58-17b-613
does not apply
to a facility-provided medication dispensed in accordance with this section.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 4.
Coordinating H.B. 97 with H.B. 301.
If this H.B. 97, Medical Waste Amendments, and H.B. 301, Drug Recodification, both
pass and become law, the Legislature intends that, on May 6, 2026, the amendments to
Subsection 26B-4-501(2) in H.B. 97 shall supersede the amendments to Subsection
26B-4-501(1) in H.B. 301.
3-11-26 10:40 AM