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5
26B-4-514
58-37-7
0
Opiate Information Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nicholeen P. Peck
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses opiate abuse prevention pamphlets.
Highlighted Provisions:
This bill:
requires a pharmacy to provide patients with an informational pamphlet regarding opiate
abuse prevention created by the Department of Health and Human Services.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-4-514
, as renumbered and amended by Laws of Utah 2023, Chapter 307
58-37-7
, as last amended by Laws of Utah 2024, Chapter 381
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-4-514
is amended to read:
26B-4-514
. Opiate abuse prevention pamphlet.
(1)
As funding is available, the
The
department shall
produce and distribute
create and
make available online
, in conjunction with the Office of Substance Use and Mental
Health, a pamphlet about opiates that includes information regarding:
(a)
the risk of dependency and addiction;
(b)
methods for proper storage and disposal;
(c)
alternative options for pain management;
(d)
the benefits of and ways to obtain naloxone; and
(e)
resources if the patient believes that the patient has a substance use disorder.
(2)
The pamphlet described in Subsection
(1)
shall be:
(a)
evaluated periodically for effectiveness at conveying necessary information and
revised accordingly;
(b)
written in simple and understandable language; and
(c)
available in English and other languages that the department determines to be
appropriate and necessary.
Section 2. Section
58-37-7
is amended to read:
58-37-7
. Labeling and packaging controlled substance -- Informational
pamphlet for opiates -- Naloxone education and offer to dispense.
(1)
A person licensed pursuant to this act may not distribute a controlled substance unless it
is packaged and labeled in compliance with the requirements of Section 305 of the
Federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
(2)
No person except a pharmacist for the purpose of filling a prescription shall alter,
deface, or remove any label affixed by the manufacturer.
(3)
Whenever a pharmacy sells or dispenses any controlled substance on a prescription
issued by a practitioner, the pharmacy shall affix to the container in which the substance
is sold or dispensed:
(a)
a label showing the:
(i)
pharmacy name and address;
(ii)
serial number; and
(iii)
date of initial filling;
(b)
the prescription number, the name of the patient, or if the patient is an animal, the
name of the owner of the animal and the species of the animal;
(c)
the name of the practitioner by whom the prescription was written;
(d)
any directions stated on the prescription; and
(e)
any directions required by rules and regulations promulgated by the department.
(4)
Whenever a pharmacy sells or dispenses a Schedule II or Schedule III controlled
substance that is an opiate, the pharmacy shall:
(a)
affix a warning to the container or the lid for the container in which the substance is
sold or dispensed that contains the following text:
(i)
"Caution: Opioid. Risk of overdose and addiction"; or
(ii)
any other language that is approved by the Department of Health and Human
Services;
(b)
beginning January 1, 2024:
(i)
offer to counsel the patient or the patient's representative on the use and
availability of an opiate antagonist as defined in Section
26B-4-501
; and
(ii)
offer to dispense an opiate antagonist as defined in Section
26B-4-501
to the
patient or the patient's representative, under a prescription from a practitioner or
under Section
26B-4-510
, if the patient:
(A)
receives a single prescription for 50 morphine milligram equivalents or more
per day, calculated in accordance with guidelines developed by the United
States Centers for Disease Control and Prevention;
(B)
is being dispensed an opioid and the pharmacy dispensed a benzodiazepine to
the patient in the previous 30 day period; or
(C)
is being dispensed a benzodiazepine and the pharmacy dispensed an opioid to
the patient in the previous 30 day period.
(5)
(a)
A pharmacy who sells or dispenses a Schedule II or Schedule III controlled
substance that is an opiate shall
, if available from the Department of Health and
Human Services,
print and
prominently display at the point of sale the informational
pamphlet
developed
created
by the Department of Health and Human Services
under Section
26B-4-514
.
(b)
The board and the Department of Health and Human Services shall encourage
pharmacies to use the informational pamphlet to engage in patient counseling
regarding the risks associated with taking opiates.
(c)
The requirement in Subsection (5)(a) does not apply to a pharmacy if the pharmacy
is unable to obtain the informational pamphlet from the Department of Health and
Human Services for any reason.
(6)
A person may not alter the face or remove any label so long as any of the original
contents remain.
(7)
(a)
An individual to whom or for whose use any controlled substance has been
prescribed, sold, or dispensed by a practitioner and the owner of any animal for
which any controlled substance has been prescribed, sold, or dispensed by a
veterinarian may lawfully possess it only in the container in which it was delivered to
the individual by the person selling or dispensing it.
(b)
It is a defense to a prosecution under this subsection that the person being prosecuted
produces in court a valid prescription for the controlled substance or the original
container with the label attached.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-19-26 4:02 PM