Prescription Medication Amendments

7
26B-4-516
58-17b-605
58-17b-609
26B-4-516
58-17b-605
58-17b-609
0
Prescription Medication Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill address prescription requirements.
Highlighted Provisions:
This bill:
removes a requirement that a pharmacy notify a provider if the pharmacy substitutes the
medication as authorized by the prescription;
allows a prescription refill to remain valid for two years;
addresses standing prescription drug orders issued by the Department of Health and
Human Services; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-17b-605
, as last amended by Laws of Utah 2024, Chapter 507
58-17b-609
, as last amended by Laws of Utah 2020, Chapter 310
ENACTS:
26B-4-516
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-4-516
is enacted to read:
26B-4-516
. Standing prescription drug order issued by the department.
(1)
The department may only issue a standing prescription drug order if the prescription:
(a)
is limited to a clearly defined clinical indication;
(b)
is for a diagnosis for which the medication has been approved by the federal Food
and Drug Administration; and
(c)
is clinically appropriate.
Section 2. Section
58-17b-605
is amended to read:
58-17b-605
. Drug product equivalents and similar drug products.
(1)
For the purposes of this section:
(a)
(i)
"Drug" is as defined in Section
58-17b-102
.
(ii)
"Drug" includes a "biological product" as defined in Section
58-17b-605.5
.
(b)
"Drug product equivalent"
meansa
means a
drug product that is designated as the
therapeutic equivalent of another drug product in the Approved Drug Products with
Therapeutic Equivalence Evaluations prepared by the Center for Drug Evaluation and
Research of the United States Food and Drug Administration.
(c)
"Osteopathic Physician and Surgeon's Licensing Board" means the board created in
Section
58-68-201
.
(d)
"Medical Licensing Board" means the board created in Section
58-67-201
.
(e)
"Therapeutically similar drug product" means a drug product that:
(i)
provides a similar level of therapeutic benefit and risk to a patient as another drug
product; and
(ii)
is on the list of therapeutically similar drugs created by the division in accordance
with Subsection
(9)
.
(2)
A pharmacist or pharmacy intern dispensing a prescription order for a specific drug by
brand or proprietary name may substitute:
(a)
a drug product equivalent for the prescribed drug if:
(i)
the purchaser specifically requests or consents to the substitution of a drug product
equivalent;
(ii)
the drug product equivalent is of the same generic type and is designated the
therapeutic equivalent in the approved drug products with therapeutic equivalence
evaluations prepared by the Center for Drug Evaluation and Research of the
Federal Food and Drug Administration;
(iii)
the drug product equivalent is permitted to move in interstate commerce;
(iv)
the pharmacist or pharmacy intern counsels the patient on the use and the
expected response to the prescribed drug, whether a substitute or not;
(v)
the substitution is not otherwise prohibited by law; and
(vi)
the prescribing practitioner has not indicated that a drug product equivalent may
not be substituted for the drug, as provided in Subsection
(6)
; or
(b)
a therapeutically similar drug product if:
(i)
the prescriber has written "similar substitution authorized" on the prescription
or
otherwise indicates that a therapeutically similar drug product substitution is
desired
for the prescribed drug;
(ii)
the therapeutically similar drug product is listed on the therapeutically similar
drug list described in Subsection
(9)
as a drug that can be substituted for the
prescribed drug;
(iii)
the purchaser specifically requests or consents to the substitution of the
therapeutically similar drug;
(iv)
the dispensed therapeutically similar drug product is permitted to move in
interstate commerce;
(v)
the pharmacist or pharmacy intern counsels the patient on the use and the
expected response to the therapeutically similar drug product;
(vi)
the substitution is not otherwise prohibited by law; and
(vii)
the substitution:
(A)
results in a decreased cost to the patient;
(B)
is covered on the patient's health benefit plan formulary as a preferred drug or
at the same or lower payment tier;
(C)
is necessary because the pharmacist does not have the originally prescribed
medication available to dispense to the patient; or
(D)
would be beneficial to the patient for any reason if the patient and pharmacist
mutually agree that the substitution would benefit the patient.
(3)
(a)
Each out-of-state mail service pharmacy dispensing a drug product equivalent or a
therapeutically similar drug product as a substitute for another drug into this state
shall notify the patient of the substitution either by telephone or in writing.
(b)
Each out-of-state mail service pharmacy shall comply with the requirements of this
chapter with respect to a drug product equivalent or a therapeutically similar drug
product substituted for another drug, including labeling and record keeping.
(4)
(a)
Pharmacists or pharmacy interns may not substitute without the prescriber's
authorization on trade name drug product prescriptions unless the product is currently
categorized in the approved drug products with therapeutic equivalence evaluations
prepared by the Center for Drug Evaluation and Research of the
Federal
United
States
Food and Drug Administration as a drug product considered to be
therapeutically equivalent to another drug product.
(b)
A pharmacist or pharmacy intern that substitutes a drug product for a therapeutically
similar drug product under Subsection (2)(b), for any prescription intended to last
longer than 30 days, shall notify the prescriber that the pharmacist or pharmacy intern
substituted the drug.
(5)
A pharmacist or pharmacy intern who dispenses a prescription with a drug product
equivalent or a therapeutically similar drug product under this section assumes no
greater liability than would be incurred had the pharmacist or pharmacy intern dispensed
the prescription with the drug product prescribed.
(6)
(a)
If, in the opinion of the prescribing practitioner, it is in the best interest of the
patient that a drug product equivalent not be substituted for a prescribed drug, the
practitioner may indicate a prohibition on substitution either by writing "dispense as
written" or signing in the appropriate space where two lines have been preprinted on
a prescription order and captioned "dispense as written" or "substitution permitted".
(b)
If the prescription is communicated orally by the prescribing practitioner to the
pharmacist or pharmacy intern, the practitioner shall indicate the prohibition on
substitution and that indication shall be noted in writing by the pharmacist or
pharmacy intern with the name of the practitioner and the words "orally by" and the
initials of the pharmacist or pharmacy intern written after it.
(7)
(a)
A pharmacist or pharmacy intern who substitutes a drug product equivalent or
therapeutically similar drug product for a prescribed drug shall communicate the
substitution to the purchaser.
(b)
The drug product equivalent or therapeutically similar drug product container shall
be labeled with the name of the drug dispensed.
(c)
The pharmacist, pharmacy intern, or pharmacy technician shall indicate on the file
copy of the prescription both the name of the prescribed drug and the name of the
drug product equivalent or the therapeutically similar drug product dispensed in place
of the prescribed drug.
(8)
(a)
For purposes of this Subsection
(8)
, "substitutes" means to substitute:
(i)
a generic drug for another generic drug;
(ii)
a generic drug for a nongeneric drug;
(iii)
a nongeneric drug for another nongeneric drug; or
(iv)
a nongeneric drug for a generic drug.
(b)
A prescribing practitioner who makes a finding under Subsection
(6)(a)
for a patient
with a seizure disorder shall indicate a prohibition on substitution of a drug product
equivalent in the manner provided in Subsection
(6)(a)
or
(b)
.
(c)
Except as provided in Subsection
(8)(d)
, a pharmacist or pharmacy intern who cannot
dispense the prescribed drug as written, and who needs to substitute a drug product
equivalent for the drug prescribed to the patient to treat or prevent seizures shall
notify the prescribing practitioner
prior to
before
the substitution.
(d)
Notification under Subsection
(8)(c)
is not required if the drug product equivalent is
paid for in whole or in part by Medicaid.
(9)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
and in consultation with the board and the Medical Licensing Board , the division
shall create a therapeutically similar drug product list that contains lists of drug
products that are therapeutically similar to each other.
(b)
The division may not add a drug product to the therapeutically similar drug product
list if the addition is opposed by:
(i)
the board; or
(ii)
the Medical Licensing Board.
(c)
When considering a drug to be added to the therapeutically similar drug product list,
the division shall consult with each board described in Subsection
(9)(b)
.
(d)
When consulting with the division under Subsection
(9)(c)
, a board described in
Subsection
(9)(b)
may:
(i)
review clinical practice guidelines;
(ii)
review peer-reviewed studies; and
(iii)
consult with medical specialists who are familiar with the drug under
consideration.
(e)
When creating the therapeutically similar drug product list, before considering any
other types of drugs, the division shall consider:
(i)
albuterol inhalers;
(ii)
injectable forms of insulin; and
(iii)
diabetic test strips.
(f)
The division may, in consultation with each board described in Subsection
(9)(b)
,
create standards in rule for considering drug products that should be added to the
therapeutically similar drug product list.
(10)
Failure of a licensed medical practitioner to specify that no substitution is authorized
does not constitute evidence of negligence.
Section 3. Section
58-17b-609
is amended to read:
58-17b-609
. Limitation on prescriptions and refills -- Controlled Substances Act
not affected -- Legend drugs.
(1)
Except as provided in Sections
58-16a-102
and
58-17b-608.2
, a prescription for any
prescription drug or device may not be dispensed after one year from the date it was
initiated except as otherwise provided in
Chapter 37, Utah Controlled Substances Act
.
(2)
Except as provided in Section
58-17b-608.2
, a prescription authorized to be refilled may
not be refilled after
one year
two years
from the original issue date.
(3)
A practitioner may not be prohibited from issuing a new prescription for the same drug
orally, in writing, or by electronic transmission.
(4)
Nothing in this chapter affects
Chapter 37, Utah Controlled Substances Act
.
(5)
A prescription for a legend drug written by a licensed prescribing practitioner in another
state may be filled or refilled by a pharmacist or pharmacy intern in this state if the
pharmacist or pharmacy intern verifies that the prescription is valid.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-5-26 9:52 AM