Medical Prescription Amendments

7
58-17b-609
58-37-6
0
Medical Prescription Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor:
LONG TITLE
General Description:
This bill allows certain prescriptions to remain valid for two years.
Highlighted Provisions:
This bill:
allows a provider to write a prescription for Schedule V substances that remains valid for
up to two years.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-17b-609
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 310
58-37-6
Effective
05/06/26
Partially Repealed
07/01/32
, as last amended by Laws of
Utah 2022, Chapter 415
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-17b-609
is amended to read:
58-17b-609
Effective
05/06/26
. 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
and Chapter 37, Utah Controlled
Substances Act
, a prescription authorized to be refilled may not be refilled after one year
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 2. Section
58-37-6
is amended to read:
58-37-6
Effective
05/06/26
Partially Repealed
07/01/32
. License to
manufacture, produce, distribute, dispense, administer, or conduct research -- Issuance
by division -- Denial, suspension, or revocation -- Records required -- Prescriptions.
(1)
(a)
The division may adopt rules relating to the licensing and control of the
manufacture, distribution, production, prescription, administration, dispensing,
conducting of research with, and performing of laboratory analysis upon controlled
substances within this state.
(b)
The division may assess reasonable fees to defray the cost of issuing original and
renewal licenses under this chapter
pursuant
in accordance with
to Section
63J-1-504
.
(2)
(a)
(i)
Every person who manufactures, produces, distributes, prescribes, dispenses,
administers, conducts research with, or performs laboratory analysis upon any
controlled substance in Schedules I through V within this state, or who proposes
to engage in manufacturing, producing, distributing, prescribing, dispensing,
administering, conducting research with, or performing laboratory analysis upon
controlled substances included in Schedules I through V within this state shall
obtain a license issued by the division.
(ii)
The division shall issue each license under this chapter in accordance with a
two-year renewal cycle established by rule.

(iii)
The division may by rule extend or shorten a renewal period by as much as one
year to stagger the renewal cycles it administers.
(b)
Persons licensed to manufacture, produce, distribute, prescribe, dispense, administer,
conduct research with, or perform laboratory analysis upon controlled substances in
Schedules I through V within this state may possess, manufacture, produce,
distribute, prescribe, dispense, administer, conduct research with, or perform
laboratory analysis upon those substances to the extent authorized by
their
the
person's license
license and in conformity with this chapter.
(c)
The following persons are not required to obtain a license and may lawfully possess
controlled substances included in Schedules II through V under this section:
(i)
an agent or employee, except a sales representative, of any registered
manufacturer, distributor, or dispenser of any controlled substance, if the agent or
employee is acting in the usual course of the agent or employee's business or
employment; however, nothing in this subsection shall be interpreted to permit an
agent, employee, sales representative, or detail man to maintain an inventory of
controlled substances separate from the location of the person's employer's
registered and licensed place of business;
(ii)
a motor carrier or
warehouseman
warehouseperson
, or an employee of a motor
carrier or
warehouseman
warehouseperson
, who possesses a controlled substance
in the usual course of the person's business or employment; and
(iii)
an ultimate user, or a person who possesses any controlled substance pursuant to
a lawful order of a practitioner.
(d)
The division may enact rules waiving the license requirement for certain
manufacturers, producers, distributors, prescribers, dispensers, administrators,
research practitioners, or laboratories performing analysis if waiving the license
requirement is consistent with public health and safety.
(e)
A separate license is required at each principal place of business or professional
practice where the applicant manufactures, produces, distributes, dispenses, conducts
research with, or performs laboratory analysis upon controlled substances.
(f)
The division may enact rules providing for the inspection of a licensee or applicant's
establishment, and may inspect the establishment according to those rules.
(3)
(a)
(i)
Upon proper application, the division shall license a qualified applicant to
manufacture, produce, distribute, conduct research with, or perform laboratory
analysis upon controlled substances included in Schedules I through V, unless it
determines that issuance of a license is inconsistent with the public interest.
(ii)
The division may not issue a license to any person to prescribe, dispense, or
administer a Schedule I controlled substance except under Subsection
(3)(a)(i)
.
(iii)
In determining public interest under this Subsection
(3)(a)
, the division shall
consider whether the applicant has:
(A)
maintained effective controls against diversion of controlled substances and
any Schedule I or II substance compounded from any controlled substance into
channels other than legitimate medical, scientific, or industrial channels;
(B)
complied with applicable state and local law;
(C)
been convicted under federal or state laws relating to the manufacture,
distribution, or dispensing of substances;
(D)
past experience in the manufacture of controlled dangerous substances;
(E)
established effective controls against diversion; and
(F)
complied with any other factors that the division establishes that promote the
public health and safety.
(b)
Licenses granted under Subsection
(3)(a)
do not entitle a licensee to manufacture,
produce, distribute, conduct research with, or perform laboratory analysis upon
controlled substances in Schedule I other than those specified in the license.
(c)
(i)
Practitioners shall be licensed to administer, dispense, or conduct research with
substances in Schedules II through V if they are authorized to administer,
dispense, or conduct research under the laws of this state.
(ii)
The division need not require a separate license for practitioners engaging in
research with nonnarcotic controlled substances in Schedules II through V where
the licensee is already licensed under this chapter in another capacity.
(iii)
With respect to research involving narcotic substances in Schedules II through V,
or where the division by rule requires a separate license for research of
nonnarcotic substances in Schedules II through V, a practitioner shall apply to the
division prior to conducting research.
(iv)
Licensing for purposes of bona fide research with controlled substances by a
practitioner considered qualified may be denied only on a ground specified in
Subsection
(4)
, or upon evidence that the applicant will abuse or unlawfully
transfer or fail to safeguard adequately the practitioner's supply of substances
against diversion from medical or scientific use.
(v)
Practitioners registered under federal law to conduct research in Schedule I
substances may conduct research in Schedule I substances within this state upon
providing the division with evidence of federal registration.
(d)
Compliance by manufacturers, producers, and distributors with the provisions of
federal law respecting registration, excluding fees, entitles them to be licensed under
this chapter.
(e)
The division shall initially license those persons who own or operate an
establishment engaged in the manufacture, production, distribution, dispensation, or
administration of controlled substances prior to April 3, 1980, and who are licensed
by the state.
(4)
(a)
Any license issued
pursuant to
in accordance with
Subsection
(2)
or
(3)
may be
denied, suspended, placed on probation, or revoked by the division upon finding that
the applicant or licensee has:
(i)
materially falsified any application filed or required pursuant to this chapter;
(ii)
been convicted of an offense under this chapter or any law of the United States, or
any state, relating to any substance defined as a controlled substance;
(iii)
been convicted of a felony under any other law of the United States or any state
within five years of the date of the issuance of the license;
(iv)
had a federal registration or license denied, suspended, or revoked by competent
federal authority and is no longer authorized to manufacture, distribute, prescribe,
or dispense controlled substances;
(v)
had the licensee's license suspended or revoked by competent authority of another
state for violation of laws or regulations comparable to those of this state relating
to the manufacture, distribution, or dispensing of controlled substances;
(vi)
violated any division rule that reflects adversely on the licensee's reliability and
integrity with respect to controlled substances;
(vii)
refused inspection of records required to be maintained under this chapter by a
person authorized to inspect them; or
(viii)
prescribed, dispensed, administered, or injected an anabolic steroid for the
purpose of manipulating human hormonal structure so as to:
(A)
increase muscle mass, strength, or weight without medical necessity and
without a written prescription by any practitioner in the course of the
practitioner's professional practice; or
(B)
improve performance in any form of human exercise, sport, or game.
(b)
The division may limit revocation or suspension of a license to a particular
controlled substance with respect to which grounds for revocation or suspension exist.
(c)
(i)
Proceedings to deny, revoke, or suspend a license shall be conducted
pursuant
to
in accordance with
this section and in accordance with the procedures set forth
in
Title 58, Chapter 1, Division of Professional Licensing Act
, and conducted in
conjunction with the appropriate representative committee designated by the
director of the department.
(ii)
Nothing in this Subsection
(4)(c)
gives the Division of Professional Licensing
exclusive authority in proceedings to deny, revoke, or suspend licenses, except
where the division is designated by law to perform those functions, or, when not
designated by law, is designated by the executive director of the Department of
Commerce to conduct the proceedings.
(d)
(i)
The division may suspend any license simultaneously with the institution of
proceedings under this section if it finds there is an imminent danger to the public
health or safety.
(ii)
Suspension shall continue in effect until the conclusion of proceedings, including
judicial review, unless withdrawn by the division or dissolved by a court of
competent jurisdiction.
(e)
(i)
If a license is suspended or revoked under this Subsection
(4)
, all controlled
substances owned or possessed by the licensee may be placed under seal in the
discretion of the division.
(ii)
Disposition may not be made of substances under seal until the time for taking an
appeal has lapsed, or until all appeals have been concluded, unless a court, upon
application, orders the sale of perishable substances and the proceeds deposited
with the court.
(iii)
If a revocation order becomes final, all controlled substances shall be forfeited.
(f)
The division shall notify promptly the
federal
Drug Enforcement Administration of
all orders suspending or revoking a license and all forfeitures of controlled
substances.
(g)
If an individual's
federal
Drug Enforcement Administration registration is denied,
revoked, surrendered, or suspended, the division shall immediately suspend the
individual's controlled substance license, which shall only be reinstated by the
division upon reinstatement of the federal registration, unless the division has taken
further administrative action under Subsection
(4)(a)(iv)
, which would be grounds for
the continued denial of the controlled substance license.
(5)
(a)
A person licensed under Subsection
(2)
or
(3)
shall maintain records and
inventories in conformance with the record keeping and inventory requirements of
federal and state law and any additional rules issued by the division.
(b)
(i)
A physician, dentist, naturopathic physician, veterinarian, practitioner, or other
individual who is authorized to administer or professionally use a controlled
substance shall keep a record of the drugs received by the individual and a record
of all drugs administered, dispensed, or professionally used by the individual
otherwise than by a prescription.
(ii)
An individual using small quantities or solutions or other preparations of those
drugs for local application has complied with this Subsection
(5)(b)
if the
individual keeps a record of the quantity, character, and potency of those solutions
or preparations purchased or prepared by the individual, and of the dates when
purchased or prepared.
(6)
Controlled substances in Schedules I through V may be distributed only by a licensee
and pursuant to an order form prepared in compliance with division rules or a lawful
order under the rules and regulations of the United States.
(7)
(a)
An individual may not write or authorize a prescription for a controlled substance
unless the individual is:
(i)
a practitioner authorized to prescribe drugs and medicine under the laws of this
state or under the laws of another state having similar standards; and
(ii)
licensed under this chapter or under the laws of another state having similar
standards.
(b)
An individual other than a pharmacist licensed under the laws of this state, or the
pharmacist's licensed intern, as required by Sections
58-17b-303
and
58-17b-304
,
may not dispense a controlled substance.
(c)
(i)
A controlled substance may not be dispensed without the written prescription of
a practitioner, if the written prescription is required by the federal Controlled
Substances Act.
(ii)
That
The
written prescription shall be made in accordance with Subsection
(7)(a)

and in conformity with Subsection
(7)(d)
.
(iii)
In emergency situations, as defined by division rule, controlled substances may
be dispensed upon oral prescription of a practitioner, if reduced promptly to
writing on forms designated by the division and filed by the pharmacy.
(iv)
Prescriptions reduced to writing by a pharmacist shall be in conformity with
Subsection
(7)(d)
.
(d)
Except for emergency situations designated by the division, an individual may not
issue, fill, compound, or dispense a prescription for a controlled substance unless the
prescription is signed by the prescriber in ink or indelible pencil or is signed with an
electronic signature of the prescriber as authorized by division rule, and contains the
following information:
(i)
the name, address, and registry number of the prescriber;
(ii)
the name, address, and age of the person to whom or for whom the prescription is
issued;
(iii)
the date of issuance of the prescription; and
(iv)
the name, quantity, and specific directions for use by the ultimate user of the
controlled substance.
(e)
A prescription may not be written, issued, filled, or dispensed for a Schedule I
controlled substance unless:
(i)
the individual who writes the prescription is licensed under Subsection
(2)
; and
(ii)
the prescribed controlled substance is to be used in research.
(f)
Except when administered directly to an ultimate user by a licensed practitioner,
controlled substances are subject to the restrictions of this Subsection
(7)(f)
.
(i)
A prescription for a Schedule II substance may not be refilled.
(ii)
A Schedule II controlled substance may not be filled in a quantity to exceed a
one-month's supply, as directed on the daily dosage rate of the prescriptions.
(iii)
(A)
A prescription for a Schedule II or Schedule III controlled substance that
is an opiate and that is issued for an acute condition shall be completely or
partially filled in a quantity not to exceed a seven-day supply as directed on the
daily dosage rate of the prescription.
(B)
Subsection
(7)(f)(iii)(A)
does not apply to prescriptions issued for complex or
chronic conditions which are documented as being complex or chronic in the
medical record.
(C)
A pharmacist is not required to verify that a prescription is in compliance with
this
Subsection
(7)(f)(iii)
.
(iv)
A Schedule III or IV controlled substance may be filled only within six months
of issuance, and may not be refilled more than six months after the date of its
original issuance or be refilled more than five times after the date of the
prescription unless renewed by the practitioner.
(v)
All other controlled substances in Schedule V may be refilled as the prescriber's
prescription directs, but they may not be refilled
one year
more than two years

after the date the prescription was issued unless renewed by the practitioner.
(vi)
Any prescription for a Schedule II substance may not be dispensed if it is not
presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern
within 30 days after the date the prescription was issued, or 30 days after the
dispensing date, if that date is specified separately from the date of issue.
(vii)
A practitioner may issue more than one prescription at the same time for the
same Schedule II controlled substance, but only under the following conditions:
(A)
no more than three prescriptions for the same Schedule II controlled substance
may be issued at the same time;
(B)
no one prescription may exceed a 30-day supply; and
(C)
a second or third prescription shall include the date of issuance and the date
for dispensing.
(g)
An order for a controlled substance in Schedules II through V for use by an inpatient
or an outpatient of a licensed hospital is exempt from all requirements of this
Subsection
(7)
if the order is:
(i)
issued or made by a prescribing practitioner who holds an unrestricted registration
with the federal Drug Enforcement Administration, and an active Utah controlled
substance license in good standing issued by the division under this section, or a
medical resident who is exempted from licensure under Subsection
58-1-307(1)(c)
;
(ii)
authorized by the prescribing practitioner treating the patient and the prescribing
practitioner designates the quantity ordered;
(iii)
entered upon the record of the patient, the record is signed by the prescriber
affirming the prescriber's authorization of the order within 48 hours after filling or
administering the order, and the patient's record reflects the quantity actually
administered; and
(iv)
filled and dispensed by a pharmacist practicing the pharmacist's profession
within the physical structure of the hospital, or the order is taken from a supply
lawfully maintained by the hospital and the amount taken from the supply is
administered directly to the patient authorized to receive it.
(h)
(i)
A practitioner licensed under this chapter may not prescribe, administer, or
dispense a controlled substance to a child, without first obtaining the consent
required in Section
78B-3-406
of a parent, guardian, or person standing in loco
parentis of the child except in cases of an emergency.

(ii)
For purposes of Subsection
(7)(h)
(i)
, "child" has the same meaning as defined in
Section
80-1-102
, and "emergency" means any physical condition requiring the
administration of a controlled substance for immediate relief of pain or suffering.
(i)
A practitioner licensed under this chapter may not prescribe or administer dosages of
a controlled substance in excess of medically recognized quantities necessary to treat
the ailment, malady, or condition of the ultimate user.
(j)
A practitioner licensed under this chapter may not prescribe, administer, or dispense
any controlled substance to another person knowing that the other person is using a
false name, address, or other personal information for the purpose of securing the
controlled substance.
(k)
A person who is licensed under this chapter to manufacture, distribute, or dispense a
controlled substance may not manufacture, distribute, or dispense a controlled
substance to another licensee or any other authorized person not authorized by this
license.
(l)
A person licensed under this chapter may not omit, remove, alter, or obliterate a
symbol required by this chapter or by a rule issued under this chapter.
(m)
A person licensed under this chapter may not refuse or fail to make, keep, or furnish
any record notification, order form, statement, invoice, or information required under
this chapter.
(n)
A person licensed under this chapter may not refuse entry into any premises for
inspection as authorized by this chapter.
(o)
A person licensed under this chapter may not furnish false or fraudulent material
information in any application, report, or other document required to be kept by this
chapter or willfully make any false statement in any prescription, order, report, or
record required by this chapter.
(8)
(a)
(i)
Any person licensed under this chapter who is found by the division to have
violated any of the provisions of Subsections
(7)(k)
through
(o)
or Subsection
(10)

is subject to a penalty not to exceed $5,000.

(ii)
The division shall determine the procedure for adjudication of any violations in
accordance with Sections
58-1-106
and
58-1-108
.
(ii)
(iii)
The division shall deposit all penalties collected under Subsection
(8)(a)(i)

into the General Fund as a dedicated credit to be used by the division under
Subsection
58-37f-502(1)
.
(iii)
(iv)
The director may collect a penalty that is not paid by:
(A)
referring the matter to a collection agency; or
(B)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(iv)
(v)
A county attorney or the attorney general of the state shall provide legal
assistance and advice to the director in an action to collect a penalty.
(v)
(vi)
A court shall award reasonable attorney fees and costs to the prevailing party
in an action brought by the division to collect a penalty.
(b)
Any person who knowingly and intentionally violates Subsections
(7)(h)
through
(j)

or Subsection
(10)
is:
(i)
upon first conviction, guilty of a class B misdemeanor;
(ii)
upon second conviction, guilty of a class A misdemeanor; and
(iii)
on third or subsequent conviction, guilty of a third degree felony.
(c)
Any person who knowingly and intentionally violates Subsections
(7)(k)
through
(o)

shall upon conviction be guilty of a third degree felony.
(9)
Any information communicated to any licensed practitioner in an attempt to unlawfully
procure, or to procure the administration of, a controlled substance is not considered to
be a privileged communication.
(10)
A person holding a valid license under this chapter who is engaged in medical research
may produce, possess, administer, prescribe, or dispense a controlled substance for
research purposes as licensed under Subsection
(2)
but may not otherwise prescribe or
dispense a controlled substance listed in Section
58-37-4.2
.
(11)
(a)
As used in this Subsection
(11)
:
(i)
"Database" means the controlled substance database created in Section
58-37f-201
;
and
(ii)
"High risk prescription" means a prescription for an opiate or a benzodiazepine
that is written to continue for longer than 30 consecutive days.
(ii)
"Database" means the controlled substance database created in Section
58-37f-201
.
(b)
A practitioner who issues a high risk prescription to a patient shall, before issuing the
high risk prescription to the patient, verify in the database that the patient does not
have a high risk prescription from a different practitioner that is currently active.
(c)
If the database shows that the patient has received a high risk prescription that is
currently active from a different practitioner, the practitioner may not issue a high
risk prescription to the patient unless the practitioner:
(i)
contacts and consults with each practitioner who issued a high risk prescription
that is currently active to the patient;
(ii)
documents in the patient's medical record that the practitioner made contact with
each practitioner in accordance with Subsection
(11)(c)(i)
; and
(iii)
documents in the patient's medical record the reason why the practitioner
believes that the patient needs multiple high risk prescriptions from different
practitioners.
(d)
A practitioner shall satisfy the requirement described in Subsection
(11)(c)
in a
timely manner, which may be after the practitioner issues the high risk prescription to
the patient.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-8-26 4:25 PM