Opioid Terminology Amendments

51
17-72-101
17-72-408
26B-4-501
26B-4-508
26B-4-509
26B-4-510
26B-4-511
26B-4-512
26B-4-513
26B-4-514
26B-7-110
26B-7-117
53G-9-502
58-17b-309
58-17b-507
58-31b-703
58-37-2
58-37-4
58-37-6
58-37-7
58-37-8.2
58-37-19
58-67-702
58-68-702
58-69-702
58-70a-505
63I-1-258
63J-1-602.2
64-13-45
SB0317
HB0301
58-37-304 (05/06/26)
58-37-305 (05/06/26)
SB0317
SB0087
26B-4-509 (05/06/26)
26B-4-510 (05/06/26)
26B-4-511 (05/06/26)
58-17b-507 (05/06/26)
58-31b-703 (05/06/26)
58-67-702 (05/06/26)
58-68-702 (05/06/26)
58-69-702 (05/06/26)
58-70a-505 (05/06/26)
SB0317
SB0098
26B-7-126 (05/06/26)
0
Opioid Terminology Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Jennifer Dailey-Provost
LONG TITLE
General Description:
This bill addresses terminology related to opioids.
Highlighted Provisions:
This bill:
makes the following changes throughout the code and makes related, conforming changes:
changes the defined term "opiate" to "opioid-like substance";
changes the defined term "opiate antagonist" to "opioid antagonist"; and
changes the defined term "opiate-related drug overdose event" to "opioid-related drug
overdose event";
changes the term "opiate" to "substance" in the description of certain controlled
substances;
includes coordination clauses to coordinate changes in this bill and H.B. 301, Drug
Recodification, S.B. 87 Naloxone Amendments, and S.B. 98 Substance Use
Rehabilitation Amendments;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
17-72-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
17-72-408
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
26B-4-501
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
340 and 470
26B-4-508
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 307
26B-4-509
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 307
26B-4-510
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 307
26B-4-511
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 307
26B-4-512
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
26B-4-513
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 507
26B-4-514
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 307
26B-7-110
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 308
26B-7-117
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 243
53G-9-502
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 122
58-17b-309
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 328
58-17b-507
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 328
58-31b-703
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 329
58-37-2
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 396
58-37-4
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 216
58-37-6
Effective
05/06/26
Partially Repealed
07/01/32
, as last amended by Laws of
Utah 2022, Chapter 415
58-37-7
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 381
58-37-8.2
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapters 173, 173
58-37-19
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 381
58-67-702
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 329
58-68-702
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 329
58-69-702
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 329
58-70a-505
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 329
63I-1-258
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 236
63J-1-602.2
Effective
05/06/26
Partially Repealed
07/01/29
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 17
64-13-45
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapters 245, 341
Utah Code Sections Affected by Coordination Clause:
26B-4-509 (05/06/26)
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-510 (05/06/26)
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-511 (05/06/26)
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-7-126 (05/06/26)
, as enacted by S.B. 98 (2026)
58-17b-507 (05/06/26)
, as last amended by Laws of Utah 2023, Chapter 328
58-31b-703 (05/06/26)
, as last amended by Laws of Utah 2023, Chapter 329
58-37-304 (05/06/26)
, as enacted by H.B. 301 (2026)
58-37-305 (05/06/26)
, as enacted by H.B. 301 (2026)
58-67-702 (05/06/26)
, as last amended by Laws of Utah 2023, Chapter 329
58-68-702 (05/06/26)
, as last amended by Laws of Utah 2023, Chapter 329
58-69-702 (05/06/26)
, as last amended by Laws of Utah 2023, Chapter 329
58-70a-505 (05/06/26)
, as last amended by Laws of Utah 2023, Chapter 329
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-72-101
is amended to read:
17-72-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Commissary account" means an account from which a prisoner may withdraw money,
deposited by the prisoner or another individual, to purchase discretionary items for sale
by a correctional facility.
(2)
"Commissary purchase" means a transaction initiated by a prisoner by which the
prisoner obtains an item or items offered for sale by the correctional facility in exchange
for money withdrawn from the prisoner's commissary account.
(3)
"Commission" means the State Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
.
(4)
"Correctional facility" means the same as that term is defined in Section
77-16b-102
.
(5)
"County inmate" means an inmate who is sentenced to a county jail.
(6)
"Cross-sex hormone treatment" means the same as that term is defined in Section
26B-4-1001
.
281-12(6)
(7)
(a)
"In-custody death" means a prisoner death that occurs while the prisoner is in the
custody of a county jail.
(b)
"In-custody death" includes a prisoner death that occurs while the prisoner is:
(i)
being transported for health care; or
(ii)
receiving health care outside of a county jail.
(8)
"Inmate" means a prisoner who is in the custody of a correctional facility following a
criminal conviction.
(9)
"Medication assisted treatment plan" means a prescription plan to use prescribed
medication approved by the Food and Drug Administration, such as buprenorphine,
methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use
disorder.
(10)
"Notice" means all papers and orders, except process, required to be served in any
proceeding before any court, board, commission, or officer, or when required by law to
be served independently of a court proceeding.
(11)
"
Opiate
Opioid-like substance
" means the same as that term is defined in Section
58-37-2
.
(12)
"Primary sex characteristic surgical procedure" means the same as that term is defined
in Section
26B-4-1001
.
(13)
"Prisoner" means an individual who is:
(a)
in custody of a peace officer in accordance with a lawful arrest; or
(b)
confined in a county jail.
(14)
"Police interlocal entity" means the same as that term is defined in Sections
17-76-201

and
17-76-301
.
(15)
"Police special district" means the same as that term is defined in Section
17-76-201
.
(16)
"Probationer" means an individual on probation under the supervision of the county
sheriff.
(17)
"Process" means all writs, warrants, summonses and orders of the courts of justice or
judicial officers.
(18)
(a)
"Qualifying domestic violence offense" means the same as that term is defined in
Section
77-36-1.1
.
(b)
"Qualifying domestic violence offense" does not include criminal mischief as that
term is defined in Section
76-6-106
.
(19)
"State inmate" means an inmate who is sentenced to the Department of Corrections,
created in Section
64-13-2
, even if the inmate is in the custody of a county jail.
(20)
(19)
"Secondary sex characteristic surgical procedure" means the same as that term is
defined in Section
26B-4-1001
.
(20)
"State inmate" means an inmate who is sentenced to the Department of Corrections,
created in Section
64-13-2
, even if the inmate is in the custody of a county jail.
(21)
"Violent felony" means the same as that term is defined in Section
76-3-203.5
.
Section 2. Section
17-72-408
is amended to read:
17-72-408
Effective
05/06/26
. County jail reporting requirements.
(1)
Each county jail shall submit a report to the commission before June 15 of each year
that includes, for the preceding calendar year:
(a)
the average daily prisoner population each month;
(b)
the number of prisoners in the county jail on the last day of each month who identify
as each race or ethnicity included in the Standards for Transmitting Race and
Ethnicity published by the United States Federal Bureau of Investigation;
(c)
the number of prisoners booked into the county jail;
(d)
the number of prisoners held in the county jail each month on behalf of each of the
following entities:
(i)
the Bureau of Indian Affairs;
(ii)
a state prison;
(iii)
a federal prison;
(iv)
the United States Immigration and Customs Enforcement; and
(v)
any other entity with which a county jail has entered a contract to house inmates
on the entity's behalf;
(e)
the number of prisoners that are denied pretrial release and held in the custody of the
county jail while the prisoner awaited final disposition of the prisoner's criminal
charges;
(f)
for each prisoner booked into the county jail:
(i)
the name of the agency that arrested the prisoner;
(ii)
the date and time the prisoner was booked into and released from the custody of
the county jail;
(iii)
if the prisoner was released from the custody of the county jail, the reason the
inmate was released from the custody of the county jail;
(iv)
if the prisoner was released from the custody of the county jail on a financial
condition, whether the financial condition was set by a county sheriff or a court;
(v)
the number of days the prisoner was held in the custody of the county jail before
disposition of the prisoner's criminal charges;
(vi)
whether the prisoner was released from the custody of the county jail before final
disposition of the prisoner's criminal charges; and
(vii)
the prisoner's state identification number;
(g)
the number of in-custody deaths that occurred at the county jail;
(h)
for each in-custody death:
(i)
the deceased's name, gender, race, ethnicity, age, and known or suspected medical
diagnosis or disability, if any;
(ii)
the date, time, and location of death;
(iii)
the law enforcement agency that detained, arrested, or was in the process of
arresting the deceased; and
(iv)
a brief description of the circumstances surrounding the death;
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors of
each of the in-custody deaths described in Subsection
(2)(g)
;
(j)
the county jail's policy for notifying an inmate's next of kin after the prisoner's
in-custody death;
(k)
the county jail policies, procedures, and protocols:
(i)
for treatment of a prisoner experiencing withdrawal from alcohol or substance use,
including use of
opiates
opioid-like substances
;
(ii)
that relate to the county jail's provision, or lack of provision, of medications used
to treat, mitigate, or address a prisoner's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii)
that relate to screening, assessment, and treatment of a prisoner for a substance
use or mental health disorder, including the policies, procedures, and protocols
that implement the requirements described in Section
17-72-501
;
(l)
(i)
the number of prisoners whose screening described in Section
17-72-501

indicated the presence of a substance use disorder; and
(ii)
of the prisoners whose screening indicated the presence of a substance use
disorder, the number of prisoners who received medication under a medication
assisted treatment plan; and
(m)
any report the county jail provides or is required to provide under federal law or
regulation relating to prisoner deaths.
(2)
(a)
Subsection
(1)
does not apply to a county jail if the county jail:
(i)
collects and stores the data described in Subsection
(1)
; and
(ii)
enters into a memorandum of understanding with the commission that allows the
commission to access the data described in Subsection
(1)
.
(b)
The memorandum of understanding described in Subsection
(2)(a)(ii)
shall include a
provision to protect any information related to an ongoing investigation and comply
with all applicable federal and state laws.
(c)
If the commission accesses data from a county jail in accordance with Subsection
(2)(a)
, the commission may not release a report prepared from that data, unless:
(i)
the commission provides the report for review to:
(A)
the county jail; and
(B)
any arresting agency that is named in the report; and
(ii)
(A)
the county jail approves the report for release;
(B)
the county jail reviews the report and prepares a response to the report to be
published with the report; or
(C)
the county jail fails to provide a response to the report within four weeks after
the day on which the commission provides the report to the county jail.
(3)
The commission shall:
(a)
compile the information from the reports described in Subsection
(1)
;
(b)
omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law;
(c)
submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the Utah Substance Use and Mental Health Advisory Committee
before November 1 of each year; and
(d)
submit the compilation to the protection and advocacy agency designated by the
governor before November 1 of each year.
(4)
The commission may not provide access to or use a county jail's policies, procedures, or
protocols submitted under this section in a manner or for a purpose not described in this
section.
(5)
Upon request, a county jail shall make a report, including only the names and causes of
death of deceased inmates and the facility in which the deceased inmates were being
held in custody, available to the public.
Section 3. Section
26B-4-501
is amended to read:
26B-4-501
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Controlled substance" means the same as that term is defined in Title 58, Chapter 37,
Utah Controlled Substances Act.
(2)
"Critical access hospital" means a critical access hospital that meets the criteria of 42
U.S.C. Sec. 1395i-4(c)(2).
(3)
"Designated facility" means:
(a)
a freestanding urgent care center;
(b)
a general acute hospital; or
(c)
a critical access hospital.
(4)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(5)
"Division" means the Division of Professional Licensing created in Section
58-1-103
.
(6)
"Emergency contraception" means the use of a substance, approved by the United States
Food and Drug Administration, to prevent pregnancy after sexual intercourse.
(7)
"Freestanding urgent care center" means the same as that term is defined in Section
59-12-801
.
(8)
"General acute hospital" means the same as that term is defined in Section
26B-2-201
.
(9)
"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)
"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)
"Increased risk" means risk exceeding the risk typically experienced by an individual
who is not using, and is not likely to use, an
opiate
opioid-like substance
.
(12)
"
Opiate
Opioid-like substance
" means the same as that term is defined in Section
58-37-2
.
(13)
"
Opiate
Opioid
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
opioid-
related
drug
overdose.
(14)
"
Opiate-related
Opioid-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)
"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)
"Patient counseling" means the same as that term is defined in Section
58-17b-102
.
(17)
"Pharmacist" means the same as that term is defined in Section
58-17b-102
.
(18)
"Pharmacy intern" means the same as that term is defined in Section
58-17b-102
.
(19)
"Physician" means the same as that term is defined in Section
58-67-102
.
(20)
"Practitioner" means:
(a)
a physician; or
(b)
any other person who is permitted by law to prescribe emergency contraception.
(21)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(22)
(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)
(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)
"Victim of sexual assault" means any person who presents to receive, or receives,
medical care in consequence of being subjected to sexual assault.
Section 4. Section
26B-4-508
is amended to read:
26B-4-508
Effective
05/06/26
. Voluntary participation.
Sections
26B-4-509
through
26B-4-514
do not create a duty or standard of care for a
person to prescribe or administer an
opiate
opioid
antagonist.
The following section is affected by a coordination clause at the end of this bill.
Section 5. Section
26B-4-509
is amended to read:
26B-4-509
Effective
05/06/26
. Prescribing, dispensing, and administering an
opioid antagonist -- Immunity from liability.
(1)
(a)
(i)
For purposes of Subsection
(1)(a)(ii)
, "a person other than a health care
facility or health care provider" includes the following, regardless of whether the
person has received funds from the department through the
Opiate
Opioid

Overdose Outreach Pilot Program created in Section
26B-4-512
:
(A)
a person described in Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
;
or
(B)
an organization, defined by department rule made under Subsection
26B-4-512(7)(e)
, that is in a position to assist an individual who is at increased
risk of experiencing an
opiate-related
opioid-related
drug overdose event.
(ii)
Except as provided in Subsection
(1)(b)
, the following persons are not liable for
any civil damages for acts or omissions made as a result of administering an
opiate
opioid
antagonist when the person acts in good faith to administer the
opiate
opioid
antagonist to an individual whom the person believes to be
experiencing an
opiate-related
opioid-related
drug overdose event:
(A)
an overdose outreach provider; or
(B)
a person other than a health care facility or health care provider.
(b)
A health care provider:
(i)
is not immune from liability under Subsection
(1)(a)
when the health care provider
is acting within the scope of the health care provider's responsibilities or duty of
care; and
(ii)
is immune from liability under Subsection
(1)(a)
if the health care provider is
under no legal duty to respond and otherwise complies with Subsection
(1)(a)
.
(2)
Notwithstanding Sections
58-1-501
,
58-17b-501
, and
58-17b-502
, a health care provider
who is licensed to prescribe an
opiate
opioid
antagonist may prescribe, including by a
standing prescription drug order issued in accordance with Subsection
26B-4-510(2)
, or
dispense an
opiate
opioid
antagonist:
(a)
(i)
to an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event;
(ii)
for an individual described in Subsection
(2)(a)(i)
, to a family member, friend, or
other person, including a person described in Subsections
26B-4-512(1)(a)(i)(A)

through
(1)(a)(i)(F)
, that is in a position to assist the individual; or
(iii)
to an overdose outreach provider for:
(A)
furnishing the
opiate
opioid
antagonist to an individual described in
Subsection
(2)(a)(i)
or
(ii)
, as provided in Section
26B-4-511
; or
(B)
administering to an individual experiencing an
opiate-related
opioid-related

drug overdose event;
(b)
without a prescriber-patient relationship; and
(c)
without liability for any civil damages for acts or omissions made as a result of
prescribing or dispensing the
opiate
opioid
antagonist in good faith.
(3)
A health care provider who dispenses an
opiate
opioid
antagonist to an individual or an
overdose outreach provider under Subsection
(2)(a)
shall provide education to the
individual or overdose
outreach
provider that includes written instruction
on

how to:
(a)
recognize an
opiate-related
opioid-related
drug overdose event; and
(b)
respond appropriately to an
opiate-related
opioid-related
drug overdose event,
including how to:
(i)
administer an
opiate
opioid
antagonist; and
(ii)
ensure that an individual to whom an
opiate
opioid
antagonist has been
administered receives, as soon as possible, additional medical care and a medical
evaluation.
The following section is affected by a coordination clause at the end of this bill.
Section 6. Section
26B-4-510
is amended to read:
26B-4-510
Effective
05/06/26
. Standing prescription drug orders for an opioid
antagonist.
(1)
Notwithstanding
Title 58, Chapter 17b, Pharmacy Practice Act
, a person licensed under
Title 58, Chapter 17b, Pharmacy Practice Act
, to dispense an
opiate
opioid
antagonist
may dispense the
opiate
opioid
antagonist:
(a)
pursuant to a standing prescription drug order made in accordance with Subsection
(2)
; and
(b)
without any other prescription drug order from a person licensed to prescribe an
opiate
opioid
antagonist.
(2)
A physician who is licensed to prescribe an
opiate
opioid
antagonist, including a
physician acting in the physician's capacity as an employee of the department, or a
medical director of a local health department, as defined in Section
26B-4-512
26A-1-102
, may issue a standing prescription drug order authorizing the dispensing of
the
opiate
opioid
antagonist under Subsection
(1)
in accordance with a protocol that:
(a)
limits dispensing of the
opiate
opioid
antagonist to:
(i)
an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event;
(ii)
a family member of, friend of, or other person, including a person described in
Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
, that is in a position to
assist an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(iii)
an overdose outreach provider for:
(A)
furnishing to an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event, or to a family member of,
friend of, or other individual who is in a position to assist an individual who is
at increased risk of experiencing an
opiate-related
opioid-related
drug
overdose event, as provided in Section
26B-4-511
; or
(B)
administering to an individual experiencing an
opiate-related
opioid-related

drug overdose event;
(b)
requires the physician to specify the persons, by professional license number,
authorized to dispense the
opiate
opioid
antagonist;
(c)
requires the physician to review at least annually the dispensing practices of those
authorized by the physician to dispense the
opiate
opioid
antagonist;
(d)
requires those authorized by the physician to dispense the
opiate
opioid
antagonist
to make and retain a record of each person to whom the
opiate
opioid
antagonist is
dispensed, which shall include:
(i)
the name of the person;
(ii)
the drug dispensed; and
(iii)
other relevant information; and
(e)
is approved by the Division of Professional Licensing within the Department of
Commerce by administrative rule made in accordance with
Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
.
The following section is affected by a coordination clause at the end of this bill.
Section 7. Section
26B-4-511
is amended to read:
26B-4-511
Effective
05/06/26
. Overdose outreach providers.
Notwithstanding Sections
58-1-501
,
58-17b-501
, and
58-17b-502
:
(1)
an overdose outreach provider may:
(a)
obtain an
opiate
opioid
antagonist dispensed on prescription by:
(i)
a health care provider, in accordance with Subsections
26B-4-509(2)
and
(3)
; or
(ii)
a pharmacist or pharmacy intern, as otherwise authorized by
Title 58, Chapter
17b, Pharmacy Practice Act
;
(b)
store the
opiate
opioid
antagonist; and
(c)
furnish the
opiate
opioid
antagonist:
(i)
(A)
to an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(B)
to a family member, friend, overdose outreach provider, or other individual
who is in a position to assist an individual who is at increased risk of
experiencing an
opiate-related
opioid-related
drug overdose event; and
(ii)
without liability for any civil damages for acts or omissions made as a result of
furnishing the
opiate
opioid
antagonist in good faith; and
(2)
when furnishing an
opiate
opioid
antagonist under Subsection
(1)
, an overdose
outreach provider:
(a)
shall also furnish to the recipient of the
opiate
opioid
antagonist:
(i)
the written instruction under Subsection
26B-4-504(3)
26B-4-509(3)
received by
the overdose outreach provider from the health care provider at the time the
opiate
opioid
antagonist was dispensed to the overdose outreach provider; or
(ii)
if the
opiate
opioid
antagonist was dispensed to the overdose outreach provider
by a pharmacist or pharmacy intern, any written patient counseling under Section
58-17b-613
received by the overdose outreach provider at the time of dispensing;
and
(b)
may provide additional instruction on how to recognize and respond appropriately to
an
opiate-related
opioid-related
drug overdose event.
Section 8. Section
26B-4-512
is amended to read:
26B-4-512
Effective
05/06/26
. Opioid Overdose Outreach Pilot Program --
Grants -- Annual reporting by grantees -- Rulemaking -- Annual reporting by
department.
(1)
As used in this section:
(a)
"Persons that are in a position to assist an individual who is at increased risk of
experiencing an
opiate-related
opioid-related
drug overdose event":
(i)
means the following organizations:
(A)
a law enforcement agency;
(B)
the department or a local health department, as defined in Section
26A-1-102
;
(C)
an organization that provides drug or alcohol treatment services;
(D)
an organization that provides services to the homeless;
(E)
an organization that provides training on the proper administration of an
opiate
opioid
antagonist in response to an
opiate-related
opioid-related
drug
overdose event;
(F)
a school; or
(G)
except as provided in Subsection
(1)(a)(ii)
, any other organization, as defined
by department rule made under Subsection
(7)(e)
, that is in a position to assist
an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; and
(ii)
does not mean:
(A)
a person licensed under
Title 58, Chapter 17b, Pharmacy Practice Act
;
(B)
a health care facility; or
(C)
an individual.
(b)
"School" means:
(i)
a public school:
(A)
for elementary or secondary education, including a charter school; or
(B)
for other purposes;
(ii)
a private school:
(A)
for elementary or secondary education; or
(B)
accredited for other purposes, including higher education or specialty training;
or
(iii)
an institution of higher education, listed in Section
53H-1-102
.
(2)
There is created within the department the
"Opiate
"Opioid
Overdose Outreach Pilot
Program."
(3)
The department may use funds appropriated for the program to:
(a)
provide grants under Subsection
(4)
;
(b)
promote public awareness of the signs, symptoms, and risks of opioid misuse and
overdose;
(c)
increase the availability of educational materials and other resources designed to
assist individuals at increased risk of opioid overdose, their families, and others in a
position to help prevent or respond to an overdose event;
(d)
increase public awareness of, access to, and use of
opiate
an opioid
antagonist;
(e)
update the department's Utah Clinical Guidelines on Prescribing Opioids
for
Treatment of Pain
and promote its use by prescribers and dispensers of opioids;
(f)
develop a directory of substance misuse treatment programs and promote its
dissemination to and use by opioid prescribers, dispensers, and others in a position to
assist individuals at increased risk of opioid overdose;
(g)
coordinate a multi-agency coalition to address opioid misuse and overdose; and
(h)
maintain department data collection efforts designed to guide the development of
opioid overdose interventions and track their effectiveness.
(4)
No later than September 1, 2016, and with available funding, the department shall grant
funds through the program to persons that are in a position to assist an individual who is
at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event.
(5)
Funds granted by the program:
(a)
may be used by a grantee to:
(i)
pay for the purchase by the grantee of an
opiate
opioid
antagonist; or
(ii)
pay for the grantee's cost of providing training on the proper administration of an
opiate
opioid
antagonist in response to an
opiate-related
opioid-related
drug
overdose event; and
(b)
may not be used:
(i)
to pay for costs associated with the storage or dispensing of an
opiate
opioid

antagonist; or
(ii)
for any other purposes.
(6)
Grantees shall report annually to the department on the use of granted funds in
accordance with department rules made under Subsection
(7)(d)
.
(7)
No later than July 1, 2016, the department shall, in accordance with
Title 63G, Chapter
3, Utah Administrative Rulemaking Act
, make rules specifying:
(a)
how to apply for a grant from the program;
(b)
the criteria used by the department to determine whether a grant request is approved,
including criteria providing that:
(i)
grants are awarded to areas of the state, including rural areas, that would benefit
most from the grant; and
(ii)
no more than 15% of the total amount granted by the program is used to pay for
grantees' costs of providing training on the proper administration of an
opiate
opioid
antagonist in response to an
opiate-related
opioid-related
drug overdose
event;
(c)
the criteria used by the department to determine the amount of a grant;
(d)
the information a grantee shall report annually to the department under Subsection
(6)
,
including:
(i)
the amount of
opiate
opioid
antagonist purchased and dispensed by the grantee
during the reporting period;
(ii)
the number of individuals to whom the
opiate
opioid
antagonist was dispensed
by the grantee;
(iii)
the number of lives known to have been saved during the reporting period as a
result of
opiate
an opioid
antagonist dispensed by the grantee; and
(iv)
the manner in which the grantee shall record, preserve, and make available for
audit by the department the information described in Subsections
(7)(d)(i)
through
(7)(d)(iii)
; and
(e)
as required by Subsection
(1)(a)(i)(G)
, any other organization that is in a position to
assist an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event.
Section 9. Section
26B-4-513
is amended to read:
26B-4-513
Effective
05/06/26
. Coprescription guidelines.
(1)
As used in this section:
(a)
"Controlled substance prescriber" means the same as that term is defined in Section
58-37-6.5
.
(b)
"Coprescribe" means to issue a prescription for an
opiate
opioid
antagonist with a
prescription for an
opiate
opioid-like substance
.
(2)
The department shall, in consultation with the Medical Licensing Board created in
Section
58-67-201
, and the Division of Professional Licensing created in Section
58-1-103
, establish by rule, made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, scientifically based guidelines for controlled substance
prescribers to coprescribe an
opiate
opioid
antagonist to a patient.
Section 10. Section
26B-4-514
is amended to read:
26B-4-514
Effective
05/06/26
. Opioid-like substance abuse prevention
pamphlet.
(1)
As funding is available, the department shall produce and distribute, in conjunction with
the Office of Substance Use and Mental Health, a pamphlet about
opiates
opioid-like
substances
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 11. Section
26B-7-110
is amended to read:
26B-7-110
Effective
05/06/26
. Duty to establish program to reduce deaths and
other harm from prescription opioid-like substances used for chronic noncancer pain.
(1)
As used in this section, "
opiate
opioid-like substance
" means any drug or other
substance having an addiction-forming or addiction-sustaining liability similar to
morphine or being capable of conversion into a drug having addiction-forming or
addiction-sustaining liability.
(2)
In addition to the duties listed in Section
26B-1-202
, the department shall develop and
implement a two-year program in coordination with the Division of Professional
Licensing, the Utah Labor Commission, and the Utah attorney general, to:
(a)
investigate the causes of and risk factors for death and nonfatal complications of
prescription
opiate
opioid-like substance
use and misuse in Utah for chronic pain by
utilizing the Utah Controlled Substance Database created in Section
58-37f-201
;
(b)
study the risks, warning signs, and solutions to the risks associated with prescription
opiate
opioid-like substance
medications for chronic pain, including risks and
prevention of misuse and diversion of those medications;
(c)
provide education to health care providers, patients, insurers, and the general public
on the appropriate management of chronic pain, including the effective use of
medical treatment and quality care guidelines that are scientifically based and peer
reviewed; and
(d)
educate the public regarding:
(i)
the purpose of the Controlled Substance Database established in Section
58-37f-201
; and
(ii)
the requirement that a person's name and prescription information be recorded on
the database when the person fills a prescription for a schedule II, III, IV, or V
controlled substance.
Section 12. Section
26B-7-117
is amended to read:
26B-7-117
Effective
05/06/26
. Syringe exchange and education.
(1)
The following may operate a syringe exchange program in the state to prevent the
transmission of disease, reduce morbidity and mortality, and facilitate access to
treatment and recovery services among individuals who inject drugs, and those
individuals' contacts:
(a)
a government entity, including:
(i)
the department;
(ii)
a local health department; or
(iii)
a local substance abuse authority, as defined in Section
26B-5-101
;
(b)
a nongovernment entity, including:
(i)
a nonprofit organization; or
(ii)
a for-profit organization; or
(c)
any other entity that complies with Subsections
(2)
and
(4)
.
(2)
An entity operating a syringe exchange program in the state shall:
(a)
facilitate the exchange of an individual's used syringe for one or more new syringes
in sealed sterile packages;
(b)
ensure that a recipient of a new syringe is given verbal and written instruction on:
(i)
methods for preventing the transmission of blood-borne diseases, including
hepatitis C and human immunodeficiency virus; and
(ii)
options for obtaining:
(A)
services for the treatment of a substance use disorder;
(B)
testing for a blood-borne disease; and
(C)
an
opiate
opioid
antagonist, as that term is defined in Section
26B-4-501
; and
(c)
report annually to the department the following information about the program's
activities:
(i)
the number of individuals who have exchanged syringes;
(ii)
the number of used syringes exchanged for new syringes;
(iii)
the number of new syringes provided in exchange for used syringes;
(iv)
information the program provided to individuals about recovery and treatment
resources; and
(v)
of the individuals who have exchanged syringes, the number of individuals who
received services for the treatment of a substance use disorder within 12 months
of exchanging syringes.
(3)
A person that is licensed by the department to provide residential treatment for a
substance use disorder shall include as part of the person's admissions materials a
question asking whether the individual seeking treatment has ever received services
from a syringe exchange program.
(4)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, as necessary or advisable to implement the provisions
of this section, including rules:
(a)
specifying requirements for:
(i)
syringe distribution;
(ii)
data collection; and
(iii)
the evaluation of an entity operating a syringe exchange program to ensure
compliance with applicable statutes and rules; and
(b)
specifying how and when an entity operating a syringe exchange program shall make
the report required by Subsection
(2)(c)
.
(5)
An entity operating a syringe exchange program may not facilitate the exchange of
syringes at a homeless shelter, as that term is defined in Section
35A-16-501
, or
permanent supportive housing.
(6)
(a)
The use of state funds to operate a syringe exchange program is prohibited.
(b)
Nothing in this section should be construed to prohibit the use or distribution of
municipal, county, or federal funds in operating or financing a syringe exchange
program under this section.
Section 13. Section
53G-9-502
is amended to read:
53G-9-502
Effective
05/06/26
. Administration of medication to students --
Prerequisites -- Immunity from liability -- Applicability.
(1)
A public or private school that holds any classes in grades kindergarten through 12 may
provide for the administration of medication, including epinephrine nasal spray as that
term is defined in Section
26B-4-401
, to any student during periods when the student is
under the control of the school, subject to the following conditions:
(a)
the local school board, charter school governing board, or the private equivalent,
after consultation with the Department of Health and Human Services and school
nurses shall adopt policies that provide for:
(i)
the designation of volunteer employees who may administer medication;
(ii)
proper identification and safekeeping of medication;
(iii)
the training of designated volunteer employees by the school nurse;
(iv)
maintenance of records of administration; and
(v)
notification to the school nurse of medication that will be administered to
students; and
(b)
medication may only be administered to a student if:
(i)
the student's parent has provided a current written and signed request that
medication be administered during regular school hours to the student; and
(ii)
the student's licensed health care provider has prescribed the medication and
provides documentation as to the method, amount, and time schedule for
administration, and a statement that administration of medication by school
employees during periods when the student is under the control of the school is
medically necessary.
(2)
Authorization for administration of medication by school personnel may be withdrawn
by the school at any time following actual notice to the student's parent.
(3)
School personnel who provide assistance under Subsection
(1)
in substantial compliance
with the licensed health care provider's written prescription and the employers of these
school personnel are not liable, civilly or criminally, for:
(a)
any adverse reaction suffered by the student as a result of taking the medication; and
(b)
discontinuing the administration of the medication under Subsection
(2)
.
(4)
Subsections
(1)
through
(3)
do not apply to:
(a)
the administration of glucagon in accordance with Section
53G-9-504
;
(b)
the administration of a seizure rescue medication in accordance with Section
53G-9-505
;
(c)
the administration of an
opiate
opioid
antagonist in accordance with Title 26B,
Chapter 4, Part 5, Treatment Access; or
(d)
the administration of an adrenal insufficiency medication in accordance with Section
53G-9-507
.
Section 14. Section
58-17b-309
is amended to read:
58-17b-309
Effective
05/06/26
. Exemptions from licensure.
In addition to the exemptions from licensure in Section
58-1-307
, the following
individuals may engage in the acts or practices described in this section without being licensed
under this chapter:
(1)
a person selling or providing contact lenses in accordance with Section
58-16a-801
;
(2)
an animal shelter that:
(a)
under the indirect supervision of a veterinarian, stores, handles, or administers a drug
used for euthanising an animal; and
(b)
under the indirect supervision of a veterinarian who is under contract with the animal
shelter, stores, handles, or administers a rabies vaccine;
(3)
an overdose outreach provider, as defined in Section
26B-4-501
, that obtains, stores, or
furnishes an
opiate
opioid
antagonist in accordance with
Title 26B, Chapter 4, Part 5,
Treatment Access
; and
(4)
a dispensing practitioner, as defined in Section
58-88-201
, dispensing a drug under
Chapter 88, Part 2, Dispensing Practice
.
The following section is affected by a coordination clause at the end of this bill.
Section 15. Section
58-17b-507
is amended to read:
58-17b-507
Effective
05/06/26
. Opioid antagonist -- Immunity from liability --
Exclusion from unlawful or unprofessional conduct.
(1)
As used in this section:
(a)
"
Opiate
Opioid
antagonist" means the same as that term is defined in Section
26B-4-501
.
(b)
"
Opiate-related
Opioid-related
drug overdose event" means the same as that term is
defined in Section
26B-4-501
.
(2)
A person licensed under this chapter that dispenses an
opiate
opioid
antagonist to an
individual with a prescription for an
opiate
opioid
antagonist, to an overdose outreach
provider with a prescription for an
opiate
opioid
antagonist, or pursuant to a standing
prescription drug order issued in accordance with Subsection
26B-4-510(2)
is not liable
for any civil damages resulting from the outcomes of the eventual administration of the
opiate
opioid
antagonist to an individual who another individual believes is experiencing
an
opiate-related
opioid-related
drug overdose event.
(3)
The provisions of this section and
Title 26B, Chapter 4, Part 5, Treatment Access
, do
not establish a duty or standard of care in the prescribing, dispensing, or administration
of an
opiate
opioid
antagonist.
(4)
It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to
dispense an
opiate
opioid
antagonist to a person, including a person described in
Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
, on behalf of an individual if the
person obtaining the
opiate
opioid
antagonist has a prescription for the
opiate
opioid

antagonist from a licensed prescriber or the
opiate
opioid
antagonist is dispensed
pursuant to a standing prescription drug order issued in accordance with Subsection
26B-4-510(2)
.
(5)
It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to
dispense an
opiate
opioid
antagonist to an overdose outreach provider if the overdose
outreach provider has a prescription for the
opiate
opioid
antagonist from a licensed
prescriber issued
pursuant to
Subsection
26B-4-509(2)(a)(iii)
.
The following section is affected by a coordination clause at the end of this bill.
Section 16. Section
58-31b-703
is amended to read:
58-31b-703
Effective
05/06/26
. Opioid antagonist -- Exclusion from
unprofessional or unlawful conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
"
Opiate
Opioid
antagonist" means the same as that term is defined in Section
26B-4-501
.
(d)
"
Opiate-related
Opioid-related
drug overdose event" means the same as that term is
defined in Section
26B-4-501
.
(e)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(2)
The prescribing or dispensing of an
opiate
opioid
antagonist by a licensee under this
chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed
the
opiate
opioid
antagonist:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(ii)
a family member of, friend of, or other person, including a person described in
Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
, that is in a position to
assist an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(b)
to an overdose outreach provider
pursuant to
Section
26B-4-509
.
(3)
The provisions of this section and
Title 26B, Chapter 4, Part 5, Treatment Access
, do
not establish a duty or standard of care in the prescribing, dispensing, or administration
of an
opiate
opioid
antagonist.
Section 17. Section
58-37-2
is amended to read:
58-37-2
Effective
05/06/26
. Definitions.
(1)
As used in this chapter:
(a)
"Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or
research subject by:
(i)
a practitioner or, in the practitioner's presence, by the practitioner's authorized
agent; or
(ii)
the patient or research subject at the direction and in the presence of the
practitioner.
(b)
"Agent" means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or practitioner but does not include a motor carrier, public
warehouseman, or employee of any of them.
(c)
"Consumption" means ingesting or having any measurable amount of a controlled
substance in a person's body, but this Subsection
(1)(c)
does not include the
metabolite of a controlled substance.
(d)
"Continuing criminal enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, association, or other legal entity, and any
union or groups of individuals associated in fact although not a legal entity, and
includes illicit as well as licit entities created or maintained for the purpose of
engaging in conduct which constitutes the commission of episodes of activity made
unlawful by this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b,
Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise.
(e)
"Control" means to add, remove, or change the placement of a drug, substance, or
immediate precursor under Section
58-37-3
.
(f)
(i)
"Controlled substance" means a drug or substance:
(A)
included in Schedules I, II, III, IV, or V of Section
58-37-4
;
(B)
included in Schedules I, II, III, IV, or V of the federal Controlled Substances
Act, Title II, P.L. 91-513;
(C)
that is a controlled substance analog; or
(D)
listed in Section
58-37-4.2
.
(ii)
"Controlled substance" does not include:
(A)
distilled spirits, wine, or malt beverages, as those terms are defined in Title
32B, Alcoholic Beverage Control Act;
(B)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in human or other animals, which contains ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is
lawfully purchased, sold, transferred, or furnished as an over-the-counter
medication without prescription; or
(C)
dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which:
(I)
are not otherwise regulated by law; and
(II)
may contain naturally occurring amounts of chemical or substances listed
in this chapter, or in
rules adopted pursuant to
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(g)
(i)
"Controlled substance analog" means:
(A)
a substance the chemical structure of which is substantially similar to the
chemical structure of a controlled substance listed in Schedules I and II of
Section
58-37-4
, a substance listed in Section
58-37-4.2
, or in Schedules I and
II of the federal Controlled Substances Act, Title II, P.L. 91-513;
(B)
a substance that has a stimulant, depressant, or hallucinogenic effect on the
central nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of controlled substances
listed in Schedules I and II of Section
58-37-4
, substances listed in Section
58-37-4.2
, or substances listed in Schedules I and II of the federal Controlled
Substances Act, Title II, P.L. 91-513; or
(C)
A
a
substance that, with respect to a particular individual, is represented or
intended to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of controlled substances
listed in Schedules I and II of Section
58-37-4
, substances listed in Section
58-37-4.2
, or substances listed in Schedules I and II of the federal Controlled
Substances Act, Title II, P.L. 91-513.
(ii)
"Controlled substance analog" does not include:
(A)
a controlled substance currently scheduled in Schedules I through V of
Section
58-37-4
;
(B)
a substance for which there is an approved new drug application;
(C)
a substance with respect to which an exemption is in effect for investigational
use by a particular person under Section 505 of the Food, Drug, and Cosmetic
Act, 21 U.S.C.
Sec.
355, to the extent the conduct with respect to the substance
is permitted by the exemption;
(D)
any substance to the extent not intended for human consumption before an
exemption takes effect with respect to the substance;
(E)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in man or other animals, which contains ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is
lawfully purchased, sold, transferred, or furnished as an over-the-counter
medication without prescription; or
(F)
dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which are not otherwise regulated by law,
which may contain naturally occurring amounts of chemical or substances
listed in this chapter, or in
rules adopted pursuant to
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(h)
(i)
"Conviction" means a determination of guilt by verdict, whether jury or bench,
or plea, whether guilty or no contest, for any offense proscribed by:
(A)
this chapter;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act; or
(ii)
for any offense under the laws of the United States and any other state which, if
committed in this state, would be an offense under:
(A)
this chapter;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act.
(i)
"Counterfeit substance" means:
(i)
any controlled substance or container or labeling of any controlled substance that:
(A)
without authorization bears the trademark, trade name, or other identifying
mark, imprint, number, device, or any likeness of them, of a manufacturer,
distributor, or dispenser other than the person or persons who in fact
manufactured, distributed, or dispensed the substance which falsely purports to
be a controlled substance distributed by any other manufacturer, distributor, or
dispenser; and
(B)
a reasonable person would believe to be a controlled substance distributed by
an authorized manufacturer, distributor, or dispenser based on the appearance
of the substance as described under Subsection
(1)(i)(i)(A)
or the appearance of
the container of that controlled substance; or
(ii)
any substance other than under Subsection
(1)(i)(i)
that:
(A)
is falsely represented to be any legally or illegally manufactured controlled
substance; and
(B)
a reasonable person would believe to be a legal or illegal controlled substance.
(j)
"Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
controlled substance or a listed chemical,
whether or not
an agency relationship exists.
(k)
"Department" means the Department of Commerce.
(l)
"Depressant or stimulant substance" means:
(i)
a drug which contains any quantity of barbituric acid or any of the salts of
barbituric acid;
(ii)
a drug which contains any quantity of:
(A)
amphetamine or any of its optical isomers;
(B)
any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(C)
any substance which the Secretary of Health and Human Services or the
Attorney General of the United States after investigation has found and by
regulation designated habit-forming because of its stimulant effect on the
central nervous system;
(iii)
lysergic acid diethylamide; or
(iv)
any drug which contains any quantity of a substance which the Secretary of
Health and Human Services or the Attorney General of the United States after
investigation has found to have, and by regulation designated as having, a
potential for abuse because of its depressant or stimulant effect on the central
nervous system or its hallucinogenic effect.
(m)
"Dispense" means the delivery of a controlled substance by a pharmacist to an
ultimate user
pursuant to
the lawful order or prescription of a practitioner, and
includes distributing to, leaving with, giving away, or disposing of that substance as
well as the packaging, labeling, or compounding necessary to prepare the substance
for delivery.
(n)
"Dispenser" means a pharmacist who dispenses a controlled substance.
(o)
"Distribute" means to deliver other than by administering or dispensing a controlled
substance or a listed chemical.
(p)
"Distributor" means a person who distributes controlled substances.
(q)
"Division" means the Division of Professional Licensing created in Section
58-1-103
.
(r)
(i)
"Drug" means:
(A)
a substance recognized in the official United States Pharmacopoeia, Official
Homeopathic Pharmacopoeia of the United States, or Official National
Formulary, or any supplement to any of them, intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in humans or
animals;
(B)
a substance that is required by any applicable federal or state law or rule to be
dispensed by prescription only or is restricted to administration by practitioners
only;
(C)
a substance other than food intended to affect the structure or any function of
the body of humans or other animals; and
(D)
substances intended for use as a component of any substance specified in
Subsections
(1)(r)(i)(A)
, (B), and (C).
(ii)
"Drug" does not include dietary supplements.
(iii)
"Drug" includes a food intended for human consumption that intentionally
contains a vaccine or vaccine material as provided in Section
4-5-107
.
(s)
"Drug dependent person" means any individual who unlawfully and habitually uses
any controlled substance to endanger the public morals, health, safety, or welfare, or
who is so dependent upon the use of controlled substances as to have lost the power
of self-control with reference to the individual's dependency.
(t)
(i)
"Food" means:
(A)
any nutrient or substance of plant, mineral, or animal origin other than a drug
as specified in this chapter, and normally ingested by human beings; and
(B)
foods for special dietary uses as exist by reason of a physical, physiological,
pathological, or other condition including the conditions of disease,
convalescence, pregnancy, lactation, allergy, hypersensitivity to food,
underweight, and overweight; uses for supplying a particular dietary need
which exist by reason of age including the ages of infancy and childbirth, and
also uses for supplementing and for fortifying the ordinary or unusual diet with
any vitamin, mineral, or other dietary property for use of a food.
(ii)
Any particular use of a food is a special dietary use regardless of the nutritional
purposes.
(u)
"Immediate precursor" means a substance which the Attorney General of the United
States has found to be, and by regulation designated as being, the principal compound
used or produced primarily for use in the manufacture of a controlled substance, or
which is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary to prevent,
curtail, or limit the manufacture of the controlled substance.
(v)
"Indian" means a member of an Indian tribe.
(w)
"Indian religion" means a religion:
(i)
the origin and interpretation of which is from within a traditional Indian culture or
community; and
(ii)
that is practiced by Indians.
(x)
"Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
community of Indians, including any Alaska Native village, which is legally
recognized as eligible for and is consistent with the special programs, services, and
entitlements provided by the United States to Indians because of their status as
Indians.
(y)
"Manufacture" means the production, preparation, propagation, compounding, or
processing of a controlled substance, either directly or indirectly by extraction from
substances of natural origin, or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis.
(z)
"Manufacturer" includes any person who packages, repackages, or labels any
container of any controlled substance, except pharmacists who dispense or compound
prescription orders for delivery to the ultimate consumer.
(aa)
(i)
"Marijuana" means all species of the genus cannabis and all parts of the genus,
whether growing or not, including:
(A)
seeds;
(B)
resin extracted from any part of the plant, including the resin extracted from
the mature stalks;
(C)
every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, seeds, or resin;
(D)
any synthetic equivalents of the substances contained in the plant cannabis
sativa or any other species of the genus cannabis which are chemically
indistinguishable and pharmacologically active; and
(E)
any component part or cannabinoid extracted or isolated from the plant,
including extracted or isolated tetrahydrocannabinols.
(ii)
"Marijuana" does not include:
(A)
the mature stalks of the plant;
(B)
fiber produced from the stalks;
(C)
oil or cake made from the seeds of the plant;
(D)
except as provided in Subsection
(1)(aa)(i)
, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks,
fiber, oil or cake;
(E)
the sterilized seed of the plant which is incapable of germination;
(F)
any compound, mixture, or preparation approved by the federal Food and
Drug Administration under the federal Food, Drug, and Cosmetic Act, 21
U.S.C. Sec. 301 et seq. that is not listed in a schedule of controlled substances
in Section
58-37-4
or in the federal Controlled Substances Act, Title II, P.L.
91-513; or
(G)
transportable industrial hemp concentrate as that term is defined in Section
4-41-102
.
(bb)
"Money" means officially issued coin and currency of the United States or any
foreign country.
(cc)
"Narcotic drug" means any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
(i)
opium, coca leaves, and
opiates
opioid-like substances
;
(ii)
a compound, manufacture, salt, derivative, or preparation of opium, coca leaves,
or
opiates
opioid-like substances
;
(iii)
opium poppy and poppy straw; or
(iv)
a substance, and any compound, manufacture, salt, derivative, or preparation of
the substance, which is chemically identical with any of the substances referred to
in Subsection
(1)(cc)(i)
, (ii), or (iii), except narcotic drug does not include
decocainized coca leaves or extracts of coca leaves which do not contain cocaine
or ecgonine.
(dd)
"Negotiable instrument" means documents, containing an unconditional promise to
pay a sum of money, which are legally transferable to another party by endorsement
or delivery.
(ee)
"
Opiate
Opioid-like substance
" means any drug or other substance having an
addiction-forming or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or addiction-sustaining
liability.
(ff)
"Opium poppy" means the plant of the species papaver somniferum L., except the
seeds of the plant.
(gg)
"Person" means any corporation, association, partnership, trust, other institution or
entity or one or more individuals.
(hh)
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(ii)
"Possession" or "use" means the joint or individual ownership, control, occupancy,
holding, retaining, belonging, maintaining, or the application, inhalation, swallowing,
injection, or consumption, as distinguished from distribution, of controlled
substances and includes individual, joint, or group possession or use of controlled
substances. For a person to be a possessor or user of a controlled substance, it is not
required that the person be shown to have individually possessed, used, or controlled
the substance, but it is sufficient if it is shown that the person jointly participated with
one or more persons in the use, possession, or control of any substances with
knowledge that the activity was occurring, or the controlled substance is found in a
place or under circumstances indicating that the person had the ability and the intent
to exercise dominion and control over the controlled substance.
(jj)
"Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
pharmacist, scientific investigator, pharmacy, hospital, or other person licensed,
registered, or otherwise permitted to distribute, dispense, conduct research with
respect to, administer, or use in teaching or chemical analysis a controlled substance
in the course of professional practice or research in this state.
(kk)
"Prescribe" means to issue a prescription:
(i)
orally or in writing; or
(ii)
by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(ll)
"Prescription" means an order issued:
(i)
by a licensed practitioner, in the course of that practitioner's professional practice
or by collaborative pharmacy practice agreement; and
(ii)
for a controlled substance or other prescription drug or device for use by a patient
or an animal.
(mm)
"Production" means the manufacture, planting, cultivation, growing, or harvesting
of a controlled substance.
(nn)
"Securities" means any stocks, bonds, notes, or other evidences of debt or of
property.
(oo)
"State" means the state of Utah.
(pp)
"Ultimate user" means any person who lawfully possesses a controlled substance
for the person's own use, for the use of a member of the person's household, or for
administration to an animal owned by the person or a member of the person's
household.
(2)
If a term used in this chapter is not defined, the definition and terms of Title 76, Utah
Criminal Code, shall apply.
Section 18. Section
58-37-4
is amended to read:
58-37-4
Effective
05/06/26
. Schedules of controlled substances -- Schedules I
through V -- Findings required -- Specific substances included in schedules.
(1)
There are established five schedules of controlled substances known as Schedules I, II,
III, IV, and V which consist of substances listed in this section.
(2)
Schedules I, II, III, IV, and V consist of the following drugs or other substances by the
official name, common or usual name, chemical name, or brand name designated:
(a)
Schedule I:
(i)
Unless specifically excepted or unless listed in another schedule, any of the
following
opiates
substances
, including their isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, when the existence of the isomers, esters,
ethers, and salts is possible within the specific chemical designation:
(A)
Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(B)
Acetyl fentanyl: (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
(C)
Acetylmethadol;
(D)
Acryl fentanyl (N-(1-Phenethylpiperidin-4-yl)-N-phenylacrylamide);
(E)
Allylprodine;
(F)
Alphacetylmethadol, except levo-alphacetylmethadol also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(G)
Alphameprodine;
(H)
Alphamethadol;
(I)
Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(J)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(K)
Benzylpiperazine;
(L)
Benzethidine;
(M)
Betacetylmethadol;
(N)
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide);
(O)
Beta-hydroxy-3-methylfentanyl, other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(P)
Betameprodine;
(Q)
Betamethadol;
(R)
Betaprodine;
(S)
Butyryl fentanyl (N-(1-(2-phenylethyl)-4-piperidinyl)-N-phenylbutyramide);
(T)
Clonitazene;
(U)
Cyclopropyl fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
(V)
Dextromoramide;
(W)
Diampromide;
(X)
Diethylthiambutene;
(Y)
Difenoxin;
(Z)
Dimenoxadol;
(AA)
Dimepheptanol;
(BB)
Dimethylthiambutene;
(CC)
Dioxaphetyl butyrate;
(DD)
Dipipanone;
(EE)
Ethylmethylthiambutene;
(FF)
Etizolam
(1-Methyl-6-o-chlorophenyl-8-ethyl-4H-s-triazolo[3,4-c]thieno[2,3-e]1,4-diazepine);
(GG)
Etonitazene;
(HH)
Etoxeridine;
(II)
Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]
furan-2-carboxamide);
(JJ)
Furethidine;
(KK)
Hydroxypethidine;
(LL)
Ketobemidone;
(MM)
Levomoramide;
(NN)
Levophenacylmorphan;
(OO)
Methoxyacetyl fentanyl
(2-Methoxy-N-(1-phenylethylpiperidinyl-4-yl)-N-acetamide);
(PP)
Morpheridine;
(QQ)
MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(RR)
Noracymethadol;
(SS)
Norlevorphanol;
(TT)
Normethadone;
(UU)
Norpipanone;
(VV)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]
propanamide);
(WW)
Para-fluoroisobutyryl fentanyl
(N-(4-Fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);
(XX)
PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(YY)
Phenadoxone;
(ZZ)
Phenampromide;
(AAA)
Phenibut;
(BBB)
Phenomorphan;
(CCC)
Phenoperidine;
(DDD)
Piritramide;
(EEE)
Proheptazine;
(FFF)
Properidine;
(GGG)
Propiram;
(HHH)
Racemoramide;
(III)
Tetrahydrofuran fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide);
(JJJ)
Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
(KKK)
Tianeptine;
(LLL)
Tilidine;
(MMM)
Trimeperidine;
(NNN)
3-methylfentanyl, including the optical and geometric isomers
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide);
(OOO)
3-methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(PPP)
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide also
known as U-47700; and
(QQQ)
4-cyano CUMYL-BUTINACA.
(ii)
Unless specifically excepted or unless listed in another schedule, any of the
following opium derivatives, their salts, isomers, and salts of isomers when the
existence of the salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(A)
Acetorphine;
(B)
Acetyldihydrocodeine;
(C)
Benzylmorphine;
(D)
Codeine methylbromide;
(E)
Codeine-N-Oxide;
(F)
Cyprenorphine;
(G)
Desomorphine;
(H)
Dihydromorphine;
(I)
Drotebanol;
(J)
Etorphine (except hydrochloride salt);
(K)
Heroin;
(L)
Hydromorphinol;
(M)
Methyldesorphine;
(N)
Methylhydromorphine;
(O)
Morphine methylbromide;
(P)
Morphine methylsulfonate;
(Q)
Morphine-N-Oxide;
(R)
Myrophine;
(S)
Nicocodeine;
(T)
Nicomorphine;
(U)
Normorphine;
(V)
Pholcodine; and
(W)
Thebacon.
(iii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of their salts, isomers, and salts
of isomers when the existence of the salts, isomers, and salts of isomers is possible
within the specific chemical designation; as used in this Subsection
(2)(a)(iii)

only, "isomer" includes the optical, position, and geometric isomers:
(A)
Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole;
-ET; and AET;
(B)
4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
4-bromo-2,5-dimethoxy-
-methylphenethylamine; 4-bromo-2,5-DMA;
(C)
4-bromo-2,5-dimethoxyphenethylamine, some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB;
2C-B, Nexus;
(D)
2,5-dimethoxyamphetamine, some trade or other names: 2,5-dimethoxy-
-methylphenethylamine; 2,5-DMA;
(E)
2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
(F)
4-methoxyamphetamine, some trade or other names: 4-methoxy-
-methylphenethylamine; paramethoxyamphetamine, PMA;
(G)
5-methoxy-3,4-methylenedioxyamphetamine;
(H)
4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
4-methyl-2,5-dimethoxy-
-methylphenethylamine; "DOM"; and "STP";
(I)
3,4-methylenedioxy amphetamine;
(J)
3,4-methylenedioxymethamphetamine (MDMA);
(K)
3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE,
MDEA;
(L)
N-hydroxy-3,4-methylenedioxyamphetamine, also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy
MDA;
(M)
3,4,5-trimethoxy amphetamine;
(N)
Bufotenine, some trade and other names: 3-(
-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol;
N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(O)
Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
(P)
Dimethyltryptamine, some trade or other names: DMT;
(Q)
Ibogaine, some trade and other names: 7-Ethyl-6,6
,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2]
azepino [5,4-b] indole; Tabernanthe iboga;
(R)
Lysergic acid diethylamide;
(S)
Marijuana;
(T)
Mescaline;
(U)
Parahexyl, some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
Synhexyl;
(V)
Peyote, meaning all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any
extract from any part of such plant, and every compound, manufacture, salts,
derivative, mixture, or preparation of such plant, its seeds or extracts
(Interprets 21 USC 812(c), Schedule I(c) (12));
(W)
N-ethyl-3-piperidyl benzilate;
(X)
N-methyl-3-piperidyl benzilate;
(Y)
Psilocybin;
(Z)
Psilocyn;
(AA)
Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis
(cannabis plant), except for marijuana as defined in Subsection
58-37-2(1)(aa)(i)(E)
, as well as synthetic equivalents of the substances
contained in the cannabis plant, or in the resinous extractives of Cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity to those substances contained
in the plant, such as the following:
1 cis or trans tetrahydrocannabinol, and
their optical isomers
6 cis or trans tetrahydrocannabinol, and their optical
isomers
3,4 cis or trans tetrahydrocannabinol, and its optical isomers, and since
nomenclature of these substances is not internationally standardized,
compounds of these structures, regardless of numerical designation of atomic
positions covered;
(BB)
Ethylamine analog of phencyclidine, some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
(CC)
Pyrrolidine analog of phencyclidine, some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(DD)
Thiophene analog of phencyclidine, some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine,
TPCP, TCP; and
(EE)
1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
(iv)
Unless specifically excepted or unless listed in another schedule, any material
compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers when the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(A)
Mecloqualone; and
(B)
Methaqualone.
(v)
Any material, compound, mixture, or preparation containing any quantity of the
following substances having a stimulant effect on the central nervous system,
including their salts, isomers, and salts of isomers:
(A)
Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
or 4,5-dihydro-5-phenyl-2-oxazolamine;
(B)
Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
(C)
Fenethylline;
(D)
Methcathinone, some other names: 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432,
its salts, optical isomers, and salts of optical isomers;
(E)
(
)cis-4-methylaminorex ((
)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(F)
N-ethylamphetamine; and
(G)
N,N-dimethylamphetamine, also known as
N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
(vi)
Any material, compound, mixture, or preparation which contains any quantity of
the following substances, including their optical isomers, salts, and salts of
isomers, subject to temporary emergency scheduling:
(A)
N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
(B)
N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
(vii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of gamma
hydroxy butyrate (gamma hydrobutyric acid), including its salts, isomers, and
salts of isomers.
(b)
Schedule II:
(i)
Unless specifically excepted or unless listed in another schedule, any of the
following substances whether produced directly or indirectly by extraction from
substances of vegetable origin, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
(A)
Opium and opiate, and any salt, compound, derivative, or preparation of
opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but including:
(I)
Raw opium;
(II)
Opium extracts;
(III)
Opium fluid;
(IV)
Powdered opium;
(V)
Granulated opium;
(VI)
Tincture of opium;
(VII)
Codeine;
(VIII)
Ethylmorphine;
(IX)
Etorphine hydrochloride;
(X)
Hydrocodone;
(XI)
Hydromorphone;
(XII)
Metopon;
(XIII)
Morphine;
(XIV)
Oxycodone;
(XV)
Oxymorphone; and
(XVI)
Thebaine;
(B)
Any salt, compound, derivative, or preparation which is chemically equivalent
or identical with any of the substances referred to in Subsection
(2)(b)(i)(A)
,
except that these substances may not include the isoquinoline alkaloids of
opium;
(C)
Opium poppy and poppy straw;
(D)
Coca leaves and any salt, compound, derivative, or preparation of coca leaves,
and any salt, compound, derivative, or preparation which is chemically
equivalent or identical with any of these substances, and includes cocaine and
ecgonine, their salts, isomers, derivatives, and salts of isomers and derivatives,
whether derived from the coca plant or synthetically produced, except the
substances may not include decocainized coca leaves or extraction of coca
leaves, which extractions do not contain cocaine or ecgonine; and
(E)
Concentrate of poppy straw, which means the crude extract of poppy straw in
either liquid, solid, or powder form which contains the phenanthrene alkaloids
of the opium poppy.
(ii)
Unless specifically excepted or unless listed in another schedule, any of the
following
opiates
substances
, including their isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, when the existence of the isomers, esters,
ethers, and salts is possible within the specific chemical designation, except
dextrorphan and levopropoxyphene:
(A)
Alfentanil;
(B)
Alphaprodine;
(C)
Anileridine;
(D)
Bezitramide;
(E)
Bulk dextropropoxyphene (nondosage forms);
(F)
Carfentanil;
(G)
Dihydrocodeine;
(H)
Diphenoxylate;
(I)
Fentanyl;
(J)
Isomethadone;
(K)
Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol,
levomethadyl acetate, or LAAM;
(L)
Levomethorphan;
(M)
Levorphanol;
(N)
Metazocine;
(O)
Methadone;
(P)
Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(Q)
Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid;
(R)
Pethidine (meperidine);
(S)
Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(T)
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(U)
Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(V)
Phenazocine;
(W)
Piminodine;
(X)
Racemethorphan;
(Y)
Racemorphan;
(Z)
Remifentanil; and
(AA)
Sufentanil.
(iii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system:
(A)
Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B)
Methamphetamine, its salts, isomers, and salts of its isomers;
(C)
Phenmetrazine and its salts; and
(D)
Methylphenidate.
(iv)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers when the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(A)
Amobarbital;
(B)
Glutethimide;
(C)
Pentobarbital;
(D)
Phencyclidine;
(E)
Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
1-piperidinocyclohexanecarbonitrile (PCC); and
(F)
Secobarbital.
(v)
(A)
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of
Phenylacetone.
(B)
Some of these substances may be known by trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone.
(vi)
Nabilone, another name for nabilone: (
)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
(vii)
A drug product or preparation that contains any component of marijuana,
including tetrahydrocannabinol, and is approved by the United States Food and
Drug Administration and scheduled by the Drug Enforcement Administration in
Schedule II of the federal Controlled Substances Act, Title II, P.L. 91-513.
(c)
Schedule III:
(i)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its
salts, isomers whether optical, position, or geometric, and salts of the isomers
when the existence of the salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(A)
Those compounds, mixtures, or preparations in dosage unit form containing
any stimulant substances listed in Schedule II, which compounds, mixtures, or
preparations were listed on August 25, 1971, as excepted compounds under
Section 1308.32 of Title 21 of the Code of Federal Regulations, and any other
drug of the quantitive composition shown in that list for those drugs or which
is the same except that it contains a lesser quantity of controlled substances;
(B)
Benzphetamine;
(C)
Chlorphentermine;
(D)
Clortermine; and
(E)
Phendimetrazine.
(ii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system:
(A)
Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of any of them, and one or more other active
medicinal ingredients which are not listed in any schedule;
(B)
Any suppository dosage form containing amobarbital, secobarbital, or
pentobarbital, or any salt of any of these drugs which is approved by the
United
States
Food and Drug Administration for marketing only as a suppository;
(C)
Any substance which contains any quantity of a derivative of barbituric acid
or any salt of any of them;
(D)
Chlorhexadol;
(E)
Buprenorphine;
(F)
Any drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under the
federal Food, Drug, and Cosmetic Act, Section 505;
(G)
Ketamine, its salts, isomers, and salts of isomers, some other names for
ketamine:
-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(H)
Lysergic acid;
(I)
Lysergic acid amide;
(J)
Methyprylon;
(K)
Sulfondiethylmethane;
(L)
Sulfonethylmethane;
(M)
Sulfonmethane; and
(N)
Tiletamine and zolazepam or any of their salts, some trade or other names for
a tiletamine-zolazepam combination product: Telazol, some trade or other
names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade
or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e]
[1,4]-diazepin-7(1H)-one, flupyrazapon.
(iii)
Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
a U.S. Food and Drug Administration approved drug product, some other names
for dronabinol:
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol,
or (-)-delta-9-(trans)-tetrahydrocannabinol.
(iv)
Nalorphine.
(v)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the free anhydrous base or
alkaloid:
(A)
Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with an equal or greater quantity of an isoquinoline
alkaloid of opium;
(B)
Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active non-narcotic ingredients in
recognized therapeutic amounts;
(C)
Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with a fourfold or greater quantity of
an isoquinoline alkaloid of opium;
(D)
Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(E)
Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with one or more active non-narcotic
ingredients in recognized therapeutic amounts;
(F)
Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(G)
Not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
or not more than 25 milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic amounts; and
(H)
Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams
with one or more active, non-narcotic ingredients in recognized therapeutic
amounts.
(vi)
Unless specifically excepted or unless listed in another schedule, anabolic
steroids including any of the following or any isomer, ester, salt, or derivative of
the following that promotes muscle growth:
(A)
Boldenone;
(B)
Chlorotestosterone (4-chlortestosterone);
(C)
Clostebol;
(D)
Dehydrochlormethyltestosterone;
(E)
Dihydrotestosterone (4-dihydrotestosterone);
(F)
Drostanolone;
(G)
Ethylestrenol;
(H)
Fluoxymesterone;
(I)
Formebulone (formebolone);
(J)
Mesterolone;
(K)
Methandienone;
(L)
Methandranone;
(M)
Methandriol;
(N)
Methandrostenolone;
(O)
Methenolone;
(P)
Methyltestosterone;
(Q)
Mibolerone;
(R)
Nandrolone;
(S)
Norethandrolone;
(T)
Oxandrolone;
(U)
Oxymesterone;
(V)
Oxymetholone;
(W)
Stanolone;
(X)
Stanozolol;
(Y)
Testolactone;
(Z)
Testosterone; and
(AA)
Trenbolone.
(vii)
Anabolic steroids expressly intended for administration through implants to
cattle or other nonhuman species, and approved by the Secretary of Health and
Human Services for use, may not be classified as a controlled substance.
(viii)
A drug product or preparation that contains any component of marijuana,
including tetrahydrocannabinol, and is approved by the United States Food and
Drug Administration and scheduled by the Drug Enforcement Administration in
Schedule III of the federal Controlled Substances Act, Title II, P.L. 91-513.
(ix)
Nabiximols.
(d)
Schedule IV:
(i)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing not more than 1 milligram of
difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit, or
any salts of any of them.
(ii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances, including its salts, isomers, and salts of isomers when the existence of
the salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(A)
Alprazolam;
(B)
Barbital;
(C)
Bromazepam;
(D)
Butorphanol;
(E)
Camazepam;
(F)
Carisoprodol;
(G)
Chloral betaine;
(H)
Chloral hydrate;
(I)
Chlordiazepoxide;
(J)
Clobazam;
(K)
Clonazepam;
(L)
Clorazepate;
(M)
Clotiazepam;
(N)
Cloxazolam;
(O)
Delorazepam;
(P)
Diazepam;
(Q)
Dichloralphenazone;
(R)
Estazolam;
(S)
Ethchlorvynol;
(T)
Ethinamate;
(U)
Ethyl loflazepate;
(V)
Fludiazepam;
(W)
Flunitrazepam;
(X)
Flurazepam;
(Y)
Halazepam;
(Z)
Haloxazolam;
(AA)
Ketazolam;
(BB)
Loprazolam;
(CC)
Lorazepam;
(DD)
Lormetazepam;
(EE)
Mebutamate;
(FF)
Medazepam;
(GG)
Meprobamate;
(HH)
Methohexital;
(II)
Methylphenobarbital (mephobarbital);
(JJ)
Midazolam;
(KK)
Nimetazepam;
(LL)
Nitrazepam;
(MM)
Nordiazepam;
(NN)
Oxazepam;
(OO)
Oxazolam;
(PP)
Paraldehyde;
(QQ)
Pentazocine;
(RR)
Petrichloral;
(SS)
Phenobarbital;
(TT)
Pinazepam;
(UU)
Prazepam;
(VV)
Quazepam;
(WW)
Temazepam;
(XX)
Tetrazepam;
(YY)
Tramadol;
(ZZ)
Triazolam;
(AAA)
Zaleplon; and
(BBB)
Zolpidem.
(iii)
Any material, compound, mixture, or preparation of fenfluramine which contains
any quantity of the following substances, including its salts, isomers whether
optical, position, or geometric, and salts of the isomers when the existence of the
salts, isomers, and salts of isomers is possible.
(iv)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its
salts, isomers whether optical, position, or geometric isomers, and salts of the
isomers when the existence of the salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(A)
Cathine ((+)-norpseudoephedrine);
(B)
Diethylpropion;
(C)
Fencamfamine;
(D)
Fenproprex;
(E)
Mazindol;
(F)
Mefenorex;
(G)
Modafinil;
(H)
Pemoline, including organometallic complexes and chelates thereof;
(I)
Phentermine;
(J)
Pipradrol;
(K)
Sibutramine; and
(L)
SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(v)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of
dextropropoxyphene (alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
(vi)
A drug product or preparation that contains any component of marijuana and is
approved by the United States Food and Drug Administration and scheduled by
the Drug Enforcement Administration in Schedule IV of the federal Controlled
Substances Act, Title II, P.L. 91-513.
(e)
Schedule V:
(i)
Any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, or their salts calculated as the free anhydrous base or
alkaloid, which includes one or more non-narcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:
(A)
not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(B)
not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;
(C)
not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;
(D)
not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit;
(E)
not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(F)
not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit; and
(G)
unless specifically exempted or excluded or unless listed in another schedule,
any material, compound, mixture, or preparation which contains Pyrovalerone
having a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers.
(ii)
A drug product or preparation that contains any component of marijuana,
including cannabidiol, and is approved by the United States Food and Drug
Administration and scheduled by the Drug Enforcement Administration in
Schedule V of the federal Controlled Substances Act, Title II, P.L. 91-513.
(iii)
Gabapentin.
Section 19. 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 to
in accordance with
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. 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 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, or an employee of a motor carrier or
warehouseman, 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
United States
Drug Enforcement
Administration of all orders suspending or revoking a license and all forfeitures of
controlled substances.
(g)
If an individual's
United States
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
described in Subsection
(7)(c)(i)

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
opioid-like substance
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 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
United States
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)
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. For purposes of Subsection
(7)(h)
, "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. The division shall determine the
procedure for adjudication of any violations in accordance with Sections
58-1-106

and
58-1-108
.
(ii)
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)
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)
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)
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
.
(ii)
"High risk prescription" means a prescription for an
opiate
opioid-like substance

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 20. Section
58-37-7
is amended to read:
58-37-7
Effective
05/06/26
. Labeling and packaging controlled substance --
Informational pamphlet for opioid-like substances -- 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
opioid-like substance
, 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
opioid
antagonist as defined in Section
26B-4-501
; and
(ii)
offer to dispense an
opiate
opioid
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
opioid-like substance
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
opioid-like substance
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
opioid-like substance
shall, if available from the
Department of Health and Human Services, prominently display at the point of sale
the informational pamphlet developed 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
opioid-like substances
.
(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 21. Section
58-37-8.2
is amended to read:
58-37-8.2
Effective
05/06/26
. Duty to report drug diversion.
(1)
As used in this section:
(a)
"Diversion" means a practitioner's transfer of a significant amount of drugs to
another individual for an unlawful purpose.
(b)
"Drug" means a Schedule II or Schedule III controlled substance, as defined in
Section
58-37-4
, that is an
opiate
opioid-like substance
.
(c)
"HIPAA" means the same as that term is defined in Section
26B-3-126
.
(d)
"
Opiate
Opioid-like substance
" means the same as that term is defined in Section
58-37-2
.
(e)
"Practitioner" means an individual:
(i)
licensed, registered, or otherwise authorized by the appropriate jurisdiction to
administer, dispense, distribute, or prescribe a drug in the course of professional
practice; or
(ii)
employed by a person who is licensed, registered, or otherwise authorized by the
appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in
the course of professional practice or standard operations.
(f)
"Significant amount" means an aggregate amount equal to, or more than, 500
morphine milligram equivalents calculated in accordance with guidelines developed
by the
United States
Centers for Disease Control and Prevention.
(2)
An individual is guilty of a class B misdemeanor if the individual:
(a)
knows that a practitioner is involved in diversion; and
(b)
knowingly fails to report the diversion to a peace officer or law enforcement agency.
(3)
Subsection
(2)
does not apply to the extent that an individual is prohibited from
reporting by 42 C.F.R.
Part 2
or HIPAA.
Section 22. Section
58-37-19
is amended to read:
58-37-19
Effective
05/06/26
. Opioid-like substance prescription consultation --
Prescription for opioid antagonist required.
(1)
As used in this section:
(a)
"Initial
opiate
opioid-like substance
prescription" means a prescription for an
opiate
opioid-like substance
to a patient who:
(i)
has never previously been issued a prescription for an
opiate
opioid-like substance
;
or
(ii)
was previously issued a prescription for an
opiate
opioid-like substance
, but the
date on which the current prescription is being issued is more than one year after
the date on which an
opiate
opioid-like substance
was previously prescribed or
administered to the patient.
(b)
"
Opiate
Opioid
antagonist" means the same as that term is defined in Section
26B-4-501
.
(c)
"Prescriber" means an individual authorized to prescribe a controlled substance under
this chapter.
(2)
Except as provided in Subsection
(3)
, a prescriber may not issue an initial
opiate
opioid-like substance
prescription without discussing with the patient, or the patient's
parent or guardian if the patient is under 18 years old and is not an emancipated minor:
(a)
the risks of addiction and overdose associated with
opiate drugs
opioid-like
substances
;
(b)
the dangers of taking
opiates
opioid-like substances
with alcohol, benzodiazepines,
and other central nervous system depressants;
(c)
the reasons why the prescription is necessary;
(d)
alternative treatments that may be available; and
(e)
other risks associated with the use of the drugs being prescribed.
(3)
Subsection
(2)
does not apply to a prescription for:
(a)
a patient who is currently in active treatment for cancer;
(b)
a patient who is receiving hospice care from a licensed hospice as defined in Section
26B-2-201
; or
(c)
a medication that is being prescribed to a patient for the treatment of the patient's
substance abuse or
opiate
opioid-like substance
dependence.
(4)
(a)
Beginning January 1, 2024, a prescriber shall offer to prescribe or dispense an
opiate
opioid
antagonist to a patient if the patient receives an initial
opiate
opioid-like substance
prescription for:
(i)
50 morphine milligram equivalents or more per day, calculated in accordance with
guidelines developed by the United States Centers for Disease Control and
Prevention; or
(ii)
any
opiate
opioid-like substance
if the practitioner is also prescribing a
benzodiazepine to the patient.
(b)
Subsection
(4)(a)
does not apply if the initial
opiate
opioid-like substance

prescription:
(i)
is administered directly to an ultimate user by a licensed practitioner; or
(ii)
is for a three-day supply or less.
(c)
This Subsection
(4)
does not require a patient to purchase or obtain an
opiate
opioid

antagonist as a condition of receiving the patient's initial
opiate
opioid-like substance

prescription.
The following section is affected by a coordination clause at the end of this bill.
Section 23. Section
58-67-702
is amended to read:
58-67-702
Effective
05/06/26
. Opioid antagonist -- Exclusion from unlawful or
unprofessional conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
"
Opiate
Opioid
antagonist" means the same as that term is defined in Section
26B-4-501
.
(d)
"
Opiate-related
Opioid-related
drug overdose event" means the same as that term is
defined in Section
26B-4-501
.
(e)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(2)
The prescribing or dispensing of an
opiate
opioid
antagonist by a licensee under this
chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed
the
opiate
opioid
antagonist:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(ii)
a family member of, friend of, or other person, including a person described in
Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
, that is in a position to
assist an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(b)
to an overdose outreach provider
pursuant to
in accordance with
Subsection
26B-4-509(2)(a)(iii)
.
(3)
The provisions of this section and
Title 26B, Chapter 4, Part 5, Treatment Access
, do
not establish a duty or standard of care in the prescribing, dispensing, or administration
of an
opiate
opioid
antagonist.
The following section is affected by a coordination clause at the end of this bill.
Section 24. Section
58-68-702
is amended to read:
58-68-702
Effective
05/06/26
. Opioid antagonist -- Exclusion from unlawful or
unprofessional conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
"
Opiate
Opioid
antagonist" means the same as that term is defined in Section
26B-4-501
.
(d)
"
Opiate-related

Opioid-related
drug overdose event" means the same as that term is
defined in Section
26B-4-501
.
(e)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(2)
The prescribing or dispensing of an
opiate
opioid
antagonist by a licensee under this
chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed
the
opiate
opioid
antagonist:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(ii)
a family member of, friend of, or other person, including a person described in
Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
, that is in a position to
assist an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(b)
to an overdose outreach provider
pursuant to
in accordance with
Subsection
26B-4-509(2)(a)(iii)
.
(3)
The provisions of this section and
Title 26B, Chapter 4, Part 5, Treatment Access
, do
not establish a duty or standard of care in the prescribing, dispensing, or administration
of an
opiate
opioid
antagonist.
The following section is affected by a coordination clause at the end of this bill.
Section 25. Section
58-69-702
is amended to read:
58-69-702
Effective
05/06/26
. Opioid antagonist -- Exclusion from unlawful or
unprofessional conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
"
Opiate
Opioid
antagonist" means the same as that term is defined in Section
26B-4-501
.
(d)
"
Opiate-related
Opioid-related
drug overdose event" means the same as that term is
defined in Section
26B-4-501
.
(e)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(2)
The prescribing or dispensing of an
opiate
opioid
antagonist by an individual licensed
under this chapter to engage in the practice of dentistry is not unprofessional or unlawful
conduct if the licensee prescribed or dispensed the
opiate
opioid
antagonist:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(ii)
a family member of, friend of, or other person, including a person described in
Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
, that is in a position to
assist an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(b)
to an overdose outreach provider
pursuant to
in accordance with
Subsection
26B-4-509(2)(a)(iii)
.
(3)
The provisions of this section and
Title 26B, Chapter 4, Part 5, Treatment Access
, do
not establish a duty or standard of care in the prescribing, dispensing, or administration
of an
opiate
opioid
antagonist.
The following section is affected by a coordination clause at the end of this bill.
Section 26. Section
58-70a-505
is amended to read:
58-70a-505
Effective
05/06/26
. Opioid antagonist -- Exclusion from unlawful or
unprofessional conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
"
Opiate
Opioid
antagonist" means the same as that term is defined in Section
26B-4-501
.
(d)
"
Opiate-related
Opioid-related
drug overdose event" means the same as that term is
defined in Section
26B-4-501
.
(e)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(2)
The prescribing or dispensing of an
opiate
opioid
antagonist by a licensee under this
chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed
the
opiate
opioid
antagonist:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(ii)
a family member of, friend of, or other person, including a person described in
Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
, that is in a position to
assist an individual who is at increased risk of experiencing an
opiate-related
opioid-related
drug overdose event; or
(b)
to an overdose outreach provider
pursuant to
in accordance with
Subsection
26B-4-509(2)(a)(iii)
.
(3)
The provisions of this section and
Title 26B, Chapter 4, Part 5, Treatment Access
, do
not establish a duty or standard of care in the prescribing, dispensing, or administration
of an
opiate
opioid
antagonist.
Section 27. Section
63I-1-258
is amended to read:
63I-1-258
Effective
05/06/26
. Repeal dates: Title 58.
(1)
Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed
July 1, 2026.
(2)
Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2035.
(3)
Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1, 2028.
(4)
Section
58-37-3.5
, Drugs for behavioral health treatment, is repealed July 1, 2027.
(5)
Subsection
58-37-6(7)(f)(iii)
, regarding a seven-day
opiate
opioid-like substance

supply restriction, is repealed July 1, 2032.
(6)
Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2033.
(7)
Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
repealed July 1, 2029.
(8)
Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1,
2033.
(9)
Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2034.
(10)
Subsection
58-47b-102(8)
, defining massage assistant, is repealed July 1, 2029.
(11)
Subsection
58-47b-102(9)
, defining massage assistant-in-training, is repealed July 1,
2029.
(12)
Subsection
58-47b-302(1)
, regarding applicant for a massage assistant-in-training, is
repealed July 1, 2029.
(13)
Subsection
58-47b-302(2)
, regarding applicant for a massage assistant, is repealed July
1, 2029.
(14)
Subsection
58-47b-303(3)(b)
, regarding expiration of a massage assistant-in-training
license, is repealed July 1, 2029.
(15)
Subsection
58-55-201(2)
, regarding the Alarm System and Security Licensing
Advisory Board, is repealed July 1, 2027.
(16)
Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1, 2026.
Section 28. Section
63J-1-602.2
is amended to read:
63J-1-602.2
Effective
05/06/26
Partially Repealed
07/01/29
. List of nonlapsing
appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1)
The Legislature and the Legislature's committees.
(2)
The State Board of Education, including all appropriations to agencies, line items, and
programs under the jurisdiction of the State Board of Education, in accordance with
Section
53F-9-103
.
(3)
The Rangeland Improvement Act created in Section
4-20-101
.
(4)
The Percent-for-Art Program created in Section
9-6-404
.
(5)
The LeRay McAllister Working Farm and Ranch Fund Program created in Title
4,
Chapter 46, Part 3
, LeRay McAllister Working Farm and Ranch Fund.
(6)
The Utah Lake Authority created in Section
11-65-201
.
(7)
Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection
17-66-303(2)(d)(ii)
.
(8)
The Wildlife Land and Water Acquisition Program created in Section
23A-6-205
.
(9)
Sanctions collected as dedicated credits from Medicaid providers under Subsection
26B-3-108(7)
.
(10)
The primary care grant program created in Section
26B-4-310
.
(11)
The
Opiate
Opioid
Overdose Outreach Pilot Program created in Section
26B-4-512
.
(12)
The Utah Health Care Workforce Financial Assistance Program created in Section
26B-4-702
.
(13)
The Rural Physician Loan Repayment Program created in Section
26B-4-703
.
(14)
The Utah Medical Education Council for the:
(a)
administration of the Utah Medical Education Program created in Section
26B-4-707
;
(b)
provision of medical residency grants described in Section
26B-4-711
; and
(c)
provision of the forensic psychiatric fellowship grant described in Section
26B-4-712
.
(15)
The Division of Services for People with Disabilities, as provided in Section
26B-6-402
.
(16)
The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program
created in Section
26B-7-122
.
(17)
Funds that the Department of Alcoholic Beverage Services retains in accordance with
Subsection
32B-2-301(8)(a)
or
(b)
.
(18)
The General Assistance program administered by the Department of Workforce
Services, as provided in Section
35A-3-401
.
(19)
The Utah National Guard, created in Title
39A, National Guard and Militia Act
.
(20)
The Search and Rescue Financial Assistance Program, as provided in Section
53-2a-1102
.
(21)
The Emergency Medical Services Grant Program, as provided in Section
53-2d-207
.
(22)
The Motorcycle Rider Education Program, as provided in Section
53-3-905
.
(23)
The Utah Board of Higher Education for teacher preparation programs, as provided in
Section
53H-5-402
.
(24)
Innovation grants under Section
53G-10-608
, except as provided in Subsection
53G-10-608(3)
.
(25)
The Division of Fleet Operations for the purpose of upgrading underground storage
tanks under Section
63A-9-401
.
(26)
The Division of Technology Services for technology innovation as provided under
Section
63A-16-903
.
(27)
The State Capitol Preservation Board created by Section
63O-2-201
.
(28)
The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
(29)
The Colorado River Authority of Utah, created in Title
63M, Chapter 14
, Colorado
River Authority of Utah Act.
(30)
The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as
provided in Title
63N, Chapter 2, Part 2
, Enterprise Zone Act.
(31)
The Governor's Office of Economic Opportunity's Rural Employment Expansion
Program, as described in Title
63N, Chapter 4, Part 4
, Rural Employment Expansion
Program.
(32)
County correctional facility contracting program for state inmates as described in
Section
64-13e-103
.
(33)
County correctional facility reimbursement program for state probationary inmates and
state parole inmates as described in Section
64-13e-104
.
(34)
Programs for the Jordan River Recreation Area as described in Section
65A-2-8
.
(35)
The Division of Human Resource Management user training program, as provided in
Section
63A-17-106
.
(36)
A public safety answering point's emergency telecommunications service fund, as
provided in Section
69-2-301
.
(37)
The Traffic Noise Abatement Program created in Section
72-6-112
.
(38)
The money appropriated from the Navajo Water Rights Negotiation Account to the
Division of Water Rights, created in Section
73-2-1.1
, for purposes of participating in a
settlement of federal reserved water right claims.
(39)
The Judicial Council for compensation for special prosecutors, as provided in Section
77-10a-19
.
(40)
A state rehabilitative employment program, as provided in Section
78A-6-210
.
(41)
The Utah Geological Survey, as provided in Section
79-3-401
.
(42)
The Bonneville Shoreline Trail Program created under Section
79-5-503
.
(43)
Adoption document access as provided in Sections
81-13-103
,
81-13-504
, and
81-13-505
.
(44)
Indigent defense as provided in Title
78B, Chapter 22, Part 4
, Utah Indigent Defense
Commission.
(45)
The program established by the Division of Facilities Construction and Management
under Section
63A-5b-703
under which state agencies receive an appropriation and pay
lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
(46)
The State Tax Commission for reimbursing counties for deferrals in accordance with
Section
59-2-1802.5
.
(47)
The Veterinarian Education Loan Repayment Program created in Section
4-2-902
.
Section 29. Section
64-13-45
is amended to read:
64-13-45
Effective
05/06/26
. Department reporting requirements.
(1)
As used in this section:
(a)
"Biological sex at birth" means the same as that term is defined in Section
26B-8-101
.
(b)
(i)
"In-custody death" means an inmate death that occurs while the inmate is in the
custody of the department.
(ii)
"In-custody death" includes an inmate death that occurs while the inmate is:
(A)
being transported for medical care; or
(B)
receiving medical care outside of a correctional facility, other than a county
jail.
(c)
"Inmate" means an individual who is processed or booked into custody or housed in
the department or a correctional facility other than a county jail.
(d)
"
Opiate
Opioid-like substance
" means the same as that term is defined in Section
58-37-2
.
(e)
"Transgender inmate" means the same as that term is defined in Section
64-13-7
.
(2)
The department shall submit a report to the Commission on Criminal and Juvenile
Justice created in Section
63M-7-201
before June 15 of each year that includes:
(a)
the number of in-custody deaths that occurred during the preceding calendar year,
including:
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in
this
Subsection
(2)(a)
; and
(ii)
the department's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(b)
the department policies, procedures, and protocols:
(i)
for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of
opiates
opioid-like substances
;
(ii)
that relate to the department's provision, or lack of provision, of medications used
to treat, mitigate, or address an inmate's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii)
that relate to screening, assessment, and treatment of an inmate for a substance
use disorder or mental health disorder;
(c)
the number of inmates who gave birth and were restrained in accordance with
Section
64-13-46
, including:
(i)
the types of restraints used; and
(ii)
whether the use of restraints was to prevent escape or to ensure the safety of the
inmate, medical or corrections staff, or the public;
(d)
the number of transgender inmates that are assigned to a living area with inmates
whose biological sex at birth do not correspond with the transgender inmate's
biological sex at birth in accordance with Section
64-13-7
, including:
(i)
the results of the individualized security analysis conducted for each transgender
inmate in accordance with Subsection
64-13-7(5)(a)
; and
(ii)
a detailed explanation regarding how the security conditions described in
Subsection
64-13-7(5)(b)
are met for each transgender inmate;
(e)
the number of transgender inmates that were:
(i)
assigned to a living area with inmates whose biological sex at birth do not
correspond with the transgender inmate's biological sex at birth; and
(ii)
removed and assigned to a living area with inmates whose biological sex at birth
corresponds with the transgender inmate's biological sex at birth in accordance
with Subsection
64-13-7(6)
; and
(f)
any report the department provides or is required to provide under federal law or
regulation relating to inmate deaths.
(3)
The Commission on Criminal and Juvenile Justice shall:
(a)
compile the information from the reports described in Subsection
(2)
;
(b)
omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law

; and
(c)
submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the Utah Substance Use and Mental Health Advisory Committee
before November 1 of each year.
(4)
The Commission on Criminal and Juvenile Justice may not provide access to or use the
department's policies, procedures, or protocols submitted under this section in a manner
or for a purpose not described in this section.
Section 30.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 31.
Coordinating S.B. 317 with H.B. 301.
If S.B. 317, Opioid Terminology Amendments, and H.B. 301, Drug Recodification, both
pass and become law, the Legislature intends that, on May 6, 2026, the references to the term
"opiate" be changed to "opioid-like substance" in the following Subsections in H.B. 301:
(1) Subsection 58-37-304(6)(d)(i); and
(2) Subsection 58-37-305(1)(b).
Section 32.
Coordinating S.B. 317 with S.B. 87.
If S.B. 317, Opioid Terminology Amendments, and S.B. 87, Naloxone Amendments,
both pass and become law, the Legislature intends that, on May 6, 2026, the terms "opiate
antagonist" and "expired opiate antagonist" be changed to "opioid antagonist" and "expired
opioid antagonist" in the following Subsections in S.B. 87:
(1)
Subsections

26B-4-509(1), (2)(a)(ii), (3), and (4)(c);
(2) Subsections 26B-4-510(1) and (2);
(3) Subsections 26B-4-511(1) and (2);
(4) Subsection 58-17b-507(1);
(5) Subsection 58-31b-703 (1);
(6) Subsection 58-67-702(1);
(7) Subsection 58-68-702(1);
(8) Subsection 58-69-702(1); and
(9) Subsection 58-70a-505(1).
Section 33.
Coordinating S.B. 317 with S.B. 98.
If S.B. 317, Opioid Terminology Amendments, and S.B. 98, Substance Use
Rehabilitation Amendments, both pass and become law, the Legislature intends that, on May
6, 2026:
(1) the term "opiate antagonist" in Subsection 26B-7-126(1)(c), in S.B. 98 be changed to
"opioid antagonist"; and
(2) the term "opiate antagonists" in Subsection 26B-7-126(3)(b)(ii)(C), in S.B. 98 be
changed to "opioid antagonists".
3-2-26 10:01 AM