58-82-201 (Effective 07/01/12) - Electronic prescriptions -- Restrictions -- Rulemaking authority.
58-82-201 (Effective 07/01/12). Electronic prescriptions -- Restrictions --Rulemaking authority.
(1) Subject to the provisions of this section, a practitioner shall provide each existingpatient of the practitioner with the option of participating in electronic prescribing forprescriptions issued for the patient, if the practitioner prescribes a drug or device for the patienton or after July 1, 2012.
(2) A practitioner may not issue a prescription through electronic prescribing for a drug,device, or federal controlled substance that the practitioner is prohibited by federal law or federalrule from issuing through electronic prescribing.
(3) A pharmacy shall:
(a) accept an electronic prescription that is transmitted in accordance with therequirements of this section and division rules; and
(b) dispense a drug or device as directed in an electronic prescription described inSubsection (3)(a).
(4) The division shall make rules to ensure that:
(a) except as provided in Subsection (5), practitioners and pharmacies comply with thissection;
(b) electronic prescribing is conducted in a secure manner, consistent with industrystandards; and
(c) each patient is fully informed of the patient's rights, restrictions, and obligationspertaining to electronic prescribing.
(5) The division may, by rule, grant an exemption from the requirements of this sectionto a pharmacy or a practitioner to the extent that the pharmacy or practitioner can establish, to thesatisfaction of the division, that compliance with the requirements of this section would imposean extreme financial hardship on the pharmacy or practitioner.
Enacted by Chapter 47, 2009 General Session