Electronic prescriptions for controlled substances

(1) Beginning January 1, 2022, each prescription issued for a controlled substance shall be transmitted electronically as an electronic prescription, unless the prescription is: (a) for a patient residing in an assisted living facility as that term is defined in Section 26B-2-201, a long-term care facility as that term is defined in Section 58-31b-102, or a correctional facility as that term is defined in Section 64-13-1; (b) issued by a veterinarian licensed under Chapter 28, Veterinary Practice Act; (c) dispensed by a Department of Veterans Affairs pharmacy; (d) issued during a temporary technical or electronic failure at the practitioner's or pharmacy's location; or (e) issued in an emergency situation. (2) The division, in collaboration with the appropriate boards that govern the licensure of the licensees who are authorized by the division to prescribe or to dispense controlled substances, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) require that controlled substances prescribed or dispensed under Subsection (1)(d) indicate on the prescription that the prescribing practitioner or the pharmacy is experiencing a technical difficulty or an electronic failure; (b) define an emergency situation for purposes of Subsection (1)(e); (c) establish additional exemptions to the electronic prescription requirements established in this section; (d) establish guidelines under which a prescribing practitioner or a pharmacy may obtain an extension of up to two additional years to comply with Subsection (1); (e) establish a protocol to follow if the pharmacy that receives the electronic prescription is not able to fill the prescription; and (f) establish requirements that comply with federal laws and regulations for software used to issue and dispense electronic prescriptions. (3) Beginning July 1, 2024, a pharmacy software program for receiving an electronic prescription for a controlled substance shall be capable of electronically transferring a prescription to a different pharmacy: (a) upon the request of the patient or the practitioner; (b) with the approval of a pharmacist at the originating pharmacy; and (c) if the prescription is unfilled.