Unlawful failure to report a practitioner's diversion of drugs

(1) (a) As used in this section: (i) "Diversion" means a practitioner's transfer of a significant amount of drugs to another individual for an unlawful purpose. (ii) "Drug" means a Schedule II or Schedule III controlled substance, as defined in Section 58-37-108, that is an opiate. (iii) "HIPAA" means the same as that term is defined in Section 26B-3-126. (iv) "Opiate" means the same as that term is defined in Section 58-37-101. (v) "Practitioner" means an individual: (A) licensed, registered, or otherwise authorized by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in the course of professional practice; or (B) 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. (vi) "Significant amount" means an aggregate amount equal to, or more than, 500 morphine milligram equivalents calculated in accordance with guidelines developed by the Centers for Disease Control and Prevention. (b) Terms defined in Sections 58-37-101, 76-1-101.5, 76-18-101, and 76-18-201 apply to this section. (2) An actor commits unlawful failure to report a practitioner's diversion of drugs if the actor: (a) knows that a practitioner is involved in diversion; and (b) knowingly fails to report the diversion described in Subsection (2)(a) to a peace officer or law enforcement agency. (3) A violation of Subsection (2) is a class B misdemeanor. (4) Subsection (2) does not apply to the extent that an actor is prohibited from reporting by 42 C.F.R. Part 2 or HIPAA.