Summary


Section R156-37f-102: These proposed amendments add definitions for the following acronyms: "EDS" means "electronic data system" as defined in Subsection 58-37f-303(1)(c), "EHR" means electronic health record, and "HIE" means health information exchange. Section R156-37f-203: These proposed amendments: 1) conform the language of this rule to Section 58-37f-203 by requiring both "the pharmacist-in-charge and the pharmacist" to report the required data; 2) specify certain data fields that must be completed; and 3) update terms and delete references to obsolete or unclear data requirements. Section R156-37f-301: These proposed amendments update citations, make non-substantive formatting changes for comprehensibility throughout, and make the following clarifications to conform this rule to current practices and procedures: 1) clarify that requests for database information may not be made verbally; 2) clarify that certain information may be included in a search warrant to assist the search, such as subject's birth date, the full name of the prescriber, and date range to be searched; 3) clarify that information provided as a result of a search warrant will be as set forth in this rule unless otherwise specified in the search warrant; 4) clarify that requests from an individual for his or her database information shall be in the form of an original signed and notarized request, and include a clearly legible, color copy of government-issued picture identification confirming the individual's identity; 5) require a third party requesting database information on behalf of an individual to provide: a) an original signed and notarized request form furnished by the Division together with a clearly legible, color copy of government-issued picture identification confirming the requester's identity; and b) an original or certified copy of properly executed legal documentation of the third-party requester's authority, in particular, an agent under a power of attorney must be a current agent under a power of attorney that either authorizes the agent to make health care decisions for the individual, allows the agent to have access to the patient's protected health information under HIPAA, or grants the agent specific authority to obtain database information; 6) deletes the requirement that the written designation provided to the Division by a practitioner and hospital operating an emergency department include the names of all emergency room practitioners employed at the hospital; 7) clarifies that requests to provide access to a designated employee should include the designating practitioner's email address account registered with the Database, and identify the employee's professional license number, if any; and 8) with respect to an individual's request for the Division to provide notice to a third party when a controlled substance prescription is dispensed to that individual: a) clarifies that the request to begin or discontinue notice shall be made on an original signed and notarized request form as furnished by the Division and include a clearly legible, color copy, of government-issued picture identification confirming the individual's identity; and b) increases from one to three the number of active third parties that an individual may designate to receive notice. Section R156-37f-303: These proposed amendments: 1) update the reference to the interface with the database as the "Division-approved Prescription Monitoring Program (PMP) Hub system"; and 2) clarify that to access information in the database via an electronic data system (EDS), the user must register to use the database by creating an approved account established by the Division pursuant to a memorandum of understanding with the Division, and must use the unique username and password associated with the account.