SB 87 — Naloxone Amendments

(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.

- 4 - SB0087 compared with SB0087S02 (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) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-1001.

(21) "Violent felony" means the same as that term is defined in Section 76-3-203.5.

{Section 2.

Section 26B-4-501 is amended to read:

} 26B-4-501.

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.

- 5 - SB0087 compared with SB0087S02 (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.

(12) "[Opiate] Opioid" 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;

- 6 - SB0087 compared with SB0087S02 (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;

- 7 - SB0087 compared with SB0087S02 (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 3.

Section 26B-4-508 is amended to read:

} 26B-4-508.

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.

26B-4-509.26B-4-509 .

{(EffectivePrescribing, 05/06/26)}Prescribing, dispensing, and administering an {opioid } opiate antagonist -- Immunity from liability.

(1) As used in this section, "expired opiate antagonist" means an opiate antagonist that is no more than 24 months past the month and year of the opiate antagonist's expiration date.

[(1)] (2)(2)(a)(i) (a) (i) For purposes of Subsection [(1)(a)(ii)] (2)(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{]}Opiate Opioid} Overdose Outreach Pilot Program created in Section 26B-4-512:

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-opiate-related related{]} opioid-related} drug overdose event.

(ii) Except as provided in Subsection [(1)(b)] (2)(b), the following persons are [not liable for any civil damages] immune from a civil action or criminal prosecution for acts or omissions made as a result of administering an {[opiate{]}opiate opioid} antagonist when the person acts in good faith to administer the {[opiate{]}opiate opioid} antagonist, including an expired {opioid } opiate antagonist, to an individual whom the person believes to be experiencing an {[opiate-related{]}opiate-related opioid- related} drug overdose event:

(A)- an2 overdose- outreachEnrolled provider;Copy S.B.

87 (A) an overdose outreach provider;

- 8 - SB0087 compared with SB0087S02 (b) A health care provider:

and (ii) is immune from liability under Subsection [(1)(a)] (2)(a) if the health care provider is under no legal duty to respond and otherwise complies with Subsection [(1)(a)][ (1)(a)] (2)(a).

[(2)] (3) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care provider who is licensed to prescribe an {[opiate{]}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{]}opiate opioid} antagonist, including an expired {opioid } opiate antagonist:

(a)(a)(i) (i) to an individual who is at increased risk of experiencing an {[opiate-related{]}opiate-related opioid-related} drug overdose event;

(A) furnishing the {[opiate{]}opiate opioid} antagonist to an individual described in Subsection [(2)(a)(i)][ (3)(2)(a)(i)] (a)(i)(3)(a)(i) or (ii), as provided in Section 26B-4-511;

or (B) administering to an individual experiencing an {[opiate-related{]}opiate-related opioid-related} drug overdose event;

and (c) without liability for any civil damages for acts or omissions made as a result of prescribing or dispensing the {[opiate{]}opiate opioid} antagonist in good faith.

[(3)] (4) {(a) {As used in this Subsection (3), "expired opioid antagonist" means an opioid antagonist that is past the opioid antagonist's expiration date.} {(b)} A health care provider who dispenses an {[opiate{]}opiate opioid} antagonist to an individual or an overdose outreach provider under Subsection [(2)(a)] (3)(a) shall provide education to the individual or overdose outreach provider that includes written instruction on{:on how to:

{(i)}(a) howrecognize to:an opiate-related drug overdose event;

{[(a){]}and {(A)}(b) }respond recognizeappropriately to an {[opiate-related{]}opiate-related opioid-related} drug overdose event;event, including how to:

and(i) -administer 9 - SB0087 compared with SB0087S02 {[(b){]} {(B)} } respond appropriately to an {[opiate-related{]}opiate opioid-related}antagonist; drug overdose event, including how to:

{[(i){]}and {(I)}(ii) }ensure administerthat an {[opiate{]}individual opioid}to antagonist;whom an opiate antagonist has been administered - 3 - S.B.

and87 {[(ii){]}Enrolled {(II)}Copy } 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[.] ;

and (ii){(c)}(c) the safety, efficacy, and risks of administering an expired {opioid } opiate antagonist.

26B-4-510.26B-4-510 .

{(EffectiveStanding 05/06/26)}Standing prescription drug orders for an {opioid } opiate antagonist.

(1) As used in this section, "expired {opioid } opiate antagonist" means an {opioid } opiate antagonist that is no more than 24 months past the month and year of the {opioid } opiate antagonist's expiration date.

(2) Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense an {[opiate{]}opiate opioid} antagonist may dispense the {[opiate{]}opiate opioid} antagonist, including an expired {opioid } opiate antagonist:

(a) pursuant to a standing prescription drug order made in accordance with Subsection [(2)][ (2)] (3);

and (b) without any other prescription drug order from a person licensed to prescribe an {[opiate{]}opiate opioid} antagonist.

[(2)] (3) A physician who is licensed to prescribe an {[opiate{]}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{]}opiate opioid} antagonist under Subsection [(1)] (2) in accordance with a protocol that:

(a) limits dispensing of the {[opiate{]}opiate opioid} antagonist to:

(i) an individual who is at increased risk of experiencing an {[opiate-related{]}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{]}opiate-related opioid-related} drug overdose event;

- 10 - SB0087 compared with SB0087S02 (A) furnishing to an individual who is at increased risk of experiencing an {[opiate-related{]}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{]}opiate-related opioid-related} drug overdose event, as provided in Section 26B-4-511;

or (B) administering to an individual experiencing an {[opiate-related{]}opiate-related opioid-related} drug overdose event;

(b)- requires4 the- physicianEnrolled toCopy specifyS.B. the persons, by professional license number, authorized to dispense the {[opiate{]} opioid} antagonist;

(c)87 (b) requires the physician to reviewspecify at least annually the dispensingpersons, practicesby ofprofessional thoselicense number, authorized by the physician to dispense the {[opiate{]}opiate opioid} antagonist;

(d)(c) requires those authorized by the physician to dispensereview theat {[opiate{]}least opioid}annually antagonistthe todispensing makepractices andof retainthose aauthorized recordby ofthe eachphysician person to whomdispense the {[opiate{]}opiate opioid}antagonist; antagonist is dispensed, which shall include:

(d) requires those authorized by the physician to dispense the opiate antagonist to make and retain a record of each person to whom the opiate antagonist is dispensed, which shall include:

26B-4-511.26B-4-511 .

{(EffectiveOverdose 05/06/26)}Overdose outreach providers.

(1) As used in this section, {" opioid } "expired opiate antagonist" means an {opioid } opiate antagonist that is no more than {2} 24 months past the month and year of the opiate antagonist's expiration date.

[(a)] (i) obtain an {[opiate{]}opiate opioid} antagonist dispensed on prescription by:

[(b)] (ii) store the {[opiate{]}opiate opioid} antagonist;

and - 11 - SB0087 compared with SB0087S02 [(c)] (iii) furnish the {[opiate{]}opiate opioid} antagonist, including an expired {opioid } opiate antagonist:

[(i)] (A)(A)[(A)] [(A)] (I) to an individual who is at increased risk of experiencing an {[opiate-related{]}opiate-related opioid-related} drug overdose event;

or [(B)] (II) 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{]}opiate-related opioid-related} drug overdose event;

and [(ii)] (B) without liability for any civil damages for acts or omissions made as a result of furnishing the {[opiate{]}opiate opioid} antagonist in good faith;

and [(2)] (b) when furnishing an {[opiate{]}opiate opioid} antagonist under this Subsection [(1)] (2), an overdose outreach- provider:5 - S.B.

[(a)]87 (i)Enrolled shallCopy alsooutreach furnishprovider: to the recipient of the {[opiate{]} opioid} antagonist:

[(i)][(a)] (A)(i) theshall writtenalso instructionfurnish underto Subsection [26B-4-504(3)] 26B-4-509(3) received by the overdoserecipient outreachof provider from the healthopiate careantagonist: provider at the time the {[opiate{]} opioid} antagonist was dispensed to the overdose outreach provider;

or[(i)] [(ii)](A) (B)the ifwritten theinstruction {[opiate{]}under opioid}Subsection antagonist[26B-4-504(3)] was26B-4-509(3) dispensedreceived toby the overdose outreach provider byfrom athe pharmacisthealth orcare pharmacyprovider intern,at anythe writtentime patientthe counselingopiate underantagonist Sectionwas 58-17b-613dispensed receivedto by the overdose outreach providerprovider; at the time of dispensing;

andor [(b)][(ii)] (ii)(B) mayif providethe additionalopiate instructionantagonist onwas howdispensed to recognizethe andoverdose respondoutreach appropriatelyprovider toby ana {[opiate-related{]}pharmacist opioid-related}or drugpharmacy intern, any written patient counseling under Section 58-17b-613 received by the overdose event.outreach provider at the time of dispensing;

{Sectionand 7.[(b)] (ii) may provide additional instruction on how to recognize and respond appropriately to an opiate-related drug overdose event.

Section 26B-4-512 is amended to read:

} 26B-4-512.

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;

- 12 - SB0087 compared with SB0087S02 (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 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;

- 13 - SB0087 compared with SB0087S02 (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;

- 14 - SB0087 compared with SB0087S02 (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 8.

Section 26B-4-513 is amended to read:

} 26B-4-513.

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.

(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 9.

Section 26B-4-514 is amended to read:

} 26B-4-514.

Opioid 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] opioids 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 - 15 - SB0087 compared with SB0087S02 (c) available in English and other languages that the department determines to be appropriate and necessary.

{Section 10.

Section 26B-7-110 is amended to read:

} 26B-7-110.

Duty to establish program to reduce deaths and other harm from prescription opioids used for chronic noncancer pain.

(1) As used in this section, "[opiate] opioid" 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 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 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 11.

Section 26B-7-117 is amended to read:

} 26B-7-117.

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;

- 16 - SB0087 compared with SB0087S02 (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;

- 17 - SB0087 compared with SB0087S02 (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 12.

Section 53G-9-502 is amended to read:

} 53G-9-502.

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 - 18 - SB0087 compared with SB0087S02 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 13.

Section 58-17b-309 is amended to read:

} 58-17b-309.

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.

{Section 14.

Section 58-17b-309.7 is amended to read:

} - 19 - SB0087 compared with SB0087S02 58-17b-309.7.

Opioid treatment program -- Mobile medication assisted treatment units.

(1) As used in this section:

(a) "Covered provider" means an individual who is licensed to engage in:

(i) the practice of advanced practice registered nursing as defined in Section 58-31b-102;

(ii) the practice of registered nursing as defined in Section 58-31b-102;

or (iii) practice as a physician assistant as defined in Section 58-70a-102.

(b) "Mobile unit" means a mobile unit that provides medication, such as buprenorphine, methadone, or naltrexone, to treat substance use withdrawal symptoms or a substance use disorder.

(c) "Opioid treatment program" means a program or practitioner that is:

(i) engaged in dispensing an [opiate] opioid medication assisted treatment for opioid use disorder;

(ii) registered under 21 U.S.C.

Sec.

823(g)(1);

(iii) licensed by the Division of Licensing and Background Checks within the Department of Health and Human Services created in Section 26B-2-103;

and (iv) certified by the federal Substance Abuse and Mental Health Services Administration in accordance with 42 C.F.R.

8.11.

(2) A covered provider may dispense [opiate] opioid medication assisted treatment at an opioid treatment program if the covered provider:

(a) is operating under the direction of a pharmacist;

(b) dispenses the [opiate] opioid medication assisted treatment under the direction of a pharmacist;

and (c) acts in accordance with division rules made under Subsection (4).

(3) (a) An opioid treatment program may operate one or more mobile units to serve individuals without a fixed address and other individuals as appropriate.

(b) A mobile unit shall operate as an extension of, and under the registration, license, and certification held by, the opioid treatment program.

(c) The pharmacist-in-charge who is responsible for directing the operation of the opioid treatment program shall determine the number of mobile units that may be operated as an extension of the opioid treatment program.

(d) A covered provider may dispense prescription medication assisted treatment only:

(i) pursuant to a valid prescription;

and (ii) in compliance with the requirements described in Subsection (2).

- 20 - SB0087 compared with SB0087S02 (e) Medication may not be left in a mobile unit during the hours that the mobile unit is not in operation.

(f) An opioid treatment program that intends to operate a mobile unit shall notify the division and board of that intention as soon as possible, but not later than one business day before the mobile unit begins operating.

(g) An opioid treatment program that intends to discontinue operation of a mobile unit shall notify the division and board of that intention as soon as possible, but not later than one business day before the mobile unit discontinues operating.

(h) The Department of Health and Human Services may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, to establish requirements for the operation of a mobile unit.

(4) The division shall, in consultation with practitioners who work in an opioid treatment program, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines under which a covered provider may dispense [opiate] opioid medication assisted treatment to a patient in an opioid treatment program under this section.

58-17b-507.58-17b-507 .

{(Effective 05/06/26)}{Opioid } Opiate antagonist -- Immunity from liability -- Exclusion from unlawful or unprofessional conduct.

(a) "Expired {opioid } opiate antagonist" means an {opioid } opiate antagonist that is no more than 24 months past the month and year of the {opioid } opiate antagonist's expiration date.

[(a)] (b)(b)(i) (i)"Opiate "{[Opiateantagonist" {]} Opioid }antagonist" means the same as that term is defined in Section 26B-4-501.

(ii) {"opioid } "Opiate antagonist" includes an expired {opioid } opiate antagonist.

[(b)] (c) "{[Opiate-related{]}"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{]}opiate opioid} antagonist to an individual with a prescription for an {[opiate{]}opiate opioid} antagonist, to an overdose outreach provider with a prescription for an {[opiate{]}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{]}opiate opioid} - 21 - SB0087 compared with SB0087S02 antagonist to an individual who another individual believes is experiencing an {[opiate-related{]}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{]}opiate opioid} antagonist.

(4) It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to dispense an {[opiate{]}opiate opioid} antagonist to a person, including a person described in Subsections 26B-4-512(1)(a)(i)(A)- through6 (1)(a)(i)(F),- onEnrolled behalfCopy ofS.B. 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)87 It26B-4-512(1)(a)(i)(A) isthrough not(1)(a)(i)(F), unprofessionalon conductbehalf orof unlawful conduct for a licensee under this chapter to dispense an {[opiate{]}individual opioid}if antagonistthe toperson anobtaining overdose outreach provider if the overdoseopiate outreachantagonist provider has a prescription for the {[opiate{]}opiate opioid} antagonist from a licensed prescriber issuedor the opiate antagonist is dispensed pursuant to a standing prescription drug order issued in accordance with Subsection 26B-4-509(2)(a)(iii).26B-4-510(2).

{Section(5) 16.It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to dispense an opiate antagonist to an overdose outreach provider if the overdose outreach provider has a prescription for the opiate antagonist from a licensed prescriber issued pursuant to Subsection 26B-4-509(2)(a)(iii).

Section 58-17b-902 is amended to read:

} 58-17b-902.

Definitions.

As used in this part:

(1) "Assisted living facility" means the same as that term is defined in Section 26B-2-201.

(2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a drug used in chemotherapy to destroy cancer cells.

(3) "Charitable clinic" means a charitable nonprofit corporation that:

(a) holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code;

(b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;

(c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation:

(i) advice;

(ii) counseling;

(iii) diagnosis;

(iv) treatment;

- 22 - SB0087 compared with SB0087S02 (v) surgery;

or (vi) care or services relating to the preservation or maintenance of health;

and (d) has a licensed outpatient pharmacy.

(4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable clinic.

(5) "County health department" means the same as that term is defined in Section 26A-1-102.

(6) "Donated prescription drug" means a prescription drug that an eligible donor or individual donates to an eligible pharmacy under the program.

(7) "Eligible donor" means a donor that donates a prescription drug from within the state and is:

(a) a nursing care facility;

(b) an assisted living facility;

(c) a licensed intermediate care facility for people with an intellectual disability;

(d) a manufacturer;

(e) a pharmaceutical wholesale distributor;

(f) an eligible pharmacy;

or (g) a physician's office.

(8) "Eligible pharmacy" means a pharmacy that:

(a) is registered by the division as eligible to participate in the program;

and (b) (i) is licensed in the state as a Class A pharmacy or a Class B pharmacy;

or (ii) is operated by:

(A) a county;

(B) a county health department;

(C) a pharmacy under contract with a county health department;

(D) the Department of Health and Human Services created in Section 26B-1-201;

or (E) a charitable clinic.

(9) (a) "Eligible prescription drug" means a prescription drug, described in Section 58-17b-904, that is not:

(i) except as provided in Subsection (9)(b), a controlled substance;

or (ii) a drug that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements.

- 23 - SB0087 compared with SB0087S02 (b) "Eligible prescription drug" includes a medication-assisted treatment drug that may be accepted, transferred, and dispensed under the program in accordance with federal law.

(10) "Licensed intermediate care facility for people with an intellectual disability" means the same as that term is defined in Section 58-17b-503.

(11) "Medically indigent individual" means an individual who:

(a) (i) does not have health insurance;

and (ii) lacks reasonable means to purchase prescribed medications;

or (b) (i) has health insurance;

and (ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed medications.

(12) "Medication-assisted treatment drug" means buprenorphine prescribed to treat substance use withdrawal symptoms or an [opiate] opioid use disorder.

(13) "Nursing care facility" means the same as that term is defined in Section 26B-2-201.

(14) "Physician's office" means a fixed medical facility that:

(a) is staffed by a physician, physician's assistant, nurse practitioner, or registered nurse, licensed under this title;

and (b) treats an individual who presents at, or is transported to, the facility.

(15) "Program" means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903.

(16) "Unit pack" means the same as that term is defined in Section 58-17b-503.

(17) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-17b-501.

(18) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-17b-502.

58-31b-703.58-31b-703 .

{(Effective 05/06/26)}{Opioid } Opiate antagonist -- Exclusion from unprofessional or unlawful conduct.

(b) "Expired {opioid } opiate antagonist" means an {opioid } opiate antagonist that is no more than 24 months past the month and year of the {opioid } opiate antagonist's expiration date.

- 24 - SB0087 compared with SB0087S02 [(b)] (c) "Increased risk" means the same as that term is defined in Section 26B-4-501.

[(c)] (d)(d)(i) (i)"Opiate "{[Opiate{]} Opioid} antagonist" means the same as that term is defined in Section 26B-4-501.

(ii) {"Opioid } "Opiate antagonist" includes an expired {opioid } opiate antagonist.

[(d)] (e) "{[Opiate-related{]}"Opiate-related Opioid-related} drug overdose event" means the same as that term is defined in Section 26B-4-501.

(2) The prescribing or dispensing of an {[opiate{]}opiate opioid} antagonist by a licensee under this chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the {[opiate{]}opiate opioid} antagonist:

(i) an individual who is at increased risk of experiencing an {[opiate-related{]}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{]}opiate-related opioid-related} drug overdose event;

(3) The provisions of this section and Title 26B, Chapter 4, Part 5, Treatment Access, do not- establish7 a- dutyS.B. or standard of care in the prescribing, dispensing, or administration of an {[opiate{]} opioid} antagonist.

{Section87 18.Enrolled Copy not establish a duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.

Section 58-37-2 is amended to read:

} 58-37-2.

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.

- 25 - SB0087 compared with SB0087S02 (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 - 26 - SB0087 compared with SB0087S02 (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 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.

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 - 27 - SB0087 compared with SB0087S02 (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;