reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 3 - Liability for participation in the illegal drug market.

58-37e-3.
Liability for participation in the illegal drug market.
(1) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. A person may recover damages under this chapter for injury resulting from an individual's use of an illegal drug.
(2) A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the illegal drug market, if the participation is in furtherance of an official investigation.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 4 - Recovery of damages.

58-37e-4.
Recovery of damages.
(1) One or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug:
(a) a parent, legal guardian, child, spouse, or sibling of the individual drug user;
(b) an individual who was exposed to an illegal drug in utero;
(c) an employer of the individual drug user;
(d) a medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user; or
(e) a person injured as a result of the willful, reckless, or negligent actions of an individual drug user.
(2) A person entitled to bring an action under this section may seek damages from one or more of the following:
(a) a person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user;
(b) a person who knowingly participated in the illegal drug market if:
(i) the place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;
(ii) the defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and
(iii) the defendant participated in the illegal drug market at any time during the individual drug user's period of illegal drug use.
(3) A person entitled to bring an action under this section may recover all of the following damages:
(a) economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;
(b) noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug;
(c) exemplary damages;
(d) reasonable attorney's fees; and
(e) costs of suit, including reasonable expenses for expert testimony.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 5 - Limited recovery of damages.

58-37e-5.
Limited recovery of damages.
(1) An individual drug user may not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this section. An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:
(a) the individual personally discloses to narcotics enforcement authorities, more than six months before filing the action, all of the information known to the individual regarding all that individual's sources of illegal drugs;
(b) the individual has not used an illegal drug within the six months before filing the action; and
(c) the individual continues to remain free of the use of an illegal drug throughout the pendency of the action.
(2) A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user.
(3) A person entitled to bring an action under this section may recover only the following damages:
(a) economic damages, including the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use;
(b) reasonable attorney's fees; and
(c) costs of suit, including reasonable expenses for expert testimony.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 6 - Third party cases.

58-37e-6.
Third party cases.
A third party may not pay damages awarded under this chapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 7 - Illegal drug market target community.

58-37e-7.
Illegal drug market target community.
A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community:
(1) Level 4: the county in which the defendant's place of participation is situated;
(2) Level 3: the target community described in Subsection (1) plus all counties with a border contiguous to that target community;
(3) Level 2: the target community described in Subsection (2) plus all counties with a border contiguous to that target community;
(4) Level 1: the state.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 8 - Joinder of parties.

58-37e-8.
Joinder of parties.
(1) Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.
(2) Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff.
(3) A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 9 - Comparative responsibility.

58-37e-9.
Comparative responsibility.
(1) An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
(2) The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(3) Comparative responsibility may not be applied in an action brought by a third party who was not an individual drug user.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 10 - Contribution among and recovery from multiple defendants.

58-37e-10.
Contribution among and recovery from multiple defendants.
A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter and existing law against a person whom a defendant has asserted a right of contribution.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 11 - Standard of proof -- Effect of criminal drug conviction.

58-37e-11.
Standard of proof -- Effect of criminal drug conviction.
(1) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
(2) A person against whom recovery is sought who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. 91-513, 84 Stat. 1236, codified at 21 U.S.C. Sec. 801 et seq., is estopped from denying participation in the illegal drug market. A conviction is also prima facie evidence of the person's participation in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.
(3) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 12 - Prejudgment attachment and execution on judgments.

58-37e-12.
Prejudgment attachment and execution on judgments.
(1) A plaintiff under this chapter, subject to Subsection (3), may request an ex parte prejudgment writ of attachment from the court pursuant to Utah Rules of Civil Procedure, Rule 64A against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.
(2) A person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment, unless the property is exempt by operation of law.
(3) Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 13 - Statute of limitations.

58-37e-13.
Statute of limitations.
(1) Except as otherwise provided in this section, a claim under this chapter may not be brought more than two years after the cause of action accrues. A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.
(2)
(a) For a plaintiff, the statute of limitations under this section is tolled while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter or as otherwise provided by law.
(b) For a defendant, the statute of limitations under this section is tolled until six months after the individual potential defendant is convicted of a criminal drug offense or as otherwise provided by law.
(3) The statute of limitations under this chapter for a claim based on participation in the illegal drug market that occurred prior to the effective date of this chapter does not begin to run until the effective date of this chapter.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37e - Drug Dealer's Liability Act › Section 14 - Representation of governmental entities -- Stay of action.

58-37e-14.
Representation of governmental entities -- Stay of action.
(1) A county attorney, district attorney, or city attorney may represent any political subdivision of the state, and the attorney general may represent the state in an action brought under this chapter.
(2) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.
Enacted by Chapter 349, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
58-37f-102.
Definitions.
(1) The definitions in Section 58-37-2 apply to this chapter.
(2) As used in this chapter:
(a) "Board" means the Utah State Board of Pharmacy created in Section 58-17b-201.
(b) "Business associate" is as defined under the HIPAA privacy, security, and breach notification rules in 45 C.F.R. 164.502(a), 164.504(e), and 164.532(d) and (e).
(c) "Database" means the controlled substance database created in Section 58-37f-201.
(d) "De-identified" is as defined in 45 C.F.R. 164.502(d) and 164.514(a), (b), and (c).
(e) "Health care facility" is as defined in Section 26B-2-201.
(f) "Mental health therapist" is as defined in Section 58-60-102.
(g) "Pharmacy" or "pharmaceutical facility" is as defined in Section 58-17b-102.
(h) "Prospective patient" means an individual who:
(i) is seeking medical advice, medical treatment, or medical services from a practitioner; and
(ii) the practitioner described in Subsection (2)(h)(i) is considering accepting as a patient.
(i) "Substance abuse treatment program" is as defined in Section 26B-2-101.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 2 - Controlled Substance Database › Section 201 - Controlled substance database -- Creation -- Purpose.

Effective 5/3/2023
58-37f-201.
Controlled substance database -- Creation -- Purpose.
(1) There is created within the division a controlled substance database.
(2) The division shall administer and direct the functioning of the database in accordance with this chapter.
(3) The division may, under state procurement laws, contract with another state agency or a private entity to establish, operate, or maintain the database.
(4) The division shall, in collaboration with the board, determine whether to operate the database within the division or contract with another entity to operate the database, based on an analysis of costs and benefits.
(5) The purpose of the database is to contain:
(a) the data described in Section 58-37f-203 regarding prescriptions for dispensed controlled substances;
(b) data reported to the division under Section 26B-2-225 regarding poisoning or overdose;
(c) data reported to the division under Subsection 41-6a-502(5) or 41-6a-502.5(5)(b) regarding convictions for driving under the influence of a prescribed controlled substance or impaired driving; and
(d) data reported to the division under Subsection 58-37-8(1)(e) or 58-37-8(2)(g) regarding certain violations of Chapter 37, Utah Controlled Substances Act.
(6) The division shall maintain the database in an electronic file or by other means established by the division to facilitate use of the database for identification of:
(a) prescribing practices and patterns of prescribing and dispensing controlled substances;
(b) practitioners prescribing controlled substances in an unprofessional or unlawful manner;
(c) individuals receiving prescriptions for controlled substances from licensed practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet in quantities or with a frequency inconsistent with generally recognized standards of dosage for that controlled substance;
(d) individuals presenting forged or otherwise false or altered prescriptions for controlled substances to a pharmacy;
(e) individuals admitted to a general acute hospital for poisoning or overdose involving a prescribed controlled substance; and
(f) individuals convicted for:
(i) driving under the influence of a prescribed controlled substance that renders the individual incapable of safely operating a vehicle;
(ii) driving while impaired, in whole or in part, by a prescribed controlled substance; or
(iii) certain violations of Chapter 37, Utah Controlled Substances Act.
Amended by Chapter 329, 2023 General Session
Amended by Chapter 415, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 2 - Controlled Substance Database › Section 202 - Duties of board in relation to the database.

58-37f-202.
Duties of board in relation to the database.
The board shall advise the division regarding:
(1) establishing, maintaining, and operating the database;
(2) access to the database and how access is obtained; and
(3) control of information contained in the database.
Enacted by Chapter 287, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 3 - Access and Utilization › Section 302 - Other restrictions on access to database.

Effective 5/5/2021
58-37f-302.
Other restrictions on access to database.
(1) A person who is a relative of a deceased individual is not entitled to access information from the database relating to the deceased individual based on the fact or claim that the person is:
(a) related to the deceased individual; or
(b) subrogated to the rights of the deceased individual.
(2) Except as provided in Subsections (3) and (4), data provided to, maintained in, or accessed from the database that may be identified to, or with, a particular person is not subject to discovery, subpoena, or similar compulsory process in a civil, judicial, administrative, or legislative proceeding, nor shall an individual or organization with lawful access to the data be compelled to testify with regard to the data.
(3) The restrictions described in Subsection (2) do not apply to a civil, judicial, or administrative action brought:
(a) to enforce the provisions of this chapter; or
(b) against a managed care organization, as defined in 42 C.F.R. Sec. 438.2, if:
(i) the action is related to Medicaid coverage;
(ii) the managed care organization has entered into a written agreement with the Department of Health as described in Subsection 58-37f-301(2)(g); and
(iii) the division and the Department of Health agree in writing not to apply the restrictions described in Subsection (2).
(4)
(a) Subject to the requirements of this Subsection (4), in a state criminal proceeding a court may:
(i) order the release of information contained in the database if the court determines good cause has been shown in accordance with Rule 16, Utah Rules of Criminal Procedure; and
(ii) at any time order that information released under this Subsection (4) be restricted, limited, or restrained from further dissemination as the court determines is appropriate.
(b) Upon the motion of a defendant, a court may only issue an order compelling the production of database information under this Subsection (4) that pertains to a victim if the court finds upon notice as provided in Subsection (4)(c), and after a hearing, that the defendant is entitled to production of the information under applicable state and federal law.
(c) A motion by a defendant for database information pertaining to a victim shall be served by the defendant on:
(i) the prosecutor and on counsel for the victim or victim's representative; or
(ii) the prosecutor if the victim is unrepresented by counsel.
(d) Upon a defendant's motion for database information pertaining to a victim, if the court determines that good cause exists to order release of database information pertaining to the victim, the court shall conduct an in camera review of the database information and may only disclose to the defense and prosecution those portions of database information that are relevant to the state criminal proceeding.
Amended by Chapter 104, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 4 - Registration and Training › Section 401 - Database registration required -- Penalties for failure to register.

Effective 5/8/2018
58-37f-401.
Database registration required -- Penalties for failure to register.
(1) Each individual, other than a veterinarian, who, on June 30, 2010, has a license to prescribe a controlled substance under Chapter 37, Utah Controlled Substances Act, but is not registered with the division to use the database shall, on or before September 30, 2010, register with the division to use the database.
(2)
(a) An individual who is not a veterinarian, who obtains a new license to prescribe a controlled substance under Chapter 37, Utah Controlled Substances Act, shall, within 30 days after the day on which the individual obtains a license to prescribe a controlled substance from the Drug Enforcement Administration, register with the division to use the database.
(b) An individual who is not a veterinarian may not renew a license to prescribe a controlled substance under Chapter 37, Utah Controlled Substances Act, unless the individual registers with the division to use the database.
(3) Beginning on November 2, 2012, in order to register to use the database, the individual registering must participate in the online tutorial and pass the online test described in Section 58-37f-402.
(4) Failure by an individual to comply with the requirements of this section is grounds for the division to take the following actions in accordance with Section 58-1-401:
(a) refuse to issue a license to the individual;
(b) refuse to renew the individual's license; or
(c) revoke, suspend, restrict, or place on probation the license.
(5) Beginning on July 1, 2010, the division shall, in accordance with Section 63J-1-504, impose an annual database registration fee on an individual who registers to use the database, to pay the startup and ongoing costs of the division for complying with the requirements of this section.
Amended by Chapter 318, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 4 - Registration and Training › Section 402 - Online tutorial and test relating to the database -- Fees -- Rulemaking authority -- Continuing professional education credit.

Effective 5/8/2018
58-37f-402.
Online tutorial and test relating to the database -- Fees -- Rulemaking authority -- Continuing professional education credit.
(1) The division shall develop an online tutorial and an online test for registration to use the database that provides instruction regarding, and tests, the following:
(a) the purpose of the database;
(b) how to access and use the database;
(c) the law relating to:
(i) the use of the database; and
(ii) the information submitted to, and obtained from, the database; and
(d) basic knowledge that is important for all people who prescribe controlled substances to know in order to help ensure the health and safety of an individual to whom a controlled substance is prescribed.
(2) The division shall design the test described in this section as follows:
(a) an individual shall answer all of the questions correctly in order to pass the test;
(b) an individual shall be permitted to immediately retake the portion of the test that the individual answers incorrectly as many times as necessary for the individual to pass the test; and
(c) after an individual takes the test, the test software shall:
(i) immediately inform the individual of the number of questions that were answered incorrectly;
(ii) provide the correct answers;
(iii) replay the portion of the tutorial that relates to the incorrectly answered questions; and
(iv) ask the individual the incorrectly answered questions again.
(3) The division shall design the tutorial and test so that it is possible to take the tutorial and complete the test in 20 minutes or less, if the individual answers all of the questions correctly on the first attempt.
(4) The division shall ensure that the tutorial and test described in this section are fully functional and available for use online on or before November 1, 2010.
(5) The division shall impose a fee, in accordance with Section 63J-1-504, on an individual who takes the test described in this section, to pay the costs incurred by the division to:
(a) develop, implement, and administer the tutorial and test described in this section; and
(b) fulfill the other duties imposed on the division under this part.
(6) The division may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) develop, implement, and administer the tutorial and test described in this section; and
(b) fulfill the other duties imposed on the division under this part.
(7) The Department of Health shall assist the division in developing the portion of the test described in Subsection (1)(d).
Amended by Chapter 318, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 5 - Costs and Funding › Section 501 - Costs of operating database and recording and submitting data.

58-37f-501.
Costs of operating database and recording and submitting data.
(1) All department and division costs necessary to establish and operate the database shall be funded by appropriations from:
(a) the Commerce Service Account; and
(b) the General Fund.
(2) All costs associated with recording and submitting data as required in this chapter shall be assumed by the submitting pharmacy.
Amended by Chapter 287, 2010 General Session, (Coordination Clause)
Enacted by Chapter 287, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 5 - Costs and Funding › Section 502 - Use of dedicated credits -- Controlled Substance Database -- Collection of penalties.

58-37f-502.
Use of dedicated credits -- Controlled Substance Database -- Collection of penalties.
(1) The director may use the money deposited in the General Fund as a dedicated credit under Subsections 58-37-6(8)(a), 58-37f-601(3)(d), and 58-37f-602(2) for the following purposes:
(a) maintenance and replacement of the database equipment, including hardware and software;
(b) training of staff; and
(c) pursuit of external grants and matching funds.
(2) The director of the division may collect any penalty imposed under Subsections 58-37-6(8)(a), 58-37f-601(3)(d), and 58-37f-602(2) and which is not paid by:
(a) referring the matter to the Office of State Debt Collection or a collection agency; or
(b) bringing an action in the district court of the county in which the person owing the debt resides or in the county where the office of the director is located.
(3) The director may seek legal assistance from the attorney general or the county or district attorney of the district in which the action is brought to collect the fine.
(4) The court shall award reasonable attorney fees and costs to the division for successful collection actions under Subsection (2)(b).
Renumbered and Amended by Chapter 287, 2010 General Session
Amended by Chapter 391, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 6 - Penalties › Section 602 - Failure by pharmacist to submit information -- Penalties.

Effective 5/8/2018
58-37f-602.
Failure by pharmacist to submit information -- Penalties.
(1) The failure of a pharmacist-in-charge, a pharmacy, or a third party under contract with a pharmacist-in-charge to submit information to the database in accordance with the requirements of Section 58-37f-203, after the division has submitted a specific written request for the information or when the division determines the pharmacist-in-charge, pharmacy, or third party has a demonstrable pattern of failing to submit the information as required, is grounds for the division to take the following actions in accordance with Section 58-1-401:
(a) refuse to issue a license to the pharmacist-in-charge or the pharmacy;
(b) refuse to renew the license of the pharmacist-in-charge or the pharmacy;
(c) revoke, suspend, restrict, or place on probation the license of the pharmacist-in-charge or the pharmacy;
(d) issue a public reprimand to the pharmacist-in-charge or the pharmacy;
(e) issue a cease and desist order to the pharmacist-in-charge, the pharmacy, or the third party; and
(f) impose a civil penalty on the pharmacist-in-charge, the pharmacy, or the third party of up to $1,000 for each dispensed prescription regarding which the required information is not submitted in accordance with the requirements of Section 58-37f-203.
(2) Civil penalties assessed under Subsection (1)(f) shall be deposited in the General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1).
(3) The procedure for determining a civil violation of this section shall be in accordance with Section 58-1-108, regarding adjudicative proceedings within the division.
Amended by Chapter 123, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 7 - Miscellaneous › Section 701 - Immunity from liability.

Effective 5/8/2018
58-37f-701.
Immunity from liability.
(1) An individual who has submitted information to or accessed and reviewed the database in accordance with this chapter may not be held civilly liable, including under Title 78B, Chapter 3, Part 4, Utah Health Care Malpractice Act, for such actions, or a lack of action, which are protected and are not subject to civil discovery, as provided in Section 58-37f-302.
(2) Nothing in Section 58-37f-304 establishes a minimum standard of care for prescribers and dispensers.
Amended by Chapter 327, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 7 - Miscellaneous › Section 702 - Reporting prescribed controlled substance poisoning or overdose to a practitioner.

Effective 5/3/2023
58-37f-702.
Reporting prescribed controlled substance poisoning or overdose to a practitioner.
(1)
(a) The division shall take the actions described in Subsection (1)(b) if the division receives a report from a general acute hospital under Section 26B-2-225 regarding admission to a general acute hospital for poisoning or overdose involving a prescribed controlled substance.
(b) The division shall, within three business days after the day on which a report in Subsection (1)(a) is received:
(i) attempt to identify, through the database, each practitioner who may have prescribed the controlled substance to the patient; and
(ii) provide each practitioner identified under Subsection (1)(b)(i) with:
(A) a copy of the report provided by the general acute hospital under Section 26B-2-225; and
(B) the information obtained from the database that led the division to determine that the practitioner receiving the information may have prescribed the controlled substance to the person named in the report.
(2)
(a) When the division receives a report from the medical examiner under Section 26B-8-210 regarding a death caused by poisoning or overdose involving a prescribed controlled substance, for each practitioner identified by the medical examiner under Subsection 26B-8-210(1)(c), the division:
(i) shall, within five business days after the day on which the division receives the report, provide the practitioner with a copy of the report; and
(ii) may offer the practitioner an educational visit to review the report.
(b) A practitioner may decline an educational visit described in Subsection (2)(a)(ii).
(c) The division may not use, in a licensing investigation or action by the division:
(i) information from an educational visit described in Subsection (2)(a)(ii); or
(ii) a practitioner's decision to decline an educational visit described in Subsection (2)(a)(ii).
(3) It is the intent of the Legislature that the information provided under Subsection (1) or (2) is provided for the purpose of assisting the practitioner in:
(a) discussing with the patient or others issues relating to the poisoning or overdose;
(b) advising the patient or others of measures that may be taken to avoid a future poisoning or overdose; and
(c) making decisions regarding future prescriptions written for the patient or others.
(4) Any record created by the division as a result of an educational visit described in Subsection (2)(a)(ii) is a protected record for purposes of Title 63G, Chapter 2, Government Records Access and Management Act.
(5) Beginning on July 1, 2010, the division shall, in accordance with Section 63J-1-504, increase the licensing fee described in Subsection 58-37-6(1)(b) to pay the startup and ongoing costs of the division for complying with the requirements of this section.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 7 - Miscellaneous › Section 703 - Entering certain convictions into the database and reporting them to practitioners.

Effective 5/3/2023
58-37f-703.
Entering certain convictions into the database and reporting them to practitioners.
(1) When the division receives a report from a court under Subsection 41-6a-502(5) or 41-6a-502.5(5)(b) relating to a conviction for driving under the influence of, or while impaired by, a prescribed controlled substance, the division shall:
(a) daily enter into the database the information supplied in the report, including the date on which the person was convicted;
(b) attempt to identify, through the database, each practitioner who may have prescribed the controlled substance to the convicted person; and
(c) provide each practitioner identified under Subsection (1)(b) with:
(i) a copy of the information provided by the court; and
(ii) the information obtained from the database that led the division to determine that the practitioner receiving the information may have prescribed the controlled substance to the convicted person.
(2) It is the intent of the Legislature that the information provided under Subsection (1)(b) is provided for the purpose of assisting the practitioner in:
(a) discussing the manner in which the controlled substance may impact the convicted person's driving;
(b) advising the convicted person on measures that may be taken to avoid adverse impacts of the controlled substance on future driving; and
(c) making decisions regarding future prescriptions written for the convicted person.
(3) Beginning on July 1, 2010, the division shall, in accordance with Section 63J-1-504, increase the licensing fee described in Subsection 58-37-6(1)(b) to pay the startup and ongoing costs of the division for complying with the requirements of this section.
Amended by Chapter 415, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37f - Controlled Substance Database Act › Part 7 - Miscellaneous › Section 704 - Entering certain convictions into the database.

Effective 5/4/2022
58-37f-704.
Entering certain convictions into the database.
Beginning October 1, 2016, if the division receives a report from a court under Subsection 58-37-8(1)(e) or 58-37-8(2)(g), the division shall daily enter into the database the information supplied in the report.
Amended by Chapter 116, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 38a - Controlled Substances Advisory Committee Act › Part 1 - General Provisions › Section 102 - Definitions.

58-38a-102.
Definitions.
(1) "Committee" means the Controlled Substances Advisory Committee created in this chapter.
(2) "Controlled substance schedule" or "schedule" means a schedule as defined under Section 58-37-4.
Enacted by Chapter 231, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 38a - Controlled Substances Advisory Committee Act › Part 2 - Controlled Substances Advisory Committee › Section 201 - Controlled Substances Advisory Committee.

Effective 5/4/2022
58-38a-201.
Controlled Substances Advisory Committee.
There is created within the Division of Professional Licensing the Controlled Substances Advisory Committee. The committee consists of:
(1) the director of the Department of Health or the director's designee;
(2) the State Medical Examiner or the examiner's designee;
(3) the commissioner of the Department of Public Safety or the commissioner's designee;
(4) the director of the Bureau of Forensic Services created in Section 53-10-401, or the director's designee;
(5) the director of the Utah Poison Control Center or the director's designee;
(6) one physician who is a member of the Physicians Licensing Board and is designated by that board;
(7) one pharmacist who is a member of the Utah State Board of Pharmacy and is designated by that board;
(8) one dentist who is a member of the Dentist and Dental Hygienist Licensing Board and is designated by that board;
(9) one physician who is currently licensed and practicing in the state, to be appointed by the governor;
(10) one psychiatrist who is currently licensed and practicing in the state, to be appointed by the governor;
(11) one individual with expertise in substance abuse addiction, to be appointed by the governor;
(12) one representative from the Statewide Association of Prosecutors, to be designated by that association;
(13) one naturopathic physician who is currently licensed and practicing in the state, to be appointed by the governor;
(14) one advanced practice registered nurse who is currently licensed and practicing in this state, to be appointed by the governor; and
(15) one member of the public, to be appointed by the governor.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 38a - Controlled Substances Advisory Committee Act › Part 2 - Controlled Substances Advisory Committee › Section 202 - Terms of committee service.

Effective 5/12/2020
58-38a-202.
Terms of committee service.
(1)
(a) Members of the advisory committee shall serve terms of four years, except that the members under Subsections 58-38a-201(1), (2), (3), and (4) shall serve during their terms as appointed officials.
(b) Vacancies in the committee occurring otherwise than by the expiration of a term shall be filled for the unexpired term in the same manner as original appointments.
(2) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(3)
(a) The director of the Department of Health, or the director's designee, is the chair of the committee.
(b) The advisory committee meets at the call of the chair or at the call of a majority of the committee members.
(c) The advisory committee meets annually and more often as required to carry out its duties under this chapter.
(d) Seven members of the advisory committee constitute a quorum.
(e) Action by the committee requires a majority vote of a quorum.
Amended by Chapter 26, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-258 on 7/1/2033
58-40-101.
Title.
This chapter is known as the "Recreational Therapy Practice Act."
Renumbered and Amended by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 1 - General Provisions › Section 103 - Rulemaking.

Affected by 63I-1-258 on 7/1/2033
58-40-103.
Rulemaking.
When exercising rulemaking authority under this chapter, the division shall comply with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 2 - Board › Section 201 - Board.

Affected by 63I-1-258 on 7/1/2033
58-40-201.
Board.
(1) There is created the Board of Recreational Therapy, consisting of:
(a) two master therapeutic recreation specialists;
(b) one therapeutic recreation specialist;
(c) one therapeutic recreation technician; and
(d) one member of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3)
(a) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
(b) In addition, the board shall designate one of its members on a permanent rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(ii) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in the investigation of a complaint may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding relating to the complaint.
Renumbered and Amended by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

Affected by 63I-1-258 on 7/1/2033
58-40-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of recreational therapy, except as specifically provided in Section 58-40-305 or 58-1-307.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of:
(a) master therapeutic recreation specialist;
(b) therapeutic recreation specialist; or
(c) therapeutic recreation technician.
Enacted by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Affected by 63I-1-258 on 7/1/2033
Effective 5/12/2020
58-40-302.
Qualifications for licensure.
(1) An applicant for licensure under this chapter shall:
(a) submit an application in a form prescribed by the division; and
(b) pay a fee determined by the department under Section 63J-1-504.
(2) In addition to the requirements of Subsection (1), an applicant for licensure as a master therapeutic recreation specialist under this chapter shall as defined by division rule:
(a) complete an approved graduate degree;
(b) complete 4,000 qualifying hours of paid experience as:
(i) a licensed therapeutic recreation specialist if completed in the state; or
(ii) a certified therapeutic recreation specialist certified by the National Council for Therapeutic Recreation Certification if completed outside of the state; and
(c) pass an approved examination.
(3) In addition to the requirements of Subsection (1), an applicant for licensure as a therapeutic recreation specialist under this chapter shall, as defined by division rule:
(a) complete an approved:
(i) bachelor's degree in therapeutic recreation or recreational therapy;
(ii) bachelor's degree with an approved emphasis, option, or concentration in therapeutic recreation or recreational therapy; or
(iii) graduate degree;
(b) complete an approved practicum; and
(c) pass an approved examination.
(4) In addition to the requirements of Subsection (1), an applicant for licensure as a therapeutic recreation technician under this chapter shall, as defined by division rule:
(a) have a high school diploma or GED equivalent;
(b) complete an approved:
(i) educational course in therapeutic recreation taught by a licensed master therapeutic recreation specialist; or
(ii) six semester hours or nine quarter hours in therapeutic recreation or recreational therapy from an accredited college or university;
(c) complete an approved practicum under the supervision of:
(i) a licensed master therapeutic recreation specialist; or
(ii) an on-site, full-time, employed therapeutic recreation specialist;
(d) pass an approved examination; and
(e) complete a minimum of two hours of training in suicide prevention via a course that the division designates as approved.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Affected by 63I-1-258 on 7/1/2033
58-40-303.
Term of license -- Expiration -- Renewal.
(1) The division shall issue a license under this chapter in accordance with a two-year renewal cycle established by rule.
(2) The division may, by rule, extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(3) A license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Renumbered and Amended by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 3 - Licensing › Section 304 - Continuing education.

Affected by 63I-1-258 on 7/1/2033
Effective 5/12/2015
58-40-304.
Continuing education.
(1) In collaboration with the board, the division shall make rules to provide that as a condition precedent for license renewal, a licensee shall complete continuing education requirements during each license period.
(2) In addition to a continuing education requirement provided by the division under Subsection (1), the division shall require a licensee, as a condition of renewal of the licensee's license, to complete a minimum of two hours of training in suicide prevention via a course that the division designates as approved.
Amended by Chapter 77, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 3 - Licensing › Section 305 - Exemptions from licensure.

Affected by 63I-1-258 on 7/1/2033
58-40-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, a person may conduct or participate in a recreational activity without being licensed under this chapter if the person is using the recreational activity for the sole outcome of the recreational experience and is not using recreational activity as a therapeutic intervention following the therapeutic recreation process.
Enacted by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

Affected by 63I-1-258 on 7/1/2033
58-40-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusal to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Renumbered and Amended by Chapter 82, 2012 General Session