State Codes and Statutes
Statutes > Utah > Title-58 > Chapter-83 > 58-83-30258-83-302. Qualifications for licensure.
(1) Each applicant for licensure as an online prescriber under this chapter shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) be of good moral character;
(d) document that the applicant holds a Utah license that is active and in good standingand authorizes the licensee to engage in the assessment, diagnosis, and treatment of humanailments and the prescription of medications;
(e) document that any other professional license the applicant possesses from otherjurisdictions is in good standing;
(f) (i) submit to the division an outline of the applicant's proposed online assessment,diagnosis, and prescribing tool, such as a branching questionnaire; and
(ii) demonstrate the proposed online assessment, diagnosis, and prescribing tool to theboard and establish to the board's satisfaction that the utilization of that assessment tool tofacilitate the prescription of the drugs approved for online prescribing under Section 58-83-305does not compromise the public's health, safety, or welfare;
(g) submit policies and procedures that address patient confidentiality, includingmeasures that will be taken to ensure that the age and other identifying information of the personcompleting the online branching questionnaire are accurate;
(h) describe the mechanism by which the online prescriber and patient will communicatewith one another, including electronic and telephonic communication;
(i) describe how the online prescriber/patient relationship will be established andmaintained;
(j) submit the name, address, and contact person of the Internet facilitator with whom theonline prescriber has contracted to provide services that the online prescriber will use to engagein online assessment, diagnosis, and prescribing; and
(k) submit documentation satisfactory to the board regarding public health, safety, andwelfare demonstrating:
(i) how the online prescriber will comply with the requirements of Section 58-83-305;
(ii) the contractual services arrangement between the online prescriber and:
(A) the Internet facilitator; and
(B) the online contract pharmacy; and
(iii) how the online prescriber will allow and facilitate the division's ability to conductaudits in accordance with Section 58-83-308.
(2) An online prescriber may not use the services of an Internet facilitator or onlinecontract pharmacy whose license is not active and in good standing.
(3) Each applicant for licensure as an online contract pharmacy under this chapter shall:
(a) be licensed in good standing in Utah as a Class A Retail Pharmacy or a Class BClosed Door Pharmacy;
(b) submit a written application in the form prescribed by the division;
(c) pay a fee as determined by the department under Section 63J-1-504;
(d) submit any contract between the applicant and the Internet facilitator with which theapplicant is or will be affiliated;
(e) submit proof of liability insurance acceptable to the division that expressly covers allactivities the online contract pharmacy will engage in under this chapter, which coverage shall be
in a minimum amount of $1,000,000 per occurrence with a policy limit of not less than$3,000,000;
(f) submit a signed affidavit to the division attesting that the online contract pharmacywill not dispense a drug that is prescribed by an online prescriber engaged in the delivery ofonline pharmaceutical services under the provisions of this chapter unless:
(i) the drug is specifically approved by the division under Section 58-83-306; and
(ii) both the prescribing and the dispensing of the drug were facilitated by the Internetfacilitator with whom the Internet contract pharmacy is associated under Subsection58-83-302(3)(d);
(g) document that any other professional license the applicant possesses from otherjurisdictions is active and in good standing; and
(h) demonstrate to the division that the applicant has satisfied any background checkrequired by Section 58-17b-307, and each owner, officer, or manager of the applicant onlinecontract pharmacy has not engaged in any act, practice, or omission, which when considered withthe duties and responsibilities of a licensee under this chapter indicates there is cause to believethat issuing a license under this chapter is inconsistent with the public's health, safety, or welfare.
(4) Each applicant for licensure as an Internet facilitator under this chapter shall:
(a) submit a written application in the form prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) submit any contract between the applicant and the following with which the applicantwill be affiliated:
(i) each online prescriber; and
(ii) the single online contract pharmacy;
(d) submit written policies and procedures satisfactory to the division that:
(i) address patient privacy, including compliance with 45 C.F.R. Parts 160, 162, and 164,Health Insurance Portability and Accountability Act of 1996;
(ii) ensure compliance with all applicable laws by health care personnel and the onlineprescriber who will process patient communications;
(iii) list the hours of operation;
(iv) describe the types of services that will be permitted electronically;
(v) describe the required patient information to be included in the communication, suchas patient name, identification number, and type of transaction;
(vi) establish procedures for archiving and retrieving information; and
(vii) establish quality oversight mechanisms;
(e) submit written documentation of the applicant's security measures to ensure theconfidentiality and integrity of any user-identifiable medical information;
(f) submit a description of the mechanism for:
(i) patients to access, supplement, and amend patient-provided personal healthinformation;
(ii) back-up regarding the Internet facilitator electronic interface;
(iii) the quality of information and services provided via the interface; and
(iv) patients to register complaints regarding the Internet facilitator, the online prescriber,or the online contract pharmacy;
(g) submit a copy of the Internet facilitator's website;
(h) sign an affidavit attesting that:
(i) the applicant will not access any medical records or information contained in themedical record except as necessary to administer the website and the branching questionnaire;and
(ii) the applicant and its principals, and any entities affiliated with them, will only use theservices of a single online contract pharmacy named on the license approved by the division; and
(i) submit any other information required by the division.
Enacted by Chapter 180, 2010 General Session
