Utah Admin. Code R156-37-610 - Small Prescriber Exemption
(1)
(a) A
prescribing practitioner is automatically exempt from the electronic
prescription requirements of Section
58-37-22 if the prescribing
practitioner issues:
(i) 300 or fewer
controlled substance prescriptions in a calendar year; or
(ii) 25 or fewer controlled substance
prescriptions in a calendar month.
(b) The measurement in Subsection (1)(a) does
not include or count any prescription in a measured calendar year or month
that:
(i) is otherwise exempt from the
electronic prescription requirement; or
(ii) is a prescription refill, except for a
refill that is the first occurrence of the unique prescription in a measured
calendar year.
(2) A prescribing practitioner does not need
to register with or report data to the Division to be eligible for the small
prescriber exemption of this section.
(3) The Division shall measure a prescribing
practitioner's compliance with the small prescriber exemption based on the
prescribing practitioner's National Provider Identifier (NPI) and by analyzing
the prescribing practitioner's prescriptions recorded in the Controlled
Substances Database created in Section
58-37f-201.
(4) A prescribing practitioner is responsible
for monitoring their compliance with the small prescriber exemption, and may
check their eligibility by accessing the Controlled Substance Database and
reviewing their issued prescriptions.
(5)
(a) If
the Division determines that a prescribing practitioner is noncompliant with
this section, the Division may send the prescribing practitioner a notice of
noncompliance, and may take action against the prescribing practitioner for
unprofessional conduct under Section
R156-37-502.
(b) The Division may notify any prescribing
practitioner at any time that the prescribing practitioner is not eligible for
a small prescriber exemption under this section.
(c) A prescribing practitioner who receives
notice from the Division under Subsection (5)(b) may not use the small
prescriber exemption unless the prescribing practitioner receives subsequent
written approval from the Division.
Notes
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