HB 257

02-19 16:02  1st Sub. (Buff) H.B. 257
  Nicholeen P. Peck proposes the following substitute bill:
1Opiate Information Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Nicholeen P. Peck
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses opiate abuse prevention pamphlets.
6   Highlighted Provisions:
7This bill:
8▸ requires a pharmacy to provide patients with an informational pamphlet regarding opiate
9   abuse prevention created by the Department of Health and Human Services.
10   Money Appropriated in this Bill:
11None
12   Other Special Clauses:
13None
14   Utah Code Sections Affected:
15   AMENDS:
1626B-4-514, as renumbered and amended by Laws of Utah 2023, Chapter 307
1758-37-7, as last amended by Laws of Utah 2024, Chapter 381
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18
19   Be it enacted by the Legislature of the state of Utah:
20Section 1. Section 26B-4-514 is amended to read:
2126B-4-514 . Opiate abuse prevention pamphlet.
22   (1) [As funding is available, the] The department shall [produce and distribute] create and
23make available online, in conjunction with the Office of Substance Use and Mental
24Health, a pamphlet about opiates that includes information regarding:
25(a) the risk of dependency and addiction;
26(b) methods for proper storage and disposal;
27(c) alternative options for pain management;
28(d) the benefits of and ways to obtain naloxone; and
29(e) resources if the patient believes that the patient has a substance use disorder.
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30   (2) The pamphlet described in Subsection (1) shall be:
31(a) evaluated periodically for effectiveness at conveying necessary information and
32revised accordingly;
33(b) written in simple and understandable language; and
34(c) available in English and other languages that the department determines to be
35appropriate and necessary.
36Section 2. Section 58-37-7 is amended to read:
3758-37-7 . Labeling and packaging controlled substance -- Informational
38   pamphlet for opiates -- Naloxone education and offer to dispense.
39   (1) A person licensed pursuant to this act may not distribute a controlled substance unless it
40is packaged and labeled in compliance with the requirements of Section 305 of the
41Federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
42   (2) No person except a pharmacist for the purpose of filling a prescription shall alter,
43deface, or remove any label affixed by the manufacturer.
44   (3) Whenever a pharmacy sells or dispenses any controlled substance on a prescription
45issued by a practitioner, the pharmacy shall affix to the container in which the substance
46is sold or dispensed:
47(a) a label showing the:
48(i) pharmacy name and address;
49(ii) serial number; and
50(iii) date of initial filling;
51(b) the prescription number, the name of the patient, or if the patient is an animal, the
52name of the owner of the animal and the species of the animal;
53(c) the name of the practitioner by whom the prescription was written;
54(d) any directions stated on the prescription; and
55(e) any directions required by rules and regulations promulgated by the department.
56   (4) Whenever a pharmacy sells or dispenses a Schedule II or Schedule III controlled
57substance that is an opiate, the pharmacy shall:
58(a) affix a warning to the container or the lid for the container in which the substance is
59sold or dispensed that contains the following text:
60(i) "Caution: Opioid. Risk of overdose and addiction"; or
61(ii) any other language that is approved by the Department of Health and Human
62Services;
63(b) beginning January 1, 2024:
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64(i) offer to counsel the patient or the patient's representative on the use and
65availability of an opiate antagonist as defined in Section 26B-4-501; and
66(ii) offer to dispense an opiate antagonist as defined in Section 26B-4-501 to the
67patient or the patient's representative, under a prescription from a practitioner or
68under Section 26B-4-510, if the patient:
69(A) receives a single prescription for 50 morphine milligram equivalents or more
70per day, calculated in accordance with guidelines developed by the United
71States Centers for Disease Control and Prevention;
72(B) is being dispensed an opioid and the pharmacy dispensed a benzodiazepine to
73the patient in the previous 30 day period; or
74(C) is being dispensed a benzodiazepine and the pharmacy dispensed an opioid to
75the patient in the previous 30 day period.
76   (5)(a) A pharmacy who sells or dispenses a Schedule II or Schedule III controlled
77substance that is an opiate shall[, if available from the Department of Health and
78Human Services, ] print and prominently display at the point of sale the informational
79pamphlet [developed] created by the Department of Health and Human Services
80under Section 26B-4-514.
81(b) The board and the Department of Health and Human Services shall encourage
82pharmacies to use the informational pamphlet to engage in patient counseling
83regarding the risks associated with taking opiates.
84[(c) The requirement in Subsection (5)(a) does not apply to a pharmacy if the pharmacy
85is unable to obtain the informational pamphlet from the Department of Health and
86Human Services for any reason.]
87   (6) A person may not alter the face or remove any label so long as any of the original
88contents remain.
89   (7)(a) An individual to whom or for whose use any controlled substance has been
90prescribed, sold, or dispensed by a practitioner and the owner of any animal for
91which any controlled substance has been prescribed, sold, or dispensed by a
92veterinarian may lawfully possess it only in the container in which it was delivered to
93the individual by the person selling or dispensing it.
94(b) It is a defense to a prosecution under this subsection that the person being prosecuted
95produces in court a valid prescription for the controlled substance or the original
96container with the label attached.
97Section 3. Effective Date.
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98   This bill takes effect on May 6, 2026.
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