§ 58-37-8.2 — Duty to report drug diversion.

Utah § 58-37-8.2

• Jurisdiction: Utah
• Title 58: Occupations and Professions
• Ch. 58-37: Utah Controlled Substances Act

Text

(1) As used in this section:
(1)(a) "Diversion" means a practitioner's transfer of a significant amount of drugs to another individual for an unlawful purpose.
(1)(b) "Drug" means a Schedule II or Schedule III controlled substance, as defined in Section 58-37-4, that is an opiate.
(1)(c) "HIPAA" means the same as that term is defined in Section 26B-3-126.
(1)(d) "Opiate" means the same as that term is defined in Section 58-37-2.
(1)(e) "Practitioner" means an individual:
(1)(e)(i) licensed, registered, or otherwise authorized by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in the course of professional practice; or
(1)(e)(ii) employed by a person who is licensed, registered, or otherwise authorized by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in the course of professional practice or standard operations.
(1)(f) "Significant amount" means an aggregate amount equal to, or more than, 500 morphine milligram equivalents calculated in accordance with guidelines developed by the Centers for Disease Control and Prevention.
(2) An individual is guilty of a class B misdemeanor if the individual:
(2)(a) knows that a practitioner is involved in diversion; and
(2)(b) knowingly fails to report the diversion to a peace officer or law enforcement agency.
(3) Subsection (2) does not apply to the extent that an individual is prohibited from reporting by 42 C.F.R. Part 2 or HIPAA.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session; Renumbered and Amended by Chapter 173, 2025 General Session