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House approves bill to allow limited medication dispensing at employer and clinic sites, with oversight requirements

Utah House of Representatives · March 6, 2014
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Summary

The House passed SSB 55 after extended debate; the measure consolidates prior carve-outs to permit limited dispensing at employer/clinic sites with licensing, recordkeeping and limits on controlled substances. Supporters said it improves access and reduces costs; opponents warned about pharmacist training, safety and possible conflicts without strong oversight.

The Utah House of Representatives on March 6 passed second substitute Senate Bill 55, a package of amendments that would allow certain medical practitioners and employer-based clinics to dispense a narrow set of prepackaged medications and create licensing and oversight standards for those dispensing practices.

Supporters, led on the floor by Representative Stewart E. Barlow, said the bill consolidates a series of earlier "carve-outs" and puts them under a common regulatory model to improve access and save costs for employers and rural communities. "This bill is kind of like a house call but it's even better — it's right at work. You don't even have to leave," Barlow said, arguing the model creates cost efficiencies and reduces lost work time.

The bill clarifies that providers would not be permitted to dispense most controlled substances and would be subject to licensing rules similar to pharmacists. Representative Barlow said the measure also allows limited delivery models for rural areas and would prohibit certain automated dispensing units. "We learned a lot from the events of last year and now we as a state would be better prepared for the future if we pass SSB 55," Barlow told the House.

Opponents raised safety and training concerns. Representative Trevor A. Lee Tanner, who disclosed he is married to a pharmacist, said physicians are not trained as pharmacists and raised questions about whether physician offices can reliably identify drug interactions and dosages. "Physicians are not pharmacists," Tanner said, urging colleagues to withhold support. Other members pressed whether pharmacists and licensing boards had been involved in drafting the bill; the sponsor said retail pharmacists and licensing boards had been closely involved and indicated broad stakeholder engagement.

The bill also contains provisions limiting the share of a pharmacist's revenues that may come from supplying a particular clinic (a 5% rule as amended in the bill's history), and it establishes that disciplinary matters would be referred back to the appropriate professional boards.

After floor debate and questions, the House voted to pass the measure. Second substitute Senate Bill 55 passed the House and will be returned to the Senate for further consideration.

Next steps: the bill will be transmitted back to the Senate (the House recorded the result that SSB 55 received 67 yes votes and 3 no votes on final passage).