1. (1)(a) A prescribing practitioner is automatically exempt from the electronic prescription requirements of Section 58-37-22 if the prescribing practitioner issues:

   1. (i) 300 or fewer controlled substance prescriptions in a calendar year; or

      1. (ii) 25 or fewer controlled substance prescriptions in a calendar month.

   2. (b) The measurement in Subsection (1)(a) does not include or count any prescription in a measured calendar year or month that:

      1. (i) is otherwise exempt from the electronic prescription requirement; or
      2. (ii) is a prescription refill, except for a refill that is the first occurrence of the unique prescription in a measured calendar year.
2. (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. (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. (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. (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.

   1. (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.
   2. (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.

KEY: controlled substances, licensing

Date of Last Change: February 24, 2025

Notice of Continuation: December 14, 2021

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)