Reporting prescribed controlled substance poisoning or overdose to a practitioner.
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(1)
(a) The division shall take the actions described in Subsection (1)(b) if the division receives a report from a general acute hospital under Section 26-21-26 regarding admission to a general acute hospital for poisoning or overdose involving a prescribed controlled substance.
(b) The division shall, within three business days after the day on which a report in Subsection (1)(a) is received:
(i) attempt to identify, through the database, each practitioner who may have prescribed the controlled substance to the patient; and
(ii) provide each practitioner identified under Subsection (1)(a) with:
(A) a copy of the report provided by the general acute hospital under Section 26-21-26; and
(B) the information obtained from the database that led the division to determine that the practitioner receiving the information may have prescribed the controlled substance to the person named in the report.
(2)
(a) When the division receives a report from the medical examiner under Section 26-4-10.5 regarding a death caused by poisoning or overdose involving a prescribed controlled substance, for each practitioner identified by the medical examiner under Subsection 26-4-10.5(1)(c), the division:
(i) shall, within five business days after the day on which the division receives the report, provide the practitioner with a copy of the report; and
(ii) may offer the practitioner an educational visit to review the report.
(b) A practitioner may decline an educational visit described in Subsection (2)(a)(ii).
(c) The division may not use, in a licensing investigation or action by the division:
(i) information from an educational visit described in Subsection (2)(a)(ii); or
(ii) a practitioner's decision to decline an educational visit described in Subsection (2)(a)(ii).
(3) It is the intent of the Legislature that the information provided under Subsection (1) or (2) is provided for the purpose of assisting the practitioner in:
(a) discussing with the patient or others issues relating to the poisoning or overdose;
(b) advising the patient or others of measures that may be taken to avoid a future poisoning or overdose; and
(c) making decisions regarding future prescriptions written for the patient or others.
(4) Any record created by the division as a result of an educational visit described in Subsection (2)(a)(ii) is a protected record for purposes of Title 63G, Chapter 2, Government Records Access and Management Act.
(5) Beginning on July 1, 2010, the division shall, in accordance with Section 63J-1-504, increase the licensing fee described in Subsection 58-37-6(1)(b) to pay the startup and ongoing costs of the division for complying with the requirements of this section.