Section 2204 – Duty to report drug diversion.

• (1) As used in this section:
  • (a) “Diversion” means a practitioner’s transfer of a significant amount of drugs to another for an unlawful purpose.
  • (b) “Drug” means a Schedule II or Schedule III controlled substance, as defined in Section 58-37-4, that is an opiate.
  • (c) “HIPAA” means the same as that term is defined in Section 26-18-17.
  • (d) “Opiate” means the same as that term is defined in Section 58-37-2.
  • (e) “Practitioner” means an individual:
    • (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
    • (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.
  • (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 (CDC).

• (2) An individual is guilty of a class B misdemeanor if the individual:
  • (a) knows that a practitioner is involved in diversion; and
  • (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.

Enacted by Chapter 377, 2019 General Session

Technically renumbered to avoid duplication of section number used in HB 16, Chapter 97.