2010 Utah State Legislative Update

The Government Relations Committee of the Utah Nurses Association monitors legislation in Utah, supporting some bills and opposing others. The decision to support or oppose certain legislation is determined by the potential impact of that bill (if enacted) to affect nursing practice in Utah, as well as how it may impact patient safety and the health of Utahns.

During the 2010 session a number of bills were brought forth to address the very serious issue of prescription drug abuse in the Beehive State. Among these are HB 35 and HB 36 (Daw), both signed into law by Gov. Herbert. Beginning in 2010, the law will require that people treated in emergency departments for drug overdose or cited for driving under the influence will be reported to any prescriber who has written for a controlled substance for that individual. It is hoped that this will bring more attention on the part of prescribers of controlled substances to misuse on the part of their patients. We are happy to see these signed into law.

In a similar effort, HB 30 (Beck), signed into law by Gov. Herbert, places carisoprodol (Soma) into the schedule IV category. An interesting fact seldom appreciated even by many health care professionals, is that scheduled drug categories are determined by law, not chemical or other considerations. Carisoprodol has potential for abuse, and we are glad this is now recognized by Utah law.

Drug testing in the workplace has become very common and HB 23 (Beck), signed into law by Gov. Herbert, provides important protections for worker’s privacy, comfort, and brings more fairness into this important worker’s issue. We supported this bill and believe that these provisions are important in providing for fairness in the workplace.

The state of Utah has an exemplary system for tracking controlled substance prescriptions- the Controlled Substance Data Base-, and HB 28 (Daw) strengthens this system by requiring all prescribers of controlled substances (excepting veterinarians) to register to use the CSBD and take a tutorial on its use.

HB 38 (Ray) was signed into law by Gov. Herbert and will reconfigure the committee advising on controlled substances scheduling. This is a positive step for Utah.

Utah is a leader in electronic applications in many areas of public interest, including health care. HB 52 (Newbold) updates the standards for health care policies and we are happy these provisions will soon be in place.

Prosthetic limbs are essential in allowing people with limb amputations resume the fullest life possible. They are also sometimes prohibitively expensive, even for those with health insurance. HB 66 (Litvak) has been passed by both Houses and sent to Gov. Herbert signature. This important legislation will mandate parity in prosthetic limb reimbursement. We urge the Governor to sign it.

Utah has an abundant supply of Certified Registered Nurse Anesthetists, who provide high quality anesthesia services in all areas of our state. Because of this, it is puzzling that HB 101 (Fisher) was proposed. Anesthesia assistants are less educated and much more limited in their scope of practice than are CRNAs. AAs are used in a handful of other states, but are clearly not needed in Utah and would add nothing to the quality of health care delivered in Utah. This bill (again) stalled out in committee. We hope that will be the end of this poorly thought out proposal.

Numerous studies support the benefits of breastfeeding in preventing infant and childhood health problems, including obesity. HB 252 (Johnson) would have provided important support in the workplace for working women who choose to continue breastfeeding. We are saddened that this stalled out in committee and hope to see it brought forward again next year.

Alcohol consumption during pregnancy has known hazards. HB 299 (Menlove) was signed into law by Gov. Herbert and will update important language at the site of alcohol sales warning of these known hazards. This will improve the health of future generations in our state.

Weight loss miracle products and cosmetic procedures abound, and there is money to be made. SB 88 5^th substitute was signed into law by Gov. Herbert. This bill, which we opposed, enshrines injectable weight loss products and certain other cosmetic products in a special category, allowing only physicians (rather than all licensed prescribers) to expand into this lucrative market. There is no pretense that this is about patient safety. Philosophical considerations argue that none of these gimmicks should be marketed, but fairness argues for an even playing field for providers.

Physician assistants are an often underappreciated group of health care providers and we welcome the opportunity to support our PA colleagues when it comes along. SB 139 (Bramble) amends and updates language and some practical considerations in PA practice. We supported this bill and Gov. Herbert signed it. Congratulations to Utah’s PA community.

If you would like to read the text and bask in the details of these bills, or any others addressed in the 2010 session, go to  le.uth.gov.   We urge all nurses to be politically aware and involved. Government of the people, by the people, and for the people is an ideal many have made the ultimate sacrifice to uphold. Honor that sacrifice by meeting your civic duty. Study the issues and vote in your local, state, and federal elections.