26B-3-305. Drug prior approval program.
(1) A drug prior approval program approved or implemented by the board shall meet the following conditions: except as provided in Subsection, a drug may not be placed on prior approval for other than medical reasons; (2) the board shall hold a public hearing at least 30 days prior to placing a drug on prior approval; notwithstanding the provisions of Section, the board shall provide not less than 14 days' notice to the public before holding a public hearing under Subsection; 52-4-202 (1)(b) the board shall consider written and oral comments submitted by interested parties prior to or during the hearing held in accordance with Subsection; (1)(b) the board shall provide evidence that placing a drug class on prior approval: will not impede quality of recipient care; and that the drug class is subject to clinical abuse or misuse; the board shall reconsider its decision to place a drug on prior approval: no later than nine months after any drug class is placed on prior approval; and at a public hearing with notice as provided in Subsection; (1)(b) the program shall provide an approval or denial of a request for prior approval: by either: fax; telephone; or electronic transmission; at least Monday through Friday, except for state holidays; and within 24 hours after receipt of the prior approval request; the program shall provide for the dispensing of at least a 72-hour supply of the drug on the prior approval program: in an emergency situation; or on weekends or state holidays; the program may be applied to allow acceptable medical use of a drug on prior approval for appropriate off-label indications; and before placing a drug class on the prior approval program, the board shall: determine that the requirements of Subsectionsthroughhave been met; and (1)(a) (i) by majority vote, place the drug class on prior approval.
(2) The board may, only after complying with Subsectionsthrough, consider the cost: (1)(b) (j) of a drug when placing a drug on the prior approval program; and associated with including, or excluding a drug from the prior approval process, including: potential side effects associated with a drug; or potential hospitalizations or other complications that may occur as a result of a drug's inclusion on the prior approval process.