(1) There is created within the division a controlled substance database. (2) The division shall administer and direct the functioning of the database in accordance with this chapter. (3) The division may, under state procurement laws, contract with another state agency or a private entity to establish, operate, or maintain the database. (4) The division shall, in collaboration with the board, determine whether to operate the database within the division or contract with another entity to operate the database, based on an analysis of costs and benefits. (5) The purpose of the database is to contain: (a) the data described in Section 58-37f-203 regarding prescriptions for dispensed controlled substances; (b) data reported to the division under Section 26B-2-225 regarding poisoning or overdose; (c) data reported to the division under Subsection 41-6a-502(5) or 41-6a-502.5(5)(b) regarding convictions for driving under the influence of a prescribed controlled substance or impaired driving; and (d) data reported to the division under Subsection 76-18-207(8), 76-18-208(8), 76-18-209(9), 76-18-210(9), 76-18-211(7), 76-18-212(6), or 76-18-213(6) regarding certain violations of Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances. (6) The division shall maintain the database in an electronic file or by other means established by the division to facilitate use of the database for identification of: (a) prescribing practices and patterns of prescribing and dispensing controlled substances; (b) practitioners prescribing controlled substances in an unprofessional or unlawful manner; (c) individuals receiving prescriptions for controlled substances from licensed practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet in quantities or with a frequency inconsistent with generally recognized standards of dosage for that controlled substance; (d) individuals presenting forged or otherwise false or altered prescriptions for controlled substances to a pharmacy; (e) individuals admitted to a general acute hospital for poisoning or overdose involving a prescribed controlled substance; and (f) individuals convicted for: (i) driving under the influence of a prescribed controlled substance that renders the individual incapable of safely operating a vehicle; (ii) driving while impaired, in whole or in part, by a prescribed controlled substance; or (iii) certain violations of Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or a violation described in a statute previously in effect in this state that is the same or substantially similar to a violation described in Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances.
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