Section 26B-3-305 - Drug prior approval program(1) A drug prior approval program approved or implemented by the board shall meet the following conditions:(a) except as provided in Subsection (2), a drug may not be placed on prior approval for other than medical reasons;(b) the board shall hold a public hearing at least 30 days prior to placing a drug on prior approval;(c) notwithstanding the provisions of Section 52-4-202, the board shall provide not less than 14 days' notice to the public before holding a public hearing under Subsection (1)(b);(d) 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);(e) the board shall provide evidence that placing a drug class on prior approval: (i) will not impede quality of recipient care; and(ii) that the drug class is subject to clinical abuse or misuse;(f) the board shall reconsider its decision to place a drug on prior approval:(i) no later than nine months after any drug class is placed on prior approval; and(ii) at a public hearing with notice as provided in Subsection (1)(b);(g) the program shall provide an approval or denial of a request for prior approval:(i) by either:(C) electronic transmission;(ii) at least Monday through Friday, except for state holidays; and(iii) within 24 hours after receipt of the prior approval request;(h) the program shall provide for the dispensing of at least a 72-hour supply of the drug on the prior approval program:(i) in an emergency situation; or(ii) on weekends or state holidays;(i) the program may be applied to allow acceptable medical use of a drug on prior approval for appropriate off-label indications; and(j) before placing a drug class on the prior approval program, the board shall:(i) determine that the requirements of Subsections (1)(a) through (i) have been met; and(ii) by majority vote, place the drug class on prior approval.(2) The board may, only after complying with Subsections (1)(b) through (j), consider the cost: (a) of a drug when placing a drug on the prior approval program; and(b) associated with including, or excluding a drug from the prior approval process, including:(i) potential side effects associated with a drug; or(ii) potential hospitalizations or other complications that may occur as a result of a drug's inclusion on the prior approval process.Renumbered from § 26-18-105 and amended by Chapter 306, 2023 General Session ,§ 70, eff. 5/3/2023.Amended by Chapter 205, 2010 General Session.Affected by 63I-1-226 on 7/1/2027