Enrolled Copy H.B. 81
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Fluoride Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: Kirk A. Cullimore
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LONG TITLE
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General Description:
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This bill addresses provisions related to water fluoridation and prescription fluoride
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supplements.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ prohibits adding fluoride to public water systems;
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▸ allows a pharmacist to prescribe fluoride; and
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▸ directs the Division of Professional Licensing to establish guidelines for prescribing
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fluoride.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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58-17b-627, as last amended by Laws of Utah 2022, Chapter 255
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REPEALS AND REENACTS:
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19-4-111, as last amended by Laws of Utah 2023, Chapter 16
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REPEALS:
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19-4-111.1, as last amended by Laws of Utah 2013, Chapter 321
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19-4-111.2, as last amended by Laws of Utah 2013, Chapter 321
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Be it enacted by the Legislature of the state of Utah: H.B. 81 Enrolled Copy
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Section 1. Section 19-4-111 is repealed and reenacted to read:
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19-4-111 . Prohibition of fluoride in public water systems.
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(1) As used in this section, "fluoride" means a chemical compound that contains the
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fluoride ion and is used to fluoridate drinking water, including:
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(a) fluorosilicic acid;
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(b) sodium fluorosilicate; or
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(c) sodium fluoride.
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(2) A person may not add fluoride to water in, or water that will be introduced into, a public
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water system.
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(3) A political subdivision may not enact or enforce an ordinance that requires or permits
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the addition of fluoride to water in, or water that will be introduced into, a public water
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system.
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Section 2. Section 58-17b-627 is amended to read:
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58-17b-627 . Prescription of drugs or devices by a pharmacist.
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(1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or device if:
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(a) prescribing the prescription drug or device is within the scope of the pharmacist's
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training and experience;
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(b) the prescription drug or device is designated by the division by rule under Subsection
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(3)(a); and
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(c) the prescription drug or device is not a controlled substance that is included in
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Schedules I, II, III, or IV of:
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(i) Section 58-37-4; or
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(ii) the federal Controlled Substances Act, Title II, P.L. 91-513.
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(2) Nothing in this section requires a pharmacist to issue a prescription for a prescription
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drug or device.
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(3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, to:
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(a) designate the prescription drugs or devices that may be prescribed by a pharmacist
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under this section, beginning with prescription drugs or devices that address a public
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health concern that is designated by the Department of Health and Human Services,
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including:
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(i) post-exposure HIV prophylaxis;
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(ii) pre-exposure HIV prophylaxis;
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(iii) self-administered hormonal contraceptives;
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(iv) smoking cessation;[ and]
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(v) naloxone; and
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(vi) fluoride;
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(b) create guidelines that a pharmacist must follow when prescribing a prescription drug
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or device, including guidelines:
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(i) for notifying the patient's primary care or other health care provider about the
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prescription; and
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(ii) to prevent the over-prescription of drugs or devices including but not limited to
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antibiotics;
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(c) address when a pharmacist should refer the patient to an appropriate health care
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provider or otherwise encourage the patient to seek further medical care; and
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(d) implement the provisions of this section.
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(4) The division shall make rules under Subsection (3) in collaboration with:
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(a) individuals representing pharmacies and pharmacists;
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(b) individuals representing physicians and advanced practice clinicians; and
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(c)(i) if the executive director of the Department of Health and Human Services is a
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physician, the executive director of the Department of Health and Human Services;
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(ii) if the executive director of the Department of Health and Human Services is not a
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physician, a deputy director who is a physician in accordance with Subsection
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26B-1-203(4); or
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(iii) a designee of the individual described in Section 26B-1-203.
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(5) Before November 1 of each year, the division, in consultation with the individuals
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described in Subsection (4), shall:
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(a) develop recommendations for statutory changes to improve patient access to
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prescribed drugs in the state; and
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(b) report the recommendations developed under Subsection (5)(a) to the Health and
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Human Services Interim Committee.
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Section 3. Repealer.
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This bill repeals:
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Section 19-4-111.1, Provision of fluoridated water -- Request of resident.
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Section 19-4-111.2, Provision of fluoridated water -- Emergency circumstances.
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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