reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties - Enforcement › Section 503 - Exception to unprofessional conduct.

Effective 5/3/2023
58-17b-503.
Exception to unprofessional conduct.
(1) For purposes of this section:
(a) "Licensed intermediate care facility for people with an intellectual disability" means an intermediate care facility for people with an intellectual disability that is licensed as a nursing care facility or a small health care facility under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(b) "Nursing care facility" means the same as that term is defined in Section 26B-2-201.
(c) "Unit pack" means a tamper-resistant nonreusable single-dose single-drug package with identification that indicates the lot number and expiration date for the drug.
(2) A pharmacist may accept and redistribute an unused drug, or part of it, after it has left the premises of the pharmacy:
(a) in accordance with Part 9, Charitable Prescription Drug Recycling Act;
(b) if:
(i) the drug was prescribed to a patient in a nursing care facility, licensed intermediate care facility for people with an intellectual disability, or state prison facility, county jail, or state hospital;
(ii) the drug was stored under the supervision of a licensed health care provider according to manufacturer recommendations;
(iii) the drug is in a unit pack or in the manufacturer's sealed container;
(iv) the drug was returned to the original dispensing pharmacy;
(v) the drug was initially dispensed by a licensed pharmacist or licensed pharmacy intern; and
(vi) accepting back and redistributing of the drug complies with federal Food and Drug Administration and Drug Enforcement Administration regulations; or
(c) if:
(i) the pharmacy has attempted to deliver the drug to a patient or a patient's agent via the United States Postal Service, a licensed common carrier, or supportive personnel;
(ii) the drug is returned to the pharmacy by the same person or carrier that attempted to deliver the drug; and
(iii) in accordance with United States Food and Drug Administration regulations and rules established by the division, a pharmacist at the pharmacy determines that the drug has not been adversely affected by the drug's attempted delivery and return.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties - Enforcement › Section 505 - Educational and enforcement fund.

58-17b-505.
Educational and enforcement fund.
(1) The director may use the money collected pursuant to Section 58-17b-504 for the following purposes:
(a) education and training of licensees under this chapter;
(b) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct;
(ii) providing legal representation to the division when legal action is taken against a person engaging in unprofessional or unlawful conduct;
(iii) monitoring compliance of renewal requirement; and
(iv) education and training of division staff and board members.
(2) All funding for the purposes listed in Subsection (1) is nonlapsing.
(3) Any penalty which is not paid may be collected by the director by either referring the matter to a collection agency or bringing an action in the district court of the county in which the person against whom the penalty is imposed resides or in the county where the office of the director is located.
(4) Any county attorney or the attorney general of the state is to provide legal assistance and advice to the director in any action to collect the penalty. In any action brought to enforce the provisions of this section, reasonable attorney's fees and costs shall be awarded in which the person against whom the penalty is imposed resides or in the county where the office of the director is located.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties - Enforcement › Section 506 - Petitioning for reinstatement of licensure.

58-17b-506.
Petitioning for reinstatement of licensure.
Any person whose license to practice pharmacy in this state has been revoked, suspended, or surrendered voluntarily or by action of the division, shall have the right at reasonable intervals, to petition the division for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the division. Upon investigation and hearing, the division may, in its discretion, grant or deny such petition, or it may modify its original finding to reflect any circumstances that have changed sufficiently to warrant such modifications. The division, also at its discretion, may require such person to pass an examination or examinations for re-entry into the practice of pharmacy.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties - Enforcement › Section 507 - Opiate antagonist -- Immunity from liability -- Exclusion from unlawful or unprofessional conduct.

Effective 5/3/2023
58-17b-507.
Opiate antagonist -- Immunity from liability -- Exclusion from unlawful or unprofessional conduct.
(1) As used in this section:
(a) "Opiate antagonist" means the same as that term is defined in Section 26B-4-501.
(b) "Opiate-related drug overdose event" means the same as that term is defined in Section 26B-4-501.
(2) A person licensed under this chapter that dispenses an opiate antagonist to an individual with a prescription for an opiate antagonist, to an overdose outreach provider with a prescription for an opiate antagonist, or pursuant to a standing prescription drug order issued in accordance with Subsection 26B-4-510(2) is not liable for any civil damages resulting from the outcomes of the eventual administration of the opiate antagonist to an individual who another individual believes is experiencing an opiate-related drug overdose event.
(3) The provisions of this section and Title 26B, Chapter 4, Part 5, Treatment Access, do not establish a duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.
(4) It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to dispense an opiate antagonist to a person, including a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F), on behalf of an individual if the person obtaining the opiate antagonist has a prescription for the opiate antagonist from a licensed prescriber or the opiate antagonist is dispensed pursuant to a standing prescription drug order issued in accordance with Subsection 26B-4-510(2).
(5) It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to dispense an opiate antagonist to an overdose outreach provider if the overdose outreach provider has a prescription for the opiate antagonist from a licensed prescriber issued pursuant to Subsection 26B-4-509(2)(a)(iii).
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 601 - General operating standards.

58-17b-601.
General operating standards.
(1)
(a) The division shall make rules relating to the operations and conduct of facilities, individuals, and entities which are regulated under this chapter, to protect the public health, safety, and welfare.
(b) The rules shall be consistent with the regulations of the Federal Food and Drug Administration and Drug Enforcement Administration, this chapter, and all other laws relating to activities and persons regulated under this chapter.
(2)
(a) This chapter does not prevent, restrict, or in any other manner interfere with the sale of nonprescription drugs.
(b) The division may not make any rules under this chapter that require nonprescription drugs to be sold by a licensed pharmacist or only in a pharmaceutical facility.
(c) The sale or distribution of nonprescription drugs does not constitute the practice of pharmacy.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 602.1 - Dispensing quantity or dosage form different from prescription.

Effective 5/12/2020
58-17b-602.1.
Dispensing quantity or dosage form different from prescription.
(1) Without specific authorization from a prescriber, a pharmacist or pharmacy intern may dispense:
(a) a prescription in a quantity different than the quantity prescribed if the prescribed quantity or package size is not commercially available; and
(b) a prescription in a dosage form different than the dosage form prescribed, if in the professional judgement of the pharmacist or pharmacy intern, dispensing a different dosage form is in the best interest of the patient.
(2) This section does not apply if:
(a) the substitute would change the bioavailability of the medication;
(b) the substitute would change the treatment parameters; or
(c) the prescriber has written or clearly designated "dispense as written" on the prescription.
Enacted by Chapter 372, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 602.5 - Information on prescription labels -- Education outreach.

58-17b-602.5.
Information on prescription labels -- Education outreach.
The division, in order to assist emergency responders in quickly determining the physical condition of a patient at the scene of an emergency, as well as for the benefit of physicians and consumers, shall:
(1) provide information on the pharmacy licensing website recommending that prescribers, pharmacists, and pharmacy interns include information on the label of a drug dispensed under Section 58-17b-602 describing the condition the prescription is meant to treat; and
(2) as part of the website information, specify that information described in Subsection (1) should not be included on the label if the prescriber or patient indicates that the information may not be included on the label.
Enacted by Chapter 79, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 603 - Identification of pharmacy personnel.

58-17b-603.
Identification of pharmacy personnel.
(1) All individuals employed in a pharmacy facility having any contact with the public or patients receiving services from that pharmacy facility shall wear on their person a clearly visible and readable identification showing the individual's name and position.
(2) When communicating by any means, written, verbal, or electronic, pharmacy personnel must identify themselves as to licensure classification.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 604 - Medication profiles.

58-17b-604.
Medication profiles.
(1) Each pharmacy shall establish a medication profile system for pharmacy patients according to the standards established by division rules made in collaboration with the board. The rules shall indicate the method for recording all prescription information.
(2) The pharmacy shall maintain the medication profile for any pharmacy patient who expresses a desire for that professional service.
(3) The pharmacy may charge an appropriate professional fee for this service and for copying or providing information in the medication profile to another authorized person.
(4) A pharmacist, pharmacy intern, or pharmacy technician may not release or discuss the information contained in a prescription or patient's medication profile to anyone except:
(a) the pharmacy patient in person or the pharmacy patient's legal guardian or designee;
(b) a lawfully authorized federal, state, or local drug enforcement officer;
(c) a third party payment program administered under terms authorized by the pharmacy patient;
(d) a pharmacist, pharmacy intern, or pharmacy technician providing pharmacy services to the patient or a prescribing practitioner providing professional services to the patient;
(e) another pharmacist, pharmacy intern, pharmacy technician, or prescribing practitioner to whom the patient has requested a prescription transfer; or
(f) the pharmacy patient's attorney, after the presentation of a written authorization signed by the:
(i) patient, before a notary public;
(ii) parent or lawful guardian, if the patient is a minor;
(iii) lawful guardian, if the patient is incompetent; or
(iv) personal representative, if the patient is deceased.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 606 - Restrictive drug formulary prohibited.

Effective 5/3/2023
58-17b-606.
Restrictive drug formulary prohibited.
(1) As used in this section:
(a) "Generic form" means a prescription drug that is available in generic form and has an A rating in the United States Pharmacopeia and Drug Index.
(b) "Legend drug" has the same meaning as prescription drug.
(c) "Restrictive drug formulary" means a list of legend drugs, other than drugs for cosmetic purposes, that are prohibited by the Department of Health and Human Services from dispensation, but are approved by the Federal Food and Drug Administration.
(2) A practitioner may prescribe legend drugs in accordance with this chapter that, in his professional judgment and within the lawful scope of his practice, he considers appropriate for the diagnosis and treatment of his patient.
(3) Except as provided in Subsection (4), the Department of Health and Human Services may not maintain a restrictive drug formulary that restricts a physician's ability to treat a patient with a legend drug that has been approved and designated as safe and effective by the Federal Food and Drug Administration, except for drugs for cosmetic purposes.
(4) When a multisource legend drug is available in the generic form, the Department of Health and Human Services may only reimburse for the generic form of the drug unless the treating physician demonstrates to the Department of Health and Human Services a medical necessity for dispensing the nongeneric, brand-name legend drug.
(5) The Department of Health and Human Services pharmacists may override the generic mandate provisions of Subsection (4) if a financial benefit will accrue to the state.
(6) This section does not affect the state's ability to exercise the exclusion options available under the Federal Omnibus Budget Reconciliation Act of 1990.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 607 - Drug substitution is not the practice of medicine -- Other causes of action not denied.

58-17b-607.
Drug substitution is not the practice of medicine -- Other causes of action not denied.
(1) The substitution of any drug by a licensed pharmacist or pharmacy intern under this chapter does not constitute the practice of medicine.
(2) This chapter may not be construed to deny any individual a cause of action against a pharmacist, pharmacy intern, or his employer for violations of this chapter, including failure to observe accepted standards of care of the pharmaceutical profession.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 608 - Emergency refills.

Effective 5/12/2020
58-17b-608.
Emergency refills.
(1) If a prescription may not be refilled otherwise, a pharmacist or pharmacy intern may refill the prescription in an emergency without the prescribing practitioner's authorization if:
(a) the prescription is for a drug that is not a controlled substance;
(b) the patient is currently using the drug prescribed;
(c) the prescribing practitioner is not available promptly to authorize the refill;
(d) the pharmacist or pharmacy intern, or another pharmacist or pharmacy intern at the same pharmacy, has not previously dispensed a refill for the prescription under this section;
(e) refilling the prescription is in the interest of the patient's health;
(f) in the professional judgment of the pharmacist or pharmacy intern the prescription should be refilled;
(g) except as provided in Subsection (1)(h), the pharmacist or pharmacy intern dispenses the medication in accordance with the prescribing practitioner's instructions included with the prescription; and
(h) the pharmacist or pharmacy intern dispenses no more than the amount necessary to address the emergency.
(2) If the prescription for a drug dispensed under Subsection (1) is on file with the pharmacy where the drug is dispensed, the pharmacist or pharmacy intern may dispense more than a three-day supply only if:
(a)
(i) the prescription has expired within the past 30 days; or
(ii) no refills are remaining on the prescription; and
(b) the amount dispensed does not exceed the lesser of:
(i) a 30-day supply; or
(ii) the quantity last dispensed at the pharmacy pursuant to the prescription as either a fill or a refill.
(3) A pharmacist or pharmacy intern who dispenses a prescription refill under this section shall inform the prescribing practitioner of the emergency refill as soon as practicable.
Repealed and Re-enacted by Chapter 372, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 608.1 - Refills of legend drug prescriptions.

Effective 5/13/2014
58-17b-608.1.
Refills of legend drug prescriptions.
(1) If a prescription for a legend drug includes authorization for one or more refills, a pharmacist or pharmacy intern may dispense one or more of the refills at the time the drug is dispensed, if:
(a) the drug is not a controlled substance;
(b) the prescription does not include "Dispense quantity written," or some other notation having similar meaning;
(c) the total dosage units dispensed, including the units for both the prescription and any refills, do not exceed a 100-day supply; and
(d) in the professional judgment of the pharmacist or pharmacy intern, the refill or refills should be dispensed at the time the prescription is dispensed.
(2) A pharmacist or pharmacy intern may dispense a refill of a prescription for a liquid legend drug administered to the eye once an amount of time has passed after which a patient should have used 70% of the dosage units of the drug according to a practitioner's instructions.
Amended by Chapter 386, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 608.2 - Insulin prescriptions and diabetes supplies.

Effective 5/4/2022
58-17b-608.2.
Insulin prescriptions and diabetes supplies.
(1) As used in this section, "exhausted prescription" means a prescription for an insulin that the patient is currently using that:
(a) expired no earlier than six months before the patient requests the pharmacist for a refill; or
(b) is not expired and has no refills remaining.
(2) If a valid prescription for insulin includes an authorization for one or more refills, a pharmacist may combine refills to dispense a supply for 100 days but may not exceed the total supply authorized by the refills.
(3) Notwithstanding Section 58-17b-608 and Subsection (2), a pharmacist may, on an emergency basis, dispense a refill for an exhausted prescription based on the prescribing practitioner's instructions for the exhausted prescription in an amount up to a supply for 60 days.
(4) A pharmacist may dispense insulin for an exhausted prescription described in Subsection (3) no more than one time per exhausted prescription.
(5) Before a pharmacist may dispense insulin under Subsection (3), the pharmacist shall:
(a) attempt to contact the prescribing practitioner to inform the prescribing practitioner that the patient's prescription has expired; and
(b) notify the patient of the outcome of the attempt described in Subsection (5)(a).
(6) Within 30 days after the day on which a pharmacist dispenses insulin under Subsection (3), the pharmacist shall inform the prescribing practitioner of:
(a) the amount of insulin dispensed; and
(b) the type of insulin dispensed.
(7) A pharmacist may dispense a therapeutic equivalent when filling a prescription for:
(a) a glucometer;
(b) diabetes test strips;
(c) lancets;
(d) syringes;
(e) needles; or
(f) other supplies for treating diabetes designated by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 465, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 609 - Limitation on prescriptions and refills -- Controlled Substances Act not affected -- Legend drugs.

Effective 5/12/2020
58-17b-609.
Limitation on prescriptions and refills -- Controlled Substances Act not affected -- Legend drugs.
(1) Except as provided in Sections 58-16a-102 and 58-17b-608.2, a prescription for any prescription drug or device may not be dispensed after one year from the date it was initiated except as otherwise provided in Chapter 37, Utah Controlled Substances Act.
(2) Except as provided in Section 58-17b-608.2, a prescription authorized to be refilled may not be refilled after one year from the original issue date.
(3) A practitioner may not be prohibited from issuing a new prescription for the same drug orally, in writing, or by electronic transmission.
(4) Nothing in this chapter affects Chapter 37, Utah Controlled Substances Act.
(5) A prescription for a legend drug written by a licensed prescribing practitioner in another state may be filled or refilled by a pharmacist or pharmacy intern in this state if the pharmacist or pharmacy intern verifies that the prescription is valid.
Amended by Chapter 310, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 610 - Patients' immediate needs -- Dispensing drug samples.

Effective 5/5/2021
58-17b-610.
Patients' immediate needs -- Dispensing drug samples.
(1) This chapter may not be construed to prevent the personal administration of drugs or medicines by practitioners licensed to prescribe in order to supply the immediate needs of the practitioner's patients.
(2) Immediate need for a patient includes giving out drug samples that:
(a) are not Schedule II drugs, opioids, or benzodiazepines;
(b) are prepackaged by the original manufacturer;
(c) are provided to the prescribing practitioner free of charge and provided to the patient free of any direct or indirect charge;
(d) do not exceed a 30-day supply for:
(i) controlled substances; or
(ii) non-controlled substances, unless a prescribing practitioner documents that providing more than a 30-day supply is medically necessary; and
(e)
(i) are marked on the immediate container to indicate that the drug is a sample; or
(ii) are recorded in the patient's chart with the name and number of samples provided.
(3) A prescribing practitioner who provides samples for a patient shall comply with Subsection (2).
Amended by Chapter 340, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 610.5 - Dispensing in emergency department -- Patient's immediate need.

Effective 5/12/2020
58-17b-610.5.
Dispensing in emergency department -- Patient's immediate need.
(1) As used in this section, "controlled substance" means a substance classified as a controlled substance by the federal Controlled Substances Act, Title II, Pub. L. No. 91-513 et seq., or by Chapter 37, Utah Controlled Substances Act.
(2) The division shall adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with hospital pharmacies and the boards of practitioners authorized to prescribe prescription drugs to establish guidelines under which a practitioner may dispense prescription drugs to a patient in a hospital emergency department if:
(a) the hospital pharmacy is closed;
(b) in the professional judgment of the practitioner, dispensing the drug is necessary for the patient's immediate needs;
(c) dispensing the prescription drug meets protocols established by the hospital pharmacy; and
(d) the practitioner dispenses only a sufficient amount of the prescription drug as necessary to last until a pharmacy can fill the prescription.
(3) A practitioner in an emergency department may dispense a prescription drug in accordance with Subsection (2).
(4) Under Subsection (2), a practitioner may not dispense more than a two-day supply of a controlled substance.
Amended by Chapter 81, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 610.6 - Hospital pharmacy dispensing prescription drugs.

Effective 5/4/2022
58-17b-610.6.
Hospital pharmacy dispensing prescription drugs.
(1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with hospital pharmacies, to establish guidelines under which a hospital pharmacy may dispense a limited supply of a prescription drug to an individual who is no longer a patient in the hospital setting if:
(a) the individual is discharged from the hospital on the same day that the hospital pharmacy dispenses the prescription drug to the individual;
(b) the class A pharmacy with which the patient has an established pharmacy-patient relationship:
(i) is not open at the time of the patient's discharge; or
(ii) unable to dispense the medication for any reason;
(c) the hospital pharmacy dispenses a quantity of the prescription drug that is not more than a 72-hour supply; and
(d) dispensing the prescription drug complies with protocols established by the hospital pharmacy.
(2) A hospital pharmacy may dispense a prescription drug in accordance with rules made under Subsection (1).
Amended by Chapter 465, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 610.7 - Partial filling of a Schedule II controlled substance prescription.

Effective 5/9/2017
58-17b-610.7.
Partial filling of a Schedule II controlled substance prescription.
(1) For purposes of this section, "Schedule II controlled substance" means a substance classified as a Schedule II controlled substance by the federal Controlled Substances Act, Title II, Pub. L. No. 91-513 et seq., or Section 58-37-4.
(2) A prescription for a Schedule II controlled substance for a patient in a long-term care facility or a patient with a terminal illness may be partially filled in accordance with federal law.
(3) A prescription for a Schedule II controlled substance for a patient other than a patient described in Subsection (2) may be partially filled:
(a) in accordance with federal law and rules made under Subsection (5); and
(b) at the request of the practitioner who issued the prescription, or the patient.
(4) For purposes of Subsection (3), "partially filled" means that less than the full amount of the prescription is dispensed.
(5) For purposes of Subsection (3), the division shall makes rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) specifying how to record the date, quantity supplied, and quantity remaining of a prescription partially filled under Subsection (3); and
(b) otherwise necessary for the implementation of Subsections (2) and (3).
Enacted by Chapter 66, 2017 General Session
Technically renumbered to avoid duplication of section number also enacted in HB61, Chapter 44.
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 610.8 - Prescription devices.

Effective 5/4/2022
58-17b-610.8.
Prescription devices.
(1) The following documents from a prescribing practitioner shall be considered a prescription for purposes of dispensing of and payment for a device described in Subsection (3), if the device is prescribed or indicated by the document and the document is on file with a pharmacy:
(a) a written prescription; or
(b) a written record of a patient's:
(i) current diagnosis; or
(ii) treatment protocol.
(2) A pharmacist or pharmacy intern at a pharmacy at which a document that is considered a prescription under Subsection (1) is on file may dispense under prescription a device described in Subsection (3) to the patient in accordance with:
(a) the document that is considered a prescription under Subsection (1); and
(b) rules made by the division under Subsection (4).
(3) This section applies to:
(a) nebulizers;
(b) spacers for use with nebulizers or inhalers; and
(c) diabetic supplies.
(4) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with the board, the Physicians Licensing Board created in Section 58-67-201, and the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201, to implement this section.
Amended by Chapter 465, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 611 - Pharmacy records.

58-17b-611.
Pharmacy records.
(1) Each pharmacy shall maintain its prescription files and other records in accordance with this chapter, division rules made in collaboration with the board, and federal regulations.
(2) Each out-of-state mail service pharmacy shall maintain its prescription files in accordance with applicable rules or regulations of the state in which its facilities are located and federal regulations.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 612 - Supervision -- Pharmacist-in-charge.

Effective 5/14/2019
58-17b-612.
Supervision -- Pharmacist-in-charge.
(1)
(a) Any pharmacy, except a wholesaler, distributor, out-of-state mail service pharmacy, or class E pharmacy, shall be under the general supervision of at least one pharmacist licensed to practice in Utah. One pharmacist licensed in Utah shall be designated as the pharmacist-in-charge, whose responsibility it is to oversee the operation of the pharmacy.
(b) Notwithstanding Subsection 58-17b-102(70), a supervising pharmacist does not have to be in the pharmacy or care facility but shall be available via a telepharmacy system for immediate contact with the supervised pharmacy technician or pharmacy intern if:
(i) the pharmacy is located in an area of need as defined by the division, in consultation with the board, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii) the supervising pharmacist described in Subsection (1)(a) is not available;
(iii) the telepharmacy system maintains records and files quarterly reports as required by division rule to assure that patient safety is not compromised; and
(iv) the arrangement is approved by the division in collaboration with the board.
(c) Subsection (1)(b) applies to a pharmacy that is located in a hospital only if the hospital is controlled by a local board that owns no more than two hospitals; and
(d) A supervising pharmacist may not supervise more than two pharmacies simultaneously under Subsection (1)(b).
(2) Each out-of-state mail service pharmacy shall designate and identify to the division a pharmacist holding a current license in good standing issued by the state in which the pharmacy is located and who serves as the pharmacist-in-charge for all purposes under this chapter.
Amended by Chapter 343, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 613 - Patient counseling.

Effective 5/12/2015
58-17b-613.
Patient counseling.
(1) A pharmacy shall verbally offer to counsel a patient or a patient's agent in a personal face-to-face discussion regarding each prescription drug dispensed, if the patient or patient's agent:
(a) delivers the prescription in person to the pharmacist or pharmacy intern; or
(b) receives the drug in person at the time it is dispensed at the pharmacy facility.
(2) A pharmacist or pharmacy intern at a pharmacy that receives a prescription from a patient by means other than personal delivery, and that dispenses prescription drugs to the patient by means other than personal delivery, shall:
(a) provide patient counseling to a patient regarding each prescription drug the pharmacy dispenses; and
(b) provide each patient with a toll-free telephone number by which the patient can contact a pharmacist or pharmacy intern at the pharmacy for counseling.
(3) Notwithstanding the provisions of Subsections (1) and (2), a pharmacist or a pharmacy intern may provide patient counseling to an individual under the jurisdiction of the Utah Department of Corrections or a county detention facility via a written, telephone, or electronic communication.
Amended by Chapter 336, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 614 - Notification.

Effective 5/12/2020
58-17b-614.
Notification.
(1) A pharmacy shall report in writing to the division not later than 10 business days:
(a) before the date of:
(i) a permanent closure of the pharmacy facility;
(ii) a change of name or ownership of the pharmacy facility;
(iii) a change of location of the pharmacy facility;
(iv) a sale or transfer of any controlled substance as a result of the permanent closing or change of ownership of the pharmacy facility; or
(v) any matter or occurrence that the division requires by rule to be reported; or
(b) after the day on which:
(i) a final administrative disciplinary order is issued against the pharmacy license holder by the regulatory or licensing agency of the state in which the pharmacy is located if the pharmacy is a class D pharmacy;
(ii) a final order against a pharmacist is issued who is designated as the pharmacist-in-charge of the pharmacy by the regulatory or licensing agency of the state in which the pharmacy is located if the pharmacy is a class D pharmacy; or
(iii) any matter or occurrence that the division requires by rule to be reported.
(2) A pharmacy shall report in writing to the division a disaster, accident, or emergency that may affect the purity or labeling of a drug, medication, device, or other material used in the diagnosis or treatment of injury, illness, or disease immediately upon the occurrence of the disaster, accident, or emergency as defined by rule.
(3) A reporting pharmacy shall maintain a copy of any notification required by this section for two years and make a copy available for inspection.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 616 - Drug stock sales -- Labeling.

58-17b-616.
Drug stock sales -- Labeling.
(1) A manufacturer, wholesaler, or distributor of prescription drugs may not sell or give any prescription drug to any person, unless the prescription drug stock container bears a label containing information as defined by rule, the name and place of business of the manufacturer of the finished dosage form of the drug, and if different from the manufacturer, the name and place of business of the packer or distributor.
(2) Each tablet or capsule shall be marked with an identification code or monogram, unless waived by the division.
(3) Each stock package shall bear an expiration date and lot number.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 617 - Limitations on distribution of prescription drugs by pharmaceutical manufacturers or wholesalers.

58-17b-617.
Limitations on distribution of prescription drugs by pharmaceutical manufacturers or wholesalers.
(1) A pharmaceutical manufacturer or pharmaceutical wholesaler may not provide a prescription drug to any person, except as defined by rule.
(2)
(a) Prescription drugs that are not controlled substances may be:
(i) distributed or provided as drug samples to a person licensed within the state to sell, prescribe, administer, or conduct research with legend drugs; and
(ii) supplied in connection with a manufacturer's patient assistance program to be distributed to qualifying patients enrolled in the program.
(b) Controlled substance prescription drugs may be sold or provided only:
(i) upon the issuance of an order or request by a person appropriately licensed under state and federal law to sell, prescribe, administer, or conduct research with prescription drugs; and
(ii) upon the establishment of documents in the possession of the manufacturer or distributor recording the purchaser, type of drug, quantity of drug, date of shipment, and date of delivery.
(3) Purchasers or those in receipt of drugs under this section shall maintain records in accordance with federal and state laws regarding controlled substances.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 618 - Compliance with state and federal laws.

58-17b-618.
Compliance with state and federal laws.
The entities licensed under Sections 58-17b-301 and 58-17b-302 shall comply with all state and federal laws and regulations relating to the practice of pharmacy.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 621 - Automated pharmacy systems.

58-17b-621.
Automated pharmacy systems.
Automated pharmacy systems can be utilized in licensed pharmacies, remote locations under the jurisdiction of the Utah State Board of Pharmacy, and licensed health care facilities where legally permissible, as approved by the division in collaboration with the board, and described in rule.
Enacted by Chapter 280, 2004 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 623 - Disposal of unused prescription drugs.

58-17b-623.
Disposal of unused prescription drugs.
(1) A pharmacy may accept unused prescription drugs for disposal in accordance with administrative rules adopted by the division.
(2) The division shall adopt administrative rules regarding a pharmacy accepting unused prescription drugs for disposal as permitted by federal law and regulation relating to the disposal of unused prescription drugs.
Enacted by Chapter 61, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 624 - Prescription drugs -- Sale to a practitioner for office use.

Effective 7/1/2014
58-17b-624.
Prescription drugs -- Sale to a practitioner for office use.
(1) A pharmacy licensed under this chapter may, subject to rules established by the division, repackage or compound a prescription drug for sale to a practitioner if:
(a) the prescription drug:
(i) does not include a compounded drug; or
(ii)
(A) includes a compounded drug; and
(B) is not a controlled substance;
(b) the pharmacy labels the prescription drug "for office use only";
(c) the practitioner administers the drug to a patient in the practitioner's office or facility; and
(d) except in accordance with Title 58, Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, the practitioner does not dispense the drug to the patient.
(2) The division shall establish, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescription drug labeling and control standards for a prescription drug that a pharmacy provides to a practitioner under this section.
Enacted by Chapter 385, 2014 General Session
Amended by Chapter 385, 2014 General Session, (Coordination Clause)
Coordination clause direction to modify language.
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 625 - Administration of a long-acting injectable and naloxone.

Effective 5/3/2023
58-17b-625.
Administration of a long-acting injectable and naloxone.
(1) A pharmacist may, in accordance with this section, administer a drug described in Subsection (2).
(2) Notwithstanding the provisions of Subsection 58-17b-102(58)(c)(ii)(B), the division shall make rules in collaboration with the board and, when appropriate, the Physicians Licensing Board created in Section 58-67-201, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish training for a pharmacist to administer naloxone and long-acting injectables intramuscularly.
(3) A pharmacist may not administer naloxone or a long-acting injectable intramuscularly unless the pharmacist:
(a) completes the training described in Subsection (2);
(b) administers the drug at a clinic or community pharmacy, as those terms are defined by the division, by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(c) is directed by the physician, as that term is defined in Section 58-67-102 or Section 58-68-102, who issues the prescription to administer the drug.
Amended by Chapter 223, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 6 - Regulation of the Practice of Pharmacy Operating Standards › Section 627 - Prescription of drugs or devices by a pharmacist.

Effective 7/1/2022
58-17b-627.
Prescription of drugs or devices by a pharmacist.
(1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or device if:
(a) prescribing the prescription drug or device is within the scope of the pharmacist's training and experience;
(b) the prescription drug or device is designated by the division by rule under Subsection (3)(a); and
(c) the prescription drug or device is not a controlled substance that is included in Schedules I, II, III, or IV of:
(i) Section 58-37-4; or
(ii) the federal Controlled Substances Act, Title II, P.L. 91-513.
(2) Nothing in this section requires a pharmacist to issue a prescription for a prescription drug or device.
(3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) designate the prescription drugs or devices that may be prescribed by a pharmacist under this section, beginning with prescription drugs or devices that address a public health concern that is designated by the Department of Health and Human Services, including:
(i) post-exposure HIV prophylaxis;
(ii) pre-exposure HIV prophylaxis;
(iii) self-administered hormonal contraceptives;
(iv) smoking cessation; and
(v) naloxone;
(b) create guidelines that a pharmacist must follow when prescribing a prescription drug or device, including guidelines:
(i) for notifying the patient's primary care or other health care provider about the prescription; and
(ii) to prevent the over-prescription of drugs or devices including but not limited to antibiotics;
(c) address when a pharmacist should refer the patient to an appropriate health care provider or otherwise encourage the patient to seek further medical care; and
(d) implement the provisions of this section.
(4) The division shall make rules under Subsection (3) in collaboration with:
(a) individuals representing pharmacies and pharmacists;
(b) individuals representing physicians and advanced practice clinicians; and
(c)
(i) if the executive director of the Department of Health and Human Services is a physician, the executive director of the Department of Health and Human Services;
(ii) if the executive director of the Department of Health and Human Services is not a physician, a deputy director who is a physician in accordance with Subsection 26B-1-203(4); or
(iii) a designee of the individual described in Section 26B-1-203.
(5) Before November 1 of each year, the division, in consultation with the individuals described in Subsection (4), shall:
(a) develop recommendations for statutory changes to improve patient access to prescribed drugs in the state; and
(b) report the recommendations developed under Subsection (5)(a) to the Health and Human Services Interim Committee.
Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 8 - Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy › Section 801 - Title.

Effective 7/1/2014
58-17b-801.
Title.
This part is known as "Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy."
Enacted by Chapter 72, 2014 General Session