reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 15 - Health Facility Administrator Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/4/2022
58-15-101.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Administrator" means a person who is charged with the general administration of a health facility, regardless of whether:
(a) the person has an ownership interest in the facility; or
(b) the person's functions and duties are shared with one or more persons.
(2) "Board" means the Health Facility Administrators Licensing Board created in Section 58-15-201.
(3) "Health facility" means a skilled nursing facility, an intermediate care facility, or an intermediate care facility for individuals with an intellectual disability.
(4) "Intermediate care facility" means an institution that provides, on a regular basis, health care and services to individuals who do not require the degree of care and treatment a hospital or skilled nursing facility provides, but who require health care and services in addition to room and board.
(5) "Intermediate care facility for people with an intellectual disability" means an institution that provides, on a regular basis, health-related care and service to individuals with intellectual disabilities as defined in Section 68-3-12.5 or individuals with related conditions, who do not require the degree of care and treatment a hospital or skilled nursing facility provides, but who require health-related care and services above the need for room and board.
(6) "Skilled nursing facility" means an institution primarily providing inpatients with skilled nursing care and related services on a continuing basis for patients who require mental, medical, or nursing care, or service for the rehabilitation of an injured individual, a sick individual, or an individual with a disability.
(7) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further defined by rule includes:
(a) intentionally filing a false report or record, intentionally failing to file a report or record required by state or federal law, or willfully impeding or obstructing the filing of a required report. These reports or records only include those which are signed in the capacity of a licensed health facility administrator; and
(b) acting in a manner inconsistent with the health and safety of the patients of the health facility in which he is the administrator.
Renumbered and Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 15 - Health Facility Administrator Act › Part 2 - Board › Section 201 - Health Facility Administrators Licensing Board.

Effective 5/4/2022
58-15-201.
Health Facility Administrators Licensing Board.
(1) There is created a Health Facility Administrators Licensing Board consisting of:
(a) one administrator from a skilled nursing facility;
(b) two administrators from intermediate care facilities;
(c) one administrator from an intermediate care facility for people with an intellectual disability; and
(d) one member from the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3)
(a) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
(b) The board, in collaboration with the division, may establish continuing education requirements by rule.
(c) Board members may not receive compensation for their involvement in continuing education programs.
Renumbered and Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 15 - Health Facility Administrator Act › Part 3 - Licensing › Section 301 - Licensure requirements.

Effective 5/4/2022
58-15-301.
Licensure requirements.
(1) An applicant for a license under this chapter shall submit to the division a written application in a form prescribed by the division.
(2) After July 1, 1985, all new applicants are required to have the education or experience requirements as established by rule and as approved by the division.
(3) The applicant shall pay to the department a fee in an amount determined by the department in accordance with Section 63J-1-504 for:
(a) admission to the examination;
(b) an initial license; and
(c) a renewal license.
(4)
(a) The applicant shall pass a written examination in subjects determined by the board.
(b) Upon the applicant passing the examination described in Subsection (4)(a) and paying the license fee described in Subsection (3), the board shall recommend issuance to the applicant of a license to practice as a health facility administrator.
(5)
(a) A temporary license may be issued without examination to a person who meets the requirements established by statute and by rule for an administrator.
(b) A temporary license may be issued only:
(i) to fill a position of administrator that unexpectedly becomes vacant; and
(ii) for a single period of six months or less.
Renumbered and Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 15 - Health Facility Administrator Act › Part 3 - Licensing › Section 302 - Term of license -- Expiration -- Renewal.

Effective 5/4/2022
58-15-302.
Term of license -- Expiration -- Renewal.
(1)
(a) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule.
(b) A renewal period described in Subsection (1)(a) may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Renumbered and Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 15 - Health Facility Administrator Act › Part 3 - Licensing › Section 303 - Exemptions to chapter.

Affected by 63I-1-258 on 7/1/2025
Effective 5/3/2023
58-15-303.
Exemptions to chapter.
(1) In addition to the exemptions described in Section 58-1-307, this chapter does not apply to:
(a) a facility of a recognized church or denomination that cares for the sick and suffering by mental or spiritual means if no drug or material remedy is used in the care provided; or
(b) the superintendent of the Utah State Developmental Center described in Section 26B-6-502.
(2) Any facility or person exempted under this section shall comply with each statute and rule on sanitation and life safety.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 15 - Health Facility Administrator Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

Effective 5/4/2022
58-15-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.
Renumbered and Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 15 - Health Facility Administrator Act › Part 5 - Unlawful Conduct › Section 501 - Penalty for unlawful conduct.

Effective 5/4/2022
58-15-501.
Penalty for unlawful conduct.
A person who violates the unlawful conduct provisions defined in Subsection 58-1-501(1) is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 2 - Board › Section 201 - Creation of board -- Board duties and functions.

58-16a-201.
Creation of board -- Board duties and functions.
(1) There is created an Optometrist Licensing Board consisting of five optometrists and two members from the general public who do not provide eye care services.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The board's duties and responsibilities shall be in accordance with Sections 58-1-202 and 58-1-203, and as provided under this Subsection (3).
(4) The board shall designate one of its members on a permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(5) A board member who has, under Subsection (4), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint. The board member may be disqualified:
(a) on his own motion, due to actual or perceived bias or lack of objectivity; or
(b) upon challenge for cause raised on the record by any party to the adjudicative proceeding.
Renumbered and Amended by Chapter 13, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

58-16a-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of optometry, except as specifically provided in Section 58-1-307 or 58-16a-305.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of optometrist.
Enacted by Chapter 13, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Effective 5/4/2022
58-16a-302.
Qualifications for licensure.
An applicant for licensure as an optometrist shall:
(1) submit an application in a form prescribed by the division;
(2) pay a fee as determined by the division under Section 63J-1-504;
(3)
(a) be a doctoral graduate of a recognized school of optometry accredited by the American Optometric Association's Accreditation Council on Optometric Education; or
(b) be a graduate of a school of optometry located outside the United States that meets the criteria that would qualify the school for accreditation under Subsection (3)(a), as demonstrated by the applicant for licensure;
(4) if the applicant graduated from a recognized school of optometry prior to July 1, 1996, have successfully completed a course of study satisfactory to the division, in consultation with the board, in general and ocular pharmacology and emergency medical care;
(5) have passed examinations approved by the division in consultation with the board that include:
(a) a standardized national optometry examination;
(b) a standardized clinical examination; and
(c) a standardized national therapeutics examination; and
(6) meet with the board and representatives of the division, if requested by either party, for the purpose of evaluating the applicant's qualifications for licensure.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-16a-303.
Term of license -- Expiration -- Renewal.
(1)
(a) Each license issued under this part shall be issued in accordance with a two-year renewal cycle established by rule.
(b) A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) At the time of renewal the licensee shall show satisfactory evidence of completion of continuing education as required under Section 58-16a-304.
(3) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Amended by Chapter 268, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 3 - Licensing › Section 304 - Continuing education.

58-16a-304.
Continuing education.
(1) As a condition precedent for license renewal, each licensee shall, during each two-year licensure cycle or other cycle defined by rule, complete 30 hours of qualified continuing professional education in accordance with standards defined by rule.
(2) If a renewal period is extended or shortened under Section 58-16a-303, the continuing education hours required for license renewal under this section shall be increased or decreased proportionally.
Enacted by Chapter 13, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 3 - Licensing › Section 306 - Contact lens prescription -- Qualifications.

58-16a-306.
Contact lens prescription -- Qualifications.
(1) An optometrist or physician issuing a contact lens prescription shall:
(a) be licensed under this title to practice in Utah;
(b) ensure the final contact lens prescription is accurate;
(c) present a written copy of the prescription to the patient after fitting; and
(d) provide a copy of the patient's contact lens prescription to a person who sells contact lenses upon the request of the patient or the person selling the contact lenses.
(2) An optometrist or physician may not be held liable as a result of providing a prescription to a patient as required by Subsection (1).
(3) Application of the provisions of this section shall be consistent with 45 C.F.R. Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information.
Amended by Chapter 270, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 3 - Licensing › Section 307 - Licenses held on effective date.

58-16a-307.
Licenses held on effective date.
An individual holding a current license as an optometrist that was issued under any prior state law is considered to hold a current license in the same scope of practice under this chapter.
Enacted by Chapter 13, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-16a-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.
Renumbered and Amended by Chapter 13, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

Effective 5/12/2020
58-16a-501.
Unlawful conduct.
"Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
(1) buying, selling, or fraudulently obtaining, any optometry diploma, license, certificate, or registration;
(2) selling or providing contact lenses or ophthalmic lenses in a manner inconsistent with Section 58-16a-801 or intentionally altering a prescription unless the person selling or providing the lenses is a licensed optometrist or ophthalmologist; or
(3) representing oneself as or using the title of "optometrist," "optometric physician," "doctor of optometry," or "O.D.," unless currently licensed under this chapter.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Effective 5/12/2020
58-16a-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
(1) using or employing the services of an optometric assistant to assist a licensee in any manner not in accordance with:
(a) the generally recognized practices and standards of ethics of the profession; or
(b) applicable state law or division rule;
(2) failure to refer a patient to an appropriate licensed practitioner when:
(a) the patient's condition does not respond to treatment; or
(b) the treatment is not within the scope of competence or licensure of the licensee;
(3) providing confidential information regarding a patient to any third party who does not have a legal and professional ground for obtaining the information;
(4) knowingly prescribing, selling, giving away, or administering any prescription drug unless:
(a) for a legitimate medical purpose;
(b) upon a proper diagnosis indicating the use of the drug in the amount prescribed or provided; and
(c) in compliance with Section 58-17b-309;
(5) giving or receiving directly or indirectly any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, except as part of a legal relationship within a lawful professional partnership, corporation, or association;
(6) failure to transfer pertinent and necessary information from a patient's medical records to another optometrist or physician when so requested by the patient or his representative, as designated in writing;
(7) failure to provide a contact lens prescription to a person who sells contact lenses in accordance with Section 58-16a-306; or
(8) falsely making an entry in, or altering, a medical record with the intent to conceal:
(a) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
(b) conduct described in Subsections (1) through (7) or Subsection 58-1-501(1).
Amended by Chapter 25, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalty for unlawful conduct.

Effective 5/12/2020
58-16a-503.
Penalty for unlawful conduct.
(1) Except as provided in Subsection (2), any person who violates the unlawful conduct provision defined in Section 58-16a-501 or Subsection 58-1-501(1)(a) or (1)(c) is guilty of a third degree felony.
(2) A person who violates Subsection 58-16a-501(2) is guilty of a class C misdemeanor.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 6 - Scope of Practice › Section 601 - Scope of practice.

Effective 1/1/2018
58-16a-601.
Scope of practice.
(1) An optometrist may:
(a) provide optometric services not specifically prohibited under this chapter or division rules if the services are within the optometrist's training, skills, and scope of competence; and
(b) prescribe or administer pharmaceutical agents for the eye and its adnexa, including oral agents, subject to the following conditions:
(i) an optometrist may prescribe oral antibiotics for only eyelid related ocular conditions or diseases, and other ocular conditions or diseases specified by division rule; and
(ii) an optometrist may administer or prescribe a hydrocodone combination drug, or a Schedule III controlled substance, as defined in Section 58-37-4, only if:
(A) the substance is administered or prescribed for pain of the eye or adnexa;
(B) the substance is administered orally or topically or is prescribed for oral or topical use;
(C) the amount of the substance administered or prescribed does not exceed a 72-hour quantity; and
(D) if the substance is prescribed, the prescription does not include refills.
(2) An optometrist may not:
(a) perform surgery, including laser surgery; or
(b) prescribe or administer a Schedule II controlled substance, as defined in Section 58-37-4, except for a hydrocodone combination drug, if so scheduled and prescribed or administered in accordance with Subsection (1)(b).
(3) For purposes of Sections 31A-22-618 and 31A-45-303, an optometrist is a health care provider.
Amended by Chapter 292, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 7 - Practice Standards › Section 701 - Form of practice.

58-16a-701.
Form of practice.
(1) An optometrist licensed under this chapter may engage in practice as an optometrist or in the practice of optometry only as an individual licensee. However, as an individual licensee he may be:
(a) an individual operating as a business proprietor;
(b) an employee of another person or corporation;
(c) a partner in a lawfully organized partnership;
(d) a lawfully formed professional corporation;
(e) a lawfully organized limited liability company;
(f) a lawfully organized business corporation; or
(g) any other form of organization recognized by the state and which is not prohibited by division rule made in collaboration with the board.
(2) Regardless of the form in which a licensee engages in the practice of optometry, the licensee may only permit the practice of optometry in that form of practice to be conducted by an individual:
(a) licensed in Utah as an optometrist under Section 58-16a-301; and
(b) who is able to lawfully and competently engage in the practice of optometry.
Enacted by Chapter 13, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 7 - Practice Standards › Section 702 - Medical records -- Electronic records.

58-16a-702.
Medical records -- Electronic records.
(1) Medical records maintained by a licensee shall meet the standards and ethics of the profession.
(2) Medical records under this section may be maintained by any electronic means if the records comply with Subsection (1).
Amended by Chapter 268, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 9 - Contact Lens Consumer Protection Act › Section 902 - Policy.

58-16a-902.
Policy.
It is the policy of the state that citizens who wear contact lenses pursuant to valid prescriptions should not be unreasonably denied the opportunity to purchase their contact lenses from their retailer of choice.
Enacted by Chapter 245, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 9 - Contact Lens Consumer Protection Act › Section 903 - Definitions.

58-16a-903.
Definitions.
As used in this part:
(1) "Alternative channels of distribution" means any mail order company, Internet retailer, pharmacy, buying club, department store, or mass merchandise outlet, without regard to whether it is associated with a prescriber, unless the account meets the definition of a competitor as provided for in this section.
(2) "Competitor" means an entity that manufactures contact lenses and sells those lenses within the state in direct competition with any other manufacturer.
(3) "Manufacturer" means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns.
(4) "Prescriber" means an individual licensed or authorized to prescribe contact lenses under this title.
Enacted by Chapter 245, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 9 - Contact Lens Consumer Protection Act › Section 904 - Certification of availability of contact lenses -- Exceptions.

58-16a-904.
Certification of availability of contact lenses -- Exceptions.
(1) Beginning July 1, 2006, a manufacturer of contact lenses doing business in the state shall certify by affidavit to the Attorney General those brands of contact lenses produced, marketed, distributed, or sold by the manufacturer in the state that are made available in a commercially reasonable and nondiscriminatory manner to:
(a) prescribers;
(b) entities associated with prescribers; and
(c) alternative channels of distribution.
(2) Notwithstanding any other provision of law, a manufacturer shall only sell, market, or distribute lenses in Utah that have been certified under Subsection (1).
(3) Subsections (1) and (2) do not apply to:
(a) rigid gas permeable lenses;
(b) bitoric gas permeable lenses;
(c) bifocal gas permeable lenses;
(d) keratoconus lenses;
(e) custom soft toric lenses that are manufactured for an individual patient and are not mass marketed or mass produced; and
(f) custom designed lenses that are manufactured for an individual patient and are not mass marketed or mass produced.
(4) Any time a brand ceases to be made available after July 1, 2006, the manufacturer shall immediately certify that fact by affidavit to the Attorney General.
Enacted by Chapter 245, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 9 - Contact Lens Consumer Protection Act › Section 905 - Manufacturers' conduct.

58-16a-905.
Manufacturers' conduct.
Nothing in Section 58-16a-904 is intended to require a manufacturer to:
(1) sell to a competitor;
(2) sell contact lenses to different contact lens distributors or customers at the same price;
(3) open or maintain any account for a contact lens seller who is not in substantial compliance with Utah and federal law regarding the sale of contact lenses;
(4) decide whether a low volume account with a contact lens seller is a direct account or handled through a distributor; or
(5) sell to customers in all geographic areas lenses that are being test marketed on a limited basis in one geographic area.
Enacted by Chapter 245, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 9 - Contact Lens Consumer Protection Act › Section 905.1 - Contact lens manufacturer or distributor -- Prohibited conduct.

Effective 5/12/2015
58-16a-905.1.
Contact lens manufacturer or distributor -- Prohibited conduct.
A contact lens manufacturer or a contact lens distributor may not:
(1) take any action, by agreement, unilaterally, or otherwise, that has the effect of fixing or otherwise controlling the price that a contact lens retailer charges or advertises for contact lenses; or
(2) discriminate against a contact lens retailer based on whether the contact lens retailer:
(a) sells or advertises contact lenses for a particular price;
(b) operates in a particular channel of trade;
(c) is a person authorized by law to prescribe contact lenses; or
(d) is associated with a person authorized by law to prescribe contact lenses.
Enacted by Chapter 293, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 16a - Utah Optometry Practice Act › Part 9 - Contact Lens Consumer Protection Act › Section 906 - Penalties for violations.

Effective 5/12/2015
58-16a-906.
Penalties for violations.
(1) A person who knowingly and intentionally violates a provision of Section 58-16a-904 is guilty of a class A misdemeanor.
(2) The attorney general may bring a civil action or seek an injunction and a civil penalty against any person who violates a provision of Section 58-16a-904 or 58-16a-905.1.
Amended by Chapter 293, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 1 - General Provisions › Section 103 - Administrative inspections.

58-17b-103.
Administrative inspections.
(1) The division may for the purpose of ascertaining compliance with the provisions of this chapter, require a self-audit or enter and inspect the business premises of a person:
(a) licensed under Part 3, Licensing; or
(b) who is engaged in activities that require a license under Part 3, Licensing.
(2) Before conducting an inspection under Subsection (1), the division shall, after identifying the person in charge:
(a) give proper identification;
(b) request to see the applicable license or licenses;
(c) describe the nature and purpose of the inspection; and
(d) provide upon request, the authority of the division to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section 58-17b-504.
(3) In conducting an inspection under Subsection (1), the division may, after meeting the requirements of Subsection (2):
(a) examine any record, prescription, order, drug, device, equipment, machine, electronic device or media, or area related to activities for which a license has been issued or is required by Part 3, Licensing, for the purpose of ascertaining compliance with the applicable provisions of this chapter;
(b) reproduce any record or media at the division's own cost;
(c) take a drug or device for further analysis if considered necessary;
(d) temporarily seize a drug or device that is suspected to be adulterated, misbranded, outdated, or otherwise in violation of this chapter, pending an adjudicative proceeding on the matter;
(e) box and seal drugs suspected to be adulterated, outdated, misbranded, or otherwise in violation of this chapter; and
(f) dispose of or return a drug or device obtained under this Subsection (3) in accordance with procedures established by division rule.
(4) An inspection described in Subsection (1) shall be conducted during regular business hours.
(5) If, upon inspection, the division concludes that a person has violated the provisions of this chapter or Chapter 37, Utah Controlled Substances Act, or a rule or order issued with respect to those chapters, and that disciplinary action is appropriate, the director or the director's designee shall promptly issue a fine or citation to the licensee in accordance with Section 58-17b-504.
Amended by Chapter 262, 2013 General Session
Amended by Chapter 278, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 2 - Board › Section 201 - Board -- Membership -- Qualifications -- Terms.

58-17b-201.
Board -- Membership -- Qualifications -- Terms.
(1) There is created the Utah State Board of Pharmacy consisting of five pharmacists, one pharmacy technician, and one member of the general public.
(a) The public member of the board shall be a Utah resident who:
(i) is 21 years of age or older;
(ii) has never been licensed to engage in the practice of pharmacy;
(iii) has never been the spouse of a person licensed to engage in the practice of pharmacy;
(iv) has never held any material financial interest in pharmacy practice; and
(v) has never engaged in any activity directly related to the practice of pharmacy.
(b) The licensed pharmacist and licensed pharmacy technician members of the board shall:
(i) have been Utah residents continuously for at least three years;
(ii) have at least five years experience in the practice of pharmacy in good standing with the division in Utah after licensure; and
(iii) maintain licensure in good standing to engage in the practice of pharmacy or practice as a pharmacy technician in Utah for the duration of the appointment.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203, and as required under Section 58-37f-202 regarding the controlled substance database. In addition, the board shall designate an appropriate member on a permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
(5) A board member may be removed in accordance with Subsection 58-1-201(2)(e) or upon one of the following grounds:
(a) refusal or inability for any reason of a board member to perform his duties as a member of the Board in an efficient, responsible, and professional manner;
(b) misuse of appointment to obtain personal, pecuniary, or material gain or advantage for himself or another through such appointment; or
(c) violation of the laws governing the practice of pharmacy or Chapter 37, Utah Controlled Substances Act.
Amended by Chapter 287, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 301 - License required -- License classifications for individuals.

Effective 7/1/2014
58-17b-301.
License required -- License classifications for individuals.
(1) A license is required to engage in the practice of pharmacy, telepharmacy, pharmacy technician, or dispensing medical practitioner except as specifically provided in Section 58-1-307 or 58-17b-309.
(2) The division shall issue to an individual who qualifies under this chapter a license in the classification of:
(a) pharmacist;
(b) pharmacy intern;
(c) pharmacy technician;
(d) dispensing medical practitioner; or
(e) pharmacy technician trainee.
Amended by Chapter 72, 2014 General Session
Amended by Chapter 385, 2014 General Session
Amended by Chapter 385, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 302 - License required -- License classifications for pharmacy facilities.

Effective 7/1/2023
58-17b-302.
License required -- License classifications for pharmacy facilities.
(1) A license is required to act as a pharmacy, except:
(a) as specifically exempted from licensure under Section 58-1-307;
(b) for the operation of a medical cannabis pharmacy under Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; and
(c) to operate a licensed dispensing practice under Chapter 88, Part 2, Dispensing Practice.
(2) The division shall issue a pharmacy license to a facility that qualifies under this chapter in the classification of a:
(a) class A pharmacy;
(b) class B pharmacy;
(c) class C pharmacy;
(d) class D pharmacy;
(e) class E pharmacy; or
(f) dispensing medical practitioner clinic pharmacy.
(3)
(a) Each place of business shall require a separate license.
(b) If multiple pharmacies exist at the same address, a separate license shall be required for each pharmacy.
(4)
(a) The division may further define or supplement the classifications of pharmacies.
(b) The division may impose restrictions upon classifications to protect the public health, safety, and welfare.
(5) Each pharmacy shall have a pharmacist-in-charge, except as otherwise provided by rule.
(6) Whenever an applicable statute or rule requires or prohibits action by a pharmacy, the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities of the pharmacy, regardless of the form of the business organization.
Amended by Chapter 273, 2023 General Session
Amended by Chapter 328, 2023 General Session, (Coordination Clause)
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 303 - Qualifications for licensure as a pharmacist.

Effective 5/12/2020
58-17b-303.
Qualifications for licensure as a pharmacist.
(1) An applicant for licensure as a pharmacist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) complete a criminal background check and be free from criminal convictions as described in Section 58-1-501;
(d) have no physical or mental condition of a nature which prevents the applicant from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the public;
(e) have graduated and received a professional entry degree from a school or college of pharmacy which is accredited by the Accreditation Council on Pharmacy Education;
(f) have completed an internship meeting standards established by division rule made in collaboration with the board; and
(g) have successfully passed examinations required by division rule made in collaboration with the board.
(2) An applicant for licensure as a pharmacist whose pharmacy education was completed at a foreign pharmacy school shall, in addition to the requirements under Subsections (1)(a) through (d), (f), and (g), obtain a certification of equivalency from a credentialing agency required by division rule made in collaboration with the board.
(3) An applicant for a license by endorsement as a pharmacist under this section shall:
(a) submit a written application in the form prescribed by the division;
(b) pay the fee determined by the department under Section 63J-1-504;
(c) complete a criminal background check and be free from criminal convictions as described in Section 58-1-501;
(d) have no physical or mental condition of a nature which prevents the applicant from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the public;
(e) have lawfully practiced as a licensed pharmacist a minimum of 2,000 hours in the four years immediately preceding the date of application;
(f) produce satisfactory evidence of completing the professional education required under Subsection (1);
(g) be currently licensed in good standing as a pharmacist in another state, territory, or possession of the United States;
(h) produce satisfactory evidence that the examination requirements are or were at the time the license was issued, equal to those of this state; and
(i) pass the jurisprudence examination prescribed by division rule made in collaboration with the board.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 304 - Qualifications for licensure of pharmacy intern.

Effective 5/12/2020
58-17b-304.
Qualifications for licensure of pharmacy intern.
An applicant for licensure as a pharmacy intern shall:
(1) submit an application in a form prescribed by the division;
(2) pay a fee determined by the department under Section 63J-1-504;
(3) complete a criminal background check and be free from criminal convictions as described in Section 58-1-501;
(4) have no physical or mental condition of a nature which prevents the applicant from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the public;
(5) meet the preliminary educational qualifications required by division rule made in collaboration with the board; and
(6) meet one of the following educational criteria:
(a) be a current pharmacy student, a resident, or fellow in a program approved by division rule made in collaboration with the board; or
(b) have graduated from a foreign pharmacy school and received certification of equivalency from a credentialing agency approved by division rule made in collaboration with the board.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 305 - Qualifications for licensure of pharmacy technician.

Effective 5/12/2020
58-17b-305.
Qualifications for licensure of pharmacy technician.
(1) An applicant for licensure as a pharmacy technician shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) complete a criminal background check and be free from criminal convictions as described in Section 58-1-501;
(d) have no physical or mental condition of a nature which prevents the applicant from engaging in practice as a pharmacy technician with reasonable skill, competency, and safety to the public;
(e) have completed a program and curriculum of education and training, meeting standards established by division rule made in collaboration with the board; and
(f) successfully complete the examinations requirement within the time periods established by division rule made in collaboration with the board.
(2) A pharmacist whose license has been denied, revoked, suspended, or restricted for disciplinary purposes is not eligible to be a licensed pharmacy technician while on probation with the division.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 305.1 - Qualifications for licensure of pharmacy technician trainee.

Effective 5/5/2021
58-17b-305.1.
Qualifications for licensure of pharmacy technician trainee.
(1) An applicant for licensure as a pharmacy technician trainee shall:
(a) submit an application to the division on a form created by the division;
(b) pay a fee established by the division in accordance with Section 63J-1-504;
(c) unless exempted by the division, submit a completed criminal background check;
(d) demonstrate, as determined by the division, that the applicant does not have a physical or mental condition that would prevent the applicant from engaging in practice as a pharmacy technician with reasonable skill, competency, and safety to the public;
(e) submit evidence that the applicant is enrolled in a training program approved by the division; and
(f) satisfy any other criteria established by division rule made in collaboration with the board.
(2) A pharmacist whose license has been denied, revoked, suspended, or restricted for disciplinary purposes is not eligible to be licensed as a pharmacy technician trainee during division probation.
Amended by Chapter 340, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 308 - Term of license -- Expiration -- Renewal.

Effective 5/12/2020
58-17b-308.
Term of license -- Expiration -- Renewal.
(1) Except as provided in Subsection (2), each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle. Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
(2) The duration of a pharmacy intern license may be no longer than:
(a) one year for a license issued under Subsection 58-17b-304(6)(b); or
(b) five years for a license issued under Subsection 58-17b-304(6)(a).
(3) A pharmacy intern license issued under this chapter may not be renewed, but may be extended by the division in collaboration with the board.
(4) As a prerequisite for renewal of a class D pharmacy license of a pharmacy that engages in compounding, a licensee shall submit the most recent inspection report:
(a) conducted within two years before the application for renewal; and
(b)
(i) conducted as part of the National Association of Boards of Pharmacy Verified Pharmacy Program; or
(ii) performed by the state licensing agency of the state in which the applicant is a resident and in accordance with the National Association of Boards of Pharmacy multistate inspection blueprint program.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 309 - Exemptions from licensure.

Effective 5/3/2023
58-17b-309.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the following individuals may engage in the acts or practices described in this section without being licensed under this chapter:
(1) a person selling or providing contact lenses in accordance with Section 58-16a-801;
(2) an animal shelter that:
(a) under the indirect supervision of a veterinarian, stores, handles, or administers a drug used for euthanising an animal; and
(b) under the indirect supervision of a veterinarian who is under contract with the animal shelter, stores, handles, or administers a rabies vaccine;
(3) an overdose outreach provider, as defined in Section 26B-4-501, that obtains, stores, or furnishes an opiate antagonist in accordance with Title 26B, Chapter 4, Part 5, Treatment Access; and
(4) a dispensing practitioner, as defined in Section 58-88-201, dispensing a drug under Chapter 88, Part 2, Dispensing Practice.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 309.6 - Exemptions from licensure for research using pharmaceuticals.

Effective 5/9/2017
58-17b-309.6.
Exemptions from licensure for research using pharmaceuticals.
Research using pharmaceuticals, as defined in Section 58-17b-102, is exempt from licensure under Sections 58-17b-301 and 58-17b-302.
Amended by Chapter 181, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 309.7 - Opioid treatment program.

Effective 5/3/2023
58-17b-309.7.
Opioid treatment program.
(1) As used in this section:
(a) "Covered provider" means an individual who is licensed to engage in:
(i) the practice of advanced practice registered nursing as defined in Section 58-31b-102;
(ii) the practice of registered nursing as defined in Section 58-31b-102; or
(iii) practice as a physician assistant as defined in Section 58-70a-102.
(b) "Opioid treatment program" means a program or practitioner that is:
(i) engaged in dispensing an opiate medication assisted treatment for opioid use disorder;
(ii) registered under 21 U.S.C. Sec. 823(g)(1);
(iii) licensed by the Office of Licensing within the Department of Health and Human Services created in Section 26B-2-103; and
(iv) certified by the federal Substance Abuse and Mental Health Services Administration in accordance with 42 C.F.R. 8.11.
(2) A covered provider may dispense opiate medication assisted treatment at an opioid treatment program if the covered provider:
(a) is operating under the direction of a pharmacist;
(b) dispenses the opiate medication assisted treatment under the direction of a pharmacist; and
(c) acts in accordance with division rule made under Subsection (3).
(3) The division shall, in consultation with practitioners who work in an opioid treatment program, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines under which a covered provider may dispense opiate medication assisted treatment to a patient in an opioid treatment program under this section.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 310 - Continuing education.

Effective 9/23/2019
58-17b-310.
Continuing education.
(1) The division in collaboration with the board may establish by rule continuing education requirements for each classification of licensure under this chapter.
(2) The division shall accept and apply toward an hour requirement that the division establishes under Subsection (1) continuing education that a pharmacist completes in accordance with Section 26B-4-219.
Amended by Chapter 5, 2019 Special Session 1
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of licensure -- Disciplinary proceedings.

58-17b-401.
Grounds for denial of licensure -- Disciplinary proceedings.
Grounds for the following action regarding a license issued under this chapter shall be in accordance with Section 58-1-401:
(1) refusal to issue a license to an applicant;
(2) refusal to renew the license of a licensee;
(3) to revoke, suspend, restrict, or place on probation the license of a licensee;
(4) to issue a public or private reprimand to a licensee;
(5) to issue cease and desist orders; and
(6) to issue an administrative fine or citation.
Enacted by Chapter 280, 2004 General Session