Utah Code 58-17b-201. Board — Membership — Qualifications

(1)

There is created the Utah State Board of Pharmacy consisting of five pharmacists, one pharmacy technician, and one member of the general public.

Terms Used In Utah Code 58-17b-201

Adjudicative proceeding: means :Utah Code 68-3-12.5
board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 58-17b-102
Licensed pharmacy technician: means an individual licensed with the division, that may, under the supervision of a pharmacist, perform the activities involved in the technician practice of pharmacy. See Utah Code 58-17b-102
Person: means :Utah Code 68-3-12.5
Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102
Pharmacy: means any place where:

(a)	drugs are dispensed;

(b)	pharmaceutical care is provided;

(c)	drugs are processed or handled for eventual use by a patient; or

(d)

drugs are used for the purpose of analysis or research. See Utah Code 58-17b-102

Practice of pharmacy: includes the following:

(a)	providing pharmaceutical care;

(b)	collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement;

(c)

compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:

(i)	pursuant to a lawful order of a practitioner when one is required by law; and

(ii)

in accordance with written guidelines or protocols:

(A)	established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or

(B)	approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;

(d)	participating in drug utilization review;

(e)	ensuring proper and safe storage of drugs and devices;

(f)	maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;

(g)	providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses;

(h)	providing drug product equivalents;

(i)	supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;

(j)	providing patient counseling, including adverse and therapeutic effects of drugs;

(k)	providing emergency refills as defined by rule;

(l)	telepharmacy;

(m)	formulary management intervention;

(n)	prescribing and dispensing a self-administered hormonal contraceptive in accordance with 5; and

(o)

issuing a prescription in accordance with Section 58-17b-627. See Utah Code 58-17b-102

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-502 and may be further defined by rule. See Utah Code 58-17b-102

(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

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Utah Code 58-17b-201. Board — Membership — Qualifications — Terms

Terms Used In Utah Code 58-17b-201