58-17b-805.  Dispensing medical practitioner — Cancer drug treatment regimen.

(1)  For purposes of this section:

Terms Used In Utah Code 58-17b-805

  • board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
  • Dispense: means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. See Utah Code 58-17b-102
  • Dispensing medical practitioner: means an individual who is:
(a) currently licensed as:
(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;
(iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
(iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or
(v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and
(b) licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. See Utah Code 58-17b-102
  • Drug: means :
    (i) a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
    (ii) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
    (iii) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
    (iv) substances intended for use as a component of any substance specified in Subsections (26)(a)(i), (ii), (iii), and (iv). See Utah Code 58-17b-102
  • Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Utah Code 58-17b-102
  • Prescribe: means to issue a prescription:
    (a) orally or in writing; or
    (b) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-17b-102
  • Prescription: means an order issued:
    (a) by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
    (b) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-17b-102
    (a)  “Cancer drug treatment regimen” means a prescription drug used to treat cancer, manage its symptoms, or provide continuity of care for a cancer patient.

    (b)  “Cancer drug treatment regimen” includes:

    (i)  a chemotherapy drug administered intravenously, orally, rectally, or by dermal methods; and

    (ii)  a drug used to support cancer treatment, including a drug used to treat, alleviate, or minimize physical and psychological symptoms or pain, to improve patient tolerance of cancer treatments, or to prepare a patient for a subsequent course of therapy.

    (c)  “Cancer drug treatment regimen” does not mean a drug listed under federal law as a Schedule I, II, or III drug.
  • (2)  An individual may be licensed as a dispensing medical practitioner with a scope of practice that permits the dispensing medical practitioner to prescribe and dispense a cancer drug treatment regimen if the individual:

    (a)  is licensed as described in Subsections 58-17b-102(23)(a)(i) and (ii); and

    (b)  is certified or eligible to be certified by:

    (i)  the American Board of Internal Medicine in medical oncology; or

    (ii)  the American Board of Urology.

    (3)  A dispensing medical practitioner authorized to prescribe and dispense a cancer drug treatment regimen under this section may prescribe and dispense a cancer drug treatment regimen:

    (a)  to the practitioner’s patient who is currently undergoing chemotherapy in an outpatient clinic setting; and

    (b)  if the practitioner determines that providing the cancer drug treatment regimen to the patient in the outpatient clinic setting is in the best interest of the patient or provides better access to care for the patient.

    Amended by Chapter 343, 2019 General Session