58-17b-806.  Enforcement of dispensing medical practitioner and dispensing medical practitioner clinic pharmacy compliance with Pharmacy Practice Act.

(1) 

Terms Used In Utah Code 58-17b-806

  • board: means the Utah State Board of Pharmacy created in Section 58-17b-201. 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
  • Dispensing medical practitioner clinic pharmacy: means a closed-door pharmacy located within a licensed dispensing medical practitioner's place of practice. 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
  • 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
  • (a)  The division shall consult with the dispensing medical practitioner’s appropriate licensing board as designated in Subsection 58-17b-102(23)(a) regarding a violation of this chapter; and

    (b)  the Pharmacy Board shall, if requested by the licensing board of the dispensing medical practitioner, assist the licensing board for the dispensing medical practitioner with reviewing the violations of the provisions of this chapter.
  • (2)  The division may take appropriate action against a dispensing medical practitioner, in accordance with this chapter, if the licensing board designated in Subsection 58-17b-102(23)(a) recommends to the division that action be taken under this chapter.

    (3)  The division, in consultation with the board is the primary enforcer under this chapter for a dispensing medical practitioner clinic pharmacy licensed under Section 58-17b-804.

    Enacted by Chapter 72, 2014 General Session