Utah Code 31A-48-102. Definitions

As used in this chapter:

(1)

Terms Used In Utah Code 31A-48-102

Drug: means a substance that is:

(i)

(A)	intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans; and

(B)	recognized in or in a supplement to the official United States Pharmacopoeia, the Homeopathic Pharmacopoeia of the United States, or the official National Formulary;

(ii)	required by an applicable federal or state law or rule to be dispensed by prescription only;

(iii)

restricted to administration by practitioners only;

(iv)	a substance other than food intended to affect the structure or a function of the human body; or

(v)

intended for use as a component of a substance described in Subsection (1)(a)(i), (ii), (iii), or (iv). See Utah Code 31A-48-102

Person: includes :

(a)	an individual;

(b)	a partnership;

(c)	a corporation;

(d)	an incorporated or unincorporated association;

(e)	a joint stock company;

(f)

a trust;

(g)	a limited liability company;

(h)	a reciprocal;

(i)	a syndicate; or

(j)

another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301

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

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

“Drug” means a substance that is:

(i)

(A)	intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans; and

(B)	recognized in or in a supplement to the official United States Pharmacopoeia, the Homeopathic Pharmacopoeia of the United States, or the official National Formulary;

(ii)	required by an applicable federal or state law or rule to be dispensed by prescription only;

(iii)

restricted to administration by practitioners only;

(iv)	a substance other than food intended to affect the structure or a function of the human body; or

(v)	intended for use as a component of a substance described in Subsection (1)(a)(i), (ii), (iii), or (iv).

(b)	“Drug” does not include a dietary supplement.

(2)	“Insurer” means the same as that term is defined in Section 31A-22-634.

(3)	“Manufacturer” means a person that is engaged in the manufacturing of a drug that is available for purchase by residents of the state.

(4)	“Rebate” means the same as that term is defined in Section 31A-46-102.

(5)	“Wholesale acquisition cost” means the same as that term is defined in 42 U.S.C. § 1395w-3a.

Amended by Chapter 198, 2022 General Session

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