(1) 

Terms Used In Utah Code 32B-10-703

  • health care facility: means a facility that is licensed by the Department of Health and Human Services under 2. See Utah Code 32B-10-702
  • License: means :
(a) a retail license;
(b) a sublicense;
(c) a license issued in accordance with 4;
(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • Prescription: means an order issued by a health care practitioner when:
    (a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;
    (b) the order is made in the course of that health care practitioner's professional practice; and
    (c) the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102
  • special use permit: means a special use permit issued under this chapter, including:
    (1) a religious wine use permit;
    (2) an industrial or manufacturing use permit;
    (3) a scientific or educational use permit; and
    (4) a public service permit. See Utah Code 32B-10-102
  • 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
  • (a)  This Subsection (1) applies to a health care facility that administers or allows to be administered an alcoholic product to a patient of the health care facility if the alcoholic product is prescribed by a person licensed by the state to write a prescription.

    (b)  A health care facility described in Subsection (1)(a):

    (i)  is not in violation of this title; and

    (ii)  is not required to hold a license or special use permit to make or allow the administration of an alcoholic product.
  • (2)  This exemption does not apply to an alcoholic product purchased by a health care facility for administration to a patient or a use other than one stated in Subsection (1).

    Enacted by Chapter 276, 2010 General Session