Terms Used In Utah Code 32B-4-403

• Furnish: includes to:

  (i)

  serve;

  (ii)	deliver; or

  (iii)

  otherwise make available. See Utah Code 32B-1-102 Health care practitioner: means : (a)  a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act; (b)  an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act; (c)  a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (d)  a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act; (e)  a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (f)  a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act; (g)  an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act; (h)  a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act; (i)  a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; (j)  a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act; (k)  an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (l)  a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and (m)  a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. 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 (2)  (a)  (i)  Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if the person who violates Subsection (1) negligently or recklessly fails to determine whether the recipient of the alcoholic product is a minor. (ii)  As used in this Subsection (2)(a), “negligently” means with simple negligence. (b)  Except as provided in Subsection (3), a person is guilty of a class A misdemeanor if the person who violates Subsection (1) knows the recipient of the alcoholic product is a minor. (3)  This section does not apply to the furnishing of an alcoholic product to a minor in accordance with this title: (a)  for medicinal purposes by: (i)  the parent or guardian of the minor; or (ii)  the health care practitioner of the minor, if the health care practitioner is authorized by law to write a prescription; or (b)  as part of a religious organization’s religious services. Amended by Chapter 447, 2022 General Session   Previous section Next section    Part 4 Contents