(1)  A person may not sell, offer for sale, or furnish an alcoholic product to a known interdicted person.

Terms Used In Utah Code 32B-4-405

  • 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
  • Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
    (a) law; or
    (b) court order. 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)  This section does not apply to the sale, offer for sale, or furnishing of an alcoholic product to an interdicted person:

    (a)  under an order of a health care practitioner who is authorized by law to write a prescription; or

    (b)  administered by a hospital or health care practitioner authorized by law to administer the alcoholic product for medicinal purposes.

    Enacted by Chapter 276, 2010 General Session