Effective 7/1/2023

58-17b-302.  License required — License classifications for pharmacy facilities.

(1)  A license is required to act as a pharmacy, except:

Terms Used In Utah Code 58-17b-302 v2

  • Pharmacist-in-charge: means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. 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
  • Statute: A law passed by a legislature.
  • (a)  as specifically exempted from licensure under Section 58-1-307;

    (b)  for the operation of a medical cannabis pharmacy under Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; and

    (c)  to operate a licensed dispensing practice under 2.

    (2)  The division shall issue a pharmacy license to a facility that qualifies under this chapter in the classification of a:

    (a)  class A pharmacy;

    (b)  class B pharmacy;

    (c)  class C pharmacy;

    (d)  class D pharmacy;

    (e)  class E pharmacy; or

    (f)  dispensing medical practitioner clinic pharmacy.

    (3) 

    (a)  Each place of business shall require a separate license.

    (b)  If multiple pharmacies exist at the same address, a separate license shall be required for each pharmacy.

    (4) 

    (a)  The division may further define or supplement the classifications of pharmacies.

    (b)  The division may impose restrictions upon classifications to protect the public health, safety, and welfare.

    (5)  Each pharmacy shall have a pharmacist-in-charge, except as otherwise provided by rule.

    (6)  Whenever an applicable statute or rule requires or prohibits action by a pharmacy, the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities of the pharmacy, regardless of the form of the business organization.

    Amended by Chapter 273, 2023 General Session
    Amended by Chapter 328, 2023 General Session, (Coordination Clause)
    Amended by Chapter 328, 2023 General Session