a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(ii)
a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
(iii)
a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
(iv)
substances intended for use as a component of any substance specified in Subsections (26)(a)(i), (ii), (iii), and (iv). See Utah Code 58-17b-102
Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
Manufacturer: means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. See Utah Code 58-17b-102
Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. 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
Pharmacy intern: means an individual licensed by this state to engage in practice as a pharmacy intern. See Utah Code 58-17b-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
Supportive personnel: means unlicensed individuals who:
(a)
may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed pharmacy technician in nonjudgmental duties not included in the definition of the practice of pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as those duties may be further defined by division rule adopted in collaboration with the board; and
(b)
are supervised by a pharmacist in accordance with rules adopted by the division in collaboration with the board. See Utah Code 58-17b-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-502 and may be further defined by rule. See Utah Code 58-17b-102
(a)
“Licensed intermediate care facility for people with an intellectual disability” means an intermediate care facility for people with an intellectual disability that is licensed as a nursing care facility or a small health care facility under 2.
(b)
“Nursing care facility” means the same as that term is defined in Section 26B-2-201.
(c)
“Unit pack” means a tamper-resistant nonreusable single-dose single-drug package with identification that indicates the lot number and expiration date for the drug.
(2)
A pharmacist may accept and redistribute an unused drug, or part of it, after it has left the premises of the pharmacy:
(a)
in accordance with 9;
(b)
if:
(i)
the drug was prescribed to a patient in a nursing care facility, licensed intermediate care facility for people with an intellectual disability, or state prison facility, county jail, or state hospital;
(ii)
the drug was stored under the supervision of a licensed health care provider according to manufacturer recommendations;
(iii)
the drug is in a unit pack or in the manufacturer’s sealed container;
(iv)
the drug was returned to the original dispensing pharmacy;
(v)
the drug was initially dispensed by a licensed pharmacist or licensed pharmacy intern; and
(vi)
accepting back and redistributing of the drug complies with federal Food and Drug Administration and Drug Enforcement Administration regulations; or
(c)
if:
(i)
the pharmacy has attempted to deliver the drug to a patient or a patient’s agent via the United States Postal Service, a licensed common carrier, or supportive personnel;
(ii)
the drug is returned to the pharmacy by the same person or carrier that attempted to deliver the drug; and
(iii)
in accordance with United States Food and Drug Administration regulations and rules established by the division, a pharmacist at the pharmacy determines that the drug has not been adversely affected by the drug’s attempted delivery and return.
