Utah Code 58-17b-601. General operating standards

(1)

Terms Used In Utah Code 58-17b-601

Drug: means :

(i)

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

Pharmaceutical facility: means a business engaged in the dispensing, delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this state. 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

Practice of pharmacy: includes the following:

(a)	providing pharmaceutical care;

(b)	collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement;

(c)

compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:

(i)	pursuant to a lawful order of a practitioner when one is required by law; and

(ii)

in accordance with written guidelines or protocols:

(A)	established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or

(B)	approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;

(d)	participating in drug utilization review;

(e)	ensuring proper and safe storage of drugs and devices;

(f)	maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;

(g)	providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses;

(h)	providing drug product equivalents;

(i)	supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;

(j)	providing patient counseling, including adverse and therapeutic effects of drugs;

(k)	providing emergency refills as defined by rule;

(l)	telepharmacy;

(m)	formulary management intervention;

(n)	prescribing and dispensing a self-administered hormonal contraceptive in accordance with 5; and

(o)	issuing a prescription in accordance with Section 58-17b-627. See Utah Code 58-17b-102
(a)	The division shall make rules relating to the operations and conduct of facilities, individuals, and entities which are regulated under this chapter, to protect the public health, safety, and welfare.

(b)	The rules shall be consistent with the regulations of the Federal Food and Drug Administration and Drug Enforcement Administration, this chapter, and all other laws relating to activities and persons regulated under this chapter.

(2)

(a)	This chapter does not prevent, restrict, or in any other manner interfere with the sale of nonprescription drugs.

(b)	The division may not make any rules under this chapter that require nonprescription drugs to be sold by a licensed pharmacist or only in a pharmaceutical facility.

(c)	The sale or distribution of nonprescription drugs does not constitute the practice of pharmacy.

Enacted by Chapter 280, 2004 General Session

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