58-17b-602. Prescription orders — Information required — Alteration — Labels — Signatures — Dispensing in pharmacies.
(1)
Except as provided in Section 58-1-501.3, the minimum information that shall be included in a prescription order, and that may be defined by rule, is:
Terms Used In Utah Code 58-17b-602
Beyond use date: means the date determined by a pharmacist and placed on a prescription label at the time of dispensing that indicates to the patient or caregiver a time beyond which the contents of the prescription are not recommended to be used. See Utah Code 58-17b-102
Compounding: means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device:
(i)
as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice;
(ii)
for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or
(iii)
in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. See Utah Code 58-17b-102
Dispense: means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. See Utah Code 58-17b-102
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
Electronic signature: means a trusted, verifiable, and secure electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 58-17b-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Hospital pharmacy: means a pharmacy providing pharmaceutical care to inpatients of a general acute hospital or specialty hospital licensed by the Department of Health and Human Services under 2. See Utah Code 58-17b-102
Pharmaceutical administration facility: means a facility, agency, or institution in which:
(a)
prescription drugs or devices are held, stored, or are otherwise under the control of the facility or agency for administration to patients of that facility or agency;
(b)
prescription drugs are dispensed to the facility or agency by a licensed pharmacist or pharmacy intern with whom the facility has established a prescription drug supervising relationship under which the pharmacist or pharmacy intern provides counseling to the facility or agency staff as required, and oversees drug control, accounting, and destruction; and
(c)
prescription drugs are professionally administered in accordance with the order of a practitioner by an employee or agent of the facility or agency. 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
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
Prescription: means an order issued:
(a)
by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
(b)
for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-17b-102
Prescription drug: means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. See Utah Code 58-17b-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. 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
the prescriber’s name, address, and telephone number, and, if the order is for a controlled substance, the patient’s age and the prescriber’s DEA number;
(b)
the patient’s name and address or, in the case of an animal, the name of the owner and species of the animal;
(c)
the date of issuance;
(d)
the name of the medication or device prescribed and dispensing instructions, if necessary;
(e)
the directions, if appropriate, for the use of the prescription by the patient or animal and any refill, special labeling, or other instructions;
(f)
the prescriber’s signature if the prescription order is written;
(g)
if the order is an electronically transmitted prescription order, the prescribing practitioner‘s electronic signature; and
(h)
if the order is a hard copy prescription order generated from electronic media, the prescribing practitioner’s electronic or manual signature.
(2)
The requirement of Subsection (1)(a) does not apply to prescription orders dispensed for inpatients by hospital pharmacies if the prescriber is a current member of the hospital staff and the prescription order is on file in the patient’s medical record.
(3)
Unless it is for a Schedule II controlled substance, a prescription order may be dispensed by a pharmacist or pharmacy intern upon an oral prescription of a practitioner only if the oral prescription is promptly reduced to writing.
(4)
(a)
Except as provided under Subsection (4)(b), a pharmacist or pharmacy intern may not dispense or compound any prescription of a practitioner if the prescription shows evidence of alteration, erasure, or addition by any person other than the person writing the prescription.
(b)
A pharmacist or pharmacy intern dispensing or compounding a prescription may alter or make additions to the prescription after receiving permission of the prescriber and may make entries or additions on the prescription required by law or necessitated in the compounding and dispensing procedures.
(5)
(a)
Each drug dispensed shall have a label securely affixed to the container indicating the following minimum information:
(i)
the name, address, and telephone number of the pharmacy;
(ii)
the serial number of the prescription as assigned by the dispensing pharmacy;
(iii)
the filling date of the prescription or its last dispensing date;
(iv)
the name of the patient, or in the case of an animal, the name of the owner and species of the animal;
(v)
the name of the prescriber;
(vi)
the directions for use and cautionary statements, if any, which are contained in the prescription order or are needed;
(vii)
except as provided in Subsection (7), the trade, generic, or chemical name, amount dispensed and the strength of dosage form, but if multiple ingredient products with established proprietary or nonproprietary names are prescribed, those products’ names may be used; and
(viii)
the beyond use date.
(b)
The requirements described in Subsections (5)(a)(i) through (vi) do not apply to a label on the container of a drug that a health care provider administers to a patient at:
(i)
a pharmaceutical administration facility; or
(ii)
a hospital licensed under 2.
(6)
A hospital pharmacy that dispenses a prescription drug that is packaged in a multidose container to a hospital patient may provide the drug in the multidose container to the patient when the patient is discharged from the hospital if:
(a)
the pharmacy receives a discharge order for the patient; and
(b)
the pharmacy labels the drug with the:
(i)
patient’s name;
(ii)
drug’s name and strength;
(iii)
directions for use of the drug, if applicable; and
(iv)
pharmacy’s name and phone number.
(7)
If the prescriber specifically indicates the name of the prescription product should not appear on the label, then any of the trade, generic, chemical, established proprietary, and established nonproprietary names and the strength of dosage form may not be included.
(8)
Prescribers are encouraged to include on prescription labels the information described in Section 58-17b-602.5 in accordance with the provisions of that section.
(9)
A pharmacy may only deliver a prescription drug to a patient or a patient’s agent:
(a)
in person at the pharmacy; or
(b)
via the United States Postal Service, a licensed common carrier, or supportive personnel, if the pharmacy takes reasonable precautions to ensure the prescription drug is:
