Utah Code 58-17b-610.5. Dispensing in emergency department — Patient’s immediate need

58-17b-610.5. Dispensing in emergency department — Patient’s immediate need.

(1)	As used in this section, “controlled substance” means a substance classified as a controlled substance by the federal Controlled Substances Act, Title II, Pub. L. No. 91-513 et seq., or by Chapter 37, Utah Controlled Substances Act.

Terms Used In Utah Code 58-17b-610.5

Controlled substance: means the same as that term is defined in Section 58-37-2. 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

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

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

Prescribe: means to issue a prescription:

(a)	orally or in writing; or

(b)

by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. 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

(2)

The division shall adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with hospital pharmacies and the boards of practitioners authorized to prescribe prescription drugs to establish guidelines under which a practitioner may dispense prescription drugs to a patient in a hospital emergency department if:

(a)	the hospital pharmacy is closed;

(b)	in the professional judgment of the practitioner, dispensing the drug is necessary for the patient’s immediate needs;

(c)	dispensing the prescription drug meets protocols established by the hospital pharmacy; and

(d)	the practitioner dispenses only a sufficient amount of the prescription drug as necessary to last until a pharmacy can fill the prescription.

(3)	A practitioner in an emergency department may dispense a prescription drug in accordance with Subsection (2).

(4)	Under Subsection (2), a practitioner may not dispense more than a two-day supply of a controlled substance.

Amended by Chapter 81, 2020 General Session

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