Utah Code 58-17b-620. Prescriptions issued within the public health system

58-17b-620. Prescriptions issued within the public health system.

(1)

As used in this section:

Terms Used In Utah Code 58-17b-620

board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
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

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

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

(a)

“Department of Health and Human Services” means the Department of Health and Human Services created in Section 26B-1-201.

(b)	“Health department” means either the Department of Health and Human Services or a local health department.

(c)	“Local health departments” mean the local health departments created in Title 26A, Chapter 1, Local Health Departments.

(2)

When it is necessary to treat a reportable disease or non-emergency condition that has a direct impact on public health, a health department may implement the prescription procedure described in Subsection (3) for a prescription drug that is not a controlled substance for use in:

(a)	a clinic; or

(b)

a remote or temporary off-site location, including a triage facility established in the community, that provides:

(i)	treatment for sexually transmitted infections;

(ii)	fluoride treatment;

(iii)

travel immunization;

(iv)	preventative treatment for an individual with latent tuberculosis infection;

(v)	preventative treatment for an individual at risk for an infectious disease that has a direct impact on public health when the treatment is indicated to prevent the spread of disease or to mitigate the seriousness of infection in the exposed individual; or

(vi)	other treatment as defined by the Department of Health and Human Services by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(3)

In a circumstance described in Subsection (2), an individual with prescriptive authority may write a prescription for each contact, as defined in Section 26B-7-201, of a patient of the individual with prescriptive authority without a face-to-face exam, if:

(a)	the individual with prescriptive authority is treating the patient for a reportable disease or non-emergency condition having a direct impact on public health; and

(b)	the contact’s condition is the same as the patient of the individual with prescriptive authority.

(4)

The following prescription procedure shall be carried out in accordance with the requirements of Subsection (5) and may be used only in the circumstances described under Subsections (2) and (3):

(a)	a physician writes and signs a prescription for a prescription drug, other than a controlled substance, without the name and address of the patient and without the date the prescription is provided to the patient; and

(b)

the physician authorizes a registered nurse employed by the health department to complete the prescription written under this Subsection (4) by inserting the patient’s name and address, and the date the prescription is provided to the patient, in accordance with the physician’s standing written orders and a written health department protocol approved by the physician and the medical director of the state Department of Health and Human Services.

(5)	A physician assumes responsibility for all prescriptions issued under this section in the physician’s name.

(6)

(a)	All prescription forms to be used by a physician and health department in accordance with this section shall be serially numbered according to a numbering system assigned to that health department.

(b)	All prescriptions issued shall contain all information required under this chapter and rules adopted under this chapter.

(7)

Notwithstanding Sections 58-17b-302 and 58-17b-309, a nurse who is employed by a health department and licensed under Chapter 31b, Nurse Practice Act, may dispense a drug to treat a sexually transmitted infection if the drug is:

(a)	a prepackaged drug as defined in Section 58-17b-802;

(b)	dispensed under a prescription authorized by this section;

(c)	provided at a location that is described in Subsection (2)(a) or (b) and operated by the health department;

(d)	provided in accordance with a dispensing standard that is issued by a physician who is employed by the health department; and

(e)	if applicable, in accordance with requirements established by the division in collaboration with the board under Subsection (8).

(8)	The division may make rules in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish specific requirements regarding the dispensing of a drug under Subsection (7).

Amended by Chapter 328, 2023 General Session

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