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
Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. 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
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)
prescribing the prescription drug or device is within the scope of the pharmacist’s training and experience;
(b)
the prescription drug or device is designated by the division by rule under Subsection (3)(a); and
(c)
the prescription drug or device is not a controlled substance that is included in Schedules I, II, III, or IV of:
designate the prescription drugs or devices that may be prescribed by a pharmacist under this section, beginning with prescription drugs or devices that address a public health concern that is designated by the Department of Health and Human Services, including:
(i)
post-exposure HIV prophylaxis;
(ii)
pre-exposure HIV prophylaxis;
(iii)
self-administered hormonal contraceptives;
(iv)
smoking cessation; and
(v)
naloxone;
(b)
create guidelines that a pharmacist must follow when prescribing a prescription drug or device, including guidelines:
(i)
for notifying the patient’s primary care or other health care provider about the prescription; and
(ii)
to prevent the over-prescription of drugs or devices including but not limited to antibiotics;
(c)
address when a pharmacist should refer the patient to an appropriate health care provider or otherwise encourage the patient to seek further medical care; and
(d)
implement the provisions of this section.
(4)
The division shall make rules under Subsection (3) in collaboration with:
(a)
individuals representing pharmacies and pharmacists;
(b)
individuals representing physicians and advanced practice clinicians; and
(c)
(i)
if the executive director of the Department of Health and Human Services is a physician, the executive director of the Department of Health and Human Services;
(ii)
if the executive director of the Department of Health and Human Services is not a physician, a deputy director who is a physician in accordance with Subsection 26B-1-203(4); or
(iii)
a designee of the individual described in Section 26B-1-203.
(5)
Before November 1 of each year, the division, in consultation with the individuals described in Subsection (4), shall:
(a)
develop recommendations for statutory changes to improve patient access to prescribed drugs in the state; and
(b)
report the recommendations developed under Subsection (5)(a) to the Health and Human Services Interim Committee.
