Utah Code 58-17b-701. Mentally incompetent or incapacitated pharmacist — Division action and procedures

58-17b-701. Mentally incompetent or incapacitated pharmacist — Division action and procedures.

(1)

As used in this section:

Terms Used In Utah Code 58-17b-701

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
Continuance: Putting off of a hearing ot trial until a later time.
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.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Person: means :Utah Code 68-3-12.5
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

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

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

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Writing: includes :Utah Code 68-3-12.5

(a)

“Incapacitated person” is a person who is incapacitated, as defined in Section 75-1-201.

(b)	“Mental illness” is as defined in Section 26B-5-301.

(2)

If a court of competent jurisdiction determines a pharmacist is an incapacitated person, or that the pharmacist has a mental illness and is unable to safely engage in the practice of pharmacy, the director shall immediately suspend the license of the pharmacist upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court’s ruling is pending. The director shall promptly notify the pharmacist, in writing, of the suspension.

(3)

(a)

If the division and a majority of the board find reasonable cause to believe a pharmacist, who is not determined judicially to be an incapacitated person or to have a mental illness, is incapable of practicing pharmacy with reasonable skill regarding the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the board shall recommend that the director file a petition with the division, and cause the petition to be served upon the pharmacist with a notice of hearing on the sole issue of the capacity of the pharmacist to competently and safely engage in the practice of pharmacy.

(b)	The hearing shall be conducted under Section 58-1-109 and Title 63G, Chapter 4, Administrative Procedures Act, except as provided in Subsection (4).

(4)

(a)

Every pharmacist who accepts the privilege of being licensed under this chapter gives consent to:

(i)	submitting at the pharmacist’s own expense to an immediate mental or physical examination when directed in writing by the division, with the consent of a majority of the board, to do so; and

(ii)	the admissibility of the reports of the examining practitioner‘s testimony or examination in any proceeding regarding the license of the pharmacist, and waives all objections on the ground the reports constitute a privileged communication.

(b)

The examination may be ordered by the division, with the consent of a majority of the board, only upon a finding of reasonable cause to believe:

(i)	the pharmacist has a mental illness, is incapacitated or otherwise unable to practice pharmacy with reasonable skill and safety; and

(ii)	immediate action by the division and the board is necessary to prevent harm to the pharmacist’s patients or the general public.

(c)

(i)	Failure of a pharmacist to submit to the examination ordered under this section is a ground for the division’s immediate suspension of the pharmacist’s license by written order of the director.

(ii)

The division may enter the order of suspension without further compliance with Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit to the examination ordered under this section was due to circumstances beyond the control of the pharmacist and was not related directly to the illness or incapacity of the pharmacist.

(5)

(a)	A pharmacist whose license is suspended under Subsection (2) or (4) has the right to a hearing to appeal the suspension within 10 days after the license is suspended.

(b)	The hearing held under this Subsection (5) shall be conducted in accordance with Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the pharmacist’s patients or the general public.

(6)

A pharmacist whose license is revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the pharmacist, under procedures established by division rule, regarding any change in the pharmacist’s condition, to determine whether:

(a)	the pharmacist is or is not able to safely and competently engage in the practice of pharmacy; and

(b)	the pharmacist is qualified to have the pharmacist’s licensure to practice under this chapter restored completely or in part.

Amended by Chapter 329, 2023 General Session

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