Charitable clinic: means a charitable nonprofit corporation that:
(a)
holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code;
(b)
is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
(c)
provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation:
(i)
advice;
(ii)
counseling;
(iii)
diagnosis;
(iv)
treatment;
(v)
surgery; or
(vi)
care or services relating to the preservation or maintenance of health; and
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
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
Eligible pharmacy: means a pharmacy that:
(a)
is registered by the division as eligible to participate in the program; and
(b)
(i)
is licensed in the state as a Class A retail pharmacy; or
(ii)
is operated by:
(A)
a county;
(B)
a county health department;
(C)
a pharmacy under contract with a county health department;
(D)
the Department of Health and Human Services created in Section 26B-1-201; or
Licensed intermediate care facility for people with an intellectual disability: means the same as that term is defined in Section 58-17b-503. See Utah Code 58-17b-902
Manufacturer: means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. See Utah Code 58-17b-102
Medication-assisted treatment drug: means buprenorphine prescribed to treat substance use withdrawal symptoms or an opiate use disorder. See Utah Code 58-17b-902
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
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
Program: means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903. See Utah Code 58-17b-902
Retail pharmacy: means a pharmaceutical facility dispensing prescription drugs and devices to the general public. 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
(2)
“Cancer drug” means a drug that controls or kills neoplastic cells and includes a drug used in chemotherapy to destroy cancer cells.
(3)
“Charitable clinic” means a charitable nonprofit corporation that:
(a)
holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code;
(b)
is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
(c)
provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation:
(i)
advice;
(ii)
counseling;
(iii)
diagnosis;
(iv)
treatment;
(v)
surgery; or
(vi)
care or services relating to the preservation or maintenance of health; and
(d)
has a licensed outpatient pharmacy.
(4)
“Charitable pharmacy” means an eligible pharmacy that is operated by a charitable clinic.
(5)
“County health department” means the same as that term is defined in Section 26A-1-102.
(6)
“Donated prescription drug” means a prescription drug that an eligible donor or individual donates to an eligible pharmacy under the program.
(7)
“Eligible donor” means a donor that donates a prescription drug from within the state and is:
(a)
a nursing care facility;
(b)
an assisted living facility;
(c)
a licensed intermediate care facility for people with an intellectual disability;
(d)
a manufacturer;
(e)
a pharmaceutical wholesale distributor;
(f)
an eligible pharmacy; or
(g)
a physician’s office.
(8)
“Eligible pharmacy” means a pharmacy that:
(a)
is registered by the division as eligible to participate in the program; and
(b)
(i)
is licensed in the state as a Class A retail pharmacy; or
(ii)
is operated by:
(A)
a county;
(B)
a county health department;
(C)
a pharmacy under contract with a county health department;
(D)
the Department of Health and Human Services created in Section 26B-1-201; or
(E)
a charitable clinic.
(9)
(a)
“Eligible prescription drug” means a prescription drug, described in Section 58-17b-904, that is not:
(i)
except as provided in Subsection (9)(b), a controlled substance; or
(ii)
a drug that can only be dispensed to a patient registered with the drug’s manufacturer in accordance with federal Food and Drug Administration requirements.
(b)
“Eligible prescription drug” includes a medication-assisted treatment drug that may be accepted, transferred, and dispensed under the program in accordance with federal law.
(10)
“Licensed intermediate care facility for people with an intellectual disability” means the same as that term is defined in Section 58-17b-503.
(11)
“Medically indigent individual” means an individual who:
(a)
(i)
does not have health insurance; and
(ii)
lacks reasonable means to purchase prescribed medications; or
(b)
(i)
has health insurance; and
(ii)
lacks reasonable means to pay the insured’s portion of the cost of the prescribed medications.
(12)
“Medication-assisted treatment drug” means buprenorphine prescribed to treat substance use withdrawal symptoms or an opiate use disorder.
(13)
“Nursing care facility” means the same as that term is defined in Section 26B-2-201.
(14)
“Physician’s office” means a fixed medical facility that:
(a)
is staffed by a physician, physician’s assistant, nurse practitioner, or registered nurse, licensed under this title; and
(b)
treats an individual who presents at, or is transported to, the facility.
(15)
“Program” means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903.
(16)
“Unit pack” means the same as that term is defined in Section 58-17b-503.
(17)
“Unlawful conduct” means the same as that term is defined in Sections 58-1-501 and 58-17b-501.
(18)
“Unprofessional conduct” means the same as that term is defined in Sections 58-1-501 and 58-17b-502.
