58-17b-903.  Charitable Prescription Drug Recycling Program — Creation — Requirements.

(1)  There is created the Charitable Prescription Drug Recycling Program.

Terms Used In Utah Code 58-17b-903

(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
  • 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. See Utah Code 58-17b-902
  • 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. See Utah Code 58-17b-902
  • Eligible prescription drug: includes a medication-assisted treatment drug that may be accepted, transferred, and dispensed under the program in accordance with federal law. See Utah Code 58-17b-902
  • 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. See Utah Code 58-17b-902
  • 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
  • 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
  • (2)  The division, in consultation with the board, shall:

    (a)  implement the program, on a statewide basis, to permit:

    (i)  an individual or an eligible donor to transfer an eligible prescription drug to an eligible pharmacy for dispensing to a medically indigent individual; and

    (ii)  an individual to transfer an eligible prescription drug to a physician’s office:

    (A)  that is an eligible donor; and

    (B)  for transfer to an eligible pharmacy for dispensing to a medically indigent individual;

    (b)  in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary to implement the program; and

    (c)  provide technical assistance to entities that desire to participate in the program.

    Amended by Chapter 397, 2021 General Session