| (1) |
As used in this section:
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Terms Used In Utah Code 58-37-23- Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2
- Drug: means :
| (A) | 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; |
| (B) | 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; |
| (C) | a substance other than food intended to affect the structure or any function of the body of humans or other animals; and |
| (D) | substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2- Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
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| (a) |
“Emergency medical order” means a medical order as defined in Section 58-17b-102 for up to a 72-hour supply of methadone. |
| (b) |
“General acute hospital” means the same as that term is defined in Section 26-21-2. |
| (c) |
“Qualified pharmacy” means a pharmacy that is located on the premises of a general acute hospital that is licensed as a:
| (i) |
class A pharmacy as defined in Section 58-17b-102; or |
| (ii) |
class B pharmacy as defined in Section 58-17b-102. |
|
| (d) |
“Qualified practitioner” means a practitioner who:
| (i) |
is registered with the United States Drug Enforcement Administration to issue an emergency medical order; and |
| (ii) |
is working at a general acute hospital. |
|
| (2) |
A qualified practitioner may issue an emergency medical order to a qualified pharmacy to dispense up to a 72-hour supply of methadone on behalf of the qualified practitioner:
| (a) |
to relieve acute withdrawal symptoms while the qualified practitioner makes arrangements to refer the patient for substance use disorder treatment; and |
| (b) |
in accordance with 21 C.F.R. § 1306.07 and applicable regulation or guidance issued by the United States Drug Enforcement Administration regarding an emergency medical order. |
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Enacted by Chapter 323, 2023 General Session
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