(1)  A person licensed pursuant to this act may not distribute a controlled substance unless it is packaged and labeled in compliance with the requirements of Section 305 of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970.

Terms Used In Utah Code 58-37-7

  • Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 32B-6-805
  • Controlled substance: means a drug or substance:
(A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
(B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 32B-6-805
  • Department: means the Department of Commerce. See Utah Code 32B-6-805
  • Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 32B-6-805
  • 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 32B-6-805
  • Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 32B-6-805
  • Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 32B-6-805
  • Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 32B-6-805
  • 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 32B-6-805
  • Prescription: means an order issued:
    (i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
    (ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 32B-6-805
  • 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 32B-6-805
  • (2)  No person except a pharmacist for the purpose of filling a prescription shall alter, deface, or remove any label affixed by the manufacturer.

    (3)  Whenever a pharmacist sells or dispenses any controlled substance on a prescription issued by a practitioner, the pharmacist shall affix to the container in which the substance is sold or dispensed:

    (a)  a label showing the:

    (i)  pharmacy name and address;

    (ii)  serial number; and

    (iii)  date of initial filling;

    (b)  the prescription number, the name of the patient, or if the patient is an animal, the name of the owner of the animal and the species of the animal;

    (c)  the name of the practitioner by whom the prescription was written;

    (d)  any directions stated on the prescription; and

    (e)  any directions required by rules and regulations promulgated by the department.

    (4)  Whenever a pharmacist sells or dispenses a Schedule II or Schedule III controlled substance that is an opiate, a pharmacist shall affix a warning to the container or the lid for the container in which the substance is sold or dispensed that contains the following text :

    (a)  “Caution: Opioid. Risk of overdose and addiction”; or

    (b)  any other language that is approved by the Department of Health.

    (5) 

    (a)  A pharmacist who sells or dispenses a Schedule II or Schedule III controlled substance that is an opiate shall, if available from the Department of Health, prominently display at the point of sale the informational pamphlet developed by the Department of Health under Section 26-55-109.

    (b)  The board and the Department of Health shall encourage pharmacists to use the informational pamphlet to engage in patient counseling regarding the risks associated with taking opiates.

    (c)  The requirement in Subsection (5)(a) does not apply to a pharmacist if the pharmacist is unable to obtain the informational pamphlet from the Department of Health for any reason.

    (6)  A person may not alter the face or remove any label so long as any of the original contents remain.

    (7) 

    (a)  An individual to whom or for whose use any controlled substance has been prescribed, sold, or dispensed by a practitioner and the owner of any animal for which any controlled substance has been prescribed, sold, or dispensed by a veterinarian may lawfully possess it only in the container in which it was delivered to the individual by the person selling or dispensing it.

    (b)  It is a defense to a prosecution under this subsection that the person being prosecuted produces in court a valid prescription for the controlled substance or the original container with the label attached.

    Amended by Chapter 145, 2018 General Session

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