| (B) | included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2Department: means the Department of Commerce. See Utah Code 58-37-2Dispense: 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 58-37-2Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2Drug: 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 58-37-2Manufacturer: 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 58-37-2Opiate: 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 58-37-2Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2Practitioner: 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 58-37-2Prescription: 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 58-37-2United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5use: 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 |
| (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 pharmacy sells or dispenses any controlled substance on a prescription issued by a practitioner, the pharmacy shall affix to the container in which the substance is sold or dispensed:
| (a) |
a label showing the:
| (i) |
pharmacy name and address; |
| (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 pharmacy sells or dispenses a Schedule II or Schedule III controlled substance that is an opiate, the pharmacy shall:
| (a) |
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:
| (i) |
“Caution: Opioid. Risk of overdose and addiction”; or |
| (ii) |
any other language that is approved by the Department of Health and Human Services; |
|
| (b) |
beginning January 1, 2024:
| (i) |
offer to counsel the patient or the patient’s representative on the use and availability of an opioid antagonist as defined in Section 26-55-102; and |
| (ii) |
offer to dispense an opioid antagonist as defined in Section 26-55-102 to the patient or the patient’s representative, under a prescription from a practitioner or under Section 26-55-105, if the patient:
| (A) |
receives a single prescription for 50 morphine milligram equivalents or more per day, calculated in accordance with guidelines developed by the United States Centers for Disease Control and Prevention; |
| (B) |
is being dispensed an opioid and the pharmacy dispensed a benzodiazepine to the patient in the previous 30 day period; or |
| (C) |
is being dispensed a benzodiazepine and the pharmacy dispensed an opioid to the patient in the previous 30 day period. |
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| (5) |
| (a) |
A pharmacy who sells or dispenses a Schedule II or Schedule III controlled substance that is an opiate shall, if available from the Department of Health and Human Services, prominently display at the point of sale the informational pamphlet developed by the Department of Health and Human Services under Section 26B-4-514. |
| (b) |
The board and the Department of Health and Human Services shall encourage pharmacies 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 pharmacy if the pharmacy is unable to obtain the informational pamphlet from the Department of Health and Human Services 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. |
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Amended by Chapter 285, 2023 General Session
Amended by Chapter 329, 2023 General Session
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