58-37f-602. Failure by pharmacist to submit information — Penalties.
| (1) |
The failure of a pharmacist-in-charge, a pharmacy, or a third party under contract with a pharmacist-in-charge to submit information to the database in accordance with the requirements of Section 58-37f-203, after the division has submitted a specific written request for the information or when the division determines the pharmacist-in-charge, pharmacy, or third party has a demonstrable pattern of failing to submit the information as required, is grounds for the division to take the following actions in accordance with Section 58-1-401:
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Terms Used In Utah Code 58-37f-602- Contract: A legal written agreement that becomes binding when signed.
- Database: means the controlled substance database created in Section 58-37f-201. See Utah Code 58-37f-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
| (a) |
refuse to issue a license to the pharmacist-in-charge or the pharmacy; |
| (b) |
refuse to renew the license of the pharmacist-in-charge or the pharmacy; |
| (c) |
revoke, suspend, restrict, or place on probation the license of the pharmacist-in-charge or the pharmacy; |
| (d) |
issue a public reprimand to the pharmacist-in-charge or the pharmacy; |
| (e) |
issue a cease and desist order to the pharmacist-in-charge, the pharmacy, or the third party; and |
| (f) |
impose a civil penalty on the pharmacist-in-charge, the pharmacy, or the third party of up to $1,000 for each dispensed prescription regarding which the required information is not submitted in accordance with the requirements of Section 58-37f-203. |
|
| (2) |
Civil penalties assessed under Subsection (1)(f) shall be deposited in the General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1). |
| (3) |
The procedure for determining a civil violation of this section shall be in accordance with Section 58-1-108, regarding adjudicative proceedings within the division. |
Amended by Chapter 123, 2018 General Session
