58-88-202. Dispensing practice — Drugs that may be dispensed — Limitations and exceptions.
(1)
Notwithstanding Section 58-17b-302, a dispensing practitioner may dispense a drug at a licensed dispensing practice if the drug is:
Terms Used In Utah Code 58-88-202
Dispense: means the delivery by a prescriber of a prescription drug or device to a patient, including the packaging, labeling, and security necessary to prepare and safeguard the drug or device for supplying to a patient. See Utah Code 58-88-201
at a licensed dispensing practice at which the dispensing practitioner regularly practices; and
(ii)
under a prescription issued by the dispensing practitioner to the dispensing practitioner’s patient;
(c)
for a condition that is not expected to last longer than 30 days; and
(d)
for a condition for which the patient has been evaluated by the dispensing practitioner on the same day on which the dispensing practitioner dispenses the drug.
(2)
A dispensing practitioner may not dispense:
(a)
a controlled substance as defined in Section 58-37-2;
(b)
a drug or class of drugs that is designated by the division under Subsection 58-88-205(2);
(c)
gabapentin; or
(d)
a supply of a drug under this part that exceeds a 30-day supply.
(3)
A dispensing practitioner may not make a claim against workers’ compensation or automobile insurance for a drug dispensed under this part for outpatient use unless the dispensing practitioner is contracted with a pharmacy network established by the claim payor.
(4)
When a dispensing practitioner dispenses a drug to the patient under this part, a dispensing practitioner shall:
(a)
disclose to the patient verbally and in writing that the patient is not required to fill the prescription through the licensed dispensing practice and that the patient has a right to fill the prescription through a pharmacy; and
(b)
if the patient will be responsible to pay cash for the drug, disclose:
(i)
that the patient will be responsible to pay cash for the drug; and
(ii)
the amount that the patient will be charged by the licensed dispensing practice for the drug.
(5)
This part does not:
(a)
require a dispensing practitioner to dispense a drug under this part;
(b)
limit a health care prescriber from dispensing under 8; or
(c)
apply to a physician who dispenses:
(i)
a drug sample, as defined in Section 58-17b-102, to a patient in accordance with Section 58-1-501.3 or Section 58-17b-610;
(ii)
a prescription drug or device to a patient for a patient’s immediate need in an emergency department in accordance with Section 58-17b-610.5; or
