§ 58-17b-701 Mentally incompetent or incapacitated pharmacist — Division action and procedures

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Terms Used In Utah Code > Title 58 > Chapter 17b > Part 7 - Incapacity

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102
  • Pharmacy: means any place where:
         (51)(a) drugs are dispensed;
         (51)(b) pharmaceutical care is provided;
         (51)(c) drugs are processed or handled for eventual use by a patient; or
         (51)(d) drugs are used for the purpose of analysis or research. See Utah Code 58-17b-102
  • Practice of pharmacy: includes the following:
         (58)(a) providing pharmaceutical care;
         (58)(b) collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement;
         (58)(c) compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:
              (58)(c)(i) pursuant to a lawful order of a practitioner when one is required by law; and
              (58)(c)(ii) in accordance with written guidelines or protocols:
                   (58)(c)(ii)(A) established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or
                   (58)(c)(ii)(B) approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;
         (58)(d) participating in drug utilization review;
         (58)(e) ensuring proper and safe storage of drugs and devices;
         (58)(f) maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;
         (58)(g) providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses;
         (58)(h) providing drug product equivalents;
         (58)(i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;
         (58)(j) providing patient counseling, including adverse and therapeutic effects of drugs;
         (58)(k) providing emergency refills as defined by rule;
         (58)(l) telepharmacy;
         (58)(m) formulary management intervention;
         (58)(n) prescribing and dispensing a self-administered hormonal contraceptive in accordance with Title 26B, Chapter 4, Part 5, Treatment Access; and
         (58)(o) issuing a prescription in accordance with Section 58-17b-627. See Utah Code 58-17b-102
  • Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Utah Code 58-17b-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5