Utah Code 58-17b-617. Limitations on distribution of prescription drugs by pharmaceutical manufacturers or wholesalers
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(1) A pharmaceutical manufacturer or pharmaceutical wholesaler may not provide a prescription drug to any person, except as defined by rule.
Terms Used In Utah Code 58-17b-617
- Controlled substance: means the same as that term is defined in Section
58-37-2 . See Utah Code 58-17b-102 - Drug: means :(26)(a)(i) 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;(26)(a)(ii) 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;(26)(a)(iii) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and(26)(a)(iv) substances intended for use as a component of any substance specified in Subsections (26)(a)(i) through (iv). See Utah Code 58-17b-102
- Manufacturer: means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. See Utah Code 58-17b-102
- 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- Prescribe: means to issue a prescription:
(62)(a) orally or in writing; or(62)(b) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-17b-102- Prescription: means an order issued:
(63)(a) by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and(63)(b) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-17b-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)(2)(a) Prescription drugs that are not controlled substances may be:(2)(a)(i) distributed or provided as drug samples to a person licensed within the state to sell, prescribe, administer, or conduct research with legend drugs; and(2)(a)(ii) supplied in connection with a manufacturer’s patient assistance program to be distributed to qualifying patients enrolled in the program.(2)(b) Controlled substance prescription drugs may be sold or provided only:(2)(b)(i) upon the issuance of an order or request by a person appropriately licensed under state and federal law to sell, prescribe, administer, or conduct research with prescription drugs; and(2)(b)(ii) upon the establishment of documents in the possession of the manufacturer or distributor recording the purchaser, type of drug, quantity of drug, date of shipment, and date of delivery.(3) Purchasers or those in receipt of drugs under this section shall maintain records in accordance with federal and state laws regarding controlled substances.