37-7-410. Positive identification required. (1) (a) Except as provided in subsection (2), a pharmacy may not dispense a controlled substance to a potential recipient without first positively identifying the recipient by means of a valid driver’s license, a school district or postsecondary education photo identification, a tribal photo identification, or other identification allowed by the board by rule.

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(b)Documentation of the recipient’s identification must be permanently linked to the record of the dispensed controlled substance and must include:

(i)a copy of the identification presented; or

(ii)a record that includes:

(A)the recipient’s name;

(B)the type of identification presented and the unique identification number; and

(C)the government entity that issued the identification.

(2)Positive identification is not required if:

(a)the controlled substance is dispensed directly to the patient and:

(i)the filled prescription is delivered to the patient or the patient’s health care provider; or

(ii)the patient is being treated at a health care facility or is housed in a correctional facility; or

(b)the potential recipient of the controlled substance is personally and positively known by a pharmacist or an employee of the pharmacy who is present and identifies the recipient and the personal identification is documented by recording:

(i)the recipient’s name;

(ii)a notation indicating that the recipient was known to a pharmacist or an employee of the pharmacy; and

(iii)the identity of the individual making the personal identification.