(1) As used in this section:

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Terms Used In Utah Code 58-17b-1005 v2

  • board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
  • Department: means the Department of Commerce. See Utah Code 58-1-102
  • Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
  • Dispense: means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. See Utah Code 58-17b-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • 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
  • Epinephrine auto-injector: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-1002
  • Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 58-17b-1002
  • 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
  • Prescription drug: means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. See Utah Code 58-17b-102
  • Qualified adult: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
  • Qualified epinephrine auto-injector entity: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
  • Qualified stock albuterol entity: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
  • Stock albuterol: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
     (1)(a) “Epinephrine protocol” means a protocol that:

          (1)(a)(i) requires a physician to specify the persons, by professional license number, authorized to dispense the epinephrine auto-injector;
          (1)(a)(ii) requires a physician to review at least annually the dispensing practices of the persons authorized by the physician to dispense the epinephrine auto-injector;
          (1)(a)(iii) requires those authorized by a physician to dispense the epinephrine auto-injector to make and retain a record of each dispensing, including:

               (1)(a)(iii)(A) the name of the qualified adult or qualified epinephrine auto-injector entity to whom the epinephrine auto-injector is dispensed;
               (1)(a)(iii)(B) a description of the epinephrine auto-injector dispensed; and
               (1)(a)(iii)(C) other relevant information; and
          (1)(a)(iv) is approved by the division through rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in collaboration with the Physicians Licensing Board created in Section 58-67-201 and the board.
     (1)(b) “Stock albuterol protocol” means a protocol that:

          (1)(b)(i) requires a physician to specify the persons, by professional license number, authorized to dispense the stock albuterol;
          (1)(b)(ii) requires a physician to review at least annually the dispensing practices of the persons authorized by the physician to dispense the stock albuterol;
          (1)(b)(iii) requires those authorized by the physician to dispense the stock albuterol to make and retain a record of each dispensing, including:

               (1)(b)(iii)(A) the name of the qualified adult or qualified stock albuterol entity to whom the stock albuterol is dispensed;
               (1)(b)(iii)(B) a description of the stock albuterol dispensed; and
               (1)(b)(iii)(C) other relevant information; and
          (1)(b)(iv) is approved by the division through rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in collaboration with the Physicians Licensing Board created in Section 58-67-201 and the board.
(2) Under Section 58-17b-1004, the Department of Health and Human Services shall have a physician acting in the physician’s capacity as an employee of the Department of Health and Human Services issue a standing prescription drug order authorizing the dispensing of:

     (2)(a) an epinephrine auto-injector in accordance with an epinephrine protocol; and
     (2)(b) stock albuterol in accordance with a stock albuterol protocol.
(3) Under Section 58-17b-1004, a medical director of a local health department may issue a standing prescription drug order authorizing the dispensing of:

     (3)(a) an epinephrine auto-injector in accordance with an epinephrine protocol; or
     (3)(b) stock albuterol in accordance with a stock albuterol protocol.