Terms Used In Utah Code 58-17b-102

• Administering: means :
       (1)(a) the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject by another person; or
       (1)(b) the placement by a veterinarian with the owner or caretaker of an animal or group of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other means directed to the body of the animal by the owner or caretaker in accordance with written or verbal directions of the veterinarian. See Utah Code 58-17b-102
• board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
• Closed-door pharmacy: means a pharmacy that:
            (15)(a)(i) provides pharmaceutical care to a defined and exclusive group of patients who have access to the services of the pharmacy because they are treated by or have an affiliation with a specific entity, including a health maintenance organization or an infusion company; or
            (15)(a)(ii) engages exclusively in the practice of telepharmacy and does not serve walk-in retail customers. See Utah Code 58-17b-102
• Collaborative pharmacy practice: means a practice of pharmacy whereby one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical care functions authorized by the practitioner or practitioners under certain specified conditions or limitations. See Utah Code 58-17b-102
• Collaborative pharmacy practice agreement: means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for collaborative pharmacy practice for the purpose of drug therapy management of patients and prevention of disease of human subjects. See Utah Code 58-17b-102
• Compounding: means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device:
            (18)(a)(i) as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice;
            (18)(a)(ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or
            (18)(a)(iii) in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. See Utah Code 58-17b-102
• Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 58-17b-102
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Dependent: A person dependent for support upon another.
• 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
• Dispensing medical practitioner: means an individual who is:
       (23)(a) currently licensed as:

            (23)(a)(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;

            (23)(a)(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;

            (23)(a)(iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;

            (23)(a)(iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or

            (23)(a)(v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and
       (23)(b) licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. See Utah Code 58-17b-102
• Dispensing medical practitioner clinic pharmacy: means a closed-door pharmacy located within a licensed dispensing medical practitioner's place of practice. 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
• Hospital pharmacy: means a pharmacy providing pharmaceutical care to inpatients of a general acute hospital or specialty hospital licensed by the Department of Health and Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 58-17b-102
• 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.
• Licensed pharmacy technician: means an individual licensed with the division, that may, under the supervision of a pharmacist, perform the activities involved in the technician practice of pharmacy. 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
• Manufacturing: includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons. See Utah Code 58-17b-102
• Nonprescription drug: includes homeopathic remedies. See Utah Code 58-17b-102
• Nonresident pharmacy: means a pharmacy located outside of Utah that sells to a person in Utah. See Utah Code 58-17b-102
• Patient counseling: means the written and oral communication by the pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of drugs, devices, and dietary supplements. 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
• Pharmaceutical care: means carrying out the following in collaboration with a prescribing practitioner, and in accordance with division rule:
            (45)(a)(i) designing, implementing, and monitoring a therapeutic drug plan intended to achieve favorable outcomes related to a specific patient for the purpose of curing or preventing the patient's disease;
            (45)(a)(ii) eliminating or reducing a patient's symptoms; or
            (45)(a)(iii) arresting or slowing a disease process. See Utah Code 58-17b-102
• Pharmaceutical facility: means a business engaged in the dispensing, delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this state. See Utah Code 58-17b-102
• Pharmaceutical wholesaler or distributor: means a pharmaceutical facility engaged in the business of wholesale vending or selling of a prescription drug or device to other than a consumer or user of the prescription drug or device that the pharmaceutical facility has not produced, manufactured, compounded, or dispensed. See Utah Code 58-17b-102
• Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102
• Pharmacist preceptor: means a licensed pharmacist in good standing with one or more years of licensed experience. See Utah Code 58-17b-102
• Pharmacist-in-charge: means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. 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
• Pharmacy benefits manager or coordinator: means a person or entity that provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf of a self-insured employer, insurance company, health maintenance organization, or other plan sponsor, as defined by rule. See Utah Code 58-17b-102
• Pharmacy intern: means an individual licensed by this state to engage in practice as a pharmacy intern. See Utah Code 58-17b-102
• Pharmacy manager: means :
       (54)(a) a pharmacist-in-charge;
       (54)(b) a licensed pharmacist designated by a licensed pharmacy to consult on the pharmacy's administration;
       (54)(c) an individual who manages the facility in which a licensed pharmacy is located;
       (54)(d) an individual who oversees the operations of a licensed pharmacy;
       (54)(e) an immediate supervisor of an individual described in Subsections (54)(a) through (d); or
       (54)(f) another operations or site manager of a licensed pharmacy. See Utah Code 58-17b-102
• Pharmacy technician training program: means an approved technician training program providing education for pharmacy technicians. See Utah Code 58-17b-102
• Practice as a dispensing medical practitioner: means the practice of pharmacy, specifically relating to the dispensing of a prescription drug in accordance with Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, and division rule adopted after consultation with the Board of pharmacy and the governing boards of the practitioners described in Subsection (23)(a). See Utah Code 58-17b-102
• Practice as a licensed pharmacy technician: means engaging in practice as a pharmacy technician under the general supervision of a licensed pharmacist and in accordance with a scope of practice defined by division rule made in collaboration with the board. 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
• Practice of telepharmacy: means the practice of pharmacy through the use of telecommunications and information technologies. See Utah Code 58-17b-102
• Practice of telepharmacy across state lines: means the practice of pharmacy through the use of telecommunications and information technologies that occurs when the patient is physically located within one jurisdiction and the pharmacist is located in another jurisdiction. 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
• 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
• Prescription device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, and any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by or through a person or entity licensed under this chapter or exempt from licensure under this chapter. 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• profile: means a record system maintained as to drugs or devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze the profile to provide pharmaceutical care. See Utah Code 58-17b-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Research using pharmaceuticals: means research:
       (67)(a) conducted in a research facility, as defined by division rule, that is associated with a university or college in the state accredited by the Northwest Commission on Colleges and Universities;
       (67)(b) requiring the use of a controlled substance, prescription drug, or prescription device;
       (67)(c) that uses the controlled substance, prescription drug, or prescription device in accordance with standard research protocols and techniques, including, if required, those approved by an institutional review committee; and
       (67)(d) that includes any documentation required for the conduct of the research and the handling of the controlled substance, prescription drug, or prescription device. See Utah Code 58-17b-102
• Retail pharmacy: means a pharmaceutical facility dispensing prescription drugs and devices to the general public. See Utah Code 58-17b-102
• Self-administered hormonal contraceptive: includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. See Utah Code 58-17b-102
• Self-audit: means an internal evaluation of a pharmacy to determine compliance with this chapter. See Utah Code 58-17b-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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
• Supervising pharmacist: means a pharmacist who is overseeing the operation of the pharmacy during a given day or shift. See Utah Code 58-17b-102
• Supportive personnel: means unlicensed individuals who:
       (72)(a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed pharmacy technician in nonjudgmental duties not included in the definition of the practice of pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as those duties may be further defined by division rule adopted in collaboration with the board; and
       (72)(b) are supervised by a pharmacist in accordance with rules adopted by the division in collaboration with the board. See Utah Code 58-17b-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-501. See Utah Code 58-17b-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-502 and may be further defined by rule. See Utah Code 58-17b-102
• Veterinary pharmaceutical facility: means a pharmaceutical facility that dispenses drugs intended for use by animals or for sale to veterinarians for the administration for animals. See Utah Code 58-17b-102
• 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
• Written communication: means a physical document, or an electronic communication, by or from which the recipient may read or access the information intended to be communicated, including:
       (76)(a) email;
       (76)(b) text message; and
       (76)(c) quick response (QR) code. See Utah Code 58-17b-102