(1) As used in this section:

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Terms Used In Utah Code 58-17b-309.7

  • Department: means the Department of Commerce. 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
  • Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. 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
     (1)(a) “Covered provider” means an individual who is licensed to engage in:

          (1)(a)(i) the practice of advanced practice registered nursing as defined in Section 58-31b-102;
          (1)(a)(ii) the practice of registered nursing as defined in Section 58-31b-102; or
          (1)(a)(iii) practice as a physician assistant as defined in Section 58-70a-102.
     (1)(b) “Opioid treatment program” means a program or practitioner that is:

          (1)(b)(i) engaged in dispensing an opiate medication assisted treatment for opioid use disorder;
          (1)(b)(ii) registered under 21 U.S.C. § 823(g)(1);
          (1)(b)(iii) licensed by the Division of Licensing and Background Checks within the Department of Health and Human Services created in Section 26B-2-103; and
          (1)(b)(iv) certified by the federal Substance Abuse and Mental Health Services Administration in accordance with 42 C.F.R. § 8.11.
(2) A covered provider may dispense opiate medication assisted treatment at an opioid treatment program if the covered provider:

     (2)(a) is operating under the direction of a pharmacist;
     (2)(b) dispenses the opiate medication assisted treatment under the direction of a pharmacist; and
     (2)(c) acts in accordance with division rule made under Subsection (3).
(3) The division shall, in consultation with practitioners who work in an opioid treatment program, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines under which a covered provider may dispense opiate medication assisted treatment to a patient in an opioid treatment program under this section.