Utah Code 58-17b-501. Unlawful conduct
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“Unlawful conduct” includes:
(1) knowingly preventing or refusing to permit an authorized agent of the division to conduct an inspection pursuant to Section 58-17b-103;
Terms Used In Utah Code 58-17b-501
- board: means the Utah State Board of Pharmacy created in Section
58-17b-201 . 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 - 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
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- 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- Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. 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 intern: means an individual licensed by this state to engage in practice as a pharmacy intern. 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
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. 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
- 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(2) failing to deliver the license, permit, or certificate to the division upon demand, if it has been revoked, suspended, or refused;(3)(3)(a) using the title “pharmacist,” “druggist,” “pharmacy intern,” “pharmacy technician,” or a term having similar meaning, except by a person licensed as a pharmacist, pharmacy intern, or pharmacy technician; or(3)(b) conducting or transacting business under a name that contains, as part of that name, the words “drugstore,” “pharmacy,” “drugs,” “medicine store,” “medicines,” “drug shop,” “apothecary,” “prescriptions,” or a term having a similar meaning, or in any manner advertising, otherwise describing, or referring to the place of the conducted business or profession, unless the place is a pharmacy issued a license by the division, except an establishment selling nonprescription drugs and supplies may display signs bearing the words “packaged drugs,” “drug sundries,” or “nonprescription drugs,” and is not considered to be a pharmacy or drugstore by reason of the display;(4) buying, selling, causing to be sold, or offering for sale, a drug or device that bears, or the package bears or originally did bear, the inscription “sample,” “not for resale,” “for investigational or experimental use only,” or other similar words, except when a cost is incurred in the bona fide acquisition of an investigational or experimental drug;(5) using to a person’s own advantages or revealing to anyone other than the division, board, and its authorized representatives, or to the courts, when relevant to a judicial or administrative proceeding under this chapter, information acquired under authority of this chapter or concerning a method of process that is a trade secret;(6) procuring or attempting to procure a drug or to have someone else procure or attempt to procure a drug:(6)(a) by fraud, deceit, misrepresentation, or subterfuge;(6)(b) by forgery or alteration of a prescription or a written order;(6)(c) by concealment of a material fact;(6)(d) by use of a false statement in a prescription, chart, order, or report; or(6)(e) by theft;(7) filling, refilling, or advertising the filling or refilling of prescriptions for a consumer or patient residing in this state if the person is not licensed:(7)(a) under this chapter; or(7)(b) in the state from which he is dispensing;(8) requiring an employed pharmacist, pharmacy intern, pharmacy technician, or authorized supportive personnel to engage in conduct in violation of this chapter;(9) being in possession of a prescription drug for an unlawful purpose;(10) dispensing a prescription drug to a person who does not have a prescription from a practitioner, except as permitted under Title 26B, Chapter 4, Part 5, Treatment Access;(11) dispensing a prescription drug to a person who the person dispensing the drug knows or should know is attempting to obtain drugs by fraud or misrepresentation;(12) selling, dispensing, distributing, or otherwise trafficking in prescription drugs when not licensed to do so or when not exempted from licensure; and(13) a person using a prescription drug or controlled substance that was not lawfully prescribed for the person by a practitioner.