Utah Code 58-17b-610. Patients’ immediate needs — Dispensing drug samples
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(1) This chapter may not be construed to prevent the personal administration of drugs or medicines by practitioners licensed to prescribe in order to supply the immediate needs of the practitioner‘s patients.
Terms Used In Utah Code 58-17b-610
- 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
- 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
- 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(2) Immediate need for a patient includes giving out drug samples that:(2)(a) are not Schedule II drugs, opioids, or benzodiazepines;(2)(b) are prepackaged by the original manufacturer;(2)(c) are provided to the prescribing practitioner free of charge and provided to the patient free of any direct or indirect charge;(2)(d) do not exceed a 30-day supply for:(2)(d)(i) controlled substances; or(2)(d)(ii) non-controlled substances, unless a prescribing practitioner documents that providing more than a 30-day supply is medically necessary; and(2)(e)(2)(e)(i) are marked on the immediate container to indicate that the drug is a sample; or(2)(e)(ii) are recorded in the patient’s chart with the name and number of samples provided.(3) A prescribing practitioner who provides samples for a patient shall comply with Subsection (2).