(1) As used in this section, “controlled substance” means a substance classified as a controlled substance under the Controlled Substances Act, Title II, Pub. L. No. 91-513 et seq., or Section 58-37-4.

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Terms Used In Utah Code 58-17b-610.6

  • Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 58-17b-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
  • 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
  • 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
  • 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
(2)

     (2)(a) Subject to Subsection (2)(b), the division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with hospital pharmacies, to establish guidelines under which a hospital pharmacy may dispense a limited supply of a prescription drug to an individual who is no longer a patient in the hospital setting if:

          (2)(a)(i) the individual is discharged from the hospital on the same day that the hospital pharmacy dispenses the prescription drug to the individual;
          (2)(a)(ii) in the professional judgment of the practitioner, dispensing the drug is necessary for the patient’s immediate needs;
          (2)(a)(iii) the class A pharmacy with which the patient has an established pharmacy-patient relationship:

               (2)(a)(iii)(A) is not open at the time of the patient’s discharge; or
               (2)(a)(iii)(B) unable to dispense the medication for any reason;
          (2)(a)(iv) the hospital pharmacy dispenses a quantity of the prescription drug that is not more than a 72-hour supply; and
          (2)(a)(v) dispensing the prescription drug complies with protocols established by the hospital pharmacy.
     (2)(b)

          (2)(b)(i) A hospital pharmacy may dispense an opioid antagonist to a patient without satisfying Subsection (2)(a)(iii).
          (2)(b)(ii) A hospital pharmacy that dispenses an opioid antagonist to a patient under Subsection (2)(b)(i) shall accept as payment the wholesale acquisition cost at the time of dispensing.
(3) A hospital pharmacy, or a practitioner or pharmacist in the hospital, may dispense a prescription drug in accordance with rules made under Subsection (2).