(1) The following documents from a prescribing practitioner shall be considered a prescription for purposes of dispensing of and payment for a device described in Subsection (3), if the device is prescribed or indicated by the document and the document is on file with a pharmacy:

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Terms Used In Utah Code 58-17b-610.8

  • board: means the Utah State Board of Pharmacy created in Section 58-17b-201. 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
  • 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
     (1)(a) a written prescription; or
     (1)(b) a written record of a patient’s:

          (1)(b)(i) current diagnosis; or
          (1)(b)(ii) treatment protocol.
(2) A pharmacist or pharmacy intern at a pharmacy at which a document that is considered a prescription under Subsection (1) is on file may dispense under prescription a device described in Subsection (3) to the patient in accordance with:

     (2)(a) the document that is considered a prescription under Subsection (1); and
     (2)(b) rules made by the division under Subsection (4).
(3) This section applies to:

     (3)(a) nebulizers;
     (3)(b) spacers for use with nebulizers or inhalers; and
     (3)(c) diabetic supplies.
(4) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with the board, the Physicians Licensing Board created in Section 58-67-201, and the Osteopathic Physician and Surgeon’s Licensing Board created in Section 58-68-201, to implement this section.