(1) An applicant for a license as a dispensing medical practitioner shall:

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Terms Used In Utah Code 58-17b-803

  • 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
  • Dependent: A person dependent for support upon another.
  • 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
  • Dispensing medical practitioner: means an individual who is:
         (23)(a) currently licensed as:
              (23)(a)(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
              (23)(a)(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;
              (23)(a)(iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
              (23)(a)(iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or
              (23)(a)(v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and
         (23)(b) licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. 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
  • Employer sponsored clinic: means :
         (2)(a) an entity that has a medical director who is licensed as a physician as defined in Section 58-67-102 and offers health care only to the employees of an exclusive group of employers and the employees' dependents; or
         (2)(b) a clinic designated as a clinic for state employees and their dependents by the Public Employees' Benefit and Insurance Program under the pilot program created by Section 49-20-413 including all the patients at that clinic, regardless of the patients' participation in the pilot program. See Utah Code 58-17b-802
  • Injectable weight loss drug: means an injectable prescription drug:
              (4)(a)(i) prescribed to promote weight loss; and
              (4)(a)(ii) listed as an injectable prescription drug subject to exemption under this section by the division by administrative rule. See Utah Code 58-17b-802
  • Patient counseling: means the written and oral communication by the pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of drugs, devices, and dietary supplements. 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
  • Prepackaged drug: means a prescription drug that:
         (5)(a) is not listed under federal or state law as a Schedule I, II, III, IV, or V drug; and
         (5)(b) is packaged in a fixed quantity per package by:
              (5)(b)(i) the drug manufacturer;
              (5)(b)(ii) a pharmaceutical wholesaler or distributor; or
              (5)(b)(iii) a pharmacy licensed under this title. See Utah Code 58-17b-802
     (1)(a) be licensed in good standing under at least one of the chapters listed in Subsection 58-17b-102(23)(a); and
     (1)(b) submit an application for a license as a dispensing medical practitioner in a form prescribed by the division and pay a fee established by the division.
(2) The division shall accept the licensing in good standing under Subsection (1) in lieu of requiring an applicant for a license under this part to comply with Sections 58-17b-303 and 58-17b-307.
(3) A dispensing medical practitioner may dispense, in accordance with this part:

     (3)(a) a cosmetic drug and an injectable weight loss drug if:

          (3)(a)(i) the drug was prescribed by the dispensing medical practitioner to the dispensing medical practitioner’s patient; and
          (3)(a)(ii) the dispensing medical practitioner complies with administrative rules adopted by the division under Section 58-17b-802;
     (3)(b) a cancer drug treatment regimen if the dispensing medical practitioner complies with Section 58-17b-805; and
     (3)(c) a pre-packaged drug to an employee or a dependent of an employee at an employer sponsored clinic if the dispensing medical practitioner:

          (3)(c)(i) treats an employee, or the dependent of an employee, of one of an exclusive group of employers at an employer sponsored clinic;
          (3)(c)(ii) prescribes a prepackaged drug to the employee or the employee’s dependent;
          (3)(c)(iii) dispenses the prepackaged drug at the employer sponsored clinic; and
          (3)(c)(iv) complies with administrative rules adopted by the division in consultation with the Board of Pharmacy that establish labeling, record keeping, patient counseling, purchasing and distribution, operating, treatment, quality of care, and storage requirements.
(4) A dispensing medical practitioner:

     (4)(a) shall inform the patient:

          (4)(a)(i) that the drug dispensed by the practitioner may be obtained from a pharmacy unaffiliated with the practitioner;
          (4)(a)(ii) of the directions for appropriate use of the dispensed drug;
          (4)(a)(iii) of potential side effects to the use of the dispensed drug; and
          (4)(a)(iv) how to contact the dispensing medical practitioner if the patient has questions or concerns regarding the drug;
     (4)(b) shall report to the controlled substance database in the same manner as required in Section 58-37f-203; and
     (4)(c) may delegate the dispensing of the drug if the individual to whom the dispensing was delegated is:

          (4)(c)(i) employed by the dispensing medical practitioner or the outpatient clinic setting in which the dispensing medical practitioner works; and
          (4)(c)(ii) acting under the direction of a dispensing medical practitioner who is immediately available on site for any necessary consultation.
(5) If the chapter that governs the license of a dispensing medical practitioner, as listed in Subsection 58-17b-102(23), requires physician supervision in its scope of practice requirements, the dispensing medical practitioner shall only dispense a drug under the supervision of an individual licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act.

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