Utah Code 58-17b-907. Rules made by the division
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The rules made by the division under Subsection 58-17b-903(2)(b) shall include:
(1) registration requirements to establish the eligibility of a pharmacy to participate in the program;
Terms Used In Utah Code 58-17b-907
- Beyond use date: means the date determined by a pharmacist and placed on a prescription label at the time of dispensing that indicates to the patient or caregiver a time beyond which the contents of the prescription are not recommended to be used. See Utah Code 58-17b-102
- 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 - Department: means the Department of Commerce. See Utah Code 58-1-102
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Donated prescription drug: means a prescription drug that an eligible donor or individual donates to an eligible pharmacy under the program. See Utah Code 58-17b-902
- Donor: The person who makes a gift.
- 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
- Eligible donor: means a donor that donates a prescription drug from within the state and is:
(7)(a) a nursing care facility;(7)(b) an assisted living facility;(7)(c) a licensed intermediate care facility for people with an intellectual disability;(7)(d) a manufacturer;(7)(e) a pharmaceutical wholesale distributor;(7)(f) an eligible pharmacy; or(7)(g) a physician's office. See Utah Code 58-17b-902- Eligible pharmacy: means a pharmacy that:
(8)(a) is registered by the division as eligible to participate in the program; and(8)(b)(8)(b)(i) is licensed in the state as a Class A retail pharmacy; or(8)(b)(ii) is operated by:(8)(b)(ii)(A) a county;(8)(b)(ii)(B) a county health department;(8)(b)(ii)(C) a pharmacy under contract with a county health department;(8)(b)(ii)(D) the Department of Health and Human Services created in Section 26B-1-201; or(8)(b)(ii)(E) a charitable clinic. See Utah Code 58-17b-902- Eligible prescription drug: includes a medication-assisted treatment drug that may be accepted, transferred, and dispensed under the program in accordance with federal law. See Utah Code 58-17b-902
- Licensed pharmacy technician: means an individual licensed with the division, that may, under the supervision of a pharmacist, perform the activities involved in the technician practice of pharmacy. 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
- Medically indigent individual: means an individual who:
(11)(a)(11)(a)(i) does not have health insurance; and(11)(a)(ii) lacks reasonable means to purchase prescribed medications; or(11)(b)(11)(b)(i) has health insurance; and(11)(b)(ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed medications. See Utah Code 58-17b-902- 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
- 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
- Program: means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903. See Utah Code 58-17b-902
(2) a formulary that includes all eligible prescription drugs approved by the federal Food and Drug Administration;(3) standards and procedures for:(3)(a) verifying whether a pharmacy or pharmacist participating in the program is licensed and in good standing with the board;(3)(b) handling of an eligible prescription drug transferred in accordance with Subsection 58-17b-903(2) to an eligible pharmacy or a physician’s office, including:(3)(b)(i) acceptance;(3)(b)(ii) identification, including redundant criteria for verification;(3)(b)(iii) documentation, under 21 U.S.C. § 360eee-1, of transaction information, history, and statements;(3)(b)(iv) safe storage;(3)(b)(v) security;(3)(b)(vi) inspection;(3)(b)(vii) transfer; and(3)(b)(viii) dispensing;(3)(c) a pharmacist, pharmacy intern, or licensed pharmacy technician:(3)(c)(i) working in or consulting with a participating eligible donor; or(3)(c)(ii) assisting an individual donating the eligible prescription drug;(3)(d) disposition of a donated prescription drug that is a controlled substance;(3)(e) record keeping regarding:(3)(e)(i) the individual or eligible donor that transferred an eligible prescription drug under Subsection 58-17b-903(2)(a);(3)(e)(ii) the identification and evaluation of a donated prescription drug by a pharmacist or licensed pharmacy technician; and(3)(e)(iii) the dispensing or disposition of a prescription drug;(3)(f) determining the status of a medically indigent individual;(3)(g) labeling requirements to:(3)(g)(i) ensure compliance with patient privacy laws relating to:(3)(g)(i)(A) an individual who receives an eligible prescription drug; and(3)(g)(i)(B) patient information that may appear on a donated prescription drug;(3)(g)(ii) clearly identify an eligible prescription drug dispensed under the program; and(3)(g)(iii) communicate necessary information regarding the manufacturer‘s recommended expiration date or the beyond use date; and(3)(h) ensuring compliance with the requirements of this part;(4) a process for seeking input from the Department of Health and Human Services created in Section 26B-1-201 to:(4)(a) establish program standards and procedures for assisted living facilities and nursing care facilities; and(4)(b) establish program standards and procedures for mental health and substance abuse clients; and(5) the creation of a special training program that a pharmacist and a licensed pharmacy technician at an eligible pharmacy must complete before participating in the program. - Eligible donor: means a donor that donates a prescription drug from within the state and is: