Utah Code 58-37-3.5. Drugs for behavioral health treatment
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(1) As used in this section:
Terms Used In Utah Code 58-37-3.5
- Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section
58-37-3 . See Utah Code 58-37-2 - Drug: means :(1)(r)(i)(A) 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;(1)(r)(i)(B) 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;(1)(r)(i)(C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and(1)(r)(i)(D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2
- Food: means :
(1)(t)(i) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and(1)(t)(ii) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2- State: means the state of Utah. See Utah Code 58-37-2
- use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
(1)(a) “Drug” means any form of psilocybin or methylenedioxymethamphetamine that is in federal Food and Drug Administration Phase 3 testing for an investigational drug described in 21 C.F.R. part 312.(1)(b) “Healthcare system” means:(1)(b)(i) a privately-owned, non-profit, vertically-integrated healthcare system that operates at least 15 licensed hospitals in the state; or(1)(b)(ii) a health care system closely affiliated with an institution of higher education described in Section53B-2-101 .(2) A healthcare system may develop a behavioral health treatment program that includes a treatment based on a drug that the healthcare system determines is supported by a broad collection of scientific and medical research.(3) A healthcare system described in Subsection (2):(3)(a) shall ensure that a drug used under the exclusive authority of this section is used by a patient only under the direct supervision and control of the healthcare system and the healthcare system’s health care providers who are licensed under this title; and(3)(b) may not provide treatments that are authorized exclusively under this section to an individual who is not at least 18 years old.(4) Before July 1, 2026, a healthcare system that creates a behavioral health treatment program under this section shall provide a written report to the Health and Human Services Interim Committee regarding:(4)(a) drugs used;(4)(b) health outcomes of patients;(4)(c) side effects of any drugs used; and(4)(d) any other information necessary for the Legislature to evaluate the medicinal value of any drugs.(5) An individual or entity that complies with this section when using, distributing, possessing, administering, or supervising the use of, a drug is not guilty of a violation of this title. - Food: means :