Utah Code 58-88-202. Dispensing practice — Drugs that may be dispensed — Limitations and exceptions
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(1) Notwithstanding Section 58-17b-302 , a dispensing practitioner may dispense a drug at a licensed dispensing practice if the drug is:
Terms Used In Utah Code 58-88-202
- Dispense: means the delivery by a prescriber of a prescription drug or device to a patient, including the packaging, labeling, and security necessary to prepare and safeguard the drug or device for supplying to a patient. See Utah Code 58-88-201
- Dispensing practitioner: means an individual who:(2)(a) is currently licensed as:(2)(a)(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;(2)(a)(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;(2)(a)(iii) an advanced practice registered nurse under Subsection 58-31b-301(2)(d); or(2)(a)(iv) a physician assistant under Chapter 70a, Utah Physician Assistant Act;(2)(b) is authorized by state law to prescribe and administer drugs in the course of professional practice; and(2)(c) practices at a licensed dispensing practice. See Utah Code 58-88-201
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Drug: means the same as that term is defined in Section 58-17b-102. See Utah Code 58-88-201
- Licensed dispensing practice: means a health care practice that is licensed as a dispensing practice under Section 58-88-202. See Utah Code 58-88-201
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(1)(a) packaged in a fixed quantity per package by:
(1)(a)(i) the drug manufacturer;
(1)(a)(ii) a pharmaceutical wholesaler or distributor; or
(1)(a)(iii) a pharmacy licensed under Chapter 17b, Pharmacy Practice Act;
(1)(b) dispensed:
(1)(b)(i) at a licensed dispensing practice at which the dispensing practitioner regularly practices; and
(1)(b)(ii) under a prescription issued by the dispensing practitioner to the dispensing practitioner’s patient;
(1)(c) for a condition that is not expected to last longer than 30 days; and
(1)(d) for a condition for which the patient has been evaluated by the dispensing practitioner on the same day on which the dispensing practitioner dispenses the drug.
(2) A dispensing practitioner may not dispense:
(2)(a) a controlled substance as defined in Section 58-37-2 ;
(2)(b) a drug or class of drugs that is designated by the division under Subsection 58-88-205 (2);
(2)(c) gabapentin; or
(2)(d) a supply of a drug under this part that exceeds a 30-day supply.
(3) A dispensing practitioner may not make a claim against workers’ compensation or automobile insurance for a drug dispensed under this part for outpatient use unless the dispensing practitioner is contracted with a pharmacy network established by the claim payor.
(4) When a dispensing practitioner dispenses a drug to the patient under this part, a dispensing practitioner shall:
(4)(a) disclose to the patient verbally and in writing that the patient is not required to fill the prescription through the licensed dispensing practice and that the patient has a right to fill the prescription through a pharmacy; and
(4)(b) if the patient will be responsible to pay cash for the drug, disclose:
(4)(b)(i) that the patient will be responsible to pay cash for the drug; and
(4)(b)(ii) the amount that the patient will be charged by the licensed dispensing practice for the drug.
(5) This part does not:
(5)(a) require a dispensing practitioner to dispense a drug under this part;
(5)(b) limit a health care prescriber from dispensing under Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or
(5)(c) apply to a physician who dispenses:
(5)(c)(i) a drug sample, as defined in Section 58-17b-102 , to a patient in accordance with Section 58-1-501.3 or Section 58-17b-610 ; or
(5)(c)(ii) a drug in an emergency situation as defined by the division in rule under Chapter 17b, Pharmacy Practice Act.