(1) Notwithstanding Section 58-17b-302, a dispensing practitioner may dispense a drug at a licensed dispensing practice if the drug is:

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

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.
  Previous section
Next section  
 Part 2 Contents