(1) An applicant for licensure as a dispensing practice shall:

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Terms Used In Utah Code 58-88-203

  • Department: means the Department of Commerce. See Utah Code 58-1-102
  • 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
  • Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
  • Statute: A law passed by a legislature.
  • 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) submit a written application in the form prescribed by the division;
     (1)(b) pay a fee as determined by the department under Section 63J-1-504; and
     (1)(c) provide any additional information required by the division by rule.
(2)

     (2)(a) A dispensing practice shall designate at least one responsible dispensing practitioner who is responsible for all activities of the licensed dispensing practice related to the dispensing of drugs under this part.
     (2)(b) A responsible dispensing practitioner for the licensed dispensing practice shall:

          (2)(b)(i) be currently licensed to prescribe and administer drugs in the course of professional practice;
          (2)(b)(ii) practice at the licensed dispensing practice;
          (2)(b)(iii) accept responsibility for the operation of the licensed dispensing practice related to the dispensing of drugs under this part and in accordance with all laws and rules relating to the dispensing of drugs at the licensed dispensing practice; and
          (2)(b)(iv) be personally in full and actual charge of the operation of the licensed dispensing practice related to the dispensing of drugs under this part.
     (2)(c) Whenever an applicable statute or rule requires or prohibits action by a licensed dispensing practice, the responsible dispensing practitioner or practitioners and the owner of the licensed dispensing practice shall be responsible for all activities of the licensed dispensing practice, regardless of the form of the business or entity.
(3)

     (3)(a) Each license issued under this section shall be issued for a single, specific address, and is not transferable or assignable.
     (3)(b) Each license issued under this section shall be issued in accordance with a two-year renewal cycle established by the division by rule.
     (3)(c) The division may extend or shorten a renewal period for a period of up to one year to maintain established renewal cycles or to change an established renewal cycle.
     (3)(d) Each license automatically expires on the expiration date shown on the license unless the license is renewed by the licensee in accordance with Section 58-1-308.
(4)

     (4)(a) A licensed dispensing practice shall report in writing to the division not later than 10 business days before the date of:

          (4)(a)(i) a permanent closure of the licensed dispensing practice;
          (4)(a)(ii) a change of name or ownership of the licensed dispensing practice;
          (4)(a)(iii) a change of location of the licensed dispensing practice; and
          (4)(a)(iv) any matter or occurrence that the division requires by rule to be reported.
     (4)(b) As defined by the division by rule, a licensed dispensing practice shall report in writing to the division:

          (4)(b)(i) theft of a drug, immediately after the licensed dispensing practice is aware that theft has occurred; and
          (4)(b)(ii) a disaster, accident, or emergency that may affect the purity or labeling of a drug, medication, device, or other material used in the diagnosis or treatment of injury, illness, or disease immediately upon the occurrence of the disaster, accident, or emergency.
     (4)(c) A reporting licensed dispensing practice shall maintain a copy of any notification required by this Subsection (4) for two years and make a copy of the notification available to the division for inspection at the division’s request.
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