Terms Used In Utah Code > Title 58 > Chapter 17b > Part 6 - Regulation of the Practice of Pharmacy Operating Standards

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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
• Compounding: means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device:
            (18)(a)(i) as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice;
            (18)(a)(ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or
            (18)(a)(iii) in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. See Utah Code 58-17b-102
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Dispense: means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. See Utah Code 58-17b-102
• Dispensing medical practitioner: means an individual who is:
       (23)(a) currently licensed as:

            (23)(a)(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;

            (23)(a)(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;

            (23)(a)(iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;

            (23)(a)(iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or

            (23)(a)(v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and
       (23)(b) licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. See Utah Code 58-17b-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• 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
• Electronic signature: means a trusted, verifiable, and secure electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 58-17b-102
• Electronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See Utah Code 58-17b-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the Department of Commerce. See Utah Code 58-1-102
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Hospital pharmacy: means a pharmacy providing pharmaceutical care to inpatients of a general acute hospital or specialty hospital licensed by the Department of Health and Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 58-17b-102
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• 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
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Out-of-state mail service pharmacy: means a pharmaceutical facility located outside the state that is licensed and in good standing in another state, that:
       (42)(a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in this state pursuant to a lawfully issued prescription;
       (42)(b) provides information to a patient in this state on drugs or devices which may include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses; or
       (42)(c) counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs. See Utah Code 58-17b-102
• Patient counseling: means the written and oral communication by the pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of drugs, devices, and dietary supplements. See Utah Code 58-17b-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Pharmaceutical administration facility: means a facility, agency, or institution in which:
       (44)(a) prescription drugs or devices are held, stored, or are otherwise under the control of the facility or agency for administration to patients of that facility or agency;
       (44)(b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist or pharmacy intern with whom the facility has established a prescription drug supervising relationship under which the pharmacist or pharmacy intern provides counseling to the facility or agency staff as required, and oversees drug control, accounting, and destruction; and
       (44)(c) prescription drugs are professionally administered in accordance with the order of a practitioner by an employee or agent of the facility or agency. See Utah Code 58-17b-102
• Pharmaceutical facility: means a business engaged in the dispensing, delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this state. See Utah Code 58-17b-102
• Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102
• Pharmacist-in-charge: means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. 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 benefits manager or coordinator: means a person or entity that provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf of a self-insured employer, insurance company, health maintenance organization, or other plan sponsor, as defined by rule. 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
• Practice of pharmacy: includes the following:
       (58)(a) providing pharmaceutical care;
       (58)(b) collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement;
       (58)(c) compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:

            (58)(c)(i) pursuant to a lawful order of a practitioner when one is required by law; and

            (58)(c)(ii) in accordance with written guidelines or protocols:

                 (58)(c)(ii)(A) established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or

                 (58)(c)(ii)(B) approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;
       (58)(d) participating in drug utilization review;
       (58)(e) ensuring proper and safe storage of drugs and devices;
       (58)(f) maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;
       (58)(g) providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses;
       (58)(h) providing drug product equivalents;
       (58)(i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;
       (58)(j) providing patient counseling, including adverse and therapeutic effects of drugs;
       (58)(k) providing emergency refills as defined by rule;
       (58)(l) telepharmacy;
       (58)(m) formulary management intervention;
       (58)(n) prescribing and dispensing a self-administered hormonal contraceptive in accordance with Title 26B, Chapter 4, Part 5, Treatment Access; and
       (58)(o) issuing a prescription in accordance with Section 58-17b-627. See Utah Code 58-17b-102
• Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Utah Code 58-17b-102
• Prescribe: means to issue a prescription:
       (62)(a) orally or in writing; or
       (62)(b) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. 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
• profile: means a record system maintained as to drugs or devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze the profile to provide pharmaceutical care. See Utah Code 58-17b-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Supervising pharmacist: means a pharmacist who is overseeing the operation of the pharmacy during a given day or shift. See Utah Code 58-17b-102
• Supportive personnel: means unlicensed individuals who:
       (72)(a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed pharmacy technician in nonjudgmental duties not included in the definition of the practice of pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as those duties may be further defined by division rule adopted in collaboration with the board; and
       (72)(b) are supervised by a pharmacist in accordance with rules adopted by the division in collaboration with the board. See Utah Code 58-17b-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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
• Written communication: means a physical document, or an electronic communication, by or from which the recipient may read or access the information intended to be communicated, including:
       (76)(a) email;
       (76)(b) text message; and
       (76)(c) quick response (QR) code. See Utah Code 58-17b-102