§ 58-17b-503 — Exception to unprofessional conduct.

(1) For purposes of this section:

(1)(a) "Licensed intermediate care facility for people with an intellectual disability" means an intermediate care facility for people with an intellectual disability that is licensed as a nursing care facility or a small health care facility under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(1)(b) "Nursing care facility" means the same as that term is defined in Section 26B-2-201.
(1)(c) "Unit pack" means a tamper-resistant nonreusable single-dose single-drug package with identification that indicates the lot number and expiration date for the drug.
(2) A pharmacist may accept and redistribute an unused drug, or part of it, after it has left the premises of the pharmacy:

(2)(a) in accordance with Part 9, Charitable Prescription Drug Recycling Act;
(2)(b) if:
(2)(b)(i) the drug was prescribed to a patient in a nursing care facility, licensed intermediate care facility for people with an intellectual disability, or state prison facility, county jail, or state hospital;
(2)(b)(ii) the drug was stored under the supervision of a licensed health care provider according to manufacturer recommendations;
(2)(b)(iii) the drug is in a unit pack or in the manufacturer's sealed container;
(2)(b)(iv) the drug was returned to the original dispensing pharmacy;
(2)(b)(v) the drug was initially dispensed by a licensed pharmacist or licensed pharmacy intern; and
(2)(b)(vi) accepting back and redistributing of the drug complies with federal Food and Drug Administration and Drug Enforcement Administration regulations; or
(2)(c) if:
(2)(c)(i) the pharmacy has attempted to deliver the drug to a patient or a patient's agent via the United States Postal Service, a licensed common carrier, or supportive personnel;
(2)(c)(ii) the drug is returned to the pharmacy by the same person or carrier that attempted to deliver the drug; and
(2)(c)(iii) in accordance with United States Food and Drug Administration regulations and rules established by the division, a pharmacist at the pharmacy determines that the drug has not been adversely affected by the drug's attempted delivery and return.

Legislative History

Amended by Chapter 328, 2023 General Session