Utah § 58-17b-606 Restrictive drug formulary prohibited.

Utah Statutes

§ 58-17b-606 — Restrictive drug formulary prohibited.

Utah § 58-17b-606

Title 58Occupations and Professions

Ch. 58-17bPharmacy Practice Act

Part 58-17b-6Regulation of the Practice of Pharmacy Operating Standards

This text of Utah § 58-17b-606 (Restrictive drug formulary prohibited.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 58-17b-606 (2026).

Text

(1)As used in this section:

(1)(a) "Generic form" means a prescription drug that is available in generic form and has an A rating in the United States Pharmacopeia and Drug Index.

(1)(b) "Legend drug" has the same meaning as prescription drug.

(1)(c) "Restrictive drug formulary" means a list of legend drugs, other than drugs for cosmetic purposes, that are prohibited by the Department of Health and Human Services from dispensation, but are approved by the Federal Food and Drug Administration.

(2)A practitioner may prescribe legend drugs in accordance with this chapter that, in his professional judgment and within the lawful scope of his practice, he considers appropriate for the diagnosis and treatment of his patient.

(3)Except as provided in Subsection (4), the Department of Health an

Free access — add to your briefcase to read the full text and ask questions with AI

(1) As used in this section:

(1)(a) "Generic form" means a prescription drug that is available in generic form and has an A rating in the United States Pharmacopeia and Drug Index.
(1)(b) "Legend drug" has the same meaning as prescription drug.
(1)(c) "Restrictive drug formulary" means a list of legend drugs, other than drugs for cosmetic purposes, that are prohibited by the Department of Health and Human Services from dispensation, but are approved by the Federal Food and Drug Administration.
(2) A practitioner may prescribe legend drugs in accordance with this chapter that, in his professional judgment and within the lawful scope of his practice, he considers appropriate for the diagnosis and treatment of his patient.
(3) Except as provided in Subsection (4), the Department of Health and Human Services may not maintain a restrictive drug formulary that restricts a physician's ability to treat a patient with a legend drug that has been approved and designated as safe and effective by the Federal Food and Drug Administration, except for drugs for cosmetic purposes.
(4) When a multisource legend drug is available in the generic form, the Department of Health and Human Services may only reimburse for the generic form of the drug unless the treating physician demonstrates to the Department of Health and Human Services a medical necessity for dispensing the nongeneric, brand-name legend drug.
(5) The Department of Health and Human Services pharmacists may override the generic mandate provisions of Subsection (4) if a financial benefit will accrue to the state.
(6) This section does not affect the state's ability to exercise the exclusion options available under the Federal Omnibus Budget Reconciliation Act of 1990.