§ 58-17b-627 — Prescription of drugs or devices by a pharmacist.

(1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or device if:
(1)(a) prescribing the prescription drug or device is within the scope of the pharmacist's training and experience;
(1)(b) the prescription drug or device is designated by the division by rule under Subsection (3)(a); and
(1)(c) the prescription drug or device is not a controlled substance that is included in Schedules I, II, III, or IV of:
(1)(c)(i) Section 58-37-4; or
(1)(c)(ii) the federal Controlled Substances Act, Title II, P.L. 91-513.
(2) Nothing in this section requires a pharmacist to issue a prescription for a prescription drug or device.
(3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(3)(a) designate the prescription drugs or devices that may be prescribed by a pharmacist under this section, beginning with prescription drugs or devices that address a public health concern that is designated by the Department of Health and Human Services, including:
(3)(a)(i) post-exposure HIV prophylaxis;
(3)(a)(ii) pre-exposure HIV prophylaxis;
(3)(a)(iii) self-administered hormonal contraceptives;
(3)(a)(iv) smoking cessation;
(3)(a)(v) naloxone; and
(3)(a)(vi) fluoride;
(3)(b) create guidelines that a pharmacist must follow when prescribing a prescription drug or device, including guidelines:
(3)(b)(i) for notifying the patient's primary care or other health care provider about the prescription; and
(3)(b)(ii) to prevent the over-prescription of drugs or devices including but not limited to antibiotics;
(3)(c) address when a pharmacist should refer the patient to an appropriate health care provider or otherwise encourage the patient to seek further medical care; and
(3)(d) implement the provisions of this section.
(4) The division shall make rules under Subsection (3) in collaboration with:
(4)(a) individuals representing pharmacies and pharmacists;
(4)(b) individuals representing physicians and advanced practice clinicians; and
(4)(c) (4)(c)(i) if the executive director of the Department of Health and Human Services is a physician, the executive director of the Department of Health and Human Services;
(4)(c)(ii) if the executive director of the Department of Health and Human Services is not a physician, a deputy director who is a physician in accordance with Subsection 26B-1-203(4); or
(4)(c)(iii) a designee of the individual described in Section 26B-1-203.
(5) Before November 1 of each year, the division, in consultation with the individuals described in Subsection (4), shall:
(5)(a) develop recommendations for statutory changes to improve patient access to prescribed drugs in the state; and
(5)(b) report the recommendations developed under Subsection (5)(a) to the Health and Human Services Interim Committee.

Legislative History

Amended by Chapter 513, 2025 General Session