JurisdictionUtahTitle 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-627 (Prescription of drugs or devices by a pharmacist.) 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.
(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 drug
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(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.