Effective 5/4/2022
58-88-202. Dispensing practice — Drugs that may be dispensed — Limitations and exceptions.
58-88-202. Dispensing practice — Drugs that may be dispensed — Limitations and exceptions.
- (1) Notwithstanding Section 58-17b-302, a dispensing practitioner may dispense a drug at a licensed dispensing practice if the drug is:
- (a) packaged in a fixed quantity per package by:
- (i) the drug manufacturer;
- (ii) a pharmaceutical wholesaler or distributor; or
- (iii) a pharmacy licensed under Chapter 17b, Pharmacy Practice Act;
- (b) dispensed:
- (i) at a licensed dispensing practice at which the dispensing practitioner regularly practices; and
- (ii) under a prescription issued by the dispensing practitioner to the dispensing practitioner’s patient;
- (c) for a condition that is not expected to last longer than 30 days; and
- (d) for a condition for which the patient has been evaluated by the dispensing practitioner on the same day on which the dispensing practitioner dispenses the drug.
- (a) packaged in a fixed quantity per package by:
- (2) A dispensing practitioner may not dispense:
- (a) a controlled substance as defined in Section 58-37-2;
- (b) a drug or class of drugs that is designated by the division under Subsection 58-88-205(2);
- (c) gabapentin; or
- (d) a supply of a drug under this part that exceeds a 30-day supply.
- (3) A dispensing practitioner may not make a claim against workers’ compensation or automobile insurance for a drug dispensed under this part for outpatient use unless the dispensing practitioner is contracted with a pharmacy network established by the claim payor.
- (4) When a dispensing practitioner dispenses a drug to the patient under this part, a dispensing practitioner shall:
- (a) disclose to the patient verbally and in writing that the patient is not required to fill the prescription through the licensed dispensing practice and that the patient has a right to fill the prescription through a pharmacy; and
- (b) if the patient will be responsible to pay cash for the drug, disclose:
- (i) that the patient will be responsible to pay cash for the drug; and
- (ii) the amount that the patient will be charged by the licensed dispensing practice for the drug.
- (5) This part does not:
- (a) require a dispensing practitioner to dispense a drug under this part;
- (b) limit a health care prescriber from dispensing under Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or
- (c) apply to a physician who dispenses:
- (i) a drug sample, as defined in Section 58-17b-102, to a patient in accordance with Section 58-1-501.3 or Section 58-17b-610;
- (ii) a prescription drug or device to a patient for a patient’s immediate need in an emergency department in accordance with Section 58-17b-610.5; or
- (iii) a drug in an emergency situation as defined by the division in rule under Chapter 17b, Pharmacy Practice Act.
Enacted by Chapter 353, 2022 General Session