Section 308 – Out-of-state mail service pharmacies — Drugs not readily available in all pharmacies.

• (1) As used in this section, “out-of-state mail service pharmacy” means the same as that term is defined in Section 58-17b-102.

• (2) Except as provided in Subsection (3), a third party payor of pharmaceutical services within the state, or its agent or contractor, may not require a pharmacy patient to obtain prescription drug benefits from one or more out-of-state mail service pharmacies as a condition of obtaining third party payment prescription drug benefit coverage as defined in rule.

• (3) For a prescription drug or device that is not readily available in all pharmacies, including an injectable medication, a third party payor of pharmaceutical services may require a pharmacy patient to obtain prescription drug benefits from certain pharmacies, including one or more out-of-state mail service pharmacies.

• (4)
  • (a) A violation of this section is a class A misdemeanor.
  • (b) Each violation of this section is a separate offense.

Renumbered and Amended by Chapter 198, 2020 General Session
Renumbered and Amended by Chapter 372, 2020 General Session