Pharmacy Practice Amendments

20
58-17b-102
58-17b-612
58-17b-627
58-37c-3
58-37c-22
0
Pharmacy Practice Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: Steve Eliason
LONG TITLE
General Description:
This bill amends provisions related to the practice of pharmacy.
Highlighted Provisions:
This bill:
amends the definition of a collaborative pharmacy practice agreement to conform to other
provisions of code regarding a pharmacist's role under a collaborative pharmacy practice
agreement;
adds vaccines and epinephrine to the list of prescription drugs that a pharmacist may
prescribe;
permits online sales of pseudoephedrine under certain circumstances;
requires the Division of Professional Licensing, in collaboration with the Board of
Pharmacy, to approve and implement an electronic tracking system to monitor the sale
of pseudoephedrine under certain circumstances;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-17b-102
, as last amended by Laws of Utah 2025, Chapter 486
58-17b-612
, as last amended by Laws of Utah 2019, Chapter 343
58-17b-627
, as last amended by Laws of Utah 2025, Chapter 513
58-37c-3
, as last amended by Laws of Utah 2024, Chapter 113
ENACTS:
58-37c-22
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-17b-102
is amended to read:
58-17b-102
. Definitions.
In addition to the definitions in Section
58-1-102
, as used in this chapter:
(1)
"Administering" means:
(a)
the direct application of a prescription drug or device, whether by injection,
inhalation, ingestion, or by any other means, to the body of a human patient or
research subject by another person; or
(b)
the placement by a veterinarian with the owner or caretaker of an animal or group of
animals of a prescription drug for the purpose of injection, inhalation, ingestion, or
any other means directed to the body of the animal by the owner or caretaker in
accordance with written or verbal directions of the veterinarian.
(2)
"Adulterated drug or device" means a drug or device considered adulterated under 21
U.S.C. Sec. 351 (2003).
(3)
(a)
"Analytical laboratory" means a facility in possession of prescription drugs for the
purpose of analysis.
(b)
"Analytical laboratory" does not include a laboratory possessing prescription drugs
used as standards and controls in performing drug monitoring or drug screening
analysis if the prescription drugs are prediluted in a human or animal body fluid,
human or animal body fluid components, organic solvents, or inorganic buffers at a
concentration not exceeding one milligram per milliliter when labeled or otherwise
designated as being for in vitro diagnostic use.
(4)
"Animal euthanasia agency" means an agency performing euthanasia on animals by the
use of prescription drugs.
(5)
"Automated pharmacy systems" includes mechanical systems which perform operations
or activities, other than compounding or administration, relative to the storage,
packaging, dispensing, or distribution of medications, and which collect, control, and
maintain all transaction information.
(6)
"Beyond use date" means the date determined by a pharmacist and placed on a
prescription label at the time of dispensing that indicates to the patient or caregiver a
time beyond which the contents of the prescription are not recommended to be used.
(7)
"Board of pharmacy" or "board" means the Utah State Board of Pharmacy created in
Section
58-17b-201
.
(8)
"Branch pharmacy" means a pharmacy or other facility in a rural or medically
underserved area, used for the storage and dispensing of prescription drugs, which is
dependent upon, stocked by, and supervised by a pharmacist in another licensed
pharmacy designated and approved by the division as the parent pharmacy.
(9)
"Centralized prescription processing" means the processing by a pharmacy of a request
from another pharmacy to fill or refill a prescription drug order or to perform processing
functions such as dispensing, drug utilization review, claims adjudication, refill
authorizations, and therapeutic interventions.
(10)
"Class A pharmacy" means a pharmacy located in Utah that is authorized as a retail
pharmacy to compound or dispense a drug or dispense a device to the public under a
prescription order.
(11)
"Class B pharmacy":
(a)
means a pharmacy located in Utah:
(i)
that is authorized to provide pharmaceutical care for patients in an institutional
setting; and
(ii)
whose primary purpose is to provide a physical environment for patients to obtain
health care services; and
(b)
(i)
includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and
(ii)
pharmaceutical administration and sterile product preparation facilities.
(12)
"Class C pharmacy" means a pharmacy that engages in the manufacture, production,
wholesale, or distribution of drugs or devices in Utah.
(13)
"Class D pharmacy" means a nonresident pharmacy.
(14)
"Class E pharmacy" means all other pharmacies.
(15)
(a)
"Closed-door pharmacy" means a pharmacy that:
(i)
provides pharmaceutical care to a defined and exclusive group of patients who
have access to the services of the pharmacy because they are treated by or have an
affiliation with a specific entity, including a health maintenance organization or an
infusion company; or
(ii)
engages exclusively in the practice of telepharmacy and does not serve walk-in
retail customers.
(b)
"Closed-door pharmacy" does not include a hospital pharmacy, a retailer of goods to
the general public, or the office of a practitioner.
(16)
"Collaborative pharmacy practice" means a practice of pharmacy whereby one or more
pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or
more practitioners under protocol whereby the pharmacist may perform certain
pharmaceutical care functions authorized by the practitioner or practitioners under
certain specified conditions or limitations.
(17)
"Collaborative pharmacy practice agreement" means a written and signed agreement
between one or more pharmacists and one or more practitioners that provides for
collaborative pharmacy practice for the purpose of drug therapy management of patients
,
initiating therapy,
and prevention of disease of human subjects.
(18)
(a)
"Compounding" means the preparation, mixing, assembling, packaging, or
labeling of a limited quantity drug, sterile product, or device:
(i)
as the result of a practitioner's prescription order or initiative based on the
practitioner, patient, or pharmacist relationship in the course of professional
practice;
(ii)
for the purpose of, or as an incident to, research, teaching, or chemical analysis
and not for sale or dispensing; or
(iii)
in anticipation of prescription drug orders based on routine, regularly observed
prescribing patterns.
(b)
"Compounding" does not include:
(i)
the preparation of prescription drugs by a pharmacist or pharmacy intern for sale
to another pharmacist or pharmaceutical facility;
(ii)
the preparation by a pharmacist or pharmacy intern of any prescription drug in a
dosage form which is regularly and commonly available from a manufacturer in
quantities and strengths prescribed by a practitioner; or
(iii)
the preparation of a prescription drug, sterile product, or device which has been
withdrawn from the market for safety reasons.
(19)
"Confidential information" has the same meaning as "protected health information"
under the Standards for Privacy of Individually Identifiable Health Information, 45
C.F.R. Parts 160 and 164.
(20)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(21)
"Dietary supplement" has the same meaning as Public Law Title 103, Chapter 417,
Sec. 3a(ff) which is incorporated by reference.
(22)
"Dispense" means the interpretation, evaluation, and implementation of a prescription
drug order or device or nonprescription drug or device under a lawful order of a
practitioner in a suitable container appropriately labeled for subsequent administration to
or use by a patient, research subject, or an animal.
(23)
"Dispensing medical practitioner" means an individual who is:
(a)
currently licensed as:
(i)
a physician and surgeon under Chapter 67, Utah Medical Practice Act;
(ii)
an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic
Medical Practice Act;
(iii)
a physician assistant under Chapter 70a, Utah Physician Assistant Act;
(iv)
a nurse practitioner under Chapter 31b, Nurse Practice Act; or
(v)
an optometrist under Chapter 16a, Utah Optometry Practice Act, if the
optometrist is acting within the scope of practice for an optometrist; and
(b)
licensed by the division under the Pharmacy Practice Act to engage in the practice of
a dispensing medical practitioner.
(24)
"Dispensing medical practitioner clinic pharmacy" means a closed-door pharmacy
located within a licensed dispensing medical practitioner's place of practice.
(25)
"Distribute" means to deliver a drug or device other than by administering or
dispensing.
(26)
(a)
"Drug" means:
(i)
a substance recognized in the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia of the United States, or official National Formulary,
or any supplement to any of them, intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or animals;
(ii)
a substance that is required by any applicable federal or state law or rule to be
dispensed by prescription only or is restricted to administration by practitioners
only;
(iii)
a substance other than food intended to affect the structure or any function of the
body of humans or other animals; and
(iv)
substances intended for use as a component of any substance specified in
Subsections
(26)(a)(i)
through
(iii)
.
(b)
"Drug" does not include dietary supplements.
(27)
"Drug regimen review" includes the following activities:
(a)
evaluation of the prescription drug order and patient record for:
(i)
known allergies;
(ii)
rational therapy-contraindications;
(iii)
reasonable dose and route of administration; and
(iv)
reasonable directions for use;
(b)
evaluation of the prescription drug order and patient record for duplication of therapy;
(c)
evaluation of the prescription drug order and patient record for the following
interactions:
(i)
drug-drug;
(ii)
drug-food;
(iii)
drug-disease; and
(iv)
adverse drug reactions; and
(d)
evaluation of the prescription drug order and patient record for proper utilization,
including over- or under-utilization, and optimum therapeutic outcomes.
(28)
"Drug sample" means a prescription drug packaged in small quantities consistent with
limited dosage therapy of the particular drug, which is marked "sample", is not intended
to be sold, and is intended to be provided to practitioners for the immediate needs of
patients for trial purposes or to provide the drug to the patient until a prescription can be
filled by the patient.
(29)
"Electronic signature" means a trusted, verifiable, and secure electronic sound, symbol,
or process attached to or logically associated with a record and executed or adopted by a
person with the intent to sign the record.
(30)
"Electronic transmission" means transmission of information in electronic form or the
transmission of the exact visual image of a document by way of electronic equipment.
(31)
"Hospital pharmacy" means a pharmacy providing pharmaceutical care to inpatients of
a general acute hospital or specialty hospital licensed by the Department of Health and
Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and
Inspection.
(32)
"Legend drug" has the same meaning as prescription drug.
(33)
"Licensed pharmacy technician" means an individual licensed with the division, that
may, under the supervision of a pharmacist, perform the activities involved in the
technician practice of pharmacy.
(34)
"Manufacturer" means a person or business physically located in Utah licensed to be
engaged in the manufacturing of drugs or devices.
(35)
(a)
"Manufacturing" means:
(i)
the production, preparation, propagation, conversion, or processing of a drug or
device, either directly or indirectly, by extraction from substances of natural origin
or independently by means of chemical or biological synthesis, or by a
combination of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its container; and
(ii)
the promotion and marketing of such drugs or devices.
(b)
"Manufacturing" includes the preparation and promotion of commercially available
products from bulk compounds for resale by pharmacies, practitioners, or other
persons.
(c)
"Manufacturing" does not include the preparation or compounding of a drug by a
pharmacist, pharmacy intern, or practitioner for that individual's own use or the
preparation, compounding, packaging, labeling of a drug, or incident to research,
teaching, or chemical analysis.
(36)
"Medical order" means a lawful order of a practitioner which may include a
prescription drug order.
(37)
"Medication profile" or "profile" means a record system maintained as to drugs or
devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to
analyze the profile to provide pharmaceutical care.
(38)
"Misbranded drug or device" means a drug or device considered misbranded under 21
U.S.C. Sec. 352 (2003).
(39)
(a)
"Nonprescription drug" means a drug which:
(i)
may be sold without a prescription; and
(ii)
is labeled for use by the consumer in accordance with federal law.
(b)
"Nonprescription drug" includes homeopathic remedies.
(40)
"Nonresident pharmacy" means a pharmacy located outside of Utah that sells to a
person in Utah.
(41)
"Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical service.
(42)
"Out-of-state mail service pharmacy" means a pharmaceutical facility located outside
the state that is licensed and in good standing in another state, that:
(a)
ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in
this state pursuant to a lawfully issued prescription;
(b)
provides information to a patient in this state on drugs or devices which may include,
but is not limited to, advice relating to therapeutic values, potential hazards, and uses;
or
(c)
counsels pharmacy patients residing in this state concerning adverse and therapeutic
effects of drugs.
(43)
"Patient counseling" means the written and oral communication by the pharmacist or
pharmacy intern of information, to the patient or caregiver, in order to ensure proper use
of drugs, devices, and dietary supplements.
(44)
"Pharmaceutical administration facility" means a facility, agency, or institution in
which:
(a)
prescription drugs or devices are held, stored, or are otherwise under the control of
the facility or agency for administration to patients of that facility or agency;
(b)
prescription drugs are dispensed to the facility or agency by a licensed pharmacist or
pharmacy intern with whom the facility has established a prescription drug
supervising relationship under which the pharmacist or pharmacy intern provides
counseling to the facility or agency staff as required, and oversees drug control,
accounting, and destruction; and
(c)
prescription drugs are professionally administered in accordance with the order of a
practitioner by an employee or agent of the facility or agency.
(45)
(a)
"Pharmaceutical care" means carrying out the following in collaboration with a
prescribing practitioner, and in accordance with division rule:
(i)
designing, implementing, and monitoring a therapeutic drug plan intended to
achieve favorable outcomes related to a specific patient for the purpose of curing
or preventing the patient's disease;
(ii)
eliminating or reducing a patient's symptoms; or
(iii)
arresting or slowing a disease process.
(b)
"Pharmaceutical care" does not include prescribing of drugs without consent of a
prescribing practitioner.
(46)
"Pharmaceutical facility" means a business engaged in the dispensing, delivering,
distributing, manufacturing, or wholesaling of prescription drugs or devices within or
into this state.
(47)
(a)
"Pharmaceutical wholesaler or distributor" means a pharmaceutical facility
engaged in the business of wholesale vending or selling of a prescription drug or
device to other than a consumer or user of the prescription drug or device that the
pharmaceutical facility has not produced, manufactured, compounded, or dispensed.
(b)
"Pharmaceutical wholesaler or distributor" does not include a pharmaceutical facility
carrying out the following business activities:
(i)
intracompany sales;
(ii)
the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
purchase, or trade a prescription drug or device, if the activity is carried out
between one or more of the following entities under common ownership or
common administrative control, as defined by division rule:
(A)
hospitals;
(B)
pharmacies;
(C)
chain pharmacy warehouses, as defined by division rule; or
(D)
other health care entities, as defined by division rule;
(iii)
the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
purchase, or trade a prescription drug or device, for emergency medical reasons,
including supplying another pharmaceutical facility with a limited quantity of a
drug, if:
(A)
the facility is unable to obtain the drug through a normal distribution channel
in sufficient time to eliminate the risk of harm to a patient that would result
from a delay in obtaining the drug; and
(B)
the quantity of the drug does not exceed an amount reasonably required for
immediate dispensing to eliminate the risk of harm;
(iv)
the distribution of a prescription drug or device as a sample by representatives of
a manufacturer; and
(v)
the distribution of prescription drugs, if:
(A)
the facility's total distribution-related sales of prescription drugs does not
exceed 5% of the facility's total prescription drug sales; and
(B)
the distribution otherwise complies with 21 C.F.R. Sec. 1307.11.
(48)
"Pharmacist" means an individual licensed by this state to engage in the practice of
pharmacy.
(49)
"Pharmacist-in-charge" means a pharmacist currently licensed in good standing who
accepts responsibility for the operation of a pharmacy in conformance with all laws and
rules pertinent to the practice of pharmacy and the distribution of drugs, and who is
personally in full and actual charge of the pharmacy and all personnel.
(50)
"Pharmacist preceptor" means a licensed pharmacist in good standing with one or
more years of licensed experience. The preceptor serves as a teacher, example of
professional conduct, and supervisor of interns in the professional practice of pharmacy.
(51)
"Pharmacy" means any place where:
(a)
drugs are dispensed;
(b)
pharmaceutical care is provided;
(c)
drugs are processed or handled for eventual use by a patient; or
(d)
drugs are used for the purpose of analysis or research.
(52)
"Pharmacy benefits manager or coordinator" means a person or entity that provides a
pharmacy benefits management service as defined in Section
31A-46-102
on behalf of a
self-insured employer, insurance company, health maintenance organization, or other
plan sponsor, as defined by rule.
(53)
"Pharmacy intern" means an individual licensed by this state to engage in practice as a
pharmacy intern.
(54)
"Pharmacy manager" means:
(a)
a pharmacist-in-charge;
(b)
a licensed pharmacist designated by a licensed pharmacy to consult on the
pharmacy's administration;
(c)
an individual who manages the facility in which a licensed pharmacy is located;
(d)
an individual who oversees the operations of a licensed pharmacy;
(e)
an immediate supervisor of an individual described in Subsections
(54)(a)
through
(d)
;
or
(f)
another operations or site manager of a licensed pharmacy.
(55)
"Pharmacy technician training program" means an approved technician training
program providing education for pharmacy technicians.
(56)
(a)
"Practice as a dispensing medical practitioner" means the practice of pharmacy,
specifically relating to the dispensing of a prescription drug in accordance with Part
8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic
Pharmacy, and division rule adopted after consultation with the Board of pharmacy
and the governing boards of the practitioners described in Subsection
(23)(a)
.
(b)
"Practice as a dispensing medical practitioner" does not include:
(i)
using a vending type of dispenser as defined by the division by administrative
rule; or
(ii)
except as permitted by Section
58-17b-805
, dispensing of a controlled substance
as defined in Section
58-37-2
.
(57)
"Practice as a licensed pharmacy technician" means engaging in practice as a
pharmacy technician under the general supervision of a licensed pharmacist and in
accordance with a scope of practice defined by division rule made in collaboration with
the board.
(58)
"Practice of pharmacy" includes the following:
(a)
providing pharmaceutical care;
(b)
collaborative pharmacy practice in accordance with a collaborative pharmacy
practice agreement;
(c)
compounding, packaging, labeling, dispensing, administering, and the coincident
distribution of prescription drugs or devices, provided that the administration of a
prescription drug or device is:
(i)
pursuant to a lawful order of a practitioner when one is required by law; and
(ii)
in accordance with written guidelines or protocols:
(A)
established by the licensed facility in which the prescription drug or device is
to be administered on an inpatient basis; or
(B)
approved by the division, in collaboration with the board and, when
appropriate, the Medical Licensing Board, created in Section
58-67-201
, if the
prescription drug or device is to be administered on an outpatient basis solely
by a licensed pharmacist;
(d)
participating in drug utilization review;
(e)
ensuring proper and safe storage of drugs and devices;
(f)
maintaining records of drugs and devices in accordance with state and federal law
and the standards and ethics of the profession;
(g)
providing information on drugs or devices, which may include advice relating to
therapeutic values, potential hazards, and uses;
(h)
providing drug product equivalents;
(i)
supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy
technicians;
(j)
providing patient counseling, including adverse and therapeutic effects of drugs;
(k)
providing emergency refills as defined by rule;
(l)
telepharmacy;
(m)
formulary management intervention;
(n)
prescribing and dispensing a self-administered hormonal contraceptive in accordance
with Title 26B, Chapter 4, Part 5, Treatment Access; and
(o)
issuing a prescription in accordance with Section
58-17b-610.8
or
58-17b-627
.
(59)
"Practice of telepharmacy" means the practice of pharmacy through the use of
telecommunications and information technologies.
(60)
"Practice of telepharmacy across state lines" means the practice of pharmacy through
the use of telecommunications and information technologies that occurs when the
patient is physically located within one jurisdiction and the pharmacist is located in
another jurisdiction.
(61)
"Practitioner" means an individual currently licensed, registered, or otherwise
authorized by the appropriate jurisdiction to prescribe and administer drugs in the course
of professional practice.
(62)
"Prescribe" means to issue a prescription:
(a)
orally or in writing; or
(b)
by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(63)
"Prescription" means an order issued:
(a)
by a licensed practitioner in the course of that practitioner's professional practice or
by collaborative pharmacy practice agreement; and
(b)
for a controlled substance or other prescription drug or device for use by a patient or
an animal.
(64)
"Prescription device" means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or related article, and any
component part or accessory, which is required under federal or state law to be
prescribed by a practitioner and dispensed by or through a person or entity licensed
under this chapter or exempt from licensure under this chapter.
(65)
"Prescription drug" means a drug that is required by federal or state law or rule to be
dispensed only by prescription or is restricted to administration only by practitioners.
(66)
"Repackage":
(a)
means changing the container, wrapper, or labeling to further the distribution of a
prescription drug; and
(b)
does not include:
(i)
Subsection
(66)(a)
when completed by the pharmacist responsible for dispensing
the product to a patient; or
(ii)
changing or altering a label as necessary for a dispensing practitioner under Part
8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic
Pharmacy, for dispensing a product to a patient.
(67)
"Research using pharmaceuticals" means research:
(a)
conducted in a research facility, as defined by division rule, that is associated with a
university or college in the state accredited by the Northwest Commission on
Colleges and Universities;
(b)
requiring the use of a controlled substance, prescription drug, or prescription device;
(c)
that uses the controlled substance, prescription drug, or prescription device in
accordance with standard research protocols and techniques, including, if required,
those approved by an institutional review committee; and
(d)
that includes any documentation required for the conduct of the research and the
handling of the controlled substance, prescription drug, or prescription device.
(68)
"Retail pharmacy" means a pharmaceutical facility dispensing prescription drugs and
devices to the general public.
(69)
(a)
"Self-administered hormonal contraceptive" means a self-administered hormonal
contraceptive that is approved by the United States Food and Drug Administration to
prevent pregnancy.
(b)
"Self-administered hormonal contraceptive" includes an oral hormonal contraceptive,
a hormonal vaginal ring, and a hormonal contraceptive patch.
(c)
"Self-administered hormonal contraceptive" does not include any drug intended to
induce an abortion, as that term is defined in Section
76-7-301
.
(70)
"Self-audit" means an internal evaluation of a pharmacy to determine compliance with
this chapter.
(71)
"Supervising pharmacist" means a pharmacist who is overseeing the operation of the
pharmacy during a given day or shift.
(72)
"Supportive personnel" means unlicensed individuals who:
(a)
may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed
pharmacy technician in nonjudgmental duties not included in the definition of the
practice of pharmacy, practice of a pharmacy intern, or practice of a licensed
pharmacy technician, and as those duties may be further defined by division rule
adopted in collaboration with the board; and
(b)
are supervised by a pharmacist in accordance with rules adopted by the division in
collaboration with the board.
(73)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-17b-501
.
(74)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501

and
58-17b-502
and may be further defined by rule.
(75)
"Veterinary pharmaceutical facility" means a pharmaceutical facility that dispenses
drugs intended for use by animals or for sale to veterinarians for the administration for
animals.
(76)
"Written communication" means a physical document, or an electronic
communication, by or from which the recipient may read or access the information
intended to be communicated, including:
(a)
email;
(b)
text message; and
(c)
quick response (QR) code.
Section 2. Section
58-17b-612
is amended to read:
58-17b-612
. Supervision -- Pharmacist-in-charge.
(1)
(a)
Any pharmacy, except a wholesaler, distributor, out-of-state mail service
pharmacy, or class E pharmacy, shall be under the general supervision of at least one
pharmacist licensed to practice in Utah. One pharmacist licensed in Utah shall be
designated as the pharmacist-in-charge, whose responsibility it is to oversee the
operation of the pharmacy.
(b)
Notwithstanding Subsection
58-17b-102(70)
58-17b-102(71)
, a supervising
pharmacist does not have to be in the pharmacy or care facility but shall be available
via a telepharmacy system for immediate contact with the supervised pharmacy
technician or pharmacy intern if:
(i)
the pharmacy is located in an area of need as defined by the division, in
consultation with the board, by rule made in accordance with
Title 63G, Chapter
3, Utah Administrative Rulemaking Act
;
(ii)
the supervising pharmacist described in Subsection
(1)(a)
is not available;
(iii)
the telepharmacy system maintains records and files quarterly reports as required
by division rule to assure that patient safety is not compromised; and
(iv)
the arrangement is approved by the division in collaboration with the board.
(c)
Subsection
(1)(b)
applies to a pharmacy that is located in a hospital only if the
hospital is controlled by a local board that owns no more than two hospitals
; and
.
(d)
A supervising pharmacist may not supervise more than two pharmacies
simultaneously under Subsection
(1)(b)
.
(2)
Each out-of-state mail service pharmacy shall designate and identify to the division a
pharmacist holding a current license in good standing issued by the state in which the
pharmacy is located and who serves as the pharmacist-in-charge for all purposes under
this chapter.
Section 3. Section
58-17b-627
is amended to read:
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:
(a)
prescribing the prescription drug or device is within the scope of the pharmacist's
training and experience;
(b)
the prescription drug or device is designated by the division by rule under Subsection
(3)(a)
; and
(c)
the prescription drug or device is not a controlled substance that is included in
Schedules I, II, III, or IV of:
(i)
Section
58-37-4
; or
(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:
(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:
(i)
post-exposure HIV prophylaxis;
(ii)
pre-exposure HIV prophylaxis;
(iii)
self-administered hormonal contraceptives;
(iv)
smoking cessation;
(v)
naloxone;
and
(vi)
fluoride;
(vii)
vaccines; and
(viii)
epinephrine.
(b)
create guidelines that a pharmacist must follow when prescribing a prescription drug
or device, including guidelines:
(i)
for notifying the patient's primary care or other health care provider about the
prescription; and
(ii)
to prevent the over-prescription of drugs or devices including but not limited to
antibiotics;
(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
(d)
implement the provisions of this section.
(4)
The division shall make rules under Subsection
(3)
in collaboration with:
(a)
individuals representing pharmacies and pharmacists;
(b)
individuals representing physicians and advanced practice clinicians; and
(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;
(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
(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:
(a)
develop recommendations for statutory changes to improve patient access to
prescribed drugs in the state; and
(b)
report the recommendations developed under Subsection
(5)(a)
to the Health and
Human Services Interim Committee.
Section 4. Section
58-37c-3
is amended to read:
58-37c-3
. Definitions.
In addition to the definitions in Section
58-1-102
, as used in this chapter:
(1)
"Controlled substance precursor" includes a chemical reagent and means any of the
following:
(a)
Phenyl-2-propanone;
(b)
Methylamine;
(c)
Ethylamine;
(d)
D-lysergic acid;
(e)
Ergotamine and its salts;
(f)
Diethyl malonate;
(g)
Malonic acid;
(h)
Ethyl malonate;
(i)
Barbituric acid;
(j)
Piperidine and its salts;
(k)
N-acetylanthranilic acid and its salts;
(l)
Pyrrolidine;
(m)
Phenylacetic acid and its salts;
(n)
Anthranilic acid and its salts;
(o)
Morpholine;
(p)
Ephedrine;
(q)
Pseudoephedrine;
(r)
Norpseudoephedrine;
(s)
Phenylpropanolamine;
(t)
Benzyl cyanide;
(u)
Ergonovine and its salts;
(v)
3,4-Methylenedioxyphenyl-2-propanone;
(w)
propionic anhydride;
(x)
Insosafrole;
(y)
Safrole;
(z)
Piperonal;
(aa)
N-Methylephedrine;
(bb)
N-ethylephedrine;
(cc)
N-methylpseudoephedrine;
(dd)
N-ethylpseudoephedrine;
(ee)
Hydriotic acid;
(ff)
gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone,
tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not
including gamma aminobutric acid (GABA);
(gg)
1,4 butanediol;
(hh)
any salt, isomer, or salt of an isomer of the chemicals listed in Subsections
(1)(a)

through
(gg)
;
(ii)
Crystal iodine;
(jj)
Iodine at concentrations greater than 1.5% by weight in a solution or matrix;
(kk)
Red phosphorous, except as provided in Section
58-37c-19.7
;
(ll)
anhydrous ammonia, except as provided in Section
58-37c-19.9
;
(mm)
any controlled substance precursor listed under the provisions of the Federal
Controlled Substances Act which is designated by the director under the emergency
listing provisions set forth in Section
58-37c-14
; and
(nn)
any chemical which is designated by the director under the emergency listing
provisions set forth in Section
58-37c-14
.
(2)
"Deliver," "delivery," "transfer," or "furnish" means the actual, constructive, or
attempted transfer of a controlled substance precursor.
(3)
"Matrix" means something, as a substance, in which something else originates,
develops, or is contained.
(4)
"Person" means any individual, group of individuals, proprietorship, partnership, joint
venture, corporation, or organization of any type or kind.
(5)
"Practitioner" means a physician, physician assistant, dentist, podiatric physician,
veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical
manufacturer, or other person licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to, administer, or use in teaching or chemical
analysis a controlled substance in the course of professional practice or research in this
state.
(6)
(a)
"Regulated distributor" means a person within the state who provides, sells,
furnishes, transfers, or otherwise supplies a listed controlled substance precursor
chemical in a regulated transaction.
(b)
"Regulated distributor" does not include any person excluded from regulation under
this chapter.
(7)
(a)
"Regulated purchaser" means any person within the state who receives a listed
controlled substance precursor chemical in a regulated transaction.
(b)
"Regulated purchaser" does not include any person excluded from regulation under
this chapter.
(8)
"Regulated transaction" means any actual, constructive or attempted:
(a)
transfer, distribution, delivery, or furnishing by a person within the state to another
person within or outside of the state of a threshold amount of a listed precursor
chemical; or
(b)
purchase or acquisition by any means by a person within the state from another
person within or outside the state of a threshold amount of a listed precursor chemical.
(9)
"Retail distributor" means a grocery store, general merchandise store, drug store,
online
retailer,
or other entity or person whose activities as a distributor are limited almost
exclusively to sales for personal use:
(a)
in both number of sales and volume of sales; and
(b)
either
directly to walk-in customers or in face-to-face transactions by direct sales
by
direct in-store sales or by online sales fulfilled by
delivery in-person
or curbside
pickup
.
(10)
"Threshold amount of a listed precursor chemical" means any amount of a controlled
substance precursor or a specified amount of a controlled substance precursor in a
matrix; however, the division may exempt from the provisions of this chapter a specific
controlled substance precursor in a specific amount and in certain types of transactions
which provisions for exemption shall be defined by the division by rule adopted
pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(11)
"Unlawful conduct" as defined in Section
58-1-501
includes knowingly and
intentionally:
(a)
engaging in a regulated transaction without first being appropriately licensed or
exempted from licensure under this chapter;
(b)
acting as a regulated distributor and selling, transferring, or in any other way
conveying a controlled substance precursor to a person within the state who is not
appropriately licensed or exempted from licensure as a regulated purchaser, or
selling, transferring, or otherwise conveying a controlled substance precursor to a
person outside of the state and failing to report the transaction as required;
(c)
acting as a regulated purchaser and purchasing or in any other way obtaining a
controlled substance precursor from a person within the state who is not a licensed
regulated distributor, or purchasing or otherwise obtaining a controlled substance
precursor from a person outside of the state and failing to report the transaction as
required;
(d)
engaging in a regulated transaction and failing to submit reports and keep required
records of inventories required under the provisions of this chapter or rules adopted
pursuant to this chapter;
(e)
making any false statement in any application for license, in any record to be kept, or
on any report submitted as required under this chapter;
(f)
with the intent of causing the evasion of the recordkeeping or reporting requirements
of this chapter and rules related to this chapter, receiving or distributing any listed
controlled substance precursor chemical in any manner designed so that the making
of records or filing of reports required under this chapter is not required;
(g)
failing to take immediate steps to comply with licensure, reporting, or recordkeeping
requirements of this chapter because of lack of knowledge of those requirements,
upon becoming informed of the requirements;
(h)
presenting false or fraudulent identification where or when receiving or purchasing a
listed controlled substance precursor chemical;
(i)
creating a chemical mixture for the purpose of evading any licensure, reporting or
recordkeeping requirement of this chapter or rules related to this chapter, or receiving
a chemical mixture created for that purpose;
(j)
if the person is at least 18 years
of ag
e
old
, employing, hiring, using, persuading,
inducing, enticing, or coercing another person under 18 years
of ag
e
old

to violate
any provision of this chapter, or assisting in avoiding detection or apprehension for
any violation of this chapter by any federal, state, or local law enforcement official;
and
(k)
obtaining or attempting to obtain or to possess any controlled substance precursor or
any combination of controlled substance precursors knowing or having a reasonable
cause to believe that the controlled substance precursor is intended to be used in the
unlawful manufacture of any controlled substance.
(12)
"Unprofessional conduct" as defined in Section
58-1-102
and as may be further
defined by rule includes the following:
(a)
violation of any provision of this chapter, the Controlled Substance Act of this state
or any other state, or the
Federal
f
e
d
e
r
a
l
Controlled Substance Act; and
(b)
refusing to allow agents or representatives of the division or authorized law
enforcement personnel to inspect inventories or controlled substance precursors or
records or reports relating to purchases and sales or distribution of controlled
substance precursors as such records and reports are required under this chapter.
Section 5. Section
58-37c-22
is enacted to read:
58-37c-22
. Online sales of pseudoephedrine -- Electronic tracking system.
(1)
As used in this section:
(a)
"Electronic tracking system" means the real-time, stop-sale electronic sales tracking
system described in Subsection
(2)
.
(b)
"Product" means the same as that term is defined in Section
58-37c-20.5
.
(c)
"Stop-sale alert" means an alert an electronic tracking system sends to a retail
distributor to stop the sale of a product if the sale would violate Section
58-37c-20.5

or any other law that prohibits the sale of a product.
(2)
Except as provided in Subsection
(4)
, the division shall, in accordance with Title 63G,
Chapter 3, Utah Administrative
Rulemaking Act, make rules, in consultation with the
Board of Pharmacy, to:
(a)
approve and implement a real-time, stop-sale electronic sales tracking system to
monitor the nonprescription sale, including the online sale, of products by a retail
distributor; and
(b)
establish procedures for the online sale of a product.
(3)
The electronic tracking system shall:
(a)
be capable of:
(i)
allowing a retail distributor or purchaser of a product to electronically submit
information to the electronic tracking system before the sale of a product;
(ii)
determining whether the sale of the product would violate Section
58-37c-20.5
or
any other law that prohibits the sale of a product;
(iii)
sending a stop-sale alert;
(iv)
allowing a retail distributor to override a stop-sale alert;
(v)
logging each instance of a stop-sale alert override; and
(vi)
allowing law enforcement agencies to access the electronic tracking system's
records of a sale or attempted sale of a product; and
(b)
be free of charge for use by retail distributors and law enforcement agencies.
(4)
(a)
If a real-time, stop-sale electronic sales tracking system is not available to the
state without charge for accessing the system to the state or retailers, the division is
not required to approve and implement an electronic tracking system.
(b)
If the division does not approve and implement an electronic tracking system, the
online sale of a product is prohibited.
(5)
After the division approves an electronic tracking system, the division, in coordination
with the Board of Pharmacy, shall notify each retail distributor of the approved
electronic tracking system.
(6)
A retail distributor shall obtain all required information from the purchaser of a product
and submit the information to the electronic tracking system before completing a sale as
described in this section.
(7)
A retail distributor that participates in the electronic tracking system may not complete a
sale for which the electronic tracking system sends a stop-sale alert.
(8)
Records a retail distributor submits to the electronic tracking system are for the
confidential use of the retail distributor, except that the retail distributor shall:
(a)
produce the records in court when required by law;
(b)
make the records available for inspection by the division and the board; and
(c)
make the records available to:
(i)
the Criminal Investigations and Technical Services Division of the Department of
Public Safety created in Section
53-10-103
, for the purpose of enforcing this
chapter; and
(ii)
federal law enforcement officers.
(9)
The rules the division makes to implement the electronic tracking system shall:
(a)
establish the minimum requirements for the electronic tracking system;
(b)
establish regulations for use of, and access to, the electronic tracking system;
(c)
establish exceptions to the prohibition in Subsection
(7)
, including:
(i)
if a pharmacist or an employee of a retail distributor has a reasonable fear of
imminent bodily harm if the sale is not completed; and
(ii)
if a retail distributor experiences a mechanical or electronic failure of the
electronic tracking system; and
(d)
require a retail distributor to submit the following to the electronic tracking system
for each online sale of a product:
(i)
the purchaser's name and address;
(ii)
the purchaser's signature, either on a written form or stored electronically in the
electronic tracking system, attesting to the validity of all information the purchaser
provides in the electronic tracking system;
(iii)
the type of identification the purchaser presented in accordance with Section
58-37c-20.5
;
(iv)
the identification number and name of the government entity that issued the
identification described in Subsection
(9)(d)(iii)
;
(v)
the date and time of the sale of the product; and
(vi)
the name and quantity of the product sold.
(10)
A retail distributor that participates in the electronic tracking system is not liable for
civil damages that are the result of:
(a)
any act or omission in carrying out the requirements of this section, rules the division
makes in accordance with this section, or Section
58-37c-20.5
, except for an act or
omission that constitutes gross negligence or willful misconduct; and
(b)
a data breach that was proximately caused by the electronic tracking system's failure
to take reasonable care through the use of industry standard levels of encryption to
guard against unauthorized access to account information that is in the possession or
control of the electronic tracking system.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 2:34 PM