SB 261 — Pharmacy Practice Amendments

- 7 - SB0261 compared with SB0261S01 (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.

352 (2003).

(39)(39)(a) (a) "Nonprescription drug" means a drug which:

or (c) counsels pharmacy patients residing in this state concerning adverse and therapeutic effects- of7 drugs.- S.B.

261 Enrolled Copy effects of drugs.

-(45)(a) 8 - SB0261 compared with SB0261S01 (45) (a) "Pharmaceutical care" means carrying out the following in collaboration with a prescribing practitioner, and in accordance with division rule:

(47)(47)(a) (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.

(ii)- the8 sale,- purchase,Enrolled orCopy tradeS.B. 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:

261 (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:

- 9 - SB0261 compared with SB0261S01 (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;

(b)- pharmaceutical9 care- isS.B. provided;

261 Enrolled Copy (b) pharmaceutical care is provided;

- 10 - SB0261 compared with SB0261S01 (b) a licensed pharmacist designated by a licensed pharmacy to consult on the pharmacy's administration;

(56)(56)(a) (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).

(58)- "Practice10 of- pharmacy"Enrolled includesCopy theS.B. following:

261 (58) "Practice of pharmacy" includes the following:

or - 11 - SB0261 compared with SB0261S01 (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;

(60) "Practice of telepharmacy across state lines" means the practice of pharmacy through the- use11 of- telecommunicationsS.B. and information technologies that occurs when the patient is physically located within one jurisdiction and the pharmacist is located in another jurisdiction.

261 Enrolled Copy 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.

- 12 - SB0261 compared with SB0261S01 (a) by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement;

(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- and12 Universities;- Enrolled Copy S.B.

261 Colleges and Universities;

(69)(69)(a) - 13 - SB0261 compared with SB0261S01 (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.

(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.- 13 - S.B.

261 Enrolled Copy animals.

58-17b-612.58-17b-612 .

(1)(1)(a) (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 - 14 - SB0261 compared with SB0261S01 in Utah.

58-17b-627.- 14 - Enrolled Copy S.B.

261 58-17b-627 .

- 15 - SB0261 compared with SB0261S01 (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:

(v) naloxone;[ {[} and] (vi) fluoride;

and (d)- implement15 the- provisionsS.B. of this section.

261 Enrolled Copy (d) implement the provisions of this section.

and (c)(c)(i) (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;

and - 16 - SB0261 compared with SB0261S01 (b) report the recommendations developed under Subsection (5)(a) to the Health and Human Services Interim Committee.

58-37c-3.58-37c-3 .

(n)- Anthranilic16 acid- andEnrolled itsCopy salts;S.B.

261 (n) Anthranilic acid and its salts;

- 17 - SB0261 compared with SB0261S01 (z) Piperonal;

(ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-tetrahydro-2-furanone, furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);

(2) "Deliver," "delivery," "transfer," or "furnish" means the actual, constructive, or attempted- transfer17 of- aS.B. controlled substance precursor.

261 Enrolled Copy attempted transfer of a controlled substance precursor.

-(6)(a) 18 - SB0261 compared with SB0261S01 (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.

(7)(7)(a) (a) "Regulated purchaser" means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction.

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 {in-person or curbside pickup} delivery in-person or curbside pickup.

(10) "Threshold amount of a listed precursor chemical" means any amount of a controlled substance- precursor18 or- aEnrolled specifiedCopy amountS.B. of a controlled substance precursor in a matrix;

261 substance precursor or a specified amount of a controlled substance precursor in a matrix;

(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 - 19 - SB0261 compared with SB0261S01 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;

(i) creating a chemical mixture for the purpose of evading any licensure, reporting or recordkeeping- requirement19 of- thisS.B. chapter or rules related to this chapter, or receiving a chemical mixture created for that purpose;

261 Enrolled Copy recordkeeping requirement of this chapter or rules related to this chapter, or receiving a chemical mixture created for that purpose;

- 20 - SB0261 compared with SB0261S01 (12) "Unprofessional conduct" as defined in Section 58-1-102 and as may be further defined by rule includes the following:

Section 558-37c-22 is enacted to read:

58-37c-22.58-37c-22 .

(2) {The } 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:

and (b)- establish20 procedures- forEnrolled theCopy onlineS.B. sale of a product.

261 (b) establish procedures for the online sale of a product.

- 21 - SB0261 compared with SB0261S01 (v) logging each instance of a stop-sale alert override;

(4)(4)(a) (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.

(4){(5)}(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.

(5){(6)}(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.

(6){(7)}(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.

(7){(8)}(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:

and (ii)- federal21 law- enforcementS.B. officers.

(8){(9)}261 TheEnrolled rulesCopy the(ii) divisionfederal makeslaw toenforcement implementofficers. the electronic tracking system shall:

(9) The rules the division makes to implement the electronic tracking system shall:

(c) establish exceptions to the prohibition in Subsection {(6)} (7), including:

and - 22 - SB0261 compared with SB0261S01 (ii) if a retail distributor experiences a mechanical or electronic failure of the electronic tracking system;

(iv) the identification number and name of the government entity that issued the identification described in Subsection {(8)(d)(iii)} (9)(d)(iii);

(9){(10)}(10) A retail distributor that participates in the electronic tracking system is not liable for civil damages that are the result of:

Effective date.

2-11-26 10:11 PM - 2322 -