S.B. 194

1

PHARMACY PRACTICE ACT AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Evan J. Vickers
5 House Sponsor: Dean Sanpei
6
7 LONG TITLE
8 General Description:
9 This bill amends the Pharmacy Practice Act.
10 Highlighted Provisions:
11 This bill:
12 . deletes "extern" from Pharmacy Practice Act definitions;
13 . amends the definition of "pharmaceutical wholesaler or distributor";
14 . amends the definition of "practice as a licensed pharmacy technician";
15 . amends pharmacy intern licensure qualifications;
16 . amends pharmacy technician licensure qualifications;
17 . makes conforming amendments; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 58-17b-102, as last amended by Laws of Utah 2012, Chapters 265 and 320
26 58-17b-304, as last amended by Laws of Utah 2012, Chapter 93
27 58-17b-305, as last amended by Laws of Utah 2012, Chapter 93

28 58-17b-612, as last amended by Laws of Utah 2010, Chapter 101
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 58-17b-102 is amended to read:
32 58-17b-102. Definitions.
33 In addition to the definitions in Section 58-1-102 , as used in this chapter:
34 (1) "Administering" means:
35 (a) the direct application of a prescription drug or device, whether by injection,
36 inhalation, ingestion, or by any other means, to the body of a human patient or research subject
37 by another person; or
38 (b) the placement by a veterinarian with the owner or caretaker of an animal or group
39 of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other
40 means directed to the body of the animal by the owner or caretaker in accordance with written
41 or verbal directions of the veterinarian.
42 (2) "Adulterated drug or device" means a drug or device considered adulterated under
43 21 U.S.C.S. Sec. 351 (2003).
44 (3) (a) "Analytical laboratory" means a facility in possession of prescription drugs for
45 the purpose of analysis.
46 (b) "Analytical laboratory" does not include a laboratory possessing prescription drugs
47 used as standards and controls in performing drug monitoring or drug screening analysis if the
48 prescription drugs are prediluted in a human or animal body fluid, human or animal body fluid
49 components, organic solvents, or inorganic buffers at a concentration not exceeding one
50 milligram per milliliter when labeled or otherwise designated as being for in vitro diagnostic
51 use.
52 (4) "Animal euthanasia agency" means an agency performing euthanasia on animals by
53 the use of prescription drugs.
54 (5) "Automated pharmacy systems" includes mechanical systems which perform
55 operations or activities, other than compounding or administration, relative to the storage,
56 packaging, dispensing, or distribution of medications, and which collect, control, and maintain
57 all transaction information.
58 (6) "Beyond use date" means the date determined by a pharmacist and placed on a

59 prescription label at the time of dispensing that indicates to the patient or caregiver a time
60 beyond which the contents of the prescription are not recommended to be used.
61 (7) "Board of pharmacy" or "board" means the Utah State Board of Pharmacy created
62 in Section 58-17b-201 .
63 (8) "Branch pharmacy" means a pharmacy or other facility in a rural or medically
64 underserved area, used for the storage and dispensing of prescription drugs, which is dependent
65 upon, stocked by, and supervised by a pharmacist in another licensed pharmacy designated and
66 approved by the division as the parent pharmacy.
67 (9) "Centralized prescription processing" means the processing by a pharmacy of a
68 request from another pharmacy to fill or refill a prescription drug order or to perform
69 processing functions such as dispensing, drug utilization review, claims adjudication, refill
70 authorizations, and therapeutic interventions.
71 (10) "Class A pharmacy" means a pharmacy located in Utah that is authorized as a
72 retail pharmacy to compound or dispense a drug or dispense a device to the public under a
73 prescription order.
74 (11) "Class B pharmacy":
75 (a) means a pharmacy located in Utah:
76 (i) that is authorized to provide pharmaceutical care for patients in an institutional
77 setting; and
78 (ii) whose primary purpose is to provide a physical environment for patients to obtain
79 health care services; and
80 (b) (i) includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and
81 (ii) pharmaceutical administration and sterile product preparation facilities.
82 (12) "Class C pharmacy" means a pharmacy located in Utah that is authorized to
83 engage in the manufacture, production, wholesale, or distribution of drugs or devices.
84 (13) "Class D pharmacy" means a nonresident pharmacy.
85 (14) "Class E pharmacy" means all other pharmacies.
86 (15) "Closed-door pharmacy" means a pharmacy that provides pharmaceutical care to a
87 defined and exclusive group of patients who have access to the services of the pharmacy
88 because they are treated by or have an affiliation with a specific entity, including a health
89 maintenance organization or an infusion company, but not including a hospital pharmacy, a

90 retailer of goods to the general public, or the office of a practitioner.
91 (16) "Collaborative pharmacy practice" means a practice of pharmacy whereby one or
92 more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or
93 more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical
94 care functions authorized by the practitioner or practitioners under certain specified conditions
95 or limitations.
96 (17) "Collaborative pharmacy practice agreement" means a written and signed
97 agreement between one or more pharmacists and one or more practitioners that provides for
98 collaborative pharmacy practice for the purpose of drug therapy management of patients and
99 prevention of disease of human subjects.
100 (18) (a) "Compounding" means the preparation, mixing, assembling, packaging, or
101 labeling of a limited quantity drug, sterile product, or device:
102 (i) as the result of a practitioner's prescription order or initiative based on the
103 practitioner, patient, or pharmacist relationship in the course of professional practice;
104 (ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and
105 not for sale or dispensing; or
106 (iii) in anticipation of prescription drug orders based on routine, regularly observed
107 prescribing patterns.
108 (b) "Compounding" does not include:
109 (i) the preparation of prescription drugs by a pharmacist or pharmacy intern for sale to
110 another pharmacist or pharmaceutical facility;
111 (ii) the preparation by a pharmacist or pharmacy intern of any prescription drug in a
112 dosage form which is regularly and commonly available from a manufacturer in quantities and
113 strengths prescribed by a practitioner; or
114 (iii) the preparation of a prescription drug, sterile product, or device which has been
115 withdrawn from the market for safety reasons.
116 (19) "Confidential information" has the same meaning as "protected health
117 information" under the Standards for Privacy of Individually Identifiable Health Information,
118 45 C.F.R. Parts 160 and 164.
119 (20) "Controlled substance" has the same definition as in Section 58-37-2 .
120 (21) "Dietary supplement" has the same meaning as Public Law Title 103, Chapter

121 417, Sec. 3a(ff) which is incorporated by reference.
122 (22) "Dispense" means the interpretation, evaluation, and implementation of a
123 prescription drug order or device or nonprescription drug or device under a lawful order of a
124 practitioner in a suitable container appropriately labeled for subsequent administration to or use
125 by a patient, research subject, or an animal.
126 (23) "Distribute" means to deliver a drug or device other than by administering or
127 dispensing.
128 (24) (a) "Drug" means:
129 (i) a substance recognized in the official United States Pharmacopoeia, Official
130 Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
131 supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
132 prevention of disease in humans or animals;
133 (ii) a substance that is required by any applicable federal or state law or rule to be
134 dispensed by prescription only or is restricted to administration by practitioners only;
135 (iii) a substance other than food intended to affect the structure or any function of the
136 body of humans or other animals; and
137 (iv) substances intended for use as a component of any substance specified in
138 Subsections (24)(a)(i), (ii), (iii), and (iv).
139 (b) "Drug" does not include dietary supplements.
140 (25) "Drug product equivalent" means a drug product that is designated as the
141 therapeutic equivalent of another drug product in the Approved Drug Products with
142 Therapeutic Equivalence Evaluations prepared by the Center for Drug Evaluation and Research
143 of the Federal Food and Drug Administration.
144 (26) "Drug regimen review" includes the following activities:
145 (a) evaluation of the prescription drug order and patient record for:
146 (i) known allergies;
147 (ii) rational therapy-contraindications;
148 (iii) reasonable dose and route of administration; and
149 (iv) reasonable directions for use;
150 (b) evaluation of the prescription drug order and patient record for duplication of
151 therapy;

152 (c) evaluation of the prescription drug order and patient record for the following
153 interactions:
154 (i) drug-drug;
155 (ii) drug-food;
156 (iii) drug-disease; and
157 (iv) adverse drug reactions; and
158 (d) evaluation of the prescription drug order and patient record for proper utilization,
159 including over- or under-utilization, and optimum therapeutic outcomes.
160 (27) "Drug sample" means a prescription drug packaged in small quantities consistent
161 with limited dosage therapy of the particular drug, which is marked "sample", is not intended to
162 be sold, and is intended to be provided to practitioners for the immediate needs of patients for
163 trial purposes or to provide the drug to the patient until a prescription can be filled by the
164 patient.
165 (28) "Electronic signature" means a trusted, verifiable, and secure electronic sound,
166 symbol, or process attached to or logically associated with a record and executed or adopted by
167 a person with the intent to sign the record.
168 (29) "Electronic transmission" means transmission of information in electronic form or
169 the transmission of the exact visual image of a document by way of electronic equipment.
170 [(30) "Extern" means a college of pharmacy student enrolled in a college coordinated
171 practical experience program in a health care setting under the supervision of a preceptor, as
172 defined in this act, and approved by a college of pharmacy.]
173 [(31)] (30) "Hospital pharmacy" means a pharmacy providing pharmaceutical care to
174 inpatients of a general acute hospital or specialty hospital licensed by the Department of Health
175 under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
176 [(32)] (31) "Legend drug" has the same meaning as prescription drug.
177 [(33)] (32) "Licensed pharmacy technician" means an individual licensed with the
178 division, that may, under the supervision of a pharmacist, perform the activities involved in the
179 technician practice of pharmacy.
180 [(34)] (33) "Manufacturer" means a person or business physically located in Utah
181 licensed to be engaged in the manufacturing of drugs or devices.
182 [(35)] (34) (a) "Manufacturing" means:

183 (i) the production, preparation, propagation, conversion, or processing of a drug or
184 device, either directly or indirectly, by extraction from substances of natural origin or
185 independently by means of chemical or biological synthesis, or by a combination of extraction
186 and chemical synthesis, and includes any packaging or repackaging of the substance or labeling
187 or relabeling of its container; and
188 (ii) the promotion and marketing of such drugs or devices.
189 (b) "Manufacturing" includes the preparation and promotion of commercially available
190 products from bulk compounds for resale by pharmacies, practitioners, or other persons.
191 (c) "Manufacturing" does not include the preparation or compounding of a drug by a
192 pharmacist, pharmacy intern, or practitioner for that individual's own use or the preparation,
193 compounding, packaging, labeling of a drug, or incident to research, teaching, or chemical
194 analysis.
195 [(36)] (35) "Medical order" means a lawful order of a practitioner which may include a
196 prescription drug order.
197 [(37)] (36) "Medication profile" or "profile" means a record system maintained as to
198 drugs or devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to
199 analyze the profile to provide pharmaceutical care.
200 [(38)] (37) "Misbranded drug or device" means a drug or device considered
201 misbranded under 21 U.S.C.S. Sec. 352 (2003).
202 [(39)] (38) (a) "Nonprescription drug" means a drug which:
203 (i) may be sold without a prescription; and
204 (ii) is labeled for use by the consumer in accordance with federal law.
205 (b) "Nonprescription drug" includes homeopathic remedies.
206 [(40)] (39) "Nonresident pharmacy" means a pharmacy located outside of Utah that
207 sells to a person in Utah.
208 [(41)] (40) "Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical
209 service.
210 [(42)] (41) "Out-of-state mail service pharmacy" means a pharmaceutical facility
211 located outside the state that is licensed and in good standing in another state, that:
212 (a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in
213 this state pursuant to a lawfully issued prescription;

214 (b) provides information to a patient in this state on drugs or devices which may
215 include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses;
216 or
217 (c) counsels pharmacy patients residing in this state concerning adverse and therapeutic
218 effects of drugs.
219 [(43)] (42) "Patient counseling" means the written and oral communication by the
220 pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure
221 proper use of drugs, devices, and dietary supplements.
222 [(44)] (43) "Pharmaceutical administration facility" means a facility, agency, or
223 institution in which:
224 (a) prescription drugs or devices are held, stored, or are otherwise under the control of
225 the facility or agency for administration to patients of that facility or agency;
226 (b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist
227 or pharmacy intern with whom the facility has established a prescription drug supervising
228 relationship under which the pharmacist or pharmacy intern provides counseling to the facility
229 or agency staff as required, and oversees drug control, accounting, and destruction; and
230 (c) prescription drugs are professionally administered in accordance with the order of a
231 practitioner by an employee or agent of the facility or agency.
232 [(45)] (44) (a) "Pharmaceutical care" means carrying out the following in collaboration
233 with a prescribing practitioner, and in accordance with division rule:
234 (i) designing, implementing, and monitoring a therapeutic drug plan intended to
235 achieve favorable outcomes related to a specific patient for the purpose of curing or preventing
236 the patient's disease;
237 (ii) eliminating or reducing a patient's symptoms; or
238 (iii) arresting or slowing a disease process.
239 (b) "Pharmaceutical care" does not include prescribing of drugs without consent of a
240 prescribing practitioner.
241 [(46)] (45) "Pharmaceutical facility" means a business engaged in the dispensing,
242 delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within
243 or into this state.
244 [(47)] (46) (a) "Pharmaceutical wholesaler or distributor" means a pharmaceutical

245 facility engaged in the business of wholesale vending or selling of [any] a prescription drug or
246 device to other than [the] a consumer or user of the prescription drug or device[, which] that
247 the pharmaceutical facility has not produced, manufactured, compounded, or dispensed.
248 (b) "Pharmaceutical wholesaler or distributor" does not include a pharmaceutical
249 facility carrying out the following business activities:
250 (i) intracompany sales;
251 (ii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
252 purchase, or trade a prescription drug or device, if the activity is carried out between one or
253 more of the following entities under common ownership or common administrative control, as
254 defined by division rule:
255 (A) hospitals [or other health care facilities that are under common ownership or
256 control of the management and operation of the facilities];
257 (B) pharmacies;
258 (C) chain pharmacy warehouses, as defined by division rule; or
259 (D) other health care entities, as defined by division rule;
260 (iii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
261 purchase, or trade a prescription drug or device, for emergency medical reasons, [or to supply
262 another] including supplying another pharmaceutical facility [to alleviate a temporary shortage;
263 or] with a limited quantity of a drug, if:
264 (A) the facility is unable to obtain the drug through a normal distribution channel or
265 other source in sufficient time to eliminate the risk of harm to a patient that would result from a
266 delay in obtaining the drug; and
267 (B) the quantity of the drug does not exceed an amount reasonably required for
268 immediate dispensing to eliminate the risk of harm;
269 (iv) the distribution of a prescription drug or device as a sample by representatives of a
270 manufacturer[.]; and
271 (v) the distribution of prescription drugs, if:
272 (A) the dosage units distributed during a calendar year do not exceed five percent of
273 the sum of the dosage units distributed by the facility during the calendar year and the dosage
274 units dispensed by the facility during the calendar year; and
275 (B) the distribution otherwise complies with 21 C.F.R. Sec. 1307.11.

276 [(48)] (47) "Pharmacist" means an individual licensed by this state to engage in the
277 practice of pharmacy.
278 [(49)] (48) "Pharmacist-in-charge" means a pharmacist currently licensed in good
279 standing who accepts responsibility for the operation of a pharmacy in conformance with all
280 laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is
281 personally in full and actual charge of the pharmacy and all personnel.
282 [(50)] (49) "Pharmacist preceptor" means a licensed pharmacist in good standing with
283 one or more years of licensed experience. The preceptor serves as a teacher, example of
284 professional conduct, and supervisor of interns in the professional practice of pharmacy.
285 [(51)] (50) "Pharmacy" means any place where:
286 (a) drugs are dispensed;
287 (b) pharmaceutical care is provided;
288 (c) drugs are processed or handled for eventual use by a patient; or
289 (d) drugs are used for the purpose of analysis or research.
290 [(52)] (51) "Pharmacy benefits manager or coordinator" means a person or entity that
291 provides pharmacy benefit management services as defined in Section 49-20-502 on behalf of a
292 self-insured employer, insurance company, health maintenance organization, or other plan
293 sponsor, as defined by rule.
294 [(53)] (52) "Pharmacy intern" means an individual licensed by this state to engage in
295 practice as a pharmacy intern.
296 [(54)] (53) "Pharmacy technician training program" means an approved technician
297 training program providing education for pharmacy technicians.
298 [(55)] (54) (a) "Practice as a licensed pharmacy technician" means engaging in practice
299 as a pharmacy technician under the general supervision of a licensed pharmacist and in
300 accordance with a scope of practice defined by division rule made in collaboration with the
301 board.
302 (b) "Practice as a licensed pharmacy technician" does not include:
303 (i) performing a drug utilization review, prescription drug order clarification from a
304 prescriber, [final review of the prescription and prescribed drug prepared for dispensing,]
305 dispensing of the drug, or counseling a patient with respect to a prescription drug;
306 (ii) except as permitted by rules made by the division in consultation with the board:

307 (A) final review of a prescription; or
308 (B) final review of a prescribed drug prepared for dispensing;
309 [(ii)] (iii) counseling regarding nonprescription drugs and dietary supplements unless
310 delegated by the supervising pharmacist; or
311 [(iii)] (iv) receiving new prescription drug orders when communicating telephonically
312 or electronically unless the original information is recorded so the pharmacist may review the
313 prescription drug order as transmitted.
314 [(56)] (55) "Practice of pharmacy" includes the following:
315 (a) providing pharmaceutical care;
316 (b) collaborative pharmacy practice in accordance with a collaborative pharmacy
317 practice agreement;
318 (c) compounding, packaging, labeling, dispensing, administering, and the coincident
319 distribution of prescription drugs or devices, provided that the administration of a prescription
320 drug or device is:
321 (i) pursuant to a lawful order of a practitioner when one is required by law; and
322 (ii) in accordance with written guidelines or protocols:
323 (A) established by the licensed facility in which the prescription drug or device is to be
324 administered on an inpatient basis; or
325 (B) approved by the division, in collaboration with the board and the Physicians
326 Licensing Board, created in Section 58-67-201 , if the prescription drug or device is to be
327 administered on an outpatient basis solely by a licensed pharmacist;
328 (d) participating in drug utilization review;
329 (e) ensuring proper and safe storage of drugs and devices;
330 (f) maintaining records of drugs and devices in accordance with state and federal law
331 and the standards and ethics of the profession;
332 (g) providing information on drugs or devices, which may include advice relating to
333 therapeutic values, potential hazards, and uses;
334 (h) providing drug product equivalents;
335 (i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy
336 technicians;
337 (j) providing patient counseling, including adverse and therapeutic effects of drugs;

338 (k) providing emergency refills as defined by rule;
339 (l) telepharmacy; and
340 (m) formulary management intervention.
341 [(57)] (56) "Practice of telepharmacy" means the practice of pharmacy through the use
342 of telecommunications and information technologies.
343 [(58)] (57) "Practice of telepharmacy across state lines" means the practice of
344 pharmacy through the use of telecommunications and information technologies that occurs
345 when the patient is physically located within one jurisdiction and the pharmacist is located in
346 another jurisdiction.
347 [(59)] (58) "Practitioner" means an individual currently licensed, registered, or
348 otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the
349 course of professional practice.
350 [(60)] (59) "Prescribe" means to issue a prescription:
351 (a) orally or in writing; or
352 (b) by telephone, facsimile transmission, computer, or other electronic means of
353 communication as defined by division rule.
354 [(61)] (60) "Prescription" means an order issued:
355 (a) by a licensed practitioner in the course of that practitioner's professional practice or
356 by collaborative pharmacy practice agreement; and
357 (b) for a controlled substance or other prescription drug or device for use by a patient
358 or an animal.
359 [(62)] (61) "Prescription device" means an instrument, apparatus, implement, machine,
360 contrivance, implant, in vitro reagent, or other similar or related article, and any component
361 part or accessory, which is required under federal or state law to be prescribed by a practitioner
362 and dispensed by or through a person or entity licensed under this chapter or exempt from
363 licensure under this chapter.
364 [(63)] (62) "Prescription drug" means a drug that is required by federal or state law or
365 rule to be dispensed only by prescription or is restricted to administration only by practitioners.
366 [(64)] (63) "Retail pharmacy" means a pharmaceutical facility dispensing prescription
367 drugs and devices to the general public.
368 [(65)] (64) "Self-audit" means an internal evaluation of a pharmacy to determine

369 compliance with this chapter.
370 [(66)] (65) "Supervising pharmacist" means a pharmacist who is overseeing the
371 operation of the pharmacy during a given day or shift.
372 [(67)] (66) "Supportive personnel" means unlicensed individuals who:
373 (a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed
374 pharmacy technician in nonjudgmental duties not included in the definition of the practice of
375 pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as
376 those duties may be further defined by division rule adopted in collaboration with the board;
377 and
378 (b) are supervised by a pharmacist in accordance with rules adopted by the division in
379 collaboration with the board.
380 [(68)] (67) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-17b-501 .
381 [(69)] (68) "Unprofessional conduct" is as defined in Sections 58-1-501 and
382 58-17b-502 and may be further defined by rule.
383 [(70)] (69) "Veterinary pharmaceutical facility" means a pharmaceutical facility that
384 dispenses drugs intended for use by animals or for sale to veterinarians for the administration
385 for animals.
386 Section 2. Section 58-17b-304 is amended to read:
387 58-17b-304. Qualifications for licensure of pharmacy intern.
388 An applicant for licensure as a pharmacy intern shall:
389 (1) submit an application in a form prescribed by the division;
390 (2) pay a fee determined by the department under Section 63J-1-504 ;
391 (3) produce satisfactory evidence of good moral character as it relates to the applicant's
392 ability to practice pharmacy;
393 (4) complete a criminal background check and be free from criminal convictions as
394 described in Section 58-1-501 ;
395 (5) have no physical or mental condition of a nature which prevents the applicant from
396 engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
397 public;
398 (6) meet the preliminary educational qualifications required by division rule made in
399 collaboration with the board; and

400 (7) meet one of the following educational criteria:
401 (a) be a current pharmacy student, a resident, or fellow in a program approved by
402 division rule made in collaboration with the board; or
403 [(b) have graduated and received a pharmacy degree from a school or college of
404 pharmacy which is accredited by the Accreditation Council on Pharmacy Education but not
405 completed the internship hours required by division rule for licensure as a pharmacist; or]
406 [(c)] (b) have graduated from a foreign pharmacy school and received certification of
407 equivalency from a credentialing agency approved by division rule made in collaboration with
408 the board.
409 Section 3. Section 58-17b-305 is amended to read:
410 58-17b-305. Qualifications for licensure of pharmacy technician.
411 (1) An applicant for licensure as a pharmacy technician shall:
412 (a) submit an application in a form prescribed by the division;
413 (b) pay a fee determined by the department under Section 63J-1-504 ;
414 (c) produce satisfactory evidence of good moral character as it relates to the applicant's
415 ability to practice pharmacy;
416 (d) complete a criminal background check and be free from criminal convictions as
417 described in Section 58-1-501 ;
418 (e) have no physical or mental condition of a nature which prevents the applicant from
419 engaging in practice as a pharmacy technician with reasonable skill, competency, and safety to
420 the public;
421 (f) have completed a [board approved] program and curriculum of education and
422 training, meeting standards established by division rule made in collaboration with the board;
423 and
424 (g) successfully complete the examinations requirement within the time periods
425 established by division rule made in collaboration with the board.
426 (2) A pharmacist whose license has been denied, revoked, suspended, or restricted for
427 disciplinary purposes is not eligible to be a licensed pharmacy technician while on probation
428 with the division.
429 Section 4. Section 58-17b-612 is amended to read:
430 58-17b-612. Supervision -- Pharmacist-in-charge.

431 (1) (a) Any pharmacy, except a wholesaler, distributor, out-of-state mail service
432 pharmacy, or class E pharmacy, shall be under the general supervision of at least one
433 pharmacist licensed to practice in Utah. One pharmacist licensed in Utah shall be designated
434 as the pharmacist-in-charge, whose responsibility it is to oversee the operation of the pharmacy.
435 (b) Notwithstanding Subsection [ 58-17b-102 (66)] 58-17b-102 (65), a supervising
436 pharmacist does not have to be in the pharmacy or care facility but shall be available via a
437 telepharmacy system for immediate contact with the supervised pharmacy technician or
438 pharmacy intern if:
439 (i) the pharmacy is located in:
440 (A) a remote rural hospital, as defined in Section 26-21-13.6 ; or
441 (B) a clinic located in a remote rural county with less than 20 people per square mile;
442 (ii) the supervising pharmacist described in Subsection (1)(a) is not available; and
443 (iii) the telepharmacy system maintains records and files quarterly reports as required
444 by division rule to assure that patient safety is not compromised.
445 (2) Each out-of-state mail service pharmacy shall designate and identify to the division
446 a pharmacist holding a current license in good standing issued by the state in which the
447 pharmacy is located and who serves as the pharmacist-in-charge for all purposes under this
448 chapter.




Legislative Review Note
as of 2-13-13 8:57 AM

Office of Legislative Research and General Counsel

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