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S.B. 160 Enrolled
This bill repeals the requirement for practitioners to have a separate controlled substance
license at each principal place of business, and amends prescription labeling
. repeals the requirement for those licensed to prescribe and administer controlled
substances listed in Schedules I through V to have a separate license at each
principal place of business or professional practice; and
. removes the prescription label provision that required the pharmacist's personal name
to be on the label.
Monies Appropriated in this Bill:
Other Special Clauses:
Utah Code Sections Affected:
58-37-2, as last amended by Chapter 131, Laws of Utah 2003
58-37-6, as last amended by Chapter 33, Laws of Utah 2003
58-37-7, as last amended by Chapter 210, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-37-2 is amended to read:
(1) As used in this chapter:
(a) "Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(i) a practitioner or, in his presence, by his authorized agent; or
(ii) the patient or research subject at the direction and in the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or practitioner but does not include a motor carrier, public
warehouseman, or employee of any of them.
(c) "Continuing criminal enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, association, or other legal entity, and any union or groups
of individuals associated in fact although not a legal entity, and includes illicit as well as licit
entities created or maintained for the purpose of engaging in conduct which constitutes the
commission of episodes of activity made unlawful by Title 58, Chapters 37, 37a, 37b, 37c, or 37d,
which episodes are not isolated, but have the same or similar purposes, results, participants,
victims, methods of commission, or otherwise are interrelated by distinguishing characteristics.
Taken together, the episodes shall demonstrate continuing unlawful conduct and be related either
to each other or to the enterprise.
(d) "Control" means to add, remove, or change the placement of a drug, substance, or
immediate precursor under Section 58-37-3 .
(e) (i) "Controlled substance" means a drug or substance included in Schedules I, II, III,
IV, or V of Section 58-37-4 , and also includes a drug or substance included in Schedules I, II, III,
IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513, or any controlled
(ii) "Controlled substance" does not include:
(A) distilled spirits, wine, or malt beverages, as those terms are defined or used in Title
32A, regarding tobacco or food;
(B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred,
or furnished as an over-the-counter medication without prescription; or
(C) dietary supplements, vitamins, minerals, herbs, or other similar substances including
concentrates or extracts, which are not otherwise regulated by law, which may contain naturally
occurring amounts of chemical or substances listed in this chapter, or in rules adopted pursuant to
Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(f) (i) "Controlled substance analog" means a substance the chemical structure of which is
substantially similar to the chemical structure of a controlled substance listed in Schedules I and II
of Section 58-37-4 , or in Schedules I and II of the federal Controlled Substances Act, Title II,
(A) which has a stimulant, depressant, or hallucinogenic effect on the central nervous
system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
nervous system of controlled substances in the schedules set forth in this subsection; or
(B) which, with respect to a particular individual, is represented or intended to have a
stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar
to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled
substances in the schedules set forth in this Subsection (1).
(ii) "Controlled substance analog" does not include:
(A) a controlled substance currently scheduled in Schedules I through V of Section
(B) a substance for which there is an approved new drug application;
(C) a substance with respect to which an exemption is in effect for investigational use by a
particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 366, to the
extent the conduct with respect to the substance is permitted by the exemption; [
(D) any substance to the extent not intended for human consumption before an exemption
takes effect with respect to the substance[
or prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred,
or furnished as an over-the-counter medication without prescription[
including concentrates or extracts, which are not otherwise regulated by law, which may contain
naturally occurring amounts of chemical or substances listed in this chapter, or in rules adopted
pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(g) "Conviction" means a determination of guilt by verdict, whether jury or bench, or
plea, whether guilty or no contest, for any offense proscribed by Title 58, Chapters 37, 37a, 37b,
37c, or 37d, or for any offense under the laws of the United States and any other state which, if
committed in this state, would be an offense under Title 58, Chapters 37, 37a, 37b, 37c, or 37d.
(h) "Counterfeit substance" means:
(i) any substance or container or labeling of any substance that without authorization
bears the trademark, trade name, or other identifying mark, imprint, number, device, or any
likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons
who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a
controlled substance distributed by, any other manufacturer, distributor, or dispenser; or
(ii) any substance that is represented to be a controlled substance.
(i) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
controlled substance or a listed chemical, whether or not an agency relationship exists.
(j) "Department" means the Department of Commerce.
(k) "Depressant or stimulant substance" means:
(i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric
(ii) a drug which contains any quantity of:
(A) amphetamine or any of its optical isomers;
(B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(C) any substance which the Secretary of Health and Human Services or the Attorney
General of the United States after investigation has found and by regulation designated
habit-forming because of its stimulant effect on the central nervous system; or
(iii) lysergic acid diethylamide; or
(iv) any drug which contains any quantity of a substance which the Secretary of Health
and Human Services or the Attorney General of the United States after investigation has found to
have, and by regulation designated as having, a potential for abuse because of its depressant or
stimulant effect on the central nervous system or its hallucinogenic effect.
(l) "Dispense" means the delivery of a controlled substance by a pharmacist to an ultimate
user pursuant to the lawful order or prescription of a practitioner, and includes distributing to,
leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or
compounding necessary to prepare the substance for delivery.
(m) "Dispenser" means a pharmacist who dispenses a controlled substance.
(n) "Distribute" means to deliver other than by administering or dispensing a controlled
substance or a listed chemical.
(o) "Distributor" means a person who distributes controlled substances.
(p) "Division" means the Division of Occupational and Professional Licensing created in
Section 58-1-103 .
(i) articles recognized in the official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of
(ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of
disease in man or other animals;
(iii) articles, other than food, intended to affect the structure or function of man or other
(iv) articles intended for use as a component of any articles specified in Subsection
uses any controlled substance to endanger the public morals, health, safety, or welfare, or who is
so dependent upon the use of controlled substances as to have lost the power of self-control with
reference to his dependency.
(i) any nutrient or substance of plant, mineral, or animal origin other than a drug as
specified in this chapter, and normally ingested by human beings; and
(ii) foods for special dietary uses as exist by reason of a physical, physiological,
pathological, or other condition including but not limited to the conditions of disease,
convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
overweight; uses for supplying a particular dietary need which exist by reason of age including but
not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying
the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food.
Any particular use of a food is a special dietary use regardless of the nutritional purposes.
United States has found to be, and by regulation designated as being, the principal compound
used or produced primarily for use in the manufacture of a controlled substance, or which is an
immediate chemical intermediary used or likely to be used in the manufacture of a controlled
substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
processing of a controlled substance, either directly or indirectly by extraction from substances of
natural origin, or independently by means of chemical synthesis or by a combination of extraction
and chemical synthesis.
container of any controlled substance, except pharmacists who dispense or compound prescription
orders for delivery to the ultimate consumer.
whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, except the resin extracted from them, fiber, oil or
cake, or the sterilized seed of the plant which is incapable of germination. Any synthetic
equivalents of the substances contained in the plant cannabis sativa or any other species of the
genus cannabis which are chemically indistinguishable and pharmacologically active are also
indirectly by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
(i) opium, coca leaves, and opiates;
(ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or
(iii) opium poppy and poppy straw; or
(iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the
substance, which is chemically identical with any of the substances referred to in Subsection
extracts of coca leaves which do not contain cocaine or ecgonine.
to pay a sum of money, which are legally transferable to another party by endorsement or
addiction-sustaining liability similar to morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability.
the seeds of the plant.
institution or entity or one or more individuals.
occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing,
injection, or consumption, as distinguished from distribution, of controlled substances and
includes individual, joint, or group possession or use of controlled substances. For a person to be
a possessor or user of a controlled substance, it is not required that he be shown to have
individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the
person jointly participated with one or more persons in the use, possession, or control of any
substances with knowledge that the activity was occurring, or the controlled substance is found in
a place or under circumstances indicating that the person had the ability and the intent to exercise
dominion and control over it.
investigator, pharmacy, hospital, 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.
of that practitioner's professional practice, for a controlled substance, other drug, or device which
it dispenses or administers for use by a patient or an animal. The order may be issued by word of
mouth, written document, telephone, facsimile transmission, computer, or other electronic means
of communication as defined by rule.
harvesting of a controlled substance.
substance for his own use, for the use of a member of his household, or for administration to an
animal owned by him or a member of his household.
(2) If a term used in this chapter is not defined, the definition and terms of Title 76, Utah
Criminal Code, shall apply.
Section 2. Section 58-37-6 is amended to read:
58-37-6. License to manufacture, produce, distribute, dispense, administer, or
conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
required -- Prescriptions.
(1) (a) The [
the manufacture, distribution, production, prescription, administration, dispensing, conducting of
research with, and performing of laboratory analysis upon controlled substances within this state.
(b) The [
original and renewal licenses under this chapter pursuant to Section 63-38-3.2 .
(2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
administers, conducts research with, or performs laboratory analysis upon any controlled
substance in Schedules II through V within this state, or who proposes to engage in
manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
research with, or performing laboratory analysis upon controlled substances included in Schedules
II through V within this state shall obtain a license issued by the [
(ii) The division shall issue each license under this chapter in accordance with a two-year
renewal cycle established by rule. The division may by rule extend or shorten a renewal period by
as much as one year to stagger the renewal cycles it administers.
(b) Persons licensed to manufacture, produce, distribute, prescribe, dispense, administer,
conduct research with, or perform laboratory analysis upon controlled substances in Schedules II
through V within this state may possess, manufacture, produce, distribute, prescribe, dispense,
administer, conduct research with, or perform laboratory analysis upon those substances to the
extent authorized by their license and in conformity with this chapter.
(c) The following persons are not required to obtain a license and may lawfully possess
controlled substances under this section:
(i) an agent or employee, except a sales representative, of any registered manufacturer,
distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
usual course of his business or employment; however, nothing in this subsection shall be
interpreted to permit an agent, employee, sales representative, or detail man to maintain an
inventory of controlled substances separate from the location of his employer's registered and
licensed place of business;
(ii) a motor carrier or warehouseman, or an employee of a motor carrier or
warehouseman, who possesses any controlled substance in the usual course of his business or
(iii) an ultimate user, or any person who possesses any controlled substance pursuant to a
lawful order of a practitioner.
(d) The [
manufacturers, producers, distributors, prescribers, dispensers, administrators, research
practitioners, or laboratories performing analysis if consistent with the public health and safety.
(e) A separate license is required at each principal place of business or professional
practice where the applicant manufactures, produces, distributes, [
(f) The [
applicant's establishment, and may inspect the establishment according to those rules.
(3) (a) Upon proper application, the [
applicant to manufacture, produce, distribute, conduct research with, or perform laboratory
analysis upon controlled substances included in Schedules I through V, unless it determines that
issuance of a license is inconsistent with the public interest. The [
issue a license to any person to prescribe, dispense, or administer a Schedule I controlled
substance. In determining public interest, the [
the applicant has:
(i) maintained effective controls against diversion of controlled substances and any
Schedule I or II substance compounded from any controlled substance into other than legitimate
medical, scientific, or industrial channels;
(ii) complied with applicable state and local law;
(iii) been convicted under federal or state laws relating to the manufacture, distribution,
or dispensing of substances;
(iv) past experience in the manufacture of controlled dangerous substances;
(v) established effective controls against diversion; and
(vi) complied with any other factors that the [
promote the public health and safety.
(b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
produce, distribute, conduct research with, or perform laboratory analysis upon controlled
substances in Schedule I other than those specified in the license.
(c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
substances in Schedules II through V if they are authorized to administer, dispense, or conduct
research under the laws of this state.
(ii) The [
engaging in research with nonnarcotic controlled substances in Schedules II through V where the
licensee is already licensed under this act in another capacity.
(iii) With respect to research involving narcotic substances in Schedules II through V, or
where the [
substances in Schedules II through V, a practitioner shall apply to the [
to conducting research.
(iv) Licensing for purposes of bona fide research with controlled substances by a
practitioner considered qualified may be denied only on a ground specified in Subsection (4), or
upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard adequately
his supply of substances against diversion from medical or scientific use.
(v) Practitioners registered under federal law to conduct research in Schedule I
substances may conduct research in Schedule I substances within this state upon furnishing the
(d) Compliance by manufacturers, producers, and distributors with the provisions of
federal law respecting registration, excluding fees, entitles them to be licensed under this chapter.
(e) The [
establishment engaged in the manufacture, production, distribution, dispensation, or
administration of controlled substances prior to April 3, 1980, and who are licensed by the state.
(4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed on
probation, or revoked by the [
(i) materially falsified any application filed or required pursuant to this chapter;
(ii) been convicted of an offense under this chapter or any law of the United States, or any
state, relating to any substance defined as a controlled substance;
(iii) been convicted of a felony under any other law of the United States or any state
within five years of the date of the issuance of the license;
(iv) had a federal license denied, suspended, or revoked by competent federal authority
and is no longer authorized to engage in the manufacturing, distribution, or dispensing of
(v) had his license suspended or revoked by competent authority of another state for
violation of laws or regulations comparable to those of this state relating to the manufacture,
distribution, or dispensing of controlled substances;
(vi) violated any [
reliability and integrity with respect to controlled substances;
(vii) refused inspection of records required to be maintained under this chapter by a
person authorized to inspect them; or
(viii) prescribed, dispensed, administered, or injected an anabolic steroid for the purpose
of manipulating human hormonal structure so as to:
(A) increase muscle mass, strength, or weight without medical necessity and without a
written prescription by any practitioner in the course of his professional practice; or
(B) improve performance in any form of human exercise, sport, or game.
(b) The [
particular controlled substance with respect to which grounds for revocation or suspension exist.
(c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
Occupational and Professional Licensing Act, and conducted in conjunction with the appropriate
representative committee designated by the director of the department.
(ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and Professional
Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses, except where
designated by law, is designated by the executive director of the Department of Commerce to
conduct the proceedings.
(d) (i) The [
institution of proceedings under this section if it finds there is an imminent danger to the public
health or safety.
(ii) Suspension shall continue in effect until the conclusion of proceedings, including
judicial review, unless withdrawn by the [
(e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
substances owned or possessed by the licensee may be placed under seal in the discretion of the
(ii) Disposition may not be made of substances under seal until the time for taking an
appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
orders the sale of perishable substances and the proceeds deposited with the court.
(iii) If a revocation order becomes final, all controlled substances shall be forfeited.
(f) The [
of all orders suspending or revoking a license and all forfeitures of controlled substances.
(5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and inventories
in conformance with the record keeping and inventory requirements of federal and state law and
any additional rules issued by the [
(b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is
authorized to administer or professionally use a controlled substance shall keep a record of the
drugs received by him and a record of all drugs administered, dispensed, or professionally used by
him otherwise than by a prescription.
(ii) A person using small quantities or solutions or other preparations of those drugs for
local application has complied with this Subsection (5)(b) if he keeps a record of the quantity,
character, and potency of those solutions or preparations purchased or prepared by him, and of
the dates when purchased or prepared.
(6) Controlled substances in Schedules I through V may be distributed only by a licensee
and pursuant to an order form prepared in compliance with [
order under the rules and regulations of the United States.
(7) (a) A person may not write or authorize a prescription for a controlled substance
unless he is:
(i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
or under the laws of another state having similar standards; and
(ii) licensed under this chapter or under the laws of another state having similar standards.
(b) A person other than a pharmacist licensed under the laws of this state, or his licensed
intern, as required by Section 58-17a-302 , may not dispense a controlled substance.
(c) (i) A controlled substance may not be dispensed without the written prescription of a
practitioner, if the written prescription is required by the federal Controlled Substances Act.
(ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
conformity with Subsection (7)(d).
(iii) In emergency situations, as defined by [
substances may be dispensed upon oral prescription of a practitioner, if reduced promptly to
writing on forms designated by the [
(iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
(d) Except for emergency situations designated by the [
may not issue, fill, compound, or dispense a prescription for a controlled substance unless the
prescription is signed in ink or indelible pencil by the prescriber and contains the following
(i) the name, address, and registry number of the prescriber;
(ii) the name, address, and age of the person to whom or for whom the prescription is
(iii) the date of issuance of the prescription; and
(iv) the name, quantity, and specific directions for use by the ultimate user of the
(e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
(f) Except when administered directly to an ultimate user by a licensed practitioner,
controlled substances are subject to the following restrictions:
(i) (A) A prescription for a Schedule II substance may not be refilled.
(B) A Schedule II controlled substance may not be filled in a quantity to exceed a
one-month's supply, as directed on the daily dosage rate of the prescriptions.
(ii) A Schedule III or IV controlled substance may be filled only within six months of
issuance, and may not be refilled more than six months after the date of its original issuance or be
refilled more than five times after the date of the prescription unless renewed by the practitioner.
(iii) All other controlled substances in Schedule V may be refilled as the prescriber's
prescription directs, but they may not be refilled one year after the date the prescription was
issued unless renewed by the practitioner.
(iv) Any prescription for a Schedule II substance may not be dispensed if it is not
presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days after
the date the prescription was issued, or 30 days after the dispensing date, if that date is specified
separately from the date of issue.
(v) A practitioner may issue more than one prescription at the same time for the same
Schedule II controlled substance, but only under the following conditions:
(A) no more than three prescriptions for the same Schedule II controlled substance may
be issued at the same time;
(B) no one prescription may exceed a 30-day supply;
(C) a second or third prescription shall include the date of issuance and the date for
(D) unless the practitioner determines there is a valid medical reason to the contrary, the
date for dispensing a second or third prescription may not be fewer than 30 days from the
dispensing date of the previous prescription.
(vi) Each prescription for a controlled substance may contain only one controlled
substance per prescription form and may not contain any other legend drug or prescription item.
(g) An order for a controlled substance in Schedules II through V for use by an inpatient
or an outpatient of a licensed hospital is exempt from all requirements of this Subsection (7) if the
(i) issued or made by a prescribing practitioner who holds an unrestricted registration
with the federal Drug Enforcement Administration, and an active Utah controlled substance
license in good standing issued by the division under this section, or a medical resident who is
exempted from licensure under Subsection 58-1-307 (1)(c);
(ii) authorized by the prescribing practitioner treating the patient and the prescribing
practitioner designates the quantity ordered;
(iii) entered upon the record of the patient, the record is signed by the prescriber affirming
his authorization of the order within 48 hours after filling or administering the order, and the
patient's record reflects the quantity actually administered; and
(iv) filled and dispensed by a pharmacist practicing his profession within the physical
structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital
and the amount taken from the supply is administered directly to the patient authorized to receive
(h) A practitioner licensed under this chapter may not prescribe, administer, or dispense a
controlled substance to a minor, without first obtaining the consent required in Section 78-14-5 of
a parent, guardian, or person standing in loco parentis of the minor except in cases of an
emergency. For purposes of this Subsection (7)(h), "minor" has the same meaning as defined in
Section 78-3a-103 , and "emergency" means any physical condition requiring the administration of
a controlled substance for immediate relief of pain or suffering.
(i) A practitioner licensed under this chapter may not prescribe or administer dosages of a
controlled substance in excess of medically recognized quantities necessary to treat the ailment,
malady, or condition of the ultimate user.
(j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
any controlled substance to another person knowing that the other person is using a false name,
address, or other personal information for the purpose of securing the controlled substance.
(k) A person who is licensed under this chapter to manufacture, distribute, or dispense a
controlled substance may not manufacture, distribute, or dispense a controlled substance to
another licensee or any other authorized person not authorized by this license.
(l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
symbol required by this chapter or by a rule issued under this chapter.
(m) A person licensed under this chapter may not refuse or fail to make, keep, or furnish
any record notification, order form, statement, invoice, or information required under this chapter.
(n) A person licensed under this chapter may not refuse entry into any premises for
inspection as authorized by this chapter.
(o) A person licensed under this chapter may not furnish false or fraudulent material
information in any application, report, or other document required to be kept by this chapter or
willfully make any false statement in any prescription, order, report, or record required by this
(8) (a) (i) Any person licensed under this chapter who is found by the [
division to have violated any of the provisions of Subsections (7)(k) through (7)(o) is subject to a
penalty not to exceed $5,000. The [
adjudication of any violations in accordance with Sections 58-1-106 and 58-1-108 .
(ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
(b) Any person who knowingly and intentionally violates Subsections (7)(h) through
(i) upon first conviction, guilty of a class B misdemeanor;
(ii) upon second conviction, guilty of a class A misdemeanor; and
(iii) on third or subsequent conviction, guilty of a third degree felony.
(c) Any person who knowingly and intentionally violates Subsections (7)(k) through
(7)(o) shall upon conviction be guilty of a third degree felony.
(9) Any information communicated to any licensed practitioner in an attempt to
unlawfully procure, or to procure the administration of, a controlled substance is not considered
to be a privileged communication.
Section 3. Section 58-37-7 is amended to read:
58-37-7. Labeling and packaging controlled substance.
(1) A person licensed pursuant to this act may not distribute a controlled substance unless
it is packaged and labeled in compliance with the requirements of Section 305 of the Federal
Comprehensive Drug Abuse Prevention and Control Act of 1970.
(2) No person except a pharmacist for the purpose of filling a prescription shall alter,
deface, or remove any label affixed by the manufacturer.
(3) Whenever a pharmacist sells or dispenses any controlled substance on a prescription
issued by a practitioner, he shall affix to the container in which the substance is sold or dispensed:
(a) a label showing [
(i) pharmacy name and address;
(ii) serial number; and
(iii) date of initial filling;
(b) the prescription number, the name of the patient, or if the patient is an animal, the
name of the owner of the animal and the species of the animal;
(c) the name of the practitioner by whom the prescription was written;
(d) any directions stated on the prescription; and
(e) any directions required by rules and regulations promulgated by the department.
(4) A person may not alter the face or remove any label so long as any of the original
(5) (a) An individual to whom or for whose use any controlled substance has been
prescribed, sold, or dispensed by a practitioner and the owner of any animal for which any
controlled substance has been prescribed, sold, or dispensed by a veterinarian may lawfully
possess it only in the container in which it was delivered to him by the person selling or dispensing
(b) It is a defense to a prosecution under this subsection that the person being prosecuted
produces in court a valid prescription for the controlled substance or the original container with
the label attached.
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