Current through the 2024 Fourth Special Session
Section 58-17b-306 - Qualifications for licensure as a pharmacy(1) Each applicant for licensure under this section, except for those applying for a class D license, shall: (a) submit a written application in the form prescribed by the division;(b) pay a fee as determined by the department under Section 63J-1-504;(c) satisfy the division that the applicant, and each owner, officer, or manager of the applicant have not engaged in any act, practice, or omission, which when considered with the duties and responsibilities of a licensee under this section indicates there is cause to believe that issuing a license to the applicant is inconsistent with the interest of the public's health, safety, or welfare;(d) demonstrate the licensee's operations will be in accordance with all federal, state, and local laws relating to the type of activity engaged in by the licensee, including regulations of the Federal Drug Enforcement Administration and Food and Drug Administration;(e) maintain operating standards established by division rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;(f) for each pharmacy license, ensure that the pharmacist in charge, as defined by the division, submits fingerprint cards and consents to a fingerprint background check in accordance with Section 58-17b-307; and(g) acknowledge the division's authority to inspect the licensee's business premises pursuant to Section 58-17b-103.(2) Each applicant applying for a class D license shall: (a) submit a written application in the form prescribed by the division;(b) pay a fee as determined by the department under Section 63J-1-504;(c) present to the division verification of licensure in the state where physically located and verification that such license is in good standing;(d) satisfy the division that the applicant and each of the applicant's pharmacy managers has not engaged in any act, practice, or omission, which when considered with the duties and responsibilities of a licensee under this section, indicates there is cause to believe that issuing a license to the applicant is inconsistent with the interest of the public's health, safety, or welfare;(e) for each pharmacy manager, submit fingerprint cards and consent to a fingerprint background check in accordance with Section 58-17b-307;(f) provide a statement of the scope of pharmacy services that will be provided and a detailed description of the protocol as described by rule by which pharmacy care will be provided, including any collaborative practice arrangements with other health care practitioners;(g) sign an affidavit attesting that any healthcare practitioners employed by the applicant and physically located in Utah have the appropriate license issued by the division and in good standing;(h) sign an affidavit attesting that the applicant will abide by the pharmacy laws and regulations of the jurisdiction in which the pharmacy is located; and(i) if an applicant engages in compounding, submit the most recent inspection report: (i) conducted within two years before the application for licensure; and(ii)(A) conducted as part of the National Association of Boards of Pharmacy Verified Pharmacy Program; or(B) performed by the state licensing agency of the state in which the applicant is a resident and in accordance with the National Association of Boards of Pharmacy multistate inspection blueprint program.(3)(a) Each license issued under this section shall be associated with a single, specific address.(b) By rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall allow a licensee to update, by request to the division, the address associated with the licensee under Subsection (3)(a), to a new address if the licensee requests the change of address at least 90 days before the day on which the licensee begins operating at the new address.Amended by Chapter 210, 2024 General Session ,§ 2, eff. 5/1/2024.Amended by Chapter 223, 2023 General Session ,§ 11, eff. 5/3/2023.Amended by Chapter 384, 2017 General Session ,§ 1, eff. 10/1/2017.Amended by Chapter 183, 2009 General Session.