Current through the 2024 Fourth Special Session
Section 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:(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; and(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.Amended by Chapter 255, 2022 General Session ,§ 84, eff. 7/1/2022.Added by Chapter 127, 2021 General Session ,§ 2, eff. 5/5/2021.