Out-of-state mail service pharmacies -- Drugs not readily available in all pharmacies.
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(1) As used in this section, "out-of-state mail service pharmacy" means the same as that term is defined in Section 58-17b-102.
(2) Except as provided in Subsection (3), a third party payor of pharmaceutical services within the state, or its agent or contractor, may not require a pharmacy patient to obtain prescription drug benefits from one or more out-of-state mail service pharmacies as a condition of obtaining third party payment prescription drug benefit coverage as defined in rule.
(3) For a prescription drug or device that is not readily available in all pharmacies, including an injectable medication, a third party payor of pharmaceutical services may require a pharmacy patient to obtain prescription drug benefits from certain pharmacies, including one or more out-of-state mail service pharmacies.
(4)
(a) A violation of this section is a class A misdemeanor.
(b) Each violation of this section is a separate offense.