Prescription of drugs or devices by a pharmacist.

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  • (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:
      • (i) Section 58-37-4; or
      • (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, including:
      • (i) post-exposure HIV prophylaxis;
      • (ii) pre-exposure HIV prophylaxis;
      • (iii) self-administered hormonal contraceptives;
      • (iv) smoking cessation; and
      • (v) naloxone;
    • (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 is a physician, the executive director of the Department of Health;
      • (ii) if the executive director of the Department of Health is not a physician, a deputy director who is a physician in accordance with Subsection 26-1-9(4); or
      • (iii) a designee of the individual described in Subsection (4)(c)(i) or (ii).
  • (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.




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