Definitions.

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  • (1) "Assisted living facility" means the same as that term is defined in Section 26-21-2.
  • (2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a drug used in chemotherapy to destroy cancer cells.
  • (3) "Charitable clinic" means a charitable nonprofit corporation that:
    • (a) holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code;
    • (b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
    • (c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation:
      • (i) advice;
      • (ii) counseling;
      • (iii) diagnosis;
      • (iv) treatment;
      • (v) surgery; or
      • (vi) care or services relating to the preservation or maintenance of health; and
    • (d) has a licensed outpatient pharmacy.
  • (4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable clinic.
  • (5) "County health department" means the same as that term is defined in Section 26A-1-102.
  • (6) "Donated prescription drug" means a prescription drug that an eligible donor or individual donates to an eligible pharmacy under the program.
  • (7) "Eligible donor" means a donor that donates a prescription drug from within the state and is:
    • (a) a nursing care facility;
    • (b) an assisted living facility;
    • (c) a licensed intermediate care facility for people with an intellectual disability;
    • (d) a manufacturer;
    • (e) a pharmaceutical wholesale distributor;
    • (f) an eligible pharmacy; or
    • (g) a physician's office.
  • (8) "Eligible pharmacy" means a pharmacy that:
    • (a) is registered by the division as eligible to participate in the program; and
    • (b)
      • (i) is licensed in the state as a Class A retail pharmacy; or
      • (ii) is operated by:
        • (A) a county;
        • (B) a county health department;
        • (C) a pharmacy under contract with a county health department;
        • (D) the Department of Health, created in Section 26-1-4;
        • (E) the Division of Substance Abuse and Mental Health, created in Section 62A-15-103; or
        • (F) a charitable clinic.
  • (9) "Eligible prescription drug" means a prescription drug, described in Section 58-17b-904, that is not:
    • (a) a controlled substance; or
    • (b) a drug that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements.
  • (10) "Licensed intermediate care facility for people with an intellectual disability" means the same as that term is defined in Section 58-17b-503.
  • (11) "Medically indigent individual" means an individual who:
    • (a)
      • (i) does not have health insurance; and
      • (ii) lacks reasonable means to purchase prescribed medications; or
    • (b)
      • (i) has health insurance; and
      • (ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed medications.
  • (12) "Nursing care facility" means the same as that term is defined in Section 26-18-501.
  • (13) "Physician's office" means a fixed medical facility that:
    • (a) is staffed by a physician, physician's assistant, nurse practitioner, or registered nurse, licensed under Title 58, Occupations and Professions; and
    • (b) treats an individual who presents at, or is transported to, the facility.
  • (14) "Program" means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903.
  • (15) "Unit pack" means the same as that term is defined in Section 58-17b-503.
  • (16) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-17b-501.
  • (17) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-17b-502.




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