SB 261

Enrolled Copy  S.B. 261
1Pharmacy Practice Amendments
                                     2026 GENERAL SESSION
                                          STATE OF UTAH
                                 Chief Sponsor: Evan J. Vickers
                                   House Sponsor: Steve Eliason
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to the practice of pharmacy.
6  Highlighted Provisions:
7      This bill:
8      ▸ amends the definition of a collaborative pharmacy practice agreement to conform to other
9  provisions of code regarding a pharmacist's role under a collaborative pharmacy practice
10  agreement;
11      ▸ adds vaccines and epinephrine to the list of prescription drugs that a pharmacist may
12  prescribe;
13      ▸ permits online sales of pseudoephedrine under certain circumstances;
14      ▸ requires the Division of Professional Licensing, in collaboration with the Board of
15  Pharmacy, to approve and implement an electronic tracking system to monitor the sale
16  of pseudoephedrine under certain circumstances;
17      ▸ defines terms; and
18      ▸ makes technical and conforming changes.
19  Money Appropriated in this Bill:
20      None
21  Other Special Clauses:
22      None
23  Utah Code Sections Affected:
24  AMENDS:
25      58-17b-102, as last amended by Laws of Utah 2025, Chapter 486
26      58-17b-612, as last amended by Laws of Utah 2019, Chapter 343
27      58-17b-627, as last amended by Laws of Utah 2025, Chapter 513
S.B. 261  Enrolled Copy
2858-37c-3, as last amended by Laws of Utah 2024, Chapter 113
29   ENACTS:
3058-37c-22, Utah Code Annotated 1953
31
32   Be it enacted by the Legislature of the state of Utah:
33Section 1. Section 58-17b-102 is amended to read:
3458-17b-102 . Definitions.
35      In addition to the definitions in Section 58-1-102, as used in this chapter:
36   (1) "Administering" means:
37(a) the direct application of a prescription drug or device, whether by injection,
38inhalation, ingestion, or by any other means, to the body of a human patient or
39research subject by another person; or
40(b) the placement by a veterinarian with the owner or caretaker of an animal or group of
41animals of a prescription drug for the purpose of injection, inhalation, ingestion, or
42any other means directed to the body of the animal by the owner or caretaker in
43accordance with written or verbal directions of the veterinarian.
44   (2) "Adulterated drug or device" means a drug or device considered adulterated under 21
45U.S.C. Sec. 351 (2003).
46   (3)(a) "Analytical laboratory" means a facility in possession of prescription drugs for the
47purpose of analysis.
48(b) "Analytical laboratory" does not include a laboratory possessing prescription drugs
49used as standards and controls in performing drug monitoring or drug screening
50analysis if the prescription drugs are prediluted in a human or animal body fluid,
51human or animal body fluid components, organic solvents, or inorganic buffers at a
52concentration not exceeding one milligram per milliliter when labeled or otherwise
53designated as being for in vitro diagnostic use.
54   (4) "Animal euthanasia agency" means an agency performing euthanasia on animals by the
55use of prescription drugs.
56   (5) "Automated pharmacy systems" includes mechanical systems which perform operations
57or activities, other than compounding or administration, relative to the storage,
58packaging, dispensing, or distribution of medications, and which collect, control, and
59maintain all transaction information.
60   (6) "Beyond use date" means the date determined by a pharmacist and placed on a
61prescription label at the time of dispensing that indicates to the patient or caregiver a
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62      time beyond which the contents of the prescription are not recommended to be used.
63  (7) "Board of pharmacy" or "board" means the Utah State Board of Pharmacy created in
64      Section 58-17b-201.
65  (8) "Branch pharmacy" means a pharmacy or other facility in a rural or medically
66      underserved area, used for the storage and dispensing of prescription drugs, which is
67      dependent upon, stocked by, and supervised by a pharmacist in another licensed
68      pharmacy designated and approved by the division as the parent pharmacy.
69  (9) "Centralized prescription processing" means the processing by a pharmacy of a request
70      from another pharmacy to fill or refill a prescription drug order or to perform processing
71      functions such as dispensing, drug utilization review, claims adjudication, refill
72      authorizations, and therapeutic interventions.
73  (10) "Class A pharmacy" means a pharmacy located in Utah that is authorized as a retail
74      pharmacy to compound or dispense a drug or dispense a device to the public under a
75      prescription order.
76  (11) "Class B pharmacy":
77      (a) means a pharmacy located in Utah:
78(i) that is authorized to provide pharmaceutical care for patients in an institutional
79setting; and
80(ii) whose primary purpose is to provide a physical environment for patients to obtain
81health care services; and
82      (b)(i) includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and
83(ii) pharmaceutical administration and sterile product preparation facilities.
84  (12) "Class C pharmacy" means a pharmacy that engages in the manufacture, production,
85      wholesale, or distribution of drugs or devices in Utah.
86  (13) "Class D pharmacy" means a nonresident pharmacy.
87  (14) "Class E pharmacy" means all other pharmacies.
88  (15)(a) "Closed-door pharmacy" means a pharmacy that:
89(i) provides pharmaceutical care to a defined and exclusive group of patients who
90have access to the services of the pharmacy because they are treated by or have an
91affiliation with a specific entity, including a health maintenance organization or an
92infusion company; or
93(ii) engages exclusively in the practice of telepharmacy and does not serve walk-in
94retail customers.
95      (b) "Closed-door pharmacy" does not include a hospital pharmacy, a retailer of goods to
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96the general public, or the office of a practitioner.
97   (16) "Collaborative pharmacy practice" means a practice of pharmacy whereby one or more
98pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or
99more practitioners under protocol whereby the pharmacist may perform certain
100pharmaceutical care functions authorized by the practitioner or practitioners under
101certain specified conditions or limitations.
102   (17) "Collaborative pharmacy practice agreement" means a written and signed agreement
103between one or more pharmacists and one or more practitioners that provides for
104collaborative pharmacy practice for the purpose of drug therapy management of patients,
105initiating therapy, and prevention of disease of human subjects.
106   (18)(a) "Compounding" means the preparation, mixing, assembling, packaging, or
107labeling of a limited quantity drug, sterile product, or device:
108(i) as the result of a practitioner's prescription order or initiative based on the
109practitioner, patient, or pharmacist relationship in the course of professional
110practice;
111(ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis
112and not for sale or dispensing; or
113(iii) in anticipation of prescription drug orders based on routine, regularly observed
114prescribing patterns.
115(b) "Compounding" does not include:
116(i) the preparation of prescription drugs by a pharmacist or pharmacy intern for sale
117to another pharmacist or pharmaceutical facility;
118(ii) the preparation by a pharmacist or pharmacy intern of any prescription drug in a
119dosage form which is regularly and commonly available from a manufacturer in
120quantities and strengths prescribed by a practitioner; or
121(iii) the preparation of a prescription drug, sterile product, or device which has been
122withdrawn from the market for safety reasons.
123   (19) "Confidential information" has the same meaning as "protected health information"
124under the Standards for Privacy of Individually Identifiable Health Information, 45
125C.F.R. Parts 160 and 164.
126   (20) "Controlled substance" means the same as that term is defined in Section 58-37-2.
127   (21) "Dietary supplement" has the same meaning as Public Law Title 103, Chapter 417,
128Sec. 3a(ff) which is incorporated by reference.
129   (22) "Dispense" means the interpretation, evaluation, and implementation of a prescription
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130      drug order or device or nonprescription drug or device under a lawful order of a
131      practitioner in a suitable container appropriately labeled for subsequent administration to
132      or use by a patient, research subject, or an animal.
133  (23) "Dispensing medical practitioner" means an individual who is:
134      (a) currently licensed as:
135(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
136(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic
137Medical Practice Act;
138(iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
139(iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or
140(v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the
141optometrist is acting within the scope of practice for an optometrist; and
142      (b) licensed by the division under the Pharmacy Practice Act to engage in the practice of
143a dispensing medical practitioner.
144  (24) "Dispensing medical practitioner clinic pharmacy" means a closed-door pharmacy
145      located within a licensed dispensing medical practitioner's place of practice.
146  (25) "Distribute" means to deliver a drug or device other than by administering or
147      dispensing.
148  (26)(a) "Drug" means:
149(i) a substance recognized in the official United States Pharmacopoeia, official
150Homeopathic Pharmacopoeia of the United States, or official National Formulary,
151or any supplement to any of them, intended for use in the diagnosis, cure,
152mitigation, treatment, or prevention of disease in humans or animals;
153(ii) a substance that is required by any applicable federal or state law or rule to be
154dispensed by prescription only or is restricted to administration by practitioners
155only;
156(iii) a substance other than food intended to affect the structure or any function of the
157body of humans or other animals; and
158(iv) substances intended for use as a component of any substance specified in
159Subsections (26)(a)(i) through (iii).
160      (b) "Drug" does not include dietary supplements.
161  (27) "Drug regimen review" includes the following activities:
162      (a) evaluation of the prescription drug order and patient record for:
163(i) known allergies;
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164(ii) rational therapy-contraindications;
165(iii) reasonable dose and route of administration; and
166(iv) reasonable directions for use;
167(b) evaluation of the prescription drug order and patient record for duplication of therapy;
168(c) evaluation of the prescription drug order and patient record for the following
169interactions:
170(i) drug-drug;
171(ii) drug-food;
172(iii) drug-disease; and
173(iv) adverse drug reactions; and
174(d) evaluation of the prescription drug order and patient record for proper utilization,
175including over- or under-utilization, and optimum therapeutic outcomes.
176   (28) "Drug sample" means a prescription drug packaged in small quantities consistent with
177limited dosage therapy of the particular drug, which is marked "sample", is not intended
178to be sold, and is intended to be provided to practitioners for the immediate needs of
179patients for trial purposes or to provide the drug to the patient until a prescription can be
180filled by the patient.
181   (29) "Electronic signature" means a trusted, verifiable, and secure electronic sound, symbol,
182or process attached to or logically associated with a record and executed or adopted by a
183person with the intent to sign the record.
184   (30) "Electronic transmission" means transmission of information in electronic form or the
185transmission of the exact visual image of a document by way of electronic equipment.
186   (31) "Hospital pharmacy" means a pharmacy providing pharmaceutical care to inpatients of
187a general acute hospital or specialty hospital licensed by the Department of Health and
188Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and
189Inspection.
190   (32) "Legend drug" has the same meaning as prescription drug.
191   (33) "Licensed pharmacy technician" means an individual licensed with the division, that
192may, under the supervision of a pharmacist, perform the activities involved in the
193technician practice of pharmacy.
194   (34) "Manufacturer" means a person or business physically located in Utah licensed to be
195engaged in the manufacturing of drugs or devices.
196   (35)(a) "Manufacturing" means:
197(i) the production, preparation, propagation, conversion, or processing of a drug or
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198device, either directly or indirectly, by extraction from substances of natural origin
199or independently by means of chemical or biological synthesis, or by a
200combination of extraction and chemical synthesis, and includes any packaging or
201repackaging of the substance or labeling or relabeling of its container; and
202(ii) the promotion and marketing of such drugs or devices.
203      (b) "Manufacturing" includes the preparation and promotion of commercially available
204products from bulk compounds for resale by pharmacies, practitioners, or other
205persons.
206      (c) "Manufacturing" does not include the preparation or compounding of a drug by a
207pharmacist, pharmacy intern, or practitioner for that individual's own use or the
208preparation, compounding, packaging, labeling of a drug, or incident to research,
209teaching, or chemical analysis.
210  (36) "Medical order" means a lawful order of a practitioner which may include a
211      prescription drug order.
212  (37) "Medication profile" or "profile" means a record system maintained as to drugs or
213      devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to
214      analyze the profile to provide pharmaceutical care.
215  (38) "Misbranded drug or device" means a drug or device considered misbranded under 21
216      U.S.C. Sec. 352 (2003).
217  (39)(a) "Nonprescription drug" means a drug which:
218(i) may be sold without a prescription; and
219(ii) is labeled for use by the consumer in accordance with federal law.
220      (b) "Nonprescription drug" includes homeopathic remedies.
221  (40) "Nonresident pharmacy" means a pharmacy located outside of Utah that sells to a
222      person in Utah.
223  (41) "Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical service.
224  (42) "Out-of-state mail service pharmacy" means a pharmaceutical facility located outside
225      the state that is licensed and in good standing in another state, that:
226      (a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in
227this state pursuant to a lawfully issued prescription;
228      (b) provides information to a patient in this state on drugs or devices which may include,
229but is not limited to, advice relating to therapeutic values, potential hazards, and uses;
230or
231      (c) counsels pharmacy patients residing in this state concerning adverse and therapeutic
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232effects of drugs.
233   (43) "Patient counseling" means the written and oral communication by the pharmacist or
234pharmacy intern of information, to the patient or caregiver, in order to ensure proper use
235of drugs, devices, and dietary supplements.
236   (44) "Pharmaceutical administration facility" means a facility, agency, or institution in
237which:
238(a) prescription drugs or devices are held, stored, or are otherwise under the control of
239the facility or agency for administration to patients of that facility or agency;
240(b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist or
241pharmacy intern with whom the facility has established a prescription drug
242supervising relationship under which the pharmacist or pharmacy intern provides
243counseling to the facility or agency staff as required, and oversees drug control,
244accounting, and destruction; and
245(c) prescription drugs are professionally administered in accordance with the order of a
246practitioner by an employee or agent of the facility or agency.
247   (45)(a) "Pharmaceutical care" means carrying out the following in collaboration with a
248prescribing practitioner, and in accordance with division rule:
249(i) designing, implementing, and monitoring a therapeutic drug plan intended to
250achieve favorable outcomes related to a specific patient for the purpose of curing
251or preventing the patient's disease;
252(ii) eliminating or reducing a patient's symptoms; or
253(iii) arresting or slowing a disease process.
254(b) "Pharmaceutical care" does not include prescribing of drugs without consent of a
255prescribing practitioner.
256   (46) "Pharmaceutical facility" means a business engaged in the dispensing, delivering,
257distributing, manufacturing, or wholesaling of prescription drugs or devices within or
258into this state.
259   (47)(a) "Pharmaceutical wholesaler or distributor" means a pharmaceutical facility
260engaged in the business of wholesale vending or selling of a prescription drug or
261device to other than a consumer or user of the prescription drug or device that the
262pharmaceutical facility has not produced, manufactured, compounded, or dispensed.
263(b) "Pharmaceutical wholesaler or distributor" does not include a pharmaceutical facility
264carrying out the following business activities:
265(i) intracompany sales;
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266(ii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
267purchase, or trade a prescription drug or device, if the activity is carried out
268between one or more of the following entities under common ownership or
269common administrative control, as defined by division rule:
270(A) hospitals;
271(B) pharmacies;
272(C) chain pharmacy warehouses, as defined by division rule; or
273(D) other health care entities, as defined by division rule;
274(iii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
275purchase, or trade a prescription drug or device, for emergency medical reasons,
276including supplying another pharmaceutical facility with a limited quantity of a
277drug, if:
278(A) the facility is unable to obtain the drug through a normal distribution channel
279in sufficient time to eliminate the risk of harm to a patient that would result
280from a delay in obtaining the drug; and
281(B) the quantity of the drug does not exceed an amount reasonably required for
282immediate dispensing to eliminate the risk of harm;
283(iv) the distribution of a prescription drug or device as a sample by representatives of
284a manufacturer; and
285(v) the distribution of prescription drugs, if:
286(A) the facility's total distribution-related sales of prescription drugs does not
287exceed 5% of the facility's total prescription drug sales; and
288(B) the distribution otherwise complies with 21 C.F.R. Sec. 1307.11.
289  (48) "Pharmacist" means an individual licensed by this state to engage in the practice of
290      pharmacy.
291  (49) "Pharmacist-in-charge" means a pharmacist currently licensed in good standing who
292      accepts responsibility for the operation of a pharmacy in conformance with all laws and
293      rules pertinent to the practice of pharmacy and the distribution of drugs, and who is
294      personally in full and actual charge of the pharmacy and all personnel.
295  (50) "Pharmacist preceptor" means a licensed pharmacist in good standing with one or
296      more years of licensed experience. The preceptor serves as a teacher, example of
297      professional conduct, and supervisor of interns in the professional practice of pharmacy.
298  (51) "Pharmacy" means any place where:
299      (a) drugs are dispensed;
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300(b) pharmaceutical care is provided;
301(c) drugs are processed or handled for eventual use by a patient; or
302(d) drugs are used for the purpose of analysis or research.
303   (52) "Pharmacy benefits manager or coordinator" means a person or entity that provides a
304pharmacy benefits management service as defined in Section 31A-46-102 on behalf of a
305self-insured employer, insurance company, health maintenance organization, or other
306plan sponsor, as defined by rule.
307   (53) "Pharmacy intern" means an individual licensed by this state to engage in practice as a
308pharmacy intern.
309   (54) "Pharmacy manager" means:
310(a) a pharmacist-in-charge;
311(b) a licensed pharmacist designated by a licensed pharmacy to consult on the
312pharmacy's administration;
313(c) an individual who manages the facility in which a licensed pharmacy is located;
314(d) an individual who oversees the operations of a licensed pharmacy;
315(e) an immediate supervisor of an individual described in Subsections (54)(a) through (d);
316or
317(f) another operations or site manager of a licensed pharmacy.
318   (55) "Pharmacy technician training program" means an approved technician training
319program providing education for pharmacy technicians.
320   (56)(a) "Practice as a dispensing medical practitioner" means the practice of pharmacy,
321specifically relating to the dispensing of a prescription drug in accordance with Part
3228, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic
323Pharmacy, and division rule adopted after consultation with the Board of pharmacy
324and the governing boards of the practitioners described in Subsection (23)(a).
325(b) "Practice as a dispensing medical practitioner" does not include:
326(i) using a vending type of dispenser as defined by the division by administrative
327rule; or
328(ii) except as permitted by Section 58-17b-805, dispensing of a controlled substance
329as defined in Section 58-37-2.
330   (57) "Practice as a licensed pharmacy technician" means engaging in practice as a
331pharmacy technician under the general supervision of a licensed pharmacist and in
332accordance with a scope of practice defined by division rule made in collaboration with
333the board.
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334  (58) "Practice of pharmacy" includes the following:
335      (a) providing pharmaceutical care;
336      (b) collaborative pharmacy practice in accordance with a collaborative pharmacy
337practice agreement;
338      (c) compounding, packaging, labeling, dispensing, administering, and the coincident
339distribution of prescription drugs or devices, provided that the administration of a
340prescription drug or device is:
341(i) pursuant to a lawful order of a practitioner when one is required by law; and
342(ii) in accordance with written guidelines or protocols:
343(A) established by the licensed facility in which the prescription drug or device is
344to be administered on an inpatient basis; or
345(B) approved by the division, in collaboration with the board and, when
346appropriate, the Medical Licensing Board, created in Section 58-67-201, if the
347prescription drug or device is to be administered on an outpatient basis solely
348by a licensed pharmacist;
349      (d) participating in drug utilization review;
350      (e) ensuring proper and safe storage of drugs and devices;
351      (f) maintaining records of drugs and devices in accordance with state and federal law
352and the standards and ethics of the profession;
353      (g) providing information on drugs or devices, which may include advice relating to
354therapeutic values, potential hazards, and uses;
355      (h) providing drug product equivalents;
356      (i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy
357technicians;
358      (j) providing patient counseling, including adverse and therapeutic effects of drugs;
359      (k) providing emergency refills as defined by rule;
360      (l) telepharmacy;
361      (m) formulary management intervention;
362      (n) prescribing and dispensing a self-administered hormonal contraceptive in accordance
363with Title 26B, Chapter 4, Part 5, Treatment Access; and
364      (o) issuing a prescription in accordance with Section 58-17b-610.8 or 58-17b-627.
365  (59) "Practice of telepharmacy" means the practice of pharmacy through the use of
366      telecommunications and information technologies.
367  (60) "Practice of telepharmacy across state lines" means the practice of pharmacy through
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368the use of telecommunications and information technologies that occurs when the
369patient is physically located within one jurisdiction and the pharmacist is located in
370another jurisdiction.
371   (61) "Practitioner" means an individual currently licensed, registered, or otherwise
372authorized by the appropriate jurisdiction to prescribe and administer drugs in the course
373of professional practice.
374   (62) "Prescribe" means to issue a prescription:
375(a) orally or in writing; or
376(b) by telephone, facsimile transmission, computer, or other electronic means of
377communication as defined by division rule.
378   (63) "Prescription" means an order issued:
379(a) by a licensed practitioner in the course of that practitioner's professional practice or
380by collaborative pharmacy practice agreement; and
381(b) for a controlled substance or other prescription drug or device for use by a patient or
382an animal.
383   (64) "Prescription device" means an instrument, apparatus, implement, machine,
384contrivance, implant, in vitro reagent, or other similar or related article, and any
385component part or accessory, which is required under federal or state law to be
386prescribed by a practitioner and dispensed by or through a person or entity licensed
387under this chapter or exempt from licensure under this chapter.
388   (65) "Prescription drug" means a drug that is required by federal or state law or rule to be
389dispensed only by prescription or is restricted to administration only by practitioners.
390   (66) "Repackage":
391(a) means changing the container, wrapper, or labeling to further the distribution of a
392prescription drug; and
393(b) does not include:
394(i) Subsection (66)(a) when completed by the pharmacist responsible for dispensing
395the product to a patient; or
396(ii) changing or altering a label as necessary for a dispensing practitioner under Part
3978, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic
398Pharmacy, for dispensing a product to a patient.
399   (67) "Research using pharmaceuticals" means research:
400(a) conducted in a research facility, as defined by division rule, that is associated with a
401university or college in the state accredited by the Northwest Commission on
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402Colleges and Universities;
403      (b) requiring the use of a controlled substance, prescription drug, or prescription device;
404      (c) that uses the controlled substance, prescription drug, or prescription device in
405accordance with standard research protocols and techniques, including, if required,
406those approved by an institutional review committee; and
407      (d) that includes any documentation required for the conduct of the research and the
408handling of the controlled substance, prescription drug, or prescription device.
409  (68) "Retail pharmacy" means a pharmaceutical facility dispensing prescription drugs and
410      devices to the general public.
411  (69)(a) "Self-administered hormonal contraceptive" means a self-administered hormonal
412      contraceptive that is approved by the United States Food and Drug Administration to
413      prevent pregnancy.
414      (b) "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive,
415a hormonal vaginal ring, and a hormonal contraceptive patch.
416      (c) "Self-administered hormonal contraceptive" does not include any drug intended to
417induce an abortion, as that term is defined in Section 76-7-301.
418  (70) "Self-audit" means an internal evaluation of a pharmacy to determine compliance with
419      this chapter.
420  (71) "Supervising pharmacist" means a pharmacist who is overseeing the operation of the
421      pharmacy during a given day or shift.
422  (72) "Supportive personnel" means unlicensed individuals who:
423      (a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed
424pharmacy technician in nonjudgmental duties not included in the definition of the
425practice of pharmacy, practice of a pharmacy intern, or practice of a licensed
426pharmacy technician, and as those duties may be further defined by division rule
427adopted in collaboration with the board; and
428      (b) are supervised by a pharmacist in accordance with rules adopted by the division in
429collaboration with the board.
430  (73) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
431      58-17b-501.
432  (74) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
433      and 58-17b-502 and may be further defined by rule.
434  (75) "Veterinary pharmaceutical facility" means a pharmaceutical facility that dispenses
435      drugs intended for use by animals or for sale to veterinarians for the administration for
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436animals.
437   (76) "Written communication" means a physical document, or an electronic
438communication, by or from which the recipient may read or access the information
439intended to be communicated, including:
440(a) email;
441(b) text message; and
442(c) quick response (QR) code.
443Section 2. Section 58-17b-612 is amended to read:
44458-17b-612 . Supervision -- Pharmacist-in-charge.
445   (1)(a) Any pharmacy, except a wholesaler, distributor, out-of-state mail service
446pharmacy, or class E pharmacy, shall be under the general supervision of at least one
447pharmacist licensed to practice in Utah. One pharmacist licensed in Utah shall be
448designated as the pharmacist-in-charge, whose responsibility it is to oversee the
449operation of the pharmacy.
450(b) Notwithstanding Subsection [58-17b-102(70)] 58-17b-102(71), a supervising
451pharmacist does not have to be in the pharmacy or care facility but shall be available
452via a telepharmacy system for immediate contact with the supervised pharmacy
453technician or pharmacy intern if:
454(i) the pharmacy is located in an area of need as defined by the division, in
455consultation with the board, by rule made in accordance with Title 63G, Chapter
4563, Utah Administrative Rulemaking Act;
457(ii) the supervising pharmacist described in Subsection (1)(a) is not available;
458(iii) the telepharmacy system maintains records and files quarterly reports as required
459by division rule to assure that patient safety is not compromised; and
460(iv) the arrangement is approved by the division in collaboration with the board.
461(c) Subsection (1)(b) applies to a pharmacy that is located in a hospital only if the
462hospital is controlled by a local board that owns no more than two hospitals[; and] .
463(d) A supervising pharmacist may not supervise more than two pharmacies
464simultaneously under Subsection (1)(b).
465   (2) Each out-of-state mail service pharmacy shall designate and identify to the division a
466pharmacist holding a current license in good standing issued by the state in which the
467pharmacy is located and who serves as the pharmacist-in-charge for all purposes under
468this chapter.
469Section 3. Section 58-17b-627 is amended to read:
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47058-17b-627 . Prescription of drugs or devices by a pharmacist.
471  (1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or device if:
472      (a) prescribing the prescription drug or device is within the scope of the pharmacist's
473training and experience;
474      (b) the prescription drug or device is designated by the division by rule under Subsection
475(3)(a); and
476      (c) the prescription drug or device is not a controlled substance that is included in
477Schedules I, II, III, or IV of:
478(i) Section 58-37-4; or
479(ii) the federal Controlled Substances Act, Title II, P.L. 91-513.
480  (2) Nothing in this section requires a pharmacist to issue a prescription for a prescription
481      drug or device.
482  (3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
483      Administrative Rulemaking Act, to:
484      (a) designate the prescription drugs or devices that may be prescribed by a pharmacist
485under this section, beginning with prescription drugs or devices that address a public
486health concern that is designated by the Department of Health and Human Services,
487including:
488(i) post-exposure HIV prophylaxis;
489(ii) pre-exposure HIV prophylaxis;
490(iii) self-administered hormonal contraceptives;
491(iv) smoking cessation;
492(v) naloxone;[ and]
493(vi) fluoride;
494(vii) vaccines; and
495(viii) epinephrine.
496      (b) create guidelines that a pharmacist must follow when prescribing a prescription drug
497or device, including guidelines:
498(i) for notifying the patient's primary care or other health care provider about the
499prescription; and
500(ii) to prevent the over-prescription of drugs or devices including but not limited to
501antibiotics;
502      (c) address when a pharmacist should refer the patient to an appropriate health care
503provider or otherwise encourage the patient to seek further medical care; and
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504(d) implement the provisions of this section.
505   (4) The division shall make rules under Subsection (3) in collaboration with:
506(a) individuals representing pharmacies and pharmacists;
507(b) individuals representing physicians and advanced practice clinicians; and
508(c)(i) if the executive director of the Department of Health and Human Services is a
509physician, the executive director of the Department of Health and Human Services;
510(ii) if the executive director of the Department of Health and Human Services is not a
511physician, a deputy director who is a physician in accordance with Subsection
51226B-1-203(4); or
513(iii) a designee of the individual described in Section 26B-1-203.
514   (5) Before November 1 of each year, the division, in consultation with the individuals
515described in Subsection (4), shall:
516(a) develop recommendations for statutory changes to improve patient access to
517prescribed drugs in the state; and
518(b) report the recommendations developed under Subsection (5)(a) to the Health and
519Human Services Interim Committee.
520Section 4. Section 58-37c-3 is amended to read:
52158-37c-3 . Definitions.
522      In addition to the definitions in Section 58-1-102, as used in this chapter:
523   (1) "Controlled substance precursor" includes a chemical reagent and means any of the
524following:
525(a) Phenyl-2-propanone;
526(b) Methylamine;
527(c) Ethylamine;
528(d) D-lysergic acid;
529(e) Ergotamine and its salts;
530(f) Diethyl malonate;
531(g) Malonic acid;
532(h) Ethyl malonate;
533(i) Barbituric acid;
534(j) Piperidine and its salts;
535(k) N-acetylanthranilic acid and its salts;
536(l) Pyrrolidine;
537(m) Phenylacetic acid and its salts;
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538      (n) Anthranilic acid and its salts;
539      (o) Morpholine;
540      (p) Ephedrine;
541      (q) Pseudoephedrine;
542      (r) Norpseudoephedrine;
543      (s) Phenylpropanolamine;
544      (t) Benzyl cyanide;
545      (u) Ergonovine and its salts;
546      (v) 3,4-Methylenedioxyphenyl-2-propanone;
547      (w) propionic anhydride;
548      (x) Insosafrole;
549      (y) Safrole;
550      (z) Piperonal;
551      (aa) N-Methylephedrine;
552      (bb) N-ethylephedrine;
553      (cc) N-methylpseudoephedrine;
554      (dd) N-ethylpseudoephedrine;
555      (ee) Hydriotic acid;
556      (ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone,
557tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not
558including gamma aminobutric acid (GABA);
559      (gg) 1,4 butanediol;
560      (hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a)
561through (gg);
562      (ii) Crystal iodine;
563      (jj) Iodine at concentrations greater than 1.5% by weight in a solution or matrix;
564      (kk) Red phosphorous, except as provided in Section 58-37c-19.7;
565      (ll) anhydrous ammonia, except as provided in Section 58-37c-19.9;
566      (mm) any controlled substance precursor listed under the provisions of the Federal
567Controlled Substances Act which is designated by the director under the emergency
568listing provisions set forth in Section 58-37c-14; and
569      (nn) any chemical which is designated by the director under the emergency listing
570provisions set forth in Section 58-37c-14.
571  (2) "Deliver," "delivery," "transfer," or "furnish" means the actual, constructive, or
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572attempted transfer of a controlled substance precursor.
573   (3) "Matrix" means something, as a substance, in which something else originates,
574develops, or is contained.
575   (4) "Person" means any individual, group of individuals, proprietorship, partnership, joint
576venture, corporation, or organization of any type or kind.
577   (5) "Practitioner" means a physician, physician assistant, dentist, podiatric physician,
578veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical
579manufacturer, or other person licensed, registered, or otherwise permitted to distribute,
580dispense, conduct research with respect to, administer, or use in teaching or chemical
581analysis a controlled substance in the course of professional practice or research in this
582state.
583   (6)(a) "Regulated distributor" means a person within the state who provides, sells,
584furnishes, transfers, or otherwise supplies a listed controlled substance precursor
585chemical in a regulated transaction.
586(b) "Regulated distributor" does not include any person excluded from regulation under
587this chapter.
588   (7)(a) "Regulated purchaser" means any person within the state who receives a listed
589controlled substance precursor chemical in a regulated transaction.
590(b) "Regulated purchaser" does not include any person excluded from regulation under
591this chapter.
592   (8) "Regulated transaction" means any actual, constructive or attempted:
593(a) transfer, distribution, delivery, or furnishing by a person within the state to another
594person within or outside of the state of a threshold amount of a listed precursor
595chemical; or
596(b) purchase or acquisition by any means by a person within the state from another
597person within or outside the state of a threshold amount of a listed precursor chemical.
598   (9) "Retail distributor" means a grocery store, general merchandise store, drug store, online
599retailer, or other entity or person whose activities as a distributor are limited almost
600exclusively to sales for personal use:
601(a) in both number of sales and volume of sales; and
602(b) either [directly to walk-in customers or in face-to-face transactions by direct sales] by
603direct in-store sales or by online sales fulfilled by delivery in-person or curbside
604pickup.
605   (10) "Threshold amount of a listed precursor chemical" means any amount of a controlled
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606      substance precursor or a specified amount of a controlled substance precursor in a
607      matrix; however, the division may exempt from the provisions of this chapter a specific
608      controlled substance precursor in a specific amount and in certain types of transactions
609      which provisions for exemption shall be defined by the division by rule adopted
610      pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
611  (11) "Unlawful conduct" as defined in Section 58-1-501 includes knowingly and
612      intentionally:
613      (a) engaging in a regulated transaction without first being appropriately licensed or
614exempted from licensure under this chapter;
615      (b) acting as a regulated distributor and selling, transferring, or in any other way
616conveying a controlled substance precursor to a person within the state who is not
617appropriately licensed or exempted from licensure as a regulated purchaser, or
618selling, transferring, or otherwise conveying a controlled substance precursor to a
619person outside of the state and failing to report the transaction as required;
620      (c) acting as a regulated purchaser and purchasing or in any other way obtaining a
621controlled substance precursor from a person within the state who is not a licensed
622regulated distributor, or purchasing or otherwise obtaining a controlled substance
623precursor from a person outside of the state and failing to report the transaction as
624required;
625      (d) engaging in a regulated transaction and failing to submit reports and keep required
626records of inventories required under the provisions of this chapter or rules adopted
627pursuant to this chapter;
628      (e) making any false statement in any application for license, in any record to be kept, or
629on any report submitted as required under this chapter;
630      (f) with the intent of causing the evasion of the recordkeeping or reporting requirements
631of this chapter and rules related to this chapter, receiving or distributing any listed
632controlled substance precursor chemical in any manner designed so that the making
633of records or filing of reports required under this chapter is not required;
634      (g) failing to take immediate steps to comply with licensure, reporting, or recordkeeping
635requirements of this chapter because of lack of knowledge of those requirements,
636upon becoming informed of the requirements;
637      (h) presenting false or fraudulent identification where or when receiving or purchasing a
638listed controlled substance precursor chemical;
639      (i) creating a chemical mixture for the purpose of evading any licensure, reporting or
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640recordkeeping requirement of this chapter or rules related to this chapter, or receiving
641a chemical mixture created for that purpose;
642(j) if the person is at least 18 years [of age] old, employing, hiring, using, persuading,
643inducing, enticing, or coercing another person under 18 years [of age] old to violate
644any provision of this chapter, or assisting in avoiding detection or apprehension for
645any violation of this chapter by any federal, state, or local law enforcement official;
646and
647(k) obtaining or attempting to obtain or to possess any controlled substance precursor or
648any combination of controlled substance precursors knowing or having a reasonable
649cause to believe that the controlled substance precursor is intended to be used in the
650unlawful manufacture of any controlled substance.
651   (12) "Unprofessional conduct" as defined in Section 58-1-102 and as may be further
652defined by rule includes the following:
653(a) violation of any provision of this chapter, the Controlled Substance Act of this state
654or any other state, or the [Federal] federal Controlled Substance Act; and
655(b) refusing to allow agents or representatives of the division or authorized law
656enforcement personnel to inspect inventories or controlled substance precursors or
657records or reports relating to purchases and sales or distribution of controlled
658substance precursors as such records and reports are required under this chapter.
659Section 5. Section 58-37c-22 is enacted to read:
66058-37c-22 . Online sales of pseudoephedrine -- Electronic tracking system.
661   (1) As used in this section:
662(a) "Electronic tracking system" means the real-time, stop-sale electronic sales tracking
663system described in Subsection (2).
664(b) "Product" means the same as that term is defined in Section 58-37c-20.5.
665(c) "Stop-sale alert" means an alert an electronic tracking system sends to a retail
666distributor to stop the sale of a product if the sale would violate Section 58-37c-20.5
667or any other law that prohibits the sale of a product.
668   (2) Except as provided in Subsection (4), the division shall, in accordance with Title 63G,
669Chapter 3, Utah Administrative Rulemaking Act, make rules, in consultation with the
670Board of Pharmacy, to:
671(a) approve and implement a real-time, stop-sale electronic sales tracking system to
672monitor the nonprescription sale, including the online sale, of products by a retail
673distributor; and
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674      (b) establish procedures for the online sale of a product.
675  (3) The electronic tracking system shall:
676      (a) be capable of:
677(i) allowing a retail distributor or purchaser of a product to electronically submit
678information to the electronic tracking system before the sale of a product;
679(ii) determining whether the sale of the product would violate Section 58-37c-20.5 or
680any other law that prohibits the sale of a product;
681(iii) sending a stop-sale alert;
682(iv) allowing a retail distributor to override a stop-sale alert;
683(v) logging each instance of a stop-sale alert override; and
684(vi) allowing law enforcement agencies to access the electronic tracking system's
685records of a sale or attempted sale of a product; and
686      (b) be free of charge for use by retail distributors and law enforcement agencies.
687  (4)(a) If a real-time, stop-sale electronic sales tracking system is not available to the
688      state without charge for accessing the system to the state or retailers, the division is
689      not required to approve and implement an electronic tracking system.
690      (b) If the division does not approve and implement an electronic tracking system, the
691online sale of a product is prohibited.
692  (5) After the division approves an electronic tracking system, the division, in coordination
693      with the Board of Pharmacy, shall notify each retail distributor of the approved
694      electronic tracking system.
695  (6) A retail distributor shall obtain all required information from the purchaser of a product
696      and submit the information to the electronic tracking system before completing a sale as
697      described in this section.
698  (7) A retail distributor that participates in the electronic tracking system may not complete a
699      sale for which the electronic tracking system sends a stop-sale alert.
700  (8) Records a retail distributor submits to the electronic tracking system are for the
701      confidential use of the retail distributor, except that the retail distributor shall:
702      (a) produce the records in court when required by law;
703      (b) make the records available for inspection by the division and the board; and
704      (c) make the records available to:
705(i) the Criminal Investigations and Technical Services Division of the Department of
706Public Safety created in Section 53-10-103, for the purpose of enforcing this
707chapter; and
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708(ii) federal law enforcement officers.
709   (9) The rules the division makes to implement the electronic tracking system shall:
710(a) establish the minimum requirements for the electronic tracking system;
711(b) establish regulations for use of, and access to, the electronic tracking system;
712(c) establish exceptions to the prohibition in Subsection (7), including:
713(i) if a pharmacist or an employee of a retail distributor has a reasonable fear of
714imminent bodily harm if the sale is not completed; and
715(ii) if a retail distributor experiences a mechanical or electronic failure of the
716electronic tracking system; and
717(d) require a retail distributor to submit the following to the electronic tracking system
718for each online sale of a product:
719(i) the purchaser's name and address;
720(ii) the purchaser's signature, either on a written form or stored electronically in the
721electronic tracking system, attesting to the validity of all information the purchaser
722provides in the electronic tracking system;
723(iii) the type of identification the purchaser presented in accordance with Section
72458-37c-20.5;
725(iv) the identification number and name of the government entity that issued the
726identification described in Subsection (9)(d)(iii);
727(v) the date and time of the sale of the product; and
728(vi) the name and quantity of the product sold.
729   (10) A retail distributor that participates in the electronic tracking system is not liable for
730civil damages that are the result of:
731(a) any act or omission in carrying out the requirements of this section, rules the division
732makes in accordance with this section, or Section 58-37c-20.5, except for an act or
733omission that constitutes gross negligence or willful misconduct; and
734(b) a data breach that was proximately caused by the electronic tracking system's failure
735to take reasonable care through the use of industry standard levels of encryption to
736guard against unauthorized access to account information that is in the possession or
737control of the electronic tracking system.
738Section 6. Effective Date.
739   This bill takes effect on May 6, 2026.
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