58-88-202. Dispensing practice -- Drugs that may be dispensed -- Limitations and exceptions.
(1) Notwithstanding Section, a dispensing practitioner may dispense a drug at a licensed dispensing practice if the drug is: 58-17b-302 packaged in a fixed quantity per package by: the drug manufacturer; a pharmaceutical wholesaler or distributor; or a pharmacy licensed under Chapter 17b, Pharmacy Practice Act; dispensed: at a licensed dispensing practice at which the dispensing practitioner regularly practices; and under a prescription issued by the dispensing practitioner to the dispensing practitioner's patient; except as provided in Subsection, for a condition that is not expected to last longer than 30 days; and (6) for a condition for which the patient has been evaluated by the dispensing practitioner on the same day on which the dispensing practitioner dispenses the drug.
(2) A dispensing practitioner may not dispense: a controlled substance as defined in Section; 58-37-101 a drug or class of drugs that is designated by the division under Subsection; or 58-88-205(2) a supply of a drug under this part that exceeds a 30-day supply.
(3) A dispensing practitioner may not make a claim against workers' compensation or automobile insurance for a drug dispensed under this part for outpatient use unless the dispensing practitioner is contracted with a pharmacy network established by the claim payor.
(4) When a dispensing practitioner dispenses a drug to the patient under this part, a dispensing practitioner shall: disclose to the patient verbally and in writing that the patient is not required to fill the prescription through the licensed dispensing practice and that the patient has a right to fill the prescription through a pharmacy; and if the patient will be responsible to pay cash for the drug, disclose: that the patient will be responsible to pay cash for the drug; and the amount that the patient will be charged by the licensed dispensing practice for the drug.
(5) This part does not: require a dispensing practitioner to dispense a drug under this part; limit a health care prescriber from dispensing under Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or apply to a physician who dispenses: a drug sample, as defined in Section, to a patient in accordance with Sectionor Section; or 58-17b-102 58-1-501.3 58-17b-610 a drug in an emergency situation as defined by the division in rule under Chapter 17b, Pharmacy Practice Act.
(6) A dispensing practitioner that is a dentist may dispense prescription fluoride medication regardless of whether the condition the fluoride is treating will last longer than 30 days.