Title 58, Occupations and Professions

58-31b-701. Immunity from liability. A person licensed, registered, or certified under this chapter: (1) who provides emergency care in accordance with Section 78B-4-501 is entitled to the immunity from civil liability provided under that section; and (2) is considered a health c…

58-31b-702. Reporting of disciplinary action -- Immunity from liability. (1) A licensed health care facility or organization or a professional society of nurses in the state that takes disciplinary action against an individual licensed under this chapter relating to any of the fo…

58-31b-703. Opiate antagonist -- Exclusion from unprofessional or unlawful conduct. (1) As used in this section: (a) "Dispense" means the same as that term is defined in Section 58-17b-102. (b) "Expired opiate antagonist" means an opiate antagonist that is no more than 24 months …

58-31b-801. Practice within limits of competency. (1) Each person licensed under this chapter is responsible for confining the person's practice as a nurse to those acts and practices permitted by law. (2) A person licensed under this act may not engage in any act or practice for…

58-31b-802. Consumer access to provider charges. Beginning January 1, 2011, a nurse whose license under this chapter authorizes independent practice shall, when requested by a consumer: (1) make a list of prices charged by the nurse available for the consumer which includes the n…

58-31b-803. Advanced practice registered nurse prescriptive authority. (1) Subject to Subsection (2), a licensed advanced practice registered nurse may prescribe or administer a prescription drug including, a Schedule II-V controlled substance. (2) A licensed advanced practice re…

58-31d-101. Advanced Practice Registered Nurse Compact. The Advanced Practice Registered Nurse Compact is hereby enacted and entered into with all other jurisdictions that legally join in the compact, which is, in form, substantially as follows: ARTICLE I Findings and Declaration…

58-31d-102. Division rulemaking. (1) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Section 58-31d-101. (2) For purposes of Section 58-31d-101, "role" as defined in Article II(17) includes an individual who …

58-31e-101. Title. This chapter is known as the "Nurse Licensure Compact - Revised."

58-31e-102. Nurse Licensure Compact. The Nurse Licensure Compact is hereby enacted and entered into with all other jurisdictions that legally join in the compact, which is in form, substantially as follows: NURSE LICENSURE COMPACT ARTICLE I Findings and Declaration of Purpose a. …

58-31e-103. Implementation and rulemaking authority. (1) The term "head of the state licensing board," as used in Article VII b(1) of the Nurse Licensure Compact in Section 58-31e-102, means an individual who is an ex-officio member of the Board of Nursing and Certified Nurse Mid…

58-37-101. Definitions. (1) As used in this chapter: (a) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (i) a practitioner or, in the practition…

58-37-102. Applicability of chapter -- Uniform construction. (1)(a) Prosecution for a violation of any law or offense occurring before January 1, 1972, is not affected by this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, provided, that sente…

58-37-103. Restrictions on less restrictive ordinances. A legislative body of a political subdivision may not enact an ordinance that is less restrictive than any provision of: (1) this chapter; or (2) Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances.

58-37-104. Severability. If any provision, or the application of any provision to a person or circumstance, of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, is held invalid, the remainder of this chapter or Title 76, Chapter 18, Part 2, …

58-37-105. Division responsibilities -- Licensing -- Records required. (1)(a) The division may adopt rules relating to the licensing and control of the manufacture, distribution, production, prescription, administration, dispensing, conducting of research with, and performing of …

58-37-106. Judicial review. (1) A person aggrieved by a department's final order may obtain judicial review. (2) Venue for judicial review of an informal adjudicative proceeding is in the district court of Salt Lake County.

58-37-107. Controlled substances. (1) All substances listed in Section 58-37-108 or 58-37-109 are controlled. (2) All substances listed in the federal Controlled Substances Act, Title II, P.L. 91-513, are controlled.

58-37-108. Schedules of controlled substances -- Schedules I through V -- Findings required -- Specific substances included in schedules. (1) There are established five schedules of controlled substances known as Schedules I, II, III, IV, and V, which consist of substances listed…

58-37-109. Listed controlled substances. The following substances, their analogs, homologs, and synthetic equivalents, are listed controlled substances: (1) AB-001; (2) AB-PINACA; N-[1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-3-carboxamide; (3) AB-FUBINACA; N-[1-(amin…

58-37-110. Recognized controlled substance analogs. (1) A substance listed under Subsection (2) is an analog, as defined in Subsection 58-37-101(1)(f), if the substance, in any quantity, and in any material, compound, mixture, or preparation, is present in: (a) any product manufa…

58-37-111. Exceptions to applicability for certain herbs and food supplements. This chapter and Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, do not restrict the sale and use of herbs, herbal products, or food supplements that are not scheduled in this …

58-37-112. Labeling and packaging controlled substance -- Informational pamphlet for opiates -- Naloxone education and offer to dispense. (1) A person licensed under this chapter may not distribute a controlled substance unless the controlled substance is packaged and labeled in …

58-37-113. Medical research use of controlled substances -- Penalties for violation. (1) A person holding a valid license under this chapter who is engaged in medical research may produce, possess, administer, prescribe, or dispense a controlled substance for research purposes as…

58-37-114. Burden of proof in proceedings on violations. (1) It is not necessary for the state to negate any exemption or exception set forth in this chapter or in Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, in any complaint, information, indictment o…

58-37-115. Restrictions on liability for law enforcement. No liability shall be imposed upon any authorized state or federal officer engaged in the enforcement of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, who is engaged in the enforc…

58-37-201. Definitions. Reserved.

58-37-202. Applicability of Title 76 to prosecutions. Unless specifically excluded in or inconsistent with the provisions of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, the following provisions of Title 76, Criminal Offenses, are appli…

58-37-203. Enforcement -- Coordination and cooperation of federal and state agencies -- Powers. (1) The department and all law enforcement agencies charged with enforcing this chapter, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, shall cooperate wit…

58-37-204. Investigators -- Status of peace officers. Investigators for the Department of Commerce shall, for the purpose of enforcing the provisions of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, have the status of peace officers.

58-37-205. Search warrants -- Administrative inspection warrants -- Inspections and seizures of property without warrant. (1) Search warrants relating to offenses involving controlled substances may be authorized in accordance with the Utah Rules of Criminal Procedure. (2) Issuan…

58-37-206. Court action to enjoin a violation -- Jury trial. (1) A court may enjoin a violation of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances. (2) If an alleged violation of an injunction or restraining order issued under this section …

58-37-207. Resort for illegal use or possession of controlled substances deemed common nuisance -- District court power to suppress and enjoin. (1)(a) Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place to which users or possessors of any…

58-37-208. Prima facie evidence. In any prosecution for a violation of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, evidence or proof that shows a person or persons produced, manufactured, possessed, distributed, or dispensed a controll…

58-37-209. Privileged communication. Any information communicated to a licensed practitioner in an attempt to unlawfully procure, or to procure the administration of, a controlled substance is not considered to be a privileged communication.

58-37-210. Penalties -- Bar to state prosecution. (1) A violation of this chapter for which no penalty is specified is a class B misdemeanor. (2) When a violation of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, violates a federal law or…

58-37-301. Definitions. Reserved.

58-37-302. Electronic prescriptions for controlled substances. (1) Beginning January 1, 2022, each prescription issued for a controlled substance shall be transmitted electronically as an electronic prescription, unless the prescription is: (a) for a patient residing in an assist…

58-37-303. Continuing education for controlled substance prescribers. (1) For the purposes of this section: (a) "Controlled substance prescriber" means an individual, other than a veterinarian, who: (i) is licensed to prescribe a controlled substance under this chapter; and (ii) …

58-37-304. Prescription requirements -- Penalties. (1) An individual may not write or authorize a prescription for a controlled substance unless the individual is: (a) a practitioner authorized to prescribe drugs and medicine under the laws of this state or under the laws of anot…

58-37-305. High risk prescriptions. (1) As used in this section: (a) "Database" means the controlled substance database created in Section 58-37f-201. (b) "High risk prescription" means a prescription for an opiate or a benzodiazepine that is written to continue for longer than 3…

58-37-306. Opiate prescription consultation -- Prescription for opiate antagonist required. (1) As used in this section: (a) "Initial opiate prescription" means a prescription for an opiate to a patient who: (i) has never previously been issued a prescription for an opiate; or (i…

58-37-307. Methadone orders authorized. (1) As used in this section: (a) "Emergency medical order" means a medical order as defined in Section 58-17b-102 for up to a 72-hour supply of methadone. (b) "General acute hospital" means the same as that term is defined in Section 26B-2-…

58-37-308. Veterinary exemption for gabapentin. A veterinarian licensed under Chapter 28, Veterinary Practice Act, who is prescribing, administering, or dispensing gabapentin within the veterinarian's scope of practice, is exempt from the requirements of this chapter and Title 76…

58-37-309. Drugs for behavioral health treatment. (1) As used in this section: (a) "Drug" means any form of psilocybin or methylenedioxymethamphetamine that is in federal Food and Drug Administration Phase 3 testing for an investigational drug described in 21 C.F.R. Part 312. (b)…

58-37-310. Emergency medical services agency license to distribute, dispense, and administer. (1) As used in this section: (a) "Authorizing medical professional" means a practitioner: (i) who is licensed under Section 58-37-105; (ii) who is acting within the scope of the license …