Title 58, Occupations and Professions

58-37-405. Enforcement. (1) A law enforcement officer, as that term is defined in Section 53-13-103, except for an officially designated drug enforcement task force regarding conduct that is not in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharm…

58-37-406. Exemption for 7-hydroxymitragyine in kratom products. (1) As used in this section, "pure leaf kratom" means the same as that term is defined in Section 4-45-102. (2) Notwithstanding any other provision of this chapter a person who possesses, manufacturers, or distribut…

58-37c-101. Definitions. In addition to the definitions in Section 58-1-102, as used in this chapter: (1) "Controlled substance precursor" includes a chemical reagent and means any of the following: (a) Phenyl-2-propanone; (b) Methylamine; (c) Ethylamine; (d) D-lysergic acid; (e)…

58-37c-102. Responsibility of Department of Commerce -- Delegation to the Division of Professional Licensing -- Rulemaking authority of the division. (1) The Department of Commerce is responsible for the enforcement of the licensing and reporting provisions of this chapter. (2) T…

58-37c-103. Division duties. (1) The division is responsible for the licensing and reporting provisions of this chapter. (2) The duties described in Subsection (1) include: (a) providing for a system of licensure of regulated distributors and regulated purchasers; (b) refusing to…

58-37c-104. Controlled substance precursor license. (1) The division shall issue to persons qualified under the provisions of this chapter and rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a controlled substance precursor license. (2) It is u…

58-37c-105. License -- Exceptions from licensure or regulation. (1) A person engaged in a regulated transaction under this chapter shall hold a controlled substance precursor license issued under Section 58-37c-104, unless excepted from licensure under this chapter. (2) The divis…

58-37c-106. Term of license -- Expiration -- Renewal. (1)(a) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. (b) A renewal period may be extended or shortened by as much as one year to maintain established re…

58-37c-107. Reporting and recordkeeping -- Penalty. (1) Any person who engages in a regulated transaction, unless excepted under the provisions of Subsections 58-37c-105(3) and (4), shall submit a report with respect to such transaction and shall maintain records of inventories i…

58-37c-108. Grounds for denial of license -- Disciplinary proceedings. Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or priva…

58-37c-109. License does not authorize possession of controlled substances. Nothing in the provisions of this chapter shall authorize a person not licensed under provisions of Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Subst…

58-37c-110. Emergency listing provision. (1) Upon a written finding of cause by the director that the listing of a chemical as a controlled substance precursor is necessary to protect the public health, safety, or welfare, the director may make an emergency listing of that chemic…

58-37c-111. Civil forfeiture. The following shall be subject to forfeiture in accordance with the procedures and substantive protections of Title 77, Chapter 11b, Forfeiture of Seized Property: (1) all listed controlled substance precursor chemicals regulated under the provisions…

58-37c-112. Inspection authority. For the purpose of inspecting, copying, and auditing records and reports required under this chapter and rules adopted under this chapter, and for the purpose of inspecting and auditing inventories of listed controlled substance precursors, the d…

58-37c-113. Department of Public Safety enforcement authority. (1) As used in this section, "division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section 53-10-103. (2)(a) The division has authority to enforce …

58-37c-114. Penalty for unlawful conduct. (1) A violation of an unlawful conduct provision defined in Subsections 58-37c-101(11)(a) through (j) is a class A misdemeanor. (2) A violation of the unlawful conduct provision defined in Subsection 58-37c-101(11)(k) is a second degree f…

58-37c-201. Definitions. Reserved.

58-37c-202. Recordkeeping requirements for sale of crystal iodine -- Penalty. (1) A person licensed to engage in a regulated transaction and who sells crystal iodine to another person shall: (a) comply with the recordkeeping requirements of Section 58-37c-107; (b) require photo i…

58-37c-203. Possession or sale of crystal iodine -- Penalty. (1) A person licensed to engage in a regulated transaction is guilty of a class B misdemeanor if, under circumstances not amounting to a violation of Subsection 76-18-506(2)(c), the person offers to sell, sells, or dist…

58-37c-204. Iodine solution greater than 1.5% -- Prescription or permit required -- Penalties. (1) As used in this section, "iodine matrix" means iodine at concentrations greater than 1.5% by weight in a matrix or solution. (2) A person may offer to sell, sell, or distribute an i…

58-37c-205. Red phosphorus is a precursor -- Penalty -- Affirmative defense. (1) A person who is not licensed to engage in a regulated transaction and is not excepted from licensure is guilty of a class A misdemeanor if, under circumstances not amounting to a violation of Subsect…

58-37c-206. Anhydrous ammonia is a precursor -- Penalty -- Requirements regarding purposes and containers. (1) A person who is not licensed to engage in a regulated transaction and is not excepted from licensure or exempted under Subsection (2), and who possesses any amount of an…

58-37c-207. Possession of ephedrine, pseudoephedrine, or phenylpropanolamine -- Penalties -- Affirmative defense. (1) A person is guilty of a class A misdemeanor if the person: (a) is not licensed to engage in regulated transactions and is not excepted from licensure; and (b) und…

58-37c-208. Pseudoephedrine products -- Limitations on retail sale -- Penalty. (1) As used in this section: (a) "Mobile retail vendor" means a person or entity that sells product at retail from a stand that is intended to be temporary, or that is capable of being moved from one l…

58-37c-209. Online sales of pseudoephedrine -- Electronic tracking system. (1) As used in this section: (a) "Electronic tracking system" means the real-time, stop-sale electronic sales tracking system described in Subsection (2). (b) "Product" means the same as that term is defin…

58-37e-101. Definitions. As used in this chapter: (1) "Illegal drug" means a drug or controlled substance whose distribution is a violation of state law. (2) "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, throug…

58-37e-102. Liability for participation in the illegal drug market -- Exemption. (1)(a) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. (b) A person may recover damages under this chapter fo…

58-37e-103. Recovery of damages. (1) One or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug: (a) a parent, legal guardian, child, spouse, or sibling of the individual drug user; (b) an individual who was exposed to an…

58-37e-104. Limited recovery of damages by individual drug user. (1)(a) An individual drug user may not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this section. (b) An individual drug user may bring an action for damages caus…

58-37e-105. Third party cases. A third party may not pay damages awarded under this chapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.

58-37e-106. Illegal drug market target community. A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community: (1) Level 4: the county in which the defendant's place…

58-37e-107. Joinder of parties. (1) Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of …

58-37e-108. Comparative responsibility. (1)(a) An action by an individual drug user is governed by the principles of comparative responsibility. (b) Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages propo…

58-37e-109. Contribution among and recovery from multiple defendants. (1) A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. (2) Contribution may be enforced either in the origina…

58-37e-110. Standard of proof -- Effect of criminal drug conviction. (1)(a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. (b) Except as otherwise provided in this chapter, other elements …

58-37e-111. Prejudgment attachment and execution on judgments. (1)(a) A plaintiff under this chapter, subject to Subsection (3), may request an ex parte prejudgment writ of attachment from the court pursuant to Utah Rules of Civil Procedure, Rule 64A, against all assets of a defe…

58-37e-112. Statute of limitations. (1)(a) Except as otherwise provided in this section, a claim under this chapter may not be brought more than two years after the cause of action accrues. (b) A cause of action accrues under this chapter when a person who may recover has reason …

58-37e-113. Representation of governmental entities -- Stay of action. (1) A county attorney, district attorney, or city attorney may represent any political subdivision of the state, and the attorney general may represent the state in an action brought under this chapter. (2) On…

58-37f-101. Title. This chapter is known as the "Controlled Substance Database Act."

58-37f-102. Definitions. (1) The definitions in Section 58-37-101 apply to this chapter. (2) As used in this chapter: (a) "Board" means the Utah State Board of Pharmacy created in Section 58-17b-201. (b) "Business associate" is as defined under the HIPAA privacy, security, and br…

58-37f-201. Controlled substance database -- Creation -- Purpose. (1) There is created within the division a controlled substance database. (2) The division shall administer and direct the functioning of the database in accordance with this chapter. (3) The division may, under st…

58-37f-202. Duties of board in relation to the database. The board shall advise the division regarding: (1) establishing, maintaining, and operating the database; (2) access to the database and how access is obtained; and (3) control of information contained in the database.

58-37f-203. Submission, collection, and maintenance of data. (1)(a) The division shall implement on a statewide basis, including non-resident pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to submit information: (i) real-time submission of…

58-37f-301. Access to database. (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) effectively enforce the limitations on access to the database as described in this part; and (b) establish standards and procedu…

58-37f-302. Other restrictions on access to database. (1) A person who is a relative of a deceased individual is not entitled to access information from the database relating to the deceased individual based on the fact or claim that the person is: (a) related to the deceased ind…

58-37f-303. Access to controlled substance prescription information via an electronic data system. (1) As used in this section: (a) "Controlled substance" means any substance listed in Subsection 58-37-108(2)(b) through(2)(e). (b) "Dispense" means the same as that term is defined…