58-82-102 (Effective 07/01/12) - Definitions. - Utah Statutes

58-82-102 (Effective 07/01/12). Definitions.
As used in this chapter:
(1) "Drug" is as defined in Section 58-37-2.
(2) "Electronic prescribing" means the electronic generation and transmission of aprescription between a practitioner and a pharmacy.
(3) "Existing patient" means a person who a practitioner has:
(a) obtained information regarding, in the usual course of professional practice, that issufficient to:
(i) establish a diagnoses;
(ii) identify conditions; and
(iii) identify contraindications to potential treatment; and
(b) accepted as a patient.
(4) (a) "Federal controlled substance" means a drug or substance included in Schedules I,II, III, IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513, or any federalcontrolled substance analog.
(b) "Federal controlled substance" does not include:
(i) distilled spirits, wine, or malt beverages, as those terms are defined or used in Title32B, Alcoholic Beverage Control Act, regarding tobacco or food;
(ii) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, orprevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred,or furnished as an over-the-counter medication without prescription; or
(iii) dietary supplements, vitamins, minerals, herbs, or other similar substances includingconcentrates or extracts, which are not otherwise regulated by law, which may contain naturallyoccurring amounts of chemicals or substances listed in this chapter, or in rules adopted pursuantto Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) (a) "Federal controlled substance analog" means a substance the chemical structure ofwhich is substantially similar to the chemical structure of a controlled substance listed inSchedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513:
(i) which has a stimulant, depressant, or hallucinogenic effect on the central nervoussystem substantially similar to the stimulant, depressant, or hallucinogenic effect on the centralnervous system of controlled substances in the schedules set forth in Subsection (4); or
(ii) which, with respect to a particular individual, is represented or intended to have astimulant, depressant, or hallucinogenic effect on the central nervous system substantially similarto the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlledsubstances in the schedules set forth in Subsection (4).
(b) "Federal controlled substance analog" does not include:
(i) a controlled substance currently scheduled in Schedules I through V of Section58-37-4;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use bya particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 355, to theextent the conduct with respect to the substance is permitted by the exemption;
(iv) any substance to the extent not intended for human consumption before anexemption takes effect with respect to the substance;

---

(v) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, orprevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred,or furnished as an over-the-counter medication without prescription; or
(vi) dietary supplements, vitamins, minerals, herbs, or other similar substances includingconcentrates or extracts, which are not otherwise regulated by law, which may contain naturallyoccurring amounts of chemicals or substances listed in this chapter, or in rules adopted pursuantto Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) "Pharmacy" is as defined in Section 58-17b-102.
(7) "Practitioner" means an individual currently licensed, registered, or otherwiseauthorized by the state to prescribe and administer a drug in the course of professional practice.
(8) "Prescription" is as defined in Section 58-37-2.

Amended by Chapter 276, 2010 General Session