Section R156-37-102 - DefinitionsThe following definitions supplement the definitions in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 37, Utah Controlled Substances Act:
(1) "DEA" means the Drug Enforcement Administration of the United States Department of Justice.(2) "Electronic Controlled Substance Prescribing Extension" means the prescribing practitioner or pharmacy has a controlled substance designation class indicated on the license, approved by the Division under Section R156-37-610, and does not participate in electronic prescriptions for controlled substances.(3) "Emergency situation," for purposes of Subsection 58-37-6(7)(c)(iii) and Section R156-37-605 for emergency verbal prescriptions, Subsection 58-37-6(7)(d) for prescription signature and information requirements, and Subsection 58-37-22(10)(e) for electronic prescription requirements:(a) means a situation in which the prescribing practitioner who intends to prescribe a controlled substance, or the pharmacy that intends to dispense a controlled substance, has determined that:(i) the controlled substance prescription cannot be issued, filled, compounded, dispensed, or transmitted electronically as an electronic prescription in compliance with the statutory requirement without causing a delay;(ii) the delay would adversely impact the patient's medical condition; and(iii) the prompt prescribing or dispensing of the controlled substance is necessary for the proper treatment of the patient; and(b) includes a situation when a prescription is written for an emergent or urgent condition: (i) at a time when the prescribing practitioner is not reasonably able to transmit an electronic prescription to the patient's desired pharmacy for dispensing; or(ii) after normal pharmacy business hours including weekends, holidays, late evening or overnight, and the patient cannot fill the prescription secondary to limited access to 24-hour pharmacy locations and no access to their regular pharmacy.(4) "Forward" in Subsection R156-37-609(5)(a) means an original unfilled electronic controlled substance prescription.(5) "NABP" means the National Association of Boards of Pharmacy.(6) "Principal place of business or professional practice" in Subsection 58-37-6(2)(e), means any location where controlled substances are received or stored.(7) "Schedule II controlled stimulant" means any material, compound, mixture, or preparation listed in Subsection 58-37-4(2)(b)(iii).(8) "SBIRT training" means training in the Screening, Brief Intervention, and Referral to Treatment approach used by the federal Substance Abuse and Mental Health Services Administration, as defined in Subsections 58-37-6.5(1)(e) and 58-37-6.5(3).(9) "Technical difficulty or electronic failure" in Subsection 58-37-22(1)(d) means a loss of electrical power or internet service, a failure of a computer system, application, or device, or other service interruption to a computer system that reasonably prevents:(a) a practitioner from transmitting an electronic controlled substance prescription to a pharmacy;(b) a pharmacy from receiving an electronic controlled substance prescription or transmitting an electronic controlled substance prescription to a different pharmacy in accordance with Subsection 58-37-22(3); or(c) compliance by a practitioner or a pharmacy with the requirements of state or federal law, including 21 CFR Part 1311 (July 26, 2022), which is incorporated by reference.(10) "Unprofessional conduct" as defined in Title 58, Occupations and Professions, is further defined in accordance with Subsections 58-1-203(1)(e) and 58-37-6(1)(a), in Section R156-37-502.Utah Admin. Code R156-37-102
Amended by Utah State Bulletin Number 2018-1, effective 12/11/2017Amended by Utah State Bulletin Number 2023-02, effective 1/5/2023