- (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(1)(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(4)(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 Subsection 58-37-6.5(1)(e) .
(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 (April 1, 2024), 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.
Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 37, Utah Controlled Substances Act. In addition:
KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)