1. (1)

   1. (a) Any pharmacy, except a wholesaler, distributor, out-of-state mail service pharmacy, or class E pharmacy, shall be under the general supervision of at least one pharmacist licensed to practice in Utah. One pharmacist licensed in Utah shall be designated as the pharmacist-in-charge, whose responsibility it is to oversee the operation of the pharmacy.

   2. (b) Notwithstanding Subsection 58-17b-102(71), a supervising pharmacist does not have to be in the pharmacy or care facility but shall be available via a telepharmacy system for immediate contact with the supervised pharmacy technician or pharmacy intern if:

      1. (i) the pharmacy is located in an area of need as defined by the division, in consultation with the board, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
      2. (ii) the supervising pharmacist described in Subsection (1)(a) is not available;
      3. (iii) the telepharmacy system maintains records and files quarterly reports as required by division rule to assure that patient safety is not compromised; and
      4. (iv) the arrangement is approved by the division in collaboration with the board.
   3. (c) Subsection (1)(b) applies to a pharmacy that is located in a hospital only if the hospital is controlled by a local board that owns no more than two hospitals.
   4. (d) A supervising pharmacist may not supervise more than two pharmacies simultaneously under Subsection (1)(b).
2. (2) Each out-of-state mail service pharmacy shall designate and identify to the division a pharmacist holding a current license in good standing issued by the state in which the pharmacy is located and who serves as the pharmacist-in-charge for all purposes under this chapter.

Amended by Chapter 159, 2026 General Session