1. (1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or device if:

   1. (a) prescribing the prescription drug or device is within the scope of the pharmacist's training and experience;
   2. (b) the prescription drug or device is designated by the division by rule under Subsection (3)(a); and

   3. (c) the prescription drug or device is not a controlled substance that is included in Schedules I, II, III, or IV of:

      1. (i) Section 58-37-108; or
      2. (ii) the federal Controlled Substances Act, Title II, P.L. 91-513.
2. (2) Nothing in this section requires a pharmacist to issue a prescription for a prescription drug or device.

3. (3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

   1. (a) designate the prescription drugs or devices that may be prescribed by a pharmacist under this section, beginning with prescription drugs or devices that address a public health concern that is designated by the Department of Health and Human Services, including:

      1. (i) post-exposure HIV prophylaxis;
      2. (ii) pre-exposure HIV prophylaxis;
      3. (iii) self-administered hormonal contraceptives;
      4. (iv) smoking cessation;
      5. (v) naloxone;
      6. (vi) fluoride;
      7. (vii) vaccines; and
      8. (viii) epinephrine.

   2. (b) create guidelines that a pharmacist must follow when prescribing a prescription drug or device, including guidelines:

      1. (i) for notifying the patient's primary care or other health care provider about the prescription; and
      2. (ii) to prevent the over-prescription of drugs or devices including but not limited to antibiotics;
   3. (c) address when a pharmacist should refer the patient to an appropriate health care provider or otherwise encourage the patient to seek further medical care; and
   4. (d) implement the provisions of this section.

4. (4) The division shall make rules under Subsection (3) in collaboration with:

   1. (a) individuals representing pharmacies and pharmacists;
   2. (b) individuals representing physicians and advanced practice clinicians; and

   3. (c)

      1. (i) if the executive director of the Department of Health and Human Services is a physician, the executive director of the Department of Health and Human Services;
      2. (ii) if the executive director of the Department of Health and Human Services is not a physician, a deputy director who is a physician in accordance with Subsection 26B-1-203(4); or
      3. (iii) a designee of the individual described in Section 26B-1-203.

5. (5) Before November 1 of each year, the division, in consultation with the individuals described in Subsection (4), shall:

   1. (a) develop recommendations for statutory changes to improve patient access to prescribed drugs in the state; and
   2. (b) report the recommendations developed under Subsection (5)(a) to the Health and Human Services Interim Committee.

Amended by Chapter 362, 2026 General Session