As used in this part:

1. (1)

   1. (a) "Cosmetic drug" means a prescription drug that:

      1. (i) is for the purpose of promoting attractiveness or altering the appearance of an individual; and

      2. (ii)

         1. (A) is listed as a cosmetic drug subject to the exemption under this section by the division by administrative rule; or
         2. (B) has been expressly approved for online dispensing, whether or not it is dispensed online or through a physician's office.

   2. (b) "Cosmetic drug" does not include a prescription drug that is:

      1. (i) a controlled substance;
      2. (ii) compounded by the physician; or
      3. (iii) prescribed for or used by the patient for the purpose of diagnosing, curing, or preventing a disease.

2. (2) "Employer sponsored clinic" means:

   1. (a) an entity that has a medical director who is licensed as a physician as defined in Section 58-67-102 and offers health care only to the employees of an exclusive group of employers and the employees' dependents; or
   2. (b) a clinic designated as a clinic for state employees and their dependents by the Public Employees' Benefit and Insurance Program under the pilot program created by Section 49-20-413 including all the patients at that clinic, regardless of the patients' participation in the pilot program.
3. (3) "Health care" is as defined in Section 31A-1-301.

4. (4)

   1. (a) "Injectable weight loss drug" means an injectable prescription drug:

      1. (i) prescribed to promote weight loss; and
      2. (ii) listed as an injectable prescription drug subject to exemption under this section by the division by administrative rule.
   2. (b) "Injectable weight loss drug" does not include a prescription drug that is a controlled substance.

5. (5) "Prepackaged drug" means a prescription drug that:

   1. (a) is not listed under federal or state law as a Schedule I, II, III, IV, or V drug; and

   2. (b) is packaged in a fixed quantity per package by:

      1. (i) the drug manufacturer;
      2. (ii) a pharmaceutical wholesaler or distributor; or
      3. (iii) a pharmacy licensed under this title.

Amended by Chapter 159, 2016 General Session