37-2-103. Practices declared unlawful between medical practitioners and pharmacies -- exceptions.
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37-2-103 . Practices declared unlawful between medical practitioners and pharmacies -- exceptions.
(1)It is unlawful for a medical practitioner other than a pharmacist to own, directly or indirectly, a community pharmacy. This subsection does not prohibit a medical practitioner from dispensing a drug that the medical practitioner is permitted to dispense under 37-2-104 .
(2)It is unlawful for a medical practitioner, directly or indirectly, to solicit or to knowingly receive from a community pharmacy or for a community pharmacy knowingly to pay or promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon income received or resulting from the sale or furnishing by the community pharmacy of drugs to patients of a medical practitioner.
(3)Subsection
(2)does not prohibit a pharmacy licensed under Title 37, chapter 7, from undertaking activities allowed under Title 37, chapter 7.