Superseded 7/1/2026
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/ut/title-58/chapter-17b/7-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
Superseded 7/1/2026
58-17b-306. Qualifications for licensure as a pharmacy.
(1)Each applicant for licensure under this section, except for those applying for a class D license, shall:
(a)submit a written application in the form the division approves;
(b)pay a fee as determined by the department under Section 63J-1-504 ;
(c)satisfy the division that the applicant, and each owner, officer, or manager of the applicant, has not engaged in any act, practice, or omission, which when considered with the duties and responsibilities of a licensee under this section indicates there is cause to believe that issuing a license to the applicant is inconsistent with the interest of the public's health, safety, or welfare;
(d)demonstrate the licensee's operations will be in accordance with all federal, state, and local laws relating to the type of activity engaged in by the licensee, including regulations of the Federal Drug Enforcement Administration and Food and Drug Administration;
(e)maintain operating standards established by division rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(i)for each pharmacy license, ensure that the pharmacist-in-charge, as defined by the division consents to, and completes, a criminal background check, described in Section 58-1-301.5 ;
(ii)meets any other standard related to the criminal background check described in Subsection (1)(f)(i) , that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)discloses any criminal history the division requests on a form the division approves; and
(g)acknowledge the division's authority to inspect the licensee's business premises pursuant to Section 58-17b-103 .
(2)Each applicant applying for a class D license shall:
(a)submit a written application in the form the division approves;
(b)pay a fee as determined by the department under Section 63J-1-504 ;
(c)present to the division verification of licensure in the state where physically located and verification that such license is in good standing;
(d)satisfy the division that the applicant and each of the applicant's pharmacy managers has not engaged in any act, practice, or omission, which when considered with the duties and responsibilities of a licensee under this section, indicates there is cause to believe that issuing a license to the applicant is inconsistent with the interest of the public's health, safety, or welfare;
(e)for each pharmacy manager:
(i)consent to, and complete, a criminal background check, described in Section 58-1-301.5 ;
(ii)meet any other standard related to the criminal background check described in Subsection (2)(e)(i), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)disclose any criminal history the division requests on a form the division approves;
(f)provide a statement of the scope of pharmacy services that will be provided and a detailed description of the protocol as described by rule by which pharmacy care will be provided, including any collaborative practice arrangements with other health care practitioners;
(g)sign an affidavit attesting that any healthcare practitioners employed by the applicant and physically located in Utah have the appropriate license issued by the division and in good standing;
(h)sign an affidavit attesting that the applicant will abide by the pharmacy laws and regulations of the jurisdiction in which the pharmacy is located; and
(i)if an applicant engages in compounding, submit the most recent inspection report:
(i)conducted within two years before the application for licensure; and
(A)conducted as part of the National Association of Boards of Pharmacy Verified Pharmacy Program; or
(B)performed by the state licensing agency of the state in which the applicant is a resident and in accordance with the National Association of Boards of Pharmacy multistate inspection blueprint program.
(a)Each license issued under this section shall be associated with a single, specific address.
(b)By rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall allow a licensee to update, by request to the division, the address associated with the licensee under Subsection (3)(a), to a new address if the licensee requests the change of address at least 90 days before the day on which the licensee begins operating at the new address.
Amended by Chapter 443 , 2025 General Session