58-37f-602. Failure by pharmacist to submit information -- Penalties.

262 words·~1 min read·/ut/title-58/chapter-37f/58-37f-602

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/8/2018

(1)The failure of a pharmacist-in-charge, a pharmacy, or a third party under contract with a pharmacist-in-charge to submit information to the database in accordance with the requirements of Section 58-37f-203 , after the division has submitted a specific written request for the information or when the division determines the pharmacist-in-charge, pharmacy, or third party has a demonstrable pattern of failing to submit the information as required, is grounds for the division to take the following actions in accordance with Section 58-1-401 :

(a)refuse to issue a license to the pharmacist-in-charge or the pharmacy;

(b)refuse to renew the license of the pharmacist-in-charge or the pharmacy;

(c)revoke, suspend, restrict, or place on probation the license of the pharmacist-in-charge or the pharmacy;

(d)issue a public reprimand to the pharmacist-in-charge or the pharmacy;

(e)issue a cease and desist order to the pharmacist-in-charge, the pharmacy, or the third party; and

(f)impose a civil penalty on the pharmacist-in-charge, the pharmacy, or the third party of up to $1,000 for each dispensed prescription regarding which the required information is not submitted in accordance with the requirements of Section 58-37f-203 .

(2)Civil penalties assessed under Subsection (1)(f) shall be deposited in the General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1) .

(3)The procedure for determining a civil violation of this section shall be in accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.

Amended by Chapter 123 , 2018 General Session