58-71-801. Disclosure of financial interest by licensee -- Kick-back prohibition.
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Effective 5/3/2023
58-71-801. Disclosure of financial interest by licensee -- Kick-back prohibition.
(1)Except as provided in Subsection
(2), a naturopathic physician may not refer an individual to any of the following entities where the naturopathic physician or a member of the naturopathic physician's immediate family has an ownership interest:
(a)a pharmacy as defined in Section 58-17b-102 or pharmaceutical facility as defined in Section 58-17b-102 ; or
(b)a retail store, wholesaler, distributor, manufacturer, or facility of any other kind located in this state that is engaged in the sale, dispensing, delivery, distribution, or manufacture of homeopathic remedies, dietary supplements, or natural medicines.
(a)A naturopathic physician may refer an individual to an entity described in Subsection (1)(a) or
(b)if:
(i)the entity's stock is publicly traded and the naturopathic physician owns less than 5% of the entity's outstanding stock; or
(ii)at the time of the referral, the naturopathic physician discloses in writing that the naturopathic physician or a member of the naturopathic physician's immediate family has an ownership interest in the entity.
(b)A disclosure described in Subsection (2)(a)(ii) shall include a statement informing the patient that the patient may choose to obtain a good or service from another entity.
(c)A naturopathic physician shall comply with any applicable federal laws regarding patient referrals and kick-backs that apply to a physician.
(3)A naturopathic physician may sell from the naturopathic physician's office homeopathic remedies or dietary supplements as defined in the Federal Food Drug and Cosmetic Act consistent with division rule.
Amended by Chapter 311 , 2023 General Session