58-88-202. Dispensing practice -- Drugs that may be dispensed -- Limitations and exceptions.

462 words·~2 min read·/ut/title-58/chapter-88/58-88-202

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

Effective 5/6/2026

(1)Notwithstanding Section 58-17b-302 , a dispensing practitioner may dispense a drug at a licensed dispensing practice if the drug is:

(a)packaged in a fixed quantity per package by:

(i)the drug manufacturer;

(ii)a pharmaceutical wholesaler or distributor; or

(iii)a pharmacy licensed under Chapter 17b, Pharmacy Practice Act;

(b)dispensed:

(i)at a licensed dispensing practice at which the dispensing practitioner regularly practices; and

(ii)under a prescription issued by the dispensing practitioner to the dispensing practitioner's patient;

(c)except as provided in Subsection

(6), for a condition that is not expected to last longer than 30 days; and

(d)for a condition for which the patient has been evaluated by the dispensing practitioner on the same day on which the dispensing practitioner dispenses the drug.

(2)A dispensing practitioner may not dispense:

(a)a controlled substance as defined in Section 58-37-101 ;

(b)a drug or class of drugs that is designated by the division under Subsection 58-88-205(2) ; or

(c)a supply of a drug under this part that exceeds a 30-day supply.

(3)A dispensing practitioner may not make a claim against workers' compensation or automobile insurance for a drug dispensed under this part for outpatient use unless the dispensing practitioner is contracted with a pharmacy network established by the claim payor.

(4)When a dispensing practitioner dispenses a drug to the patient under this part, a dispensing practitioner shall:

(a)disclose to the patient verbally and in writing that the patient is not required to fill the prescription through the licensed dispensing practice and that the patient has a right to fill the prescription through a pharmacy; and

(b)if the patient will be responsible to pay cash for the drug, disclose:

(i)that the patient will be responsible to pay cash for the drug; and

(ii)the amount that the patient will be charged by the licensed dispensing practice for the drug.

(5)This part does not:

(a)require a dispensing practitioner to dispense a drug under this part;

(b)limit a health care prescriber from dispensing under Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or

(c)apply to a physician who dispenses:

(i)a drug sample, as defined in Section 58-17b-102 , to a patient in accordance with Section 58-1-501.3 or Section 58-17b-610 ; or

(ii)a drug in an emergency situation as defined by the division in rule under Chapter 17b, Pharmacy Practice Act.

(6)A dispensing practitioner that is a dentist may dispense prescription fluoride medication regardless of whether the condition the fluoride is treating will last longer than 30 days.

Amended by Chapter 362 , 2026 General Session