Dispensing practice -- Drugs that may be dispensed -- Limitations and exceptions

(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.