2006 Utah Code - 58-17b-501 — Unlawful conduct.

     58-17b-501.   Unlawful conduct.
     "Unlawful conduct" includes:
     (1) knowingly preventing or refusing to permit any authorized agent of the division to conduct an inspection pursuant to Section 58-17b-103;
     (2) failing to deliver the license, permit, or certificate to the division upon demand, if it has been revoked, suspended, or refused;
     (3) (a) using the title "pharmacist", "druggist", "pharmacy intern", "pharmacy technician", or any term having similar meaning, except by a person licensed as a pharmacist, pharmacy intern, or pharmacy technician; or
     (b) conducting or transacting business under a name which contains, as part of that name, the words "drugstore", "pharmacy", "drugs", "medicine store", "medicines", "drug shop", "apothecary", "prescriptions", or any other term having a similar meaning, or in any manner advertising, otherwise describing, or referring to the place of the conducted business or profession, unless the place is a pharmacy issued a license by the division, except any establishment selling nonprescription drugs and supplies may display signs bearing the words "packaged drugs", "drug sundries", or "nonprescription drugs", and is not considered to be a pharmacy or drugstore by reason of the display;
     (4) buying, selling, causing to be sold, or offering for sale, any drug or device which bears, or the package bears or originally did bear, the inscription "sample", "not for resale", "for investigational or experimental use only", or other similar words, except when a cost is incurred in the bona fide acquisition of an investigational or experimental drug;
     (5) using to his own advantages or revealing to anyone other than the division, board, and its authorized representatives, or to the courts, when relevant to any judicial or administrative proceeding under this chapter, any information acquired under authority of this chapter or concerning any method of process which is a trade secret;
     (6) procuring or attempting to procure any drug for himself or to have someone else procure or attempt to procure any drug:
     (a) by fraud, deceit, misrepresentation, or subterfuge;
     (b) by forgery or alteration of a prescription or any written order;
     (c) by concealment of a material fact;
     (d) by use of a false statement in any prescription, chart, order, or report; or
     (e) by theft;
     (7) filling, refilling, or advertising the filling or refilling of prescriptions for any consumer or patient residing in this state if the person is not licensed:
     (a) under this chapter; or
     (b) in the state from which he is dispensing;
     (8) requiring any employed pharmacist, pharmacy intern, pharmacy technician, or authorized supportive personnel to engage in any conduct in violation of this chapter;
     (9) being in possession of a prescription drug for any unlawful purpose;
     (10) dispensing a prescription drug to anyone who does not have a prescription from a practitioner or to anyone who he knows or should know is attempting to obtain drugs by fraud or misrepresentation;
     (11) selling, dispensing, or otherwise trafficking in prescription drugs when not licensed to do so or when not exempted from licensure; and
     (12) using a prescription drug or controlled substance for himself that was not lawfully

prescribed for him by a practitioner.

Enacted by Chapter 280, 2004 General Session