2006 Utah Code - 58-17b-502 — Unprofessional conduct.

     58-17b-502.   Unprofessional conduct.
     "Unprofessional conduct" includes:
     (1) willfully deceiving or attempting to deceive the division, the board, or their agents as to any relevant matter regarding compliance under this chapter;
     (2) except for price discounts conditional upon volume purchases:
     (a) paying rebates to practitioners or any other health care providers; and
     (b) entering into any agreement with a medical practitioner or any other person for the payment or acceptance of compensation or its economic equivalent for recommending the professional services of either party;
     (3) misbranding or adulteration of any drug or device or the sale, distribution, or dispensing of any outdated, misbranded, or adulterated drug or device;
     (4) engaging in the sale or purchase of drugs or devices that are samples or packages bearing the inscription "sample" or "not for resale" or similar words or phrases;
     (5) except as provided in Section 58-17b-503, accepting back and redistributing of any unused drug, or a part of it, after it has left the premises of any pharmacy, unless the drug is in a unit pack, as defined in Section 58-17b-503, or the manufacturer's sealed container, as defined in rule;
     (6) being employed as a pharmacist, pharmacy intern, or pharmacy technician, or sharing or receiving compensation in any form arising out of an act incidental to professional activities in the course of which any person requires him to engage in any aspect of the practice of pharmacy in violation of this chapter;
     (7) violating Federal Title II, P.L. 91, Controlled Substances Act, or Title 58, Chapter 37, Utah Controlled Substances Act, or rules and regulations adopted under either act;
     (8) requiring or permitting pharmacy interns or technicians to engage in activities outside the scope of practice for their respective license classifications as defined in this chapter and division rules made in collaboration with the board, or beyond an individual's scope of training and ability;
     (9) administering:
     (a) without appropriate training, as defined by rule;
     (b) without a physician's order, when one is required by law; and
     (c) in conflict with a practitioner's written guidelines or written protocol for administering;
     (10) disclosing confidential patient information in violation of the provisions of the Health Insurance Portability and Accountability Act of 1996 or other applicable law;
     (11) engaging in the practice of pharmacy without a licensed pharmacist designated as the pharmacist-in-charge;
     (12) failing to report to the division any adverse action taken by another licensing jurisdiction, government agency, law enforcement agency, or court for conduct that would constitute grounds for action, as defined in this section;
     (13) preparing as a pharmacist or pharmacy intern, a prescription drug for sale to another pharmacist or pharmaceutical facility; and
     (14) preparing as a pharmacist or pharmacy intern, a prescription drug in a dosage form which is regularly and commonly available from a manufacturer in quantities and strengths prescribed by a practitioner.

Amended by Chapter 160, 2005 General Session