58-17b-615 - Sale of prescription drugs not in normal course of business.
58-17b-615. Sale of prescription drugs not in normal course of business.
(1) As used in this section, "seller" means a person selling prescription drugs or devicesowned or lawfully controlled by him, or a party arranging for the sale of prescription drugs ordevices owned by or lawfully controlled by another person, including salvage companies thatacquire prescription drugs and devices from, or act as an agent or representative for freighthaulers and forwarders.
(2) Any sale of prescription drugs in bankruptcy, at public auction, at freight liquidationsales, or any other sale of prescription drugs other than in the normal course of business orpractice shall comply with the following:
(a) a seller of prescription drugs shall be licensed by the division as a prescription drugdistributor or wholesaler with a regular license, or a temporary license for that sale only, beforeengaging in the sale of any prescription drugs; and
(b) a person licensed as a pharmacy under this chapter may not acquire by purchase orother means prescription drugs or devices outside the normal course of business within themeaning of this section unless:
(i) the prescription drugs or devices are accompanied by a certificate signed by a licensedpharmacist employed or retained by the seller, as required in Subsection (3), attesting that theprescription drugs or devices have not been adversely affected by circumstances relating to theirtransportation, storage, or distribution; and
(ii) the licensee acquiring the prescription drugs or devices employs a qualifiedpharmacist who is responsible for determining that all prescription drugs being acquired do notpose any threat to the public welfare if introduced into commerce than would be presented by theacquisition of those prescription drugs and devices in the normal course of business throughestablished channels of prescription drug distribution.
(3) A seller of prescription drugs outside the normal course of business shall retain theservices of a qualified pharmacist licensed to practice in the state to serve as either an employeeor independent consultant to determine if the:
(a) prescription drugs and devices to be offered for sale have been transported, stored,and distributed in accordance with applicable federal, state, and local laws; and
(b) condition of the prescription drugs and devices to be offered for sale has beenadversely affected by the circumstances of transportation, storage, or distribution.
(4) The written notice provided to the division prior to the sale of any prescription drugsor devices under this section shall contain written verification of the pharmacist retained by theseller, stating the drugs or devices offered for sale have not been adversely affected by thecircumstances of transportation, storage, or distribution.
(5) A pharmacist employed by a seller under Subsection (3) or a pharmacy, distributor, orwholesaler for whom that pharmacist may be employed or in which he may have an interest, maynot purchase any prescription drugs or devices from the seller for which that pharmacist hasprovided verification regarding the drugs or devices.
Enacted by Chapter 280, 2004 General Session