58-37c-19.5 - Iodine solution greater than 1.5% -- Prescription or permit required -- Penalties.
58-37c-19.5. Iodine solution greater than 1.5% -- Prescription or permit required --Penalties.
(1) As used in this section, "iodine matrix" means iodine at concentrations greater than1.5% by weight in a matrix or solution.
(2) A person may offer to sell, sell, or distribute an iodine matrix only:
(a) as a prescription drug, pursuant to a prescription issued by a veterinarian or physicianlicensed within the state; or
(b) to a person who is actively engaged in the legal practice of animal husbandry oflivestock, as defined in Section 4-1-8.
(3) Prescriptions issued under this section:
(a) shall provide for a specified number of refills;
(b) may be issued by electronic means, in accordance with Title 58, Chapter 17b,Pharmacy Practice Act; and
(c) may be filled by a person other than the veterinarian or physician issuing theprescription.
(4) A retailer offering iodine matrix for sale:
(a) shall store the iodine matrix so that the public does not have access to the iodinematrix without the direct assistance or intervention of a retail employee;
(b) shall keep a record, which may consist of sales receipts, of each person purchasingiodine matrix; and
(c) may, if necessary to ascertain the identity of the purchaser, ask for proof ofidentification from the purchaser.
(5) A person engaging in a regulated transaction under Subsection (2) is guilty of a classB misdemeanor if the person, under circumstances not amounting to a violation of Subsection58-37d-4(1)(c), offers to sell, sells, or distributes an iodine matrix to a person who:
(a) does not present a prescription or is not engaged in animal husbandry, as requiredunder Subsection (2); or
(b) is not excepted under Subsection (7).
(6) A person is guilty of a class A misdemeanor who, under circumstances notamounting to a violation of Subsection 58-37c-3(12)(k) or 58-37d-4(1)(a):
(a) possesses an iodine matrix without proof of obtaining the solution in compliance withSubsection (2); or
(b) offers to sell, sells, or distributes an iodine matrix in violation of Subsection (2).
(7) Subsection (6)(a) does not apply to:
(a) a chemistry or chemistry-related laboratory maintained by:
(i) a public or private regularly established secondary school; or
(ii) a public or private institution of higher education that is accredited by a regional ornational accrediting agency recognized by the United States Department of Education;
(b) a veterinarian licensed to practice under Title 58, Chapter 28, Veterinary PracticeAct;
(c) a general acute hospital; or
(d) a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer,warehouseman, or common carrier, or an agent of any of these persons who possesses an iodinematrix in the regular course of lawful business activities.
Amended by Chapter 280, 2004 General Session