58-83-102 - Definitions.

58-83-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Online Prescribing, Dispensing, and Facilitation Licensing Boardcreated in Section 58-83-201.
(2) "Branching questionnaire" means an adaptive and progressive assessment toolapproved by the board.
(3) "Delivery of online pharmaceutical services" means the process in which aprescribing practitioner diagnoses a patient and prescribes one or more of the drugs authorized bySection 58-83-306, using:
(a) a branching questionnaire or other assessment tool approved by the division for thepurpose of diagnosing and assessing a patient's health status;
(b) an Internet contract pharmacy to:
(i) dispense the prescribed drug; or
(ii) transfer the prescription to another pharmacy; and
(c) an Internet facilitator to facilitate the practices described in Subsections (3)(a) and(b).
(4) "Division" means the Utah Division of Occupational and Professional Licensing.
(5) "Internet facilitator" means a licensed provider of a web-based system for electroniccommunication between and among an online prescriber, the online prescriber's patient, and theonline contract pharmacy.
(6) "Online contract pharmacy" means a pharmacy licensed and in good standing underChapter 17b, Pharmacy Practice Act, as either a Class A Retail Pharmacy or a Class B ClosedDoor Pharmacy and licensed under this chapter to fulfill prescriptions issued by an onlineprescriber through a specific Internet facilitator.
(7) "Online prescriber" means a person:
(a) licensed under another chapter of this title;
(b) whose license under another chapter of this title includes assessing, diagnosing, andprescribing authority for humans; and
(c) who has obtained a license under this chapter to engage in online prescribing.
(8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-83-501.
(9) "Unprofessional conduct" is as defined in Sections 58-1-203 and 58-83-502, and asfurther defined by the division in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.

Enacted by Chapter 180, 2010 General Session