Utah State Legislature

            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 Board created in Section 58-83-201.

            (2) "Branching questionnaire" means an adaptive and progressive assessment tool approved by the board.

            (3) "Delivery of online pharmaceutical services" means the process in which a prescribing practitioner diagnoses a patient and prescribes one or more of the drugs authorized by Section 58-83-306, using:

            (a) a branching questionnaire or other assessment tool approved by the division for the purpose 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 electronic communication between and among an online prescriber, the online prescriber's patient, and the online contract pharmacy.

            (6) "Online contract pharmacy" means a pharmacy licensed and in good standing under Chapter 17b, Pharmacy Practice Act, as either a Class A Retail Pharmacy or a Class B Closed Door Pharmacy and licensed under this chapter to fulfill prescriptions issued by an online prescriber 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, and prescribing 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 as further defined by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Enacted by Chapter 180, 2010 General Session