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Section 902 - Definitions.

UT Code § 58-17b-902 (2019) (N/A)
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(1) "Assisted living facility" means the same as that term is defined in Section 26-21-2.

(2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a drug used in chemotherapy to destroy cancer cells.

(3) "Charitable clinic" means a charitable nonprofit corporation that: (a) holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code; (b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; (c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation: (i) advice; (ii) counseling; (iii) diagnosis; (iv) treatment; (v) surgery; or (vi) care or services relating to the preservation or maintenance of health; and (d) has a licensed outpatient pharmacy.

(a) holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code;

(b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;

(c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation: (i) advice; (ii) counseling; (iii) diagnosis; (iv) treatment; (v) surgery; or (vi) care or services relating to the preservation or maintenance of health; and

(i) advice;

(ii) counseling;

(iii) diagnosis;

(iv) treatment;

(v) surgery; or

(vi) care or services relating to the preservation or maintenance of health; and

(d) has a licensed outpatient pharmacy.

(4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable clinic.

(5) "County health department" means the same as that term is defined in Section 26A-1-102.

(6) "Donated prescription drug" means a prescription drug that an eligible donor donates to an eligible pharmacy under the program.

(7) "Eligible donor" means a donor that donates a prescription drug from within the state and is: (a) a nursing care facility; (b) an assisted living facility; (c) a licensed intermediate care facility for people with an intellectual disability; (d) a manufacturer; (e) a pharmaceutical wholesale distributor; (f) an eligible pharmacy; or (g) a physician's office.

(a) a nursing care facility;

(b) an assisted living facility;

(c) a licensed intermediate care facility for people with an intellectual disability;

(d) a manufacturer;

(e) a pharmaceutical wholesale distributor;

(f) an eligible pharmacy; or

(g) a physician's office.

(8) "Eligible pharmacy" means a pharmacy that: (a) is registered by the division as eligible to participate in the program; and (b) is operated by: (i) a county; (ii) a county health department; (iii) a pharmacy under contract with a county health department; (iv) the Department of Health, created in Section 26-1-4; (v) the Division of Substance Abuse and Mental Health, created in Section 62A-15-103; or (vi) a charitable clinic.

(a) is registered by the division as eligible to participate in the program; and

(b) is operated by: (i) a county; (ii) a county health department; (iii) a pharmacy under contract with a county health department; (iv) the Department of Health, created in Section 26-1-4; (v) the Division of Substance Abuse and Mental Health, created in Section 62A-15-103; or (vi) a charitable clinic.

(i) a county;

(ii) a county health department;

(iii) a pharmacy under contract with a county health department;

(iv) the Department of Health, created in Section 26-1-4;

(v) the Division of Substance Abuse and Mental Health, created in Section 62A-15-103; or

(vi) a charitable clinic.

(9) "Eligible prescription drug" means a prescription drug, described in Section 58-17b-904, that is not: (a) a controlled substance; or (b) a drug that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements.

(a) a controlled substance; or

(b) a drug that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements.

(10) "Licensed intermediate care facility for people with an intellectual disability" means the same as that term is defined in Section 58-17b-503.

(11) "Medically indigent individual" means an individual who: (a) (i) does not have health insurance; and (ii) lacks reasonable means to purchase prescribed medications; or (b) (i) is covered under Medicaid or Medicare; and (ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed medications.

(a) (i) does not have health insurance; and (ii) lacks reasonable means to purchase prescribed medications; or

(i) does not have health insurance; and

(ii) lacks reasonable means to purchase prescribed medications; or

(b) (i) is covered under Medicaid or Medicare; and (ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed medications.

(i) is covered under Medicaid or Medicare; and

(ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed medications.

(12) "Nursing care facility" means the same as that term is defined in Section 26-18-501.

(13) "Physician's office" means a fixed medical facility that: (a) is staffed by a physician, physician's assistant, nurse practitioner, or registered nurse, licensed under Title 58, Occupations and Professions; and (b) treats an individual who presents at, or is transported to, the facility.

(a) is staffed by a physician, physician's assistant, nurse practitioner, or registered nurse, licensed under Title 58, Occupations and Professions; and

(b) treats an individual who presents at, or is transported to, the facility.

(14) "Program" means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903.

(15) "Unit pack" means the same as that term is defined in Section 58-17b-503.

(16) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-17b-501.

(17) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-17b-502.

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Section 902 - Definitions.