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Utah Code Title 58. Occupations and Professions § 58-37-7. Labeling and packaging controlled substance--Informational pamphlet for opiates

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) A person licensed pursuant to this act may not distribute a controlled substance unless it is packaged and labeled in compliance with the requirements of Section 305 of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970.  1

(2) No person except a pharmacist for the purpose of filling a prescription shall alter, deface, or remove any label affixed by the manufacturer.

(3) Whenever a pharmacist sells or dispenses any controlled substance on a prescription issued by a practitioner, the pharmacist shall affix to the container in which the substance is sold or dispensed:

(a) a label showing the:

(i) pharmacy name and address;

(ii) serial number;  and

(iii) date of initial filling;

(b) the prescription number, the name of the patient, or if the patient is an animal, the name of the owner of the animal and the species of the animal;

(c) the name of the practitioner by whom the prescription was written;

(d) any directions stated on the prescription;  and

(e) any directions required by rules and regulations promulgated by the department.

(4) Whenever a pharmacist sells or dispenses a Schedule II or Schedule III controlled substance that is an opiate, a pharmacist shall affix a warning to the container or the lid for the container in which the substance is sold or dispensed that contains the following text:

(a) “Caution:  Opioid.  Risk of overdose and addiction”;  or

(b) any other language that is approved by the Department of Health.

(5)(a) A pharmacist who sells or dispenses a Schedule II or Schedule III controlled substance that is an opiate shall, if available from the Department of Health, prominently display at the point of sale the informational pamphlet developed by the Department of Health under Section 26-55-109.

(b) The board and the Department of Health shall encourage pharmacists to use the informational pamphlet to engage in patient counseling regarding the risks associated with taking opiates.

(c) The requirement in Subsection (5)(a) does not apply to a pharmacist if the pharmacist is unable to obtain the informational pamphlet from the Department of Health for any reason.

(6) A person may not alter the face or remove any label so long as any of the original contents remain.

(7)(a) An individual to whom or for whose use any controlled substance has been prescribed, sold, or dispensed by a practitioner and the owner of any animal for which any controlled substance has been prescribed, sold, or dispensed by a veterinarian may lawfully possess it only in the container in which it was delivered to the individual by the person selling or dispensing it.

(b) It is a defense to a prosecution under this subsection that the person being prosecuted produces in court a valid prescription for the controlled substance or the original container with the label attached.

1  21 U.S.C.A. § 825.
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Cite this article: FindLaw.com - Utah Code Title 58. Occupations and Professions § 58-37-7. Labeling and packaging controlled substance--Informational pamphlet for opiates - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-58-occupations-and-professions/ut-code-sect-58-37-7/

Read this complete Utah Code Title 58. Occupations and Professions § 58-37-7. Labeling and packaging controlled substance--Informational pamphlet for opiates on Westlaw. Westlaw subscription required.

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