(1) "Unprofessional conduct" includes: (a) willfully deceiving or attempting to deceive the division, the board, or their agents as to any relevant matter regarding compliance under this chapter; (b) except as provided in Subsection (2): (i) paying or offering rebates to practitioners or any other health care providers, or receiving or soliciting rebates from practitioners or any other health care provider; or (ii) paying, offering, receiving, or soliciting compensation in the form of a commission, bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care provider, for the purpose of obtaining referrals; (c) misbranding or adulteration of any drug or device or the sale, distribution, or dispensing of any outdated, misbranded, or adulterated drug or device; (d) engaging in the sale or purchase of drugs or devices that are samples or packages bearing the inscription "sample" or "not for resale" or similar words or phrases; (e) except as provided in Section 58-17b-503, accepting back and redistributing any unused drug, or a part of the unused drug, after the unused drug has left the premises of a pharmacy; (f) an act in violation of this chapter that a person commits for any form of compensation if the act is incidental to the person's professional activities, including the activities of a pharmacist, pharmacy intern, or pharmacy technician; (g) violating: (i) the federal Controlled Substances Act, Title II, P.L. 91-513; (ii) Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; or (iii) rules or regulations adopted under either act; (h) requiring or permitting pharmacy interns or technicians to engage in activities outside the scope of practice for their respective license classifications, as defined in this chapter and division rules made in collaboration with the board, or beyond their scope of training and ability; (i) administering: (i) without appropriate training, as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) without a physician's order, when the law requires a physician's order; or (iii) in conflict with a practitioner's written guidelines or written protocol for administering; (j) disclosing confidential patient information in violation of the provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended, or other applicable law; (k) engaging in the practice of pharmacy without a licensed pharmacist designated as the pharmacist-in-charge; (l) failing to report to the division any adverse action that another licensing jurisdiction, government agency, law enforcement agency, or court takes for conduct that in substance would be considered unprofessional conduct under this section; (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage form which is commonly available from a manufacturer in quantities and strengths a practitioner prescribes; (n) failing to act in accordance with Title 26B, Chapter 4, Part 5, Treatment Access, when dispensing a self-administered hormonal contraceptive under a standing order; (o) violating the requirements of Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or (p) falsely making an entry in, or altering, a medical record with the intent to conceal: (i) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or (ii) conduct described in Subsections (1)(a) through (o) or Subsection 58-1-501(1). (2) Subsection (1)(b) does not apply to: (a) giving or receiving a price discount based on purchase volume; (b) passing along a pharmaceutical manufacturer's rebate; or (c) providing compensation for services to a veterinarian. (3) "Unprofessional conduct" does not include: (a) in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy; or (b) if a pharmacist reasonably believes that a prescription drug will have adverse or harmful effects on an individual and warns the individual of the potential effects, filling a prescription prescribed by a health care provider who: (i) is operating within the health care provider's scope of practice; and (ii) is deviating from a medical norm or established practice in accordance with Subsection 58-1-501(2)(b)(i). (4) Notwithstanding Subsection (3), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
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