(1) The following documents from a prescribing practitioner are considered a prescription for purposes of dispensing of and payment for a device described in Subsection (4), if the device is prescribed or indicated by the document and the document is on file with a pharmacy: (a) a written prescription; or (b) a written record of a patient's: (i) current diagnosis; or (ii) treatment protocol. (2) A pharmacist or pharmacy intern at a pharmacy at which a document that is considered a prescription under Subsection (1) is on file may dispense under prescription a device described in Subsection (4) to the patient in accordance with: (a) the document that is considered a prescription under Subsection (1); and (b) rules made by the division under Subsection (5). (3) A pharmacist may prescribe a device described in Subsection (4) if: (a) the device is not prescribed or indicated by the document described in Subsection (1) that is on file with the pharmacy; and (b) the pharmacist determines that the device is necessary to ensure the appropriate delivery of the prescribed drug. (4) This section applies to: (a) nebulizers; (b) spacers for use with nebulizers or inhalers; and (c) diabetic supplies. (5) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with the board and the Medical Licensing Board created in Section 58-67-201 to implement this section.
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