(1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or device if: (a) prescribing the prescription drug or device is within the scope of the pharmacist's training and experience; (b) the prescription drug or device is designated by the division by rule under Subsection (3)(a); and (c) the prescription drug or device is not a controlled substance that is included in Schedules I, II, III, or IV of: (i) Section 58-37-108; or (ii) the federal Controlled Substances Act, Title II, P.L. 91-513. (2) Nothing in this section requires a pharmacist to issue a prescription for a prescription drug or device. (3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) designate the prescription drugs or devices that may be prescribed by a pharmacist under this section, beginning with prescription drugs or devices that address a public health concern that is designated by the Department of Health and Human Services, including: (i) post-exposure HIV prophylaxis; (ii) pre-exposure HIV prophylaxis; (iii) self-administered hormonal contraceptives; (iv) smoking cessation; (v) naloxone; (vi) fluoride; (vii) vaccines; and (viii) epinephrine. (b) create guidelines that a pharmacist must follow when prescribing a prescription drug or device, including guidelines: (i) for notifying the patient's primary care or other health care provider about the prescription; and (ii) to prevent the over-prescription of drugs or devices including but not limited to antibiotics; (c) address when a pharmacist should refer the patient to an appropriate health care provider or otherwise encourage the patient to seek further medical care; and (d) implement the provisions of this section. (4) The division shall make rules under Subsection (3) in collaboration with: (a) individuals representing pharmacies and pharmacists; (b) individuals representing physicians and advanced practice clinicians; and (c) (i) if the executive director of the Department of Health and Human Services is a physician, the executive director of the Department of Health and Human Services; (ii) if the executive director of the Department of Health and Human Services is not a physician, a deputy director who is a physician in accordance with Subsection 26B-1-203(4); or (iii) a designee of the individual described in Section 26B-1-203. (5) Before November 1 of each year, the division, in consultation with the individuals described in Subsection (4), shall: (a) develop recommendations for statutory changes to improve patient access to prescribed drugs in the state; and (b) report the recommendations developed under Subsection (5)(a) to the Health and Human Services Interim Committee.
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