58-37c-19.5. Iodine solution greater than 1.5% -- Prescription or permit required -- Penalties. (1) As used in this section, "iodine matrix" means iodine at concentrations greater than 1.5% by weight in a matrix or solution. (2) A person may offer to sell, sell, or distribute an iodine matrix only: (a) as a prescription drug, pursuant to a prescription issued by a veterinarian or physician licensed within the state; or (b) to a person who is actively engaged in the legal practice of animal husbandry of livestock, as defined in Section 4-1-109. (3) Prescriptions issued under this section: (a) shall provide for a specified number of refills; (b) may be issued by electronic means, in accordance with Title 58, Chapter 17b, Pharmacy Practice Act; and (c) may be filled by a person other than the veterinarian or physician issuing the prescription. (4) A retailer offering iodine matrix for sale: (a) shall store the iodine matrix so that the public does not have access to the iodine matrix without the direct assistance or intervention of a retail employee; (b) shall keep a record, which may consist of sales receipts, of each person purchasing iodine matrix; and (c) may, if necessary to ascertain the identity of the purchaser, ask for proof of identification from the purchaser. (5) A person engaging in a regulated transaction under Subsection (2) is guilty of a class B misdemeanor if the person, under circumstances not amounting to a violation of Subsection 58-37d-4(1)(c), offers to sell, sells, or distributes an iodine matrix to a person who: (a) does not present a prescription or is not engaged in animal husbandry, as required under Subsection (2); or (b) is not excepted under Subsection (7). (6) A person is guilty of a class A misdemeanor who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or 58-37d-4(1)(a): (a) possesses an iodine matrix without proof of obtaining the solution in compliance with Subsection (2); or (b) offers to sell, sells, or distributes an iodine matrix in violation of Subsection (2). (7) Subsection (6)(a) does not apply to: (a) a chemistry or chemistry-related laboratory maintained by: (i) a public or private regularly established secondary school; or (ii) a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education; (b) a veterinarian licensed to practice under Title 58, Chapter 28, Veterinary Practice Act; (c) a general acute hospital; or (d) a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons who possesses an iodine matrix in the regular course of lawful business activities.
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