Utah statute
Utah Code Ann. § 58-37-304 — Prescription requirements - Penalties.
Current through 2026 General Session
Part of Part 3: Specific Provisions Regarding Prescriptions and Orders, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 58-37-304
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1) An individual may not write or authorize a prescription for a controlled substance unless the individual is: (1)(a) a practitioner authorized to prescribe drugs and medicine under the laws of this state or under the laws of another state having similar standards; and (1)(b) licensed under this chapter or under the laws of another state having similar standards. (2) An individual other than a pharmacist licensed under the laws of this state, or the pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304, may not dispense a controlled substance. (3)(a) A controlled substance may not be dispensed without the written prescription of a practitioner, if the written prescription is required by the federal Controlled Substances Act. (3)(b) A written prescription described in Subsection (3)(a) shall be made in accordance with Subsection (1) and in conformity with Subsection (4). (3)(c) In emergency situations, as defined by division rule, controlled substances may be dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms designated by the division and filed by the pharmacy. (3)(d) Prescriptions reduced to writing by a pharmacist shall be in conformity with Subsection (4). (4) Except for emergency situations designated by the division, an individual may not issue, fill, compound, or dispense a prescription for a controlled substance unless the prescription is signed by the prescriber in ink or indelible pencil or is signed with an electronic signature of the prescriber as authorized by division rule, and contains the following information: (4)(a) the name, address, and registry number of the prescriber; (4)(b) the name, address, and age of the person to whom or for whom the prescription is issued; (4)(c) the date of issuance of the prescription; and (4)(d) the name, quantity, and specific directions for use by the ultimate user of the controlled substance. (5) A prescription may not be written, issued, filled, or dispensed for a Schedule I controlled substance unless: (5)(a) the individual who writes the prescription is licensed under Subsection 58-37-105(2); and (5)(b) the prescribed controlled substance is to be used in research. (6)(a) Except when administered directly to an ultimate user by a licensed practitioner, controlled substances are subject to the restrictions of this Subsection (6). (6)(b) A prescription for a Schedule II substance may not be refilled. (6)(c) A Schedule II controlled substance may not be filled in a quantity to exceed a one-month's supply, as directed on the daily dosage rate of the prescriptions. (6)(d)(i) A prescription for a Schedule II or Schedule III controlled substance that is an opiate and that is issued for an acute condition shall be completely or partially filled in a quantity not to exceed a seven-day supply as directed on the daily dosage rate of the prescription. (6)(d)(ii) Subsection (6)(d)(i) does not apply to prescriptions issued for complex or chronic conditions that are documented as being complex or chronic in the medical record. (6)(d)(iii) A pharmacist is not required to verify that a prescription is in compliance with this Subsection (6)(d). (6)(e) A Schedule III or IV controlled substance may be filled only within six months of issuance, and may not be refilled more than six months after the date of the original issuance or be refilled more than five times after the date of the prescription unless renewed by the practitioner. (6)(f) All other controlled substances in Schedule V may be refilled as the prescriber's prescription directs, but they may not be refilled one year after the date the prescription was issued unless renewed by the practitioner. (6)(g) Any prescription for a Schedule II substance may not be dispensed if it is not presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days after the date the prescription was issued, or 30 days after the dispensing date, if that date is specified separately from the date of issue. (6)(h) A practitioner may issue more than one prescription at the same time for the same Schedule II controlled substance, but only under the following conditions: (6)(h)(i) no more than three prescriptions for the same Schedule II controlled substance may be issued at the same time; (6)(h)(ii) no one prescription may exceed a 30-day supply; and (6)(h)(iii) a second or third prescription shall include the date of issuance and the date for dispensing. (7) An order for a controlled substance in Schedules II through V for use by an inpatient or an outpatient of a licensed hospital is exempt from all requirements of this section if the order is: (7)(a) issued or made by a prescribing practitioner who holds an unrestricted registration with the federal Drug Enforcement Administration, and an active Utah controlled substance license in good standing issued by the division under Section 58-37-105, or a medical resident who is exempted from licensure under Subsection 58-1-307(1)(c); (7)(b) authorized by the prescribing practitioner treating the patient and the prescribing practitioner designates the quantity ordered; (7)(c) entered upon the record of the patient, the record is signed by the prescriber affirming the prescriber's authorization of the order within 48 hours after filling or administering the order, and the patient's record reflects the quantity actually administered; and (7)(d) filled and dispensed by a pharmacist practicing the pharmacist's profession within the physical structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital and the amount taken from the supply is administered directly to the patient authorized to receive it. (8)(a) For purposes of Subsection (8)(b): (8)(a)(i) "Child" means the same as that term is defined in Section 80-1-102. (8)(a)(ii) "Emergency" means any physical condition requiring the administration of a controlled substance for immediate relief of pain or suffering. (8)(b) A practitioner licensed under this chapter may not prescribe, administer, or dispense a controlled substance to a child, without first obtaining the consent required in Section 78B-3-406 of a parent, guardian, or person standing in loco parentis of the child, except in cases of an emergency. (9) A practitioner licensed under this chapter may not prescribe or administer dosages of a controlled substance in excess of medically recognized quantities necessary to treat the ailment, malady, or condition of the ultimate user. (10) A practitioner licensed under this chapter may not prescribe, administer, or dispense any controlled substance to another person knowing that the other person is using a false name, address, or other personal information for the purpose of securing the controlled substance. (11) A person who is licensed under this chapter to manufacture, distribute, or dispense a controlled substance may not manufacture, distribute, or dispense a controlled substance to another licensee or any other authorized person not authorized by this license. (12) A person licensed under this chapter may not omit, remove, alter, or obliterate a symbol required by this chapter or by a rule issued under this chapter. (13) A person licensed under this chapter may not refuse or fail to make, keep, or furnish any record notification, order form, statement, invoice, or information required under this chapter. (14) A person licensed under this chapter may not refuse entry into any premises for inspection as authorized by this chapter. (15) A person licensed under this chapter may not furnish false or fraudulent material information in any application, report, or other document required to be kept by this chapter or willfully make any false statement in any prescription, order, report, or record required by this chapter. (16)(a)(i) A person licensed under this chapter who is found by the division to have violated any of the provisions of Subsection (11), (12), (13), (14), or (15) is subject to a penalty not to exceed $5,000. (16)(a)(ii) The division shall determine the procedure for adjudication of any violations in accordance with Sections 58-1-106 and 58-1-108. (16)(b) The division shall deposit all penalties collected under Subsection (16)(a)(i) into the General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1). (16)(c) The director may collect a penalty that is not paid by: (16)(c)(i) referring the matter to a collection agency; or (16)(c)(ii) bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located. (16)(d) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty. (16)(e) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty. (17)(a) A person who knowingly and intentionally violates Subsection (8), (9), or (10) is: (17)(a)(i) upon first conviction, guilty of a class B misdemeanor; (17)(a)(ii) upon second conviction, guilty of a class A misdemeanor; and (17)(a)(iii) upon third or subsequent conviction, guilty of a third degree felony. (17)(b) A person who knowingly and intentionally violates Subsection (11), (12), (13), (14), or (15) is guilty of a third degree felony. (18) A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.
Official sources
Legal terms used in this section
Questions this section answers
Is prescription requirements a felony or a misdemeanor in Utah?
It depends on the circumstances: prescription requirements ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 58-37-304.
First conviction — violation of Subsection (8), (9), or (10): Class B Misdemeanor (Utah Code Ann. § 58-37-304(17)(a)(i)) · Second conviction — violation of Subsection (8), (9), or (10): Class A Misdemeanor (Utah Code Ann. § 58-37-304(17)(a)(ii)) · Third or subsequent conviction — violation of Subsection (8), (9), or (10): Third Degree Felony (Utah Code Ann. § 58-37-304(17)(a)(iii)) · Violation of Subsection (11), (12), (13), (14), or (15): Third Degree Felony (Utah Code Ann. § 58-37-304(17)(b))
Which Utah statute covers prescription requirements?
Prescription requirements is governed by Utah Code Ann. § 58-37-304 (Prescription requirements - Penalties).
This reference is informational and is not legal advice.