§ 58-17b-201. Board -- Membership -- Qualifications -- Terms.

(1) There is created the Utah State Board of Pharmacy consisting of five pharmacists, one pharmacy technician, and one member of the general public.

(a) The public member of the board shall be a Utah resident who:

(i) is 21 years of age or older;

(ii) has never been licensed to engage in the practice of pharmacy;

(iii) has never been the spouse of a person licensed to engage in the practice of pharmacy;

(iv) has never held any material financial interest in pharmacy practice; and

(v) has never engaged in any activity directly related to the practice of pharmacy.

(b) The licensed pharmacist and licensed pharmacy technician members of the board shall:

(i) have been Utah residents continuously for at least three years;

(ii) have at least five years experience in the practice of pharmacy in good standing with the division in Utah after licensure; and

(iii) maintain licensure in good standing to engage in the practice of pharmacy or practice as a pharmacy technician in Utah for the duration of the appointment.

(2) The board shall be appointed and serve in accordance with Section 58-1-201.

(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203, and as required under Section 58-37f-202 regarding the controlled substance database. In addition, the board shall designate an appropriate member on a permanent or rotating basis to:

(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and

(b) advise the division in its investigation of these complaints.

(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.

(5) A board member may be removed in accordance with Subsection 58-1-201(2)(e) or upon one of the following grounds:

(a) refusal or inability for any reason of a board member to perform his duties as a member of the Board in an efficient, responsible, and professional manner;

(b) misuse of appointment to obtain personal, pecuniary, or material gain or advantage for himself or another through such appointment; or

(c) violation of the laws governing the practice of pharmacy or Chapter 37, Utah Controlled Substances Act.

Amended by Chapter 287, 2010 General Session