58-71-801 - Disclosure of financial interest by licensee.
58-71-801. Disclosure of financial interest by licensee.
(1) Except as provided in Subsections (2) and (5), licensees under this chapter may notown, directly or indirectly:
(a) any pharmacy or pharmaceutical facility as defined in Section 58-17b-102; or
(b) a retail store, wholesaler, distributor, manufacturer, or facility of any other kindlocated in this state that is engaged in the sale, dispensing, delivery, distribution, or manufactureof homeopathic remedies, dietary supplements, or natural medicines.
(2) A licensee may own or control less than 5% of the outstanding stock of a corporationwhose ownership is prohibited under Subsection (1), if the stock of the corporation is publiclytraded.
(3) Licensees under this chapter may not refer patients, clients, or customers to anyclinical laboratory, ambulatory or surgical care facilities, or other treatment or rehabilitationservices such as physical therapy, cardiac rehabilitation, or radiology services in which thelicensee or a member of the licensee's immediate family has any financial relationship as thatterm is described in 42 U.S.C. 1395nn, unless the licensee at the time of making the referraldiscloses that relationship, in writing, to the patient, client, or customer.
(4) The written disclosure under Subsection (3) shall also state the patient may chooseany facility or service center for purpose of having the laboratory work or treatment serviceperformed.
(5) Licensees under this chapter may sell from their offices homeopathic remedies ordietary supplements as defined in the Federal Food Drug and Cosmetic Act consistent withdivision rule.
Amended by Chapter 17, 2005 General Session