As used in this chapter, unless the context otherwise requires: (1) “Administer” or “administration” means the direct application of a drug or device to the body of a patient or research subject by injection, inhalation, ingestion or any other means; (2) “Advanced pharmacy technician” means a pharmacy technician who: (A) Receives from the department a designation (i) under section 20-598b , and (ii) which permits delegation of certain pharmacist responsibilities to the pharmacy technician; and (B) is qualified in accordance with section 20-598b ; (3) “Automated prescription dispensing machine” means a device and associated software operated by a pharmacy or a pharmacy that is registered as a nonresident pharmacy pursuant to section 20-627 , in a nursing home or skilled nursing facility licensed pursuant to sections 19a-490 and 19a-491 , that packages and labels patient-specific medication or multiple medications for the purposes of administration by a registered nurse or a licensed practical nurse based on a prescription that has completed order entry verification performed by a pharmacist; (4) “Care-giving institution” means an institution that provides medical services and is licensed, operated, certified or approved by the Commissioner of Public Health, the Commissioner of Developmental Services or the Commissioner of Mental Health and Addiction Services; (5) “Clerk” means an individual who is: (A) Registered with the department, in accordance with section 20-602 , to work in the area of a pharmacy or institutional pharmacy where controlled substances or other legend drugs are dispensed by, or under the supervision of, a pharmacist; (B) not employed or contracted by a pharmacy or institutional pharmacy solely to deliver dispensed drugs to patients off the premises of the pharmacy or institutional pharmacy; and (C) not involved in order entry, the dispensing process or preparing a prescription for final verification; (6) “Commission” means the Commission of Pharmacy appointed under the provisions of section 20-572 ; (7) “Commissioner” means the Commissioner of Consumer Protection; (8) “Compatible drugs” means multiple drugs that are not adversely impacted, whether chemically or physically, in constitution or quality by one another; (9) “Compliance packaging” means packaging that: (A) Is prepared at a pharmacy to assist a patient in administering solid oral dosage forms of one or more drugs that have been prescribed for the patient; (B) divides the patient's drugs into a series of compartments or containers within one package according to (i) the directions for use, and (ii) the day and time such drugs are to be administered; and (C) is reusable or nonreusable; (10) “Compound” means to combine, mix or put together two or more ingredients pursuant to a prescription and includes the preparation of drugs or devices in anticipation of prescriptions based on routine, regularly-observed prescribing patterns; (11) “Correctional or juvenile training institution” means a facility for the detention or incarceration of persons convicted or accused of crimes or offenses or for training of delinquent juveniles, including those state facilities under the jurisdiction of the Commissioner of Correction, training schools for delinquent juveniles and any other facilities operated by the state or municipalities for such detention, incarceration or training; (12) “Device” means instruments, apparatuses and contrivances, including their components, parts and accessories, intended: (A) For use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; or (B) to affect the structure or any function of the body of humans or other animals, but does not mean contact lenses; (13) “Department” means the Department of Consumer Protection; (14) “Deprescribing” means the systematic process of identifying and discontinuing drugs in instances in which existing or potential harms outweigh existing or potential benefits within the context of an individual patient's care goals, current level of functioning, life expectancy, values and preferences; (15) “Direct supervision” means the supervision of pharmacy personnel, including, but not limited to, pharmacy interns, pharmacy technicians and advanced pharmacy technicians, by a pharmacist who: (A) Is physically present on the premises of the pharmacy or institutional pharmacy while (i) routine drug dispensing functions are being performed on such premises, and (ii) the pharmacy personnel who are under such pharmacist's supervision are physically present on such premises; and (B) conducts in-process and final performance checks; (16) “Dispense” means those acts of processing a drug or device for delivery or for administration for a patient pursuant to a prescription consisting of: (A) Comparing the directions on the label with the directions on the prescription to determine accuracy; (B) the selection of the drug or device from stock to fill the prescription; (C) the counting, measuring, compounding or preparation of the drug or device; (D) the placing of the drug or device in the proper container; (E) the affixing of the label to the container; and (F) the addition to a written prescription of any required notations. “Dispense” does not include the acts of delivering a drug or device to a patient or of administering the drug or device to the patient; (17) “Dispensing outpatient facility” means a facility operated by a business entity or municipality which provides medical services to patients on an outpatient basis and which maintains stocks of drugs for dispensing of drugs on a regular basis to patients for use off the premises; (18) “Drug” means: (A) An article recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them; (B) an article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; (C) an article, other than food, intended to affect the structure or any function of the body of humans or any other animal; and (D) an article intended for use as a component of any article specified in this subdivision, but does not include a device; (19) “Final verification” means the last review that: (A) Is conducted to complete the dispensing process by verifying that the product to be dispensed conforms to the product ordered or prescribed by the prescribing practitioner; and (B) includes, at a minimum, comparing, for accuracy, the original prescription, the contents of the prescription label and the contents of the prescription container; (20) “Health care institution” means institution, as defined in section 19a-490 ; (21) “Health care institutional pharmacy” means an institutional pharmacy located within a health care institution; (22) “Institutional pharmacy” means that area within a care-giving institution or within a correctional or juvenile training institution, commonly known as the pharmacy, that is under the direct charge of a pharmacist and in which drugs are stored and dispensed; (23) “Legend device” means a device that is required by applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only or that, under federal law, is required to bear either of the following legends: (A) “RX ONLY” IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT; or (B) “CAUTION: FEDERAL LAW RESTRICTS THIS DEVICE FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN.”; (24) “Legend drug” means a drug that is required by any applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only, or means a drug that, under federal law, is required to bear either of the following legends: (A) “RX ONLY” IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT; or (B) “CAUTION: FEDERAL LAW RESTRICTS THIS DRUG FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN.”; (25) “Medical device and oxygen provider” means a person who distributes devices or oxygen pursuant to a medical order or prescription, except if such person already maintains an active pharmacy license; (26) “Medication reconciliation” means a process of comparing the medications a patient is taking and should be taking with newly ordered medications: (A) For the purpose of addressing duplications, omissions and interactions and the need to continue current medications; and (B) by looking at information such as the medication name, dose, frequency, route of administration and purpose; (27) “Nonlegend device” means a device that is not a legend device; (28) “Nonlegend drug” means a drug that is not a legend drug; (29) “Nonresident pharmacy” has the same meaning as provided in section 20-627 ; (30) “Order entry” means the process by which prescription data is entered into an electronic data processing system used by a pharmacy to record dispensed products, which prescription data shall include, but need not be limited to: (A) Patient demographic data; (B) drug name and strength; (C) drug quantity; (D) directions for use; and (E) the number of authorized refills, including, but not limited to, any use of “PRN” or “ad lib” in lieu of a specific number of authorized refills; (31) “Patient” means a human or other animal who receives any health care service provided by a health care provider, including, but not limited to, a pharmacist, for: (A) The purpose of curing, diagnosing, mitigating, palliating, preventing, screening for or treating a past, current or future medical condition; or (B) any research-related purpose; (32) “Person” means an individual, corporation, business trust, estate trust, partnership, association, joint venture or any other legal or commercial entity; (33) “Pharmacist” means an individual who is licensed to practice pharmacy under the provisions of section 20-590 , 20-591 , 20-592 or 20-593 , and who is thereby recognized as a health care provider by the state of Connecticut; (34) “Pharmacy” means a place of business where drugs and devices may be sold at retail and for which a pharmacy license has been issued to an applicant under the provisions of section 20-594 ; (35) “Pharmacy intern” means an individual registered under the provisions of section 20-598 ; (36) “Pharmacy technician” means an individual who is registered with the department and qualified in accordance with section 20-598a ; (37) “Polypharmacy” means the use of multiple drugs by a patient, including any medication that is inappropriate or not medically necessary, such as those not indicated, not effective or constituting a therapeutic duplication; (38) “Practice of pharmacy” or “to practice pharmacy” means the sum total of knowledge, understanding, judgments, procedures, securities, controls and ethics used by a pharmacist to assure optimal safety and accuracy in the distributing, dispensing and use of drugs and devices; (39) “Prescribing practitioner” means an individual licensed by the state of Connecticut, any other state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States who is authorized to issue a prescription within the scope of the individual's practice; (40) “Prescription” means a lawful order of a prescribing practitioner transmitted either orally, in writing or by electronic means for a drug or device for a specific patient; (41) “Redispense” means to reprocess any drug: (A) That is prescribed to a patient, was previously dispensed in compliance packaging and has been returned to the dispensing pharmacy due to a change in the patient's prescription or prescriptions; (B) by comparing the directions on the prescription label with the directions on the prescription to ensure accuracy; (C) by selecting such drug from the returned compliance packaging or from stock to fill a current prescription for such drug; (D) by counting such drug and placing such drug in the proper container or compliance packaging compartment for return to the patient; and (E) by affixing to the container or compliance packaging a label containing (i) the prescription information set forth in section 20-617 and required under section 20-617b , and (ii) any additional notations required due to the prescribing practitioner's directions; (42) “Sale” includes barter, exchange or gift or offer and each such transaction made by a person whether as principal proprietor, agent, servant or employee; (43) “Substitute” means to dispense without the prescribing practitioner's express authorization a different drug product than the drug product prescribed; (44) “Third-party logistics provider” means a person who distributes drugs, devices or cosmetics while taking possession of the drugs, devices or cosmetics but who does not take title of the drugs, devices or cosmetics; (45) “Virtual manufacturer” means a person who engages in the manufacture of drugs, devices or cosmetics for which such person: (A) Owns the new drug application or abbreviated new drug application number, if a prescription drug; (B) owns the unique device identification number, as available, for a prescription device; (C) contracts with a contract manufacturing organization for the physical manufacture of the drugs, devices or cosmetics; (D) is not involved in the physical manufacture of the drugs, devices or cosmetics; and (E) at no time takes physical possession of or stores the drugs, devices or cosmetics; and (46) “Virtual wholesale distributor” means a person who facilitates or brokers the transfer of drugs, devices or cosmetics without taking physical possession of the drugs, devices or cosmetics.
(1969, P.A. 48, S. 1; P.A. 73-211; P.A. 78-310, S. 3; P.A. 85-241, S. 1; P.A. 86-403, S. 42, 132; P.A. 91-27, S. 2; P.A. 95-257, S. 11, 12, 21, 58; 95-264, S. 2; P.A. 98-31, S. 2; 98-120; P.A. 99-175, S. 6; P.A. 00-182, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 07-73, S. 2 (b); P.A. 17-77, S. 7; July Sp. Sess. P.A. 20-4, S. 2; P.A. 21-192, S. 1; P.A. 23-19, S. 1; P.A. 24-73, S. 1.) History: P.A. 73-211 defined “practice of pharmacy”; P.A. 78-310 included persons licensed by another state, the District of Columbia or the Commonwealth of Puerto Rico in definition of “licensed practitioner”; P.A. 85-241 deleted the definition of “administer”, redefined “legend drug” to add warning for drugs used by veterinarians and excluded agricultural food supplements from the definition of “medicine”; P.A. 86-403 made technical changes; P.A. 91-27 redefined “written prescription” to include orders described under Sec. 19a-509c; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health and replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health and replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 95-264 replaced existing definitions with new definitions; Sec. 20-184a transferred to Sec. 20-571 in 1997; P.A. 98-31 amended Subdiv. (20) to redefine “pharmacy technician”; P.A. 98-120 amended Subdiv. (17) to redefine “pharmacist”; P.A. 99-175 made technical changes, replaced reference to Sec. 20-625 with reference to Sec. 20-630, amended Subdiv. (3) to add reference to Sec. 20-572 and amended Subdivs. (13) and (14) to change wording of required legends on legend devices and legend drugs; P.A. 00-182 amended Subdivs. (13) and (14) to make technical changes to “legend device” and “legend drug” definitions; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; P.A. 17-77 added new Subdiv. (15) defining medical device and oxygen provider, redesignated existing Subdivs. (15) to (25) as Subdivs. (16) to (26), added Subdiv. (27) defining third-party logistics provider, added Subdiv. (28) defining virtual manufacturer and added Subdiv. (29) defining virtual wholesale distributor, and made technical changes, effective July 1, 2017; July Sp. Sess. P.A. 20-4 added new Subdiv. (16) defining nonlegend device and redesignated existing Subdivs. (16) to (29) as Subdivs. (17) to (30), effective January 1, 2021; P.A. 21-192 amended introductory language to change reference from Secs. 20-570 to 20-630 to “this chapter”, amended Subdiv. (1) by adding “or Administration”, added new Subdiv. (2) defining “automated prescription dispensing machine”, redesignated existing Subdivs. (2) to (8) as Subdivs. (3) to (9), added new Subdiv. (10) defining “deprescribing”, redesignated existing Subdivs. (9) to (15) as Subdivs. (11) to (17), added new Subdiv. (18) defining “medication reconciliation”, redesignated existing Subdivs. (16) to (22) as Subdivs. (19) to (25), added new Subdiv. (26) defining “polypharmacy” and redesignated existing Subdivs. (23) to (30) as Subdivs. (27) to (34), effective July 13, 2021; P.A. 23-19 added new Subdiv. (14) defining “health care institution” and new Subdiv. (15) defining “health care institutional pharmacy”, redesignated existing Subdivs. (14) to (20) as Subdivs. (16) to (22), added new Subdiv. (23) defining “nonresident pharmacy”, redesignated existing Subdivs. (21) to (34) as Subdivs. (24) to (37), and made technical and conforming changes in Subdivs. (1), (8), (13) and redesignated Subdiv. (20), effective July 1, 2023; P.A. 24-73 added new Subdiv. (2) defining “advanced pharmacy technician”, redesignated existing Subdivs. (2) and (3) as Subdivs. (3) and (4), amended redesignated Subdiv. (3) by substituting “order entry verification performed by a pharmacist” for “final verification by a licensed pharmacist”, added new Subdiv. (5) defining “clerk”, redesignated existing Subdivs. (4) and (5) as Subdivs. (6) and (7), added new Subdivs. (8) and (9) defining “compatible drugs” and “compliance packaging”, redesignated existing Subdivs. (6) to (10) as Subdivs. (10) to (14), added new Subdiv. (15) defining “direct supervision”, redesignated existing Subdivs. (11) to (13) as Subdivs. (16) to (18), amended redesignated Subdiv. (17) by substituting “business entity” for “corporation”, added new Subdiv. (19) defining “final verification”, redesignated existing Subdivs. (14) to (23) as Subdivs. (20) to (29), added new Subdivs. (30) and (31) defining “order entry” and “patient”, redesignated existing Subdivs. (24) to (32) as Subdivs. (32) to (40), added Subdiv. (41) defining “redispense” and redesignated existing Subdivs. (33) to (37) as Subdivs. (42) to (46).