§ 28-32 — Pharmaceutical preparedness: Definitions. Transfer or distribution of drugs, controlled substances or medical devices during emergency.

(a) For purposes of this section and section 28-32a: (1) (A) “Drugs” means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of said publications, (ii) substances intended for use in curing, diagnosing, mitigating, preventing or treating disease in humans or other animals, (iii) substances, other than food, intended to affect the structure or any function of the body of humans or other animals, and (iv) substances intended for use as a component of any article specified in subparagraph (A)(i), (A)(ii) or (A)(iii) of this subdivision. (B) “Drugs” does not include devices or their components, parts or accessories. (2) (A) “Controlled drugs” means those drugs which contain any quantity of a substance which has been designated as subject to the federal Controlled Substances Act, or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the Commissioner of Consumer Protection pursuant to section 21a-243 as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs. (B) “Controlled drugs” does not include alcohol, nicotine or caffeine. (3) (A) “Controlled substance” means a drug, substance or immediate precursor in schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to section 21a-243 . (B) “Controlled substance” does not include alcohol, nicotine or caffeine. (4) “Medical devices” means apparatuses, contrivances and instruments, including their accessories, components and parts, intended (A) for use in curing, diagnosing, mitigating, preventing or treating disease in humans or other animals, or (B) to affect the structure or any function of the body of humans or other animals. (b) Upon declaration of an emergency by the Governor or the Governor's authorized representative having authority to declare emergencies, a hospital pharmacy, pharmacy or registrant authorized by state or federal law to be in possession of controlled substances may, in accordance with applicable federal regulations, policies and guidelines and with prior approval of the Commissioner of Consumer Protection, transfer or distribute drugs, controlled drugs or medical devices to a licensed pharmacy, a registrant authorized by state or federal law to be in possession of controlled substances, or a location authorized by the commissioner. Such registrant shall record the transfer accurately and in compliance with all state and federal statutes and regulations and shall report the transfer, in writing, to the commissioner.

Legislative History

(P.A. 06-195, S. 49; P.A. 22-104, S. 33.) History: P.A. 06-195 effective June 7, 2006; P.A. 22-104 amended Subsec. (a) by dividing existing provisions in Subdiv. (1) into Subdivs. (1)(A) and (B) and redesignating former Subdivs. (1)(A) to (D) as Subdivs. (1)(A)(i) to (iv), dividing existing provisions in Subdiv. (2) into Subdivs. (2)(A) and (B) and Subdiv. (3) into Subdivs. (3)(A) and (B) and adding Subdiv. (4) defining “medical devices”, amended Subsec. (b) by adding provision re medical devices, and made technical and conforming changes, effective May 24, 2022.