§ 3302 — Definitions of terms of general use in this article

New York § 3302

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: General Provisions
• Art. 33: Controlled Substances

Text

§ 3302. Definitions of terms of general use in this article. Except\nwhere different meanings are expressly specified in subsequent\nprovisions of this article, the following terms have the following\nmeanings:\n 1. "Person with substance use disorder" means a person who habitually\nuses a controlled substance for a non-legitimate or unlawful use, and\nwho by reason of such use is dependent thereon.\n 2. "Administer" means the direct application of a controlled\nsubstance, whether by injection, inhalation, ingestion, or any other\nmeans, to the body of a patient or research subject.\n 3. "Agent" means an authorized person who acts on behalf of or at the\ndirection of a manufacturer, distributor, or dispenser. No person may be\nauthorized to so act if under title VIII of the education law such\nperson would not be permitted to engage in such conduct. It does not\ninclude a common or contract carrier, public warehouseman, or employee\nof the carrier or warehouseman when acting in the usual and lawful\ncourse of the carrier's or warehouseman's business.\n 4. "Controlled substance" means a substance or substances listed in\nsection thirty-three hundred six of this title.\n 5. "Commissioner" means commissioner of health of the state of New\nYork.\n 6. "Deliver" or "delivery" means the actual, constructive or attempted\ntransfer from one person to another of a controlled substance, whether\nor not there is an agency relationship.\n 7. "Department" means the department of health of the state of New\nYork.\n 8. "Dispense" means to deliver a controlled substance to an ultimate\nuser or research subject by lawful means, including by means of the\ninternet, and includes the packaging, labeling, or compounding necessary\nto prepare the substance for such delivery.\n 9. "Distribute" means to deliver a controlled substance, including by\nmeans of the internet, other than by administering or dispensing.\n 10. "Distributor" means a person who distributes a controlled\nsubstance.\n 11. "Diversion" means manufacture, possession, delivery or use of a\ncontrolled substance by a person or in a manner not specifically\nauthorized by law.\n 12. "Drug" means\n (a) substances recognized as drugs in the official United States\nPharmacopoeia, official Homeopathic Pharmacopoeia of the United States,\nor official National Formulary, or any supplement to any of them;\n (b) substances intended for use in the diagnosis, cure, mitigation,\ntreatment, or prevention of disease in man or animals; and\n (c) substances (other than food) intended to affect the structure or a\nfunction of the body of man or animal. It does not include devices or\ntheir components, parts, or accessories.\n 13. "Federal agency" means the Drug Enforcement Administration, United\nStates Department of Justice, or its successor agency.\n 14. "Federal controlled substances act" means the Comprehensive Drug\nAbuse Prevention and Control Act of 1970, Public Law 91-513, and any act\nor acts amendatory or supplemental thereto or regulations promulgated\nthereunder.\n 15. "Federal registration number" means such number assigned by the\nFederal agency to any person authorized to manufacture, distribute,\nsell, dispense or administer controlled substances.\n 16. "Habitual user" means any person who is, or by reason of repeated\nuse of any controlled substance for non-legitimate or unlawful use is in\ndanger of becoming, dependent upon such substance.\n 17. "Institutional dispenser" means a hospital, veterinary hospital,\nclinic, dispensary, maternity home, nursing home, mental hospital or\nsimilar facility approved and certified by the department as authorized\nto obtain controlled substances by distribution and to dispense and\nadminister such substances pursuant to the order of a practitioner.\n 18. "License" means a written authorization issued by the department\nor the New York state department of education permitting persons to\nengage in a specified activity with respect to controlled substances.\n 19. "Manufacture" means the production, preparation, propagation,\ncompounding, cultivation, conversion or processing of a controlled\nsubstance, either directly or indirectly or by extraction from\nsubstances of natural origin, or independently by means of chemical\nsynthesis, or by a combination of extraction and chemical synthesis, and\nincludes any packaging or repackaging of the substance or labeling or\nrelabeling of its container, except that this term does not include the\npreparation, compounding, packaging or labeling of a controlled\nsubstance:\n (a) by a practitioner as an incident to his administering or\ndispensing of a controlled substance in the course of his professional\npractice; or\n (b) by a practitioner, or by his authorized agent under his\nsupervision, for the purpose of, or as an incident to, research,\nteaching, or chemical analysis and not for sale; or\n (c) by a pharmacist as an incident to his dispensing of a controlled\nsubstance in the course of his professional practice.\n 20. "Narcotic drug" means any of the following, whether produced\ndirectly or indirectly by extraction from substances of vegetable\norigin, or independently by means of chemical synthesis, or by a\ncombination of extraction and chemical synthesis:\n (a) opium and opiate, and any salt, compound, derivative, or\npreparation of opium or opiate;\n (b) any salt, compound, isomer, derivative, or preparation thereof\nwhich is chemically equivalent or identical with any of the substances\nreferred to in paragraph (a) of this subdivision, but not including the\nisoquinoline alkaloids of opium;\n (c) opium poppy and poppy straw.\n 21. "Opiate" means any substance having an addiction-forming or\naddiction-sustaining liability similar to morphine or being capable of\nconversion into a drug having addiction-forming or addiction-sustaining\nliability. It does not include, unless specifically designated as\ncontrolled under section thirty-three hundred six of this title, the\ndextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts\n(dextromethorphan). It does include its racemic and levorotatory forms.\n 22. "Opium poppy" means the plant of the species Papaver somniferum\nL., except its seeds.\n 23. "Person" means individual, institution, corporation, government or\ngovernmental subdivision or agency, business trust, estate, trust,\npartnership or association, or any other legal entity.\n 24. "Pharmacist" means any person licensed by the state department of\neducation to practice pharmacy.\n 25. "Pharmacy" means any place registered as such by the New York\nstate board of pharmacy and registered with the Federal agency pursuant\nto the federal controlled substances act.\n 26. "Poppy straw" means all parts, except the seeds, of the opium\npoppy, after mowing.\n 27. "Practitioner" means:\n A physician, dentist, podiatrist, veterinarian, scientific\ninvestigator, or other person licensed, or otherwise permitted to\ndispense, administer or conduct research with respect to a controlled\nsubstance in the course of a licensed professional practice or research\nlicensed pursuant to this article. Such person shall be deemed a\n"practitioner" only as to such substances, or conduct relating to such\nsubstances, as is permitted by his license, permit or otherwise\npermitted by law.\n 28. "Prescribe" means a direction or authorization, by prescription,\npermitting an ultimate user lawfully to obtain controlled substances\nfrom any person authorized by law to dispense such substances.\n 29. "Prescription" shall mean an official New York state prescription,\nan electronic prescription, an oral prescription or an out-of-state\nprescription.\n 30. "Sell" means to sell, exchange, give or dispose of to another, or\noffer or agree to do the same.\n 31. "Ultimate user" means a person who lawfully obtains and possesses\na controlled substance for his own use or the use by a member of his\nhousehold or for an animal owned by him or in his custody. It shall also\nmean and include a person designated, by a practitioner on a\nprescription, to obtain such substance on behalf of the patient for whom\nsuch substance is intended.\n 32. "Internet" means collectively computer and telecommunications\nfacilities which comprise the worldwide network of networks that employ\na set of industry standards and protocols, or any predecessor or\nsuccessor protocol to such protocol, to exchange information of all\nkinds. "Internet," as used in this article, also includes other\nnetworks, whether private or public, used to transmit information by\nelectronic means.\n 33. "By means of the internet" means any sale, delivery, distribution,\nor dispensing of a controlled substance that uses the internet, is\ninitiated by use of the internet or causes the internet to be used.\n 34. "Online dispenser" means a practitioner, pharmacy, or person in\nthe United States that sells, delivers or dispenses, or offers to sell,\ndeliver, or dispense, a controlled substance by means of the internet.\n 35. "Electronic prescription" means a prescription issued with an\nelectronic signature and transmitted by electronic means in accordance\nwith regulations of the commissioner and the commissioner of education\nand consistent with federal requirements. A prescription generated on an\nelectronic system that is printed out or transmitted via facsimile is\nnot considered an electronic prescription and must be manually signed.\n 36. "Electronic" means of or relating to technology having electrical,\ndigital, magnetic, wireless, optical, electromagnetic or similar\ncapabilities. "Electronic" shall not include facsimile.\n 37. "Electronic record" means a paperless record that is created,\ngenerated, transmitted, communicated, received or stored by means of\nelectronic equipment and includes the preservation, retrieval, use and\ndisposition in accordance with regulations of the commissioner and the\ncommissioner of education and in compliance with federal law and\nregulations.\n 38. "Electronic signature" means an electronic sound, symbol, or\nprocess, attached to or logically associated with an electronic record\nand executed or adopted by a person with the intent to sign the record,\nin accordance with regulations of the commissioner and the commissioner\nof education.\n 39. "Registry" or "prescription monitoring program registry" means the\nprescription monitoring program registry established pursuant to section\nthirty-three hundred forty-three-a of this article.\n 40. "Compounding" means the combining, admixing, mixing, diluting,\npooling, reconstituting, or otherwise altering of a drug or bulk drug\nsubstance to create a drug with respect to an outsourcing facility under\nsection 503B of the federal Food, Drug and Cosmetic Act and further\ndefined in this section.\n 41. "Outsourcing facility" means a facility that:\n (a) is engaged in the compounding of sterile drugs as defined in\nsection sixty-eight hundred two of the education law;\n (b) is currently registered as an outsourcing facility pursuant to\narticle one hundred thirty-seven of the education law; and\n (c) complies with all applicable requirements of federal and state\nlaw, including the Federal Food, Drug and Cosmetic Act.\n Notwithstanding any other provision of law to the contrary, when an\noutsourcing facility distributes or dispenses any drug to any person\npursuant to a prescription, such outsourcing facility shall be deemed to\nbe providing pharmacy services and shall be subject to all laws, rules\nand regulations governing pharmacies and pharmacy services.\n