NY Pub Health L § 3302 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 1 - General Provisions 3302 - Definitions of Terms of General Use in This Article.

§  3302.  Definitions  of terms of general use in this article. Except where  different  meanings  are  expressly   specified   in   subsequent provisions  of  this  article,  the  following  terms have the following meanings:   1. "Addict" means a person who habitually uses a controlled  substance for  a  non-legitimate or unlawful use, and who by reason of such use is dependent thereon.   2.  "Administer"  means  the  direct  application  of   a   controlled substance,  whether  by  injection,  inhalation, ingestion, or any other means, to the body of a patient or research subject.   3. "Agent" means an authorized person who acts on behalf of or at  the direction of a manufacturer, distributor, or dispenser. No person may be authorized  to  so  act  if  under  title VIII of the education law such person would not be permitted to engage in such  conduct.  It  does  not include  a  common or contract carrier, public warehouseman, or employee of the carrier or warehouseman when  acting  in  the  usual  and  lawful course of the carrier's or warehouseman's business.   4.  "Controlled  substance"  means a substance or substances listed in section thirty-three hundred six of this title.   5. "Commissioner" means commissioner of health of  the  state  of  New York.   6. "Deliver" or "delivery" means the actual, constructive or attempted transfer  from  one person to another of a controlled substance, whether or not there is an agency relationship.   7. "Department" means the department of health of  the  state  of  New York.   8.  "Dispense"  means to deliver a controlled substance to an ultimate user or research subject by lawful means,  including  by  means  of  the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery.   9.  "Distribute" means to deliver a controlled substance, including by means of the internet, other than by administering or dispensing.   10.  "Distributor"  means  a  person  who  distributes  a   controlled substance.   11.  "Diversion"  means  manufacture, possession, delivery or use of a controlled substance by  a  person  or  in  a  manner  not  specifically authorized by law.   12. "Drug" means  (a)  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 them;  (b)  substances  intended  for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and  (c) substances (other than food) intended to affect the structure or a function of the body of man or animal. It does not  include  devices  or their components, parts, or accessories.   13. "Federal agency" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency.   14.  "Federal  controlled substances act" means the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and any act or acts amendatory or supplemental thereto  or  regulations  promulgated thereunder.   15.  "Federal  registration  number" means such number assigned by the Federal agency to any  person  authorized  to  manufacture,  distribute, sell, dispense or administer controlled substances.   16.  "Habitual user" means any person who is, or by reason of repeated use of any controlled substance for non-legitimate or unlawful use is in danger of becoming, dependent upon such substance.    17. "Institutional dispenser" means a hospital,  veterinary  hospital, clinic,  dispensary,  maternity  home,  nursing home, mental hospital or similar facility approved and certified by the department as  authorized to  obtain  controlled  substances  by  distribution and to dispense and administer such substances pursuant to the order of a practitioner.   18.  "License"  means a written authorization issued by the department or the New York state department  of  education  permitting  persons  to engage in a specified activity with respect to controlled substances.   19.  "Manufacture"  means  the  production,  preparation, propagation, compounding, cultivation,  conversion  or  processing  of  a  controlled substance,   either   directly  or  indirectly  or  by  extraction  from substances of natural origin, or  independently  by  means  of  chemical synthesis, or by a combination of extraction and chemical synthesis, and includes  any  packaging  or repackaging of the substance or labeling or relabeling of its container, except that this term does not include  the preparation,   compounding,   packaging  or  labeling  of  a  controlled substance:  (a)  by  a  practitioner  as  an  incident  to  his  administering  or dispensing  of  a controlled substance in the course of his professional practice; or  (b)  by  a  practitioner,  or  by  his  authorized  agent  under   his supervision,  for  the  purpose  of,  or  as  an  incident to, research, teaching, or chemical analysis and not for sale; or  (c) by a pharmacist as an incident to his dispensing of  a  controlled substance in the course of his professional practice.   20.  "Narcotic  drug"  means  any  of  the following, whether produced directly or  indirectly  by  extraction  from  substances  of  vegetable origin,  or  independently  by  means  of  chemical  synthesis,  or by a combination of extraction and chemical synthesis:  (a)  opium  and  opiate,  and  any  salt,  compound,  derivative,   or preparation of opium or opiate;  (b)  any  salt,  compound,  isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of  the  substances referred  to in paragraph (a) of this subdivision, but not including the isoquinoline alkaloids of opium;  (c) opium poppy and poppy straw.   21. "Opiate"  means  any  substance  having  an  addiction-forming  or addiction-sustaining  liability  similar to morphine or being capable of conversion into a drug having addiction-forming or  addiction-sustaining liability.  It  does  not  include,  unless  specifically  designated as controlled under section thirty-three hundred six  of  this  title,  the dextrorotatory  isomer  of  3-methoxy-n-methylmorphinan  and  its  salts (dextromethorphan). It does include its racemic and levorotatory forms.   22. "Opium poppy" means the plant of the  species  Papaver  somniferum L., except its seeds.   23. "Person" means individual, institution, corporation, government or governmental  subdivision  or  agency,  business  trust,  estate, trust, partnership or association, or any other legal entity.   24. "Pharmacist" means any person licensed by the state department  of education to practice pharmacy.   25.  "Pharmacy"  means  any  place  registered as such by the New York state board of pharmacy and registered with the Federal agency  pursuant to the federal controlled substances act.   26.  "Poppy  straw"  means  all  parts, except the seeds, of the opium poppy, after mowing.   27. "Practitioner" means:   A   physician,   dentist,   podiatrist,    veterinarian,    scientific investigator,  or  other  person  licensed,  or  otherwise  permitted to  dispense, administer or conduct research with respect  to  a  controlled substance  in the course of a licensed professional practice or research licensed pursuant to  this  article.  Such  person  shall  be  deemed  a "practitioner"  only  as to such substances, or conduct relating to such substances,  as  is  permitted  by  his  license,  permit  or  otherwise permitted by law.   28.  "Prescribe"  means a direction or authorization, by prescription, permitting an ultimate user lawfully  to  obtain  controlled  substances from any person authorized by law to dispense such substances.   29. "Prescription" shall mean an official New York state prescription, an  electronic  prescription,  an  oral  prescription or an out-of-state prescription.   30. "Sell" means to sell, exchange, give or dispose of to another,  or offer or agree to do the same.   31.  "Ultimate user" means a person who lawfully obtains and possesses a controlled substance for his own use or the use by  a  member  of  his household or for an animal owned by him or in his custody. It shall also mean   and   include  a  person  designated,  by  a  practitioner  on  a prescription, to obtain such substance on behalf of the patient for whom such substance is intended.   32. "Internet"  means  collectively  computer  and  telecommunications facilities  which comprise the worldwide network of networks that employ a set of  industry  standards  and  protocols,  or  any  predecessor  or successor  protocol  to  such  protocol,  to exchange information of all kinds.  "Internet,"  as  used  in  this  article,  also  includes  other networks,  whether  private  or  public, used to transmit information by electronic means.   33. "By means of the internet" means any sale, delivery, distribution, or dispensing of a controlled  substance  that  uses  the  internet,  is initiated by use of the internet or causes the internet to be used.   34.  "Online  dispenser"  means a practitioner, pharmacy, or person in the United States that sells, delivers or dispenses, or offers to  sell, deliver, or dispense, a controlled substance by means of the internet.   35.  "Electronic  prescription"  means  a  prescription issued with an electronic signature and transmitted by electronic means  in  accordance with  regulations  of the commissioner and the commissioner of education and consistent with federal requirements. A prescription generated on an electronic system that is printed out or transmitted  via  facsimile  is not considered an electronic prescription and must be manually signed.   36. "Electronic" means of or relating to technology having electrical, digital,   magnetic,   wireless,  optical,  electromagnetic  or  similar capabilities. "Electronic" shall not include facsimile.   37. "Electronic record" means a  paperless  record  that  is  created, generated,  transmitted,  communicated,  received  or stored by means of electronic equipment and includes the preservation, retrieval,  use  and disposition  in  accordance with regulations of the commissioner and the commissioner of  education  and  in  compliance  with  federal  law  and regulations.   38.  "Electronic  signature"  means  an  electronic  sound, symbol, or process, attached to or logically associated with an  electronic  record and  executed or adopted by a person with the intent to sign the record, in accordance with regulations of the commissioner and the  commissioner of education.   39. "Registry" or "prescription monitoring program registry" means the prescription monitoring program registry established pursuant to section thirty-three hundred forty-three-a of this article.   40.  "Compounding"  means  the  combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug  or  bulk  drug  substance to create a drug with respect to an outsourcing facility under section  503B  of  the  federal  Food, Drug and Cosmetic Act and further defined in this section.   41. "Outsourcing facility" means a facility that:  (a)  is  engaged  in  the  compounding  of sterile drugs as defined in section sixty-eight hundred two of the education law;  (b) is currently registered as an  outsourcing  facility  pursuant  to article one hundred thirty-seven of the education law; and  (c)  complies  with  all  applicable requirements of federal and state law, including the Federal Food, Drug and Cosmetic Act.   Notwithstanding any other provision of law to the  contrary,  when  an outsourcing  facility  distributes  or  dispenses any drug to any person pursuant to a prescription, such outsourcing facility shall be deemed to be providing pharmacy services and shall be subject to all  laws,  rules and regulations governing pharmacies and pharmacy services.