Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-2 - Definitions

Current through June, 2024
The following definitions shall apply In the interpretation
				  and enforcement of this chapter:
"Abuse" means the misuse of a substance or the use of a
				  substance to an extent deemed deleterious or detrimental to the user, to
				  others, or to society.
"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 by:
(1) A practitioner;
(2) A licensed health care professional acting as the
				  practitioner's authorized agent or in the practitioner's presence or at the
				  practitioner's direction; or
(3) The patient or research-subject at the direction or in
				  the presence of the practitioner.
"Administrator" means the administrator of the narcotics
				  enforcement division of the department of public safety.
"Agent" means an authorized person who acts on behalf of or
				  at the direction of a manufacturer, distributor, or dispenser. it does not
				  include a common or contract carrier, public warehouseman, or employee of the
				  carrier or warehouseman.
"Bureau" or "DEA" means the Drug Enforcement Administration,
				  United States Department of Justice, or its successor agency.
"Central repository" means a central repository established
				  under section
				  329-102,
				  Hawaii Revised Statutes.
"Controlled substance" means a drug, substance, or immediate
				  precursor in schedules I through vof Chapter
				  329 part II, Hawaii Revised
				  Statutes.
"Counterfeit substance" means a controlled substance which,
				  or the container or labeling of which, without authorization, bears the
				  trademark, trade name, or other identifying mark, imprint, number or device, or
				  any likeness thereof, of a manufacturer, distributor, or dispenser other than
				  the person who in fact manufactured, distributed, or dispensed the
				  substance.
"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.
"Department" means the department of public safety.
"Designated state agency" means the narcotics enforcement
				  division, department of public safety.
"Director" means the director of the department of public
				  safety or the director's duly authorized agent.
"Dispense" means to deliver a controlled substance to an
				  ultimate user or research subject by or pursuant to the lawful order of a
				  practitioner, including the prescribing, administering, packaging, labeling, or
				  compounding necessary to prepare the substance for that delivery. A controlled
				  substance is dispensed when:
(1) It is compounded, prepared, labeled and packaged pursuant
				  to the lawful order of a practitioner by a licensed pharmacist acting in the
				  usual course of his professional practice and who is either registered
				  individually or employed in a registered pharmacy or by a registered
				  institutional practitioner, for delivery to the ultimate user;
(2) It is compounded, prepared, labeled and packaged for
				  delivery to the ultimate user by a practitioner acting in the usual course of
				  his professional practice;
(3) It is prepared, labeled, and packaged pursuant to the
				  lawful order of a practitioner by a registered health care professional acting
				  as an agent of the practitioner for delivery to the ultimate user by the
				  practitioner; or
(4) It is prepackaged by a pharmacist for use in an emergency
				  facility for delivery to the ultimate user by a licensed or registered health
				  care professional pursuant to the order of a physician.
"Dispenser" means a practitioner who dispenses.
"Distribute" means to deliver other than by administering or
				  dispensing a controlled substance.
"Distributor" means a person who distributes.
"Drug" means:
(1) 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;
(2) Substances intended for use in the diagnosis, cure,
				  mitigation, treatment, or prevention of disease in man or animals;
(3) Substances (other than food) intended to affect the
				  structure or any function of the body of man or animals; and
(4) Substances intended for use as a component of any article
				  specified in clause (1), (2), or (3) of this definition. it does not include
				  devices or their components, parts, or accessories.
"Drug Enforcement Administration registration number" means
				  the practitioner's Drug Enforcement Administration controlled substance
				  registration number.
"Exception report" means an output of data indicating
				  schedule II controlled substances dispensation that is outside expected norms
				  for a practitioner practicing a particular specialty or field of health care,
				  for a dispenser doing business in a particular location, or for a
				  patient.
"Identification number" means, with respect to a
				  patient:
(1) The unique, valid driver's license number of the patient,
				  followed by the two-digit United States Postal Service code for the state
				  issuing the driver's license or, if the patient is a foreign patient, the
				  patient's passport number. If the patient does not have a driver's license, the
				  "identification number" means the patient's social security number, followed by
				  the patient's state of residency code. If the patient is less than eighteen
				  years old and has no such identification, the identification number means the
				  unique number contained on the valid driver's license of the patient's parent
				  or guardian; or
(2) If the controlled substance is obtained for an animal,
				  the unique number described in paragraph (1) of the animal's owner.
"Immediate precursor" means a substance which the department
				  has found to be and by rule or statute designated as being the principal
				  compound commonly used-or produced primarily for use, and which is an immediate
				  chemical intermediary used or likely to be used in the manufacture of a
				  controlled substance, the control of which is necessary to prevent, curtail, or
				  limit manufacture.
"Individual practitioner" means a physician, dentist,
				  veterinarian, or other individual licensed and registered under chapter
				  329-32,
				  Hawaii Revised Statutes, to distribute, dispense, prescribe or conduct research
				  in the course of professional practice, but does not include a clinic,
				  pharmacist, pharmacy, midlevel practitioner or, an institutional
				  practitioner.
"Institutional practitioner" means a clinic, hospital, or
				  other person (other than an individual) licensed, and registered under chapter
				  329-32,
				  Hawaii Revised Statutes, to dispense a controlled substance in the course of
				  professional practice, but does not include a pharmacy.
"Manufacture" means the production, preparation, propagation,
				  compounding, conversion, or processing of a controlled substance, either
				  directly or indirectly 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 or compounding of a controlled substance by an
				  individual for the individual's own use or the preparation, compounding,
				  packaging, or labeling of a controlled substance:
(1) By a practitioner as an incident to the practitioner's
				  administering or dispensing of a controlled substance in the course of the
				  practitioner's professional practice, or
(2) By a practitioner, or by the practitioner's authorized
				  agent under the practitioner's supervision, for the purpose of, or as an
				  incident to, research, teaching, or chemical analysis and not for sale.
"Marijuana" means all parts of the plant (genus) Cannabis
				  whether growing or not, the seeds thereof; the resin extracted from any part of
				  the plant; and every compound, manufacture, salt, derivative, mixture, or
				  preparation of the plant, its seeds, or resin having a tetrahydrocannabinol
				  concentration greater than 0 percent. it does not include the mature stalks of
				  the plant, fiber produced from the stalks, oil, or cake made from the seeds of
				  the plant, any other compound, manufacture, salt, derivative, mixture, or
				  preparation of the mature stalks (except the resin extracted therefrom), fiber,
				  oil, or cake, or the sterilized seed of the plant which is incapable of
				  germination and which has a tetrahydrocannabinol concentration of 0
				  percent.
"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:
(1) Opium and opiate, and any salt, compound, derivative, or
				  preparation of opium or opiate.
(2) Any salt, compound, isomer, derivative, or preparation
				  thereof which is chemically equivalent or identical with any of the substances
				  referred to in clause (1), but not including the isoquinoline alkaloids of
				  opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or
				  preparation of coca leaves, and any salt, compound, isomer, derivative, or
				  preparation thereof which is chemically equivalent or identical with any of
				  these substances, but not including decocainized coca leaves or extraction's of
				  coca leaves which do not contain cocaine or ecgonine.
"NABP number" means the identification number assigned to
				  each individual pharmacy by the National council of Prescription Drug
				  Programs.
"NDC number" means the national drug code number.
"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
				  329-11,
				  Hawaii Revised Statutes, the dextrorotatory isomer of
				  3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include
				  its racemic and levorotatory forms.
"Opium poppy" means the plant of the species papaver
				  somniferum, except its seeds.
"Person" means individual, corporation, government, or
				  governmental subdivision or agency, business trusts, estate, trust, partnership
				  or association, or any other legal entity.
"Pharmacist" means a licensed pharmacist, apothecary, or
				  druggist as defined by the laws of the State.
"Physician assistant" means a person licensed under section
				  453-5.3,
				  Hawaii Revised Statutes, who is registered under this chapter to administer,
				  prescribe or dispense a controlled substance under the authority and
				  supervision of a physician registered under section
				  329-33, Hawaii
				  Revised Statutes.
"Poppy straw" means all parts, except the seeds, of the opium
				  poppy, after mowing.
"Podiatrist" means a foot specialist authorized by law to
				  practice podiatry and to dispense controlled substances in the course of his
				  professional practice in this State.
"Practitioner" means:
(1) A physician, dentist, veterinarian, scientific
				  investigator, or other person licensed and registered under section
				  329-32,
				  Hawaii Revised Statutes, to distribute, dispense, prescribe or conduct research
				  with respect to a controlled substance in the course of professional practice
				  or research in this State but does not include midlevel practitioners.
(2) A pharmacy, hospital, or other institution licensed,
				  registered, or otherwise permitted to distribute, dispense, conduct research
				  with respect to or to administer a controlled substance in the course of
				  professional practice or research in this State.
"Prescribe" means to direct, designate or order the use of a
				  formula for the preparation of a drug and medicine for a disease or illness and
				  the manner of using them.
"Prescriber" means one who is authorized to issue a
				  prescription.
"Prescription" means an order or formula issued by a licensed
				  practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary
				  medicine, for the compounding or dispensing of drugs.
"Production" includes the manufacture, planting, cultivation,
				  growing, or harvesting of a controlled substance.
" Public Law 91-513 " means the Federal Comprehensive Drug
				  Abuse, Prevention, and Control Act of 1970.
"Registration" means the act of registering with the
				  department of public safety, State of Hawaii.
"State", when applied to a part of the United States,
				  includes any state, district, commonwealth, territory, insular possession
				  thereof, and any area subject to the legal authority of the United States of
				  America.
"Supervising physician" means a physician licensed to
				  practice medicine in the State and registered under section
				  329-33, Hawaii
				  Revised Statutes, who supervises a physician assistant and retains full
				  professional and legal responsibility for the performance of the physician
				  assistant and the care and treatment of the patient.
"System" means an electronic prescription accountability
				  system as described in chapter
				  329, part VIII, Hawaii Revised
				  Statutes
"Ultimate user" means a person who lawfully possesses a
				  controlled substance for the person's own use or for the use of a member of the
				  person's household or for administering to an animal owned by the person or by
				  a member of the person's household.