Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 27 - Controlled Dangerous Substances › Subchapter A - General Provisions › Section LIII-2701 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Words not
				  defined in this Chapter shall have their common usage and meaning as stated in
				  the Merriam Webster's Collegiate Dictionary-Tenth Edition, as revised, and
				  other similarly accepted reference texts. As used in this Chapter, the
				  following terms shall have the meaning ascribed to them in this Section unless
				  the context clearly indicates otherwise:
Administer
or
Administration
-the direct application of a drug to the body of
					 a patient or research subject by injection, inhalation, ingestion, or any other
					 means.
Agent
-an individual who acts on behalf or
					 at the direction of a manufacturer, distributor, or other licensee, but does
					 not include a common or contract carrier, public warehouseman, or employee
					 thereof.
Ambulatory Surgical Center
or
Surgical Center
-a facility licensed by the department to
					 operate as an ambulatory surgery center.
BNDD
-United States Bureau of Narcotics and
					 Dangerous Drugs.
Board
-the Louisiana Board of
					 Pharmacy.
Central Fill Pharmacy
-a pharmacy which
					 provides centralized dispensing services to other pharmacies, in compliance
					 with the provisions of
					 §1141 of the board's rules.
Certified Animal Euthanasia Technician
-an
					 individual authorized by law and certified by the Louisiana State Board of
					 Veterinary Medicine to practice animal euthanasia.
CFR
-Code of Federal Regulations
Client Pharmacy
-a pharmacy which has
					 engaged the services of a central fill pharmacy.
Collegiate Dictionary
-Tenth Edition, as
					 revised, and other similarly accepted reference texts. As used in this Chapter,
					 the following terms shall have the meaning ascribed to them in this Section
					 unless the context clearly indicates otherwise:
Controlled Dangerous Substance
or
Controlled Substance
-any substance defined, enumerated, or
					 included in federal or state statute or regulations,  21 CFR § 1308.11-15  or
					 R.S.
					 40:964, or any substance which may hereafter
					 be designated as a controlled dangerous substance by amendment or
					 supplementation of such regulations or statute. The term shall not include
					 distilled spirits, wine, malt beverages, or tobacco.
CRT
-cathode ray tube video display
					 unit.
DEA
-United States Drug Enforcement
					 Administration.
Deliver
or
Delivery
-the
					 actual, constructive, or attempted transfer of a drug or device containing a
					 controlled substance, from one person to another, whether or not for
					 consideration, or whether or not there exists an agency relationship.
Dentist
-an individual authorized by law
					 and licensed by the Louisiana State Board of Dentistry to engage in the
					 practice of dentistry.
Department
-the Louisiana Department of
					 Health.
Dispense
or
Dispensing
-the interpretation, evaluation, and implementation
					 of a prescription drug order for a controlled substance, including the
					 preparation and delivery of a drug or device to a patient or patient's agent in
					 a suitable container appropriately labeled for subsequent administration to, or
					 use by, a patient.
Dispenser
-an individual currently
					 licensed, registered, or otherwise authorized by the appropriate licensing
					 board to dispense drugs or devices containing controlled substances to his own
					 patients in the course of professional practice.
Distribute
or
Distributing
-the delivery of a drug or device containing a
					 controlled substance in response to a non-patient specific purchase order,
					 requisition, or similar communication, other than by administering or
					 dispensing.
Distributor
or
Wholesaler
-a facility authorized by law and licensed by the
					 Louisiana Board of Drug and Device Distributors to engage in the distribution
					 of drugs or devices, including controlled substances.
a. any substance recognized as a drug in the
				  official compendium, or supplement thereto, designated by the board for use in
				  the diagnosis, cure, mitigation, treatment, or prevention of disease in humans
				  or animals;
b. any substance
				  intended for use in the diagnosis, cure, mitigation, treatment, or prevention
				  of disease in humans or animals; or
c. any substance other than food intended to
				  affect the structure or any function of the body of humans or
				  animals.
Drug
-
Drug Detection Canine Trainer
-an
					 individual qualified to conduct experiments using controlled substances in
					 training canines to detect the presence of contraband controlled dangerous
					 substances.
Drug Detection Canine Handler
-an
					 individual qualified to handle canines in the detection of contraband
					 controlled substances.
Electronic Prescription
-a prescription
					 generated, signed, and transmitted in electronic form.
Emergency Clinic
-a facility staffed by at
					 least one physician and other licensed medical personnel for the purpose of
					 providing emergency medical treatment.
Facility
-an organized health care setting
					 authorized by law and licensed by the department to engage in the provision of
					 health care.
Hemp Facility
-a facility licensed by the
					 Louisiana Department of Agriculture and Forestry as a hemp seed producer, hemp
					 grower, hemp handler or hemp processor.
Hospital
-a facility licensed by the
					 department to operate as a hospital.
LDAF
-Louisiana Department of Agriculture
					 and Forestry, or its successor.
License
-a Louisiana Controlled Dangerous
					 Substances (CDS) License.
Licensee
-an individual or facility in
					 possession of a Louisiana CDS license.
Manufacturer
-a person authorized by law
					 and licensed by the federal Food and Drug Administration to engage in the
					 production of drugs, including controlled substances.
Narcotic Treatment Program
-a program
					 authorized by law and licensed by the department and the federal Drug
					 Enforcement Administration to operate a substance abuse program using narcotic
					 replacement procedures for individuals dependent upon opium, heroin, morphine,
					 or any other derivative or synthetic drug in that classification of
					 drugs.
Optometrist
-an individual authorized by
					 law and licensed by the Louisiana State Board of Optometry Examiners to engage
					 in the practice of optometry.
Person
-an individual, corporation,
					 partnership, association, or any other legal entity, including government or
					 governmental subdivision or agency.
Pharmacist
-an individual authorized by law
					 and licensed by the board to engage in the practice of pharmacy.
Pharmacy
-a place authorized by law and
					 permitted by the board to procure, possess, compound, distribute, and dispense
					 drugs, including controlled substances.
Physician
-an individual authorized by law
					 and licensed by the Louisiana State Board of Medical Examiners to engage in the
					 practice of medicine.
Podiatrist
-an individual authorized by law
					 and licensed by the Louisiana State Board of Medical Examiners to engage in the
					 practice of podiatry.
Practice Affiliation
-a practice
					 relationship, collaboration, or practice under the supervision of a physician
					 licensed to practice medicine, applicable to advanced practice registered
					 nurses and physician assistants.
Practitioner
-an individual currently
					 licensed, registered, or otherwise authorized by the appropriate licensing
					 board to prescribe and administer drugs in the course of professional
					 practice.
Prescribe
or
Prescribing
-to order a drug or device to be administered or
					 dispensed to a specific patient.
Prescriber
-an individual currently
					 licensed, registered, or otherwise authorized by the appropriate licensing
					 board to prescribe drugs in the course of professional practice.
Prescription or Prescription Drug Order
-an
					 order from a practitioner authorized by law to prescribe a drug or device that
					 is patient specific and is to be preserved on file as required by law or
					 regulation.
Researcher
-an individual qualified to
					 conduct medical, educational, or scientific experiments on animals, humans, or
					 in laboratories which require the use of controlled substances. For the purpose
					 of this Chapter, manufacturers which use controlled substances in the
					 manufacturing process, but do not manufacture controlled substances as an end
					 product, shall be considered researchers and not manufacturers as defined in
					 R.S.
					 40:961(24).
Reverse Distribute
-to acquire controlled
					 substances from another registrant or law enforcement for the purpose
					 of:
a. return to the registered
				  manufacturer or another registrant authorized by the manufacturer to accept
				  returns on the manufacturer's behalf; or
b. destruction.
Reverse Distributor
-is a person registered
					 by the DEA as a reverse distributor.
Sales Representative
or
Professional Medical Representative
-an individual employed by
					 a manufacturer or distributor and authorized by the employer to receive,
					 possess, and deliver controlled substances to a person licensed to possess
					 controlled dangerous substances.
Supplier
-any person registered by the DEA
					 who is entitled to fill order forms for controlled substances.
Third-Party Logistics Provider
-a person
					 who provides or coordinates warehousing, facilitation of delivery, or other
					 logistic services for a legend drug or legend device in interstate or
					 intrastate commerce on behalf of a manufacturer, distributor, or dispenser of a
					 legend drug or legend device but does not take ownership of the legend drug or
					 legend device nor have responsibility to direct the sale or disposition of the
					 legend drug or legend device.
Veterinarian
-an individual authorized by
					 law and licensed by the Louisiana State Board of Veterinary Medicine to engage
					 in the practice of veterinary medicine.