Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. As used in this
				  chapter, unless otherwise provided, those definitions appearing in Criminal Law
				  Article, §
										5-101, Annotated Code of
				  Maryland, shall apply.
B. In this
				  chapter, the following terms have the meanings indicated.
C. Terms Defined.
(1) "Act" means the Maryland Controlled
				  Dangerous Substances Act, Criminal Law Article, §§
											5-101 -5-1101, Annotated
				  Code of Maryland.
(2) Commercial
				  Container.
(a) "Commercial container" means
				  any bottle, jar, tube, ampule, or other receptacle in which a substance is held
				  for distribution or dispensing to an ultimate user.
(b) "Commercial container" includes any box
				  or package in which a receptable is held for distribution or dispensing to an
				  ultimate user.
(c) "Commercial
				  container" does not include any package liner, package insert, or other
				  material kept with or within a commercial container, or any carton, crate,
				  drum, or other package in which commercial containers are stored or are used
				  for shipment of controlled dangerous substances.
(3) Controlled Premises.
(a) "Controlled premises" means places where
				  original or other records or documents required under the Act are kept or
				  required to be kept.
(b)
				  "Controlled premises" includes factories, warehouses, other establishments, and
				  conveyances, where persons registered under the Act or exempt from registration
				  under the Act may lawfully hold, manufacture, distribute, dispense, administer,
				  or otherwise dispose of controlled dangerous substances.
(4) "Department" means the Department of
				  Health and Mental Hygiene of the State.
(5) "Division of Drug Control" means a
				  division within the Department of Health and Mental Hygiene.
(6) "Federal Act" means the Controlled
				  Substance Act (84 Stat. 1242;
				  21 U.S.C.
				  801) or the Controlled Substance Import and
				  Export Act (84 Stat. 1285; 21 U.S.C. 951).
(7) Individual Practitioner.
(a) "Individual practitioner" means a
				  physician, dentist, veterinarian, or other individual licensed, registered, or
				  otherwise permitted by the United States or the jurisdiction in which the
				  individual practitioner practices, to dispense a controlled dangerous substance
				  in the course of professional practice.
(b) "Individual practitioner" does not
				  include a pharmacist, a pharmacy, or an institutional practitioner.
(8) "Inspector" means an officer
				  or employee of the Department authorized by the Secretary to make inspections
				  under the Act.
(9) Institutional
				  Practitioner.
(a) "Institutional
				  practitioner" means a hospital or other person other than an individual
				  licensed, registered, or otherwise permitted by the United States or the
				  jurisdiction in which it practices, to dispense a controlled dangerous
				  substance in the course of professional practice.
(b) "Institutional practitioner" does not
				  include a pharmacy.
(10)
				  "Labeling" means all labels and other written, printed, or graphic matter on
				  any controlled substance or any of its commercial containers or wrappers
				  accompanying controlled dangerous substances.
(11) Manufacture.
(a) "Manufacture" means the:
(i) Producing, preparation, propagation,
				  compounding, or processing of a drug or other substance;
(ii) Packaging or repackaging of the
				  substance; or
(iii) Labeling or
				  relabeling of the commercial container of the substance.
(b) "Manufacture" does not include the
				  activities of a practitioner who, as an incident to the practitioner's
				  administration or dispensing the substance in the course of the practitioner's
				  professional practice, prepares, compounds, packages, or labels the
				  substance.
(12)
				  "Manufacturer" means a person who manufactures a drug or other substance under:
(a) A registration as a manufacturer;
				  or
(b) Authority of registration as
				  a researcher or chemical analyst.
(13) Pharmacist.
(a) "Pharmacist" means any pharmacist
				  licensed in the State to dispense controlled dangerous substances.
(b) "Pharmacist" includes any other
				  individual, for example, a pharmacist intern, authorized by a state to dispense
				  controlled dangerous substances under the supervision of a pharmacist licensed
				  by that state.
(14)
				  Prescription.
(a) "Prescription" means an
				  order for medication that is dispensed to or for an ultimate user.
(b) "Prescription" does not include an order
				  for medication which is dispensed for immediate administration to the ultimate
				  user, such as an order to dispense a drug to a bed patient for immediate
				  administration in a hospital.
(15) "Registration" means initial
				  registration or subsequent reregistration.
(16) "Secretary" means the Secretary of
				  Health and Mental Hygiene.