Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 722.000 - Dispensing Procedures for Pharmacists › Section 722.020 - Definitions

Current through Register 1525, July 5, 2024
The terms used in
				105 CMR 722.000 have the
				following meanings. Terms defined in M.G.L. c. 112, § 12D and c. 94C,
				§ 1, and not defined in
				105 CMR 722.000 shall have
				the meanings set forth therein when used in
				105 CMR 722.000, unless the
				context clearly requires a different interpretation.
Clinic
. An entity licensed by the
				Department of Public Health as a clinic, as defined in M.G.L. c. 111, §
				52.
Clinic Employee
. Persons currently on
				payroll or medical staff members of the clinic, system or accountable care
				organization, and their spouses and dependents living in the same household;
				clinic volunteers; students working at the clinic, or individuals contracted
				for employment by the clinic, system or accountable care organization.
Clinic Patient
. A person formally
				registered as a patient who is receiving services or treatment at the
				clinic.
Clinic Pharmacy
. A pharmacy that is
				not registered as a retail drug business pursuant to M.G.L. c. 112, § 39
				and which is maintained and operated by the clinic.
Commissioner
. The Commissioner of the
				Massachusetts Department of Public Health.
Discharge Patient
. For the purpose of
				105 CMR 722.000 only, a
				discharge patient is a person who has been released from an inpatient hospital
				bed and is no longer registered as a hospital patient.
Drug Product
. A product which contains
				an active drug ingredient and is in a dosage form
e.g
. tablet,
				capsule, or solution, generally, but not necessarily in combination with other
				substances included in the manufacturing process. An active drug ingredient is
				that portion of drug product intended to produce a therapeutic effect.
Drug Purchaser
. Any individual or
				third-party payor purchasing prescribed drugs on behalf of himself or
				others.
Emergency Room Patient
. For the
				purposes of
				105 CMR 722.000 only, an
				emergency room patient is a person registered at a hospital for the purpose of
				receiving emergency services or treatment and who departs from the hospital
				immediately after receiving such emergency services or treatment.
Hospital Employees
. Persons currently
				on the payroll or medical staff members of the hospital, system, or accountable
				care organization and their spouse and dependents living in the same household;
				volunteers at the hospital, students working at the hospital or individuals
				contracted for employment by the hospital, system or accountable care
				organization.
Hospital Inpatient
. For the purposes
				of
				105 CMR 722.000 only, a
				hospital inpatient is a person formally admitted to a hospital bed for the
				purpose of receiving services or treatment and who remains in the hospital at
				least overnight. A person is considered a hospital inpatient if, after formal
				admission as an inpatient, such person is later discharged for medical reason
				or is transferred to another hospital before such person has occasion to occupy
				a hospital bed overnight.
Hospital Outpatient
. For the purposes
				of
				105 CMR 722.000 only, a
				hospital outpatient is a person formally registered on the hospital records as
				an outpatient and who is currently receiving services or treatments at a clinic
				of the hospital (
e.g
., asthma clinic, arthritis clinic,
				radiation therapy clinic,
etc
.). Patients who are seen at a
				doctor's private office within or without the hospital shall not be deemed to
				be hospital outpatients.
Hospital Pharmacy
. A hospital's
				central, satellite or branch pharmacy.
Hospital Premises
. For the purposes of
				105 CMR 722.000 only, the
				buildings and contiguous grounds of a hospital.
Hospital-based Skilled Nursing
				Facility
. For the purposes of
				105 CMR 722.000 only, a
				long-term care facility or unit thereof that is an integral and subordinate
				part of the hospital, is operated with other departments of the hospital under
				common governance and professional supervision such that the skilled nursing
				facility and the hospital are subject to the bylaws and operating decisions of
				a common governing board, is fully integrated with all other services of the
				hospital, and is financially integrated with the hospital.
Less Expensive
. The charge to the drug
				purchaser in the pharmacy where the sale takes place must be less for the
				interchanged drug product, whether brand name or generic, than the selling
				price for the prescribed drug product on the day of purchase.
Pharmacist
. Any pharmacist registered
				in the Commonwealth to dispense controlled substances, and including any other
				person authorized to dispense controlled substances under the supervision of a
				pharmacist registered in the Commonwealth. Any pharmacist who fills a
				prescription is responsible for complying with all requirements of M.G.L. c.
				112, § 12D,
				105 CMR 720.000:
List of Interchangeable Drug Products
, 721.000:
Standards for Prescription Format and Security in
				Massachusetts
and 722.000, whether or not that pharmacist orders drugs
				for the pharmacy.