West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-08 - Controlled Substances Monitoring Program › Section 15-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				definitions applicable to the Uniform Controlled Substances Act set forth in
				West Virginia Code §
									60A-1-101 apply to
				this Series.
2.2. The following
				words and phrases have the following meanings:
2.2.a. "Central repository" means the
				repository designated by the board for the collection of the transmitted
				information, which may be a vendor designated by the board and under contract
				with the board to act as the central repository.
2.2.b. "Controlled Substances Monitoring
				Program" or "CSMP" means the database maintained through the central repository
				for the information required to be transmitted by this rule.
2.2.c. "Date sold" means, for purposes of
				American Society for Automation in Pharmacy (ASAP) standard prescription drug
				monitoring program reporting formats, the date a prescription is delivered to
				the patient or the patient's caregiver or agent on behalf of the patient For
				prescriptions delivered by mail or other common carrier, it is the date placed
				in the mail or for delivery.
2.2.d.
				"Deliver" or "delivery" means the actual, constructive or attempted transfer
				from one person to another of:
(1) A
				controlled substance, whether or not there is an agency relationship;
(2) a counterfeit substance; or
(3) an imitation controlled
				substance.
2.2.e.
				"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. Dispensing has not
				occurred for purposes of this definition until the controlled substance is
				actually delivered to the recipient or recipient representative.
2.2.f. "Drugs of concern" means prescription
				drugs which are not controlled substances but which have a high potential for
				abuse.
2.2.g. "Authorized agent"
				means an individual, who is an employee of any of the covered persons or
				entities permitted to have access to the central repository pursuant to Rule
				15-8-7.3 of this rule, who is specifically designated by the covered person or
				authorized representative of the covered entity to access the central
				repository on behalf of the covered person or entity.
2.2.h. "Electronic access" means the ability
				to connect with and view the information in the central repository maintained
				by the board using electronic means permits real-time connectivity to the
				central repository.
2.2.i.
				"Government-issued photo identification card" means an identification card of
				an individual that provides a photograph of him or her and is issued by a State
				or the Federal Government of the United States of America, or a document that,
				with respect to identification, is considered acceptable for purposes of
				sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title 8, Code of Federal
				Regulations (2020).
2.2.j.
				"Internet" means an interconnected system of networks that connects computers
				around the world via the Transmission Control Protocol (TCP) and the Internet
				Protocol (IP) established by the Internet Society (ISOC).
2.2.k. "Intranet" means a privately
				maintained computer network that can be accessed only by authorized persons,
				especially members or employees of the organization that owns it.
2.2.l. "Medical Services Provider" means a
				licensed practitioner with the legal authority to dispense controlled
				substances.
2.2.m. "Opioid
				antagonist or opiate antagonist" means drugs approved by the federal Food and
				Drug Administration for treatment of drug overdose which have a high affinity
				for opiate receptors but do not activate these receptors, and which block the
				effects of exogenously administered opioids such as morphine, heroin,
				meperidine, and methadone, or of endogenously released endorphins and
				enkephalins.
2.2.n. "Patient" means
				an individual who:
2.2.n.1. has a valid
				ongoing practitioner-patient relationship; or
2.2.n.2. has not yet established an ongoing
				practitioner-patient relationship, but:
2.2.n.2.A. has requested to establish such a
				relationship with the practitioner; or
2.2.n.2.B. has been referred to that
				practitioner for evaluation or care by another practitioner.
2.2.o. "Recipient"
				means the patient, ultimate user or research subject for whom a controlled
				substance is dispensed or filled.
2.2.p. "Recipient representative" means an
				individual to whom a controlled substance is dispensed or filled if the
				recipient is either less than 18 years of age or unavailable to receive the
				controlled substance.
2.2.q.
				"Reporter" means a medical services provider, health care facility, pharmacist,
				or pharmacy that is required to submit the information outlined in section 4 of
				this rule.
2.2.r. "Schedule II,
				III, IV, or V Controlled Substance" means a controlled substance classified in
				those categories under W. Va. Code §§
										60A-2-206, 208, 210,
				and 212.
2.2.s. "Security
				prescription blank" means a prescription blank that complies with the
				requirements of §
										15-1-23
				of the West Virginia Code of State Rules.
2.2.t. "Universal Claim Form" means a
				nationally recognized standard form developed by the National Council for
				Prescription Drug Programs used for billing drug claims to insurance
				plans.