ยง328C-1 - Definitions.
ยง328C-1ย Definitions.ย Whenever
used in this chapter unless the context otherwise requires:
"Charitable, religious, or nonprofit
organization" means any organization which was organized and is operating
in the State for charitable or religious purposes or to promote social welfare,
which is exempt from income taxation under chapter 235, and which distributes
pharmaceuticals and health care supplies at no cost to needy persons.
"Institutional facility" means a:
(1)ย Hospital;
(2)ย Convalescent home;
(3)ย Nursing home;
(4)ย Extended care facility;
(5)ย Mental institution;
(6)ย Rehabilitation center;
(7)ย Health maintenance organization;
(8)ย Psychiatric center;
(9)ย Mental retardation center;
(10)ย Penal institution; or
(11)ย Any other organization whose primary purpose is
to provide a physical environment for patients to obtain health care services
or at-home care services, except those places where physicians, dentists,
veterinarians, osteopaths, podiatrists, or other prescribers who are duly
licensed, engage in private practice.
"Needy person" means any natural
person who lacks the means to obtain adequate or proper pharmaceuticals or
health care supplies, as determined by a practitioner at a Hawaii qualified
health center, established under section 346-41.5, to be in need of service.
"Pharmaceutical company" [Repealed
on July 1, 2010.ย L 2004, c 190, ยง11.] means any company that manufactures
pharmaceuticals and health care supplies.
"Pharmaceuticals and health care
supplies" means any medicine (prescription or nonprescription, excluding
all controlled substances listed in chapter 329) or health care supplies such
as soap, personal sanitary products, baby formula, dietary supplement, health
care aids such as thermometers, surgical gloves, or bandages, or any other item
which is customarily fit for human consumption or external use, before the
expiration date stamped on the product, if any.
"Pharmacy" [Repealed on July 1,
2010.ย L 2004, c 190, ยง11.] has the same meaning as provided in section 461-1.
"Prescription drug" [Repealed on July
1, 2010.ย L 2004, c 190, ยง11.] means:
(1)ย Any drug required by federal or state statutes,
regulations, or rules to be dispensed only upon prescription, including
finished dosage forms and active ingredients subject to section 328-16 or
section 503(b) of the Federal Food, Drug, and Cosmetic Act; or
(2)ย Any drug product compounded or prepared pursuant
to the order of a practitioner, as defined in section 461-1.
"Repository" [Repealed on July 1,
2010.ย L 2004, c 190, ยง11.] means:
(1)ย A charitable, religious, or nonprofit
organization as defined in section 328C-1, licensed as a wholesale prescription
drug distributor pursuant to section 461-8.6; or
(2)ย A foreign medical aid mission group that
distributes pharmaceuticals and health care supplies to needy persons abroad.
[L 1997, c 337, pt of ยง2; am L 2001, c 207, ยง1; am L 2004, c 190, ยง4]