§328C-1  Definitions.  Wheneverused in this chapter unless the context otherwise requires:

"Charitable, religious, or nonprofitorganization" means any organization which was organized and is operatingin the State for charitable or religious purposes or to promote social welfare,which is exempt from income taxation under chapter 235, and which distributespharmaceuticals and health care supplies at no cost to needy persons.

"Institutional facility" means a:

(1)  Hospital;

(2)  Convalescent home;

(3)  Nursing home;

(4)  Extended care facility;

(5)  Mental institution;

(6)  Rehabilitation center;

(7)  Health maintenance organization;

(8)  Psychiatric center;

(9)  Mental retardation center;

(10)  Penal institution; or

(11)  Any other organization whose primary purpose isto provide a physical environment for patients to obtain health care servicesor at-home care services, except those places where physicians, dentists,veterinarians, osteopaths, podiatrists, or other prescribers who are dulylicensed, engage in private practice.

"Needy person" means any naturalperson who lacks the means to obtain adequate or proper pharmaceuticals orhealth care supplies, as determined by a practitioner at a Hawaii qualifiedhealth center, established under section 346-41.5, to be in need of service.

"Pharmaceutical company" [Repealedon July 1, 2010.  L 2004, c 190, §11.] means any company that manufacturespharmaceuticals and health care supplies.

"Pharmaceuticals and health caresupplies" means any medicine (prescription or nonprescription, excludingall controlled substances listed in chapter 329) or health care supplies suchas soap, personal sanitary products, baby formula, dietary supplement, healthcare aids such as thermometers, surgical gloves, or bandages, or any other itemwhich is customarily fit for human consumption or external use, before theexpiration date stamped on the product, if any.

"Pharmacy" [Repealed on July 1,2010.  L 2004, c 190, §11.] has the same meaning as provided in section 461-1.

"Prescription drug" [Repealed on July1, 2010.  L 2004, c 190, §11.] means:

(1)  Any drug required by federal or state statutes,regulations, or rules to be dispensed only upon prescription, includingfinished dosage forms and active ingredients subject to section 328-16 orsection 503(b) of the Federal Food, Drug, and Cosmetic Act; or

(2)  Any drug product compounded or prepared pursuantto the order of a practitioner, as defined in section 461-1.

"Repository" [Repealed on July 1,2010.  L 2004, c 190, §11.] means:

(1)  A charitable, religious, or nonprofitorganization as defined in section 328C-1, licensed as a wholesale prescriptiondrug distributor pursuant to section 461-8.6; or

(2)  A foreign medical aid mission group thatdistributes pharmaceuticals and health care supplies to needy persons abroad.[L 1997, c 337, pt of §2; am L 2001, c 207, §1; am L 2004, c 190, §4]