State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-85_3

§ 90‑85.3.  Definitions.

(a)        "Administer" means the direct application of adrug to the body of a patient by injection, inhalation, ingestion or othermeans.

(b)        "Board" means the North Carolina Board ofPharmacy.

(b1)      "Clinical pharmacist practitioner" means a licensedpharmacist who meets the guidelines and criteria for such title established bythe joint subcommittee of the North Carolina Medical Board and the NorthCarolina Board of Pharmacy and is authorized to enter into drug therapymanagement agreements with physicians in accordance with the provisions of G.S.90‑18.4.

(c)        "Compounding" means taking two or more ingredientsand combining them into a dosage form of a drug, exclusive of compounding by adrug manufacturer, distributor, or packer.

(d)        "Deliver" means the actual, constructive orattempted transfer of a drug, a device, or medical equipment from one person toanother.

(e)        "Device" means an instrument, apparatus,implement, machine, contrivance, implant, in vitro reagent or other similar orrelated article including any component part or accessory, whose label orlabeling bears the statement "Caution: federal law requires dispensing byor on the order of a physician." The term does not include:

(1)        Devices used in the normal course of treating patients byhealth care facilities and agencies licensed under Chapter 131E or Article 2 ofChapter 122C of the General Statutes;

(2)        Devices used or provided in the treatment of patients bymedical doctors, dentists, physical therapists, occupational therapists, speechpathologists, optometrists, chiropractors, podiatrists, and nurses licensedunder Chapter 90 of the General Statutes, provided they do not dispense devicesused to administer or dispense drugs.

(f)         "Dispense" means preparing and packaging a prescriptiondrug or device in a container and labeling the container with informationrequired by State and federal law. Filling or refilling drug containers withprescription drugs for subsequent use by a patient is "dispensing".Providing quantities of unit dose prescription drugs for subsequentadministration is "dispensing".

(g)        "Drug" means:

(1)        Any article recognized as a drug in the United StatesPharmacopeia, or in any other drug compendium or any supplement thereto, or anarticle recognized as a drug by the United States Food and Drug Administration;

(2)        Any article, other than food or devices, intended for use inthe diagnosis, cure, mitigation, treatment or prevention of disease in man orother animals;

(3)        Any article, other than food or devices, intended to affectthe structure or any function of the body of man or other animals; and

(4)        Any article intended for use as a component of any articlesspecified in clause (1), (2) or (3) of this subsection.

(h)        "Emancipated minor" means any person under the ageof 18 who is or has been married or who is or has been a parent; or whoseparents or guardians have surrendered their rights to the minor's services andearnings as well as their right to custody and control of the minor's person;or who has been emancipated by an appropriate court order.

(i)         "Health care provider" means any licensed healthcare professional; any agent or employee of any health care institution, healthcare insurer, health care professional school; or a member of any allied healthprofession.

(j)         "Label" means a display of written, printed orgraphic matter upon the immediate or outside container of any drug.

(k)        "Labeling" means preparing and affixing a label toany drug container, exclusive of labeling by a manufacturer, packer ordistributor of a nonprescription drug or a commercially packaged prescriptiondrug or device.

(l)         "License" means a license to practice pharmacyincluding a renewal license issued by the Board.

(l 1)      "Medical equipment" means any of the followingitems that are intended for use by the consumer in the consumer's place ofresidence:

(1)        A device.

(2)        Ambulation assistance equipment.

(3)        Mobility equipment.

(4)        Rehabilitation seating.

(5)        Oxygen and respiratory care equipment.

(6)        Rehabilitation environmental control equipment.

(7)        Diagnostic equipment.

(8)        A bed prescribed by a physician to treat or alleviate amedical condition.

The term "medical equipment" does notinclude (i) medical equipment used or dispensed in the normal course oftreating patients by or on behalf of home care agencies, hospitals, and nursingfacilities licensed under Chapter 131E of the General Statutes or hospitals oragencies licensed under Article 2 of Chapter 122C of the General Statutes; (ii)medical equipment used or dispensed by professionals licensed under Chapters 90or 93D of the General Statutes, provided the professional is practicing withinthe scope of that professional's practice act; (iii) upper and lower extremityprosthetics and related orthotics; or (iv) canes, crutches, walkers, andbathtub grab bars.

(l 2)      "Mobile pharmacy" means a pharmacy that meets allof the following conditions:

(1)        Is either self‑propelled or moveable by anothervehicle that is self‑propelled.

(2)        Is operated by a nonprofit corporation.

(3)        Dispenses prescription drugs at no charge or at a reducedcharge to persons whose family income is less than two hundred percent (200%)of the federal poverty level and who do not receive reimbursement for the costof the dispensed prescription drugs from Medicare, Medicaid, a privateinsurance company, or a governmental unit.

(m)       "Permit" means a permit to operate a pharmacy,deliver medical equipment, or dispense devices, including a renewal licenseissued by the Board.

(n)        "Person" means an individual, corporation,partnership, association, unit of government, or other legal entity.

(o)        "Person in loco parentis" means the person who hasassumed parental responsibilities for a child.

(p)        "Pharmacist" means a person licensed under thisArticle to practice pharmacy.

(q)        "Pharmacy" means any place where prescriptiondrugs are dispensed or compounded.

(q1)      "Pharmacy personnel" means pharmacists and pharmacytechnicians.

(q2)      "Pharmacy technician" means a person who may, underthe supervision of a pharmacist, perform technical functions to assist thepharmacist in preparing and dispensing prescription medications.

(r)        "Practice of pharmacy" means the responsibilityfor: interpreting and evaluating drug orders, including prescription orders;compounding, dispensing and labeling prescription drugs and devices; properlyand safely storing drugs and devices; maintaining proper records; andcontrolling pharmacy goods and services. A pharmacist may advise and educatepatients and health care providers concerning therapeutic values, content, usesand significant problems of drugs and devices; assess, record and reportadverse drug and device reactions; take and record patient histories relatingto drug and device therapy; monitor, record and report drug therapy and device usage;perform drug utilization reviews; and participate in drug and drug sourceselection and device and device source selection as provided in G.S. 90‑85.27through G.S. 90‑85.31. A pharmacist who has received special training maybe authorized and permitted to administer drugs pursuant to a specificprescription order in accordance with rules adopted by each of the Boards ofPharmacy, the Board of Nursing, and the North Carolina Medical Board. The rulesshall be designed to ensure the safety and health of the patients for whom suchdrugs are administered. An approved clinical pharmacist practitioner maycollaborate with physicians in determining the appropriate health care for apatient, subject to the provisions of G.S. 90‑18.4.

(s)        "Prescription drug" means a drug that underfederal law is required, prior to being dispensed or delivered, to be labeledwith the following statement:

"Caution: Federal law prohibits dispensing withoutprescription."

(t)         "Prescription order" means a written or verbalorder for a prescription drug, prescription device, or pharmaceutical servicefrom a person authorized by law to prescribe such drug, device, or service. Aprescription order includes an order entered in a chart or other medical recordof a patient.

(u)        "Unit dose medication system" means a system inwhich each dose of medication is individually packaged in a properly sealed andproperly labeled container. (1981 (Reg. Sess.,1982), c. 1188, s. 1; 1983, c. 196, ss. 1‑3; 1991, c. 578, s. 1; 1993(Reg. Sess., 1994), c. 692, s. 2; 1995, c. 94, s. 24; 1999‑246, s. 1;1999‑290, ss. 4, 5; 2001‑375, s. 1; 2002‑159, s. 37.)