35 Pa. Stat. § 872.3

Current through Pa Acts 2024-52, 2024-56
Section 872.3 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Addiction specialist." A physician licensed by the State Board of Medicine and certified by the American Board of Addiction Medicine.

"Benzodiazepine." A psychoactive drug whose core chemical structure is the fusion of a benzene ring and a diazepine ring and works on the central nervous system, acting selectively on gamma-aminobutyric acid type a (gaba(a)) receptors in the brain.

"Board." The ABC-MAP Board established in section 4.

"Controlled substance." A drug, substance or immediate precursor included in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or the Controlled Substances Act (Public Law 91- 513, 84 Stat. 1236).

"Department." The Department of Health of the Commonwealth.

"Dispense." To deliver a controlled substance, other drug or device to a patient by or pursuant to the lawful order of a prescriber.

"Dispenser." A person lawfully authorized to dispense in this Commonwealth, including mail order and Internet sales of pharmaceuticals. The term does not include any of the following:

(1) A licensed health care facility that distributes the controlled substance for the purpose of administration in the licensed health care facility.
(2) A correctional facility or its contractors if the confined person cannot lawfully visit a prescriber outside the correctional facility without being escorted by a corrections officer.
(3) An authorized person who administers a controlled substance, other drug or device.
(4) A wholesale distributor of a controlled substance.
(5) A licensed provider in the LIFE program.
(6) A provider of hospice as defined in the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
(7) A prescriber at a licensed health care facility if the quantity of controlled substances dispensed is limited to an amount adequate to treat the patient for a maximum of five days and does not allow for a refill.
(8) A veterinarian.

"Licensed health care facility." A health care facility that is licensed under Article X of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, or the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"LIFE program." The program of medical and supportive services known as Living Independently For Elders.

"Observation status." When a patient receives onsite services from the hospital for more than 23 consecutive hours, the onsite services received by the patient include a hospital bed and meals that have been provided in an area of the hospital other than the hospital emergency room, and the patient has not been formally admitted as an inpatient at the hospital. "Opioid drug product." Any of the following:

(1) A preparation or derivative of opium.
(2) A synthetic narcotic that has opiate-like effects, but is not derived from opium.
(3) A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including opioid agonist.

"Pharmacy." As defined in the Act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act.

"Prescriber." A person who is licensed, registered or otherwise lawfully authorized to distribute, dispense or to administer a controlled substance, other drug or device in the course of professional practice or research in this Commonwealth. The term does not include a veterinarian.

"Program." The Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) established in section 6.

"System." The program's electronic prescription monitoring system with a database component.

35 P.S. § 872.3

Amended by P.L. TBD 2016 No. 124, § 1, eff. 1/1/2017.
Added by P.L. TBD 2014 No. 191, § 3, eff. 6/30/2015.