§ 21-2A-01. Definitions

   (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Board. -- "Board" means the Advisory Board on Prescription Drug Monitoring.

(c) Dispense. --

   (1) "Dispense" has the meaning stated in § 12-101 of the Health Occupations Article.

   (2) "Dispense" does not include:

      (i) Directly administering a monitored prescription drug to a patient; or

      (ii) Giving out prescription drug samples.

(d) Dispenser. --

   (1) "Dispenser" means a person authorized by law to dispense a monitored prescription drug to a patient or the patient's agent in the State.

   (2) "Dispenser" includes a nonresident pharmacy.

   (3) "Dispenser" does not include:

      (i) A licensed hospital pharmacy that only dispenses a monitored prescription drug for direct administration to an inpatient of the hospital;

      (ii) An opioid maintenance program;

      (iii) A veterinarian licensed under Title 2, Subtitle 3 of the Agriculture Article when prescribing controlled substances for animals in the usual course of providing professional services;

      (iv) A pharmacy issued a waiver permit under COMAR 10.34.17.03 that provides pharmaceutical specialty services exclusively to persons living in assisted living facilities, comprehensive care facilities, and developmental disabilities facilities; and

      (v) A pharmacy that:

         1. Dispenses medications to an inpatient hospice; and

         2. Has been granted a waiver under § 21-2A-03(f) of this subtitle.

(e) Licensing entity. -- "Licensing entity" means an entity authorized under the Health Occupations Article to license, regulate, or discipline a prescriber or dispenser.

(f) Monitored prescription drug. -- "Monitored prescription drug" means a prescription drug that contains a Schedule II, Schedule III, Schedule IV, or Schedule V controlled dangerous substance designated under Title 5, Subtitle 4 of the Criminal Law Article.

(g) Opioid maintenance program. -- "Opioid maintenance program" means a program that:

   (1) Is certified by the State under § 8-404 of this article;

   (2) Is authorized to treat patients with opioid dependence with a medication approved by the federal Food and Drug Administration for opioid dependence;

   (3) Complies with:

      (i) The Code of Federal Regulations 42, Part 8;

      (ii) COMAR 10.47.02.11; and

      (iii) Requirements for the secure storage and accounting of opioid medication imposed by the federal Drug Enforcement Administration and the State Division of Drug Control; and

   (4) Has been granted a certification for operation by the Department, the federal Substance Abuse and Mental Health Services Administration, and the federal Center for Substance Abuse Treatment.

(h) Prescriber. -- "Prescriber" means a licensed health care professional authorized by law to prescribe a monitored prescription drug.

(i) Prescription drug. -- "Prescription drug" has the meaning stated in § 21-201 of this title.

(j) Prescription monitoring data. -- "Prescription monitoring data" means the information submitted to the Program for a monitored prescription drug.

(k) Program. -- "Program" means the Prescription Drug Monitoring Program established under this subtitle.

HISTORY: 2011, ch. 166, § 2; 2013, ch. 43.