218A.010 Definitions for chapter.
As used in this chapter: <br>(1) "Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or <br>research subject by: <br>(a) A practitioner or by his authorized agent under his immediate supervision and
pursuant to his order; or
(b) The patient or research subject at the direction and in the presence of the
practitioner;
(2) "Anabolic steroid" means any drug or hormonal substance chemically and
pharmacologically related to testosterone that promotes muscle growth and includes <br>those substances listed in KRS 218A.090(5) but does not include estrogens, <br>progestins, and anticosteroids;
(3) "Cabinet" means the Cabinet for Health and Family Services; <br>(4) "Child" means any person under the age of majority as specified in KRS 2.015; <br>(5) "Controlled substance" means methamphetamine, or a drug, substance, or
immediate precursor in Schedules I through V and includes a controlled substance <br>analogue;
(6) (a) "Controlled substance analogue," except as provided in subparagraph (b) of
this subsection, means a substance: <br>1.
The chemical structure of which is substantially similar to the structure <br>of a controlled substance in Schedule I or II; and
2.
Which has a stimulant, depressant, or hallucinogenic effect on the <br>central nervous system that is substantially similar to or greater than the <br>stimulant, depressant, or hallucinogenic effect on the central nervous <br>system of a controlled substance in Schedule I or II; or
3.
With respect to a particular person, which such person represents or <br>intends to have a stimulant, depressant, or hallucinogenic effect on the <br>central nervous system that is substantially similar to or greater than the <br>stimulant, depressant, or hallucinogenic effect on the central nervous <br>system of a controlled substance in Schedule I or II.
(b) Such term does not include:
1.
Any substance for which there is an approved new drug application;
2.
With respect to a particular person, any substance if an exemption is in <br>effect for investigational use for that person pursuant to federal law to <br>the extent conduct with respect to such substance is pursuant to such <br>exemption; or
3.
Any substance to the extent not intended for human consumption before <br>the exemption described in subparagraph 2. of this paragraph takes <br>effect with respect to that substance;
(7) "Counterfeit substance" means a controlled substance which, or the container or
labeling of which, without authorization, bears the trademark, trade name, or other <br>identifying mark, imprint, number, or device, or any likeness thereof, of a <br>manufacturer, distributor, or dispenser other than the person who in fact <br>manufactured, distributed, or dispensed the substance;
(8) "Dispense" means to deliver a controlled substance to an ultimate user or research
subject by or pursuant to the lawful order of a practitioner, including the packaging, <br>labeling, or compounding necessary to prepare the substance for that delivery;
(9) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V
controlled substance to or for the use of an ultimate user;
(10) "Distribute" means to deliver other than by administering or dispensing a controlled
substance;
(11) "Drug" means:
(a) Substances recognized as drugs in the official United States Pharmacopoeia,
official Homeopathic Pharmacopoeia of the United States, or official National <br>Formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, care, mitigation, treatment, or
prevention of disease in man or animals;
(c) Substances (other than food) intended to affect the structure or any function of
the body of man or animals; and
(d) Substances intended for use as a component of any article specified in this
subsection.
It does not include devices or their components, parts, or accessories;
(12) "Good faith prior examination," as used in KRS Chapter 218A and for criminal
prosecution only, means an in-person medical examination of the patient conducted <br>by the prescribing practitioner or other health-care professional routinely relied <br>upon in the ordinary course of his or her practice, at which time the patient is <br>physically examined and a medical history of the patient is obtained. "In-person" <br>includes telehealth examinations. This subsection shall not be applicable to hospice <br>providers licensed pursuant to KRS Chapter 216B;
(13) "Hazardous chemical substance" includes any chemical substance used or intended
for use in the illegal manufacture of a controlled substance as defined in this section <br>or the illegal manufacture of methamphetamine as defined in KRS 218A.1431, <br>which: <br>(a) Poses an explosion hazard; <br>(b) Poses a fire hazard; or <br>(c) Is poisonous or injurious if handled, swallowed, or inhaled;
(14) "Immediate precursor" means a substance which is the principal compound
commonly used or produced primarily for use, and which is an immediate chemical <br>intermediary used or likely to be used in the manufacture of a controlled substance <br>or methamphetamine, the control of which is necessary to prevent, curtail, or limit <br>manufacture;
(15) "Intent to manufacture" means any evidence which demonstrates a person's
conscious objective to manufacture a controlled substance or methamphetamine. <br>Such evidence includes but is not limited to statements and a chemical substance's <br>usage, quantity, manner of storage, or proximity to other chemical substances or <br>equipment used to manufacture a controlled substance or methamphetamine;
(16) "Isomer" means the optical isomer, except as used in KRS 218A.050(3) and
218A.070(1)(d). As used in KRS 218A.050(3), the term "isomer" means the optical, <br>positional, or geometric isomer. As used in KRS 218A.070(1)(d), the term "isomer" <br>means the optical or geometric isomer;
(17) "Manufacture," except as provided in KRS 218A.1431, means the production,
preparation, propagation, compounding, conversion, or processing of a controlled <br>substance, either directly or indirectly by extraction from substances of natural <br>origin or independently by means of chemical synthesis, or by a combination of <br>extraction and chemical synthesis, and includes any packaging or repackaging of the <br>substance or labeling or relabeling of its container except that this term does not <br>include activities: <br>(a) By a practitioner as an incident to his administering or dispensing of a
controlled substance in the course of his professional practice;
(b) By a practitioner, or by his authorized agent under his supervision, for the
purpose of, or as an incident to, research, teaching, or chemical analysis and <br>not for sale; or
(c) By a pharmacist as an incident to his dispensing of a controlled substance in
the course of his professional practice;
(18) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not; the
seeds thereof; the resin extracted from any part of the plant; and every compound, <br>manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin <br>or any compound, mixture, or preparation which contains any quantity of these <br>substances;
(19) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only,
means an accounting of a patient's medical background, including but not limited to <br>prior medical conditions, prescriptions, and family background;
(20) "Medical order," as used in KRS Chapter 218A and for criminal prosecution only,
means a lawful order of a specifically identified practitioner for a specifically <br>identified patient for the patient's health-care needs. "Medical order" may or may <br>not include a prescription drug order;
(21) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only,
means a record, other than for financial or billing purposes, relating to a patient, <br>kept by a practitioner as a result of the practitioner-patient relationship;
(22) "Methamphetamine" means any substance that contains any quantity of
methamphetamine, or any of its salts, isomers, or salts of isomers;
(23) "Narcotic drug" means any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means of <br>chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium and opiate, and any salt, compound, derivative, or preparation of
opium or opiate;
(b) Any salt, compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred to in <br>paragraph (a) of this subsection, but not including the isoquinoline alkaloids <br>of opium;
(c) Opium poppy and poppy straw; <br>(d) Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been <br>removed;
(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers; <br>(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and <br>(g) Any compound, mixture, or preparation which contains any quantity of any of
the substances referred to in paragraphs (a) to (f) of this subsection;
(24) "Opiate" means any substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a drug having <br>addiction-forming or addiction-sustaining liability. It does not include, unless <br>specifically designated as controlled under KRS 218A.030, the dextrorotatory <br>isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does <br>include its racemic and levorotatory forms;
(25) "Opium poppy" means the plant of the species papaver somniferum L., except its
seeds;
(26) "Person" means individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or association, or any other legal <br>entity;
(27) "Physical injury" has the same meaning it has in KRS 500.080; <br>(28) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing; <br>(29) "Pharmacist" means a natural person licensed by this state to engage in the practice
of the profession of pharmacy;
(30) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific
investigator, optometrist as authorized in KRS 320.240, advanced practice <br>registered nurse as authorized under KRS 314.011, or other person licensed, <br>registered, or otherwise permitted by state or federal law to acquire, distribute, <br>dispense, conduct research with respect to, or to administer a controlled substance <br>in the course of professional practice or research in this state. "Practitioner" also <br>includes a physician, dentist, podiatrist, veterinarian, or advanced practice registered <br>nurse authorized under KRS 314.011 who is a resident of and actively practicing in <br>a state other than Kentucky and who is licensed and has prescriptive authority for <br>controlled substances under the professional licensing laws of another state, unless <br>the person's Kentucky license has been revoked, suspended, restricted, or probated, <br>in which case the terms of the Kentucky license shall prevail;
(31) "Practitioner-patient relationship," as used in KRS Chapter 218A and for criminal
prosecution only, means a medical relationship that exists between a patient and a <br>practitioner or the practitioner's designee, after the practitioner or his designee has <br>conducted at least one (1) good faith prior examination;
(32) "Prescription" means a written, electronic, or oral order for a drug or medicine, or
combination or mixture of drugs or medicines, or proprietary preparation, signed or <br>given or authorized by a medical, dental, chiropody, veterinarian, optometric <br>practitioner, or advanced practice registered nurse, and intended for use in the <br>diagnosis, cure, mitigation, treatment, or prevention of disease in man or other <br>animals;
(33) "Prescription blank," with reference to a controlled substance, means a document
that meets the requirements of KRS 218A.204 and 217.216;
(34) "Production" includes the manufacture, planting, cultivation, growing, or harvesting
of a controlled substance;
(35) "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the plant
presently classified botanically as Salvia divinorum, whether growing or not, the <br>seeds thereof, any extract from any part of that plant, and every compound, <br>manufacture, derivative, mixture, or preparation of that plant, its seeds, or its <br>extracts, including salts, isomers, and salts of isomers whenever the existence of <br>such salts, isomers, and salts of isomers is possible within the specific chemical <br>designation of that plant, its seeds, or extracts. The term shall not include any other <br>species in the genus salvia;
(36) "Second or subsequent offense" means that for the purposes of this chapter an
offense is considered as a second or subsequent offense, if, prior to his conviction of <br>the offense, the offender has at any time been convicted under this chapter, or under <br>any statute of the United States, or of any state relating to substances classified as <br>controlled substances or counterfeit substances, except that a prior conviction for a <br>nontrafficking offense shall be treated as a prior offense only when the subsequent <br>offense is a nontrafficking offense. For the purposes of this section, a conviction <br>voided under KRS 218A.275 or 218A.276 shall not constitute a conviction under <br>this chapter;
(37) "Sell" means to dispose of a controlled substance to another person for
consideration or in furtherance of commercial distribution;
(38) "Serious physical injury" has the same meaning it has in KRS 500.080; <br>(39) "Synthetic cannabinoid agonists or piperazines" means any chemical compound that
contains Benzylpiperazine; Trifluoromethylphenylpiperazine; 1,1-Dimethylheptyl-<br>11-hydroxytetrahydrocannabinol; 1-Butyl-3-(1-naphthoyl)indole; 1-Pentyl-3-(1-<br>naphthoyl)indole;
dexanabinol;
or
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-
methyloctan-2-yl)phenol). The term shall not include synthetic cannabinoids that <br>require a prescription, are approved by the United States Food and Drug <br>Administration, and are dispensed in accordance with state and federal law;
(40) "Telehealth" has the same meaning it has in KRS 311.550;
(41) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained in
the plant, or in the resinous extractives of the plant Cannabis, sp. or synthetic <br>substances, derivatives, and their isomers with similar chemical structure and <br>pharmacological activity such as the following:
1.
Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers;
2.
Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and
3.
Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers;
(42) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute,
dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, <br>or sell a controlled substance;
(43) "Transfer" means to dispose of a controlled substance to another person without
consideration and not in furtherance of commercial distribution; and
(44) "Ultimate user" means a person who lawfully possesses a controlled substance for
his own use or for the use of a member of his household or for administering to an <br>animal owned by him or by a member of his household.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 85, sec. 42, effective July 15, 2010; ch. 149,
sec. 4, effective April 13, 2010; and ch. 160, sec. 4, effective April 26, 2010. -- <br>Amended 2009 Ky. Acts ch. 12, sec. 48, effective June 25, 2009. -- Amended 2007 <br>Ky. Acts ch. 124, sec. 1, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 5, <br>sec. 4, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 150, sec. 7, effective <br>June 20, 2005; and ch. 99, sec. 527, effective June 20, 2005 -- Amended 2003 Ky. <br>Acts ch. 51, sec. 3, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 301, <br>sec. 12, effective July 15, 1998; and ch. 606, sec. 62, effective July 15, 1998. -- <br>Amended 1996 Ky. Acts ch. 376, sec. 3, effective July 15, 1996. -- Amended 1994 <br>Ky. Acts ch. 412, sec. 2, effective July 15, 1994. Amended 1992 Ky. Acts ch. 441, <br>sec. 1, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 225, sec. 5. -- Created <br>1972 Ky. Acts ch. 226, sec. 2.
Legislative Research Commission Note (7/15/2010). This section was amended by
2010 Ky. Acts chs. 85, 149, and 160, which do not appear to be in conflict and have <br>been codified together.
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