2005 Idaho Code - 54-1705 — DEFINITIONS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 17
                                 PHARMACISTS
    54-1705.  DEFINITIONS. In this chapter:
    (1)  "Board of pharmacy" or "board" means the Idaho state board of
pharmacy.
    (2)  "Counseling or counsel" means the effective communication by the
pharmacist of information as set out in this chapter, to the patient or
caregiver, in order to improve therapeutic outcomes by maximizing proper use
of prescription medications and devices. Specific areas of counseling shall
include, but are not limited to:
    (a)  Name and strength and description of the medication;
    (b)  Route of administration, dosage, dosage form, continuity of therapy
    and refill information;
    (c)  Special directions and precautions for preparation, administration,
    storage and use by the patient as deemed necessary by the pharmacist;
    (d)  Side effects or adverse effects and interactions and therapeutic
    contraindications that may be encountered, including their avoidance,
    which may interfere with the proper use of the medication or device as was
    intended by the prescriber, and the action required if they occur;
    (e)  Techniques for self-monitoring drug therapy; and
    (f)  Action to be taken in the event of a missed dose.
    (3)  "Deliver" or "delivery" means the actual, constructive or attempted
transfer of a drug or device from one (1) person to another, whether or not
for a consideration.
    (4)  "Device" means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent or other similar related article
including any component part or accessory which is:
    (a)  Recognized in the official United States Pharmacopoeia or official
    National Formulary, other drug compendia or any supplement to them;
    (b)  Intended for use in the diagnosis of disease or other conditions, or
    the cure, mitigation, treatment or prevention of disease in man or other
    animal;
    (c)  Intended to effect the structure or any function of the body of man
    or other animal, and which does not achieve any of its principal intended
    purposes through chemical action within or on the body of man or other
    animal, and which is not dependent upon being metabolized for the
    achievement of any of its principal intended purposes.
    (5)  "Dispense" or "dispensing" means the preparation and delivery of a
prescription drug pursuant to a lawful order of a practitioner in a suitable
container appropriately labeled for subsequent administration to or use by a
patient or other individual entitled to receive the prescription drug.
    (6)  "Distribute" means the delivery of a drug other than by administering
or dispensing.
    (7)  "Drug" means:
    (a)  Articles recognized as drugs in the official United States
    Pharmacopoeia, official National Formulary, official Homeopathic
    Pharmacopoeia, other drug compendia or any supplement to any of them;
    (b)  Articles intended for use in the diagnosis, cure, mitigation,
    treatment or prevention of disease in man or other animal;
    (c)  Articles, other than food, intended to affect the structure or any
    function of the body of man or other animals; and
    (d)  Articles intended for use as a component of any articles specified in
    paragraph (a), (b) or (c) of this subsection.
    (8)  "Drug order" means a written order, in a hospital or other health
care institution, for an ultimate user of any drug or device issued and signed
by a practitioner, or an order transmitted by other means of communication
from a practitioner, which is immediately reduced to writing by a pharmacist,
registered nurse or other licensed health care practitioner authorized by the
hospital or institution. The order shall contain the name and bed number of
the patient, the name and strength or size of the drug or device, unless
specified by individual institution policy or guideline, the amount to be
dispensed, either in quantity or days, adequate directions for the proper use
of the drug or device when it is administered to the patient, and the name of
the prescriber.
    (9)  "Drug outlet" means all pharmacies, nursing homes, residential or
assisted living facilities, convalescent homes, extended care facilities, drug
abuse treatment centers, penal institutions, hospitals, family planning
clinics, retail stores, wholesalers, manufacturers and mail order vendors with
facilities located in this state which are engaged in dispensing, delivery or
distribution of drugs and drug manufacturers and wholesalers with facilities
located outside the state, but doing business within this state.
    (10) "Extern" means a bona fide student enrolled in an approved college of
pharmacy who has not received his first professional degree in pharmacy.
    (11) "Externship" means a structured practical experience program in
pharmacy, approved by the board and administered by a college of pharmacy.
    (12) "Health care facility" means a health care facility as defined in
section 54-1601, Idaho Code.
    (13) "Intern" means any person who has completed a course of study at an
approved college of pharmacy, received the first professional degree in
pharmacy and is registered with the board as an intern. Interns must register
with the board prior to commencement of an internship program.
    (14) "Internship" means a postgraduate practical experience program under
the supervision of a preceptor at a preceptor site.
    (15) "Investigational or new drug" means any drug which is limited by
state or federal law to use under professional supervision of a practitioner
authorized by law to prescribe or administer such drug.
    (16) "Labeling" means the process of preparing and affixing of a label to
any drug container, exclusive however, of the labeling by a manufacturer,
packer or distributor of a nonprescription drug or commercially packaged
legend drug or device. Any such label shall include all information required
by federal and state law or regulation.
    (17) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of a device or a drug, either directly
or indirectly by extraction from substances of natural origin or independently
by means of chemical synthesis or by a combination of extraction and chemical
synthesis and includes any packaging or repackaging of the substance or
labeling or relabeling of its container, except that this term does not
include the preparation or compounding of a drug by an individual for his own
use or the preparation, compounding, packaging or labeling of a drug:
    (a)  By a pharmacist or practitioner as an incident to his administering
    or dispensing of a drug in the course of his professional practice; or
    (b)  By a practitioner or by his authorization under his supervision for
    the purpose of or as an incident to research, teaching or chemical
    analysis and not for sale.
    (18) "Manufacturer" means a person who by compounding, cultivating,
harvesting, mixing or other process, produces or prepares legend drugs, and
includes persons who prepare such drugs in dosage forms by mixing,
compounding, encapsulating, entableting, or other process, or who packages or
repackages such drugs, but does not include pharmacists or practitioners in
the practice of their profession.
    (19) "Nonprescription drugs" means medicines or drugs which may be sold
without a prescription and which are prepackaged for use by the consumer and
labeled in accordance with the requirements of the statutes and regulations of
this state and the federal government.
    (20) "Person" means an individual, corporation, partnership, association
or any other legal entity.
    (21) "Pharmaceutical care" means drug therapy and other pharmaceutical
patient care services intended to achieve outcomes related to the cure or
prevention of a disease, elimination or reduction of a patient's symptoms, or
arresting or slowing of a disease process as defined in the rules of the
board.
    (22) "Pharmacist" means an individual licensed by this state to engage in
the practice of pharmacy.
    (23) "Pharmacy" means any facility, department or other place where
prescriptions are filled or compounded and are sold, dispensed, offered or
displayed for sale, which has, as its principal purpose, the dispensing of
drug and health supplies intended for the general health, welfare and safety
of the public.
    (24) "Practitioner" shall mean a physician, dentist, veterinarian,
scientific investigator or other person (other than a pharmacist) licensed in
this state and permitted by such license to dispense, conduct research with
respect to or administer drugs in the course of professional practice or
research in this state.
    (25) "Precursor" means a substance, other than a legend drug which is an
immediate chemical intermediate that can be processed or synthesized into a
legend drug, and is used or produced primarily for use in the manufacture of a
legend drug by persons other than persons licensed to manufacture such legend
drugs by the Idaho board of pharmacy, registered by the state board of health
and welfare, or licensed to practice pharmacy by the Idaho board of pharmacy.
    (26) "Preceptor" means a pharmacist licensed in the state and in good
standing, who supervises the internship training of a registered intern. The
preceptor shall be actively engaged in the practice of pharmacy on a full-time
employment basis at a registered preceptor site.
    (27) "Preceptor site" means any training site for pharmacy interns and
externs registered with the board pursuant to board rule.
    (28) "Prescription drug or legend drug" means a drug which, under federal
law is required, prior to being dispensed or delivered, to be labeled with one
(1) of the following statements:
    (a)  "Caution: Federal law prohibits dispensing without a prescription";
    or
    (b)  "Rx Only"; or
    (c)  "Caution: Federal law restricts this drug to use by or on the order
    of a licensed veterinarian";
or a drug which is required by any applicable federal or state law or
regulation to be dispensed on prescription only or is restricted to use by
practitioners only.
    (29) "Prescription drug order" means a lawful written or verbal order of a
practitioner for a drug or device for an ultimate user of the drug or device,
issued and signed by a practitioner, or an order transmitted verbally from a
practitioner or the practitioner's agent to a pharmacist in a pharmacy, or
transmitted verbally from a practitioner and immediately reduced to writing by
a licensed practical nurse or licensed professional nurse in a health care
facility for a patient or resident of such facility.
    (30) "Prospective drug review" includes, but is not limited to, the
following activities:
    (a)  Evaluation of the prescription or medication order for:
         (i)   Known allergies;
         (ii)  Rational therapy contraindications;
         (iii) Reasonable dose and route of administration; and
         (iv)  Reasonable directions for use.
    (b)  Evaluation of the prescription or medication order for duplication of
    therapy.
    (c)  Evaluation of the prescription or medication order for interactions:
         (i)   Drug-drug;
         (ii)  Drug-food; and
         (iii) Drug-disease.
    (d)  Evaluation of the prescription or medication order for proper
    utilization:
         (i)   Over or under utilization; and
         (ii)  Abuse/misuse.
    (31) "Record" means all papers, letters, memoranda, notes, prescriptions,
drug orders, invoices, statements, patient medication charts or files,
computerized records or other written indicia, documents or objects which are
used in any way in connection with the purchase, sale or handling of any drug
or device.
    (32) "Sale" means every sale and includes:
    (a)  Manufacturing, processing, transporting, handling, packaging or any
    other production, preparation or repackaging;
    (b)  Exposure, offer, or any other proffer;
    (c)  Holding, storing or any other possession;
    (d)  Dispensing, giving, delivering or any other supplying; and
    (e)  Applying, administering or any other usage.
    (33) "Warehouseman" means a person who stores legend drugs for others and
who has no control over the disposition of such drugs except for the purpose
of such storage.
    (34) "Wholesaler" means a person engaged in the business of distributing
legend drugs that he himself has not produced or prepared, to persons included
in any of the classes named in subsection (2)(a) through (f) of section
54-1734, Idaho Code.