N.J. Admin. Code § 13:35-7.1

Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:35-7.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Actual acquisition cost" means the cost actually incurred by the practitioner in acquiring a drug from a supplier and shall not include any amounts charged by any entity in which the practitioner has a direct or indirect financial or other beneficial interest.

"Administer" means the physical, in-person provision of a drug by way of injection, vaccine, allergenic extract or nebulized preparation or the provision of multiple dose vials of injectable medications.

"Amphetamine or sympathomimetic amine" means a drug which, chemically and pharmacologically, acts as a central nervous system stimulant.

"Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogen, progestin and corticosteroids), which promotes muscle growth, as well as any salt, ester, or isomer of such substance which acts in a similar manner in the human body.

"Controlled substance" means a drug classified in any of the schedules (I through V) of the Controlled Dangerous Substances Act, N.J.S.A. 24:21-5 to N.J.S.A. 24:21-8.1, recognized to have a potential for abuse or to lead to physical or psychological dependence.

"Dispensing" means the distribution of drugs intended by the physician for the personal use of the patient. "Dispensing" as used in this subchapter does not include the in-office administration of injections, vaccines, allergenic extracts or nebulized preparations or the provision of multiple dose vials of injectable medication.

"Drug" means any article recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to those sources, including, but not limited to, a controlled substance, a prescription legend drug, an over-the-counter preparation, a vitamin or food supplement, or any compounded combination of any of the above or a transdermal patch or strip, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or medical condition in humans or intended to affect the structure or function of the human body. The term, as used in this subchapter, is synonymous with "medicine" as used in N.J.S.A. 45:9-22.11. "Drug," as used in this subchapter, does not mean a device or durable medical equipment.

"Intractable pain" means pain which has been shown to be refractory or resistant to management with standard methods of treatment or for which insufficient relief has been found after reasonable efforts.

"Narcotic" means an analgesic drug which chemically and pharmacologically acts as an opioid.

"Non-prescription substance" means an over-the-counter preparation, a vitamin or food supplement, or any compounded combination of any of these preparations and supplements or a transdermal patch or strip for which no prescription is required pursuant to law.

"Practitioner" means any licensee subject to the regulatory authority of the Board authorized to prescribe or dispense drugs, including physicians, podiatrists and, to the extent permitted by law and rule, registered residents, resident permit holders, physician assistants and certified nurse midwives.

"Prescribing" means the act of directing that a patient take a drug included in prescription legend through either a written or verbal order.

"Terminal illness" means a diagnosed medical condition with a prognosis of less than one year.

N.J. Admin. Code § 13:35-7.1

Petition for Rulemaking.
See: 30 N.J.R. 1643(a), 31 N.J.R. 2658(b).
Amended by R.2000 d.400, effective 10/2/2000.
See: 31 N.J.R. 2454(a), 32 N.J.R. 3576(a).
In definition of "Drug", substituted "medicine" for "medication"; and inserted definition for "Non-prescription substance".