Arizona Laws 32-1981. Definitions
In this article, unless the context otherwise requires:
Terms Used In Arizona Laws 32-1981
- Chain pharmacy warehouse: means a physical location for prescription-only drugs that acts as a central warehouse and that performs intracompany sales or transfers of the prescription-only drugs to a group of pharmacies that are under common ownership or control. See Arizona Laws 32-1981
- delivery: means the actual, constructive or attempted transfer from one person to another whether or not there is an agency relationship. See Arizona Laws 32-1901
- Distribute: means to deliver, other than by administering or dispensing. See Arizona Laws 32-1901
- Distributor: means a person who distributes. See Arizona Laws 32-1901
- Drug: means :
(a) Articles that are recognized, or for which standards or specifications are prescribed, in the official compendium. See Arizona Laws 32-1901
- emergency medical reasons: includes transferring a prescription drug by a community pharmacy or hospital pharmacy to another community pharmacy or hospital pharmacy to alleviate a temporary shortage. See Arizona Laws 32-1981
- Hospital: means any institution for the care and treatment of the sick and injured that is approved and licensed as a hospital by the department of health services. See Arizona Laws 32-1901
- Normal distribution channel: means the chain of custody for a prescription-only drug that begins with the delivery of the drug by a manufacturer to a wholesale distributor who then delivers the drug to a pharmacy or a practitioner for final receipt by a patient. See Arizona Laws 32-1981
- Person: means an individual, partnership, corporation and association, and their duly authorized agents. See Arizona Laws 32-1901
- Pharmacy: means :
(a) Any place where drugs, devices, poisons or related hazardous substances are offered for sale at retail or where prescription orders are dispensed by a licensed pharmacist. See Arizona Laws 32-1901
- Practitioner: means any physician, dentist, veterinarian, scientific investigator or other person who is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state, or any pharmacy, hospital or other institution that is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state. See Arizona Laws 32-1901
- Prescription: means either a prescription order or a prescription medication. See Arizona Laws 32-1901
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Wholesale distribution: means distribution of a drug to a person other than a consumer or patient. See Arizona Laws 32-1981
1. "Chain pharmacy warehouse" means a physical location for prescription-only drugs that acts as a central warehouse and that performs intracompany sales or transfers of the prescription-only drugs to a group of pharmacies that are under common ownership or control. A chain pharmacy warehouse is not limited to the distribution of prescription-only drugs under this article.
2. "Company under common ownership" has the same meaning as affiliated group as defined in 26 United States Code § 1504.
3. "Intracompany transaction" means any sale, transfer or trade between a division, subsidiary, parent or affiliated or related company under the common ownership of a person.
4. "Normal distribution channel" means the chain of custody for a prescription-only drug that begins with the delivery of the drug by a manufacturer to a wholesale distributor who then delivers the drug to a pharmacy or a practitioner for final receipt by a patient. Normal distribution channel includes the receipt of a prescription-only drug by a common carrier or other delivery service that delivers the drug at the direction of a manufacturer, full service wholesale permittee or pharmacy and that does not purchase, sell, trade or take title to any prescription-only drug.
5. "Wholesale distribution" means distribution of a drug to a person other than a consumer or patient. Wholesale distribution does not include:
(a) Any transaction or transfer between any division, subsidiary, parent or affiliated or related company under common ownership and control of a corporate entity.
(b) Selling, purchasing, distributing, transferring or trading a drug or offering to sell, purchase, distribute, transfer or trade a drug for emergency medical reasons. For the purposes of this subdivision, "emergency medical reasons" includes transferring a prescription drug by a community pharmacy or hospital pharmacy to another community pharmacy or hospital pharmacy to alleviate a temporary shortage.
(c) Drug returns if conducted by a hospital, health care entity, retail pharmacy or charitable institution in accordance with 21 C.F.R. § 203.23.
(d) The sale of prescription drugs by a pharmacy, not to exceed five percent of the pharmacy’s gross sales, to practitioners for office use.
(e) Dispensing by a retail pharmacy of prescription drugs to a patient or patient’s agent pursuant to the lawful order of a practitioner.
(f) Distributing a drug sample by a manufacturer’s representative.
(g) Selling, purchasing or trading blood or blood components intended for transfusion.