Terms Used In Minnesota Statutes > Chapter 151 > PHARMACY PRACTICE ACT

• abode: means domicile;

  (2) "action" means any proceeding in any court of this state;

  (3) "adult" means an individual 18 years of age or over;

  (4) "as now provided by law" means a reference to the laws in force at the time the law containing the phrase was finally enacted;

  (5) "as provided by law" means a reference to the laws in force at the particular time the law containing the phrase is applied;

  (6) "attorney at law" means an individual admitted to practice law by a court of record of this state;

  (7) "attorney of record" means an attorney at law who is entered on the docket or record of a court as appearing for or representing a party in a legal proceeding;

  (8) "child" or "children" includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Absent parent: means a minor child's parent who does not live in the same home as the child. See Minnesota Statutes 256J.08
• Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Agency error: means an error that results in an overpayment or underpayment to an assistance unit and is not caused by an applicant's or participant's failure to provide adequate, correct, or timely information about income, property, household composition, or other circumstances. See Minnesota Statutes 256J.08
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means a person who has submitted to a county agency an application and whose application has not been acted upon, denied, or voluntarily withdrawn. See Minnesota Statutes 256J.08
• Application: means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance. See Minnesota Statutes 256J.08
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized representative: means a person who is authorized, in writing, by an applicant or participant to act on the applicant's or participant's behalf in matters involving the application for assistance or participation in MFIP. See Minnesota Statutes 256J.08
• Basic needs: means the minimum personal requirements of subsistence and is restricted to food, clothing, shelter, utilities, and other items for which the loss, or lack of basic needs, is determined by the county agency to pose a direct, immediate threat to the physical health or safety of the applicant or participant. See Minnesota Statutes 256J.08
• Budget month: means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month. See Minnesota Statutes 256J.08
• Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
• Chambers: A judge's office.
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 256J.08
• Commissioner of education-selected high school equivalency: means the high school equivalency certification issued by the commissioner of education as an equivalent to a secondary school diploma under section 124D. See Minnesota Statutes 256J.08
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
• County board: means a board of commissioners, a local services agency as defined in chapter 393, a board established under the Joint Powers Act, section 471. See Minnesota Statutes 256J.08
• County of financial responsibility: means the county that has financial responsibility for providing public assistance as specified in chapter 256G. See Minnesota Statutes 256J.08
• court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
• custodian: means any Indian person who has legal custody of an Indian child under tribal law or custom, under state law, or to whom temporary physical care, custody, and control has been transferred by the parent of the child, as provided in section 260. See Minnesota Statutes 256J.08
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of application: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Minnesota Department of Human Services. See Minnesota Statutes 256J.08
• Dependent: A person dependent for support upon another.
• Disqualified: means being ineligible to receive MFIP due to noncooperation with program requirements. See Minnesota Statutes 256J.08
• DWP: has the meaning given in section 256J. See Minnesota Statutes 256J.08
• Earned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fair market value: means the price that an item of a particular make, model, size, material, or condition would sell for on the open market in the particular geographic area. See Minnesota Statutes 256J.08
• Family: includes :

  (1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and

  (2) a pregnant woman with no other children. See Minnesota Statutes 256J.08

• family or household member: means :

  (1) spouses and former spouses;

  (2) parents and children;

  (3) persons related by blood;

  (4) persons who are residing together or who have resided together in the past;

  (5) persons who have a child in common regardless of whether they have been married or have lived together at any time;

  (6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at anytime; and

  (7) persons involved in a current or past significant romantic or sexual relationship. See Minnesota Statutes 256J.08

• Family violence: means the following, if committed against a family or household member by a family or household member:

  (1) physical harm, bodily injury, or assault;

  (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

  (3) terroristic threats, within the meaning of section 609. See Minnesota Statutes 256J.08

• FICA: means the federal law under United States Code, title 26, subtitle C, chapter 21, subchapter A, sections 3101 to 3126, that requires withholding or direct payment from earned income. See Minnesota Statutes 256J.08
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Full-time student: means a person who is enrolled in a graded or ungraded primary, intermediate, secondary, commissioner of education-selected high school equivalency preparatory, trade, technical, vocational, or postsecondary school, and who meets the school's standard for full-time attendance. See Minnesota Statutes 256J.08
• Gross earned income: means earned income from employment before mandatory and voluntary payroll deductions. See Minnesota Statutes 256J.08
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• hearing: means the evidentiary hearing conducted by the department human services judge to resolve disputes as specified in section 256J. See Minnesota Statutes 256J.08
• Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 256J.08
• Homestead: means the home that is owned by, and is the usual residence of, the assistance unit together with the surrounding property which is not separated from the home by intervening property owned by others. See Minnesota Statutes 256J.08
• Household: means a group of persons who live together. See Minnesota Statutes 256J.08
• Income: means cash or in-kind benefit, whether earned or unearned, received by or available to an applicant or participant that is not property under section 256P. See Minnesota Statutes 256J.08
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inquiry: means a communication to a county agency through mail, telephone, or in person, by which a person or authorized representative requests information about public assistance. See Minnesota Statutes 256J.08
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal custodian: means any person who is under a legal obligation to provide care for a minor and who is in fact providing care for a minor. See Minnesota Statutes 256J.08
• Legally available: means a person's right under the law to secure, possess, dispose of, or control income or property. See Minnesota Statutes 256J.08
• LIHEAP: means the program authorized under United States Code, title 42, chapter 94, subchapter II, sections 8621 to 8629, and administered by the Minnesota Department of Commerce. See Minnesota Statutes 256J.08
• Lump sum: means nonrecurring income as described in section 256P. See Minnesota Statutes 256J.08
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Medical assistance: means the program established under chapter 256B and Title XIX of the Social Security Act. See Minnesota Statutes 256J.08
• MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
• MFIP assistance unit: means a group of mandatory or optional people receiving or applying for MFIP benefits together. See Minnesota Statutes 256J.08
• MFIP household report form: means a form prescribed by the commissioner that a participant uses to report information to a county agency about changes in income and other circumstances. See Minnesota Statutes 256J.08
• Migrant worker: means a person who travels away from home on a regular basis, usually with a group of other laborers, to seek employment in an agriculturally related activity. See Minnesota Statutes 256J.08
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Minor caregiver: means a person who:

  (1) is under the age of 18;

  (2) has never been married or otherwise legally emancipated; and

  (3) is either the natural parent of a minor child living in the same household or is eligible for assistance paid to a pregnant woman. See Minnesota Statutes 256J.08

• Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 256J.08
• Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Monthly income test: means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J. See Minnesota Statutes 256J.08
• MSA: means the program established under sections 256D. See Minnesota Statutes 256J.08
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Noncustodial parent: means a minor child's parent who does not live in the same home as the child. See Minnesota Statutes 256J.08
• Nonrecurring income: means a form of income which is received:

  (1) only one time or is not of a continuous nature; or

  (2) in a prospective payment month but is no longer received in the corresponding retrospective payment month. See Minnesota Statutes 256J.08

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Overpayment: means the portion of an assistance payment issued by the county agency that is greater than the amount for which the assistance unit is eligible. See Minnesota Statutes 256J.08
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 256J.08
• Participant: includes any of the following:

  (1) a person who is currently receiving cash assistance or the food portion available through MFIP;

  (2) a person who withdraws a cash or food assistance payment by electronic transfer or receives and cashes an MFIP assistance check or food coupons and is subsequently determined to be ineligible for assistance for that period of time is a participant, regardless whether that assistance is repaid;

  (3) the caregiver relative and the minor child whose needs are included in the assistance payment;

  (4) a person in an assistance unit who does not receive a cash and food assistance payment because the case has been suspended from MFIP; and

  (5) a person who receives cash payments under family stabilization services under section 256J. See Minnesota Statutes 256J.08

• Participation requirements of TANF: means activities and hourly requirements allowed under title IV-A of the federal Social Security Act. See Minnesota Statutes 256J.08
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payee: means a person to whom an assistance payment is made payable. See Minnesota Statutes 256J.08
• Payment month: means the calendar month for which the assistance payment is paid. See Minnesota Statutes 256J.08
• Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
• Person trained in domestic violence: means an individual who works for an organization that is designated by the Minnesota Center for Crime Victims Services as providing services to victims of domestic violence, or a county staff person who has received similar specialized training, and includes any other person or organization designated by a qualifying organization under this section. See Minnesota Statutes 256J.08
• Personal property: All property that is not real property.
• Personal property: means an item of value that is not real property, including the value of a contract for deed held by a seller, assets held in trust on behalf of members of an assistance unit, value of a prepaid burial, savings account, value of stocks and bonds, and value of retirement accounts. See Minnesota Statutes 256J.08
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probable fraud: means the level of evidence that, if proven as fact, would establish that assistance has been wrongfully obtained. See Minnesota Statutes 256J.08
• Probate: Proving a will
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective payee: means a person other than the caregiver of an assistance unit who receives the monthly assistance payment on behalf of an assistance unit and is responsible to provide for the basic needs of the assistance unit to the extent of that payment. See Minnesota Statutes 256J.08
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified noncitizen: means a person:

  (1) who was lawfully admitted for permanent residence according to United States Code, title 8;

  (2) who was admitted to the United States as a refugee according to United States Code, title 8; section 1157;

  (3) whose deportation is being withheld according to United States Code, title 8, sections 1231(b)(3), 1253(h), and 1641(b)(5);

  (4) who was paroled for a period of at least one year according to United States Code, title 8, § 1182(d)(5);

  (5) who was granted conditional entry according to United States Code, title 8, § 1153(a)(7);

  (6) who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980, United States Code, title 8, § 1641(b)(7);

  (7) who was granted asylum according to United States Code, title 8, § 1158;

  (8) who is a battered noncitizen according to United States Code, title 8, § 1641(c); or

  (9) who is a parent or child of a battered noncitizen according to United States Code, title 8, § 1641(c). See Minnesota Statutes 256J.08

• Qualified professional: means an individual as defined in section 256P. See Minnesota Statutes 256J.08
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means land and all buildings, structures, and improvements, or other fixtures on the land, belonging or appertaining to the land, and all mines, minerals, fossils, and trees on or under the land. See Minnesota Statutes 256J.08
• Reasonable compensation: means the value received in exchange for property transferred to another owner that is consistent with fair market value and equals or exceeds the seller's equity in the property, reduced by costs incurred in the sale. See Minnesota Statutes 256J.08
• Recertification: means the periodic review of eligibility factors to determine an assistance unit's continued eligibility. See Minnesota Statutes 256J.08
• Recoupment: means the action of the county agency to reduce a family's monthly assistance payment to recover overpayments caused by client or agency error and overpayments received while an appeal is pending. See Minnesota Statutes 256J.08
• Recovery: means actions taken by a county agency to reclaim the value of overpayments through voluntary repayment, recoupment from the assistance payment, court action, revenue recapture, or federal tax refund offset program (FTROP). See Minnesota Statutes 256J.08
• Recurring income: means a form of income which is:

  (1) received periodically, and may be received irregularly when receipt can be anticipated even though the date of receipt cannot be predicted; and

  (2) from the same source or of the same type that is received and budgeted in a prospective month. See Minnesota Statutes 256J.08

• Retrospective budgeting: means a method of determining the amount of the assistance payment in which the payment month is the second month after the budget month. See Minnesota Statutes 256J.08
• Sanction: means the reduction of a family's assistance payment by a specified percentage of the MFIP standard of need because: a nonexempt participant fails to comply with the requirements of sections 256J. See Minnesota Statutes 256J.08
• seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Severe forms of trafficking in persons: means : (1) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform the act has not attained 18 years of age; or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery. See Minnesota Statutes 256J.08
• Shelter costs: means rent, manufactured home lot rental costs, or monthly principal, interest, insurance premiums, and property taxes due for mortgages or contracts for deed. See Minnesota Statutes 256J.08
• Significant change: means a decline in gross income of the amount of the disregard as defined in section 256P. See Minnesota Statutes 256J.08
• Small business: means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity:

  (1) is not an affiliate or subsidiary of a business dominant in its field of operation; and

  (2) has 20 or fewer full-time employees; or

  (3) in the preceding fiscal year has not had more than the equivalent of $1,000,000 in annual gross revenues; or

  (4) if the business is a technical or professional service, shall not have had more than the equivalent of $2,500,000 in annual gross revenues in the preceding fiscal year. See Minnesota Statutes 645.445

• SSI: means the program authorized under title XVI of the Social Security Act. See Minnesota Statutes 256J.08
• SSI recipient: means a person who receives at least $1 in SSI benefits, or who is not receiving an SSI benefit due to recoupment or a one-month suspension by the Social Security Administration due to excess income. See Minnesota Statutes 256J.08
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transitional standard: means the basic standard for a family without earned income and is a combination of the cash portion and food portion as specified in section 256J. See Minnesota Statutes 256J.08
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Unearned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Unemployment benefits: means the insurance benefit paid to an unemployed worker under sections 268. See Minnesota Statutes 256J.08
• Unrelated member: means an individual in the household who does not meet the definition of an eligible caregiver. See Minnesota Statutes 256J.08
• Vendor: means a provider of goods or services. See Minnesota Statutes 256J.08
• Vendor payment: means a payment authorized by a county agency to a vendor. See Minnesota Statutes 256J.08
• Verdict: The decision of a petit jury or a judge.
• Verification: means the process a county agency uses to establish the accuracy or completeness of information from an applicant, participant, third party, or other source as that information relates to program eligibility or an assistance payment. See Minnesota Statutes 256J.08
• verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45