Terms Used In Rhode Island General Laws > Chapter 4-16 - Estrays

• Administer: refers to the direct application of controlled substances to the body of a patient or research subject by:

  (i)  A practitioner, or, in his or her presence by his or her authorized agent; or

  (ii)  The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means. See Rhode Island General Laws 21-28-1.02

• Agent: means an authorized person who acts on behalf of, or at the direction of, a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator when acting in the usual and lawful course of the carrier's or warehouse operator's business. See Rhode Island General Laws 21-28-1.02
• Apothecary: means a registered pharmacist as defined by the laws of this state and, where the context requires, the owner of a licensed pharmacy or other place of business where controlled substances are compounded or dispensed by a registered pharmacist; and includes registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be construed as conferring on a person who is not registered as a pharmacist any authority, right, or privilege that is not granted to him or her by the pharmacy laws of the state. See Rhode Island General Laws 21-28-1.02
• Appraisal: A determination of property value.
• 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.
• Bequest: Property gifted by will.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Child with special healthcare needs: means any minor under the age of eighteen (18) who is a domiciled resident of the state who suffers from a chronic medical illness. See Rhode Island General Laws 23-14-2
• Coca leaves: includes cocaine, or any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine or ecgonine may be synthesized or made. See Rhode Island General Laws 21-28-1.02
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Computer: means programmable electronic device capable of multi-functions, including, but not limited to: storage, retrieval, and processing of information. See Rhode Island General Laws 21-28-1.02
• Contract: A legal written agreement that becomes binding when signed.
• Control: means to add a drug or other substance or immediate precursor to a schedule under this chapter, whether by transfer from another schedule or otherwise. See Rhode Island General Laws 21-28-1.02
• Controlled substance: means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. See Rhode Island General Laws 21-28-1.02
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• delivery: means the actual, constructive, or attempted transfer of a controlled substance or imitation controlled substance, whether or not there exists an agency relationship. See Rhode Island General Laws 21-28-1.02
• Department: means the department of health of this state. See Rhode Island General Laws 21-28-1.02
• Devise: To gift property by will.
• Director: means the director of health. See Rhode Island General Laws 21-28-1.02
• Dispense: means to deliver, distribute, leave with, give away, or dispose of a controlled substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Rhode Island General Laws 21-28-1.02
• Dispenser: is a practitioner who delivers a controlled substance to the ultimate user or human research subject. See Rhode Island General Laws 21-28-1.02
• Distribute: means to deliver (other than by administering or dispensing) a controlled substance or an imitation controlled substance and includes actual constructive, or attempted transfer. See Rhode Island General Laws 21-28-1.02
• Distributor: means a person who so delivers a controlled substance or an imitation controlled substance. See Rhode Island General Laws 21-28-1.02
• Drug Enforcement Administration: means the Drug Enforcement Administration, United States Department of Justice or its successor. See Rhode Island General Laws 21-28-1.02
• Eligible services: means the direct provision of medicines, medical equipment and supplies, medical treatment or care to children with special healthcare needs, and travel expenses including transportation, meals, and lodging of children with special healthcare needs and their families when it is necessary for the child to receive medical treatment at an out-of-state medical treatment facility. See Rhode Island General Laws 23-14-2
• Emergency services: means eligible services that would normally be provided for by a health insurance program or a publicly funded assistance program, but for any reason are not immediately available to the child with special healthcare needs. See Rhode Island General Laws 23-14-2
• 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.
• Federal law: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. See Rhode Island General Laws 21-28-1.02
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Hardware: means the fixed component parts of a computer. See Rhode Island General Laws 21-28-1.02
• Hospital: means an institution as defined in chapter 17 of Title 23. See Rhode Island General Laws 21-28-1.02
• Imitation controlled substance: means a substance that is not a controlled substance, that by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance and, which imitation controlled substances contain substances that if ingested, could be injurious to the health of a person. See Rhode Island General Laws 21-28-1.02
• Immediate precursor: means a substance:

  (i)  That the director of health has found to be, and by regulation designated as being, the principal compound used, or produced primarily for use, in the manufacture of a controlled substance;

  (ii)  That is an immediate chemical intermediary used, or likely to be used, in the manufacture of those controlled substances; and

  (iii)  The control of which is necessary to prevent, curtail, or limit the manufacture of that controlled substance. See Rhode Island General Laws 21-28-1.02

• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Infant: means a newborn human child which is thirty (30) days old or younger. See Rhode Island General Laws 23-13.1-2
• 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.
• Laboratory: means a laboratory approved by the department of health as proper to be entrusted with controlled substances and the use of controlled substances for scientific and medical purposes and for the purposes of instruction. See Rhode Island General Laws 21-28-1.02
• Lactation consultant: means a healthcare professional who specializes in the clinical management of breastfeeding. See Rhode Island General Laws 23-13.6-2
• Manufacture: means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or 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 in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice. See Rhode Island General Laws 21-28-1.02
• Manufacturer: means a person who manufactures but does not include an apothecary who compounds controlled substances to be sold or dispensed on prescriptions. See Rhode Island General Laws 21-28-1.02
• Marijuana: means all parts of the plant cannabis sativa L. See Rhode Island General Laws 21-28-1.02
• municipal authorization and approval: means an express affirmative vote by the city or town council, or the equivalent governing body, of any municipality where a harm reduction center is proposed to be located, which affirmative vote approves:

  (i)  The opening and operation of the proposed harm reduction center;

  (ii)  The exact location of the proposed harm reduction center, which shall include street address and plat and lot number or other applicable number as used by the municipality's tax assessor; and

  (iii)  An express authorization as to the hours of operation of the proposed harm reduction center. See Rhode Island General Laws 23-12.10-1

• 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.
• Opioid antagonist: means naloxone hydrochloride and any other drug approved by the United States Food and Drug Administration for the treatment of opioid overdose. See Rhode Island General Laws 21-28-1.02
• Opium poppy: means the plant of the species papaver somniferum L. See Rhode Island General Laws 21-28-1.02
• Ounce: means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids. See Rhode Island General Laws 21-28-1.02
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Person: means any corporation, association, partnership, or one or more individuals. See Rhode Island General Laws 21-28-1.02
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Practitioner: means :

  (i)  A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See Rhode Island General Laws 21-28-1.02

• Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Rhode Island General Laws 21-28-1.02
• 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 law enforcement agency: means the U. See Rhode Island General Laws 21-28-1.02
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Software: means programs, procedures, and storage of required information data. See Rhode Island General Laws 21-28-1.02
• Statute: A law passed by a legislature.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Ultimate user: means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household. See Rhode Island General Laws 21-28-1.02
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Wholesaler: means a person who sells, vends, or distributes at wholesale, or as a jobber, broker agent, or distributor, or for resale in any manner in this state any controlled substance. See Rhode Island General Laws 21-28-1.02