Code of the District of Columbia

§ 48–853.01. Definitions.

For the purposes of this chapter, the term:

(1) “Administer” shall have the same meaning as provided in § 48-901.02(1).

(2) “Controlled substance” shall have the same meaning as provided in § 48-901.02(4).

(3) “Controlled Substances Act” means Unit A of Chapter 9 of this title [§ 48-901.01 et seq.].

(4) “Covered substance” means all controlled substances included in the schedules set forth in §§ 48-902.06, 48-902.08, 48-902.10, and 48-902.12, in schedules II through V of section 202(c) of Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, approved October 27, 1970 (84 Stat. 1247; 21 U.S.C. § 812), and any other drug, as specified by rulemaking, that is required to be reported to the Prescription Drug Monitoring Program pursuant to this chapter.

(5) “Department” means the Department of Health.

(6) “Director” means the Director of the Department of Health.

(7) “Dispense” shall have the same meaning as provided in § 48-901.02(7).

(8) “Dispenser” means a practitioner who dispenses a covered substance to the ultimate user, or his or her agent, but shall not include:

(A) A licensed hospital or institutional facility pharmacy that distributes covered substances for the purpose of inpatient hospital care or the dispensing of prescriptions for controlled substances at the time of discharge from such a facility;

(B) A practitioner or other authorized person who administers a covered substance;

(C) A wholesale distributor of a covered substance; or

(D) A clinical researcher providing a covered substance to research subjects as part of a research study approved by a hospital-based institutional review board or an institutional review board accredited by the association for the accreditation of human research protections programs.

(9) “Drug” means:

(A) Any substance recognized as a drug, medicine, or medicinal chemical in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, or official Veterinary Medicine Compendium or other official drug compendium or any supplement to any of them;

(B) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal;

(C) Any chemical substance, other than food, intended to affect the structure or any function of the body of man or other animal; and

(D) Any substance intended for use as a component of any items specified in subparagraph (A), (B), or (C) of this paragraph, but does not include medical devices or their components, parts, or accessories.

(10) “Health occupations board” means a board that, pursuant to § 3-1204.08, licenses and regulates health professionals with the authority to prescribe or dispense covered substances.

(11) “Interoperability” means, with respect to a District of Columbia or state prescription drug monitoring program, the ability of that program to share electronically reported prescription information with another state, district, or territory of the United States’ prescription drug monitoring program or a third party, approved by the Director, that operates interstate prescription drug monitoring exchanges.

(12) “Patient” means the person or animal who is the ultimate user of a controlled substance or other drug required to be submitted under this chapter for whom a lawful prescription is issued or for whom a controlled substance or such other drug is lawfully dispensed.

(13) “Practitioner” shall have the same meaning as provided in § 48-901.02(20).

(14) “Prescriber” means a practitioner or other authorized person who prescribes a controlled substance or other covered substance in the course of his or her professional practice.

(15) “Prescription drug monitoring program” means a program that collects, manages, analyzes, and provides information regarding covered substances or other drugs required to be submitted under this chapter or a program established by a similar act in another state, district, or territory of the United States.

(16) “Program” means the Prescription Drug Monitoring Program established by § 48-853.02.

(17) “Ultimate user” shall have the same meaning as provided in § 48-901.02(23).


(Feb. 22, 2014, D.C. Law 20-66, § 2, 61 DCR 7.)