71 Pa. Stat. § 1690.102

Current through P.A. Acts 2023-32
Section 1690.102 - Definitions
(a) The definitions contained and used in the Controlled Substance, Drug, Device and Cosmetic Act shall also apply for the purposes of this act.
(b) As used in this act:

"Business associate" means "business associate" as defined in 45 CFR 160.103 (relating to definitions).

"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of the Controlled Substance, Drug, Device and Cosmetic Act.

"Council" means the Pennsylvania Advisory Council on Drug and Alcohol Abuse established by this act.

"Court" means all courts of the Commonwealth of Pennsylvania, including magistrates and justices of the peace.

"Covered entity" means "covered entity" as defined in 45 CFR 160.103.

"Department." The Department of Health.

"Disclosure" means "disclosure" as defined in 45 CFR 160.103 and includes redisclosures and rereleases of information.

"Drug" means (i) substances recognized in the official United States Pharmacopeia, or official National Formulary, or any supplement to either of them; and (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (iii) substances (other than food) intended to affect the structure or any function of the body of man or other animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii), but not including devices or their components, parts or accessories.

"Drug abuser" means any person who uses any controlled substance under circumstances that constitute a violation of the law.

"Drug dependent person" means a person who is using a drug, controlled substance or alcohol, and who is in a state of psychic or physical dependence, or both, arising from administration of that drug, controlled substance or alcohol on a continuing basis. Such dependence is characterized by behavioral and other responses which include a strong compulsion to take the drug, controlled substance or alcohol on a continuous basis in order to experience its psychic effects, or to avoid the discomfort of its absence. This definition shall include those persons commonly known as "drug addicts."

"Emergency medical services" includes all appropriate short term services for the acute effects of abuse and dependence which:

(i) are available twenty-four hours a day;
(ii) are community based and located so as to be quickly and easily accessible to patients;
(iii)are affiliated with and constitute an integral (but not necessarily physical) part of the general medical services of a general hospital; and
(iv)provide drug and alcohol withdrawal and other appropriate medical care and treatment, medical examination, diagnosis, and classification with respect to possible dependence, and referral for other treatment and rehabilitation.

"Federally assisted" means receiving federal assistance as provided in 42 CFR 2.12(B) (relating to applicability).

"Government attorney" means an attorney authorized to represent the Commonwealth or any political subdivision in any judicial proceeding within the scope of this act.

"Health care operations" means "health care operations" as defined in 45 CFR 164.501 (relating to definitions).

"Inpatient services" includes all treatment and rehabilitation services for drug and alcohol abuse and dependence provided for a resident patient while the patient spends full time in a treatment institution including but not limited to a hospital, rehabilitative center or residential facility.

"Minor" means any person under the age of eighteen years.

"Outpatient services" means all treatment and rehabilitation services, including but not limited to medical, psychological, vocational and social rehabilitational services, for drug and alcohol abuse and dependence provided while the patient is not a resident of a treatment institution.

"Payment" means "payment" as defined in 45 CFR 164.501.

"Prevention, intervention and treatment" means all appropriate forms of educational programs and services (including but not limited to radio, television, films, books, pamphlets, lectures, adult education and school courses); planning, coordinating, statistical, research, training, evaluation, reporting, classification, and other administrative, scientific or technical programs or services; and screening, diagnosis, treatment (emergency medical services, inpatient services, intermediate care and outpatient services), vocational rehabilitation, job training and referral, and other rehabilitation programs or services.

"Program" means "program" as defined in 42 CFR 2.11 (relating to definitions).

"State plan" means the master State plan for the control, prevention, treatment, rehabilitation, research, education and training aspects of drug and alcohol abuse and dependence problems.

"Treatment" means "treatment" as defined in 45 CFR 164.501.

"Use" means "use" as defined in 45 CFR 160.103.

"Welfare assistance" means "assistance" as defined in section 402 of the Public Welfare Code and "State Blind Pension" as defined bysection 502 of the Public Welfare Code.

71 P.S. § 1690.102

Amended by P.L. TBD 2022 No. 33, § 2, eff. 7/7/2022.
1972, April 14, P.L. 221, No. 63, § 2. Amended 1985, Dec. 20, P.L. 529, No. 119, § 1, effective 1/1/1986; 1997, Nov. 26, P.L. 501, No. 53, § 1, effective in 60 days.