N.J. Admin. Code § 18:24-37.2
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Drug" means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than food and food ingredients, dietary supplements, or alcoholic beverages that is:
1. Recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, and any supplement to any of these publications;
2. Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or
3. Intended to affect the structure or any function of the body.
"Durable medical equipment" means equipment, including repair and replacement parts, but not including mobility enhancing equipment, that:
1. Can withstand repeated use;
2. Is primarily and customarily used to serve a medical purpose;
3. Is generally not useful to a person in the absence of illness or injury; and
4. Is not worn in or on the body.
"Grooming and hygiene product" means a soap or cleaning solution, shampoo, toothpaste, mouthwash, anti-perspirant, or suntan lotion or sunscreen, regardless of whether the item meets the definition of over-the-counter drug.
"Home use" means that the equipment is sold to an individual for use where the individual resides. This may include residential facilities, such as a nursing home, an assisted care center, or a school dormitory.
"Medical purpose" means that the equipment is used for the diagnosis, treatment, or cure of disease, illness, or injury.
"Mobility enhancing equipment" means equipment, including repair and replacement parts, other than durable medical equipment, that:
1. Is primarily and customarily used to provide or increase the ability to move from one place to another and which is appropriate for use either at home or in a motor vehicle;
2. Is not generally used by persons with normal mobility; and
3. Does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer.
"Over-the-counter-drug" means a drug that contains a label that identifies the product as a drug, as required by 21 CFR 201.66. The label must include:
1. A Drug Facts panel; or
2. A statement of the active ingredient or active ingredients with a list of those ingredients contained in the compound, substance, or preparation. Over-the-counter drug does not include a grooming and hygiene product.
"Prescription" means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this State.
"Prosthetic device" means a replacement, corrective, or supportive device, including repair and replacement parts for same, worn on or in the body in order to:
1. Artificially replace a missing portion of the body;
2. Prevent or correct a physical deformity or malfunction; or
3. Support a weak or deformed portion of the body.
"Transferred to the purchaser" means that the patient must actually leave the hospital, medical, office, etc. with the property.
N.J. Admin. Code § 18:24-37.2