Current through Register Vol. XLI, No. 25, June 21, 2024
Section 11-5-2 - Definitions2.1. "The Board" means the West Virginia Board of Medicine.2.2. "Administer" means the direct application of any prescription drug whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:2.2.a. A physician or podiatric physician, or his or her authorized agent;2.2.b. A physician assistant practicing in collaboration with physicians; or2.2.c. The patient or research subject at the direction and in the presence of the practitioner.2.3. "Controlled substance" means a drug that is classified by federal or state law in Schedules I, II, III, IV or V.2.4. "Course of treatment" means the period of time necessary to effect a cure for an acute disease, or the period of time from one office visit until the next scheduled or anticipated office visit for a chronic disease.2.5. "Dispense" means the preparation and delivery of a prescription drug, in an appropriately labeled and suitable container, by a practitioner to a patient under the practitioner's care. 2.6 "Drug" means: (1) Substances recognized as drugs in the official "United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary", or any supplement to any of them;(2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;(3) substances (other than food) intended to affect the structure or any function of the body of man or animals; and(4) substances intended for use as a component of any article specified in subdivision (1), (2) or (3) of this subdivision. It does not include devices or their components, parts or accessories.2.7. "Drug dispensing practitioner" means a practitioner who dispenses or administers prescription drugs to a patient under his or her care within West Virginia in the course of his or her professional practice and consistent with his or her scope of practice and/or authorization. This term includes, but is not limited to, practitioners who are registered with the Board pursuant to section 3 of this rule.2.8. "Generic drug product" means a drug marketed without a trade name as a substitute for an innovator or previously patented pioneer drug.2.9. "Label" means a display of written, printed, or graphic matter affixed upon the immediate container of a dispensed drug.2.10. "Package insert" means the official labeling information sheet that accompanies a prescription drug when it is distributed by the manufacturer.2.11. "Practitioner" means a physician, podiatric physician, or physician assistant licensed by the Board.2.12. "Prescription drug" means a drug that may be prescribed, dispensed or administered under federal or state law only pursuant to the prescription of an authorized prescriber. Prescription drugs are also referred to as legend drugs.2.13. "Professional samples" means complimentary drugs packaged and distributed in accordance with federal and state statutes and regulations and provided to a practitioner free of charge by manufacturers or distributors and distributed free of charge by the practitioner to his or her patients.2.14. "Registered controlled substance dispensing practitioner" means a practitioner who is registered with the Board to dispense or administer controlled substances to a patient under the practitioner's care within West Virginia in the course of his or her professional practice and consistent with his or her scope of practice and/or authorization.2.15. "Returned or surrendered drug" means a prescription drug which has been dispensed to an end user by any entity, and which is subsequently returned or surrendered to a practitioner for any reason.2.16. "Sale at retail" means dispensing prescription drugs to persons other than current active patients of a dispensing practitioner during the course of treatment of such patients.2.17. "Free clinic" means a clinic where medical and other health-related services are rendered at no charge to the patient.