Current through Register Vol. XLI, No. 25, June 21, 2024
Section 15-8-2 - Definitions2.1. The definitions applicable to the Uniform Controlled Substances Act set forth in West Virginia Code § 60A-1-101 apply to this Series.2.2. The following words and phrases have the following meanings: 2.2.a. "Central repository" means the repository designated by the board for the collection of the transmitted information, which may be a vendor designated by the board and under contract with the board to act as the central repository.2.2.b. "Controlled Substances Monitoring Program" or "CSMP" means the database maintained through the central repository for the information required to be transmitted by this rule.2.2.c. "Date sold" means, for purposes of American Society for Automation in Pharmacy (ASAP) standard prescription drug monitoring program reporting formats, the date a prescription is delivered to the patient or the patient's caregiver or agent on behalf of the patient For prescriptions delivered by mail or other common carrier, it is the date placed in the mail or for delivery.2.2.d. "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another of: (1) A controlled substance, whether or not there is an agency relationship;(2) a counterfeit substance; or(3) an imitation controlled substance.2.2.e. "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. Dispensing has not occurred for purposes of this definition until the controlled substance is actually delivered to the recipient or recipient representative.2.2.f. "Drugs of concern" means prescription drugs which are not controlled substances but which have a high potential for abuse.2.2.g. "Authorized agent" means an individual, who is an employee of any of the covered persons or entities permitted to have access to the central repository pursuant to Rule 15-8-7.3 of this rule, who is specifically designated by the covered person or authorized representative of the covered entity to access the central repository on behalf of the covered person or entity.2.2.h. "Electronic access" means the ability to connect with and view the information in the central repository maintained by the board using electronic means permits real-time connectivity to the central repository.2.2.i. "Government-issued photo identification card" means an identification card of an individual that provides a photograph of him or her and is issued by a State or the Federal Government of the United States of America, or a document that, with respect to identification, is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title 8, Code of Federal Regulations (2020).2.2.j. "Internet" means an interconnected system of networks that connects computers around the world via the Transmission Control Protocol (TCP) and the Internet Protocol (IP) established by the Internet Society (ISOC).2.2.k. "Intranet" means a privately maintained computer network that can be accessed only by authorized persons, especially members or employees of the organization that owns it.2.2.l. "Medical Services Provider" means a licensed practitioner with the legal authority to dispense controlled substances.2.2.m. "Opioid antagonist or opiate antagonist" means drugs approved by the federal Food and Drug Administration for treatment of drug overdose which have a high affinity for opiate receptors but do not activate these receptors, and which block the effects of exogenously administered opioids such as morphine, heroin, meperidine, and methadone, or of endogenously released endorphins and enkephalins. 2.2.n. "Patient" means an individual who:2.2.n.1. has a valid ongoing practitioner-patient relationship; or2.2.n.2. has not yet established an ongoing practitioner-patient relationship, but: 2.2.n.2.A. has requested to establish such a relationship with the practitioner; or2.2.n.2.B. has been referred to that practitioner for evaluation or care by another practitioner.2.2.o. "Recipient" means the patient, ultimate user or research subject for whom a controlled substance is dispensed or filled.2.2.p. "Recipient representative" means an individual to whom a controlled substance is dispensed or filled if the recipient is either less than 18 years of age or unavailable to receive the controlled substance.2.2.q. "Reporter" means a medical services provider, health care facility, pharmacist, or pharmacy that is required to submit the information outlined in section 4 of this rule.2.2.r. "Schedule II, III, IV, or V Controlled Substance" means a controlled substance classified in those categories under W. Va. Code §§ 60A-2-206, 208, 210, and 212.2.2.s. "Security prescription blank" means a prescription blank that complies with the requirements of § 15-1-23 of the West Virginia Code of State Rules.2.2.t. "Universal Claim Form" means a nationally recognized standard form developed by the National Council for Prescription Drug Programs used for billing drug claims to insurance plans.