10.19.03.02

.02 Definitions.

A. As used in this chapter, unless otherwise provided, those definitions appearing in Criminal Law Article, §5-101, Annotated Code of Maryland, shall apply.

B. In this chapter, the following terms have the meanings indicated.

C. Terms Defined.

(1) "Act" means the Maryland Controlled Dangerous Substances Act, Criminal Law Article, §§5-101—5-1101, Annotated Code of Maryland.

(2) Commercial Container.

(a) "Commercial container" means any bottle, jar, tube, ampule, or other receptacle in which a substance is held for distribution or dispensing to an ultimate user.

(b) "Commercial container" includes any box or package in which a receptable is held for distribution or dispensing to an ultimate user.

(c) "Commercial container" does not include any package liner, package insert, or other material kept with or within a commercial container, or any carton, crate, drum, or other package in which commercial containers are stored or are used for shipment of controlled dangerous substances.

(3) Controlled Premises.

(a) "Controlled premises" means places where original or other records or documents required under the Act are kept or required to be kept.

(b) "Controlled premises" includes factories, warehouses, other establishments, and conveyances, where persons registered under the Act or exempt from registration under the Act may lawfully hold, manufacture, distribute, dispense, administer, or otherwise dispose of controlled dangerous substances.

(4) "Department" means the Maryland Department of Health.

(5) "Division of Drug Control" means a division within the Maryland Department of Health.

(6) "Federal Act" means the Controlled Substance Act (84 Stat. 1242; 21 U.S.C. 801) or the Controlled Substance Import and Export Act (84 Stat. 1285; 21 U.S.C. 951).

(7) Individual Practitioner.

(a) "Individual practitioner" means a physician, dentist, veterinarian, or other individual licensed, registered, or otherwise permitted by the United States or the jurisdiction in which the individual practitioner practices, to dispense a controlled dangerous substance in the course of professional practice.

(b) "Individual practitioner" does not include a pharmacist, a pharmacy, or an institutional practitioner.

(8) "Inspector" means an officer or employee of the Department authorized by the Secretary to make inspections under the Act.

(9) Institutional Practitioner.

(a) "Institutional practitioner" means a hospital or other person other than an individual licensed, registered, or otherwise permitted by the United States or the jurisdiction in which it practices, to dispense a controlled dangerous substance in the course of professional practice.

(b) "Institutional practitioner" does not include a pharmacy.

(10) "Labeling" means all labels and other written, printed, or graphic matter on any controlled substance or any of its commercial containers or wrappers accompanying controlled dangerous substances.

(11) Manufacture.

(a) "Manufacture" means the:

(i) Producing, preparation, propagation, compounding, or processing of a drug or other substance;

(ii) Packaging or repackaging of the substance; or

(iii) Labeling or relabeling of the commercial container of the substance.

(b) "Manufacture" does not include the activities of a practitioner who, as an incident to the practitioner's administration or dispensing the substance in the course of the practitioner's professional practice, prepares, compounds, packages, or labels the substance.

(12) "Manufacturer" means a person who manufactures a drug or other substance under:

(a) A registration as a manufacturer; or

(b) Authority of registration as a researcher or chemical analyst.

(13) Pharmacist.

(a) "Pharmacist" means any pharmacist licensed in the State to dispense controlled dangerous substances.

(b) "Pharmacist" includes any other individual, for example, a pharmacist intern, authorized by a state to dispense controlled dangerous substances under the supervision of a pharmacist licensed by that state.

(14) Prescription.

(a) "Prescription" means an order for medication that is dispensed to or for an ultimate user.

(b) "Prescription" does not include an order for medication which is dispensed for immediate administration to the ultimate user, such as an order to dispense a drug to a bed patient for immediate administration in a hospital.

(15) "Registration" means initial registration or subsequent reregistration.

(16) "Secretary" means the Secretary of Health.