LAC 46:LIII.2701. Definitions

A. As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise; any term not defined herein shall have the definition set forth in R.S. 40:961, or, if not defined there, the common usage and meaning as stated in the Merriam-Webster’s Collegiate Dictionary, Eleventh Edition (as revised), or other similarly accepted reference texts: Board—the Louisiana Board of Pharmacy. Certified Animal Euthanasia Technician—an individual authorized by law and certified by the Louisiana State Board of Veterinary Medicine to practice animal euthanasia. CFR—Code of Federal Regulations Controlled Dangerous Substance or Controlled Substance—any substance defined, enumerated, or included in federal or state statute or regulations, 21 CFR §1308.11-15 or R.S. 40:964, or any substance which may hereafter be designated as a controlled dangerous substance by amendment or supplementation of such regulations or statute. The term shall not include distilled spirits, wine, malt beverages, or tobacco. DEA—United States Drug Enforcement Administration. Department—the Louisiana Department of Health. Dispenser—an individual currently licensed, registered, or otherwise authorized by the appropriate licensing board to dispense drugs or devices containing controlled substances to his own patients in the course of professional practice. Drug— a. any substance recognized as a drug in the official compendium, or supplement thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; b. any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; or c. any substance other than food intended to affect the structure or any function of the body of humans or animals. Drug Detection Canine Trainer—an individual qualified to conduct experiments using controlled substances in training canines to detect the presence of contraband controlled dangerous substances. Drug Detection Canine Handler—an individual qualified to handle canines in the detection of contraband controlled substances. Facility—an organized health care setting authorized by law and licensed by the department to engage in the provision of health care. Hemp Facility—a facility licensed by the Louisiana Department of Agriculture and Forestry as a hemp seed producer, hemp grower, hemp handler or hemp processor. LDAF—Louisiana Department of Agriculture and Forestry, or its successor. License—a Louisiana Controlled Dangerous Substances (CDS) License. Licensee—an individual or facility in possession of a Louisiana CDS license. Manufacturer—a person authorized by law and licensed by the federal Food and Drug Administration to engage in the production of drugs, including controlled substances. Pharmacy—a place authorized by law and permitted by the board to procure, possess, compound, distribute, and dispense drugs, including controlled substances. Prescription or Prescription Drug Order—an order from a practitioner authorized by law to prescribe a drug or device that is patient specific and is to be preserved on file as required by law or regulation. Researcher—an individual qualified to conduct medical, educational, or scientific experiments on animals, humans, or in laboratories which require the use of controlled substances. For the purpose of this Chapter, manufacturers which use controlled substances in the manufacturing process, but do not manufacture controlled substances as an end product, shall be considered researchers and not manufacturers as defined in R.S. 40:961(24). Sales Representative or Professional Medical Representative—an individual employed by a manufacturer or distributor and authorized by the employer to receive, possess, and deliver controlled substances to a person licensed to possess controlled dangerous substances. Third-Party Logistics Provider—a person who provides or coordinates warehousing, facilitation of delivery, or other logistic services for a legend drug or legend device in interstate or intrastate commerce on behalf of a manufacturer, distributor, or dispenser of a legend drug or legend device but does not take ownership of the legend drug or legend device nor have responsibility to direct the sale or disposition of the legend drug or legend device.