Terms Used In Hawaii Revised Statutes > Chapter 481D - Going Out of Business Sales

• Abuse: means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. See Hawaii Revised Statutes 329-1
• Address: means , with respect to prescriptions, the physical location where an individual resides such as:
  (1) Street address, city, and state;
  (2) Tax map key number; or
  (3) The description of a physical location. See Hawaii Revised Statutes 329-1
• Administrator: means the administrator of the narcotics enforcement division of the department of law enforcement. See Hawaii Revised Statutes 329-1
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Hawaii Revised Statutes 329-1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Central fill pharmacy: means a pharmacy located in the State that is registered pursuant to § 329-32 to prepare controlled substance orders for dispensing to the ultimate user pursuant to a valid prescription transmitted to it by a registered pharmacy. See Hawaii Revised Statutes 329-1
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of part II. See Hawaii Revised Statutes 329-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• delivery: means the actual, constructive, or attempted transfer or sale from one person to another of a controlled substance or drug paraphernalia, whether or not there is an agency relationship. See Hawaii Revised Statutes 329-1
• Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
• 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 administering of a practitioner's controlled substances, and packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Hawaii Revised Statutes 329-1
• Dispenser: means a practitioner who dispenses. See Hawaii Revised Statutes 329-1
• 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 clause (1), (2), or (3) of this subsection. See Hawaii Revised Statutes 329-1
• Drug Enforcement Administration registration number: means the practitioner's Drug Enforcement Administration controlled substance registration number. See Hawaii Revised Statutes 329-1
• Electronic prescription: means a prescription that is generated on an electronic prescription application and transmitted as an electronic data file that complies with all applicable requirements of Title Title 21 of the Code of Federal Regulations, Part 1311 and any additional rules adopted by the department

  "Electronic prescription application" means electronic prescription software either as a stand-alone application or as a module in an electronic health record application. See Hawaii Revised Statutes 329-1

• Electronic signature: means a method of signing an electronic message that identifies a particular person as the source of the message and indicates the person's approval of the information contained in the message. See Hawaii Revised Statutes 329-1
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fraud: Intentional deception resulting in injury to another.
• Going out of business sale: means any sale, whether described by that name or any other name including but not limited to "closing out sale" "lost our lease sale" "forced to vacate sale" and "inventory close out sale" held in a manner as to induce a belief that upon disposal of the stock of goods on hand, the business will cease and be discontinued at the premises where the sale is conducted, and that otherwise complies with all applicable laws and rules relating to sales and conduct of sales. See Hawaii Revised Statutes 481D-1
• Goods: includes all goods, wares, merchandise, and other personal property, excepting choses in action and money. See Hawaii Revised Statutes 481D-1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Identification number: means , with respect to a patient:
  (1) The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number;
  (2) If the patient is a foreign patient, the patient's passport number;
  (3) If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;
  (4) If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or
  (5) If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 329-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legatee: A beneficiary of a decedent
• Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Hawaii Revised Statutes 329-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
• Person: includes a person, firm, corporation, partnership, association, or two or more persons having a joint or common interest. See Hawaii Revised Statutes 481D-1
• Personal property: All property that is not real property.
• Pharmacist: means a person who is licensed or holds a permit under chapter 461 to practice pharmacy, including a pharmacy intern who is under the immediate and direct supervision of a licensed pharmacist. See Hawaii Revised Statutes 329-1
• Physician assistant: means a person licensed under section 453-5. See Hawaii Revised Statutes 329-1
• Practitioner: means :
  (1) A physician, dentist, veterinarian, scientific investigator, or other person licensed and registered under § 329-32 to distribute, dispense, or conduct research with respect to a controlled substance in the course of professional practice or research in this State;
  (2) An advanced practice registered nurse with prescriptive authority licensed and registered under § 329-32 to prescribe and administer controlled substances in the course of professional practice in this State; and
  (3) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. See Hawaii Revised Statutes 329-1
• Prescribe: means to direct, designate, or order the use of a formula for the preparation of a medicine for a disease or illness and the manner of using them. See Hawaii Revised Statutes 329-1
• Prescriber: means one who is authorized to issue a prescription. See Hawaii Revised Statutes 329-1
• Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
• Removal sale: means any sale held in such a manner as to induce a belief that upon disposal of the stock of goods on hand, the business will cease and be discontinued at the premises where the sale is conducted, and thereafter will be moved to occupy another location. See Hawaii Revised Statutes 481D-1
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
• Supervising physician: means a physician licensed to practice medicine in the State and registered under § 329-33, who supervises a physician assistant and retains full professional and legal responsibility for the performance of the supervised physician assistant and the care and treatment of the patient. See Hawaii Revised Statutes 329-1
• System: means an electronic prescription accountability system as described in part VIII. See Hawaii Revised Statutes 329-1
• Trustee: A person or institution holding and administering property in trust.
• Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Hawaii Revised Statutes 329-1