Terms Used In Iowa Code > Chapter 155A - Pharmacy

• Administer: means the direct application of a prescription drug, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by one of the following:
   a. See Iowa Code 155A.3
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Authorized agent: means an individual designated by a practitioner who is under the supervision of the practitioner and for whom the practitioner assumes legal responsibility. See Iowa Code 155A.3
• Biological product: means the same as defined in 42 U. See Iowa Code 155A.3
• Board: means the board of pharmacy. See Iowa Code 155A.3
• Child: includes child by adoption. See Iowa Code 4.1
• College of pharmacy: means a school, university, or college of pharmacy that satisfies the accreditation standards of the accreditation council for pharmacy education to the extent those standards are adopted by the board, or that has degree requirements which meet the standards of accreditation adopted by the board. See Iowa Code 155A.3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug substance, immediate precursor, or other substance listed in subchapter II of chapter 124. See Iowa Code 155A.3
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• delivery: means the actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration. See Iowa Code 155A.3
• Demonstrated bioavailability: means the rate and extent of absorption of a drug or drug ingredient from a specified dosage form, as reflected by the time-concentration curve of the drug or drug ingredient in the systemic circulation. See Iowa Code 155A.3
• Department: means the Iowa department of public health. See Iowa Code 154A.1
• Device: means a medical device, as classified by the United States food and drug administration, intended for use by a patient that is required by the United States food and drug administration to be ordered or prescribed for a patient by a practitioner. See Iowa Code 155A.3
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispense: means to deliver a prescription drug, device, or controlled substance to an ultimate user or research subject by or pursuant to the lawful prescription drug order or medication order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Iowa Code 155A.3
• Distribute: means the delivery of a prescription drug or device. See Iowa Code 155A.3
• drug: means a drug, as classified by the United States food and drug administration, that is required by the United States food and drug administration to be prescribed or administered to a patient by a practitioner prior to dispensation. See Iowa Code 155A.3
• electronic prescription: means an order or prescription which is transmitted by a computer device in a secure manner, including computer-to-computer transmission and computer-to-facsimile transmission. See Iowa Code 155A.3
• Electronic signature: means a confidential personalized digital key, code, or number used for secure electronic transmissions which identifies and authenticates the signatory. See Iowa Code 155A.3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• facsimile prescription: means an order or prescription which is transmitted by a device which sends an exact image to the receiver. See Iowa Code 155A.3
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Fraud: Intentional deception resulting in injury to another.
• Generic name: means the official title of a drug or drug ingredient published in the current official United States Pharmacopoeia and National Formulary, official Homeopathic Pharmacopoeia, or other drug compendium published by the United States pharmacopoeial convention or any supplement to any of them. See Iowa Code 155A.3
• 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.
• Home state: means the party state that is the advanced practice registered nurse's primary state of residence. See Iowa Code 152E.3
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interchangeable biological product: means either of the following:
   a. See Iowa Code 155A.3
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
• Internship: means a practical experience program approved by the board for persons training to become pharmacists. See Iowa Code 155A.3
• 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.
• Label: means written, printed, or graphic matter on the immediate container of a drug or device. See Iowa Code 155A.3
• Labeling: means the process of preparing and affixing a label including information required by federal or state law or regulation to a drug or device container. See Iowa Code 155A.3
• License: means a license issued by the state under this chapter to a hearing aid specialist. See Iowa Code 154A.1
• Licensing board: means a party state's regulatory body responsible for advanced practice registered nurse licensure or authority to practice. See Iowa Code 152E.3
• Limited distributor: means a person operating or maintaining a location, regardless of the location, where prescription drugs or devices are distributed at wholesale or to a patient pursuant to a prescription drug order, who is not eligible for a wholesale distributor license or pharmacy license. See Iowa Code 155A.3
• Managing pharmacy: means a licensed pharmacy that oversees the activities of a telepharmacy site. See Iowa Code 155A.3
• Manufacturer: means manufacturer as defined by the federal Drug Supply Chain Security Act, 21 U. See Iowa Code 155A.3
• Medical convenience kit: means a collection of devices, which may include a product or biological product, assembled in kit form strictly for the convenience of the purchaser or ultimate user. See Iowa Code 155A.3
• Medical gas: means a gas or liquid oxygen intended for human consumption. See Iowa Code 155A.3
• Medication order: means a written order from a practitioner or an oral order from a practitioner or the practitioner's authorized agent for administration of a drug or device. See Iowa Code 155A.3
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Pedigree: means a recording of each distribution of any given drug or device, from the sale by the manufacturer through acquisition and sale by any wholesaler, pursuant to rules adopted by the board. See Iowa Code 155A.3
• Person: means a natural person. See Iowa Code 154A.1
• Pharmacist: means a person licensed by the board to practice pharmacy. See Iowa Code 155A.3
• Pharmacist in charge: means the pharmacist designated on a pharmacy license as the pharmacist who has the authority and responsibility for the pharmacy's compliance with laws and rules pertaining to the practice of pharmacy. See Iowa Code 155A.3
• Pharmacist-intern: means an undergraduate student enrolled in the professional sequence of a college of pharmacy approved by the board, or a graduate of a college of pharmacy, who is participating in a board-approved internship under the supervision of a preceptor. See Iowa Code 155A.3
• Pharmacy: means a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws. See Iowa Code 155A.3
• Pharmacy license: means a license issued to a pharmacy or other place where prescription drugs or devices are dispensed to the general public pursuant to a prescription drug order. See Iowa Code 155A.3
• Pharmacy support person: means a person, other than a licensed pharmacist, a registered pharmacist-intern, or a registered pharmacy technician, who may perform nontechnical duties assigned by a supervising pharmacist under the pharmacist's responsibility and supervision. See Iowa Code 155A.3
• Pharmacy technician: means a person registered by the board who is in a technician training program or who is employed by a pharmacy under the responsibility of a licensed pharmacist to assist in the technical functions of the practice of pharmacy. See Iowa Code 155A.3
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Practice of pharmacy: is a dynamic patient-oriented health service profession that applies a scientific body of knowledge to improve and promote patient health by means of appropriate drug use and related drug therapy. See Iowa Code 155A.3
• Practitioner: means a physician, dentist, podiatric physician, prescribing psychologist, veterinarian, optometrist, physician assistant, advanced registered nurse practitioner, or other person licensed or registered to prescribe, distribute, or dispense a prescription drug or device in the course of professional practice in this state or a person licensed by another state in a health field in which, under Iowa law, licensees in this state may legally prescribe drugs. See Iowa Code 155A.3
• Preceptor: means a pharmacist in good standing licensed in this state to practice pharmacy and approved by the board to supervise and be responsible for the activities and functions of a pharmacist-intern in the internship program. See Iowa Code 155A.3
• Prescription drug order: means a written, electronic, or facsimile order from a practitioner or an oral order from a practitioner or the practitioner's authorized agent who communicates the practitioner's instructions for a prescription drug or device to be dispensed. See Iowa Code 155A.3
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Product: means the same as defined in 21 U. See Iowa Code 155A.3
• property: includes personal and real property. See Iowa Code 4.1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Repackager: means a person who owns or operates an establishment that repackages or relabels a product or package for further sale or for distribution without a further transaction. See Iowa Code 155A.3
• Rule: includes "regulation". See Iowa Code 4.1
• sell: means a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration. See Iowa Code 154A.1
• Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
• Technician product verification: means the process by which a certified pharmacy technician provides the final product verification for prescription drugs or devices filled or prepared by a registered pharmacy technician, pharmacist-intern, or with an automated dispensing system. See Iowa Code 155A.3
• Telepharmacy: means the practice of pharmacy via telecommunications as provided by the board by rule. See Iowa Code 155A.3
• Telepharmacy site: means a licensed pharmacy that is operated by a managing pharmacy and staffed by one or more qualified certified pharmacy technicians where pharmaceutical care services, including the storage and dispensing of prescription drugs, drug regimen review, and patient counseling, are provided by a licensed pharmacist through the use of technology. See Iowa Code 155A.3
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party logistics provider: means an entity that provides or coordinates warehousing or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product, but does not take ownership of the product nor have responsibility to direct the sale or other disposition of the product. See Iowa Code 155A.3
• trade name: means the registered trademark name given to a drug product or ingredient by its manufacturer, labeler, or distributor. See Iowa Code 155A.3
• Ultimate user: means a person who has lawfully obtained and possesses a prescription drug or device 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 Iowa Code 155A.3
• Unit dose packaging: means the packaging of individual doses of a drug in containers which preserve the identity and integrity of the drug from the point of packaging to administration and which are properly labeled pursuant to rules of the board. See Iowa Code 155A.3
• United States: includes all the states. See Iowa Code 4.1
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Wholesale distribution: means the distribution of a drug to a person other than a consumer or patient, or the receipt of a drug by a person other than a consumer or patient, but does not include any of the following:
   a. See Iowa Code 155A.3
• Wholesale distributor: means a person, other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider, or repackager, engaged in the wholesale distribution of a drug. See Iowa Code 155A.3
• year: means twelve consecutive months. See Iowa Code 4.1