Terms Used In New York Laws > Public Health > Article 33 > Title 4 - Dispensing to Ultimate Users

• Addict: means a person who habitually uses a controlled substance for a non-legitimate or unlawful use, and who by reason of such use is dependent thereon. See N.Y. Public Health Law 3302
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject. See N.Y. Public Health Law 3302
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See N.Y. Public Health Law 3302
• By means of the internet: means any sale, delivery, distribution, or dispensing of a controlled substance that uses the internet, is initiated by use of the internet or causes the internet to be used. See N.Y. Public Health Law 3302
• Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a substance or substances listed in section thirty-three hundred six of this title. See N.Y. Public Health Law 3302
• delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See N.Y. Public Health Law 3302
• Department: means the department of health of the state of New York. See N.Y. Public Health Law 3302
• Dispense: means to deliver a controlled substance to an ultimate user or research subject by lawful means, including by means of the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See N.Y. Public Health Law 3302
• Diversion: means manufacture, possession, delivery or use of a controlled substance by a person or in a manner not specifically authorized by law. See N.Y. Public Health Law 3302
• Drug: means
  
  (a) 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;
  
  (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and
  
  (c) substances (other than food) intended to affect the structure or a function of the body of man or animal. See N.Y. Public Health Law 3302
• Electronic: means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Public Health Law 3302
• Electronic prescription: means a prescription issued with an electronic signature and transmitted by electronic means in accordance with regulations of the commissioner and the commissioner of education and consistent with federal requirements. See N.Y. Public Health Law 3302
• Electronic signature: means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record, in accordance with regulations of the commissioner and the commissioner of education. See N.Y. Public Health Law 3302
• Federal registration number: means such number assigned by the Federal agency to any person authorized to manufacture, distribute, sell, dispense or administer controlled substances. See N.Y. Public Health Law 3302
• Habitual user: means any person who is, or by reason of repeated use of any controlled substance for non-legitimate or unlawful use is in danger of becoming, dependent upon such substance. See N.Y. Public Health Law 3302
• Institutional dispenser: means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital or similar facility approved and certified by the department as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. See N.Y. Public Health Law 3302
• Internet: as used in this article , also includes other networks, whether private or public, used to transmit information by electronic means. See N.Y. Public Health Law 3302
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Online dispenser: means a practitioner, pharmacy, or person in the United States that sells, delivers or dispenses, or offers to sell, deliver, or dispense, a controlled substance by means of the internet. See N.Y. Public Health Law 3302
• Person: means individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See N.Y. Public Health Law 3302
• Pharmacist: means any person licensed by the state department of education to practice pharmacy. See N.Y. Public Health Law 3302
• Pharmacy: means any place registered as such by the New York state board of pharmacy and registered with the Federal agency pursuant to the federal controlled substances act. See N.Y. Public Health Law 3302
• Practitioner: means :
  
  A physician, dentist, podiatrist, veterinarian, scientific investigator, or other person licensed, or otherwise permitted to dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to this article. See N.Y. Public Health Law 3302
• Prescribe: means a direction or authorization, by prescription, permitting an ultimate user lawfully to obtain controlled substances from any person authorized by law to dispense such substances. See N.Y. Public Health Law 3302
• Prescription: shall mean an official New York state prescription, an electronic prescription, an oral prescription or an out-of-state prescription. See N.Y. Public Health Law 3302
• prescription monitoring program registry: means the prescription monitoring program registry established pursuant to section thirty-three hundred forty-three-a of this article. See N.Y. Public Health Law 3302
• Sell: means to sell, exchange, give or dispose of to another, or offer or agree to do the same. See N.Y. Public Health Law 3302
• Ultimate user: means a person who lawfully obtains and possesses a controlled substance for his own use or the use by a member of his household or for an animal owned by him or in his custody. See N.Y. Public Health Law 3302