Terms Used In New York Laws > Public Health > Article 33 > Title 7 - Offenses, Violations and Enforcement

• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
• Compounding: means the combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug or bulk drug substance to create a drug with respect to an outsourcing facility under section 503B of the federal Food, Drug and Cosmetic Act and further defined in this section. See N.Y. Public Health Law 3302
• Controlled substance: means a substance or substances listed in section thirty-three hundred six of this title. See N.Y. Public Health Law 3302
• 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 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
• Distributor: means a person who distributes a controlled substance. 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
• 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.
• Federal controlled substances act: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and any act or acts amendatory or supplemental thereto or regulations promulgated thereunder. See N.Y. Public Health Law 3302
• Fraud: Intentional deception resulting in injury to another.
• 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
• 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.
• License: means a written authorization issued by the department or the New York state department of education permitting persons to engage in a specified activity with respect to controlled substances. See N.Y. Public Health Law 3302
• Lien: A claim against real or personal property in satisfaction of a debt.
• Manufacture: means the production, preparation, propagation, compounding, cultivation, conversion or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of a controlled substance:
  
  (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
  
  (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or
  
  (c) by a pharmacist as an incident to his dispensing of a controlled substance in the course of his professional practice. See N.Y. Public Health Law 3302
• Oath: A promise to tell the truth.
• Outsourcing facility: means a facility that:
  
  (a) is engaged in the compounding of sterile drugs as defined in § 6802 of the education law;
  
  (b) is currently registered as an outsourcing facility pursuant to Article one hundred thirty-seven of the education law; and
  
  (c) complies with all applicable requirements of federal and state law, including the Federal Food, Drug and Cosmetic Act. 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
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.